Socorro City Zoning Code

ARTICLE IV

- DISTRICT REGULATIONS

DIVISION 5. - RESERVED[3]

Footnotes:

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Editor's note— Ord. No. 412, § 1, adopted July 6, 2017, repealed div. 5, §§ 46-290—46-295, which pertained to R-3 High Density Residential District and derived from Ord. No. 76, § 8, adopted May 1, 1989; Ord. of Dec. 21, 1992, § II; Ord. of July 6, 1993, §§ I, II; Ord. of Oct. 8, 1996, § II; Ord. of Nov. 7, 2002, § 8; Ord. of May 2, 2007; Ord. of Nov. 17, 2008; Ord. of Jan. 13, 2011, § II; and Ord. of June 30, 2011, § 3.

DIVISION 11. - RESERVED[4]

Footnotes:

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Editor's note— Ord. No. 458, § 2, adopted March 21, 2019, repealed Div. 11, §§ 46-481—46-487, which pertained to M-2 - Heavy Industrial District and derived from Ord. No. 76, 5-1-1989; Ord. of 12-21-1992; Ord. of 7-6-1993; Ord. of 10-8-1996; Ord. of 11-7-2002; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011; Ord. of 6-30-2011.

DIVISION 16. - GMU - GENERAL MIXED USE DISTRICT[5]

Footnotes:

--- (5) ---

Editor's note— Ord. No. 554, adopted Nov. 3, 2022, set out provisions intended for use as §§ 46-620—46-624. Inasmuch as there were already provisions so designated, said sections have been codified herein as §§ 46-601—46-605 at the discretion of the editor.

Sec. 46-170.- Regulations are minimum mandatory requirements.

(a)

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No building or other structure shall hereafter be erected or altered:

(1)

To exceed the height or bulk.

(2)

To accommodate or house a greater number of families.

(3)

To occupy a greater percentage of lot area.

(4)

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-171. - Official zoning map.

(a)

There shall be a map known and designated as the official zoning map, which shall show the boundaries of all zoning districts within the city's planning jurisdiction. This map shall be kept and maintained on a geographical information system ("GIS") or other digital cartography system by the planning and zoning department. The official zoning map, together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

If changes are made in the district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council. No amendment to this chapter shall become effective until after change and entry had been made on the map.

(c)

Approved zoning changes shall be entered on the official zoning map by the, city planner or their designee and each change shall be identified on the map with the date and number of the ordinance making the change. No change of any nature shall be made on the official zoning map that is not in accordance with this section and chapter.

(d)

Regardless of the existence of purported copies of the official zoning map that may from time to time be made or published, the official zoning map which shall be located in the city planning department shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. The official zoning map shall be available to the public at all hours when the city hall is open to the public.

(e)

Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. These copies shall be kept in the planning department.

(Ord. No. 76, § 1, 5-1-1989; Ord. of 11-7-2002, § 1; Ord. of 11-17-2008; Ord. No. 467, § 15, 6-6-2019; Ord. No. 650, 11-7-2024)

Sec. 46-172. - Districts established.

(a)

In order to carry out the provisions of this chapter, the city and territory in its extra-territorial zoning jurisdiction, at such time as zoning is approved for this extraterritorial area, is hereby divided into zone districts, as named and described in the following divisions. The regulations prescribed in this chapter shall apply within the corporate limits of the city and to the territory in its extraterritorial zoning jurisdiction at such time as zoning is approved for this extraterritorial area.

(b)

City zoning districts are established as follows:

(1)

RE Rural Estate District.

(2)

R-1 Single-Family Residential District.

(3)

R-2 Medium Density Residential District.

(4)

Reserved.

(5)

RM-1 Mobile Home Subdivision District.

(6)

RM-2 Residential Mobile Home Park District.

(7)

C-1 Neighborhood Commercial (Light Commercial) District.

(8)

C-2 General Commercial District.

(9)

IC MUD Industrial/Commercial Mixed-Use Development.

(10)

Reserved.

(11)

SU-1 Special Use Zone.

(12)

FP Floodplain and Floodway Overlay District.

(13)

PUD Planned Unit Development.

(14)

HP Historic Preservation District.

(c)

The boundaries of the zone districts are hereby established as shown on the official zoning map.

(d)

Abutting zone districts along frontage on a public right-of-way shall automatically extend to the centerline upon vacation from public use of the right-of-way.

(Ord. No. 76, § 7, 5-1-1989; Ord. of 11-7-2002, § 7; Ord. No. 412, § 2, 7-6-2017; Ord. No. 458, §§ 3, 4, 3-21-2019; Ord. No. 490, § 2, 7-2-2020)

Sec. 46-173. - Rules for interpretation of uncertain boundaries.

(a)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries shall be construed as the centerline of existing, future, or vacated streets, highways, railroads, alleys, or irrigation canals or other public rights-of-way.

(2)

Where property has been subdivided into block and lot, the boundaries shall be construed to be the lot line.

(3)

Where property is not otherwise designated, divided, or subdivided, the boundary line shall be determined by the scaled distance shown on the official zoning district map.

(4)

Where due to the scale, lack of detail, or illegibility of the official zoning map, there is any uncertainty, contradiction, or conflict as to the intended location of any district boundaries shown thereon, interpretation concerning the exact location of a zone district boundary line shall, upon a written request submitted to the planning department, be determined by the board of adjustment.

(b)

The planning and zoning commission is authorized to interpret the zoning map and rule upon disputed questions of lot lines or district boundary lines and similar questions. An application for a map interpretation shall be submitted to the planning and zoning commission by filing a copy of the application with the administrator in the planning department. The application shall contain sufficient information to enable the commission-to make the necessary interpretation.

(Ord. No. 76, § 2, 5-1-1989; Ord. of 11-7-2002, § 2; Ord. No. 522, § 2, 10-28-2021)

Sec. 46-174. - Space required for compliance may not be shared by multiple buildings.

No part of a yard, other open space, off-street parking, sewage disposal facility, or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, off-street parking, sewage disposal facility, or loading space similarly required for any other building.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-175. - Reduction of yard and lot size prohibited.

No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-176. - Annexed properties.

At such time as territory may hereafter be annexed the city, it shall continue to be zoned, according to the comprehensive plan, and subject to such land use restrictions; provided, however, if such territory is not subject to zoning or land use restrictions, the city council shall as a condition of such annexation zone, according to the comprehensive plan, be subject to such territory.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-137.- Defined; policy, purpose and intent.

(a)

Lots, structures, uses of land and structures and characteristics of use that were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment, are nonconforming. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. It is not the intent of this chapter to authorize, and this chapter shall not be construed to authorize, uses which constitute public or private nuisances or are otherwise prohibited by law or regulations.

(b)

Nonconforming uses are declared by this chapter to be incompatible with, or not within the meaning of, permitted uses in the district in which located a nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment or additions on a building or premises or by placement of additional signs intended to be seen from off premises or by the addition of other uses, of a nature which would not be permitted generally in the district involved.

(Ord. No. 76, § 6(1), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-138. - Construction in progress.

(a)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of the adoption or amendment from which this chapter is derived and upon which actual building construction has been carried on diligently according to the city's building inspector and within the timeframe outline in the required permits.

(b)

The term "actual construction," for purposes of this section, means the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently as determined by the city's building inspector.

(Ord. No. 76, § 6(1), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-139. - Lots of record.

(a)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this chapter. Such lots must be in separate ownership. This provision shall apply even though such lots fail to meet the requirements for the area, width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

(b)

Variance of area requirements shall be obtained only through action of the planning and zoning commission

(c)

All commercial nonconforming lots structures and uses shall apply for a business registration in order to maintain their nonconforming status. As detailed in chapter 46, Zoning, article III, Nonconforming structures and uses.

(d)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(Ord. No. 76, § 6(2), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6; Ord. No. 522, § 2, 10-28-2021)

Sec. 46-140. - Uses.

(a)

If lawful use involving individual structures, or structures and premises in combination, exists at the effective date of adoption or amendment of terms of this chapter, the lawful use may be continued until the compliance date as established by the board of adjustment. The use must cease on that date and it may not operate thereafter unless it becomes a conforming use.

(b)

The planning and zoning commission shall, in accordance with the law, provide a compliance date for the nonconformity under a plan whereby the owner's actual investment before the time that the nonconformity was created can be amortized within a definite time period. The commission will consider the following factors in determining a reasonable amortization period:

(1)

The owners capital investment in nonconforming structures, fixed equipment and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity was created by passage of this chapter or an amendment to it.

(2)

Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

(3)

Any return on investment since inception of the use, including net income and depreciation.

(4)

The anticipated annual recovery of investment, including net income and depreciation.

(Ord. No. 76, § 6(3), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6; Ord. No. 522, § 2, 10-28-2021)

Sec. 46-141. - Continuance of nonconformities.

Until the compliance date, the nonconformity may continue so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.

(Ord. No. 76, § 6(4), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-142. - Repairs and maintenance.

Work may be done on any nonconforming structure or portion of a structure or conforming structure or portion of a structure containing a nonconforming use in any period of 12 consecutive months on repairs, including, without limitation, repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 25 percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, provided that the enclosed area existing when it became nonconforming shall not be increased.

(Ord. No. 76, § 6(5), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-143. - Conditional uses may not be classified as nonconforming uses.

Any use that is permitted as a conditional use shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(Ord. No. 76, § 6(6), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-206.- Purpose.

This zone is designed to accommodate agricultural activities and residential uses that are conducive to a rural atmosphere and to allow the use of single-family dwelling units.

Sec. 46-207. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Single-family detached dwelling on-site construction, one unit per lot. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Accessory structures and uses including garages, carports private workshop, greenhouse home occupations and other structures that are customarily incidental to the principal structures. Building materials and style will be similar to those of the primary structure.

(3)

Storage of one boat, one camper, or other recreational vehicle, shall be limited to the side or rear yard separated by at least ten feet from any property line. The raising of nursery products; and the keeping of large or small animals.

(4)

Manufactured homes of two sections (double wide) or more, which maintain the predominantly residential nature of the district. Manufactured homes will only be permitted in those subdivisions that were approved by the city prior to the year 2000, and will be subject to the following regulations. In addition to the other requirements under this section, all manufactured homes shall comply with the following standards:

Manufactured homes must be no older than eight years, measured from the date of manufacture to the date the permit application is filed with the city.

Maximum number of manufactured homes permitted per lot: one.

Minimum square footage of the manufactured home: 700 square feet and not less than ten feet in width.

The wheels, axles, and tongue of the mobile or manufactured home shall be removed prior to the tie down process.

Mobile or manufactured home undercarriages shall be skirted with permanent skirting. The skirt or apron shall be continually and properly maintained between the bottom of the unit and the ground, and obtain a certificate of completion from the zoning department.

Utility connections, foundation specifications, tie-down specifications, and all other installation requirements shall be done at time of placement in accordance with the Texas Department of Labor and Standards' (or successor agency) Texas Mobile Home Tie-Down Standards.

All manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 USC 5401, et seq.

Designated driveway area constructed of reinforced concrete, and of a size to comply with [section 46-631], off-street parking regulations.

(5)

Minor utility facilities.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 76, Amd. 1A, Amd. No. 1, § 2, 11-17-2008; Ord. No. 667, 3-20-2025)

Sec. 46-208. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Churches, hospitals, schools, and religious and philanthropic institutions provided, however, that such uses shall be located on sites of sufficient size to meet off-street parking requirements of this article and to provide setback from all property lines a distance of at least one foot for each foot of building height or yard setback minimum as set out in [section 46-238], whichever is greater;

(2)

Private or commercial kennels and veterinary hospitals;

(3)

Cemeteries and mausoleums; and

(4)

Single wide manufactured homes may be permitted in those subdivisions that were approved by the city prior to the year 2000, and will be subject to the following regulations. In addition to the other requirements under this section, all manufactured homes shall comply with the following standards:

Manufactured homes must be no older than eight years, measured from the date of manufacture to the date the permit application is filed with the city.

Maximum number of manufactured homes permitted per lot: one.

Minimum square footage of the manufactured home: 700 square feet and not less than ten feet in width.

The wheels, axles, and tongue of the mobile or manufactured home shall be removed prior to the tie down process.

All manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 USC 5401, et seq.

Designated driveway area constructed of reinforced concrete, and of a size to comply with [section 46-631], off-street parking regulations.

(5)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-209. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area: one acre.

(2)

Minimum yard setbacks:

Front: 35 feet;

Side: 15 feet;

Rear: 25 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-210. - Height limitations.

No building or structure shall exceed 35 feet in height, except that accessory objects usually required to be placed above the roof level, that do not consume more than one-third of the total roof area, and are not intended for human occupancy, may exceed this height.

Sec. 46-211. - Off-street parking requirements.

Off-street parking requirements shall be as provided in section 46-631.

Sec. 46-212. - Sign restrictions.

Sign restrictions shall be as provided in section 46-634.

Sec. 46-235.- Purpose.

The purpose of this zone is for single-family dwelling units and other uses which maintain the low-density residential nature of the district.

Sec. 46-236. - Permitted uses.

Permitted uses in this zone shall include:

(1)

One single-family dwelling unit per lot. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures.

(3)

Storage of one boat, one camper, or one other recreational vehicle, shall be limited to the side or rear yard separated by at least ten feet from any property line.

(4)

Public park, playground, or ball fields.

(5)

Private kennels.

(6)

Swimming pool. Permitted only when a protective fence, minimum five feet in height, is provided around the yard, lot, or pool area. The pool shall be no closer than five feet from any property line, and approval from all utilities is required to ensure overhead safety.

(7)

Manufactured homes must be no older than eight years, measured from the date of manufacture to the date the permit application is filed with the city.

Maximum number of manufactured homes permitted per lot: one.

Minimum square footage of the manufactured home 700 square feet and not less than ten feet in width.

The wheels, axles, and tongue of the mobile or manufactured home shall be removed prior to the tie down process.

All manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 USC 5401, et seq.

Designated driveway area constructed of reinforced concrete, and of a size to comply with [section 46-631] off-street parking regulations.

(8)

Minor utility facilities.

Sec. 46-237. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Churches, hospitals, schools, and religious and philanthropic institutions provided, however, that such uses shall be located on sites of sufficient size to meet off-street parking requirements of this article and to provide setback from all property as required of this article and to provide setback for all property lines a distance of at least one foot for each foot of building height or yard setback minimums as set out in section 46-238, whichever is greater.

(2)

Real estate sales office in connection with a specific development, allowable only as a renewable condition for six months at a time.

(3)

Recreational facility (non-profit) such as a community center, swimming pool, or tennis club.

(4)

Child care homes.

(5)

Parking of commercial vehicles provided that,

The property on which the vehicle is parked consists of a lots of one-half an acre or more in size.

No mechanical work shall be allowed at such property.

Vehicles must be parked on a concrete slab. The location of the slab cannot interfere with onsite ponding areas.

Vehicles shall not idle for more than 15 minutes at any time.

Only one vehicle may be allowed per lot. The vehicle must stay onsite and at no time, shall it be parked on the public street or right-of-way.

At no time, shall tractor trailers be allowed to be stored on a residential lot.

(6)

Maior utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-238. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

8,500 square feet [for] areas with ponding.

10,000 square feet [for] areas without public ponding.

(2)

Minimum yard setbacks:

Front: 25 feet;

Side ([interior]): five feet;

Side ([exterior]), street: ten feet;

Rear: 25 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-239. - Accessory structures.

(a)

No accessory structure, excluding fences, or walls, shall be closer to any property line than the required yard setback; however, an accessory structure may be as close as five feet to any property line.

(b)

An accessory structure shall not exceed 50 percent of the square footage of the principal structure.

Sec. 46-240. - Height requirements.

No building or structure shall exceed 35 feet in height; except, however, accessory objects usually required to be placed above the roof level and not intended for human occupancy may exceed this height.

Sec. 46-259.- Purpose.

The purpose of this zone is to provide a mixture of single-family and multifamily dwellings to a maximum density of 15 dwelling units per acre, in order to create a more urban appearance.

Sec. 46-260. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Single-family detached dwellings. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Multifamily dwellings, including, duplexes, triplexes, quadplexes, townhouses, row houses, and other dwellings with a maximum density of 15 dwelling units per acre.

(3)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures.

(4)

Public parks, playgrounds, or ball fields.

(5)

Private kennels.

(6)

Real estate sales offices in connection with a specific development, allowable only as a renewable conditional for six-months at a time.

(7)

Storage of one boat, one camper, or one other recreational vehicle shall be limited to a maximum of one per dwelling unit Storage is limited to the side or rear yard separated by at least ten feet from any property line. Any stored vehicle visible from any right-of-way shall be screened behind an opaque fence/wall of at least six feet in height.

(8)

A private swimming pool is permitted only when a protective fence four feet in height is provided around the yard, lot, or pool area. The pool shall be no closer than five feet from any property line and approval from all utilities is required to ensure safety.

(9)

Minor utility facilities.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 438, § 1, 4-5-2018; Ord. No. 543, § 1, 7-21-2022; Ord. No. 667, 3-20-2025)

Sec. 46-261. - Conditional uses (requires use permit).

Conditional uses in this zone shall include:

(1)

Child care homes, childcare group homes, and day care centers.

(2)

Schools (public, private).

(3)

Churches.

(4)

Recreational facility (nonprofit), such as a community center, swimming pool, or tennis club.

(5)

Golf course and country club.

(6)

Cemetery and mausoleums.

(7)

Nursing home assisted living facilities, and community homes.

(8)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-262. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

6,000 square feet [for] areas with ponding.

10,000 square feet [for] areas without public ponding.

(2)

Minimum yard setbacks:

Front: 20 feet;

Side ([interior]): five feet;

Side ([exterior]), street: ten feet;

Rear: 20 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-263. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the-square footage of the principal structure.

Sec. 46-324.- Purpose.

The purpose of this zone is to accommodate detached single-family manufactured and mobile home subdivision development, together with such public and semipublic buildings and facilities and accessory structures or uses as may be necessary and are compatible to maintain and protect a low-density residential character.

Sec. 46-325. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Mobile homes as provided in section 46-327.

(2)

Manufactured homes, HUD Code.

(3)

Modular homes.

(4)

Accessory uses of buildings customarily incidental to a residential area including storage buildings, and carports.

(5)

Public parks, playgrounds, ball fields.

(6)

Private kennels.

(7)

Real estate sales offices in connection with a specific development, allowable only as a renewable conditional use for six months at a time for a maximum of three years. Use shall discontinue upon completion of the development or within three years from date of original permit, whichever is sooner.

(8)

Storage of one boat, one camper, or one other recreational vehicle shall be limited to a maximum of one per dwelling unit. Storage is limited to the side or rear yard separated a by at least ten feet from any property line. Any stored vehicle visible from any right-of-way shall be screened behind an opaque fence/wall of at least six feet in height.

(9)

A swimming pool is permitted only when a protective fence four feet in height is provided around the yard, lot, or pool area. The pool shall be no closer than ten feet from any property line and approval from all utilities is required to ensure overhead safety.

(10)

Minor utility facilities.

Sec. 46-326. - Conditional uses (requires use permit).

Conditional uses in this zone shall include:

(1)

Child care center.

(2)

Cemeteries or mausoleums.

(3)

Churches.

(4)

Community building.

(5)

Golf course and country club.

(6)

Schools (private, public).

(7)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-327. - Development requirements.

Mobile and manufactured homes used as dwellings shall comply with the following standards:

(1)

Maximum number of mobile or manufactured permitted per lot: one.

(2)

Minimum square footage of the mobile or manufactured home: 500 square feet and not less than ten feet in width.

(3)

The wheels and tongue of the mobile or manufactured home shall be removed prior to the tie-down process.

(4)

Mobile or manufactured home undercarriages shall be skirted within 30 days of placement upon the lot. The skirt or apron shall be continually and properly maintained between the bottom of the unit and the ground.

(5)

Utility connections, foundation specifications, tie-down specifications, and all other installation requirements shall be done at time of placement in accordance with the state department of labor and standards' state mobile home tie-down standards.

(6)

All mobile and manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.

Sec. 46-328. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

5,000 square feet for areas with public ponding.

10,000 square feet for areas without public ponding.

(2)

Minimum yard setbacks:

Front: 15 feet;

Side: five feet;

Rear: 20 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-329. - Accessory structures.

(a)

No accessory structure, excluding fences or walls, shall be closer to any property line than the required yard setback; however, an accessory structure may be as close as five feet to any property line.

(b)

An accessory structure shall not exceed 50 percent of the square footage of the principal building.

Sec. 46-347.- Purpose.

The purpose of this zone is to provide for park development, which accommodates manufactured and mobile home units with such public and semipublic buildings and facilities and accessory structures or uses as may be necessary and are compatible with residential development.

Sec. 46-348. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Mobile homes as provided in section 46-350.

(2)

Manufactured homes, HUD Code.

(3)

Accessory uses of buildings customarily incidental to a residential area including storage buildings, and carports.

(4)

Administrative and management offices for mobile home parks.

(5)

Storage buildings related to principal structure or business related. (This does not include dry boat storage shed or workshops.)

(6)

Laundry facilities.

(7)

Club or game rooms, recreational facilities and uses intended for the use of the residents of the development and their guests.

(8)

Minor utility facilities.

Sec. 46-349. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Child care homes and day care centers.

(2)

Public and private utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

(3)

(4)

Recreational vehicle lodging facilities or campgrounds.

(5)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-350. - Development requirements.

Mobile and manufactured homes used as dwellings shall comply with the following standards:

(1)

Minimum square footage of the mobile or manufactured home: 500 square feet and not less than ten feet in width.

(2)

The wheels and tongue of the mobile or manufactured home shall be removed prior to the tie-down process.

(3)

(4)

(5)

All mobile and manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.

Sec. 46-351. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum park size: Ten acres for areas with ponding; maximum density: 12 units per acre; minimum lot area: 3,600 square feet.

(2)

Minimum setback from park boundaries at public street: 35 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

(4)

Minimum horizontal distance between mobile home/recreational vehicle:

Side to side: 20 feet;

End to end: 20 feet;

Side to end: 20 feet.

Sec. 46-352. - Accessory structures.

(a)

No accessory structure, excluding fences or walls, shall be closer than five feet.

(b)

An accessory structure shall not exceed 50 percent of the square footage of the principal building.

Sec. 46-259.- Purpose.

The purpose of this zone is to provide a mixture of single-family and multifamily dwellings to a maximum density of 15 dwelling units per acre, in order to create a more urban appearance.

Sec. 46-260. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Single-family detached dwellings. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Multifamily dwellings, including, duplexes, triplexes, quadplexes, townhouses, row houses, and other dwellings with a maximum density of 15 dwelling units per acre.

(3)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures.

(4)

Public parks, playgrounds, or ball fields.

(5)

Private kennels.

(6)

Real estate sales offices in connection with a specific development, allowable only as a renewable conditional for six-months at a time.

(7)

(8)

(9)

Minor utility facilities.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 438, § 1, 4-5-2018; Ord. No. 543, § 1, 7-21-2022; Ord. No. 667, 3-20-2025)

Sec. 46-261. - Conditional uses (requires use permit).

Conditional uses in this zone shall include:

(1)

Child care homes, childcare group homes, and day care centers.

(2)

Schools (public, private).

(3)

Churches.

(4)

Recreational facility (nonprofit), such as a community center, swimming pool, or tennis club.

(5)

Golf course and country club.

(6)

Cemetery and mausoleums.

(7)

Nursing home assisted living facilities, and community homes.

(8)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-262. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

6,000 square feet [for] areas with ponding.

10,000 square feet [for] areas without public ponding.

(2)

Minimum yard setbacks:

Front: 20 feet;

Side ([interior]): five feet;

Side ([exterior]), street: ten feet;

Rear: 20 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-263. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the-square footage of the principal structure.

Sec. 46-378.- Purpose.

The neighborhood commercial district is intended to permit a limited mixture of residential and retail commercial activities. This district establishes and preserves areas for those commercial facilities which are essentially useful in close proximity to residential areas, while minimizing the undesirable impact of such commercial uses on the neighborhoods which they service.

Sec. 46-379. - Permitted uses.

Permitted uses in this zone shall include:

(1)

One accessory dwelling per business.

(2)

Filling or service stations (including food stores) occupying no more than 3,000 square feet.

(3)

Specialty shops (antiques, art objects and supplies, books, cameras and photo supplies, candy, gift, greeting cards, framing, coins, stationary, tobacco, and pharmacies).

(4)

Personal service shops (interior decorating, watch and jewelry repair, art gallery, museum, photography, dance or fine art).

(5)

Churches, day care centers, childcare group homes, community homes, group homes, and hospices.

(6)

Veterinary clinics of up to 3,000 square feet floor space excluding overnight boarding of animals.

(7)

Public building, fire stations, government offices and public libraries.

(8)

Any other neighborhood office, retail, service, or commercial use occupying no more than 3,000 square feet, except adult businesses.

(9)

Minor utility facilities.

Sec. 46-380. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Office and retail uses that are over 3,000 square feet, but less than 10,000 square feet.

(2)

Public, private, or vocational schools.

(3)

Commercial kennels.

(4)

Child care institutions, nursing homes, and halfway houses.

(5)

Water wells, storage, or pumping facilities.

(6)

Major utility facilities utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-381. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

5,000 square feet for areas with public ponding.

10,000 square feet for areas without public ponding.

(2)

Minimum yards required: where the site faces or abuts a residential zone, the setback requirements of the residential zone apply, otherwise the following shall apply:

Front: 15 feet;

Rear: 15 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-382. - Height requirements.

The height requirements for this zone are the same as in the R-3 zone.

Sec. 46-383. - Off-street parking.

Requirements shall be as provided in section 46-631. No loading or unloading is to be conducted in a public street.

Sec. 46-384. - Signs.

Signs shall be limited as provided in section 46-634.

Sec. 46-412.- Purpose.

The purpose of this zone is to allow those commercial activities that serve the general community on a day-to-day basis.

Sec. 46-413. - Permitted uses.

Permitted uses in this zone shall include:

(1)

All retail sales of goods and services conducted entirely within a building as well as the incidental display of merchandise wholly under a permanent part of a main building, such as a marquee.

(2)

Movie theaters, bowling alleys and skating rinks; pool tables allowed as an accessory and secondary use to such permitted uses.

(3)

Churches, post offices, fire stations, libraries and public buildings.

(4)

Offices.

(5)

Commercial kennels and veterinary clinics.

(6)

Cafes, restaurants, cafeterias, and drive through eating establishments.

(7)

Clubs and lodges without alcoholic beverages sale to members or the public.

(8)

Child care institutions, day care centers, nursing homes, and halfway houses.

(9)

Service establishments, including filling or service stations.

(10)

Ambulance service with or without outdoor storage of ambulances.

(11)

Spas, health studios or fitness centers, without outdoor activities.

(12)

Minor utility facilities.

Sec. 46-414. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Shopping centers and shopping malls and all other commercial, office, retail and service uses requiring over 50,000 square feet.

(2)

Adult businesses, provided that:

No such businesses shall be located within 1,500 feet of the nearest point of a lot on which is located a religious and/or educational institution, a public park or recreation facility.

No such business shall be located within 1,500 feet of any lot within any residential zone.

No such business shall operate between the hours of 2:00 a.m. and 9:00 a.m.

(3)

Amusement parks.

(4)

Hospitals.

(5)

Colleges and universities.

(6)

Motor vehicle body shops, parts manufacturing, repair and maintenance facilities, provided that:

All body and fender repairing must be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress.

No spray painting may be done except in a completely enclosed spray booth especially designed for that purpose.

All other auto repairing, etc., must be conducted within a building enclosed on at least three sides.

Service stations primarily for automobiles and petroleum gas for consumption but not for resale and including lubricating, minor repairs and associated activities that are conducted within a completely enclosed building. A solid wall or fence at least six feet high shall be erected between the activity and any abutting or contiguous residential zone, or other buffer as may be required by the planning and zoning commission.

Garage for automotive repair and painting provided it complies with the following:

All activities shall be conducted within a completely enclosed building.

Storage of not more than five inoperable automobiles intended for repair, owned by customers only, provided that the outdoor area in which such cars are stored shall be enclosed by a solid wall or fence at least six feet high.

Shopping centers and malls. Applications for conditional use shall be submitted according to the following requirements:

An applicant shall submit a general development plat for the shopping center including drawings showing the approximate location of proposed buildings; lighting control; protective screening; landscaping; the general design of pedestrian and vehicular entrance, and circulation; and the general design or parking, loading, and traffic handling facilities and methods.

The general development plan shall be accompanied by parking and traffic-engineering plan designed to accept traffic-engineering practices and laid out so as to be an integral part of the center development. Pick-up or unloading points must be designed so those vehicles stopped for this purpose do not create congestion on abutting public ways. No loading or unloading is to be conducted in a public street.

Upon approval, the applicant is responsible for payment of cost for the necessary channelization, shelter, and vehicular turning movements into the shopping center or shopping center site. These responsibilities shall be reduced to written enforceable agreement and agreed upon between the applicant and the city at the time of approval of the general development plan.

(7)

Major utility facilities utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 437, § 2, 3-15-2018; Ord. No. 618, 6-20-2024; Ord. No. 667, 3-20-2025)

Sec. 46-415. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area: buffer zones may be required by the planning and zoning commission.

(2)

Minimum yards required: yard requirements shall meet the minimum setbacks of the adjacent zones.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-416. - Height restrictions.

No building or structure shall exceed 45 feet in height, except that accessory objects which are usually required to be placed above the roof level, that do not consume more than one-third of the total roof area, and are not intended for human occupancy, may exceed this height.

Sec. 46-417. - Off-street parking.

Requirements shall be as provided in section 46-631.

Sec. 46-418. - Sign limitations.

Sign limitations shall be as provided in section 46-634.

Sec. 46-450.- Purpose.

The Industrial/Commercial Mixed-Use Development ("IC-MUD") Overlay District is intended to provide for greater flexibility and discretion in the more integrated development of commercial, industrial, and institutional uses and combinations of such uses. The IC-MUD district is intended to provide for a more unified plan for land parcels and more effective mitigation of potentially adverse impacts than is possible under conventional district regulations. Use of the IC-MUD district is also to encourage conservation of open space.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-451. - General regulations.

(a)

Area requirements. Each IC-MUD district shall be at least ten acres in size.

(b)

Coverage area.

(1)

The city council may restrict the square footage or land-use to be covered by a primary and/or accessory building.

(2)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet.

Minor arterials: 55 feet.

Major arterials: 60 feet.

(c)

Permitted uses.

(1)

Wholesale and distributing facilities.

(2)

Enclosed manufacturing, compounding, assembling, or treatment of articles.

(3)

Public, private, and vocational schools, colleges, and universities.

(4)

Public or private utility facilities.

(5)

Hospitals.

(6)

Amusement parks.

(7)

Service stations primarily for automobiles and petroleum gas for consumption but not for resale.

(8)

Shopping centers and shopping malls and all other commercial, office, retail, and services.

(9)

One accessory building per lot for physical security monitoring.

(10)

All uses listed in C-1 Neighborhood Commercial and C-2 General Commercial Districts except conditional uses not explicitly identified in this section.

(d)

Height requirements. Maximum heights of any building or structure shall be 45 feet.

(e)

Off-street parking requirements shall be as provided in section 46-631.

No loading or unloading is to be conducted on public rights-of-way.

(f)

Signs. Sign limitations shall be as provided in section 46-634.

(g)

Compatibility.

(1)

The IC-MUD does not contemplate or authorize salvage yards, recycling businesses or vehicle storage facilities.

(2)

No IC-MUD shall be approved by the city council until it has been determined that the planned use is compatible with the area that it will affect.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-452. - Procedures.

(a)

A concept plan shall be submitted to the building official for purpose of general review and discussion prior to submitting the development plan. The concept plan shall contain the following information:

(1)

Description of the general land configuration.

(2)

Proposed densities and lot sizes.

(3)

Proposed amenities.

(4)

Proposed area design regulations.

(b)

Prior to consideration of any planned development, an application must be filed with the city's building official of the planning and zoning department accompanied by a development plan.

(c)

A development plan shall include the following information:

(1)

Abutting sites and all public and private rights-of-way and easements.

(2)

The location and type of all existing and planned structures on the site.

(3)

Height of all structures.

(4)

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of residential structures.

(5)

The location of all on-site and proposed facilities for liquid and solid waste disposal.

(6)

The location of all off-street parking and loading facilities and location of lighting for the same.

(7)

The location and detail of all walls, fences, screening and landscaping, including existing and proposed tree lines. Shipping containers shall not be permissible as walls, fences, screening.

(8)

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided.

(9)

The location of all dumpsters.

(10)

The location of all fire hydrants.

(11)

The location of stormwater facilities.

(12)

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials.

(13)

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television.

(14)

The location of all signs.

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion shall accompany the application.

(e)

The procedure for hearing a request for a zoning change to IC-MUD shall be the same as for a requested change in any other district.

(f)

Any revision to a development plan between the public hearing before the planning and zoning commission and the public hearing before the city council, shall necessitate the development plan being referred back to the planning and zoning commission for review and evaluation unless the revision is a minor change in accordance with the list in subsection (g) of this section or the city council orders otherwise.

(g)

Minor changes in the development may be authorized by the building official when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the overall character of the development.

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot.

(3)

An increase in the intensity of use.

(4)

A reduction in the originally approved separations between buildings.

(5)

Any adverse changes in traffic circulation, safety, drainage and utilities.

(6)

Any adverse changes in such external effects on adjacent property as noise, heat, light, glare, vibration, height or proximity.

(7)

A reduction in the originally approved setbacks from property lines.

(8)

An increase in ground coverage by structures.

(9)

A reduction in the ratio of off-street parking and loading space.

(10)

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated in subsection (g) of this section, shall be processed as new application in accordance with the provision of this section.

(i)

Provision for public, private, and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the development plan.

(j)

A traffic impact analysis is required.

(k)

A development plan shall expire two years from the date of final city council approval unless any part of the planned development has already obtained a certificate of occupancy for the use of the property as described in the plan.

(l)

Industrial/Commercial Mix-Use Development zoning shall be revoked if:

(1)

Approval of the development was obtained by fraud or deception; or

(2)

One or more of the conditions set by the city council has not been met or has been violated.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-453. - Building official.

The building official shall have the authority to waive or modify the requirements of this division when in the interest of the city.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-513.- Purpose.

The purpose of this zone is to permit only those uses which require special consideration because of their unusual nature, dimensions, effect on surrounding property, or other similar reason. The boundaries of this zone shall be determined only on a case-by-case basis following the procedures of an amendment as provided in this chapter. Supplementary regulations and special conditions may be imposed by the city council upon recommendations by the planning and zoning commission. The city council may not grant a zone change for special use without a public hearing and unless adequate conditions and safeguards in the opinion of the city council have been made:

(1)

To ensure that the degree of compatibility of property uses shall be maintained with respect to the special use and the surrounding uses of property in the general area;

(2)

To preserve the integrity and character of the zone in which the use will be located, and the utility and value of property in the special use zone and in the adjacent zones; and

(3)

To ensure that the use will not be or become detrimental to the public interest, health, safety, or general welfare.

Procedures.

An application for a change to SU-1 zoning must state the proposed use and must be accompanied by a plot plan showing the location and dimensions of the property.

A certification copy of the approved development plan shall be placed on file with the city clerk.

Special uses.

Airport or heliport.

Amusement park of a permanent character.

Cemetery, including, mausoleum, or crematory, provided the site contains at least five acres.

Condominiums.

Correction, detention, or penal institution.

Golf course.

Public buildings, structures, and facilities owned or operated by a political subdivision of the state.

Race track.

Shopping centers.

10.

Stadium.

11.

Townhouses.

12.

Travel trailer court or recreational vehicle campground facilities shall not be in conflict with the regulations established by the city and the city/health department concerning water and sewage treatment facilities. Travel trailer courts or recreational vehicle campgrounds are subject to the following requirements:

(i)

The minimum park size shall be two acres.

(ii)

The site shall be graded, drained, and free of rubbish and litter.

(iii)

The site shall have a wall, fence, or planted area six feet in height that screens the site from adjoining areas.

13.

Minor utility facilities.

Sec. 46-514. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Communications towers and related facilities, which shall be subject to adequate safeguards and conditions regarding structure and appearance of structure as may be required, including, camouflage or design of the appearance of the structure and total height of structure. All such communications tower structures shall be subject to the following minimum conditions:

An annual special permit requiring annual inspections of the structure with an annual permit fee that shall be established and periodically adjusted by resolution of the city council.

Owner must maintain general liability insurance covering the structure and property with limits of at least $2,000,000.00 and provide proof of insurance as part of annual inspection.

City may require tower to be designed to accept additional server facilities to provide maximize coverage and reduce the number of towers needed for service within the city.

City may require the design of the tower to blend in with the neighborhood vegetation or structures.

City may impose limits upon the height of the tower.

City may require fencing and landscaping of the tower area.

(2)

Water, solid waste, and wastewater facilities, associated structures, and places of discharge, owned or operated by a state political subdivision, the jurisdiction and boundaries of which do not encompass the city. These uses shall be subject to appropriate safeguards and conditions as to materials being discharged and the method, volume of materials being discharged, and the protection of the health and welfare of the citizens of city.

(3)

Commercial billboards located along interstate highways and state highways subject to adequate safeguards and conditions regarding structure and construction of structure including the requirement of a monopole design. All such structures shall require a special permit providing for an annual inspection with an annual permit fee that shall be established and periodically adjusted by resolution of the city council.

(4)

Major utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-537.- Purpose.

The purpose of the Floodplain and Floodplain Overlay District is to protect persons and property from periodic flooding and to enable the city to participate in the National Flood Insurance Program.

Sec. 46-538. - Establishment of overlay district.

The floodplain and floodway district is hereby established as an "overlay" district, meaning that the district is overlaid upon the other districts and the land so encumbered may be used in a manner permitted in the underlying district only if such use is also permitted in the applicable overlay district. For any property in an overlay district, then the regulation of both the overlay district and the underlying zoning district apply. In the case of conflict between the regulation of the underlying and overlay district, the most restrictive regulation takes precedence.

Sec. 46-539. - Permitted uses within floodways.

No permit to make use of land within a floodway may be issued unless the proposed used is allowed in the underlying district and in the following:

(1)

General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses.

(2)

Lawns, gardens, play areas, and other similar uses.

(3)

Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space, and other similar private and public recreational uses.

(4)

No artificial obstruction may be located within any floodway.

Sec. 46-540. - Construction restrictions.

(a)

No building permit may be issued for any development within a floodplain until the building official has reviewed the plans for any such development to ensure that:

(1)

The proposed development is consistent with the need to minimize flood damage.

(2)

All public utilities and facilities such as sewer, gas electrical, and water systems are located and constructed to minimize or eliminate flood damage.

(3)

Adequate drainage is provided to minimize or reduce exposure to flood hazards.

(4)

All necessary permits have been received from those agencies from which approval is required by federal or state law.

(5)

No structure may be constructed and no substantial improvement of an existing structure may take place within any floodway.

(6)

No structure may be constructed and no substantial improvement of a building may take place within any floodplain unless the lower floor (including basement) of the building or improvement is elevated to or above two feet above the base flood elevation. Residential accessory structures will be allowed within floodplains provided they are firmly anchored to prevent flotation.

(b)

No mobile home may be located or relocated in a floodplain unless its lot or pad is elevated on compacted fill or by any other method approved by the administrator so that the lowest habitable floor of the mobile home is at or above two feet above the base flood elevation.

(c)

Load-bearing foundation supports such as piers or pilings are placed on stable soil or concrete footings no more than ten feet apart (if the support height is greater than 72 inches, the support must contain steel reinforcement). Whenever any portion of a floodplain is filled in with dirt, slopes will be adequately stabilized to withstand the erosive force of the base flood. If slopes are greater than one vertical to 1.5 horizontal, they will be reinforce with concrete or other wise reinforced to provide concrete-like stability.

Sec. 46-559.- Purpose.

The Planned Unit Development ("PUD") Overlay District is intended to provide for greater flexibility and discretion in the more integrated development of residential, commercial, industrial, and institutional uses, and combinations of such uses. The PUD district is intended to provide for a more unified plan for land parcels and more effective mitigation of potentially adverse impacts than is possible under conventional district regulations. Use of the PUD district is also to encourage conservation of open space. The property may be designated as PUD only in combination with another district such as PUD-Com (Planned Unit Development-Commercial or PUD-Res (Planned Unit Development-Residential). This would provide for the efficient development of large tracts for multiple uses.

Sec. 46-560. - General regulations.

(a)

Area requirements. Each PUD district shall be at least five acres in size.

(b)

Maximum coverage. No more than 50 percent of the site shall be covered by primary or accessory buildings. Of the 50 percent, no more than 40 percent shall be for residential, no more than 20 percent for commercial and no more than ten percent for industrial uses.

(c)

Compatibility. No PUD shall be approved by the city council until it has been determined that the planned use is compatible with the area that it will affect.

Sec. 46-561. - Procedures.

(a)

A concept plan may be submitted to the building official for purpose of general review and discussion prior to submitting the development plan. The concept plan shall contain the following information:

(1)

Description of the general land configuration.

(2)

Proposed densities and lot sizes.

(3)

Proposed amenities.

(4)

Proposed area design regulations.

(b)

Prior to consideration of any planned development, an application must be filed with the city's building official of the planning and zoning department accompanied by a development plan.

(c)

A development plan shall include the following information:

(1)

Abutting sites and all public and private rights-of-way and easements.

(2)

The location and type of all existing and planned structures on the site.

(3)

Height of all structures.

(4)

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of residential structures.

(5)

The location of all on-site and proposed facilities for liquid and solid waste disposal.

(6)

The location of all off-street parking and loading facilities and location of lighting for the same.

(7)

The location and detail of all walls, fences, screening and landscaping, including existing and proposed tree lines.

(8)

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided.

(9)

The location of all dumpsters.

(10)

The location of all fire hydrants.

(11)

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials.

(12)

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television.

(13)

The location of all signs.

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion will accompany the application.

(e)

The procedure for hearing a request for a zoning change to PUD shall be the same as for a requested change in any other district.

(f)

Any revision to a development plan, between the public hearing before the planning and zoning commission and the public hearing before the city council, shall necessitate the development plan being referred back to the planning and zoning commission for review and evaluation unless the revision is a minor change in accordance with the list in subsection (g) of this section.

(g)

Minor changes in the character of the development may be authorized by the enforcing officer when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the character of the development.

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot.

(3)

An increase in the intensity of use.

(4)

A reduction in the originally approved separations between buildings.

(5)

Any adverse changes in traffic circulation, safety, drainage and utilities.

(6)

Any adverse changes in such external effects on adjacent property as noise, heat, light, glare, vibration, height or proximity.

(7)

A reduction in the originally approved setbacks from property lines.

(8)

An increase in ground coverage by structures.

(9)

A reduction in the ratio of off-street parking and loading space.

(10)

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated in subsection (g) of this section, shall be processed as new application in accordance with the provision of this section.

(i)

Provision for public, private and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the development plan.

(j)

A development plan shall expire five years from the date of final city council approval unless any part of the planned development has already obtained a certificate of occupancy for the use of the property as described in the plan.

(k)

Planned unit development zoning shall be revoked if:

(1)

Approval of the development was obtained by fraud or deception; or

(2)

One or more of the conditions set by the council has not been met or has been violated.

Sec. 46-586.- Policy.

The city mission is connected to the El Paso Mission Trail Historical Area, the protection of which is allowed by V.T.C.A., Local Government Code § 231.172. The city council realizes the importance of preserving this historical area as well as other historical places in the city. The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic places are a public necessity.

Sec. 46-587. - Purpose.

The purpose of this division is to promote the public health, safety and general welfare, and:

(1)

To protect, enhance and perpetuate places and areas which represent distinctive and important elements of the city's historical, cultural, archeological, political and architectural history.

(2)

To promote tourism and strengthen the economy of the city.

(3)

To foster civic pride and promote the enjoyment and use of historic resources by the city's residents.

(4)

To preserve and enhance the beauty of historic areas; and to provide for new development in historic districts that is consistent with the existing historic structures.

Sec. 46-588. - Initiation of review.

After determining that there is considerable interest among its membership or citizenry in designating a place or area as an historic district, the city council shall vote on whether or not to initiate a review to consider establishment of an historic overlay district. During this review period, which shall not last longer than 60 day, no building permit shall be issued for proposed work to the exterior of the affected properties nor shall the affected properties be demolished or removed. The city council shall provide notice and conduct public hearings as provided in these regulations to consider the historical overlay district designation.

Sec. 46-589. - Criteria for establishment of districts.

The city council may consult with experts in deciding whether to establish a historic overlay district. In making such decision, the city council shall consider if the place or area has one or more of the following characteristics:

(1)

Recognition as a recorded state historic landmark, a National Historic Landmark, or entry on the National Register of Historic Places;

(2)

Location as the site of a significant historic event;

(3)

Identification with persons who significantly contributed to the culture and development of the city or country;

(4)

Embodiment of elements of architectural design, detail, materials, or craftsmanship that represent a significant architectural innovation;

(5)

Exemplification of the cultural, economic, social, or historical heritage of the city, or country;

(6)

Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

(7)

Embodiment of distinguishing characteristics of an architectural type of specimen;

(8)

Identification as the work of an architect or master builder whose individual work has influence the development of the city;

(9)

Relationship to other historic places or areas;

(10)

Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; and

(11)

Value as an aspect of community sentiment or public pride.

Sec. 46-590. - Establishment of districts.

(a)

After notice and public hearing as required by law, the city council may establish a historic overlay district to preserve places and areas of historical, architectural, archeological, or cultural importance or value. These places and areas will be designated by "H" on the official zoning map. At the time of establishing a specific historic district, the city council may impose additional regulations upon the district to preserve its historic value and fulfill any other purposes of the district.

(b)

An overlay district is "overlaid" upon other districts, and the land so encumbered may be used in a manner permitted in the underlying district only if such use is also permitted in the applicable overlay district. For any property in an overlay district, the regulations of both the overlay district and the underlying zoning district apply. In the case of conflict between the regulations of the underlying and overlay district, the most restrictive regulation takes precedence.

Sec. 46-591. - Certificate of appropriateness.

(a)

The building official shall issue no building permit for proposed work to the exterior of a structure in a historic overlay district or for new construction in a historic overlay district unless the historic landmark commission has issued a certificate of appropriateness to the property owner.

(b)

When applying for such a permit, the applicant shall forward two copies of all detailed plans, elevations, perspectives, specifications and other documents pertaining to the work to the building official, who shall forward one copy to the historic landmark commission within five days of receipt thereof.

(c)

Upon review of the application, the historic landmark commission shall determine, based on guidelines set by the city council, whether the proposed work is of a nature which will adversely affect any historic structure, and whether such work is appropriate and consistent with the spirit and intent of this section and the ordinance establishing the historic overlay district. The historic landmark commission shall deny or approve a certificate of appropriateness and forward such action to the building official within 30 days of receiving the application. The building official shall immediately notify the applicant of the historic landmark commission's action. Upon request of the property owner, the city council may elect to entertain an appeal of the decision. In such case, upon appropriate notice being given and a public hearing being held, the city council may elect to uphold the denial of a certificate of appropriateness or overturn it.

Sec. 46-592. - Demolition or removal.

If the building official receives an application for demolition or removal of any structure in a historic overlay district, the historic landmark commission shall hold a hearing within 30 days after the application is filed. The historic landmark commission shall hear all interested parties. The historic landmark commission shall consider the state of repair of the structure, the reasonableness of the cost of restoration or repair, taking into account the purpose of preserving the historic structure, the character of the historic area, and all other factors that it finds appropriate. Based on these factors, the historic landmark commission may determine that, in the interest of preserving historical value, the structure should not be demolished, and in that event, the application shall be denied. Upon request of the property owner, the city council may elect to entertain an appeal of the decision. In such case, upon appropriate notice being given and a public hearing being held, the city council may elect to uphold the application denial or overturn it.

Sec. 46-593. - Penalties.

(a)

It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, or maintain any structure in a historic overlay district in violation of the provisions of this section. In addition to other remedies, the city may institute any appropriate action or proceedings to prevent such unlawful action.

(b)

Any person who violates any provision of this section shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable by a fine in accordance with the provisions of section 1-15..

Sec. 46-601.- Purpose.

The general mixed use (GMU) district is intended to provide for greater flexibility and discretion in the more integrated development of residential, neighborhood commercial, and institutional uses and combinations of such uses. The GMU district is intended to provide for a more unified plan for land parcels and provide flexibility to enhance and preserve the city's historic and rural characters.

(Ord. No. 554, 11-3-2022)

Sec. 46-602. - General design principles.

(a)

General design principles. These design principles shall serve as guidelines and compliance with any guideline within a mixed-use development shall be determined on a case-by-case basis as part of the master zoning plan approval. A GMU development shall meet one or more of these design principles.

(1)

That the development strategy encourages infill and redevelopment within existing neighborhoods.

(2)

That a mixture of housing types and densities be distributed throughout the GMU development.

(3)

That natural open space and agricultural lands be preserved as part of the development.

(4)

That ordinary activity of daily living occurs within walking distance of most dwellings.

(5)

That civic, institutional and commercial activity be embedded, and not isolated, in the development.

(6)

That open spaces including parks, squares, and playgrounds be included within the development.

(7)

That buildings and landscaping contribute to the physical definition of the development.

(8)

That architecture and landscape design grow from local climate, topography, and local history.

(9)

That the preservation and renewal of historic buildings be facilitated.

(b)

General design elements. A GMU is characterized by any combination of the design elements described below. These design elements shall serve as guidelines and compliance with any design element within a mixed-use development shall be determined on a case-by-case basis as part of the master zoning plan approval. A GMU development shall meet one or more of these design principles.

(1)

A mixture of housing types, jobs, shopping, services, and public facilities shall be incorporated into the development.

(2)

Residences, shops, workplaces, and other buildings interwoven within the development, all within close proximity.

(3)

Natural features and undisturbed areas that are incorporated into the open space of the development.

(4)

Well-configured squares, plazas, greens, landscaped streets, preserves, greenbelts, or parks dedicated to the collective social activity, recreation, and visual enjoyment of the neighborhood.

(5)

Buildings, spaces, and other features that act as landmarks, symbols, and focal points for community identity.

(6)

Parking, parking lots, and vehicular access shall be subordinate to the design and shall not be the focal point of any development.

(7)

Compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character and landscaping to establish a livable and harmonious environment.

(8)

Human-scale design of buildings, streets, corridors, and other public spaces is incorporated within the development.

(Ord. No. 554, 11-3-2022)

Sec. 46-603. - General regulations.

(a)

Area requirements. Defined by master zoning plan.

(b)

Setbacks. Properties within GMU development shall be defined by the master zoning plan, unless otherwise required by the city council as part of the review of the master zoning plan.

(c)

Permitted uses. Uses permitted in a GMU development are as approved by city council through a master zoning plan. A GMU may be authorized to encourage use schemes such as, but not limited to, residential, neighborhood commercial, office, civic, and institutional uses. In no instance shall a mixed-use development contain only one type of land use. City council can include uses not listed below as part of the master zoning plan.

(1)

Single-family residential.

(2)

Multifamily dwellings, including, duplexes, triplexes, quadplexes, townhouses, row houses, and other dwellings with a maximum density of 15 dwelling units per acre.

(3)

Accessory structures and uses including garages, carports, private workshop, greenhouses, and other structures that are customarily incidental to the principled structures.

(4)

Public park, playground, or ball field.

(5)

Swimming pool. Permitted only when a protective fence, minimum five feet in height, is provided around the yard, lot or pool area.

(6)

Churches, clinics, schools, and religious and philanthropic institutions.

(7)

Food establishments including restaurants, cafes, coffee shops, bodegas, and food trucks.

(8)

Specialty shops (antiques, art objects and supplies, books, cameras and photo supplies, candy, gift, greeting cards, framing, coins, stationary, tobacco, and pharmacies).

(9)

Personal service shops (interior decorating, watch and jewelry repair, art gallery, museum, photography, dance or fine art).

(10)

Veterinary clinics of up to 3,000 square feet floor space excluding overnight boarding of animals.

(11)

Public building, fire stations, government offices and public libraries.

(12)

Any other neighborhood office, retail, service, or commercial use occupying no more than 3,000 square feet.

(d)

Height requirements. Maximum heights of any building or structure shall be 35 feet.

(e)

Off-street parking requirements shall be as determined by the master zoning plan. No loading or unloading is to be conducted on public rights-of-way.

(f)

Signs. Sign shall be as determined by the master zoning plan.

(g)

Compatibility.

(1)

The GMU does not contemplate or authorize salvage yards, recycling businesses, vehicle storage facilities, auto-oriented businesses, regional commercial, large scale manufacturing, warehousing or industrial uses.

(2)

No GMU shall be approved by the city council until it has been determined that the planned uses are compatible with the area that it will affect.

(Ord. No. 554, 11-3-2022)

Sec. 46-604. - Procedures.

Master Zoning Plan (MZP).

(a)

As part of any zoning application for a GMU, a master zoning plan shall be required and shall accompany the rezoning application. The MZP shall provide sufficient details necessary about the proposed land uses and proposed development so that the Socorro City Council may determine their compatibility within the proposed district and the impact on the adjacent properties.

(b)

The master zoning plan shall include the following information:

(1)

Legal description of area proposed to be developed or metes and bounds description;

(2)

Total acreage as depicted on a survey;

(3)

Building footprints and layout of each proposed land use, labeled and color coded as per the city's zoning map;

(4)

Maximum proposed total number of dwelling units for all residential land uses combined;

(5)

Maximum proposed total floor area for all nonresidential land uses combined, expressed in square feet.

(6)

Abutting sites and all public and private rights-of-way and easements.

(7)

Height of all structures.

(8)

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of all structures.

(9)

The location of all off-street parking and loading facilities and location of lighting for the same, numbered and labeled.

(10)

The location and detail of all walls, fences, screening and landscaping, including existing and proposed tree lines. Shipping containers shall not be permissible as walls, fences, screening.

(11)

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided.

(12)

The location of all dumpsters.

(11)

The location of all fire hydrants.

(13)

The location of stormwater facilities.

(14)

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials.

(15)

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television.

(16)

The location of all signs and sign design by type and size.

(17)

A table or list depicting the proposed land use type, park, open space, trail and school site (as applicable).

(c)

A written report shall accompany the MZP that describes the purpose, characteristics, components and timing of the proposed mix of land uses within the development, and includes a general statement of how the development relates to the general design principles. A detailed description shall be required for each proposed land use, identifying the permissible uses.

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion shall accompany the application.

(e)

The procedure for hearing a request for a zoning change to GMU shall be the same as for a requested change in any other district.

(f)

Any revision to a master zoning plan between the public hearing before the planning and zoning commission and the public hearing before the city council, shall necessitate the MZP being referred back to the planning and zoning commission for review and evaluation unless the revision is a minor change in accordance with the list in subsection (g) of this section or the city council orders otherwise.

(g)

Minor changes in the development may be authorized by the city planner when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the overall character of the development.

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot.

(3)

An increase in the intensity of use.

(4)

A reduction in the originally approved separations between buildings.

(5)

Any adverse changes in traffic circulation, safety, drainage and utilities.

(6)

Any adverse changes in such external effects on adjacent property as noise, heat, light, glare, vibration, height or proximity.

(7)

A reduction in the originally approved setbacks from property lines.

(8)

An increase in ground coverage by structures.

(9)

A reduction in the ratio of off-street parking and loading space.

(10)

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated in subsection (g) of this section, shall be processed as new application in accordance with the provision of this section.

(i)

Provision for public, private, and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the MZP.

(j)

A traffic impact analysis may be required.

(k)

An MZP shall expire two years from the date of final city council approval unless any part of the mixed use development has already obtained a certificate of occupancy for the use of the property as described in the plan.

(l)

General mixed used development zoning shall be revoked if:

(1)

Approval of the development was obtained by fraud or deception; or

(2)

One or more of the conditions set by the city council has not been met or has been violated.

(Ord. No. 554, 11-3-2022)

Sec. 46-605. - City planner.

The city planner shall have the authority to waive or modify the requirements of this division when in the interest of the city.

(Ord. No. 554, 11-3-2022)

Socorro City Zoning Code

ARTICLE IV

- DISTRICT REGULATIONS

DIVISION 5. - RESERVED[3]

Footnotes:

--- (3) ---

DIVISION 11. - RESERVED[4]

Footnotes:

--- (4) ---

DIVISION 16. - GMU - GENERAL MIXED USE DISTRICT[5]

Footnotes:

--- (5) ---

Sec. 46-170.- Regulations are minimum mandatory requirements.

(a)

(b)

No building or other structure shall hereafter be erected or altered:

(1)

To exceed the height or bulk.

(2)

To accommodate or house a greater number of families.

(3)

To occupy a greater percentage of lot area.

(4)

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-171. - Official zoning map.

(a)

(b)

(c)

(d)

(e)

(Ord. No. 76, § 1, 5-1-1989; Ord. of 11-7-2002, § 1; Ord. of 11-17-2008; Ord. No. 467, § 15, 6-6-2019; Ord. No. 650, 11-7-2024)

Sec. 46-172. - Districts established.

(a)

(b)

City zoning districts are established as follows:

(1)

RE Rural Estate District.

(2)

R-1 Single-Family Residential District.

(3)

R-2 Medium Density Residential District.

(4)

Reserved.

(5)

RM-1 Mobile Home Subdivision District.

(6)

RM-2 Residential Mobile Home Park District.

(7)

C-1 Neighborhood Commercial (Light Commercial) District.

(8)

C-2 General Commercial District.

(9)

IC MUD Industrial/Commercial Mixed-Use Development.

(10)

Reserved.

(11)

SU-1 Special Use Zone.

(12)

FP Floodplain and Floodway Overlay District.

(13)

PUD Planned Unit Development.

(14)

HP Historic Preservation District.

(c)

The boundaries of the zone districts are hereby established as shown on the official zoning map.

(d)

Abutting zone districts along frontage on a public right-of-way shall automatically extend to the centerline upon vacation from public use of the right-of-way.

(Ord. No. 76, § 7, 5-1-1989; Ord. of 11-7-2002, § 7; Ord. No. 412, § 2, 7-6-2017; Ord. No. 458, §§ 3, 4, 3-21-2019; Ord. No. 490, § 2, 7-2-2020)

Sec. 46-173. - Rules for interpretation of uncertain boundaries.

(a)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries shall be construed as the centerline of existing, future, or vacated streets, highways, railroads, alleys, or irrigation canals or other public rights-of-way.

(2)

Where property has been subdivided into block and lot, the boundaries shall be construed to be the lot line.

(3)

Where property is not otherwise designated, divided, or subdivided, the boundary line shall be determined by the scaled distance shown on the official zoning district map.

(4)

(b)

(Ord. No. 76, § 2, 5-1-1989; Ord. of 11-7-2002, § 2; Ord. No. 522, § 2, 10-28-2021)

Sec. 46-174. - Space required for compliance may not be shared by multiple buildings.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-175. - Reduction of yard and lot size prohibited.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-176. - Annexed properties.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-137.- Defined; policy, purpose and intent.

(a)

(b)

(Ord. No. 76, § 6(1), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-138. - Construction in progress.

(a)

(b)

(Ord. No. 76, § 6(1), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-139. - Lots of record.

(a)

(b)

Variance of area requirements shall be obtained only through action of the planning and zoning commission

(c)

(d)

(Ord. No. 76, § 6(2), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6; Ord. No. 522, § 2, 10-28-2021)

Sec. 46-140. - Uses.

(a)

(b)

(1)

(2)

Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

(3)

Any return on investment since inception of the use, including net income and depreciation.

(4)

The anticipated annual recovery of investment, including net income and depreciation.

(Ord. No. 76, § 6(3), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6; Ord. No. 522, § 2, 10-28-2021)

Sec. 46-141. - Continuance of nonconformities.

Until the compliance date, the nonconformity may continue so long as it remains otherwise lawful, subject to the following provisions:

(1)

(2)

(3)

(4)

(5)

(Ord. No. 76, § 6(4), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-142. - Repairs and maintenance.

(Ord. No. 76, § 6(5), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-143. - Conditional uses may not be classified as nonconforming uses.

Any use that is permitted as a conditional use shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(Ord. No. 76, § 6(6), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-206.- Purpose.

This zone is designed to accommodate agricultural activities and residential uses that are conducive to a rural atmosphere and to allow the use of single-family dwelling units.

Sec. 46-207. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Single-family detached dwelling on-site construction, one unit per lot. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

(3)

(4)

Manufactured homes must be no older than eight years, measured from the date of manufacture to the date the permit application is filed with the city.

Maximum number of manufactured homes permitted per lot: one.

Minimum square footage of the manufactured home: 700 square feet and not less than ten feet in width.

The wheels, axles, and tongue of the mobile or manufactured home shall be removed prior to the tie down process.

All manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 USC 5401, et seq.

Designated driveway area constructed of reinforced concrete, and of a size to comply with [section 46-631], off-street parking regulations.

(5)

Minor utility facilities.

Sec. 46-208. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

(2)

Private or commercial kennels and veterinary hospitals;

(3)

Cemeteries and mausoleums; and

(4)

Manufactured homes must be no older than eight years, measured from the date of manufacture to the date the permit application is filed with the city.

Maximum number of manufactured homes permitted per lot: one.

Minimum square footage of the manufactured home: 700 square feet and not less than ten feet in width.

The wheels, axles, and tongue of the mobile or manufactured home shall be removed prior to the tie down process.

All manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 USC 5401, et seq.

Designated driveway area constructed of reinforced concrete, and of a size to comply with [section 46-631], off-street parking regulations.

(5)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-209. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area: one acre.

(2)

Minimum yard setbacks:

Front: 35 feet;

Side: 15 feet;

Rear: 25 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-210. - Height limitations.

Sec. 46-211. - Off-street parking requirements.

Off-street parking requirements shall be as provided in section 46-631.

Sec. 46-212. - Sign restrictions.

Sign restrictions shall be as provided in section 46-634.

Sec. 46-235.- Purpose.

The purpose of this zone is for single-family dwelling units and other uses which maintain the low-density residential nature of the district.

Sec. 46-236. - Permitted uses.

Permitted uses in this zone shall include:

(1)

One single-family dwelling unit per lot. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures.

(3)

Storage of one boat, one camper, or one other recreational vehicle, shall be limited to the side or rear yard separated by at least ten feet from any property line.

(4)

Public park, playground, or ball fields.

(5)

Private kennels.

(6)

(7)

Manufactured homes must be no older than eight years, measured from the date of manufacture to the date the permit application is filed with the city.

Maximum number of manufactured homes permitted per lot: one.

Minimum square footage of the manufactured home 700 square feet and not less than ten feet in width.

The wheels, axles, and tongue of the mobile or manufactured home shall be removed prior to the tie down process.

All manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 USC 5401, et seq.

Designated driveway area constructed of reinforced concrete, and of a size to comply with [section 46-631] off-street parking regulations.

(8)

Minor utility facilities.

Sec. 46-237. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Churches, hospitals, schools, and religious and philanthropic institutions provided, however, that such uses shall be located on sites of sufficient size to meet off-street parking requirements of this article and to provide setback from all property as required of this article and to provide setback for all property lines a distance of at least one foot for each foot of building height or yard setback minimums as set out in section 46-238, whichever is greater.

(2)

Real estate sales office in connection with a specific development, allowable only as a renewable condition for six months at a time.

(3)

Recreational facility (non-profit) such as a community center, swimming pool, or tennis club.

(4)

Child care homes.

(5)

Parking of commercial vehicles provided that,

The property on which the vehicle is parked consists of a lots of one-half an acre or more in size.

No mechanical work shall be allowed at such property.

Vehicles must be parked on a concrete slab. The location of the slab cannot interfere with onsite ponding areas.

Vehicles shall not idle for more than 15 minutes at any time.

Only one vehicle may be allowed per lot. The vehicle must stay onsite and at no time, shall it be parked on the public street or right-of-way.

At no time, shall tractor trailers be allowed to be stored on a residential lot.

(6)

Maior utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-238. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

8,500 square feet [for] areas with ponding.

10,000 square feet [for] areas without public ponding.

(2)

Minimum yard setbacks:

Front: 25 feet;

Side ([interior]): five feet;

Side ([exterior]), street: ten feet;

Rear: 25 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-239. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the square footage of the principal structure.

Sec. 46-240. - Height requirements.

Sec. 46-259.- Purpose.

The purpose of this zone is to provide a mixture of single-family and multifamily dwellings to a maximum density of 15 dwelling units per acre, in order to create a more urban appearance.

Sec. 46-260. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Single-family detached dwellings. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Multifamily dwellings, including, duplexes, triplexes, quadplexes, townhouses, row houses, and other dwellings with a maximum density of 15 dwelling units per acre.

(3)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures.

(4)

Public parks, playgrounds, or ball fields.

(5)

Private kennels.

(6)

Real estate sales offices in connection with a specific development, allowable only as a renewable conditional for six-months at a time.

(7)

(8)

(9)

Minor utility facilities.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 438, § 1, 4-5-2018; Ord. No. 543, § 1, 7-21-2022; Ord. No. 667, 3-20-2025)

Sec. 46-261. - Conditional uses (requires use permit).

Conditional uses in this zone shall include:

(1)

Child care homes, childcare group homes, and day care centers.

(2)

Schools (public, private).

(3)

Churches.

(4)

Recreational facility (nonprofit), such as a community center, swimming pool, or tennis club.

(5)

Golf course and country club.

(6)

Cemetery and mausoleums.

(7)

Nursing home assisted living facilities, and community homes.

(8)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-262. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

6,000 square feet [for] areas with ponding.

10,000 square feet [for] areas without public ponding.

(2)

Minimum yard setbacks:

Front: 20 feet;

Side ([interior]): five feet;

Side ([exterior]), street: ten feet;

Rear: 20 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-263. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the-square footage of the principal structure.

Sec. 46-324.- Purpose.

Sec. 46-325. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Mobile homes as provided in section 46-327.

(2)

Manufactured homes, HUD Code.

(3)

Modular homes.

(4)

Accessory uses of buildings customarily incidental to a residential area including storage buildings, and carports.

(5)

Public parks, playgrounds, ball fields.

(6)

Private kennels.

(7)

(8)

(9)

(10)

Minor utility facilities.

Sec. 46-326. - Conditional uses (requires use permit).

Conditional uses in this zone shall include:

(1)

Child care center.

(2)

Cemeteries or mausoleums.

(3)

Churches.

(4)

Community building.

(5)

Golf course and country club.

(6)

Schools (private, public).

(7)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-327. - Development requirements.

Mobile and manufactured homes used as dwellings shall comply with the following standards:

(1)

Maximum number of mobile or manufactured permitted per lot: one.

(2)

Minimum square footage of the mobile or manufactured home: 500 square feet and not less than ten feet in width.

(3)

The wheels and tongue of the mobile or manufactured home shall be removed prior to the tie-down process.

(4)

(5)

(6)

All mobile and manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.

Sec. 46-328. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

5,000 square feet for areas with public ponding.

10,000 square feet for areas without public ponding.

(2)

Minimum yard setbacks:

Front: 15 feet;

Side: five feet;

Rear: 20 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-329. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the square footage of the principal building.

Sec. 46-347.- Purpose.

Sec. 46-348. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Mobile homes as provided in section 46-350.

(2)

Manufactured homes, HUD Code.

(3)

Accessory uses of buildings customarily incidental to a residential area including storage buildings, and carports.

(4)

Administrative and management offices for mobile home parks.

(5)

Storage buildings related to principal structure or business related. (This does not include dry boat storage shed or workshops.)

(6)

Laundry facilities.

(7)

Club or game rooms, recreational facilities and uses intended for the use of the residents of the development and their guests.

(8)

Minor utility facilities.

Sec. 46-349. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Child care homes and day care centers.

(2)

Public and private utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

(3)

(4)

Recreational vehicle lodging facilities or campgrounds.

(5)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-350. - Development requirements.

Mobile and manufactured homes used as dwellings shall comply with the following standards:

(1)

Minimum square footage of the mobile or manufactured home: 500 square feet and not less than ten feet in width.

(2)

The wheels and tongue of the mobile or manufactured home shall be removed prior to the tie-down process.

(3)

(4)

(5)

All mobile and manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.

Sec. 46-351. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum park size: Ten acres for areas with ponding; maximum density: 12 units per acre; minimum lot area: 3,600 square feet.

(2)

Minimum setback from park boundaries at public street: 35 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

(4)

Minimum horizontal distance between mobile home/recreational vehicle:

Side to side: 20 feet;

End to end: 20 feet;

Side to end: 20 feet.

Sec. 46-352. - Accessory structures.

(a)

No accessory structure, excluding fences or walls, shall be closer than five feet.

(b)

An accessory structure shall not exceed 50 percent of the square footage of the principal building.

Sec. 46-259.- Purpose.

The purpose of this zone is to provide a mixture of single-family and multifamily dwellings to a maximum density of 15 dwelling units per acre, in order to create a more urban appearance.

Sec. 46-260. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Single-family detached dwellings. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Multifamily dwellings, including, duplexes, triplexes, quadplexes, townhouses, row houses, and other dwellings with a maximum density of 15 dwelling units per acre.

(3)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures.

(4)

Public parks, playgrounds, or ball fields.

(5)

Private kennels.

(6)

Real estate sales offices in connection with a specific development, allowable only as a renewable conditional for six-months at a time.

(7)

(8)

(9)

Minor utility facilities.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 438, § 1, 4-5-2018; Ord. No. 543, § 1, 7-21-2022; Ord. No. 667, 3-20-2025)

Sec. 46-261. - Conditional uses (requires use permit).

Conditional uses in this zone shall include:

(1)

Child care homes, childcare group homes, and day care centers.

(2)

Schools (public, private).

(3)

Churches.

(4)

Recreational facility (nonprofit), such as a community center, swimming pool, or tennis club.

(5)

Golf course and country club.

(6)

Cemetery and mausoleums.

(7)

Nursing home assisted living facilities, and community homes.

(8)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-262. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

6,000 square feet [for] areas with ponding.

10,000 square feet [for] areas without public ponding.

(2)

Minimum yard setbacks:

Front: 20 feet;

Side ([interior]): five feet;

Side ([exterior]), street: ten feet;

Rear: 20 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-263. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the-square footage of the principal structure.

Sec. 46-378.- Purpose.

Sec. 46-379. - Permitted uses.

Permitted uses in this zone shall include:

(1)

One accessory dwelling per business.

(2)

Filling or service stations (including food stores) occupying no more than 3,000 square feet.

(3)

Specialty shops (antiques, art objects and supplies, books, cameras and photo supplies, candy, gift, greeting cards, framing, coins, stationary, tobacco, and pharmacies).

(4)

Personal service shops (interior decorating, watch and jewelry repair, art gallery, museum, photography, dance or fine art).

(5)

Churches, day care centers, childcare group homes, community homes, group homes, and hospices.

(6)

Veterinary clinics of up to 3,000 square feet floor space excluding overnight boarding of animals.

(7)

Public building, fire stations, government offices and public libraries.

(8)

Any other neighborhood office, retail, service, or commercial use occupying no more than 3,000 square feet, except adult businesses.

(9)

Minor utility facilities.

Sec. 46-380. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Office and retail uses that are over 3,000 square feet, but less than 10,000 square feet.

(2)

Public, private, or vocational schools.

(3)

Commercial kennels.

(4)

Child care institutions, nursing homes, and halfway houses.

(5)

Water wells, storage, or pumping facilities.

(6)

Major utility facilities utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-381. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

5,000 square feet for areas with public ponding.

10,000 square feet for areas without public ponding.

(2)

Minimum yards required: where the site faces or abuts a residential zone, the setback requirements of the residential zone apply, otherwise the following shall apply:

Front: 15 feet;

Rear: 15 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-382. - Height requirements.

The height requirements for this zone are the same as in the R-3 zone.

Sec. 46-383. - Off-street parking.

Requirements shall be as provided in section 46-631. No loading or unloading is to be conducted in a public street.

Sec. 46-384. - Signs.

Signs shall be limited as provided in section 46-634.

Sec. 46-412.- Purpose.

The purpose of this zone is to allow those commercial activities that serve the general community on a day-to-day basis.

Sec. 46-413. - Permitted uses.

Permitted uses in this zone shall include:

(1)

All retail sales of goods and services conducted entirely within a building as well as the incidental display of merchandise wholly under a permanent part of a main building, such as a marquee.

(2)

Movie theaters, bowling alleys and skating rinks; pool tables allowed as an accessory and secondary use to such permitted uses.

(3)

Churches, post offices, fire stations, libraries and public buildings.

(4)

Offices.

(5)

Commercial kennels and veterinary clinics.

(6)

Cafes, restaurants, cafeterias, and drive through eating establishments.

(7)

Clubs and lodges without alcoholic beverages sale to members or the public.

(8)

Child care institutions, day care centers, nursing homes, and halfway houses.

(9)

Service establishments, including filling or service stations.

(10)

Ambulance service with or without outdoor storage of ambulances.

(11)

Spas, health studios or fitness centers, without outdoor activities.

(12)

Minor utility facilities.

Sec. 46-414. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Shopping centers and shopping malls and all other commercial, office, retail and service uses requiring over 50,000 square feet.

(2)

Adult businesses, provided that:

No such businesses shall be located within 1,500 feet of the nearest point of a lot on which is located a religious and/or educational institution, a public park or recreation facility.

No such business shall be located within 1,500 feet of any lot within any residential zone.

No such business shall operate between the hours of 2:00 a.m. and 9:00 a.m.

(3)

Amusement parks.

(4)

Hospitals.

(5)

Colleges and universities.

(6)

Motor vehicle body shops, parts manufacturing, repair and maintenance facilities, provided that:

All body and fender repairing must be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress.

No spray painting may be done except in a completely enclosed spray booth especially designed for that purpose.

All other auto repairing, etc., must be conducted within a building enclosed on at least three sides.

Garage for automotive repair and painting provided it complies with the following:

All activities shall be conducted within a completely enclosed building.

Shopping centers and malls. Applications for conditional use shall be submitted according to the following requirements:

(7)

Major utility facilities utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 437, § 2, 3-15-2018; Ord. No. 618, 6-20-2024; Ord. No. 667, 3-20-2025)

Sec. 46-415. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area: buffer zones may be required by the planning and zoning commission.

(2)

Minimum yards required: yard requirements shall meet the minimum setbacks of the adjacent zones.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-416. - Height restrictions.

Sec. 46-417. - Off-street parking.

Requirements shall be as provided in section 46-631.

Sec. 46-418. - Sign limitations.

Sign limitations shall be as provided in section 46-634.

Sec. 46-450.- Purpose.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-451. - General regulations.

(a)

Area requirements. Each IC-MUD district shall be at least ten acres in size.

(b)

Coverage area.

(1)

The city council may restrict the square footage or land-use to be covered by a primary and/or accessory building.

(2)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet.

Minor arterials: 55 feet.

Major arterials: 60 feet.

(c)

Permitted uses.

(1)

Wholesale and distributing facilities.

(2)

Enclosed manufacturing, compounding, assembling, or treatment of articles.

(3)

Public, private, and vocational schools, colleges, and universities.

(4)

Public or private utility facilities.

(5)

Hospitals.

(6)

Amusement parks.

(7)

Service stations primarily for automobiles and petroleum gas for consumption but not for resale.

(8)

Shopping centers and shopping malls and all other commercial, office, retail, and services.

(9)

One accessory building per lot for physical security monitoring.

(10)

All uses listed in C-1 Neighborhood Commercial and C-2 General Commercial Districts except conditional uses not explicitly identified in this section.

(d)

Height requirements. Maximum heights of any building or structure shall be 45 feet.

(e)

Off-street parking requirements shall be as provided in section 46-631.

No loading or unloading is to be conducted on public rights-of-way.

(f)

Signs. Sign limitations shall be as provided in section 46-634.

(g)

Compatibility.

(1)

The IC-MUD does not contemplate or authorize salvage yards, recycling businesses or vehicle storage facilities.

(2)

No IC-MUD shall be approved by the city council until it has been determined that the planned use is compatible with the area that it will affect.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-452. - Procedures.

(a)

(1)

Description of the general land configuration.

(2)

Proposed densities and lot sizes.

(3)

Proposed amenities.

(4)

Proposed area design regulations.

(b)

Prior to consideration of any planned development, an application must be filed with the city's building official of the planning and zoning department accompanied by a development plan.

(c)

A development plan shall include the following information:

(1)

Abutting sites and all public and private rights-of-way and easements.

(2)

The location and type of all existing and planned structures on the site.

(3)

Height of all structures.

(4)

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of residential structures.

(5)

The location of all on-site and proposed facilities for liquid and solid waste disposal.

(6)

The location of all off-street parking and loading facilities and location of lighting for the same.

(7)

The location and detail of all walls, fences, screening and landscaping, including existing and proposed tree lines. Shipping containers shall not be permissible as walls, fences, screening.

(8)

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided.

(9)

The location of all dumpsters.

(10)

The location of all fire hydrants.

(11)

The location of stormwater facilities.

(12)

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials.

(13)

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television.

(14)

The location of all signs.

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion shall accompany the application.

(e)

The procedure for hearing a request for a zoning change to IC-MUD shall be the same as for a requested change in any other district.

(f)

(g)

Minor changes in the development may be authorized by the building official when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the overall character of the development.

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot.

(3)

An increase in the intensity of use.

(4)

A reduction in the originally approved separations between buildings.

(5)

Any adverse changes in traffic circulation, safety, drainage and utilities.

(6)

Any adverse changes in such external effects on adjacent property as noise, heat, light, glare, vibration, height or proximity.

(7)

A reduction in the originally approved setbacks from property lines.

(8)

An increase in ground coverage by structures.

(9)

A reduction in the ratio of off-street parking and loading space.

(10)

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated in subsection (g) of this section, shall be processed as new application in accordance with the provision of this section.

(i)

Provision for public, private, and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the development plan.

(j)

A traffic impact analysis is required.

(k)

(l)

Industrial/Commercial Mix-Use Development zoning shall be revoked if:

(1)

Approval of the development was obtained by fraud or deception; or

(2)

One or more of the conditions set by the city council has not been met or has been violated.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-453. - Building official.

The building official shall have the authority to waive or modify the requirements of this division when in the interest of the city.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-513.- Purpose.

(1)

To ensure that the degree of compatibility of property uses shall be maintained with respect to the special use and the surrounding uses of property in the general area;

(2)

To preserve the integrity and character of the zone in which the use will be located, and the utility and value of property in the special use zone and in the adjacent zones; and

(3)

To ensure that the use will not be or become detrimental to the public interest, health, safety, or general welfare.

Procedures.

An application for a change to SU-1 zoning must state the proposed use and must be accompanied by a plot plan showing the location and dimensions of the property.

A certification copy of the approved development plan shall be placed on file with the city clerk.

Special uses.

Airport or heliport.

Amusement park of a permanent character.

Cemetery, including, mausoleum, or crematory, provided the site contains at least five acres.

Condominiums.

Correction, detention, or penal institution.

Golf course.

Public buildings, structures, and facilities owned or operated by a political subdivision of the state.

Race track.

Shopping centers.

10.

Stadium.

11.

Townhouses.

12.

(i)

The minimum park size shall be two acres.

(ii)

The site shall be graded, drained, and free of rubbish and litter.

(iii)

The site shall have a wall, fence, or planted area six feet in height that screens the site from adjoining areas.

13.

Minor utility facilities.

Sec. 46-514. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

An annual special permit requiring annual inspections of the structure with an annual permit fee that shall be established and periodically adjusted by resolution of the city council.

Owner must maintain general liability insurance covering the structure and property with limits of at least $2,000,000.00 and provide proof of insurance as part of annual inspection.

City may require tower to be designed to accept additional server facilities to provide maximize coverage and reduce the number of towers needed for service within the city.

City may require the design of the tower to blend in with the neighborhood vegetation or structures.

City may impose limits upon the height of the tower.

City may require fencing and landscaping of the tower area.

(2)

(3)

(4)

Major utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-537.- Purpose.

The purpose of the Floodplain and Floodplain Overlay District is to protect persons and property from periodic flooding and to enable the city to participate in the National Flood Insurance Program.

Sec. 46-538. - Establishment of overlay district.

Sec. 46-539. - Permitted uses within floodways.

No permit to make use of land within a floodway may be issued unless the proposed used is allowed in the underlying district and in the following:

(1)

General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses.

(2)

Lawns, gardens, play areas, and other similar uses.

(3)

Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space, and other similar private and public recreational uses.

(4)

No artificial obstruction may be located within any floodway.

Sec. 46-540. - Construction restrictions.

(a)

No building permit may be issued for any development within a floodplain until the building official has reviewed the plans for any such development to ensure that:

(1)

The proposed development is consistent with the need to minimize flood damage.

(2)

All public utilities and facilities such as sewer, gas electrical, and water systems are located and constructed to minimize or eliminate flood damage.

(3)

Adequate drainage is provided to minimize or reduce exposure to flood hazards.

(4)

All necessary permits have been received from those agencies from which approval is required by federal or state law.

(5)

No structure may be constructed and no substantial improvement of an existing structure may take place within any floodway.

(6)

(b)

(c)

Sec. 46-559.- Purpose.

Sec. 46-560. - General regulations.

(a)

Area requirements. Each PUD district shall be at least five acres in size.

(b)

(c)

Compatibility. No PUD shall be approved by the city council until it has been determined that the planned use is compatible with the area that it will affect.

Sec. 46-561. - Procedures.

(a)

(1)

Description of the general land configuration.

(2)

Proposed densities and lot sizes.

(3)

Proposed amenities.

(4)

Proposed area design regulations.

(b)

Prior to consideration of any planned development, an application must be filed with the city's building official of the planning and zoning department accompanied by a development plan.

(c)

A development plan shall include the following information:

(1)

Abutting sites and all public and private rights-of-way and easements.

(2)

The location and type of all existing and planned structures on the site.

(3)

Height of all structures.

(4)

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of residential structures.

(5)

The location of all on-site and proposed facilities for liquid and solid waste disposal.

(6)

The location of all off-street parking and loading facilities and location of lighting for the same.

(7)

The location and detail of all walls, fences, screening and landscaping, including existing and proposed tree lines.

(8)

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided.

(9)

The location of all dumpsters.

(10)

The location of all fire hydrants.

(11)

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials.

(12)

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television.

(13)

The location of all signs.

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion will accompany the application.

(e)

The procedure for hearing a request for a zoning change to PUD shall be the same as for a requested change in any other district.

(f)

(g)

Minor changes in the character of the development may be authorized by the enforcing officer when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the character of the development.

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot.

(3)

An increase in the intensity of use.

(4)

A reduction in the originally approved separations between buildings.

(5)

Any adverse changes in traffic circulation, safety, drainage and utilities.

(6)

Any adverse changes in such external effects on adjacent property as noise, heat, light, glare, vibration, height or proximity.

(7)

A reduction in the originally approved setbacks from property lines.

(8)

An increase in ground coverage by structures.

(9)

A reduction in the ratio of off-street parking and loading space.

(10)

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated in subsection (g) of this section, shall be processed as new application in accordance with the provision of this section.

(i)

Provision for public, private and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the development plan.

(j)

(k)

Planned unit development zoning shall be revoked if:

(1)

Approval of the development was obtained by fraud or deception; or

(2)

One or more of the conditions set by the council has not been met or has been violated.

Sec. 46-586.- Policy.

Sec. 46-587. - Purpose.

The purpose of this division is to promote the public health, safety and general welfare, and:

(1)

To protect, enhance and perpetuate places and areas which represent distinctive and important elements of the city's historical, cultural, archeological, political and architectural history.

(2)

To promote tourism and strengthen the economy of the city.

(3)

To foster civic pride and promote the enjoyment and use of historic resources by the city's residents.

(4)

To preserve and enhance the beauty of historic areas; and to provide for new development in historic districts that is consistent with the existing historic structures.

Sec. 46-588. - Initiation of review.

Sec. 46-589. - Criteria for establishment of districts.

(1)

Recognition as a recorded state historic landmark, a National Historic Landmark, or entry on the National Register of Historic Places;

(2)

Location as the site of a significant historic event;

(3)

Identification with persons who significantly contributed to the culture and development of the city or country;

(4)

Embodiment of elements of architectural design, detail, materials, or craftsmanship that represent a significant architectural innovation;

(5)

Exemplification of the cultural, economic, social, or historical heritage of the city, or country;

(6)

Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

(7)

Embodiment of distinguishing characteristics of an architectural type of specimen;

(8)

Identification as the work of an architect or master builder whose individual work has influence the development of the city;

(9)

Relationship to other historic places or areas;

(10)

Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; and

(11)

Value as an aspect of community sentiment or public pride.

Sec. 46-590. - Establishment of districts.

(a)

(b)

Sec. 46-591. - Certificate of appropriateness.

(a)

(b)

(c)

Sec. 46-592. - Demolition or removal.

Sec. 46-593. - Penalties.

(a)

(b)

Sec. 46-601.- Purpose.

(Ord. No. 554, 11-3-2022)

Sec. 46-602. - General design principles.

(a)

(1)

That the development strategy encourages infill and redevelopment within existing neighborhoods.

(2)

That a mixture of housing types and densities be distributed throughout the GMU development.

(3)

That natural open space and agricultural lands be preserved as part of the development.

(4)

That ordinary activity of daily living occurs within walking distance of most dwellings.

(5)

That civic, institutional and commercial activity be embedded, and not isolated, in the development.

(6)

That open spaces including parks, squares, and playgrounds be included within the development.

(7)

That buildings and landscaping contribute to the physical definition of the development.

(8)

That architecture and landscape design grow from local climate, topography, and local history.

(9)

That the preservation and renewal of historic buildings be facilitated.

(b)

(1)

A mixture of housing types, jobs, shopping, services, and public facilities shall be incorporated into the development.

(2)

Residences, shops, workplaces, and other buildings interwoven within the development, all within close proximity.

(3)

Natural features and undisturbed areas that are incorporated into the open space of the development.

(4)

Well-configured squares, plazas, greens, landscaped streets, preserves, greenbelts, or parks dedicated to the collective social activity, recreation, and visual enjoyment of the neighborhood.

(5)

Buildings, spaces, and other features that act as landmarks, symbols, and focal points for community identity.

(6)

Parking, parking lots, and vehicular access shall be subordinate to the design and shall not be the focal point of any development.

(7)

Compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character and landscaping to establish a livable and harmonious environment.

(8)

Human-scale design of buildings, streets, corridors, and other public spaces is incorporated within the development.

(Ord. No. 554, 11-3-2022)

Sec. 46-603. - General regulations.

(a)

Area requirements. Defined by master zoning plan.

(b)

Setbacks. Properties within GMU development shall be defined by the master zoning plan, unless otherwise required by the city council as part of the review of the master zoning plan.

(c)

(1)

Single-family residential.

(2)

Multifamily dwellings, including, duplexes, triplexes, quadplexes, townhouses, row houses, and other dwellings with a maximum density of 15 dwelling units per acre.

(3)

Accessory structures and uses including garages, carports, private workshop, greenhouses, and other structures that are customarily incidental to the principled structures.

(4)

Public park, playground, or ball field.

(5)

Swimming pool. Permitted only when a protective fence, minimum five feet in height, is provided around the yard, lot or pool area.

(6)

Churches, clinics, schools, and religious and philanthropic institutions.

(7)

Food establishments including restaurants, cafes, coffee shops, bodegas, and food trucks.

(8)

Specialty shops (antiques, art objects and supplies, books, cameras and photo supplies, candy, gift, greeting cards, framing, coins, stationary, tobacco, and pharmacies).

(9)

Personal service shops (interior decorating, watch and jewelry repair, art gallery, museum, photography, dance or fine art).

(10)

Veterinary clinics of up to 3,000 square feet floor space excluding overnight boarding of animals.

(11)

Public building, fire stations, government offices and public libraries.

(12)

Any other neighborhood office, retail, service, or commercial use occupying no more than 3,000 square feet.

(d)

Height requirements. Maximum heights of any building or structure shall be 35 feet.

(e)

Off-street parking requirements shall be as determined by the master zoning plan. No loading or unloading is to be conducted on public rights-of-way.

(f)

Signs. Sign shall be as determined by the master zoning plan.

(g)

Compatibility.

(1)

(2)

No GMU shall be approved by the city council until it has been determined that the planned uses are compatible with the area that it will affect.

(Ord. No. 554, 11-3-2022)

Sec. 46-604. - Procedures.

Master Zoning Plan (MZP).

(a)

(b)

The master zoning plan shall include the following information:

(1)

Legal description of area proposed to be developed or metes and bounds description;

(2)

Total acreage as depicted on a survey;

(3)

Building footprints and layout of each proposed land use, labeled and color coded as per the city's zoning map;

(4)

Maximum proposed total number of dwelling units for all residential land uses combined;

(5)

Maximum proposed total floor area for all nonresidential land uses combined, expressed in square feet.

(6)

Abutting sites and all public and private rights-of-way and easements.

(7)

Height of all structures.

(8)

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of all structures.

(9)

The location of all off-street parking and loading facilities and location of lighting for the same, numbered and labeled.

(10)

The location and detail of all walls, fences, screening and landscaping, including existing and proposed tree lines. Shipping containers shall not be permissible as walls, fences, screening.

(11)

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided.

(12)

The location of all dumpsters.

(11)

The location of all fire hydrants.

(13)

The location of stormwater facilities.

(14)

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials.

(15)

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television.

(16)

The location of all signs and sign design by type and size.

(17)

A table or list depicting the proposed land use type, park, open space, trail and school site (as applicable).

(c)

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion shall accompany the application.

(e)

The procedure for hearing a request for a zoning change to GMU shall be the same as for a requested change in any other district.

(f)

(g)

Minor changes in the development may be authorized by the city planner when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the overall character of the development.

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot.

(3)

An increase in the intensity of use.

(4)

A reduction in the originally approved separations between buildings.

(5)

Any adverse changes in traffic circulation, safety, drainage and utilities.

(6)

Any adverse changes in such external effects on adjacent property as noise, heat, light, glare, vibration, height or proximity.

(7)

A reduction in the originally approved setbacks from property lines.

(8)

An increase in ground coverage by structures.

(9)

A reduction in the ratio of off-street parking and loading space.

(10)

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated in subsection (g) of this section, shall be processed as new application in accordance with the provision of this section.

(i)

Provision for public, private, and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the MZP.

(j)

A traffic impact analysis may be required.

(k)

(l)

General mixed used development zoning shall be revoked if:

(1)

Approval of the development was obtained by fraud or deception; or

(2)

One or more of the conditions set by the city council has not been met or has been violated.

(Ord. No. 554, 11-3-2022)

Sec. 46-605. - City planner.

The city planner shall have the authority to waive or modify the requirements of this division when in the interest of the city.

(Ord. No. 554, 11-3-2022)

Socorro City Zoning Code

ARTICLE IV

- DISTRICT REGULATIONS

DIVISION 5. - RESERVED[3]

Footnotes:

--- (3) ---

DIVISION 11. - RESERVED[4]

Footnotes:

--- (4) ---

DIVISION 16. - GMU - GENERAL MIXED USE DISTRICT[5]

Footnotes:

--- (5) ---

Sec. 46-170.- Regulations are minimum mandatory requirements.

(a)

(b)

No building or other structure shall hereafter be erected or altered:

(1)

To exceed the height or bulk.

(2)

To accommodate or house a greater number of families.

(3)

To occupy a greater percentage of lot area.

(4)

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-171. - Official zoning map.

(a)

(b)

(c)

(d)

(e)

(Ord. No. 76, § 1, 5-1-1989; Ord. of 11-7-2002, § 1; Ord. of 11-17-2008; Ord. No. 467, § 15, 6-6-2019; Ord. No. 650, 11-7-2024)

Sec. 46-172. - Districts established.

(a)

(b)

City zoning districts are established as follows:

(1)

RE Rural Estate District.

(2)

R-1 Single-Family Residential District.

(3)

R-2 Medium Density Residential District.

(4)

Reserved.

(5)

RM-1 Mobile Home Subdivision District.

(6)

RM-2 Residential Mobile Home Park District.

(7)

C-1 Neighborhood Commercial (Light Commercial) District.

(8)

C-2 General Commercial District.

(9)

IC MUD Industrial/Commercial Mixed-Use Development.

(10)

Reserved.

(11)

SU-1 Special Use Zone.

(12)

FP Floodplain and Floodway Overlay District.

(13)

PUD Planned Unit Development.

(14)

HP Historic Preservation District.

(c)

The boundaries of the zone districts are hereby established as shown on the official zoning map.

(d)

Abutting zone districts along frontage on a public right-of-way shall automatically extend to the centerline upon vacation from public use of the right-of-way.

(Ord. No. 76, § 7, 5-1-1989; Ord. of 11-7-2002, § 7; Ord. No. 412, § 2, 7-6-2017; Ord. No. 458, §§ 3, 4, 3-21-2019; Ord. No. 490, § 2, 7-2-2020)

Sec. 46-173. - Rules for interpretation of uncertain boundaries.

(a)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries shall be construed as the centerline of existing, future, or vacated streets, highways, railroads, alleys, or irrigation canals or other public rights-of-way.

(2)

Where property has been subdivided into block and lot, the boundaries shall be construed to be the lot line.

(3)

Where property is not otherwise designated, divided, or subdivided, the boundary line shall be determined by the scaled distance shown on the official zoning district map.

(4)

(b)

(Ord. No. 76, § 2, 5-1-1989; Ord. of 11-7-2002, § 2; Ord. No. 522, § 2, 10-28-2021)

Sec. 46-174. - Space required for compliance may not be shared by multiple buildings.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-175. - Reduction of yard and lot size prohibited.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-176. - Annexed properties.

(Ord. No. 76, § 5, 5-1-1989; Ord. of 11-7-2002, § 5)

Sec. 46-137.- Defined; policy, purpose and intent.

(a)

(b)

(Ord. No. 76, § 6(1), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-138. - Construction in progress.

(a)

(b)

(Ord. No. 76, § 6(1), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-139. - Lots of record.

(a)

(b)

Variance of area requirements shall be obtained only through action of the planning and zoning commission

(c)

(d)

(Ord. No. 76, § 6(2), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6; Ord. No. 522, § 2, 10-28-2021)

Sec. 46-140. - Uses.

(a)

(b)

(1)

(2)

Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

(3)

Any return on investment since inception of the use, including net income and depreciation.

(4)

The anticipated annual recovery of investment, including net income and depreciation.

(Ord. No. 76, § 6(3), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6; Ord. No. 522, § 2, 10-28-2021)

Sec. 46-141. - Continuance of nonconformities.

Until the compliance date, the nonconformity may continue so long as it remains otherwise lawful, subject to the following provisions:

(1)

(2)

(3)

(4)

(5)

(Ord. No. 76, § 6(4), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-142. - Repairs and maintenance.

(Ord. No. 76, § 6(5), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-143. - Conditional uses may not be classified as nonconforming uses.

Any use that is permitted as a conditional use shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(Ord. No. 76, § 6(6), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Sec. 46-206.- Purpose.

This zone is designed to accommodate agricultural activities and residential uses that are conducive to a rural atmosphere and to allow the use of single-family dwelling units.

Sec. 46-207. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Single-family detached dwelling on-site construction, one unit per lot. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

(3)

(4)

Manufactured homes must be no older than eight years, measured from the date of manufacture to the date the permit application is filed with the city.

Maximum number of manufactured homes permitted per lot: one.

Minimum square footage of the manufactured home: 700 square feet and not less than ten feet in width.

The wheels, axles, and tongue of the mobile or manufactured home shall be removed prior to the tie down process.

All manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 USC 5401, et seq.

Designated driveway area constructed of reinforced concrete, and of a size to comply with [section 46-631], off-street parking regulations.

(5)

Minor utility facilities.

Sec. 46-208. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

(2)

Private or commercial kennels and veterinary hospitals;

(3)

Cemeteries and mausoleums; and

(4)

Manufactured homes must be no older than eight years, measured from the date of manufacture to the date the permit application is filed with the city.

Maximum number of manufactured homes permitted per lot: one.

Minimum square footage of the manufactured home: 700 square feet and not less than ten feet in width.

The wheels, axles, and tongue of the mobile or manufactured home shall be removed prior to the tie down process.

All manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 USC 5401, et seq.

Designated driveway area constructed of reinforced concrete, and of a size to comply with [section 46-631], off-street parking regulations.

(5)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-209. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area: one acre.

(2)

Minimum yard setbacks:

Front: 35 feet;

Side: 15 feet;

Rear: 25 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-210. - Height limitations.

Sec. 46-211. - Off-street parking requirements.

Off-street parking requirements shall be as provided in section 46-631.

Sec. 46-212. - Sign restrictions.

Sign restrictions shall be as provided in section 46-634.

Sec. 46-235.- Purpose.

The purpose of this zone is for single-family dwelling units and other uses which maintain the low-density residential nature of the district.

Sec. 46-236. - Permitted uses.

Permitted uses in this zone shall include:

(1)

One single-family dwelling unit per lot. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures.

(3)

Storage of one boat, one camper, or one other recreational vehicle, shall be limited to the side or rear yard separated by at least ten feet from any property line.

(4)

Public park, playground, or ball fields.

(5)

Private kennels.

(6)

(7)

Manufactured homes must be no older than eight years, measured from the date of manufacture to the date the permit application is filed with the city.

Maximum number of manufactured homes permitted per lot: one.

Minimum square footage of the manufactured home 700 square feet and not less than ten feet in width.

The wheels, axles, and tongue of the mobile or manufactured home shall be removed prior to the tie down process.

All manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standard Act of 1974, 42 USC 5401, et seq.

Designated driveway area constructed of reinforced concrete, and of a size to comply with [section 46-631] off-street parking regulations.

(8)

Minor utility facilities.

Sec. 46-237. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Churches, hospitals, schools, and religious and philanthropic institutions provided, however, that such uses shall be located on sites of sufficient size to meet off-street parking requirements of this article and to provide setback from all property as required of this article and to provide setback for all property lines a distance of at least one foot for each foot of building height or yard setback minimums as set out in section 46-238, whichever is greater.

(2)

Real estate sales office in connection with a specific development, allowable only as a renewable condition for six months at a time.

(3)

Recreational facility (non-profit) such as a community center, swimming pool, or tennis club.

(4)

Child care homes.

(5)

Parking of commercial vehicles provided that,

The property on which the vehicle is parked consists of a lots of one-half an acre or more in size.

No mechanical work shall be allowed at such property.

Vehicles must be parked on a concrete slab. The location of the slab cannot interfere with onsite ponding areas.

Vehicles shall not idle for more than 15 minutes at any time.

Only one vehicle may be allowed per lot. The vehicle must stay onsite and at no time, shall it be parked on the public street or right-of-way.

At no time, shall tractor trailers be allowed to be stored on a residential lot.

(6)

Maior utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-238. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

8,500 square feet [for] areas with ponding.

10,000 square feet [for] areas without public ponding.

(2)

Minimum yard setbacks:

Front: 25 feet;

Side ([interior]): five feet;

Side ([exterior]), street: ten feet;

Rear: 25 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-239. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the square footage of the principal structure.

Sec. 46-240. - Height requirements.

Sec. 46-259.- Purpose.

The purpose of this zone is to provide a mixture of single-family and multifamily dwellings to a maximum density of 15 dwelling units per acre, in order to create a more urban appearance.

Sec. 46-260. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Single-family detached dwellings. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Multifamily dwellings, including, duplexes, triplexes, quadplexes, townhouses, row houses, and other dwellings with a maximum density of 15 dwelling units per acre.

(3)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures.

(4)

Public parks, playgrounds, or ball fields.

(5)

Private kennels.

(6)

Real estate sales offices in connection with a specific development, allowable only as a renewable conditional for six-months at a time.

(7)

(8)

(9)

Minor utility facilities.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 438, § 1, 4-5-2018; Ord. No. 543, § 1, 7-21-2022; Ord. No. 667, 3-20-2025)

Sec. 46-261. - Conditional uses (requires use permit).

Conditional uses in this zone shall include:

(1)

Child care homes, childcare group homes, and day care centers.

(2)

Schools (public, private).

(3)

Churches.

(4)

Recreational facility (nonprofit), such as a community center, swimming pool, or tennis club.

(5)

Golf course and country club.

(6)

Cemetery and mausoleums.

(7)

Nursing home assisted living facilities, and community homes.

(8)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-262. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

6,000 square feet [for] areas with ponding.

10,000 square feet [for] areas without public ponding.

(2)

Minimum yard setbacks:

Front: 20 feet;

Side ([interior]): five feet;

Side ([exterior]), street: ten feet;

Rear: 20 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-263. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the-square footage of the principal structure.

Sec. 46-324.- Purpose.

Sec. 46-325. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Mobile homes as provided in section 46-327.

(2)

Manufactured homes, HUD Code.

(3)

Modular homes.

(4)

Accessory uses of buildings customarily incidental to a residential area including storage buildings, and carports.

(5)

Public parks, playgrounds, ball fields.

(6)

Private kennels.

(7)

(8)

(9)

(10)

Minor utility facilities.

Sec. 46-326. - Conditional uses (requires use permit).

Conditional uses in this zone shall include:

(1)

Child care center.

(2)

Cemeteries or mausoleums.

(3)

Churches.

(4)

Community building.

(5)

Golf course and country club.

(6)

Schools (private, public).

(7)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-327. - Development requirements.

Mobile and manufactured homes used as dwellings shall comply with the following standards:

(1)

Maximum number of mobile or manufactured permitted per lot: one.

(2)

Minimum square footage of the mobile or manufactured home: 500 square feet and not less than ten feet in width.

(3)

The wheels and tongue of the mobile or manufactured home shall be removed prior to the tie-down process.

(4)

(5)

(6)

All mobile and manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.

Sec. 46-328. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

5,000 square feet for areas with public ponding.

10,000 square feet for areas without public ponding.

(2)

Minimum yard setbacks:

Front: 15 feet;

Side: five feet;

Rear: 20 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-329. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the square footage of the principal building.

Sec. 46-347.- Purpose.

Sec. 46-348. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Mobile homes as provided in section 46-350.

(2)

Manufactured homes, HUD Code.

(3)

Accessory uses of buildings customarily incidental to a residential area including storage buildings, and carports.

(4)

Administrative and management offices for mobile home parks.

(5)

Storage buildings related to principal structure or business related. (This does not include dry boat storage shed or workshops.)

(6)

Laundry facilities.

(7)

Club or game rooms, recreational facilities and uses intended for the use of the residents of the development and their guests.

(8)

Minor utility facilities.

Sec. 46-349. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Child care homes and day care centers.

(2)

Public and private utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

(3)

(4)

Recreational vehicle lodging facilities or campgrounds.

(5)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-350. - Development requirements.

Mobile and manufactured homes used as dwellings shall comply with the following standards:

(1)

Minimum square footage of the mobile or manufactured home: 500 square feet and not less than ten feet in width.

(2)

The wheels and tongue of the mobile or manufactured home shall be removed prior to the tie-down process.

(3)

(4)

(5)

All mobile and manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.

Sec. 46-351. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum park size: Ten acres for areas with ponding; maximum density: 12 units per acre; minimum lot area: 3,600 square feet.

(2)

Minimum setback from park boundaries at public street: 35 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

(4)

Minimum horizontal distance between mobile home/recreational vehicle:

Side to side: 20 feet;

End to end: 20 feet;

Side to end: 20 feet.

Sec. 46-352. - Accessory structures.

(a)

No accessory structure, excluding fences or walls, shall be closer than five feet.

(b)

An accessory structure shall not exceed 50 percent of the square footage of the principal building.

Sec. 46-259.- Purpose.

The purpose of this zone is to provide a mixture of single-family and multifamily dwellings to a maximum density of 15 dwelling units per acre, in order to create a more urban appearance.

Sec. 46-260. - Permitted uses.

Permitted uses in this zone shall include:

(1)

Single-family detached dwellings. Only conventional building materials listed in the approved building codes will be used for structural and finish materials.

(2)

Multifamily dwellings, including, duplexes, triplexes, quadplexes, townhouses, row houses, and other dwellings with a maximum density of 15 dwelling units per acre.

(3)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures.

(4)

Public parks, playgrounds, or ball fields.

(5)

Private kennels.

(6)

Real estate sales offices in connection with a specific development, allowable only as a renewable conditional for six-months at a time.

(7)

(8)

(9)

Minor utility facilities.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 438, § 1, 4-5-2018; Ord. No. 543, § 1, 7-21-2022; Ord. No. 667, 3-20-2025)

Sec. 46-261. - Conditional uses (requires use permit).

Conditional uses in this zone shall include:

(1)

Child care homes, childcare group homes, and day care centers.

(2)

Schools (public, private).

(3)

Churches.

(4)

Recreational facility (nonprofit), such as a community center, swimming pool, or tennis club.

(5)

Golf course and country club.

(6)

Cemetery and mausoleums.

(7)

Nursing home assisted living facilities, and community homes.

(8)

Major utility facilities, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-262. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

6,000 square feet [for] areas with ponding.

10,000 square feet [for] areas without public ponding.

(2)

Minimum yard setbacks:

Front: 20 feet;

Side ([interior]): five feet;

Side ([exterior]), street: ten feet;

Rear: 20 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-263. - Accessory structures.

(a)

(b)

An accessory structure shall not exceed 50 percent of the-square footage of the principal structure.

Sec. 46-378.- Purpose.

Sec. 46-379. - Permitted uses.

Permitted uses in this zone shall include:

(1)

One accessory dwelling per business.

(2)

Filling or service stations (including food stores) occupying no more than 3,000 square feet.

(3)

Specialty shops (antiques, art objects and supplies, books, cameras and photo supplies, candy, gift, greeting cards, framing, coins, stationary, tobacco, and pharmacies).

(4)

Personal service shops (interior decorating, watch and jewelry repair, art gallery, museum, photography, dance or fine art).

(5)

Churches, day care centers, childcare group homes, community homes, group homes, and hospices.

(6)

Veterinary clinics of up to 3,000 square feet floor space excluding overnight boarding of animals.

(7)

Public building, fire stations, government offices and public libraries.

(8)

Any other neighborhood office, retail, service, or commercial use occupying no more than 3,000 square feet, except adult businesses.

(9)

Minor utility facilities.

Sec. 46-380. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Office and retail uses that are over 3,000 square feet, but less than 10,000 square feet.

(2)

Public, private, or vocational schools.

(3)

Commercial kennels.

(4)

Child care institutions, nursing homes, and halfway houses.

(5)

Water wells, storage, or pumping facilities.

(6)

Major utility facilities utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-381. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area:

5,000 square feet for areas with public ponding.

10,000 square feet for areas without public ponding.

(2)

Minimum yards required: where the site faces or abuts a residential zone, the setback requirements of the residential zone apply, otherwise the following shall apply:

Front: 15 feet;

Rear: 15 feet.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-382. - Height requirements.

The height requirements for this zone are the same as in the R-3 zone.

Sec. 46-383. - Off-street parking.

Requirements shall be as provided in section 46-631. No loading or unloading is to be conducted in a public street.

Sec. 46-384. - Signs.

Signs shall be limited as provided in section 46-634.

Sec. 46-412.- Purpose.

The purpose of this zone is to allow those commercial activities that serve the general community on a day-to-day basis.

Sec. 46-413. - Permitted uses.

Permitted uses in this zone shall include:

(1)

All retail sales of goods and services conducted entirely within a building as well as the incidental display of merchandise wholly under a permanent part of a main building, such as a marquee.

(2)

Movie theaters, bowling alleys and skating rinks; pool tables allowed as an accessory and secondary use to such permitted uses.

(3)

Churches, post offices, fire stations, libraries and public buildings.

(4)

Offices.

(5)

Commercial kennels and veterinary clinics.

(6)

Cafes, restaurants, cafeterias, and drive through eating establishments.

(7)

Clubs and lodges without alcoholic beverages sale to members or the public.

(8)

Child care institutions, day care centers, nursing homes, and halfway houses.

(9)

Service establishments, including filling or service stations.

(10)

Ambulance service with or without outdoor storage of ambulances.

(11)

Spas, health studios or fitness centers, without outdoor activities.

(12)

Minor utility facilities.

Sec. 46-414. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

Shopping centers and shopping malls and all other commercial, office, retail and service uses requiring over 50,000 square feet.

(2)

Adult businesses, provided that:

No such businesses shall be located within 1,500 feet of the nearest point of a lot on which is located a religious and/or educational institution, a public park or recreation facility.

No such business shall be located within 1,500 feet of any lot within any residential zone.

No such business shall operate between the hours of 2:00 a.m. and 9:00 a.m.

(3)

Amusement parks.

(4)

Hospitals.

(5)

Colleges and universities.

(6)

Motor vehicle body shops, parts manufacturing, repair and maintenance facilities, provided that:

All body and fender repairing must be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress.

No spray painting may be done except in a completely enclosed spray booth especially designed for that purpose.

All other auto repairing, etc., must be conducted within a building enclosed on at least three sides.

Garage for automotive repair and painting provided it complies with the following:

All activities shall be conducted within a completely enclosed building.

Shopping centers and malls. Applications for conditional use shall be submitted according to the following requirements:

(7)

Major utility facilities utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

(Ord. No. 76, § 8, 5-1-1989; Ord. of 12-21-1992, § II; Ord. of 7-6-1993, §§ I, II; Ord. of 10-8-1996, § II; Ord. of 11-7-2002, § 8; Ord. of 5-2-2007; Ord. of 11-17-2008; Ord. of 1-13-2011, § II; Ord. of 6-30-2011, § 3; Ord. No. 437, § 2, 3-15-2018; Ord. No. 618, 6-20-2024; Ord. No. 667, 3-20-2025)

Sec. 46-415. - Area requirements.

Area requirements for this zone shall include:

(1)

Minimum lot area: buffer zones may be required by the planning and zoning commission.

(2)

Minimum yards required: yard requirements shall meet the minimum setbacks of the adjacent zones.

(3)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet;

Minor arterials: 55 feet;

Major arterials: 60 feet.

Sec. 46-416. - Height restrictions.

Sec. 46-417. - Off-street parking.

Requirements shall be as provided in section 46-631.

Sec. 46-418. - Sign limitations.

Sign limitations shall be as provided in section 46-634.

Sec. 46-450.- Purpose.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-451. - General regulations.

(a)

Area requirements. Each IC-MUD district shall be at least ten acres in size.

(b)

Coverage area.

(1)

The city council may restrict the square footage or land-use to be covered by a primary and/or accessory building.

(2)

Minimum front setbacks for all properties facing:

Collector streets: 35 feet.

Minor arterials: 55 feet.

Major arterials: 60 feet.

(c)

Permitted uses.

(1)

Wholesale and distributing facilities.

(2)

Enclosed manufacturing, compounding, assembling, or treatment of articles.

(3)

Public, private, and vocational schools, colleges, and universities.

(4)

Public or private utility facilities.

(5)

Hospitals.

(6)

Amusement parks.

(7)

Service stations primarily for automobiles and petroleum gas for consumption but not for resale.

(8)

Shopping centers and shopping malls and all other commercial, office, retail, and services.

(9)

One accessory building per lot for physical security monitoring.

(10)

All uses listed in C-1 Neighborhood Commercial and C-2 General Commercial Districts except conditional uses not explicitly identified in this section.

(d)

Height requirements. Maximum heights of any building or structure shall be 45 feet.

(e)

Off-street parking requirements shall be as provided in section 46-631.

No loading or unloading is to be conducted on public rights-of-way.

(f)

Signs. Sign limitations shall be as provided in section 46-634.

(g)

Compatibility.

(1)

The IC-MUD does not contemplate or authorize salvage yards, recycling businesses or vehicle storage facilities.

(2)

No IC-MUD shall be approved by the city council until it has been determined that the planned use is compatible with the area that it will affect.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-452. - Procedures.

(a)

(1)

Description of the general land configuration.

(2)

Proposed densities and lot sizes.

(3)

Proposed amenities.

(4)

Proposed area design regulations.

(b)

Prior to consideration of any planned development, an application must be filed with the city's building official of the planning and zoning department accompanied by a development plan.

(c)

A development plan shall include the following information:

(1)

Abutting sites and all public and private rights-of-way and easements.

(2)

The location and type of all existing and planned structures on the site.

(3)

Height of all structures.

(4)

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of residential structures.

(5)

The location of all on-site and proposed facilities for liquid and solid waste disposal.

(6)

The location of all off-street parking and loading facilities and location of lighting for the same.

(7)

The location and detail of all walls, fences, screening and landscaping, including existing and proposed tree lines. Shipping containers shall not be permissible as walls, fences, screening.

(8)

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided.

(9)

The location of all dumpsters.

(10)

The location of all fire hydrants.

(11)

The location of stormwater facilities.

(12)

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials.

(13)

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television.

(14)

The location of all signs.

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion shall accompany the application.

(e)

The procedure for hearing a request for a zoning change to IC-MUD shall be the same as for a requested change in any other district.

(f)

(g)

Minor changes in the development may be authorized by the building official when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the overall character of the development.

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot.

(3)

An increase in the intensity of use.

(4)

A reduction in the originally approved separations between buildings.

(5)

Any adverse changes in traffic circulation, safety, drainage and utilities.

(6)

Any adverse changes in such external effects on adjacent property as noise, heat, light, glare, vibration, height or proximity.

(7)

A reduction in the originally approved setbacks from property lines.

(8)

An increase in ground coverage by structures.

(9)

A reduction in the ratio of off-street parking and loading space.

(10)

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated in subsection (g) of this section, shall be processed as new application in accordance with the provision of this section.

(i)

Provision for public, private, and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the development plan.

(j)

A traffic impact analysis is required.

(k)

(l)

Industrial/Commercial Mix-Use Development zoning shall be revoked if:

(1)

Approval of the development was obtained by fraud or deception; or

(2)

One or more of the conditions set by the city council has not been met or has been violated.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-453. - Building official.

The building official shall have the authority to waive or modify the requirements of this division when in the interest of the city.

(Ord. No. 490, § 3, 7-2-2020)

Sec. 46-513.- Purpose.

(1)

To ensure that the degree of compatibility of property uses shall be maintained with respect to the special use and the surrounding uses of property in the general area;

(2)

To preserve the integrity and character of the zone in which the use will be located, and the utility and value of property in the special use zone and in the adjacent zones; and

(3)

To ensure that the use will not be or become detrimental to the public interest, health, safety, or general welfare.

Procedures.

An application for a change to SU-1 zoning must state the proposed use and must be accompanied by a plot plan showing the location and dimensions of the property.

A certification copy of the approved development plan shall be placed on file with the city clerk.

Special uses.

Airport or heliport.

Amusement park of a permanent character.

Cemetery, including, mausoleum, or crematory, provided the site contains at least five acres.

Condominiums.

Correction, detention, or penal institution.

Golf course.

Public buildings, structures, and facilities owned or operated by a political subdivision of the state.

Race track.

Shopping centers.

10.

Stadium.

11.

Townhouses.

12.

(i)

The minimum park size shall be two acres.

(ii)

The site shall be graded, drained, and free of rubbish and litter.

(iii)

The site shall have a wall, fence, or planted area six feet in height that screens the site from adjoining areas.

13.

Minor utility facilities.

Sec. 46-514. - Conditional uses (requires permit).

Conditional uses in this zone shall include:

(1)

An annual special permit requiring annual inspections of the structure with an annual permit fee that shall be established and periodically adjusted by resolution of the city council.

Owner must maintain general liability insurance covering the structure and property with limits of at least $2,000,000.00 and provide proof of insurance as part of annual inspection.

City may require tower to be designed to accept additional server facilities to provide maximize coverage and reduce the number of towers needed for service within the city.

City may require the design of the tower to blend in with the neighborhood vegetation or structures.

City may impose limits upon the height of the tower.

City may require fencing and landscaping of the tower area.

(2)

(3)

(4)

Major utility services, excluding sanitary landfills, incinerators, refuse and trash dumps.

Sec. 46-537.- Purpose.

The purpose of the Floodplain and Floodplain Overlay District is to protect persons and property from periodic flooding and to enable the city to participate in the National Flood Insurance Program.

Sec. 46-538. - Establishment of overlay district.

Sec. 46-539. - Permitted uses within floodways.

No permit to make use of land within a floodway may be issued unless the proposed used is allowed in the underlying district and in the following:

(1)

General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses.

(2)

Lawns, gardens, play areas, and other similar uses.

(3)

Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space, and other similar private and public recreational uses.

(4)

No artificial obstruction may be located within any floodway.

Sec. 46-540. - Construction restrictions.

(a)

No building permit may be issued for any development within a floodplain until the building official has reviewed the plans for any such development to ensure that:

(1)

The proposed development is consistent with the need to minimize flood damage.

(2)

All public utilities and facilities such as sewer, gas electrical, and water systems are located and constructed to minimize or eliminate flood damage.

(3)

Adequate drainage is provided to minimize or reduce exposure to flood hazards.

(4)

All necessary permits have been received from those agencies from which approval is required by federal or state law.

(5)

No structure may be constructed and no substantial improvement of an existing structure may take place within any floodway.

(6)

(b)

(c)

Sec. 46-559.- Purpose.

Sec. 46-560. - General regulations.

(a)

Area requirements. Each PUD district shall be at least five acres in size.

(b)

(c)

Compatibility. No PUD shall be approved by the city council until it has been determined that the planned use is compatible with the area that it will affect.

Sec. 46-561. - Procedures.

(a)

(1)

Description of the general land configuration.

(2)

Proposed densities and lot sizes.

(3)

Proposed amenities.

(4)

Proposed area design regulations.

(b)

Prior to consideration of any planned development, an application must be filed with the city's building official of the planning and zoning department accompanied by a development plan.

(c)

A development plan shall include the following information:

(1)

Abutting sites and all public and private rights-of-way and easements.

(2)

The location and type of all existing and planned structures on the site.

(3)

Height of all structures.

(4)

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of residential structures.

(5)

The location of all on-site and proposed facilities for liquid and solid waste disposal.

(6)

The location of all off-street parking and loading facilities and location of lighting for the same.

(7)

The location and detail of all walls, fences, screening and landscaping, including existing and proposed tree lines.

(8)

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided.

(9)

The location of all dumpsters.

(10)

The location of all fire hydrants.

(11)

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials.

(12)

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television.

(13)

The location of all signs.

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion will accompany the application.

(e)

The procedure for hearing a request for a zoning change to PUD shall be the same as for a requested change in any other district.

(f)

(g)

Minor changes in the character of the development may be authorized by the enforcing officer when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the character of the development.

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot.

(3)

An increase in the intensity of use.

(4)

A reduction in the originally approved separations between buildings.

(5)

Any adverse changes in traffic circulation, safety, drainage and utilities.

(6)

Any adverse changes in such external effects on adjacent property as noise, heat, light, glare, vibration, height or proximity.

(7)

A reduction in the originally approved setbacks from property lines.

(8)

An increase in ground coverage by structures.

(9)

A reduction in the ratio of off-street parking and loading space.

(10)

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated in subsection (g) of this section, shall be processed as new application in accordance with the provision of this section.

(i)

Provision for public, private and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the development plan.

(j)

(k)

Planned unit development zoning shall be revoked if:

(1)

Approval of the development was obtained by fraud or deception; or

(2)

One or more of the conditions set by the council has not been met or has been violated.

Sec. 46-586.- Policy.

Sec. 46-587. - Purpose.

The purpose of this division is to promote the public health, safety and general welfare, and:

(1)

To protect, enhance and perpetuate places and areas which represent distinctive and important elements of the city's historical, cultural, archeological, political and architectural history.

(2)

To promote tourism and strengthen the economy of the city.

(3)

To foster civic pride and promote the enjoyment and use of historic resources by the city's residents.

(4)

To preserve and enhance the beauty of historic areas; and to provide for new development in historic districts that is consistent with the existing historic structures.

Sec. 46-588. - Initiation of review.

Sec. 46-589. - Criteria for establishment of districts.

(1)

Recognition as a recorded state historic landmark, a National Historic Landmark, or entry on the National Register of Historic Places;

(2)

Location as the site of a significant historic event;

(3)

Identification with persons who significantly contributed to the culture and development of the city or country;

(4)

Embodiment of elements of architectural design, detail, materials, or craftsmanship that represent a significant architectural innovation;

(5)

Exemplification of the cultural, economic, social, or historical heritage of the city, or country;

(6)

Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

(7)

Embodiment of distinguishing characteristics of an architectural type of specimen;

(8)

Identification as the work of an architect or master builder whose individual work has influence the development of the city;

(9)

Relationship to other historic places or areas;

(10)

Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; and

(11)

Value as an aspect of community sentiment or public pride.

Sec. 46-590. - Establishment of districts.

(a)

(b)

Sec. 46-591. - Certificate of appropriateness.

(a)

(b)

(c)

Sec. 46-592. - Demolition or removal.

Sec. 46-593. - Penalties.

(a)

(b)

Sec. 46-601.- Purpose.

(Ord. No. 554, 11-3-2022)

Sec. 46-602. - General design principles.

(a)

(1)

That the development strategy encourages infill and redevelopment within existing neighborhoods.

(2)

That a mixture of housing types and densities be distributed throughout the GMU development.

(3)

That natural open space and agricultural lands be preserved as part of the development.

(4)

That ordinary activity of daily living occurs within walking distance of most dwellings.

(5)

That civic, institutional and commercial activity be embedded, and not isolated, in the development.

(6)

That open spaces including parks, squares, and playgrounds be included within the development.

(7)

That buildings and landscaping contribute to the physical definition of the development.

(8)

That architecture and landscape design grow from local climate, topography, and local history.

(9)

That the preservation and renewal of historic buildings be facilitated.

(b)

(1)

A mixture of housing types, jobs, shopping, services, and public facilities shall be incorporated into the development.

(2)

Residences, shops, workplaces, and other buildings interwoven within the development, all within close proximity.

(3)

Natural features and undisturbed areas that are incorporated into the open space of the development.

(4)

Well-configured squares, plazas, greens, landscaped streets, preserves, greenbelts, or parks dedicated to the collective social activity, recreation, and visual enjoyment of the neighborhood.

(5)

Buildings, spaces, and other features that act as landmarks, symbols, and focal points for community identity.

(6)

Parking, parking lots, and vehicular access shall be subordinate to the design and shall not be the focal point of any development.

(7)

Compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character and landscaping to establish a livable and harmonious environment.

(8)

Human-scale design of buildings, streets, corridors, and other public spaces is incorporated within the development.

(Ord. No. 554, 11-3-2022)

Sec. 46-603. - General regulations.

(a)

Area requirements. Defined by master zoning plan.

(b)

Setbacks. Properties within GMU development shall be defined by the master zoning plan, unless otherwise required by the city council as part of the review of the master zoning plan.

(c)

(1)

Single-family residential.

(2)

Multifamily dwellings, including, duplexes, triplexes, quadplexes, townhouses, row houses, and other dwellings with a maximum density of 15 dwelling units per acre.

(3)

Accessory structures and uses including garages, carports, private workshop, greenhouses, and other structures that are customarily incidental to the principled structures.

(4)

Public park, playground, or ball field.

(5)

Swimming pool. Permitted only when a protective fence, minimum five feet in height, is provided around the yard, lot or pool area.

(6)

Churches, clinics, schools, and religious and philanthropic institutions.

(7)

Food establishments including restaurants, cafes, coffee shops, bodegas, and food trucks.

(8)

Specialty shops (antiques, art objects and supplies, books, cameras and photo supplies, candy, gift, greeting cards, framing, coins, stationary, tobacco, and pharmacies).

(9)

Personal service shops (interior decorating, watch and jewelry repair, art gallery, museum, photography, dance or fine art).

(10)

Veterinary clinics of up to 3,000 square feet floor space excluding overnight boarding of animals.

(11)

Public building, fire stations, government offices and public libraries.

(12)

Any other neighborhood office, retail, service, or commercial use occupying no more than 3,000 square feet.

(d)

Height requirements. Maximum heights of any building or structure shall be 35 feet.

(e)

Off-street parking requirements shall be as determined by the master zoning plan. No loading or unloading is to be conducted on public rights-of-way.

(f)

Signs. Sign shall be as determined by the master zoning plan.

(g)

Compatibility.

(1)

(2)

No GMU shall be approved by the city council until it has been determined that the planned uses are compatible with the area that it will affect.

(Ord. No. 554, 11-3-2022)

Sec. 46-604. - Procedures.

Master Zoning Plan (MZP).

(a)

(b)

The master zoning plan shall include the following information:

(1)

Legal description of area proposed to be developed or metes and bounds description;

(2)

Total acreage as depicted on a survey;

(3)

Building footprints and layout of each proposed land use, labeled and color coded as per the city's zoning map;

(4)

Maximum proposed total number of dwelling units for all residential land uses combined;

(5)

Maximum proposed total floor area for all nonresidential land uses combined, expressed in square feet.

(6)

Abutting sites and all public and private rights-of-way and easements.

(7)

Height of all structures.

(8)

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of all structures.

(9)

The location of all off-street parking and loading facilities and location of lighting for the same, numbered and labeled.

(10)

The location and detail of all walls, fences, screening and landscaping, including existing and proposed tree lines. Shipping containers shall not be permissible as walls, fences, screening.

(11)

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided.

(12)

The location of all dumpsters.

(11)

The location of all fire hydrants.

(13)

The location of stormwater facilities.

(14)

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials.

(15)

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television.

(16)

The location of all signs and sign design by type and size.

(17)

A table or list depicting the proposed land use type, park, open space, trail and school site (as applicable).

(c)

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion shall accompany the application.

(e)

The procedure for hearing a request for a zoning change to GMU shall be the same as for a requested change in any other district.

(f)

(g)

Minor changes in the development may be authorized by the city planner when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the overall character of the development.

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot.

(3)

An increase in the intensity of use.

(4)

A reduction in the originally approved separations between buildings.

(5)

Any adverse changes in traffic circulation, safety, drainage and utilities.

(6)

Any adverse changes in such external effects on adjacent property as noise, heat, light, glare, vibration, height or proximity.

(7)

A reduction in the originally approved setbacks from property lines.

(8)

An increase in ground coverage by structures.

(9)

A reduction in the ratio of off-street parking and loading space.

(10)

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated in subsection (g) of this section, shall be processed as new application in accordance with the provision of this section.

(i)

Provision for public, private, and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the MZP.

(j)

A traffic impact analysis may be required.

(k)

(l)

General mixed used development zoning shall be revoked if:

(1)

Approval of the development was obtained by fraud or deception; or

(2)

One or more of the conditions set by the city council has not been met or has been violated.

(Ord. No. 554, 11-3-2022)

Sec. 46-605. - City planner.

The city planner shall have the authority to waive or modify the requirements of this division when in the interest of the city.

(Ord. No. 554, 11-3-2022)