(a)

Purpose. This district is intended to provide for the agricultural use of land while recognizing the district has the capability in terms of land and accessibility to facilities, services and utilities to accommodate low density residential development of the land due to the close proximity of the city.

(b)

Definitions.

Animal feed lot, shall mean a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of this Code, open lots used for the feeding and rearing of poultry shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots.

Animal manure, shall mean poultry, livestock, or other animal excreta or a mixture of excreta with feed, bedding, or other materials.

Animal unit is a unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of this section the following equivalents shall apply to reflect a maximum density of one animal unit per acre.

(1)

One mature dairy cow, 1.4 animal unit;

(2)

One slaughter steer or heifer, 1.0 animal unit;

(3)

One horse, 1.0 animal unit;

(4)

One swine over 55 pounds, 0.5 animal unit;

(5)

One sheep or one goat, 0.5 animal unit;

(6)

One swine under 55 pounds, 0.4 animal unit;

(7)

One duck or one goose, 0.04 animal unit;

(8)

One chicken or other fowl, 0.02 animal unit;

(9)

One turkey, 0.04 animal unit;

For animals not listed in items (1)—(9), the number of animal units shall be defined as the average weight of the animal divided by 1,000 pounds.

(c)

Permitted uses and structures. No building or premise shall be used and no building shall be erected or structurally altered unless for one or more of the following uses:

(1)

Any form of agriculture including the raising of crops, horticultural uses, animal husbandry, poultry husbandry; but excluding commercial auction yards and barns and animal feed lots.

(2)

Bulk grain storage either publicly or privately owned or managed;

(3)

Irrigation and flood control projects;

(4)

Single-family dwellings; and single family attached;

(5)

Signs subject to the following provisions:

a.

Each sign shall have a maximum surface area of 80 square feet;

b.

Each sign shall have a maximum width of ten feet and a maximum height of eight feet;

c.

The highest point of any sign shall not extend more than 20 feet measured from ground level at its supports;

d.

Each sign shall be no less than 300 feet from any other sign erected on the same side of a street from which signs are intended to be read;

e.

Each sign shall not be closer than 50 feet from a street intersection at grade;

f.

Each sign shall not be closer than 50 feet from the street or road right-of-way to a point 15 feet beyond the right-of-way.

(6)

Recreational camps operated by public, charitable or religious organizations.

(d)

Accessory uses and structures. The following accessory uses and structures shall be permitted:

(1)

Accessory uses and structures normally appurtenant to the permitted uses and structures and to uses and structures permitted as exceptions;

(2)

Roadside stands for the sale of agricultural products, produced and grown on site.

(e)

Exception. The city council may permit the following conditional uses as exceptions in the AG transitional agriculture district, upon receipt of properly filed written request.

(1)

Home occupations and professional offices;

(2)

Single-family dwelling subdivisions in compliance with rural residential subdivision specifications below;

(3)

Nursing homes, congregate residence, group and family daycare;

(4)

Public and private open recreational facilities, operated for profit or otherwise, such as golf courses, country clubs with appurtenant pro shops, including restaurants and liquor sales subject to local ordinances, golf driving ranges, archery ranges, swimming pools, riding academies, parks recreational camps, recreational vehicle campground, and community centers.

(5)

Public utility and public service structures including electric transmission lines and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, elevated pressure tanks, and reservoirs;

(6)

Public and quasi-public educational or religious uses, including public and parochial elementary schools, junior high schools, high schools and colleges, churches, parsonages and other religious institutions;

(7)

Private non-commercial clubs and lodges;

(8)

Airports and heliports including crop dusting strips.

(9)

Agricultural service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis including corn shelling, hay bailing, and thrashing services; contract sorting, grading and packaging fruits and vegetables for the grower; agricultural product milling and processing; horticultural services such as plant nurseries, landscape gardening, landscape contracting; establishments engaged in performing services such as crop dusting, fruit picking, grain cleaning, land leveling, harvesting, and plowing; farm equipment service and repair; veterinary services; commercial auctions yards and barns; bulk storage of petroleum products for distribution or direct sales to agricultural consumers

(10)

Guest ranches, drive-in theaters, racetracks, or strips used for the racing of horses, automobiles or motorcycles, stadiums for contest for football, baseball, soccer, track and field and other sporting events

(11)

Community facilities and institutions including monasteries, convents, and other religious institutions; public and private philanthropic and charitable institutions; cemeteries; hospitals; sanitariums; nursing homes and rest homes;

(12)

Public uses of an administrative, public service or cultural type including city, county, state, or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other buildings, structures and facilities;

(13)

Correctional facilities to include, group homes, camps, sanctioned by the Nebraska Department of Corrections;

(14)

Sewage treatment plants for primary and secondary treatment; public and private sanitary land fills; for public projects;

(15)

Rock, sand, and gravel extraction and processing sites;

(16)

Commercial kennels;

(17)

Gas and oil wells;

(18)

Radio and television broadcasting studios and transmitting structures.

(f)

Conditions for granting exceptions. Notwithstanding the requirements of this chapter, the following regulations shall apply as minimum requirements for granting exceptions in AGT transitional agricultural district:

(1)

No residential structure other than that of the owner, operator, or employee shall be located within 1,000 feet of an existing feedlot or its related run off control facility.

(2)

No residential structure shall be located within 1,320 feet of a wastewater lagoon or an area where wastewater is applied to land, or within 600 feet of a mechanical wastewater treatment plant.

(3)

New irrigation wells shall be located no closer than ten feet from established road rights-of-way, except that at county, state or federal road intersections, such wells must be located no closer than 70 feet from the nearest intersection of established rights-of-way.

(4)

New windbreaks consisting of planted trees and/or shrubs shall be located no closer than 30 feet from established road rights-of-way, except that at county, state, or federal road intersections, such windbreaks must be located no closer than 70 feet from the nearest intersection of established rights-of-way.

(g)

Lot requirements.

(1)

The minimum lot area for single-family dwellings, which are NOT properly connected to a public water system, shall be two acres.

(2)

The minimum lot area for single-family dwellings, which ARE provided with, and properly connected to, a public water system, shall be one acre.

(3)

The minimum lot area for uses prescribed as exceptions shall be two acres, subject to the approval of the city council.

(4)

The minimum lot width at the front building line shall be 100 feet for lots, which are supplied by a public water system. The minimum lot width at the front building line shall be 200 feet, for lots, which are not supplied by a public water system.

(h)

Yard requirements.

(1)

Setback: There shall be a minimum front yard of not less than a depth of 100 feet from the center line of a federal aid-primary or federal aid-secondary designated street or highway or 35 feet from the property line, whichever is greater. On all other streets or highways there shall be a minimum front yard of not less than a depth of 80 feet from the center line of the street or highway or 35 feet from the adjacent right-of-way easement boundary, whichever is greater. These yard requirements shall apply to any yard abutting a federal-aid primary or federal-aid secondary designated street or any designated public right-of-way regardless of whether the lot is an interior or corner lot.

(2)

Rear yard: There shall be a minimum rear yard of not less than a depth of 30 feet.

(3)

Side yard: There shall be a minimum side yard of not less 15 feet.

(4)

Accessory buildings shall maintain the same setbacks as the principal structure for corner lots and through lots, as outlined in number (1) of this section, and shall maintain ten feet from an interior lot line or rear lot line. Accessory buildings shall maintain a two-foot setback from all easement boundaries.

(i)

Maximum lot coverage. The maximum lot coverage shall not exceed 30 percent of the total lot area.

(j)

Maximum height. The height of all structures shall not exceed 35 feet subject to the provisions of this chapter.

(k)

Potable water supply and onsite waste water treatment facilities. Potable water supply and onsite waste water treatment facilities shall be installed and maintained in accordance with the regulations as promulgated by the Nebraska Department of Environmental Quality and/or other applicable governing bodies.

(Ord. of 11-8-99; Ord. No. 2002-3, § 1, 3-11-02)

(a)

Purpose. This district is intended to provide for development of single family and single family attached dwellings and uses which require a residential environment, and for flexibility to provide for rural residential subdivisions within the zoning jurisdiction, outside of the corporate limits, but which may become part of the city at a future date, and to provide for the orderly transition from rural to urban settings.

(b)

Permitted uses and structures. No building or premise shall be used and no building shall hereafter be erected or structurally altered unless for one or more of the following uses:

Single-family dwelling detached or attached two-family dwelling, gardening, keeping of domestic pets excluding farm animals, and non-commercial conservatory for plants and flowers.

(c)

Exception. The city council may permit the following conditional uses as exceptions in the rural residential subdivision district, upon receipt of properly filed written request.

(1)

Church, college, community building, public library, public museum, school, provided, the word school as used in this section shall not include vocational or trade schools for abnormal adults or children or institutions other than those required for children to attend, that is, primary, secondary, and high schools as the term is ordinarily used;

(2)

Public park, public playground, public recreation building, school or college stadium or college stadium or athletic field, or golf course;

(3)

Railway right-of-way, not including railway yards;

(4)

Farming, nursery, gardening, and non-commercial conservatory for plants and flowers;

(5)

Private club;

(6)

Branch telephone exchanges, or buildings for public service corporations or for public utility purposes, which the city council declares reasonably necessary for the public convenience or welfare;

(7)

Licensed day care centers.

(8)

Keeping or raising of farm animals, including but not limited to, horses, cows, sheep, goats, ducks, chickens, pigeons, turkeys, and other such animals.

(9)

Assisted living facility.

(10)

Bed and breakfast facility.

(11)

Congregate residence.

(12)

Convalescent center.

(13)

Daycare, group and family.

(14)

Golf course.

(15)

Nursing home.

(16)

Kennel.

(17)

Library.

(18)

Neighborhood recreation or youth center.

(19)

Recreation facility indoor and outdoor.

(20)

Recreational camp.

(21)

Recreational vehicle campground.

(22)

Religious, cultural and fraternal activity.

(23)

School, public and private pre K through 12th grade, and administrative educational buildings.

(24)

Utilities, public and private service structures including electric transmission lines and distribution substations, gas regulator stations, communications, equipment buildings, public service pumping stations, elevated pressure tanks and reservoirs.

(d)

Lot requirements. Same as AGT.

(e)

Yard requirements. Same as AGT.

(f)

Street rights-of-way. All rights-of-way shall be:

(1)

No less than 66 feet in width.

(2)

Street surfacing shall be Portland concrete cement of a minimum width of 30 feet from curb to curb and in compliance with all city specifications.

(g)

Exceptions. The developer, at his option, may provide for street rights-of-way which are not less than 66 feet, and install gravel or other aggregate surface on such roadways provided that the roadways are not dedicated to the public at the time the subdivision is created and that a perpetual maintenance agreement is filed with the subdivision plat at the time of the approval and made a part of the developer's agreement.

(h)

Potable water supply and onsite waste water treatment facilities. Same as AGT.

(Ord. of 11-8-99; Ord. No. 2002-3, § 1, 3-11-02)

(a)

Allowable R zone uses shall be:

(1)

Division 1. Any one-family dwelling including private garages which are accessory to the residence.

(2)

Division 2. Any use permitted in the R, Division 1 zones and two-family dwellings.

(3)

Division 3. Any use permitted in the R, Division 2 zones and apartment houses, condominiums, townhouses, planned group dwelling and multiple dwellings.

(4)

Division 4. Mobile home court. (Refer to existing code)

(5)

Division 5. Multifamily dwellings and apartment houses four or more stories in height.

(b)

Exception. The city council may permit the following conditional uses as exceptions in the R zoning districts, upon receipt of properly filed written request.

(1)

Assisted living facility.

(2)

Bed and breakfast facility.

(3)

Cemetery.

(4)

Church.

(5)

Congregate residence.

(6)

Convalescent center.

(7)

Day care and/or group care facility.

(8)

Golf course.

(9)

Nursing home.

(10)

Library.

(11)

Mortuary (funeral home).

(12)

Neighborhood recreation/youth center.

(13)

Recreation indoor and outdoor.

(14)

Recreational camp.

(15)

Recreational vehicle campground.

(16)

Rehabilitation center.

(17)

Religious, cultural and fraternal activity.

(18)

School, public and private pre K through 12th grade, and administrative educational buildings.

(19)

Utilities, public and private service structures including electric transmission lines and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, elevated pressure tanks and reservoirs.

(b)

Bulk regulations. The minimum area, setbacks, density and maximum height shall be as prescribed in Table 5-A.

(c)

Exception. See section 130-124.

R Zone Build Regulations*

(In feet unless noted otherwise)

Where the side yard setback requirements of this section will produce substantial irregularities due to variations in platting, the minimum side yard setback shall be as originally platted, but in no case less than five feet.

The side yard setback between individual dwelling units of townhouses and two-family dwellings may be reduced to zero to provide for individual ownership of each dwelling unit.

(Ord. of 11-8-99, § 501; Ord. of 11-8-99, Table 5-A; Ord. No. 2002-3, § 1, 3-11-02; Ord. No. 2005-22, §§ 2—4, 7-11-05)

(a)

Allowable C zone uses shall be:

(1)

Division 1—Intent and purpose. The intent of the Division 1 and Division 2 zoning districts is to allow retailing and personal service entities, which are needed for servicing the day-to-day needs of the residents of the surrounding area and are compatible with adjoining residential uses.

Allowable Uses:

1.

Administrative educational buildings.

2.

Assisted living facility.

3.

Automotive self service station.

4.

Bakery and pastry shops (retail only).

5.

Bank.

6.

Bed and breakfast facility.

7.

Churches.

8.

Clubs, community and fraternal.

9.

Commercial center (convenience).

10.

Congregate residence.

11.

Convalescent center.

12.

Convenience store.

13.

Day-care center and/or group care facility.

14.

Drug and prescription stores.

15.

Equipment rental services with no outside storage.

16.

Gift florists and souvenir shops.

17.

Hobby shops.

18.

Hotels and motels.

19.

Laundromat.

20.

Library.

21.

Liquor store.

22.

Medical dental and health clinics.

23.

Microbrewery.

24.

Mortuary (funeral home).

25.

Museum.

26.

Office.

27.

Parking garage, commercial.

28.

Physical fitness centers.

29.

Nursing home.

30.

Rehabilitation center.

31.

Restaurant.

32.

Retail, small scale.

33.

School, public and private.

34.

Utilities, public and private service structures including electric transmission lines and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, elevated pressure tanks and reservoirs.

35.

Other similar light commercial, retail or personal service uses servicing the day-to-day needs of the residents of the surrounding area.

(2)

Division 2—Intent and purpose. See intent and purpose Division 1.

Allowable Uses:

1.

Any use permitted in the C, Division 1 zone.

(3)

Division 3—Intent and purpose. The intent of the Division 3 zoning district is to group retail merchandising, service businesses and other similar uses to serve the general shopping and service needs of the community.

Allowable Uses:

1.

Any use permitted in the C, Division 2 zoning district.

2.

Appliance sales and service.

3.

Animal hospital.

4.

Automotive accessories.

5.

Automotive oil and lubrication centers.

6.

Automotive repairs, minor.

7.

Automobile service station.

8.

Bakery with retail sales and straight truck deliveries.

9.

Bowling alley.

10.

Car wash.

11.

Cocktail lounge and tavern.

12.

Computer and other business equipment sales, service and rental.

13.

Dance hall, discotheque.

14.

Department store.

15.

Dry-cleaning.

16.

Feed and seed stores without elevators.

17.

Furniture and home furnishing sales.

18.

Hospital.

19.

Indoor skating rinks.

20.

Industrial or research park PUD.

21.

Kennel and pet grooming when all activities are conducted within an enclosed building.

22.

Newspaper and printing plant.

23.

Self-storage centers.

24.

Supermarkets and grocery store.

25.

Theaters.

26.

Tire repair.

27.

Wholesale outlet.

28.

Other similar light commercial uses conducted completely within an enclosed building.

(4)

Division 4—Intent and purpose. The intent of the Division 4 zoning district is to provide a broad range of general sales and service businesses conducted entirely within an enclosed structure or sufficiently screened from all public rights-of-way and other areas as determined by the code official and/or the governing body. (See screening requirements Part III, article 1)

Allowable Uses:

1.

Any uses permitted on the C, Division 3 zoning district.

2.

Automobile repair shops, major.

3.

Agricultural implement sales and service.

4.

Auto body.

5.

Bakery plants.

6.

Boat sales service and rental.

7.

Bottling works.

8.

Construction equipment rental and sales with outside storage.

9.

Distributors.

10.

Kennels with outdoor facilities.

11.

Frozen food warehouse.

12.

Greenhouses and nurseries with retail and wholesale.

13.

Heavy equipment sales, service and rental.

14.

Lumberyards.

15.

Machine shops.

16.

Machinery sales, service and rental.

17.

Mobile home sales and services.

18.

Motorcycle sales and service.

19.

Motor vehicle sales (see subsection 130-101(d)).

20.

Product distribution centers.

21.

Radiator repair.

22.

Sheet metal fabrication.

23.

Sign printing and manufacturing.

24.

Stadiums and arenas.

25.

Storage yards.

26.

Truck and trailer sales and service.

27.

Tractor trailer sales, service and rental.

28.

Warehouse and storage building for the storage of non-hazardous materials.

29.

Woodworking shops.

30.

Other similar heavy commercial, large-scale retail, commercial and wholesale uses.

(b)

Exception. The city council may permit the following conditional uses in any C zoning district, upon receipt of properly filed written request.

(1)

R zoning district uses.

(2)

Outdoor amusements such as amusement parks, permanent carnival and kiddy parks, miniature golf and putt courses, driving ranges and golf courses, and other similar uses.

(3)

Recreation indoor and outdoor.

(4)

Recreational camp.

(5)

Recreational vehicle campground.

(6)

Cemetery.

All residential structures located within a C Zone shall be classified as "allowable nonconforming structures". Property owners must apply for a conditional use permits to the city council, at such time the property owner wishes to alter, expand or create additions to such structures, or such time the structures are damaged in excess of 50 percent of their accessed value. When the cost of additions, alterations, expansions or damages are less than 50 percent of the structures accessed value, no conditional use permit shall be required.

(c)

Bulk regulations. The minimum area, setbacks, density and maximum height shall be as prescribed in Table 6-A.

(d)

Motor vehicle sales lot location. All motor vehicle sales lots located in a C-4 zoning district shall be visible from, and located wholly or partially within, 1,000 feet of the Highway 77 Bypass right-of-way or other locations as approved by the city council.

(Ord. of 11-8-99, § 601; Ord. No. 2002-3, § 1, 3-11-02)

C Zone Build Regulations*

(in feet unless noted otherwise)

*See Uniform Building Code for building limitations and exceptions.

**Maximum building height may be other than stated above with city council approval.

(Ord. of 11-8-99, Table 6-A; Ord. No. 2002-3, § 1, 3-11-02)

(a)

Allowable M zone uses shall be:

(1)

Division 1—Intent and purpose. The Division 1 zoning district is intended for the purpose of allowing light industrial uses involving the manufacturing, compounding, processing, assembly, packaging, or testing of goods or equipment, conducted entirely within an enclosed structure or sufficiently screened from all public rights-of-way and other areas as determined by the code official and/or governing body. Such allowable uses shall impose a negligible impact on the surrounding environment by obnoxious or offensive odor, noise, vibrations, smoke, dust, gas or other pollutants.

Allowable Uses:

1.

Any use permitted in the C zoning district.

2.

Boat manufacturing.

3.

Contractor storage yards.

4.

Tow yards.

5.

Other similar light manufacturing and light industrial uses.

(2)

Division 2—Intent and purpose. The Division 2 zoning district is intended for the purpose of allowing medium industrial uses involving the manufacturing, compounding, processing, assembly, packaging, or testing of goods or equipment conducted entirely within an enclosed structure or open yard which do not create obnoxious or offensive fumes, odor, smoke, gas or other pollutants.

Allowable Uses:

1.

Any use permitted in the M, Division 1 zone.

2.

Asphalt mix plants.

3.

Breweries.

4.

Carpet manufacturing.

5.

Concrete batch plants.

6.

Concrete crushing.

7.

Grain storage.

8.

Lumber mills.

9.

Monument works.

10.

Pallet manufacturing.

11.

R zoning district uses which may be allowed only by conditional use permit granted by the governing body.

12.

Other similar uses.

(3)

Division 3—Intent and purpose. The Division 3 zoning district is intended for the purpose of allowing heavy industrial uses involving the manufacturing, compounding, processing, assembly, packaging or testing of goods or equipment which generally are not compatible with residential or commercial uses and which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or vibrations.

Allowable Uses:

1.

Any use permitted in the M, Division 2 zone.

The governing body may allow the following uses in the M3 zoning district only by "conditional use permit" (refer to Part III, article 5). Special conditions may be imposed as the governing body deems necessary including, but not restricted to, setbacks, landscaping, screening, fencing, maintenance provisions and other similar requirements. Prior to granting the conditional use permit, the planning commission and city council will consider the effect(s) such proposed uses will have on the adopted comprehensive plan, the health, safety, comfort and general welfare of the inhabitants of the community.

2.

Alcohol manufacturing.

3.

Anhydrous ammonia storage.

4.

Cement, lime or gypsum manufacturing.

5.

Cemetery.

6.

Cotton gin.

7.

Crematory.

8.

Curing or storage of rawhides or skins.

9.

Distillation of bones.

10.

Fat rendering.

11.

Foundry.

12.

Glue manufacturing.

13.

Liquid fertilizer manufacturing and bulk storage.

14.

Manufacturing or storage of bulk oil, gas and explosives.

15.

Meat, poultry or fish processing and packaging.

16.

Milling or smelting or ores.

17.

Paper manufacturing.

18.

Petroleum refining.

19.

Quarry.

20.

Salt works.

21.

Sanitary landfill and waste disposal processing plant.

22.

Sewage treatment plant.

23.

Slaughter house.

24.

Stock yards.

25.

Tanning hides.

26.

Warehouse or storage house used for the storage of hazardous products and materials.

27.

And other uses which may be noxious or offensive by reason of emission of odor, dust, smoke, gas, noise, or vibration.

(4)

Division 4. Wrecking yards and recycling centers regulations and restrictions.

1.

All proponents of rezoning to this zoning district shall submit a site plan for the proposed development as an exhibit accompanying the request or petition for zoning change.

2.

The planning commission and/or the city council may request a market analysis to be submitted by the proponent of and such rezoning change to substantiate the necessity, size and location of the proposed development.

3.

The site plan submitted with the request for zoning change shall become an exhibit accompanying the ordinance authorizing the zoning change. If approved, such ordinance and plan shall be filed for record in the office of the register of deeds and shall form the basis for issuance of any building permits.

Exception. The city council may permit regional recycling centers in any M zoning district, as a conditional use, upon receipt of properly filed written request.

(5)

Division 4 Regulations.

(a)

Special provisions. The entire parcel of land in an M-4 zone shall be considered as one zoning lot for the purposes of arranging buildings and other facilities.

(b)

Miscellaneous provisions. The planning commission and the city council shall take into consideration the ability of nearby streets and roads to accommodate traffic generated by the proposed development in a M-4 zone and shall further take into consideration the effects upon visibility, topography, and adjacent land use prior to approving a M-4 zoning classification.

(c)

Abandonment or noncompliance. The owner or occupant of any area designated as a M-4 zone shall, within one year of the proposed change, complete all construction required for the operation of the wrecking yard as required by this ordinance and any applicable licensing or regulation ordinance of the city, and such wrecking yard shall be operational as proposed within three years of approval of said ordinance. If such operation is not commenced and pursued in an orderly manner toward completion within these time limitations, the planning commission and/or city council may initiate action to abolish the zoning and reduce the size of the tract to fit the scope of the actual development. It is intended that a M-4 zone be designated to carry out the objectives of the planning practices established by the planning commission and city council for development of the municipality and be so developed within a reasonable time. It is hereby declared that the ownership and holding for speculative purposes of undeveloped land zoned as a M-4 zone is contrary to the purposes of said planning practices established by the planning commission and city council. In addition, the planning commission and city council may initiate action to abolish the zone in the event that the owner or operator of said premises does not comply with applicable city ordinances concerning the licensing and regulation of wrecking yards.

(d)

Screening. See Part III, article 1 for screening requirements.

(e)

Bulk regulations. The minimum area, setbacks, density and maximum height shall be as prescribed in Table 7-A.

(Ord. of 11-8-99, §§ 701, 702; Ord. No. 2002-3, § 1, 3-11-02)

M Zone Build Regulations*

(in feet unless noted otherwise)

*See Uniform Building Code for building limitations and exceptions.

**Maximum building height may be other than stated above with city council approval.

(Ord. of 11-8-99, Table 7-A)

(a)

Intent. The mixed use (MU) district is intended to accommodate projects that combine several compatible land uses into an integrated development and to allow for flexibility in the siting of buildings and the layout of lots. The district permits mixing residential areas with workplaces and services. Development in the MU district must accommodate diverse transportation systems, including pedestrian and bicycle movement, and integrate them with surrounding environments. All projects developed in an MU District are subject to approval of a development agreement.

(b)

Permitted Uses.

(1)

A change of zone ordinance establishing an MU district shall define the use types permitted within its boundaries. Reference to a mixed use development agreement is acceptable to meet this requirement so long as the change of zone ordinance and the mixed use development agreement are approved contingent upon each other.

(2)

Each MU district should contain use types within at least two use categories. Use categories shall be limited to residential, civic, office, and commercial uses. No single use category should account for more than 80 percent of the building area or net developable land area of an MU District. Net developable land area includes the land area of a development excluding dedicated public streets, private streets, or other dedicated public land.

(c)

Site development regulations.

(1)

Prior to the issuance of any building permits or other authorization, all projects in the MU district shall receive approval by the city council through the adoption of a mixed use development agreement.

(2)

Applications for a mixed use development agreement must contain at a minimum the following information:

a.

A detailed site map, including:

1.

A boundary survey.

2.

Site dimensions.

3.

Contour lines at no greater than five-foot intervals.

4.

Adjacent public rights-of-way, transportation routes, and pedestrian and bicycle systems.

5.

Description of adjacent land uses.

6.

Utility service to the site and easements through the site.

7.

Description of other site features, including drainage, soils, environmental factors or other considerations that may affect development.

b.

A development plan, including:

1.

A site layout, including the location of proposed buildings, parking, open space and other facilities.

2.

Location, capacity and conceptual design of parking facilities.

3.

Description of the use of individual buildings.

4.

Description of all use types to be included in the project or area, and maximum floor area devoted to each general use.

5.

Maximum height of buildings.

6.

Schematic location and design of open space on the site, including a landscaping plan.

7.

Vehicular and pedestrian circulation plan, including relationship to external transportation systems.

8.

Schematic building elevations and sections if required to describe the project.

9.

Grading plans.

10.

Proposed sewer and utility improvements.

11.

Location, size and type of all proposed signage.

c.

Specific proposed development regulations for the project, including:

1.

The specific use types permitted within the proposed district.

2.

Maximum floor area ratios.

3.

Front, side and rear yard setbacks.

4.

Maximum height.

5.

Maximum building and impervious coverage.

6.

Design standards applicable to the project.

d.

A traffic impact analysis, if required by the city.

e.

An application for a mixed use development agreement shall include an editable draft agreement (in Microsoft Word format, unless otherwise approved by the planning director). Attachments, such as maps and illustrations, may be provided as separate files in any digitally reproducible format approved by the planning director.

(d)

Adoption of MU district.

(1)

The planning commission and city council shall review and evaluate each proposal or application for an MU district. The city may impose reasonable conditions as deemed necessary to ensure that projects within an MU district are compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare of the community.

(2)

The planning commission, after proper notice, shall hold a public hearing and act upon each application.

(3)

The planning commission may recommend amendments to MU district applications.

(4)

The recommendation of the planning commission shall be transmitted to the city council for final action.

(5)

The city council, after proper notice, shall hold a public hearing and act upon any ordinance establishing an MU district. Proper notice shall mean the same notice established for any other zoning amendment.

(6)

An ordinance adopting an MU district shall require a favorable simple majority of the city council for approval; however, the favorable vote of three-fourths of the city council shall be required if the planning commission has recommended denial to the change of zone to the MU district.

(7)

Any approval of an MU district shall be contingent upon the approval by city council of a mixed use development agreement.

(8)

The city shall not issue a building permit, certificate of occupancy or other permit for a building, structure or use within an MU district unless it is in compliance with the approved mixed use development agreement, including any approved amendments.

(e)

Amendment procedure.

(1)

The planning director is authorized at his/her discretion to approve minor amendments to an approved development plan within a mixed use development agreement, provided that:

a.

A written request, amendment application, and fee are filed with the planning director, along with information specifying the exact nature of the proposed amendment.

b.

The amendment is consistent with the provisions of this article.

c.

The amendment does not materially alter the approved site regulations of the development plan and does not materially alter other aspects of the plan, including traffic circulation, mixture of use types and physical design.

d.

Any amendment not conforming to these provisions shall be submitted to the planning commission and city council for action.

(Ord. No. 2016-3, § 1, 4-11-16)