Southside City Zoning Code

ARTICLE IV.

ZONING DISTRICT REQUIREMENTS

Sec. 30-137.- Establishment of zoning districts.

For the purpose of this article, the city is hereby divided into the type of districts designated as follows:

(1)

Regular districts.

AG	Agricultural
RT	Rural Transitional
R-1	Single-family Residential
R-2	Medium Density Residential
R-3	Multifamily Residential
MHP	Mobile Home Park
VC	Village Center
B-1	Neighborhood Business
B-2	Highway Commercial
M-1	Light Manufacturing

(2)

Special districts.

FHA	Flood Hazard Area
PD	Planned Development
RSC	Regional Shopping Center

(Ord. No. 0-231-04, art. V(§ 1), 3-22-2004)

Sec. 30-138. - Zoning district boundaries.

The boundaries of the various zoning districts are hereby established as shown on the zoning map. The zoning map includes a base map which identifies the location of the regular districts and an overlay to the base map which outlines the boundaries of the special districts. The zoning map and all explanatory matter thereon accompany and are hereby made a part of this article. Official copies of the zoning map shall be on file in the office of the city clerk.

(Ord. No. 0-231-04, art. V(§ 2), 3-22-2004)

Sec. 30-139. - Interpretation of zoning district boundaries.

Where uncertainty exists as to the boundaries of any district shown on said maps, the following rules shall apply:

(1)

Where boundaries are indicated as approximately following jurisdictional limits or platted lot lines or other property lines, such lines shall be construed to be such boundaries.

(2)

Where boundaries are indicated as approximately following streets, alleys, rights-of-way, or railroads, such boundaries shall be construed to follow the centerlines of such streets, alleys, rights-of-way, or railroads.

(3)

Where boundaries are indicated as approximately following shorelines of lakes or ponds, such boundaries shall be construed to follow the mean high-water lines of such lakes or ponds. In the event of a change in the mean high waterline, the boundaries shall be construed as moving with the actual mean high waterline.

(4)

Where boundaries are indicated as approximately following streams, rivers, or other perennial watercourses, such boundaries shall be construed to follow the centerline of such waterways as determined by the mean high-water mark along opposing banks. In the event of a natural change in the location of such waterways, the district boundary shall be construed as moving with the centerline.

(5)

Where boundaries are indicated as being separate from but approximately parallel to any features listed in subsections (1) through (4) of this section, such boundaries shall be construed as being parallel to and at such distance as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.

(6)

In unsubdivided property or tracts where a district boundary divides a lot, the location of such boundary, unless same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map.

(7)

Where a public road, street, or alley shown on the zoning map is officially vacated or abandoned, the regulations applicable to the property to which the right-of-way reverts shall apply to the vacated or abandoned road, street, or alley.

(8)

In case any further uncertainty exists, the board of adjustment shall determine the location of boundaries. The board of adjustment may also cause to be prepared sectional maps of any part of the city which will interpret the exact location of the district boundaries, following the guidelines contained in the preceding subsections.

(Ord. No. 0-231-04, art. V(§ 3), 3-22-2004)

Sec. 30-140. - Interpretation of uses.

Where doubt exists as to whether a new or previously unclassified use is similar in nature to the permitted uses identified in this article, the board of adjustment shall approve or deny the location of the unclassified use in question. In making such a determination, the board of adjustment shall consider the extent to which the proposed use is consistent with the intent of the zoning district and determine the specific permitted use within the zoning district that is most similar in impact and characteristics to the proposed new use. However, in no instance shall the board of adjustment interpret a proposed use as being permitted in one district, when the use is more similar in impact and characteristics to a use that is permitted exclusively in another district. The following procedures to establish consistency of unclassified uses shall be observed:

(1)

Determination by board of adjustment. If compatible with the existing zoning district intent, the unclassified use shall be permitted by special exception upon approval of and subject to the conditions set by the board of adjustment. Such conditions of approval shall be established to prevent undue impacts of the new use on surrounding uses, and shall be limited to:

Special setback requirements;

Special buffer or fencing requirements;

Special lighting requirements to prevent excessive glare on neighboring properties;

Special parking requirements;

Special landscaping requirements;

Special limitations on signage;

Special limitations on traffic access points to the property; and

Special stormwater management requirements.

(2)

Rezoning required. If the unclassified use is deemed to be incompatible with the existing zoning district intent, the enforcement officer shall recommend the most appropriate district classification and shall require the applicant to seek rezoning of the property in question, before the proposed use can be conducted on the property. In addition, the unclassified use shall be permitted by special exception in the district to which the property was rezoned. upon approval of and subject to the conditions set by the board of adjustment.

(3)

Amendment of permitted uses. Following the final action on the unclassified use, as subsections (1) or (2) of this section may require, the planning commission may initiate an amendment to this article to add the newly permitted use to the list of permitted uses in the appropriate zoning district.

(Ord. No. 0-231-04, art. V(§ 4), 3-22-2004)

Sec. 30-141. - AG Agricultural zoning district.

(a)

District intent. The purpose of this district shall be to encourage very low density single-family residential development in outlying rural areas of the community characterized by active forestry and agricultural uses, but are just beginning to be developed. These areas typically lack full access to municipal infrastructure, or are located upon or near sensitive natural resources.

(b)

Permitted uses. The following identifies the uses permitted in the AG Agricultural zoning district:

(1)

Single-family dwellings.

(2)

Single-family manufactured homes on individual lots, subject to the applicable requirements specified in section 30-77.

(3)

Accessory residential dwelling units in compliance with all requirements specified in section 30-80.

(4)

Single-family group homes, subject to the standards established in sections 30-6 and 30-76.

(5)

Accessory uses and buildings, subject to the standards established in section 30-34.

(6)

Home occupations, subject to the standards established in section 30-78.

(7)

Cottage industries, subject to the standards established in section 30-78.

(8)

In-home child care centers, subject to the standards established in section 30-85.

(9)

Commercial (for profit or public sale) agricultural, dairying, and poultry and livestock raising, provided that such activities comply with all applicable best management practices promoted by the U.S. Department of Agriculture, the subject lot contains not less than three acres of land, and all buildings used for housing fowl or animals, storing grain or feed, or processing products shall not be located closer than 100 feet to any property line of a property zoned R-1, R-2, R-3, MHP or PD; 50 feet to any other property line that is not zoned AG; or 30 feet to any other property line within the AG zone. Permitted commercial agricultural uses shall not include commercial feed lots or stock yards.

(10)

Sale of products and commodities raised or grown on the premises only, provided that any structure used for such sales shall not be closer than 30 feet to the front or side property lines.

(11)

Non-commercial (for personal use by the property owners and not for sale or profit) agriculture, gardening, poultry, horse, and livestock raising as an accessory use to a one-family dwelling for the principal benefit of the occupant thereof, provided that all related accessory buildings are located in the rear yard and not closer than 50 feet to any property line of a property zoned R-1, R-2, R-3, MHP or PD; 40 feet to any other property line not zoned AG; or 30 feet to any other property line within the AG zone.

(12)

Harvesting of timber, provided that such activities comply with all applicable best management practices promoted by the U.S. Department of Agriculture, and no clear cutting of land shall occur within 50 feet of the mean high-water mark of any lake or perennial stream.

(13)

Temporary or portable sawmills for the cutting of timber on the surrounding land, provided that machine operations are not located closer than 200 feet from any property line of a property not located within the AG zone or 100 feet from any other property line.

(14)

Riding stables and academies, provided that the subject lot contains not less than three acres of land, and any structure, pen, or corral housing animals (but not including grazing areas) shall not be closer than 50 feet to any property line of a property zoned R-1, R-2, R-3, MHP, or PD, or 30 feet to any other property line.

(15)

Public or private schools, including pre-schools, day nurseries, and kindergartens, provided that any play area is enclosed on all sides by a fence to a height of at least four feet.

(16)

Publicly-owned and operated community structures and lands, including parks.

(17)

Public utility structures and lands.

(18)

Public or private golf course, except a par three golf course, miniature course or practice golf driving range operated for commercial purposes.

(19)

Churches and other similar places of worship.

(20)

Cemeteries.

(21)

Campgrounds, provided that no camping sites or improved recreational areas will be located less than 100 feet from any property line of a property that is not located within the AG zone or less than 50 feet from any other property line.

(22)

Boat docks and boat houses, as accessory uses to a residential use.

(23)

Bed and breakfast inns.

(24)

Residential care homes, domiciliary care facilities, or board and care homes.

(25)

Greenhouses and nurseries.

(26)

Temporary or portable sawmills for the cutting of timber on the surrounding land, provided that machine operations shall not be located closer than 200 feet from any property line.

(27)

Veterinary hospitals and clinics, commercial kennels, and the raising of other domestic animals for sale, provided that no portion of a building, structure, outdoor run, or pens used to house or exercise such animals shall not be located closer than 50 feet from any property line.

(28)

Short term rental of single-family residences for durations of not less than 90 days.

(c)

Uses allowed by special exception. Each use permitted by special exception shall comply with all specified conditions or requirements of the applicable use. The following uses may be allowed by special exception in the AG zone, subject to approval of the board of adjustment in accordance with the procedures specified in article VI of this chapter:

(1)

Hospitals (which may include a commercial cafeteria and/or a commercial pharmacy) and medical clinics, provided that the proposed facility and any permitted accessory structures and uses will not be located closer than 100 feet to any property line of a property zoned R-1, R-2, R-3, MHP or PD.

(2)

Athletic fields or stadiums, racetracks and speedways, and other recreational areas for public use, including swimming pools, fish lakes, and similar recreational uses, provided that all activities are located at least 200 feet from any property line.

(3)

Public or private fishing clubs, gun clubs, and other similar outdoor recreational activities, provided that no lot dedicated to these uses shall adjoin a property zoned R-1, R-2 or R-3, all activities shall conducted at least 200 feet from any property line, and the discharge of any firearms shall be directed away from any established residential uses.

(4)

Manufactured home subdivisions on lots that do not abut an R-1 zone, subject to compliance with all applicable requirements specified in section 30-88.

(d)

Dimensional requirements. For this district there shall be the following dimensional requirements:

(1)

A minimum lot size of one acre (43,560 square feet) for all lots. Lots not served by municipal sewer shall contain at least the required minimum, plus any additional area deemed necessary by the county health department for proper siting and installation of on-site sewage disposal facilities.

(2)

A minimum lot width of 250 feet.

(3)

A minimum front yard setback of 45 feet from the edge of a major street right-of-way line and 30 feet from the edge of a minor street right-of-way line. An additional setback may be required under the conditions specified in section 30-37.

(4)

A minimum side yard setback of 15 feet.

(5)

A minimum rear yard setback of 40 feet.

(6)

A maximum structure height of 45 feet or 2½ stories for all structures that are not exempt from height requirements, as specified in section 30-33(a).

(7)

A maximum impervious surface area for all lots.

Under one acre (43,560 square feet) in size: not more than 4,000 total square feet of impervious surfaces.

Between one acre (43,560 square feet) and three acres in size: 8,000 total square feet of impervious surfaces.

Greater than or equal to three acres in size: not more than eight percent of the total lot area.

(e)

Minimum standards for all dwellings.

(1)

Minimum dwelling unit gross floor area shall be 1,000 square feet.

(2)

Minimum required roof pitch shall be 3:12.

(3)

Landscaping. All dwelling sites shall be landscaped in a manner consistent with other adjoining residential home sites in the area or neighborhood. At a minimum, ornamental shrubs shall be applied along the front yard foundation or skirting of each dwelling.

(4)

Single-family residential structures. All single-family residential structures shall be 1,400 square feet heated and cooled area along with a requirement that all single-family residential homes on properties of less than one acre have an attached two-car enclosed garage.

(Ord. No. 0-231-04, art. V(§ 5), 3-22-2004; Ord. No. 0-008-2020, § 1, 12-14-2020; Ord. No. 0-004-2023, § 1, 8-22-2023)

Sec. 30-142. - RT Rural Transitional zoning district.

(a)

District intent. The purpose of this district shall be to provide a buffer zone between intensive commercial agricultural uses and suburban residential development in outlying areas of the community that are just beginning to be developed, that lack full access to municipal infrastructure, or that are located upon or near sensitive natural resources. Where agricultural and forestry uses are permitted, they shall be of a non-intensive scale that would be generally compatible with developing residential neighborhoods.

(b)

Permitted uses. The following identifies the uses permitted in the RT Rural Transitional zoning district:

(1)

Single-family dwellings.

(2)

Accessory residential dwelling units in compliance with all requirements specified in section 30-80.

(3)

Single-family group homes, subject to the standards established in sections 30-6 and 30-76.

(4)

Accessory uses and buildings, subject to the standards established in section 30-34.

(5)

Home occupations, subject to the standards established in section 30-78.

(6)

Non-commercial (for personal use by the property owners and not for sale or profit) agriculture, gardening, horse, and livestock raising as an accessory use to a one-family dwelling for the principal benefit of the occupant thereof, provided that the subject lot contains not less than three acres of land, and all related accessory buildings are located in the rear yard and not closer than 50 feet to any property line of a property zoned R-1, R-2, R-3, MHP or PD; 40 feet to any other property line not zoned AG or RT; or 30 feet to any other property line within the AG or RT zone.

(7)

(8)

Public or private schools, including pre-schools, day nurseries and kindergartens, provided that any play area is enclosed on all sides by a fence to a height of at least four feet.

(9)

Publicly owned and operated community structures and lands, including parks.

(10)

Public utility structures and lands.

(11)

Public or private golf course.

(12)

Churches and other similar places of worship.

(13)

Cemeteries.

(14)

Boat docks and boat houses, as accessory uses to a residential use.

(15)

Bed and breakfast inns.

(16)

Residential care homes, domiciliary care facilities, or board and care homes.

(17)

Short term rental of single-family residences for durations of not less than 90 days.

(c)

Uses allowed by special exception. Each use permitted by special exception shall comply with all specified conditions or requirements of the applicable use. The following uses may be allowed by special exception in the RT zone, subject to approval of the board of adjustment in accordance with the procedures specified in article VI of this chapter:

(1)

Single-family manufactured homes (subject to the applicable requirements specified in section 30-77) on individual lots that do not adjoin a property zoned R-1 or R-2.

(2)

Manufactured home subdivisions on lots that do not abut an R-1 or R-2 zone and subject to compliance with all applicable requirements specified in section 30-88.

(3)

Commercial agricultural crop production and open pasturing or grazing of livestock, provided that the subject lot contains not less than five acres of land, and all pasture lands shall be properly fenced, such that no pastured livestock will be allowed to graze within 50 feet of any residential property line.

(4)

Sale of products and commodities raised on the premises only, provided that any structure used for such sales shall not be closer than 30 feet to the front or side property lines.

(5)

Campgrounds, provided that no camping sites or improved recreational areas will be located less than 100 feet from any property line that is not located within the AG or RT zone or less than 50 feet from any other property line and further provided that any property used as a campground shall not adjoin a property zoned R-1, R-2 or R-3.

(6)

(7)

Public or private fishing clubs, and other similar outdoor recreational activities excluding gun clubs and firing ranges, provided that all activities shall conducted at least 100 feet from any property line and further provided that any property dedicated to these uses shall not adjoin a property zoned R-1, R-2, R-3 or MHP.

(8)

Greenhouses and plant nurseries, provided that no greenhouse structure shall contain more than 750 square feet of floor area.

(d)

Prohibited uses. The following uses shall be specifically prohibited within the RT zone:

(1)

Open air storage or holding pits, bunkers, or ponds for the storage of animal manure or wastes.

(2)

Concentrated animal feeding operations.

(3)

Sanitary landfills and other solid waste facilities.

(4)

Junkyards.

(5)

Animal stockyards, feedlots, poultry houses, and slaughterhouses.

(e)

Dimensional requirements. For this district there shall be the following dimensional requirements:

(1)

A minimum lot size of one acre (43,560 square feet) for all nonresidential use lots. The number of residential lots that may be created on any individual undivided property within the district shall not exceed one unit per one acre of gross land area. However, the size of each residential lot created on the development site may be reduced to not less than 18,000 square feet, provided that all residual land (the difference between one acre and the reduced lot size-25,560 square feet per lot) shall be permanently protected from future subdivision or development by means of a formal conservation easement managed by an established land trust or through dedicated common open space in accordance with section 30-84. For purposes of protecting valuable farmland, the planning commission shall authorize the creation of common open space for subdivisions containing fewer than 25 lots within this zoning district, provided that ownership and maintenance of the common lands will be retained by a local farm operator. Residential lots created through the reduced lot size provision shall be concentrated on lands that are not actively used or not ideally suited (by virtue of soil characteristics, distance from an operational farm complex, or other natural features) for active agricultural use. Lots not served by municipal sewer shall contain not less than the minimum required, plus any additional area deemed necessary by the county health department for proper siting and installation of on-site sewage disposal facilities.

(2)

A minimum lot width of 125 feet.

(3)

A minimum front yard setback of 45 feet from the edge of the right-of-way line along a major street and 30 feet from the edge of the right-of-way line along a minor street. An additional setback may be required under the conditions specified in section 30-37.

(4)

A minimum side yard setbacks of 15 feet.

(5)

A minimum rear yard setback of 40 feet.

(6)

A maximum structure height of 45 feet or 2½ stories for all structures that are not exempt from height requirements, as specified in section 30-33(a).

(7)

A maximum impervious surface area of 15 percent of the total lot area, up to a maximum of 8,000 square feet of total impervious surface area.

(f)

Minimum standards for all dwellings.

(1)

A minimum dwelling unit gross floor area of 1,300 square feet.

(2)

A minimum required roof pitch: 3:12.

(3)

(4)

(Ord. No. 0-231-04, art. V(§ 6), 3-22-2004; Ord. No. 0-008-2020, § 1, 12-14-2020; Ord. No. 0-004-2023, § 1, 8-22-2023)

Sec. 30-143. - R-1 Single-Family Residential district.

(a)

District intent. This zoning district is intended to promote low density suburban tract residential development for single-family uses in areas that have limited access to municipal infrastructure or are located in close proximity to sensitive natural resources.

(b)

Permitted uses. The following identifies the uses permitted in the R-1 Single-Family Residential district:

(1)

Single-family dwellings. Where a new lot is being created for a single-family dwelling which adjoins a lot within the AG or RT zones upon which a commercial agricultural use is being conducted, the residential lot shall contain a buffer not less than 25 feet deep, as defined in section 30-6, along the common property line with the existing commercial agricultural use.

(2)

Accessory residential dwelling units in single-family dwellings only and in compliance with all requirements specified in section 30-80.

(3)

Single-family group homes, subject to the standards established in sections 30-6 and 30-76.

(4)

Accessory uses and buildings, subject to the standards established in section 30-34.

(5)

Home occupations, subject to the standards established in section 30-78.

(6)

In-home child care centers, subject to the standards established in section 30-85.

(7)

Churches and other religious structures.

(8)

Cemeteries.

(9)

Boat docks and boat houses, as accessory uses to a residential use.

(10)

Non-commercial (not for profit or public sale) gardens or greenhouses as an accessory use to a single-family dwelling for the principal benefit of the occupant thereof.

(11)

Non-commercial (for personal use by the property owners and not for sale or profit) agriculture, gardening, poultry, horse, and livestock raising as an accessory use to a one-family dwelling for the principal benefit of the occupant thereof, provided that the subject lot contains not less than three acres of land, and all related accessory buildings are located in the rear yard and not closer than 100 feet to any property line of a property zoned R-1, R-2, R-3, MHP or PD; 50 feet to any other property line not zoned AG; or 30 feet to any property line within the AG zone.

(12)

Short term rental of single-family residences for durations of not less than 90 days.

(c)

Uses allowed by special exception. The following uses may be allowed by special exception in the R-1 zone, subject to approval of the board of adjustment in accordance with the procedures specified in article VI of this chapter. Each use permitted by special exception shall comply with all specified conditions or requirements of the applicable use.

(1)

Riding stables and academies, provided that the subject lot contains not less than five acres of land, and any structure, pen, or corral housing animals (but not including grazing areas) shall not be closer than 100 feet to any property line.

(2)

Public or private golf course.

(3)

Public parks, playgrounds, community buildings (including libraries, fire stations, police stations), and similar public service facilities serving residential areas, provided that no building shall be located within 75 feet of any property line.

(4)

Public utility structures and lands, provided that there is no outside storage area and a natural or landscaped buffer not less than 20 feet in width is provided for the side and rear yards.

(5)

Public or private schools, including pre-schools, day nurseries, and kindergartens, provided that any play area is enclosed on all sides by a fence to a height of at least four feet.

(6)

Bed and breakfast inns, provided that adequate off-street parking can be provided and the home to be used as a bed and breakfast inn is located not less than 50 feet from each adjacent residential structure on the same side of the street.

(7)

Townhouses and condominiums subject to all applicable requirements contained in section 30-90(a) and provided that such uses shall serve as a transitional buffer between a nonresidential zoning district and the R-1 zone.

(d)

Dimensional requirements. For this district, there shall be the following dimensional requirements:

(1)

A minimum lot size of 18,000 square feet for lots served by municipal sewer. Lots not served by municipal sewer shall contain at least the minimum required, plus any additional area deemed necessary by the county health department for proper siting and installation of on-site sewage disposal facilities.

(2)

A minimum lot width of 100 feet.

(3)

(4)

A minimum side yard setback of 15 feet.

(5)

A minimum rear yard setback of 40 feet.

(6)

A maximum structure height of 45 feet or 2½ stories for all structures that are not exempt from height requirements, as specified in section 30-33(a).

(7)

A maximum impervious surface area of 20 percent of the total lot area, up to a maximum of 8,000 square feet of total impervious surface area.

(e)

Minimum standards for all dwellings.

(1)

A minimum dwelling unit gross floor area of 1,500 square feet.

(2)

A minimum exterior width of dwelling of 20 feet.

(3)

A minimum required roof pitch of 4:12.

(4)

Foundation/slab requirements. All dwellings shall be placed or constructed on a poured concrete slab or foundation in compliance with all applicable building code requirements.

(5)

(6)

(Ord. No. 0-231-04, art. V(§ 7), 3-22-2004; Ord. No. 0-007-2008, §§ 1, 2, 7-14-2008; Ord. No. 0-008-2020, § 1, 12-14-2020; Ord. No. 0-004-2023, § 1, 8-22-2023)

Sec. 30-144. - R-2 Two-Family Residential zoning district.

(a)

District intent. This zoning district is intended to promote moderate density residential development for single-family and duplex homes on individual lots in areas that have access to extensive municipal infrastructure and are in close proximity to places of employment and commercial districts.

(b)

Permitted uses. The following identifies the uses permitted in the R-2 Two-Family Residential zoning district:

(1)

All uses permitted in the R-1 zone.

(2)

Non-commercial (for personal use by the property owners and not for sale or profit) agriculture, gardening, poultry, horse, and livestock raising as an accessory use to a one-family dwelling for the principal benefit of the occupant thereof, provided that the subject lot contains not less than three acres of land, and all related accessory buildings are located in the rear yard and not closer than 100 feet to any property line of a property zoned R-1, R-2, R-3, MHP or PD; 50 feet to any other property line not zoned AG; or 30 feet to any property line within the AG zone.

(3)

Public or private golf course.

(4)

(5)

Public utility structures and lands, provided that there is no outside storage area and a natural or landscaped buffer not less than 20 feet in width is provided for the side and rear yards.

(6)

Public or private schools, including pre-schools, day nurseries, and kindergartens, provided that any play area is enclosed on all sides by a fence to a height of at least four feet.

(7)

(8)

(9)

Short term rental of single-family residences for durations of not less than 90 days.

(c)

Dimensional requirements. For this district, there shall be the following dimensional requirements:

(1)

A minimum lot size of 12,500 square feet for all lots served by municipal sewer. Lots not served by municipal sewer shall contain not less than the minimum required, plus any additional area deemed necessary by the county health department for proper siting and installation of on-site sewage disposal facilities.

(2)

A minimum lot width of 85 feet.

(3)

(4)

A minimum side yard setbacks of ten feet.

(5)

A minimum rear yard setback of 30 feet.

(6)

A maximum structure height of 45 feet or 2½ stories for all structures that are not exempt from height requirements, as specified in section 30-33(a).

(7)

A maximum impervious surface area of 25 percent of the total lot area, up to a maximum of 8,000 square feet of total impervious surface area.

(d)

Minimum standards for all dwellings.

(1)

A minimum dwelling unit gross floor area of 1,300 square feet for all single-family dwellings and 800 square feet per unit for two-family dwellings.

(2)

A minimum exterior width of dwelling of 20 feet.

(3)

A minimum required roof pitch of 3:12.

(4)

Landscaping: All dwelling sites shall be landscaped in a manner consistent with other adjoining residential home sites in the area or neighborhood. At a minimum, ornamental shrubs shall be applied along the front yard foundation or skirting of each dwelling.

(5)

(Ord. No. 0-231-04, art. V(§ 8), 3-22-2004; Ord. No. 0-008-2020, § 1, 12-14-2020; Ord. No. 0-004-2023, § 1, 8-22-2023)

Sec. 30-145. - R-3 Multifamily Residential zoning district.

(a)

District intent. The purpose of this district shall be to provide opportunities for a broad range of residential environments, including single-family, duplex, manufactured homes (on individual lots), and multifamily (including townhouse and condominium developments) housing in areas that are served by the full array of municipal facilities and services offered by the city and that are immediately adjacent to places of employment and commercial districts. This zone also may be used by the city as a transitional buffer zone between commercial and lower intensity residential zones.

(b)

Permitted uses. The following identifies the uses permitted in the R-3 Multifamily Residential zoning district:

(1)

All uses permitted in the R-2 zone.

(2)

Multifamily dwellings (including group homes housing three or more families).

(3)

Condominiums in accordance with all applicable special requirements specified in section 30-90.

(4)

Townhouses in accordance with all applicable special requirements specified in section 30-90.

(5)

Boardinghouses and roominghouses.

(6)

Educational, training, health, medical or nursing uses of public, charitable, or philanthropic nature, including rest homes and sanitariums.

(7)

Nursing homes.

(8)

College or school dormitories, including fraternities and sororities.

(9)

Monasteries.

(10)

Short term rental of single-family residences for durations of not less than 90 days.

(c)

Uses allowed by special exception. The following uses may be allowed by special exception in R-3 zone, subject to approval of the board of adjustment in accordance with the procedures specified in article VI of this chapter. Each use permitted by special exception shall comply with all specified conditions or requirements of the applicable use:

(1)

Single-family manufactured homes on individual lots that do not adjoin or abut a property zoned R-1 or R-2, provided that the subject lot shall have a minimum width of not less than 100 feet and subject to compliance with all applicable requirements specified in section 30-77.

(2)

Nonresidential child care centers, provided such uses are located on a corner lot with adequate off-street space for the loading and unloading of children and the use will comply with all applicable requirements specified in section 30-85.

(3)

Manufactured home subdivisions on lots that do not abut an R-1 or R-2 zone and subject to compliance with all applicable requirements specified in section 30-88.

(d)

Dimensional requirements. For this district there shall be the following dimensional requirements:

(1)

A minimum lot size of 8,000 square feet for each single-family dwelling unit; 9,000 square feet for each two-family or duplex dwelling; 10,500 square feet for the first dwelling unit in each multifamily dwelling, plus 3,500 square feet for each additional dwelling unit. Lots not served by municipal sewer shall contain not less than the minimum required, plus any additional area deemed necessary by the county health department for proper siting and installation of on-site sewage disposal facilities.

(2)

A minimum development site size (for multifamily dwellings) of one acre.

(3)

A minimum lot width of 75 feet for each single-family lot; 85 feet for each duplex lot; and 100 feet for each multifamily lot.

(4)

A maximum density (for multifamily dwellings) of ten dwelling units per acre rounded down to the nearest whole unit.

(5)

A minimum front yard setback of 40 feet from the edge of a major street right-of-way line and 30 feet from the edge of a minor street right-of-way line for any single-family or duplex lot; 45 feet from the edge of a major street right-of-way line; and 35 feet from the edge of a minor street right-of-way line for any multifamily lot. An additional setback may be required under the conditions specified in section 30-37.

(6)

A minimum side yard setback of ten feet for any single-family or duplex lot; 20 feet for any multifamily lot.

(7)

A minimum rear yard setback of 25 feet for any single-family and duplex lot; 35 feet for any multifamily lot.

(8)

A minimum buffer along the adjoining R-1 zone (for multifamily dwellings) of 30 feet.

(9)

A minimum separation distance between all buildings on a single lot of ten feet.

(10)

A maximum percentage of lot covered by impervious surfaces of 28 percent.

(11)

A maximum structure height of 45 feet or 2½ stories for all structures that are not exempt from height requirements, as specified in section 30-33(a).

(e)

Minimum standards for all dwellings.

(1)

A minimum dwelling unit gross floor area of 1,200 square feet for all single-family dwellings and manufactured homes and 750 square feet per unit for all other dwelling structures.

(2)

Minimum exterior width of dwelling: 14 feet.

(3)

Minimum required roof pitch: 3:12 for all single-family and two-family dwellings. No minimum roof pitch required for multifamily dwellings.

(4)

(5)

(Ord. No. 0-231-04, art. V(§ 9), 3-22-2004; Ord. No. 0-008-2020, § 1, 12-14-2020; Ord. No. 0-004-2023, § 1, 8-22-2023)

Sec. 30-146. - MHP Manufactured Home Park zoning district.

(a)

District intent. The purpose of this district is to provide opportunities for the site development of attractive, affordable, moderate intensity, single-family manufactured home parks, where units are placed on rented lots and served by full municipal services, including water and sewer. It is the objective of this district to encourage an affordable, quality single-family environment, without creating a detriment to appearance and aesthetic quality of neighboring or nearby residential areas.

(b)

Permitted uses. The following uses shall be permitted in the MHP Manufactured Home Park district:

(1)

Single-family manufactured homes, as defined in section 30-6, and subject to the minimum standards specified in section 30-77 provided that each new manufactured home placed within a manufactured home park shall have a fair market value that is at least 90 percent of the average fair market value of all manufactured homes on rented lots that abut the proposed unit's rental lot.

(2)

One-family dwelling for the exclusive use of a watchman, caretaker, owner, or manager of a manufactured home park.

(3)

Office, maintenance, and storage buildings incidental to a manufactured home park.

(4)

Personal service facilities, such as laundromats (including coin operated dry cleaning) and refuse disposal areas, accessory to and intended to serve residents of the manufactured home park only.

(5)

Recreational facilities designed and intended for use by residents of the manufactured home park only.

(6)

In addition to the manufactured home spaces, off-street parking and loading spaces for vehicles in operating condition only, subject to the standards established in section 30-79.

(7)

Not more than one accessory storage or utility shed of uniform construction for each manufactured home lot or space. Said storage or utility shed shall not contain more than 800 cubic feet of storage space.

(8)

In-home child care facilities, subject to approval by the board of adjustment as a special exception and further subject to the applicable requirements contained in section 30-85, provided that adequate off-street space is provided for vehicles dropping off and picking up children and that the traffic impacts will not be excessive for the existing street and neighborhood character.

(9)

Short term rental of single-family residences for durations of not less than 90 days.

(c)

Dimensional requirements. For this district, there shall be the following dimensional requirements:

(1)

A minimum development site size of three acres.

(2)

A maximum development density of no more than seven manufactured homes per gross acre of land shall be permitted within a manufactured home park.

(3)

A minimum frontage for development site along the main street serving the manufactured home park of 100 feet.

(4)

A minimum rental lot size of 6,000 square feet, plus any additional area that may be required by the county health department for the provision of on-site sanitary sewage disposal.

(5)

A minimum rental lot width of 60 feet.

(6)

Minimum front yard setbacks:

Ten feet from the edge of the right-of-way line of any internal street within the manufactured home park that does not provide through traffic access to more than one external public street.

20 feet from the edge of the right-of-way line of any external local street or internal street within the manufactured home park that provides through traffic access to more than one external public street. An additional setback may be required under the conditions specified in section 30-37.

For any manufactured home park with frontage along a street classified as a collector in the comprehensive plan, all structures shall be set back at least 50 feet from the centerline of the collector street.

For any manufactured home park with frontage along a street classified as an arterial in the comprehensive plan, all structures shall be set back at least 75 feet from the centerline of the arterial street.

(7)

Minimum rental lot side and rear yard setbacks. No principal use structure within the park shall be located less than ten feet from any rental lot line. When lots are designed for homes to be placed at 45 degree or 60 degree angles to the street, side yard and rear yard requirements may be reduced to five feet, provided that not less than 30 feet of unobstructed yards will be provided between each manufactured home.

(8)

Minimum frontage for each manufactured home space or rental lot of 50 feet for any lot or space adjacent to an internal or external street, except that the minimum frontage shall be reduced to 30 feet for any lot or space adjoining the turnabout at the end of a permanent cul-de-sac.

(9)

Minimum separation distance between all buildings.

All residential manufactured homes within the park shall be separated by not less than 20 feet between opposing unit sides.

Accessory structures for any residential manufactured home within the park shall be sited not less than ten feet from any other structure nor less than five feet from any rental lot line.

All other buildings within the park (office, laundry facility, non-manufactured home residence) shall be at located not less than 30 feet from any other principal structure.

(10)

Minimum buffer along all exterior boundaries of the manufactured home park of 30 feet along any R-1 boundary and 15 feet along all other boundaries of the manufactured home park. A landscaped strip within each buffer area of not less than eight feet wide shall be provided along the manufactured home park boundary lines that do not abut a public street. This landscaped strip shall be improved and regularly maintained to serve as a yearround visual screen or planing strip composed of evergreen shrubs and trees. Said shrubs shall be not less than four feet tall when planted, and shall attain at least 75 percent of their mature growth opaqueness and shall be at least six feet high within 18 months of planting, at the time of original construction of the park.

(11)

Maximum percentage of development site covered by impervious surfaces of 40 percent.

(12)

Maximum structure height of 25 feet or two stories for all structures that are not exempt from height requirements, as specified in section 30-33(a).

(13)

Minimum dwelling unit gross floor area of 1,000 square feet.

(14)

Minimum required roof pitch of 3:12.

(d)

Site development requirements. In addition to the dimensional requirements listed in subsection (c) of this section and the applicable manufactured home standards contained in section 30-77, each manufactured home park shall comply with the following requirements:

(1)

All proposed lots and buildings in a manufactured home park shall be served by municipal water. The minimum branch water line to an individual unit shall be three-fourths of an inch in diameter. Each manufactured home space shall be provided with a cold water tap at least four inches above the ground or foundation slab. In addition, a cutoff valve shall be installed for each branch water line, along with a backflow prevention device approved by a nationally recognized test agency. In manufactured home parks where gas distribution systems are installed, the installation shall conform with the requirements promulgated by the state public service commission.

(2)

The proposed park shall located on a site graded and improved to ensure proper drainage and freedom from standing water.

(3)

All driveways and walkways within the park shall be paved and adequately lighted. All streets and public driveways within the park shall be lighted at night with electric lamps of not less than 25 watts.

(4)

Each manufactured home lot shall be provided with an individual electrical service outlet supplying at least 220 volts. Each service shall be mounted on a treated pole or metal pedestal and shall have a disconnecting means consisting of a circuit breaker or a switch and fuses housed in a panel approved for exterior use. The power supply wiring from the service to the manufactured home shall be of a direct burial type, properly sized for service being connected and buried in the earth from the service to underneath the mobile home. If the supply cable is encased in metal or plastic pipe, the minimum depth buried shall be as required by the current adopted addition of the National Electrical Code.

(5)

All manufactured homes placed in the park shall be placed or erected on a poured concrete slab in compliance with all applicable building code requirements. Upon written request by the applicant, the city council may waive the requirement for a concrete slab or pad for each manufactured housing unit, provided that such waiver is warranted to satisfy affordable housing needs in the city, the manufactured homes will be properly anchored in accordance with all state standards, a ground vapor retarder of 6 mil rated polyethylene sheeting or greater shall be installed over the entire area enclosed by skirting, and the waiver will not excuse the applicant from any other applicable anchoring requirement.

(6)

For each rental lot, one off-street parking area a minimum of 240 square feet in area and 20 feet in width and providing parking for at least two vehicles shall be provided. Said off-street parking space shall be improved with a crushed stone, asphaltic concrete, or concrete surface.

(7)

A dedicated area of not less than ten percent of the gross site area of a manufactured home park shall be reserved for common open space. Such common open space shall, at a minimum, be landscaped and appropriately improved to provide an area for healthful recreational use by the intended tenants of the park only. Examples of appropriate recreational area development include, but are not limited to, a playground for parks where young children will live or a paved walking/exercise trail for parks were senior citizens will live. This recreational area shall be designed and located so as to be free of traffic and above ground utility hazards, and should, where physical conditions permit, be located as centrally and conveniently within the park as is possible. The required recreation areas may be concentrated in one location or distributed in multiple sites within the park, provided that no individual recreational site shall contain less than 5,000 square feet.

(8)

No portion of a manufactured home park site that is located within a 100-year floodplain shall be improved for residential use.

(9)

Each manufactured home park shall provide adequate on-site containers for the collection of household garbage generated by the tenants of the park. All garbage containers shall be placed and kept within three- or four-sided enclosures with walls at least four feet high to provide proper screening of the containers.

(10)

All manufactured home parks shall be located on public streets providing safe and convenient access. A manufactured home park shall possess frontage on at least one collector or arterial street, as identified in the comprehensive plan.

(11)

All lots and/or spaces dedicated for manufactured homes within a manufactured home park shall possess frontage on an internal or external street. All internal streets within the park that provide through traffic access to more than one external street shall comply with all applicable street standards for the city. All other streets within the park shall, at a minimum, comply with the following requirements:

Minimum dedicated right-of-way width of 30 feet.

Minimum roadway or cartway width of 18 feet.

Roadway or cartway surface type. Streets providing access to ten or fewer manufactured home lots may be constructed with a compacted gravel surface. All other streets shall be paved. All roadway surface improvements shall be constructed in accordance with applicable city standards.

Waiver. The planning commission may authorize written approval for a reduction in the minimum width and surface requirements for internal private streets in a manufactured home park, where individual rental lots are clustered around a central common off-street parking area and served by alleys or for short cul-de-sac streets designed to serve not more than five manufactured home rental lots.

(12)

Every park shall be equipped at all times with fire hydrant equipment in good working order, of such type, size, and number and so located within the park as to satisfy applicable regulations of the city. Fire hydrants shall be placed within the manufactured home park so that no mobile home shall be more than 1,000 feet away from said hydrant. No open fires, except barbecue grills, shall be permitted within a manufactured home park. All manufactured home parks shall be subject to the rules and regulations of the city fire department.

(13)

The manufactured homes may be installed within an approved manufactured home park only after at least 50 percent or ten of its lots or spaces (whichever is greater) have been completely improved or developed. This subsection shall in no way be construed to prevent development in stages of manufactured home parks, provided the total development plan is approved by the city planning commission and developed in increments of two acres minimum.

(14)

No temporary or permanent addition of any type other than an awning of aluminum, canvas, or fiberglass shall be added or attached to a manufactured home within an approved manufactured home park. The awning shall not be greater than nine feet in width and shall not be enclosed with any material.

(15)

The corners of each rental lot shall be marked with an iron pipe at least one-half inch in diameter and at least 24 inches long. The exterior boundaries of the development site shall be marked by a stone or concrete monument, not less than 24 inches in length, not less than four inches square or five inches in diameter, and marked on the top with a cross, brass plug, iron rod, or other durable metallic material securely embedded. Each manufactured home lot shall be plainly and permanently numbered with letters and/or numbers not less than 2½-inch high, so they may be easily read from the street. The electrical service must also be permanently numbered for easy identification by meter readers.

(16)

Any accessory storage structure placed on a manufactured home rental lot shall be a permanent structure providing a minimum of 80 square feet of secured storage space. The design and exterior appearance of all accessory storage structures shall be uniform and approved as part of the manufactured home park plan.

(17)

All water, sewage, and garbage disposal facilities in the manufactured home park shall satisfy all standards promulgated by the state board of health as approved by the county health department.

(18)

Each manufactured home rental lot shall contain one patio of concrete, or other suitable masonry material, having a minimum area of 150 square feet.

(19)

Each park may devote a maximum of five off-street parking spaces to transient recreational vehicles and shall designate each parking area devoted to such use by sign or painting. This provision does not prohibit the use of any special parking area for visitor parking.

(20)

Each park shall provide adequate storm shelter capacity for all residents of the manufactured home park, assuming at least three persons per single-wide manufactured home lot and at least four persons per double-wide manufactured home lot in the park. All storm shelters in the park shall be clearly identified on the manufactured home park site plan.

(e)

Manufactured home park plan. A manufactured home park preliminary site plan shall be submitted in triplicate to the planning commission for review and approval prior to the issuance of a zoning permit by the enforcement officer. No manufactured home park shall be permitted except under license of the city upon approval by the planning commission, and in accordance with a permit issued by the county health department. The plan shall be drawn to scale and shall contain or include the following information. Such plan shall be reviewed and approved by the planning commission only at a regular public meeting, but no specific public hearing shall be required for review and approval of the site plan only.

(1)

A legend containing a site location map; the proposed name of the manufactured home park; the names of the developer, owner, and plan preparer, a north arrow; a scale; and an explanation of all symbols used on the plan.

(2)

The location of all rights-of-way, streets, utility lines, hydrants, garbage containers, and other infrastructure improvements.

(3)

The boundaries and dimensions of all rental lots and other required areas in the park, with topographical contours depicted at two-foot intervals.

(4)

The locations of all properties adjoining the manufactured home park site, including the existing land use, structures, and zoning classifications of said properties.

(5)

The boundaries of all buffers and common open spaces, including all proposed recreational improvements and landscaping/screening improvements.

(6)

Plans and specifications for all proposed internal streets and accesses to external streets.

(7)

Proposed drainage and stormwater management improvements, as required in section 30-42.

(8)

The boundaries of all floodplains on the site.

(9)

Proposed land disturbance and erosion control measures and improvements, as may be required under section 30-43.

(10)

The location of any proposed office, showroom, or personal service facilities in the park.

(11)

Plans and specifications for proposed water supply, sewage collection, garbage disposal, electrical system, and other such infrastructure facilities that will be provided within the park, including all information as may be required by the county health department to ensure compliance with all applicable health regulations or a permit issued by the county health department verifying full compliance of the proposed park with all applicable health regulations.

(12)

The locations and capacities of all proposed storm shelters within the park.

(13)

The required application filing fee.

(f)

Operational requirements. In addition to the site development requirements specified in subsection (d) of this section, each manufactured home park shall comply with the following operational requirements:

(1)

The owner or designated licensee of a manufactured home park shall provide adequate on-site supervision and management to maintain the park, including its facilities, equipment, and improvements, in a clean and sanitary condition, free of litter, rubbish, and other potentially hazardous materials.

(2)

All grounds and buildings within the manufactured home park shall be maintained in a manner that will not harbor insects and rodents, and will prevent accumulations of debris which provide habitat for the propagation of insects and rodents at levels that could constitute a nuisance to residents of the park or neighboring property owners. The park owner and/or operator shall be responsible for extermination measures to control pest populations in accordance with all applicable health and safety requirements.

(3)

The park management shall supervise the placement of each manufactured home within the park, including the proper anchoring of the unit and its proper connection to all utility connections.

(4)

The park management shall maintain a register during occupancy and for a period of 12 months after departure containing the following information on each rental lot or space in the park:

The name and mailing address of each lessee.

Date of entrance and departure.

License number of all manufactured home structures and other personal vehicles owned by lessee.

The states issuing such licenses.

Place of last location of each manufactured home and length of stay at the prior location.

(g)

Applicability to existing parks. The provisions of this section shall not apply to any manufactured or mobile home park that was lawfully constructed and licensed on the effective date of the ordinance from which this section is derived, nor shall compliance be required as a result of change of park ownership or if any manufactured home lot is vacated and then rented for another home. A manufactured home park shall be considered to exist if a detailed development plan has been submitted to the building official and a permit has been issued and substantial progress is being made toward completion of the development. It shall be necessary, however, for any manufactured home when placed on a lot after the adoption of this amendment or ordinance from which this section is derived, to comply with a setback provision so that all manufactured homes thereafter placed or situated shall be located a minimum of ten feet from any exterior property. This provision shall not exempt any preexisting manufactured home park from complying with the terms of this section when submitting plans for an expansion or redevelopment.

(Ord. No. 0-231-04, art. V(§ 10), 3-22-2004)

Sec. 30-147. - VC Village Center zoning district.

(a)

District intent. The purpose of this district shall be to create development opportunities for one or more mixed use urban centers within the city. The district is designed for intensive site development fully served by supporting public facilities, including municipal water and sewer. All site development shall include facilities to support and encourage pedestrian access. Building design is an important factor and consideration within this district to ensure that a harmonious visual environment will be maintained, consistent with the city's overall design plans for the downtown area (as identified in the comprehensive plan). The inclusion of landscaping and civic improvements, such as street front public seating areas, public art and sculpture displays, and pocket parks is strongly encouraged as an integral component of the overall site development plan.

(b)

Permitted uses. The following uses are permitted in the VC Village Center zoning district:

(1)

Two-family (duplex) dwellings.

(2)

Townhouses and condominiums, subject to all applicable requirements contained in section 30-90(a).

(3)

Accessory residential dwelling units in single-family dwellings only and in compliance with all requirements specified in section 30-80.

(4)

Educational, training, health, medical or nursing uses of public, charitable, or philanthropic nature, including rest homes and sanitariums.

(5)

Nursing homes.

(6)

Retail establishments customarily serving residential neighborhoods, such as pharmacies or drug stores, grocery markets, convenience stores, clothing and apparel stores, gift shops, greeting card shops, bookstores, music stores, consignment shops, newsstands, toy stores, fish and tackle shops, craft and hobby shops, florist shops, video stores, furniture stores, and other similar establishments.

(7)

Personal or professional service establishments, and businesses repairing and servicing small equipment, such as barbershops and salons, photocopiers or print shops, coin-operated laundromats, tailors, shoe repair shops, electronic, computer, or small appliance repair shops, photography studios, camera shops, health and fitness clubs, newspaper offices, radio station studios, television station studios, jewelry and watch repair shops, and other similar establishments.

(8)

Professional offices such as banks, doctors' offices, dentist offices, accounting and tax preparation services, real estate offices, attorneys' offices, investment offices, consulting offices, and other similar establishments.

(9)

Dine-in or carry-out restaurants, including cafes, delis, bakeries, coffee shops, ice cream parlors, pizza parlors, and other similar dining or food establishments.

(10)

In-home and nonresidential child care centers, subject to the applicable requirements specified in section 30-85.

(11)

Clubs or lodges, public and private.

(12)

Public and private educational institutions and associated accessory uses.

(13)

Churches and cemeteries.

(14)

Public and semi-public institutions and offices, including government offices.

(15)

Bed and breakfast inns.

(16)

Group homes, subject to the standards established in sections 30-6 and 30-76.

(17)

Hotels and motels.

(18)

Public utility structures and lands, provided that there shall be no outside storage area and a buffer shall be provided along the side and rear yards.

(19)

Automobile filling and service stations, provided that all structures, including pumps, shall comply with the setback line of any abutting street and that points of ingress and egress shall not be located closer than 50 feet to each other (centerline to centerline) nor less than 100 feet to any street intersection, and shall not exceed 25 feet in width.

(20)

Marinas.

(21)

(22)

Accessory uses and buildings, subject to the standards established in section 30-34.

(c)

Uses allowed by special exception. The following uses may be allowed by special exception in the VC zone, subject to approval of the board of adjustment in accordance with the procedures specified in article VI of this chapter. Each use permitted by special exception shall comply with all specified conditions or requirements of the applicable use.

(1)

Drive-through restaurants and drive-through windows for any other uses, provided that adequate access to a public road or street exists to provide safe circulation and that the proposed business will not adjoin a residential use property.

(2)

Family entertainment and cultural uses such as dance studios, live performance theaters, museums, and other similar establishments that cater to both children and families (not adults exclusively) and that do not serve or offer alcoholic beverages for sale.

(3)

Loft, efficiency, and studio apartments, provided that all of the following requirements are satisfied:

Such residential uses are located above the first floor of a multi-story commercial use building;

Appropriate soundproofing or sound attenuation measures have been installed to limit noise impacts that may be generated by ground floor commercial uses;

Adequate off-street parking for all proposed apartment units is provided in the rear yard of the lot;

Separate building entrances are available for the proposed apartments;

All exterior apartment windows and doors are secured by appropriate locks or security devices;

Adequate fire escape ladders are available for each apartment unit and hard-wired fire alarms and sprinkler systems are provided on all floors of the building; and

The lower floor commercial uses in the building will not operate between the hours of 8:00 p.m. and 7:00 a.m.

(4)

(d)

Dimensional requirements. For this district, there shall be the following dimensional requirements:

(1)

Minimum front yard setback. No specific setback required. However, buildings that will be located on a vacant lot between two lots that contain existing buildings (regardless of use) shall not be located farther from the street right-of-way line than the facade of the adjoining building with the deepest front yard setback nor closer to the street right-of-way line than the facade of the adjoining building with the shortest front yard setback. Where a public sidewalk is provided along the front yard of a lot, any building constructed on that lot shall be constructed as close to the street right-of-way line as is feasible and all off-street parking required for the proposed use shall be located in a side or rear yard of the property. Any existing or proposed on-street parking spaces that adjoin a lot line of the subject property shall be counted as partial satisfaction of the required off-street parking space requirements for the proposed use. An additional setback may be required under the conditions specified in section 30-37.

(2)

Minimum side yard setback of ten feet along any side yard that adjoins a lot containing a residential dwelling. No other specific side yard setback shall be required.

(3)

Minimum rear yard setback of 20 feet along any rear yard that adjoins a lot containing a residential dwelling. No other specific side yard setback shall be required.

(4)

Maximum percentage of lot covered by impervious surfaces of 80 percent.

(5)

Maximum structure height of 48 feet or four stories.

(e)

Minimum standards for all dwellings.

(1)

Minimum dwelling unit gross floor area of 750 square feet per unit.

(2)

Minimum exterior width of dwelling of 14 feet.

(3)

Minimum required roof pitch of 4:12 for all two-family dwellings and 3:12 for all multifamily units. No required minimum pitch for mixed use buildings containing residential units.

(4)

Foundation/slab requirements. All dwellings shall be placed or constructed on a poured concrete slab or foundation in compliance with all applicable building code requirements.

(5)

(f)

Basic site design requirements. All buildings within the VC zone should be designed in a manner consistent with the applicable design guidelines outlined in the comprehensive plan. At a minimum, the following minimum design requirements must be satisfied:

(1)

Parking. Not more than one-fourth of all off-street parking spaces for the proposed uses (as required in section 30-79) shall be provided within the front yard of the property. If the front yard of the property adjoins a street that includes a sidewalk, none of the required off-street parking spaces may be provided within the front yard of the property. Any on-street parking spaces that directly adjoin a property line of the subject property shall be counted as partial satisfaction of the required off-street parking space requirements for the proposed use.

(2)

Maximum floor area for one story buildings. No single-story building within the VC zone shall contain more than 30,000 square feet of gross floor area. Additional desired floor area shall be provided through additional stories, up to the maximum height allowed within the zone.

(3)

Building facades. Metal siding materials shall not be used on any exterior building facades within the VC zone (except as may be necessary to allow special detailing, gutters, or window awnings). The exterior facades of all buildings shall be constructed of wood, brick, stone, stucco, or some material that resembles one or more of the aforementioned materials. Building facades that face a public sidewalk shall contain first floor windows of a scale and frequency suitable to encourage pedestrian window-shopping.

(4)

Cornices and rooflines. All buildings containing 10,000 or more gross square feet or rising two or more stories in height shall possess decorative cornices along the roofline and/or articulated rooflines. Said details shall be architecturally compatible and consistent in design with similar use buildings within the VC zone that comply with the architectural guidelines specified in the comprehensive plan.

(5)

Architectural style. The architectural style and design of each building shall incorporate elements or features that are compatible with or representative of historic architectural styles that exist within the metropolitan area. Architectural styles should be carefully selected to promote a consistent and compatible design theme throughout the village center, consistent with the guidelines specified in the comprehensive plan.

(6)

Maximum building setbacks. The facades of a proposed principal use building shall be located as close to the street right-of-way as is feasible, with allowances made for building entrances, porticos, marquis, and other permanent exterior features of the building that protrude in front of the building facade. Buildings located on lots fronted by a public sidewalk shall be set back not more than 50 feet from the street right-of-way line.

(7)

Special signage restrictions. The city wishes to encourage variety in signage within the VC zone, while discouraging the proliferation of freestanding signs. Freestanding signs shall be prohibited on any property within the VC zone, where the facade of the principal use building is located not more than 50 feet from the adjoining street right-of-way line. Freestanding signs on all other properties within the VC zone shall be in the form of a monument sign, the maximum height of which shall not exceed ten feet above the ground.

(Ord. No. 0-231-04, art. V(§ 11), 3-22-2004)

Sec. 30-148. - B-1 Neighborhood Business zoning district.

(a)

District intent. The purpose of this district shall be to provide opportunities for small scale, low impact, commercial business, office, and service operations utilizing less than 2,500 square feet of gross floor area, (excluding accessory residential uses for the property owner, manager, or proprietor) and associated compatible uses that primarily serve neighborhood or local business needs. The local shopping zoning district is designed to serve small scale business opportunities in a neighborhood setting (rather than in a central business district or along a major highway corridor), where good traffic access is available (such as street corner locations where a neighborhood collector street intersects with another collector street or an arterial highway). The size of a B-1 zone should be limited to the areas immediately surrounding key neighborhood intersections, to help minimize the intrusion of commercial uses into stable residential areas.

(b)

Permitted uses. The following uses shall be permitted in the B-1 Local Business zoning district:

(1)

Retail establishments customarily serving residential neighborhoods, such as pharmacies or drug stores, grocery markets, clothing and apparel stores, gift shops, greeting card shops, bookstores, music stores, pet stores, consignment shops, newsstands, toy stores, fish and tackle shops, craft and hobby shops, florist shops, video stores, small electronic and computer retailers and furniture stores.

(2)

Personal or professional service establishments, and businesses repairing and servicing small equipment, such as barbershops and salons, child care centers, photocopiers or print shops, coin-operated laundromats, tailors, shoe repair shops, electronic or small appliance repair shops, pet grooming establishments, photography studios, camera shops, health and fitness clubs, newspaper offices, radio station studios, television station studios and jewelry and watch repair shops.

(3)

Professional offices such as banks, doctor's offices, dentist offices, accounting and tax preparation services, real estate offices, attorney's offices, investment offices, consulting offices, and veterinary clinics (but not veterinary hospitals).

(4)

Dine-in or carry-out restaurants that do not offer drive-through services and that do not offer alcoholic beverages for sale in any form such as cafes, delis, bakeries, coffee shops, ice cream parlors, pizza parlors, and other similar dining or food establishments.

(5)

Family entertainment and cultural uses such as dance studios and other similar establishments that cater to children and families (not adults exclusively) and that do not serve or offer alcoholic beverages for sale.

(6)

Clubs or lodges, public and private.

(7)

Public and private educational institutions and associated accessory uses.

(8)

Churches and cemeteries.

(9)

Monasteries.

(10)

Public and semi-public institutions and offices, including government offices, fire stations, police stations, and other similar uses.

(11)

Bed and breakfast inns.

(12)

(13)

Boardinghouses or roominghouses.

(14)

Single-family and multifamily group homes, subject to the standards established in sections 30-6 and 30-76.

(15)

Nursing homes.

(16)

Residential uses permitted in an adjoining residential district; however, such residential uses shall be subject to and regulated by all applicable dimensional and dwelling unit requirements of such adjoining residential district, except that in the case where more than one such district is adjoining thereto, the least restrictive district requirements for such residential use shall apply. Any building used in whole or in part for more than one dwelling unit shall also comply with minimum lot area requirements for each additional dwelling unit.

(17)

Condominiums and townhouses, in accordance with section 30-90.

(18)

Multifamily and loft apartments. Apartments shall be allowed only on the second or other upper floor of any building housing or containing a permitted commercial use on the first floor, provided that all of the following requirements are satisfied:

Appropriate soundproofing or sound attenuation measures have been installed to limit noise impacts that may be generated by ground floor commercial uses.

Adequate off-street parking for all proposed apartment units is provided in the rear or side yard of the lot.

Separate building entrances are available for the proposed apartments.

All exterior apartment windows and doors are secured by appropriate locks or security devices.

Adequate fire escape ladders are available for each apartment unit and hard-wired fire alarms and sprinkler systems are provided on all floors of the building in accordance with all applicable fire and building codes.

The lower floor commercial uses in the building will not operate between the hours of 8:00 p.m. and 6:00 a.m.

(19)

Studios engaged in the manufacture of handcrafted art, pottery, clothing, glass, metal, or wood products.

(20)

Public utility structures and lands, provided that there is no outside storage area and a buffer is provided for the side and rear yards.

(21)

Retail greenhouses and plant nurseries.

(22)

Accessory off-street parking and loading spaces, subject to the standards established in section 30-79, provided that no equipment or inoperable vehicles are externally parked or stored. Off-street parking lots shall be located in the rear or side yard of the property. If no on-street parking spaces and sidewalks have been constructed along the front of the property, the property owner may establish off-street diagonal parking within the front yard of the property. No required off-street loading space shall be established within the front yard of the property.

(c)

Prohibited uses. The following specific uses shall be prohibited in the B-1 zone:

(1)

Body shops and junkyards.

(2)

Laundry and dry-cleaning plants.

(3)

Manufacturing uses.

(4)

All uses allowed in the B-2 zone that are not specifically allowed in this district.

(d)

Dimensional requirements. For this district, there shall be the following dimensional requirements:

(1)

Maximum business size of not more than 2,500 square feet of gross floor area devoted to the business use, including areas used for inventory storage and administrative offices. Accessory residential uses on any property shall not exceed the gross floor area of the primary commercial use on the lot. The subject lot shall be of sufficient size to accommodate the proposed commercial building and all accessory uses, including on-site parking.

(2)

Minimum lot size of no specific minimum area required. It is the intent of this section that lots of sufficient size be used for any business or service permitted, provided, however, that such use shall have adequate space for normal operations plus required space for off-street parking and loading, and yard requirements. Municipal water and sewer service is required for all lots where such service is available. Lots not served by municipal sewer shall contain not less than the minimum deemed necessary by the county health department for proper siting and installation of on-site sewage disposal facilities.

(3)

Minimum front yard setback of 30 feet from the edge of the right-of-way line. An additional setback may be required under the conditions specified in section 30-37. However, every effort should be made to site commercial structures as close to the required front yard setback as is possible. Where a sidewalk exists along the front yard, the building storefront shall be located along the front yard setback line. Commercial buildings that will be located on a vacant lot between two preexisting, structurally sound buildings shall not be located closer to or farther from the right-of-way line than the buildings on the immediate adjoining side lots.

(4)

Minimum side yard setbacks of 15 feet. Where the side yard of a nonresidential use property adjoins a residential zoning district, a side yard buffer along the residential zoning district line shall be provided. If the adjoining property is zoned and developed for a business or commercial use, interior side yards may on that side of the property may be reduced to zero feet; however, if the adjoining structure is not built to the side lot line, a minimum setback of at least 15 feet shall be maintained.

(5)

Minimum rear yard setback of 20 feet. Where the rear yard of a nonresidential use property adjoins a residential zoning district, a rear yard buffer along the residential zoning district line shall be provided.

(6)

Maximum percentage of lot covered by impervious surfaces shall be 60 percent.

(7)

Maximum structure height of 35 feet or 2½ stories.

(8)

Vehicular access. Vehicular approaches to the property shall be so designed and located that they will create minimum interference with traffic on the surrounding public street. To this end, no more than two driveways, each not to exceed 30 feet in width at the property line, shall be permitted on each street frontage of the property. No portion of an access curb cut shall be closer than 50 feet from the closest right-of-way line of an intersecting street or railroad. A design requiring backing of vehicles into a public street or highway shall be prohibited.

(Ord. No. 0-231-04, art. V(§ 12), 3-22-2004)

Sec. 30-149. - B-2 Highway Commercial zoning district.

(a)

District intent. This zoning district is intended to provide development opportunities for a mix of small- and large-scale commercial uses requiring large lots and good highway access, and which may serve a broader market that may extend well beyond the city' s corporate limits. The purpose of this district is to provide for design requirements to ensure the safe flow of traffic and provide for compatible development along important major arterial roadways. The district includes specific design standards for signs, access, parking, landscaping, inter-parcel connectivity, and other corridor design standards.

(b)

Permitted uses. The following identifies the uses permitted in the B-2 zone:

(1)

All nonresidential uses permitted by right and by special exception in the VC zone. Not more than one-third of all required off-street parking spaces may be located within the front yard of the property.

(2)

Hospitals (which may include a commercial cafeteria and/or a commercial pharmacy), medical clinics, laboratories, sanitariums, and nursing homes.

(3)

Movie cinemas, auditoriums, and theaters, including drive-in theaters.

(4)

The manufacturing of articles sold at retail shall be permitted as an accessory use to the retail business, provided that such manufacturing activities occupy less than 30 percent of the gross floor area. All sales, storage, service or incidental manufacturing activities shall be conducted within a fully enclosed building on the property.

(5)

Veterinary hospitals, clinics, and kennels, provided that all animals are kept within suitably designed, soundproofed and air-conditioned buildings.

(6)

Athletic fields or stadiums, race tracks and speedways, and other recreational areas for public use, including golf driving ranges, bowling alleys, swimming pools, fish lakes and similar recreational uses, provided that the parcel contains at least ten acres of land, that all outdoor lighting provided for night use shall be properly directed and shielded as needed to prevent excessive glare on adjoining properties, and all activities are located at least 100 feet from any property line.

(7)

Truck terminals and other transportation distribution centers.

(8)

Commercial and public entertainment and recreation facilities, including parks, playgrounds, play fields, roller skating rinks, miniature golf courses, amusement parks, fairgrounds, and other similar facilities.

(9)

Campgrounds and recreational vehicle parks.

(10)

Wholesale business and distribution establishments not involving over 20,000 square feet of area for storage of ware to be wholesaled or distributed.

(11)

Building contractors' office, except outside storage of heavy equipment, and building materials.

(12)

Marinas.

(13)

Shopping centers, consisting of less than five businesses.

(14)

Laundry and dry-cleaning services.

(15)

Mortuaries and funeral homes.

(16)

Broadcast stations and transmission facilities.

(17)

Vehicle or agricultural implement sales, including campers, recreational vehicles, and accessory equipment.

(18)

Building supply and equipment rental establishments.

(19)

Truck stops.

(c)

Buildings. The following provisions shall provide guidance to the project designers and to the city department of planning and zoning staff, planning commission, and the city council for new development and substantial redevelopment of buildings in this district.

(1)

Appearance standards for buildings. Each principal building on a site shall have clearly defined, highly visible customer entrances, featuring no less than two of the following features:

Arcades;

Arches;

Canopies or porticos;

Cupolas;

Overhangs;

Recesses or projections;

Architectural details, such as tile work or molding, which is integrated into the building structure and design; and

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

(2)

Permitted materials.

Exterior wall surfaces visible from a right-of-way. Brick, stone, wood, natural stucco, rusticated cement masonry units to imitate the look of stone, cement fiber board, or vinyl siding.

Framing of windows, doors and storefronts. Wood or aluminum casings of no less than one and one-half inches in width, a profile depth of no less than one inch, and window divisions having a width of no less than five inches. All windows must have a sill with a minimum profile of five inches. The portion of the façade below display windows (also known as a "bulkhead") should match exterior cladding materials or be of framed wood.

Roofs (when visible from public right-of-way). Standing seam, stamped metal shingle or faux architectural composite shingle. Sloped roofs shall meet in a clear roof line or peak.

(3)

Building facades. Within this district, new buildings and renovations to buildings shall meet the following standards:

Not less than 50 percent of the total surface area of the front facade shall be public entrances and windows (including retail displays windows).

Blank walls on the side facades that can be seen from any street are prohibited. Up to 40 percent of the length of the perimeter may be exempt from this standard if oriented toward a loading or service area.

Windows shall be transparent. Mirrored, smoked or tinted glass is prohibited.

(d)

Dimensional requirements. For this district, there shall be the following dimensional requirements:

(1)

Minimum front yard setback of 45 feet, plus any additional setback may be required under the conditions specified in section 30-37. Every effort should be made to site commercial structures as close to the right-of-way line as is possible, while retaining at least a minimal front yard setback to provide adequate space for landscaping, signage, and other similar on-site improvements. Any buildings that will be constructed on a vacant lot between two preexisting buildings shall not be located closer to or farther from the right-of-way line than the buildings on the immediate adjoining side lots.

(2)

Minimum lot width of 100 feet.

(3)

Minimum side yard setbacks of 15 feet. Where the side yard of a property adjoins a residential zoning district, a side yard buffer not less than 30 feet in width shall be provided along the residential zoning district line.

(4)

Minimum rear yard setback of 20 feet for all lots less than 10,000 square feet in area and 40 feet for all other lots. Furthermore, where the rear yard of a B-2 zone property adjoins a residential zoning district, a rear yard buffer not less than 30 feet in width shall be provided along the residential zoning district line.

(5)

Maximum percentage of lot covered by impervious surfaces shall be 65 percent.

(6)

Maximum structure height of 45 feet.

(e)

Access and parking requirements. For this district, there shall be the following requirements:

(1)

Curb cut access. Access to each commercial use located on a lot which is at least 10,000 square feet in area shall be only at clearly defined and marked entrances and exits no greater than 25 feet in width separated by a curb or similar barrier to vehicular movement of at least 50 feet in length; providing that this requirement shall not preclude the construction of special turnout lanes in the center of or along the side of the abutting roadway. Where public side street access is available, access to the property should be obtained from the side street.

(2)

Interconnectivity.

Unless a preexisting hardship is present, all properties fronting the corridor road shall provide vehicular access to adjacent parcels by means of connected parking lots, shared driveways, cross-access easements, or other interparcel connections.

The granting of such easement shall be effective upon the granting of a reciprocal easement by the adjoining property owner.

(3)

Parking.

Not more than one-third of all required off-street parking spaces may be located within the front yard of the property.

Screening of the surface parking areas. Where surface parking is provided, a landscape area having a minimum horizontal dimension of 15 feet shall be provided along all vehicular use areas which adjoin a public right-of-way.

The landscape screening area shall be planted with ground cover, shrubs or hedges up to a maximum of 30 inches in height and with street trees planted a minimum of every 40 feet on center.

Screening landscaping shall be maintained in good condition at all times.

(f)

Signs. In addition to the provisions of the City of Southside Sign Ordinance, the following regulations shall apply in this district:

(1)

No monument sign shall have a height greater than 12 feet above normal grade, or an area greater than 50 square feet.

(2)

A monument sign shall not be located within ten feet of a street right-of-way or within 50 feet of any other sign, structure or building.

(3)

Monument signs shall be mounted on a base constructed of the same material matching the façade of the principal use (brick, stone, stucco or wood) or similar quality, color and texture as the primary masonry materials used in the exterior finish of the primary structure on the site.

(4)

Signs along the corridor shall have a landscaped area at the base of the sign which is a minimum of three feet wide on each side, and at least the length of the sign.

(5)

The sign area landscaping shall consist of a dense vegetative ground cover or a minimum one shrub per three linear feet of landscaped area on each side of the sign.

(6)

Landscaped areas containing shrubs greater than three feet in height shall be located a minimum of 20 feet from the intersection of two street rights-of-way lines, or the intersection of a street right-of-way line with a driveway pavement edge.

(7)

Sign area landscaping shall be maintained in good condition at all times.

(g)

Accessory uses and structures.

(1)

The following accessory structures and uses shall be installed to the rear of a principal building or on the side, provided the structure/use is screened from view from the public right-of-way and adjoining properties:

Loading docks;

Truck parking;

Outdoor storage;

Dumpsters;

Utility meters;

HVAC equipment;

Satellite dishes;

Outdoor display of vehicles, equipment or merchandise to be rented, leased or sold;

Other similar service functions.

(2)

Outdoor storage and dumpsters shall be:

Not be visible from, or located within 20 feet of, any public street or sidewalk.

Not be located within 50 feet of any residential use.

Enclosed by an opaque fence (pressure treated, natural wood) a minimum of six feet and a maximum of eight feet in height. Brick and stone walls may be used as an alternative to fencing. Landscaping should be used with fencing/walls to minimize the appearance from the public right-of-way. Shrub plantings three to five feet in height and evergreen plantings five to eight feet in height are recommended.

(3)

Loading docks shall be screened from view of any street by a continuous planting of evergreen plantings a minimum of five and a maximum of eight feet in height.

(4)

HVAC equipment and satellite dishes may be placed on a building's roof if screened from the public right-of-way by the building roof, a parapet wall or the cornices.

(5)

Other accessory site features located on the ground shall require complete screening accomplished by six feet high opaque fencing (pressure treated, natural wood) and/or landscaped berms and/or landscape screening with plantings that will reach a minimum height of six feet within two years of planting.

(Ord. No. 0-231-04, art. V(§ 13), 3-22-2004; Ord. No. 0-002-2023, § 1, 5-23-2023)

Sec. 30-150. - M-1 Light Manufacturing zoning district.

(a)

District intent. The purpose of this district is to provide opportunities for the development of industrial and manufacturing operations that will have minimal impacts on the natural environment and that will be located in areas served by all necessary municipal facilities and services. Such uses shall not produce discharges that require the issuance of a National Pollutant Discharge Elimination System (NPDES) major operating discharge permit and shall not emit potentially noxious fumes, odors, or particulate matter into the air. The district also will provide opportunities for the development of limited commercial uses that are accessory and complementary to the associated primary industrial use.

(b)

Permitted uses. The following identifies the uses permitted in the M-1 Light Manufacturing zoning district:

(1)

Any industrial enterprise engaged in a manufacturing, assembly, or processing activity that does not produce discharges that require the issuance of a National Pollutant Discharge Elimination System (NPDES) major operating discharge permit and does not emit fumes, odors, or particulate matter into the air that would be discernable beyond the boundaries of the property.

(2)

Accessory commercial activities limited to the sale or servicing of products manufactured by the primary industrial use, provided such commercial activities occupy not more than 30 percent of the total floor area of the principal use building. All commercial activities shall be conducted entirely within the principal use building.

(3)

Body shops.

(4)

Indoor and outdoor gun clubs and shooting ranges, provided that all activities involving the discharge of firearms shall conducted more than 250 feet from any property line and directed away from any established residential uses.

(5)

Warehousing and storage facilities, including mini-warehouses.

(6)

Truck terminals and shipping facilities.

(7)

Railroad yards.

(8)

Lumber yards and mills.

(9)

Fuel or building material storage and distribution facilities.

(10)

Accessory off-street parking and loading spaces, subject to the standards established in section 30-79, provided that no equipment or inoperable vehicles are externally parked or stored.

(c)

Dimensional requirements. For this district, there shall be the following dimensional requirements:

(1)

No minimum lot size is required.

(2)

Minimum lot width of 100 feet.

(3)

Minimum front yard setback of 20 feet from the edge of the right-of-way line. An additional setback may be required under the conditions specified in section 30-37.

(4)

Minimum side and rear yard setback of 30 feet from all adjoining property lines and an additional 20 feet from any property line that abuts a residential zoning district (AG, RT, R-1, R-2, R-3 and MHP). All required setbacks along residential zoning districts shall be improved and maintained as a vegetated buffer to provide an effective yearround visual screen between the commercial use and the neighboring residential areas.

(5)

Maximum percentage of lot covered by impervious surfaces shall be 40 percent.

(6)

Maximum structure height of 45 feet.

(Ord. No. 0-231-04, art. V(§ 14), 3-22-2004)

Sec. 30-151. - FHA Flood Hazard Area zone.

(a)

District intent. Within floodplain areas, special land use restrictions are desired to: minimize human exposure to flood hazards, prevent excessive pollution or contamination of surface water resources during floods, provide maximum transmission and absorption of floodwaters by restricting the intensity of impervious surfaces and manmade obstructions within floodplains, ensure that structures built within floodplains are properly floodproofed, to minimize private investment losses due to flooding, and ensure the city's continued participation in the National Flood Insurance Program. The purpose of this overlay zone is to impose special development standards and restrictions in areas identified by the Federal Emergency Management Agency as subject to special flood hazard to serve the aforementioned objectives. An overlay zone imposes special development requirements and restrictions in addition to the provisions of the underlying regular zoning district. Where the requirements of this district conflict with the requirements of an underlying regular zoning district or with other applicable ordinances and regulations, the more restrictive requirements shall be followed. All land use and development activities on lands within the FHA Flood Hazard Area zone shall also comply with all requirements of chapter 14.

(b)

Boundaries. The boundaries of the flood hazard area zone shall encompass all areas of the city lying within a special flood hazard area or 100-year floodplain, as shown on the latest published flood hazard boundary map or flood insurance rate map for the subject property, prepared for the National Flood Insurance Program by the Federal Emergency Management Agency.

(c)

Prohibited uses. The following uses shall be prohibited within the FHA Flood Hazard Area zone:

(1)

On-site septic systems, leach fields, and temporary sewage holding tanks.

(2)

Open air storage or holding pits, bunkers, or ponds for the storage of animal manure or wastes.

(3)

Sanitary landfills and other solid waste facilities.

(4)

Junkyards.

(5)

Animal corrals, stockyards, and poultry houses.

(6)

Multifamily residential structures.

(7)

Nonresidential buildings exceeding 20,000 square feet in gross floor area. However, a nonresidential building containing more than 20,000 square feet of floor area may be partially located within a floodway fringe area, provided that not more than 20,000 square feet of total building floor area is located within said floodway fringe area, no portion of the building encroaches upon or extends into the floodway, and the building has been properly floodproofed in a accordance with all applicable requirements of chapter 14.

(8)

Mini-storage facilities.

(9)

Group homes, nursing homes, and other congregate care facilities.

(10)

Public and private schools or educational buildings.

(11)

Hotels, motels, and bed and breakfast inns.

(12)

Warehouse facilities used for the storage of hazardous waste or materials.

(13)

Residential uses not otherwise prohibited within the FHA Flood Hazard Area zone shall not be permitted within a floodway or a floodway fringe area, nor shall any such residential structure encroach upon a floodway or floodway fringe area. No existing residential structure shall be extended, moved, replaced, or rebuilt unless the lowest floor (including basements) of said structure complies with the applicable construction and elevation requirements of the flood damage prevention ordinance.

(d)

Dimensional requirements. For this district, there shall be the following dimensional requirements:

(1)

Development activities and land uses within the FHA Flood Hazard Area zone shall comply with all requirements contained in the city flood damage prevention ordinance in addition to the specific requirements contained in this section.

(2)

Maximum percentage of lot covered by impervious surfaces shall be 25 percent for nonresidential, nonagricultural, and mixed use developments; 15 percent for residential uses; five percent for agricultural and other open space uses.

(Ord. No. 0-231-04, art. V(§ 15), 3-22-2004)

Sec. 30-152. - PD Planned Development.

(a)

District intent. The purpose of the PD Planned Development district is to encourage the development of innovative and creative land use designs in a mixed use environment. The district is intended to allow the unified planning and development of large tracts of land suitable in location, area, and character for the uses and structures proposed. A mix of uses and housing types is encouraged, provided that the proposed project is consistent with the comprehensive plan and the land uses proposed along the external boundaries of the development site will be compatible in intensity, character, and design with the neighboring uses.

(b)

Permitted uses. Any uses allowed in the R-1, R-2 and VC zoning districts shall be permitted, provided that the uses are laid out and buffered to minimize potential noise, traffic, and aesthetic conflicts and the overall development scheme is consistent with the goals, objectives, and future land use map contained in the comprehensive plan. Proposed land uses along the boundaries of the development site shall be compatible in intensity, character, and design with the land uses allowed in the immediately adjoining regular zoning districts. All proposed land uses shall be shown and designated clearly on the master plan of the development.

(c)

Design requirements and considerations. In order to change the regular district designation of a tract of land to PD Planned Development, and subsequently thereby use such tract of land, the following conditions shall be met:

(1)

A master plan of development showing the exact manner in which the whole tract will be improved and used must accompany the request for change of zoning. Said master plan must be approved by the city council after review and recommendation by the planning commission and must be retained in the file of the city clerk as a part of the city's records. The required master plan shall contain, at a minimum, the following information:

Information to show and describe the location of the site to be developed as PD, including its legal description and a current perimeter survey prepared and certified by a surveyor who is licensed by the state. The survey must show all streets and street rights-of-way which are adjacent to the parcel, all easements and rights-of-way on the development site, the boundary lines of any and all lots of record that comprise the entire development site, and the locations of any existing buildings or structures which shall be incorporated into the proposed development.

A vicinity map showing the parcel in relation to surrounding property and a general description of the surrounding area, including the current zoning and land uses of all adjoining lands.

A statement of the planning objectives to be achieved by the proposed development. The statement should include a description of the proposed development and the rationale behind the assumptions and projections made by the applicant.

The density of land use to be allocated to all parts of the development site, together with tabulations by acreage and percentage of the parcel to be occupied by each proposed use to show compliance with all applicable dimensional requirements.

The location, size, and character of any common open space or any commonly owned facilities and the type of organization which will own and maintain any commonly owned open space or facilities. Such explanation shall document the applicant's intent to comply with all requirements for common open space, as specified in section 30-84.

The number, location, and layout of parking spaces and attendant driveways, handicap parking areas, off-street loading and unloading areas, and emergency vehicle parking areas as may be required of the proposed development under section 30-79. Information regarding the type, thickness, and imperviousness of surfacing materials to be used to improve all parking areas, driveways, and pedestrian ways shall also be provided.

The location, design, and dimensions of all proposed curb cuts that will provide access to the site and all proposed temporary culs-de-sac that will be constructed to reserve future street access to abutting undeveloped properties.

A landscaping plan, which shall show all proposed improvements to required buffers and other common open space lands, including the location of existing mature tree stands that will be retained and incorporated into the overall development plan. Such landscaping plan may be incorporated into a land disturbance and erosion control plan, if such plan is required under section 30-43.

Typical facade sketches of the outside appearance of any proposed commercial buildings, townhouse and condominium buildings, and multifamily dwellings. The architectural style and design of such buildings should be compatible, if not reflective of a common design theme that is generally compatible or complementary of (and, at a minimum, not inconsistent with) the predominant architectural styles in any established areas or neighborhoods surrounding the development site.

Detailed dimensional plans for any and all proposed signs within the development in compliance with the applicable requirements of section 30-81.

A detailed stormwater management plan showing the location of all 100-year floodplains on the site in compliance with all applicable requirements of section 30-42.

Proposed land disturbance and erosion control measures and improvements, as may be required under section 30-43.

Information to show the location and design of all proposed utility lines, including any required easements.

The substance of any proposed covenants, easements, or other restrictions which will be imposed upon the use or maintenance of the site and any buildings or other structures that will be constructed within the site.

A traffic impact study, if required under section 30-176(c)(2).

A general statement or demographic profile of the intended target market of the proposed development.

(2)

Before any building or zoning permit for the construction of a planned development in any portion of a PD zone can be issued, a subdivision plat or plats, for the whole tract shall have been approved by the planning commission and recorded in accordance with the subdivision regulations, such plat or plats any information shown thereon shall correspond in all respects to the approved master plan of development, and the information recorded along with the subdivision plat to plats shall include the master plan of development. Where any information required by subsection (c)(1) of this section to be included in the master plan of development would also be required to be included in a required preliminary plat, reference on the preliminary plat to the specific portions or pages of the master plan of development containing said information shall be sufficient to satisfy the corresponding preliminary plat content requirements of the subdivision regulations. No permit of any type shall be issued for any use, activity, building, or site improvement that is not in accordance with the approved and recorded master plan of development.

(3)

The master plan of development for a tract may be amended at any time by the city council, upon the recommendation of the planning commission, provided a notice is given and a public hearing held thereon in the same manner as for the original approval of the change of zoning for the subject tract to a PD zone classification.

(4)

Landscaping and open space shall be essential parts of the master plan. At least 25 percent of the gross area shall be dedicated to open space/recreational uses such as landscaping, bike paths, walkways with or without exercise stations, swimming areas, and recreational courts. At least half of the required open space area shall consist of developable land area. Existing trees and natural features shall be preserved wherever possible. Said open spaces shall be integrated into the overall development design (not relegated to a corner of the site) to provide maximum access to the residents and workers of the development. At no point shall an open space area be less than 20 feet in width.

(5)

Insofar as possible, vehicular traffic shall be separated from pedestrian traffic. Sidewalks should be provided along all internal streets providing through traffic access and between all residential and nonresidential use areas within the development.

(6)

The vehicular traffic generated by the proposed development shall not exceed the capacity of access streets and shall not disrupt established residential areas.

(7)

The capacity of existing or scheduled public utility systems, streets, or schools to serve the potential number of families, businesses, and workers in the proposed development shall be considered during the review and approval process. The city may deny a proposed PD master plan or require phasing of the project as may be needed to avoid public facility capacity shortfalls caused by a premature development project. Each PD master plan shall include letters from the superintendent of education, the chief of the fire department, the chief of police, the street/sanitation superintendent, and the parks and recreation director confirming that they have considered the scale of the proposed development and have determined that it will not exceed the capacity of the specific public facilities and services within their authority to serve the needs of the proposed development and the community at-large. Where such finding cannot be made by the aforementioned officials, the letter shall state, to the best of the official's knowledge, the nature of any potential infrastructure or service deficiencies and the prospective date by which the city can address the deficiencies, if specific improvements have been planned or envisioned.

(8)

Every effort shall be made to maximize energy efficiency. Energy conservation measures which should be employed include:

Orienting buildings to maximize solar access;

Utilization of landscape design techniques and species that maximize protection from excess heat in the summer and allow solar exposure in the winter;

Minimizing the amount of roads and streets needed to serve the development;

Utilizing green site design to minimize thermal stress on surface waters from stormwater runoff and to minimize potential storage and release of excess heat from impervious surfaces; and

Dedication of areas for community gardens.

(9)

Every planned development shall include management agreement provisions for the control and maintenance of all areas within the development under common ownership as prescribed in section 30-84(4).

(10)

Access shall be provided to each separately platted building site by way of a publicity dedicated street plus a driveway or clearway of at least ten feet in width for residential uses, and 12 feet in width for nonresidential uses.

(11)

Each planned development shall satisfy the off-street parking and loading space requirements for the specific proposed land uses as specified in section 30-79.

(12)

Each planned development shall be served by a community sewer system or package sewage treatment plan sufficient to serve all planned uses in the development at buildout, as approved by the county health department.

(d)

Dimensional requirements.

(1)

Minimum planned development site size. The minimum size of the planned development site shall be five acres. Not less than 80 percent of the gross land area of the proposed development site shall consist of developable land area.

(2)

Minimum lot size within a planned development. No minimum building site is required, provided that the land use for building coverage and off-street parking and loading spaces as required in section 30-79, does not preclude adequate open spaces for landscaping, and for recreation facilities for the occupants of dwellings. The proposed minimum and average building sites, the resulting average net density (families per acre of residential land use), the total land used for ever purpose (including rights-of-way), the number of off-street parking and loading spaces for each use area, and the total and average land area covered by the building in each use area, shall be calculated and shown on the master plan of development. Specific minimum lot sizes may be imposed by the county health department for proper siting and installation of on-site sewage disposal facilities, where municipal sewer access is not available.

(3)

Minimum building setback line.

Minimum setback should be 30 feet from the edge of the right-of-way line for all residential uses; ten feet from the edge of the right-of-way line for all nonresidential uses. An additional setback may be required under the conditions specified in section 30-37.

Every effort should be made to site nonresidential structures as close to the minimum front yard setback line as is possible, while providing sufficient front yard space for landscaping, signage, and other similar on-site improvements. Where a sidewalk exists or will be provided along the front yard, the nonresidential building storefront shall not be located more than 50 feet away from the right-of-way line. Not more than one-fourth of all required off-street parking spaces may be located within the front yard of the property.

(4)

Minimum yards. No building shall be closer than 15 feet to any PD zone boundary line, providing that no entrance of any building shall be closer than 25 feet to any such line.

(5)

Minimum spacing between buildings. For dwellings, the open space between buildings shall not be less than 20 feet for one story buildings; 30 feet when either building is a two story building; 40 feet when either building is a three story building; and 40 feet, plus an additional ten feet for each story over three stories when either building is over three stories in height. The minimum dimension of the yard upon which any entrance or exit of a dwelling faces shall be 20 feet; such space shall not be counted as a yard for any other building.

(6)

Maximum structure height. The maximum height for structures in this district shall be 45 feet.

(7)

Maximum percentage of site covered by impervious surfaces. Impervious surfaces may cover no more than 60 percent of gross area of planned development site area; for any individual nonresidential use lot within the planned development, 40 percent.

(e)

Planned development which includes RG residential garden homes. All single-family residential structures shall be 1400 square feet heated and cooled area along with a requirement that all single-family residential homes on properties of less than one acre have an attached two-car enclosed garage.

(Ord. No. 0-231-04, art. V(§ 16), 3-22-2004; Ord. No. 0-008-2020, § 1, 12-14-2020; Ord. No. 0-004-2023, § 1, 8-22-2023)

Sec. 30-153. - RSC Regional Shopping Center zone.

(a)

District intent. The city recognizes that, as the city continues to grow and prosper, the desire for and marketability of large-scale regional shopping centers designed to serve the retail shopping needs of a regional population (within and beyond the city) will intensify. However, the city also recognizes that such facilities, by virtue of their size and nature, can generate significant impacts on established commercial centers, local growth rates and the pattern of growth in the city, traffic patterns and congestion, public facilities, and sensitive natural resources. Many of the impacts generated by regional shopping centers can be positive, negative, or both. The city seeks to minimize the negative impacts and maximize the positive impacts by developing standards to manage the city's transition to a regional commercial center in a way that is compatible with the city's quality of life and public image objectives. To implement this impact management scheme, the city has created a special zoning district to place general guidelines on the design and potential location of regional shopping centers. These guidelines are designed to prevent excess commercial development speculation and competition for the development of regional shopping centers, which could result in market saturation, destabilization of established commercial centers or areas, rapid fluctuations in local property values, and excessive demand on existing public facilities.

(b)

Application of district. The Regional Shopping Center development district is a conditional overlay zone. An applicant may request an amendment to the zoning map to apply the Regional Shopping Center development district to a property located within the VC zone or B-2 zone that satisfies the following requirements. The planning commission and city council shall find that these requirements will be satisfied when evaluating a request for an amendment to the zoning map to apply the Regional Shopping Center development district before recommending approval to the city council.

(1)

The proposed development site must be designated on the future land use map for commercial use.

(2)

The proposed development site must contain at least three acres of land. At least 80 percent of the gross land area in the proposed development site shall consist of developable land area.

(3)

The proposed development site must have at least 200 feet of frontage on an arterial highway or a major collector highway.

(4)

The proposed development site must have direct access to municipal water and sewer.

(5)

No portion of a regional shopping center development site shall contain a floodway, as delineated on the latest flood insurance rate map.

(c)

Permitted uses. Commercial retail and service stores, professional offices, restaurants, theaters, family entertainment uses (which shall serve and appeal to children under 18 years of age), and public or semi-public uses. Exterior sales and displays shall be prohibited, except during special sales events, such as a sidewalk sale day. Traveling displays and cart vendors shall be allowed as accessory uses. A regional shopping center complex shall contain not less than five individual businesses or offices nor less than 10,000 square feet of gross floor area.

(d)

Application and review procedures. Once the city council has approved an amendment to the zoning map to apply the Regional Shopping Center development district to a development site, the owner or his duly authorized agent shall submit a development site plan for approval by the planning commission. The application must be approved by the planning commission within one year of the date of approval of the amendment to the zoning map by the city council or the planning commission may initiate further rezoning of the Regional Shopping Center development district property in accordance with section 30-246. The application and review procedures shall be the same as required for a planned development, as specified in subsection (c) of this section.

(e)

Special development standards. The following special development standards shall apply to all proposed regional shopping centers in addition to the applicable requirements of the regular zoning district:

(1)

All areas of the proposed development site that do not satisfy the definition of developable land area shall be designated as open space, which must be retained and maintained in a natural vegetated state. The planning commission may allow the applicant to improve a portion of the designated open space to provide a park or passive recreational uses, such as a walking trail, garden area, or fenced playground, provided the proposed improvements satisfy the following requirements:

The proposed recreational improvements will not affect more than 50 percent of the designated open space areas;

No improvements will be made to lands that are classified as wetlands by the U.S. Army Corps of Engineers;

Public use of the improved recreational areas will not cause undue environmental stress on the remaining open space areas; and

The proposed recreational improvements will not result in the construction of impervious surfaces that will cover more than five percent of the total designated open space areas.

(2)

The development will contain adequate stormwater management and erosion control facilities to address the requirements of sections 30-42 and 30-43.

(3)

The development shall have at least two entrances from a public street that are at least 150 feet apart (as measured from accessway centerline to accessway centerline along the intersecting street line). The planning commission may require additional accessways as it deems necessary to accommodate safe entrance, egress, traffic circulation, and emergency access to the development.

(4)

A 50-foot vegetative buffer and yearround visual screen shall be provided along all property lines that coincide with an existing residential or agricultural lot or a lot zoned for those uses.

(5)

The exterior design of and construction materials used for all buildings that comprise the regional shopping center shall be, to the maximum extent feasible, consistent with neighboring commercial uses that comply with the design requirements of this section. Metal siding shall be prohibited and all roofing materials shall be designed to resemble standard residential roofing materials used within the city in terms of both texture and color. All large shopping centers and malls shall be designed with articulated rooflines and exterior windows and skylights to facilitate natural lighting, to facilitate exterior window shopping, and to promote a pleasing visual integration of the interior and exterior elements of the site. The exterior walls, windows, and cornices of the structure or structures shall incorporate historic architectural elements and features that are common in or characteristic of the city area.

(6)

Exterior paint colors should be compatible with those used on other buildings in the area. The natural colors of brick and stone are more appropriate than bright hues. The choice of a base color and hue should begin with the natural color of the building itself, or traditional colors used on other buildings in the community. Built-in features, such as doors, window frames, moldings, and cornices can be contrasted with an accent color that is a shade lighter or darker than the base color. As a general rule, masonry surfaces (e.g., brick, stone, terra cotta) that are unpainted should not be painted, because applying paint to a masonry surface will turn a low maintenance material into a high maintenance surface.

(7)

Extensive and colorful vegetative landscaping shall be utilized along the exterior of each building that contains more than 20,000 square feet of gross floor area to minimize or soften the visual impact of the building's scale on the surrounding neighborhood and to enhance its visual appeal. The colors of the landscaping shall be selected to complement the building color and the typical color schemes on adjoining properties, to the maximum feasible extent. Landscaping and building color should be used as a means of accenting and enhancing the building's visual appeal, while uniting the proposed commercial building with neighboring structures that comply with the design provisions specified in this section.

(8)

Off-street parking shall be distributed around the site in a way that will minimize the front yard setback of the principal use building. Every effort should be made to site commercial structures as close to the street right-of-way as possible and to facilitate pedestrian access to and from the site.

(9)

Every effort shall be made to preserve and protect existing, mature, native trees on the development site and incorporate them into the landscaping scheme for the property, especially where said trees are located along the exterior property lines of the site. Mature shade trees shall be used liberally within the landscaping plan for the property to help offset and mitigate the thermal impact of the building and associated impervious surfaces.

(Ord. No. 0-231-04, art. V(§ 17), 3-22-2004)

Southside City Zoning Code

ARTICLE IV.

ZONING DISTRICT REQUIREMENTS

Sec. 30-137.- Establishment of zoning districts.

For the purpose of this article, the city is hereby divided into the type of districts designated as follows:

(1)

Regular districts.

AG	Agricultural
RT	Rural Transitional
R-1	Single-family Residential
R-2	Medium Density Residential
R-3	Multifamily Residential
MHP	Mobile Home Park
VC	Village Center
B-1	Neighborhood Business
B-2	Highway Commercial
M-1	Light Manufacturing

(2)

Special districts.

FHA	Flood Hazard Area
PD	Planned Development
RSC	Regional Shopping Center