Use districts shall be established as follows:

(1)

Use districts established. The City is divided into use districts as provided in this chapter.

(2)

Maps and boundaries. The boundaries of such districts are established as shown on a map entitled "The Zoning Map of the City" on file in the office of the Community Development Director, which Map, with all explanatory matter thereon, shall be deemed to accompany, and is made a part of this chapter by reference.

(3)

Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any of the districts, as shown on the Zoning Map, the following rules shall apply:

a.

Where boundaries approximately follow streets, alleys or highways. Where district boundaries are indicated as approximately following the centerline or street line of streets, the centerline or alley line of alleys or the centerline or right-of-way line of highways, these lines shall be construed to be the district boundaries.

b.

Where boundaries parallel street lines, alley lines or highway right-of-way lines. Where district boundaries are indicated as approximately parallel to the centerline or street lines of streets, the centerline or alley line of alleys or the centerline or right-of-way lines of highways the district boundaries shall be construed as being parallel thereto and at a distance therefrom as indicated on the Zoning Map. If no distance is given, the dimension shall be determined by the use of the scale shown on the Zoning Map.

c.

Where boundaries approximately follow lot lines. Where district boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be the boundaries.

d.

Where boundaries follow railroad lines. Where the boundary of a district follows a railroad line, the boundary shall be deemed to be located midway between the main tracks of the railroad line.

e.

Where the boundary follows a body of water. Where the boundary of a district follows a stream, lake or other body of water, the boundary line shall be construed to be at the limit of the jurisdiction of the City, unless otherwise indicated.

f.

Submerged areas not included in a district. All areas within the corporate limits of the City which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.

g.

District regulations apply to schools, parks, playgrounds and cemeteries. Any areas shown on the Zoning Map as park, playground, school, cemetery, water, street or right-of-way shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regulations of the most restricted adjoining district shall govern.

h.

Newly annexed property. Property newly annexed to the City will have the zoning classification A-P agricultural preservation and be subject to the regulations of that district.

i.

Vacation of public ways. Whenever any street or alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of the street, alley or public way shall be extended to the center of the vacation and all areas included in the vacation shall then be subject to all regulations of the extended districts.

(Code 1998, § 31-300)

The City is divided into use districts which shall be known as follows:

(1)

A-P Agricultural Preservation.

(2)

LR Lakeshore Residential.

(3)

CTR Cove Traditional Residential.

(4)

RA One-Family Districts.

(5)

TR Traditional Residential.

(6)

CCR Cove Cottage Residential.

(7)

RB Two-Family Districts.

(8)

CR Cottage Residential.

(9)

TH Townhouse Residential.

(10)

CTHR Cove Townhouse Residential.

(11)

RCL Low Density Multiple-Family Residence District.

(12)

RCM Medium Density Multiple-Family Residence District.

(13)

RCH High density Multiple-Family Residence District.

(14)

CA General Commercial.

(15)

Central Business District.

(16)

VC Village Commercial District.

(17)

BP-C Business Park—Commercial District.

(18)

BP-O Business Park—Office District.

(19)

BP-I Business Park—Industrial.

(20)

CRD Campus Research District.

(21)

PA Public Administrative Offices District.

(22)

PWFD Public Works Facility District.

(23)

PROS Park, Recreation or Open Space District.

(24)

RR Rural Residential District.

(Code 1998, § 31-301; Ord. No. 1032, § 1, 6-7-2011; Ord. No. 1131, § 1, 9-3-2019)

A-P Agricultural Preservation Districts shall be regulated as follows:

(1)

Purpose. The purpose of the A-P district shall be to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production and to serve as a holding zone for lands where phased urban expansion will occur. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban/rural conflicts which arise as a result of premature development of rural areas. The A-P district is further intended to preserve open space and natural resource areas.

(2)

Allowable uses.

a.

See Table in Section 28-236 for the allowable uses within this district.

b.

Any other uses or activities determined by the Planning Commission to be of the same general character as those found in Section 28-236 for the A-P district and that will not impair the future urbanization of the property may be allowed.

(3)

Accessory structure and garage standards. See Section 28-322 for accessory structure and garage standards within this district.

(4)

Massing regulations.

a.

Minimum standards.^[1]

b.

Additional setback standards.^[2]

(5)

Building and unplatted land. A building permit for a residential or nonagricultural building in this A-P district will not be issued until a plot plan showing the proposed building and the land areas to be set aside to accommodate it is submitted and approved by the Director of Community Development. The plot plan may delineate a tract of land which is part of a larger ownership without the filing of a plat, provided the delineated tract is accurately tied to a section or quarter section corner and has access to a public street, road or highway. This delineated tract must be entered on the Official Zoning Map of the City and is considered the same as a platted lot for purposes of regulating permits on adjacent land. The owners of tracts abutting an existing road, street or highway which has less than City standard width must deliver a warranty deed of dedication acceptable to the City for that amount of right-of-way necessary to comply with the City standards prior to the issuance of the building permit.

(6)

Agricultural uses. Agricultural uses are permitted with no restrictions as to operation of vehicles or machinery customarily incidental to agricultural uses and with no restrictions to the sale or marketing of products raised on the premises; provided, however, that any buildings, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry must be located at least 100 feet from residentially zoned land; and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of residentially zoned land.

(7)

Subdivisions. Any request for subdivision of land in the A-P district must be accompanied with a ghost plat that shows how future urban development can be accomplished.

(Code 1998, § 31-302; Ord. No. 1202, § 2, 6-6-2023)

LR Lakeshore Residential Districts shall be regulated as follows:

(1)

Allowable uses. See Table in Section 28-193 for the allowable uses within this district.

(2)

Accessory structure and garage standards. See Section 28-322 for accessory structure and garage standards within this district.

(3)

Massing regulations.

a.

Minimum standards.^[3]

² Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined.

b.

Additional setback standards.^[4]

(4)

Design review. Administrative design review by the Community Development Director is required for all permitted and specially permitted buildings or uses in the lakeshore district. Building siting, grading, drainage, tree protection and erosion control measures must be reviewed by the Community Development Director for each development site.

(Code 1998, § 31-303; Ord. No. 1202, § 2(31-303), 6-6-2023)

CTR Cove Traditional Residential Districts shall be regulated as follows:

(1)

Allowable uses. See Table in Section 28-193 for the allowable uses within this district.

(2)

Accessory structure and garage standards. See Section 28-322 for accessory structure and garage standards within this district.

(3)

Massing regulations.

a.

Minimum standards.^[5]

² Measured from right-of-way.

b.

Additional setback standards.^[6]

(Code 1998, § 31-304; Ord. No. 1031, § 1, 5-17-2011; Ord. No. 1202, § 2(31-304), 6-6-2023)

RA One-Family Districts shall be regulated as follows:

(1)

Allowable uses. See Table in Section 28-193 for the allowable uses within this district.

(2)

Accessory structure and garage standards. See Section 28-322 for accessory structure and garage standards within this district.

(3)

Massing regulations.

a.

Minimum standards.^[7]

b.

Additional setback standards.^[8]

c.

Exceptions.

1.

Front yard. Where a uniform front yard setback exists which is less than 30 feet, any building or structure erected, structurally altered or enlarged may conform to the established setback but in no case will a setback of less than 20 feet be allowed. Where a uniform front yard setback does not exist, the minimum required setback shall be the average of the setback of the two adjacent main buildings; or if there is only one adjacent main building, the setback of the main building shall govern, but in no case shall a setback less than 20 feet be allowed or greater than 30 feet be required.

2.

Corner yard. For corner lots where the corner side yard setback or front yard setback for the main building on the adjacent lot on the same street is less than the required setbacks, the corner lot setback for the adjacent main building shall govern, but in no case shall a setback of less than 20 feet be allowed.

3.

Side yard. When there is an attached garage on one side of the dwelling, the garage setback is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the garage is a minimum of 15 feet from the nearest structure on the adjacent lot.

4.

Side and rear yard. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet.

(Code 1998, § 31-305; Ord. No. 1202, § 2(31-305), 6-6-2023)

TR Traditional Residential Districts shall be regulated as follows:

(1)

Allowable uses.

a.

See Table in Section 28-193 for the allowable uses within the TR district.

b.

Accessory structure and garage standards. See Section 28-322 for accessory structure and garage standards within this district.

(2)

Massing regulations.

a.

Minimum standards.^[9]

² Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined.

b.

Additional setback standards.^[10]

(3)

Design review. Design review is required for accessory dwelling units or duplex developments subject to traditional development design standards.

(Code 1998, § 31-306; Ord. No. 1202, § 2(31-306), 6-6-2023)

CCR Cove Cottage Residential Districts shall be regulated as follows:

(1)

Allowable uses. See Table in Section 28-193 for the allowable uses within this district.

(2)

Accessory structure and garage standards. See Section 28-322 for accessory structure and garage standards within this district.

(3)

Massing regulations.

a.

Minimum standards.^[11]

b.

Additional setback standards.^[12]

(Code 1998, § 31-307; Ord. No. 1202, § 2(31-307), 6-6-2023)

RB Two-Family Districts shall be regulated as follows:

(1)

Allowable uses.

a.

See Table in Section 28-193 for the allowable uses within this district.

b.

In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards, regulations and provisions of the Neighborhood Conservation District. (See Section 4-83.)

c.

Accessory structure and garage standards. See Section 28-322 for accessory structure and garage standards within this district.

(2)

Massing regulations.

a.

Minimum standards.^[13]

² For new corner lots created in the district, the lot width must be a minimum of 70 feet.

b.

Additional setback standards.^[14]

(Code 1998, § 31-308; Ord. No. 1202, § 2(31-308), 6-6-2023)

(a)

Allowable uses.

(1)

See Table in Section 28-193 for the allowable uses within the CR district.

(2)

Accessory structure and garage standards. See Section 28-322 for accessory structure and garage standards within this district .

(b)

Massing regulations.

(1)

Minimum standards.^[15]

² Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined.

(2)

Additional setback standards.^[16]

(Code 1998, § 31-309; Ord. No. 1202, § 2(31-309), 6-6-2023)

(a)

Allowable uses. See Table in Section 28-193 for the allowable uses within the TH district.

(b)

Massing regulations.

(1)

Minimum standards.^[17]

(2)

Additional setback standards.^[18]

(c)

Design review. Design review is required for all permitted and specially permitted buildings or uses.

(Code 1998, § 31-310; Ord. No. 1202, § 2(31-310), 6-6-2023)

(a)

Allowable uses. See Table in Section 28-193 for the allowable uses within this district.

(b)

Massing regulations.

(1)

Minimum standards.^[19]

(2)

Additional setback standards.^[20]

(c)

Design review.

(1)

Administrative design review is required for all permitted and specially permitted buildings or uses.

(2)

Townhouse garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches.

(Code 1998, § 31-311; Ord. No. 1202, § 2(31-311), 6-6-2023)

(a)

Allowable uses. See Table in Section 28-193 for the allowable uses within this district.

(b)

Massing regulations.

(1)

Minimum standards.^[21]

² Principal and accessory structures must meet this setback standard.

(2)

Additional setback standards.^[22]

(c)

Recreation facilities. Ten percent of the gross project area shall be specifically designed, developed and maintained for recreational purposes such as children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the City Council, at its discretion, may require that the developer provide public park space according to the City park dedication requirements.

(d)

Landscaping and screening. Landscaping and screening shall be as follows:

(1)

All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding.

(2)

All sites when fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas.

(3)

Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials.

(Code 1998, § 31-312; Ord. No. 1202, § 2(31-312), 6-6-2023)

(a)

Allowable uses. See Table in Section 28-193 for the allowable uses within this district.

(b)

Massing regulations.

(1)

Minimum standards.^[23]

(2)

Additional setback standards.^[24]

(3)

Exceptions.

a.

One- and two-family dwellings may be allowed to conform to the RB district setback requirements.

b.

When the adjacent buildings are located with a setback less than is required above, a multiple dwelling may be permitted to be located up to the point of the lesser setback requirement.

(c)

Recreation facilities. There shall be 200 square feet per dwelling unit or ten percent of the gross project area, whichever is greater, specifically designed, developed and maintained by the owner for recreation purposes in the RCM district, such as children's play apparatus, swimming and wading pools, game areas, such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the City Council at its discretion may require that the developer provide public park space according to the City park dedication requirements.

(d)

Landscaping and screening. Landscaping and screening shall be as follows:

(1)

All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding.

(2)

All sites when fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas.

(3)

Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials.

(Code 1998, § 31-313; Ord. No. 1202, § 2(31-313), 6-6-2023)

(a)

Purpose. The purpose of the RCH district is to provide density requirements for multiple-family dwellings to be built in the redevelopment area of the City.

(b)

Massing regulations.

(1)

Minimum standards.^[25]

² Floor area ratio is the numerical value obtained through dividing the gross floor area of buildings by the net area of the lot or parcel of land on which such buildings are located.

(2)

Additional setback standards.^[26]

(3)

Yard and setback requirements. Yard and setback requirements are as follows:

a.

Front yard. Setback requirements shall be determined by setbacks that exist on the two adjacent properties. If the two adjacent properties do not have a common setback, then a setback of an equal distance between the two setbacks shall be required. A setback of at least ten feet shall be maintained at corner lots and where there is no adjacent structure.

b.

Side yard. A setback of at least 20 feet shall be maintained. A side yard setback of zero may be allowed if no openings are in the side of the structure and the structure abuts another structure with no openings. If this is the case, the sidewall must be of firewall standards required by the Uniform Building Code. Side yard setbacks on a corner lot shall conform to existing setbacks on the block, or if no setback exists, it shall be ten feet.

c.

Back yard. A setback of at least 20 feet shall be maintained. A rear yard setback of zero may be allowed if no openings are in the rear of the structure and the structure abuts another structure with no openings. If this is the case, the rear wall must be of firewall standards required by the Uniform Building Code.

d.

More than one principal building. In cases where more than one principal building is located on the same site, the following setbacks shall be required:

1.

Walls containing windows shall not be closer than 40 feet.

2.

Walls that have no openings may be zero feet apart but must be of firewall standards required by the Uniform Building Code.

(c)

Recreation facilities. Ten percent of the gross project area in the RCH district shall be specifically designed, developed and maintained for recreational purposes such as children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the City Council, at its discretion, may require that the developer provide public park space according to the City park dedication requirements.

(d)

Landscaping and screening. Landscaping and screening shall be as follows:

(1)

All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding.

(2)

All sites when fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas.

(3)

Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials.

(Code 1998, § 31-314; Ord. No. 1202, § 2(31-313), 6-6-2023)

(a)

Purpose. The purpose of the RR district shall be to maintain large lot neighborhood design and characteristics in areas where urban services are unavailable.

(b)

Allowable uses. See Table in Section 28-193 for the allowable uses within this district.

(c)

Accessory structure and garage standards. See Section 28-322 for accessory structure and garage standards within this district.

(d)

Massing regulations.

(1)

Minimum standards.^[27]

(2)

Additional setback standards.^[28]

(Code 1998, § 31-314.1; Ord. No. 1131, § 1, 9-3-2019; Ord. No. 1202, § 2(31-314), 6-6-2023)

P = Permitted use

CUP = Use permitted with a conditional use permit

A = Accessory use

Blank cell in table means that the use is NOT allowed.

¹ Only one principal structure is allowed on a parcel.

² Two-family dwelling allowed only on corner lots.

³ The term "attached single-family dwelling" or "townhouse" means a single structure consisting of not less than three dwelling units located or capable of being located on a separate lot and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit.

⁴ Dwelling units for three or more families on a single parcel.

⁵ Accessory structures in the CTR district are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a conditional use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 28-323(b) (performance standards for accessory dwelling units in CTR district).

⁶ Accessory structures in the TR district are subject to the regulations found in Section 28-322(a).

⁷ Accessory structures in the RB district are subject to the regulations found in Section 28-322(b).

⁸ Garage is limited to two stalls wide.

⁹ Including accessory buildings and uses located upon property contiguous to that occupied by the main building.

¹⁰ Must be located at least 900 feet from another bed and breakfast.

¹¹ No concession or retail sales are permitted.

¹² Senior care living facilities in the RA zoning district shall have a minimum property size of five acres.

¹³ Sales of fresh, whole, raw, or processed produce grown on-site only and sold on-site at a farm stand, at farmers' markets or by delivery.

¹⁴ Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull-behind recreational vehicles, including, but not limited to, snowmobiles, all-terrain vehicles, watercraft, golf carts, etc., so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted.

¹⁵ Multifamily residential is an allowable use within this district but shall not be the predominate use as determined by less than 30 percent of usable land area designated as multifamily use.

(Code 1998, § 31-315; Ord. No. 1003, § 2, 1-20-2009; Ord. No. 1030, § 2, 5-17-2011; Ord. No. 1055, § 2, 12-18-2012; Ord. No. 1093, § 3, 5-2-2017; Ord. No. 1095, § 1, 6-6-2017; Ord. No. 1121, § 1, 1-8-2019; Ord. No. 1131, § 2, 9-3-2019; Ord. No. 1145, § 2, 8-18-2020; Ord. No. 1193, § 1, 9-6-2022; Ord. No. 1202, § 2(31-315), 6-6-2023; Ord. No. 1225, § 3, 12-3-2024)

CA General Commercial Districts shall be regulated as follows:

(1)

Allowable uses. See Table in Section 28-236 for the allowable uses within this district.

(2)

Similar uses.

a.

Any other building, use or service similar to those listed as permitted for the CA district in Section 28-236 in the type of services or goods sold, in the number of persons or vehicles to be attracted to the premises or in the effect upon adjacent areas are permitted.

b.

Any accessory use customarily incidental to a use authorized in Section 28-236 for this district.

c.

Other commercial or industrial uses found to be similar to those listed as permitted with conditional use permit in the CA district and not found to be objectionable to the neighborhood in which it is proposed to be located may be allowed if the City Council grants such use a conditional use permit.

(3)

Massing regulations.

a.

Minimum standards.^[29]

b.

Additional setback standards.^[30]

c.

Exceptions. Interior front yard. Where a uniform front yard setback exists which is less than 30 feet, any building or structure erected, structurally altered or enlarged may conform to the established setback but in no case will a setback of less than 20 feet be allowed. Where a uniform front yard setback does not exist, the minimum required setback shall be the average of the setback of the two adjacent main buildings; or if there is only one adjacent main building, the setback of the main building shall govern, but in no case shall a setback less than 20 feet be allowed or greater than 30 feet be required.

(Code 1998, § 31-316)

Central Business Districts shall be regulated as follows:

(1)

Purpose. The purpose of the Central Business District shall be to provide a district for general commercial, office and entertainment uses.

(2)

Allowable uses. See Table in Section 28-236 for the allowable uses within this district.

(3)

Similar uses by conditional use permit. Any other use or service establishment determined by the Planning Commission to be the same general character as the uses in Section 28-236 for the Central Business District and which will not impair the present or potential use of adjacent properties may be permitted by conditional use permit.

(4)

Massing regulations.

a.

Minimum standards.^[31]

b.

Additional setback standards.^[32]

c.

Exceptions. For infill lots, the front, side and rear setback may be similar to the setback for the adjacent buildings.

(Code 1998, § 31-317)

VC Village Commercial Districts shall be regulated as follows:

(1)

Purpose. The purpose of the VC district is to provide a local center for convenience shopping and personal services primarily in proximity to a residential neighborhood.

(2)

Allowable uses.

a.

See Table in Section 28-236 for the allowable uses within this district.

b.

Similar uses by conditional use permit. Other use or service establishment determined by the Planning Commission to be of the same general character as the specially permitted uses in Section 28-236 for the VC district and which will not impair the present or potential use of adjacent properties may be permitted.

c.

Accessory uses and buildings. Any other use or building customarily appurtenant to a permitted use in this district may be permitted by conditional use permit.

(3)

Massing regulations.

a.

Minimum standards.^[33]

b.

Additional setback standards.^[34]

(4)

Other requirements.

a.

Outdoor uses. All uses shall be conducted wholly within completely enclosed buildings, except for service stations, parking facilities and other outdoor uses when appropriately located and designed as approved by the Planning Commission.

b.

Design permit. A design permit is required for all village commercial uses. The country village architectural and design guidelines, set forth in Exhibit E to the Orderly Annexation Agreement between the City and Township of Stillwater, dated August 16, 1996, are the standards that must be applied to this design review.

c.

Planned unit development. The development requirements found within this section may be modified based on an acceptable planned unit development for the entire village commercial district area.

(Code 1998, § 31-318; Ord. No. 1081, § 4, 7-21-2015)

BP-C Business Park Commercial Districts shall be regulated as follows:

(1)

Purpose. The purpose of the BP-C district is to provide a district for general community commercial and office uses.

(2)

Allowable uses.

a.

See Table in Section 28-236 for the allowable uses within this district.

b.

Retail businesses by conditional use permit. Any retail trade not specified in Table 28-238 for the BP-C district is permitted by conditional use permit.

c.

Similar uses by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in Section 28-236 for the BP-C district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Planning Commission and the conditional use permit approved and issued by the City Council.

(3)

Massing regulations.

a.

Minimum standards.^[35]

² Front and side setbacks shall be landscaped.

b.

Additional setback standards.^[36]

(4)

Design regulations. Design regulations in the BP-C district are as follows: See West Business Park Plan Special Site and Design Guidelines, pages 18 through 20.

(Code 1998, § 31-319)

BP-O Business Park Office Districts shall be regulated as follows:

(1)

Purpose. The purpose of the BP-O district is to provide a district for office uses.

(2)

Allowable uses.

a.

See Table in Section 28-236 for the allowable uses within this district.

b.

Similar uses by conditional use permit. A conditional use permit may be granted for other uses or service determined to be of the same general character as those found in Section 28-236 for the BP-O district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Planning Commission and the conditional use permit approved and issued by the City Council.

(3)

Massing regulations.

a.

Minimum standards.^[37]

² Front and side setbacks shall be landscaped.

b.

Additional setback standards.^[38]

(4)

Design regulations. Design regulations in the BP-O district are as follows: See West Business Park Plan Special Site and Design Guidelines, pages 18 through 20.

(Code 1998, § 31-320)

BP-I Business Park Industrial Districts shall be regulated as follows:

(1)

Purpose. The purpose of the BP-I district is to provide a district for light industrial and office uses.

(2)

Allowable uses.

a.

See Table in Section 28-236 for the allowable uses within this district.

b.

Similar uses by conditional use permit. A conditional use permit may be granted for other uses determined to be of the same general character as those found in Section 28-236 for the BP-I district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Planning Commission and the conditional use permit approved and issued by the City Council.

(3)

Massing regulations.

a.

Minimum standards.^[39]

² Front and side setbacks shall be landscaped.

b.

Additional setback standards.^[40]

(4)

Design regulations. Design regulations in the BP-I district are as follows: See West Business Park Plan Special Site and Design Guidelines, pages 18 through 20.

(Code 1998, § 31-321)

CRD Campus Research and Development Districts shall be regulated as follows:

(1)

Purpose. The purpose of the CRD district is to allow a mix of office, research and development and light manufacturing uses with limited retail and service uses in a planned business park setting designed to provide for low-density, high-quality development with increased amenities and open space.

(2)

Allowable uses.

a.

See Table in Section 28-236 for the allowable uses within this district.

b.

Similar uses by conditional use permit. Any other use or service establishment determined by the Planning Commission to be of the same general character as the specially permitted uses in Section 28-236 for the CRD district and which will not impair the present or potential use of adjacent properties.

(3)

Massing regulations.

a.

Minimum standards.^[41]

² Residential means that the property is either developed as residential or guided for residential development in Comprehensive Plan.

b.

Additional setback standards.^[42]

(4)

Other requirements.

a.

Outdoor uses and storage. All operations must be conducted within a fully enclosed building. No outside storage of materials, products or equipment is permitted other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless the outside storage is specifically approved as part of a preliminary development plan.

b.

Smoke. No use may produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringelmann No. 1, except that smoke darker than Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight-hour period if the source of the emission is not located within 250 feet of residentially zoned property.

c.

Noise. Noise levels may not exceed 80dB(A) at repeated intervals or for a sustained length of time measured at any point along the property line.

d.

Electrical disturbance. No activity is permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of the disturbance or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of the disturbance is adversely affected.

e.

Loading dock. No loading dock may face any street unless a screening plan therefor is approved as part of final plan approval.

f.

Design regulations. Design regulations in the CRD district are as follows: See West Business Park Plan Special Site and Design Guidelines, pages 18 through 20.

(Code 1998, § 31-322; Ord. No. 1081, § 5, 7-21-2015; Ord. No. 1195, § 1, 9-20-2022)

PA Public Administrative Offices Districts shall be regulated as follows:

(1)

Purpose. The purpose of the PA district is to provide a district for public and semipublic uses and offices.

(2)

Allowable uses.

a.

See Table in Section 28-236 for the allowable uses within this district.

b.

Similar uses by conditional use permit. A conditional use permit may be granted for any other use or service determined by the City Council to be of the same general character as those found in Section 28-236 for the PA district and which will not impair the present or potential use of adjacent properties.

(3)

Massing regulations.

a.

Minimum standards.^[43]

b.

Additional setback standards.^[44]

(Code 1998, § 31-323)

The PWFD Public Works Facility District is regulated as follows:

(1)

Purpose. The purpose of the PWFD is to provide a district for public works facility uses.

(2)

Allowable uses.

a.

See Table in Section 28-236 for the allowable uses within this district.

b.

Similar uses allowed with a PUD permit. Any other use or service establishment determined by the Planning Commission to be of the same general character as the use found in Section 28-236 for the PWFD district and will not impair the present or future character of the adjacent properties

(3)

Massing regulations.

a.

Minimum standards.^[45]

b.

Additional setback standards.^[46]

(4)

Other requirements.

a.

Outdoor uses and storage. Operations to a maximum extent must be conducted within a fully enclosed building. Any material stored outside shall be buffered and visually screened from adjacent residential properties using fencing, landscaping or earthen berms. Outside storage areas and screening must be specifically shown in PUD Master Plan.

b.

Smoke. No use may produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringelmann No. 1, except that smoke darker than Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight-hour period if the source of the emission is more than 250 feet of residentially zoned property.

c.

Noise. Noise levels may not exceed 80dB(A) at repeated intervals or for a sustained length of time measured at any point along the property line.

d.

Electrical disturbance. No activity is permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of the disturbance or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of the disturbance is adversely affected.

e.

Loading dock. No loading dock may face a street unless screened from view. A screening plan must be approved as part of final PUD approval.

f.

Design permit. A design permit is required for all PWF district uses according to the design review standards of this chapter.

g.

Planned unit development permit. No building, structure, land or premises in the PWFD may be used and no building or structure may be constructed except those granted a planned unit development (PUD) permit.

h.

Lighting plan. A lighting plan showing fixture type location, height and intensity of lighting must be submitted for review as part of the PUD application. A light source must not be seen from adjacent properties. The intensity of outdoor lighting must be the minimum for the intended purpose.

(Code 1998, § 31-324; Ord. No. 1081, § 6, 7-21-2015)

The PROS Park, Recreation or Open Space District is regulated as follows:

(1)

Purpose. Private and public parks, recreation and natural open spaces are essential to support community health and wellness, connecting the individual resident to natural and ecological stewardship and appreciation, promoting cultural resources, and fostering the economic vitality of the community.

(2)

Allowable uses. See Table in Section 28-236 for the allowable uses within this district.

(3)

Massing regulations.

¹ Less than 50 feet is allowed by conditional use permit where: (1) use of the structure will not negatively impact adjacent properties; and (2) the closer proximity to a property line is necessary for proper and reasonable use of the structure and its surrounds.

² For park, recreation or open space uses including public boat launches, pocket parks and public recreation centers where customary usage would require more than 25 percent impervious area on a site, a conditional use permit may be issued by the City Council for greater than 25 percent impervious cover.

(Code 1998, § 31-324.1; Ord. No. 1032, § 2, 6-7-2011; Ord. No. 1231, § 2, 3-18-2025)

NC Neighborhood Commercial Districts shall be regulated as follows:

(1)

Purposes. The purposes of the NC district are to:

a.

Preserve traditional neighborhood commercial nodes that provide small scale commercial buildings for neighborhood businesses.

b.

Provide small commercial areas within residential neighborhoods that meet residents' daily/weekly needs yet that fit the historical character of the neighborhood.

c.

Support the compatible integration of commercial and residential uses that are accessible by walking and biking.

(2)

Allowable uses.

a.

See Table in Section 28-236 for the allowable uses within this district.

b.

Similar uses by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in Section 28-236 for the NC district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Planning Commission and the conditional use permit approved and issued by the City Council.

(3)

Massing regulations.

a.

Standards.

b.

Additional setback standards.

(4)

Other requirements.

a.

Buildings must have at least one functional entry along every public sidewalk.

b.

Commercial activities, including food service and seating, may occupy yards. Outdoor commercial activities are prohibited between 10:00 p.m. and 8:00 a.m., unless an event permit is issued by the City.

c.

Any off-street parking must be located to the rear or side of buildings.

d.

Screening shall be provided along property lines abutting residential properties and along off-street parking areas abutting streets.

(Code 1998, § 31-324.2; Ord. No. 1171, § 1, 9-21-2021)

Table 1

P = Permitted use

CUP = Use permitted with a conditional use permit

IUP = Use permitted with an interim use permit

PUD = Use permitted with a planned unit development permit

A = Accessory use

ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site

Blank cell in table means that the use is not allowed.

¹ Such as grocery, fruit and vegetable store, bakery, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business and professional office and the like, supplying commodities or performing services.

² SUP may only be issued by the City Council.

³ Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds; but, excluding drive-in establishments.

⁴ SUP may only be issued by the City Council.

⁵ For a wholesale, jobbing or distributing establishment in connection with which not more than 25 percent of the floor area of the building or part thereof occupied by such establishment is used for making, assembling, remodeling, repair, altering, finishing or refinishing its products or merchandise, and provided that:

1.

Any resulting cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibration is effectively confined to the premises; and

2.

The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, office or display.

⁶ Automotive painting, upholstering, tire recapping and major repair, when conducted completely in an enclosed building.

⁷ Such as armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises.

⁸ These uses may be approved directly by the City Council if the event is a one-time special event not occurring on a regular basis.

⁹ All outside storage shall be screened by a solid wall or fence and landscaping for public view.

¹⁰ Must be screened.

¹¹ Gazebo, picnic shelter, playground equipment, rest rooms, band shelter, and substantially similar park structures; but not including multiple purpose park buildings or recreation center buildings.

¹² Six-acre minimum site area.

¹³ Three-acre minimum site area.

¹⁴ Ten-acre minimum site area.

¹⁵ Including pre-schools.

¹⁶ Hotel or motel or other uses providing visitors with overnight accommodations.

¹⁷ Limited manufacturing means conducting a process fabrication, storage or manufacturing of light materials, including electronic components and accessories.

¹⁸ Except junk or storage.

¹⁹ Either one or the other of the following scenarios applies: If the retail sales are limited to products manufactured on the premises, then up to 20 percent of a building's floor area may be used for retail purposes. If all of the products offered for retail sale are not produced on the premises, then a total of only ten percent of a building's floor area, or 4,000 square feet, whichever is less, may be dedicated to retail sales. However, the retail sales must be of products associated with a primary service offered by the business on the premises.

²⁰ The bottling machinery is limited to manual/semi-automated bottling line without a conveyor system associated with the bottling line.

²¹ Residences of second level only.

²² Gross receipts must be at least 60 percent attributable to the sale of food. Live entertainment, which includes DJs, is permitted only inside the building, and then only if it is not audible outside of the building. Outside music is strictly limited to unobtrusive arrangements of pre-recorded songs that may only be played as background music and then only without a DJ. Hours of operation are limited to 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 10:30 p.m. Friday and Saturday. The closing time in the preceding sentence means when the last call for service must occur. Happy hour specials must cease at 6:00 p.m.

²³ Residences subject to RCM regulations.

²⁴ Provided the conditional use permit review criteria found in Section 28-81 and all of the performance standards found in Section 28-383 are met.

²⁵ Performance standards found in Section 28-385 apply to all dog training facilities.

²⁶ When operated adjacent to or in conjunction with medical offices.

(Code 1998, § 31-325; Ord. No. 993, §§ 2, 3, 4-15-2008; Ord. No. 997, § 2, 9-16-2008; Ord. No. 1000, § 2, 10-21-2008; Ord. No. 1019, § 2, 9-21-2010; Ord. No. 1032, § 3, 6-7-2011; Ord. No. 1038, § 1, 7-25-2011; Ord. No. 1060, § 1, 6-4-2013; Ord. No. 1093, § 4, 5-2-2017; Ord. No. 1101, §§ 5, 6, 1-16-2018; Ord. No. 1107, § 1, 7-17-2018; Ord. No. 1108, § 1, 7-17-2018; Ord. No. 1121, § 2, 1-8-2019; Ord. No. 1129, § 1, 7-2-2019; Ord. No. 1135, § 2, 11-19-2019; Ord. No. 1136, § 1, 12-17-2019; Ord. No. 1145, § 3, 8-18-2020; Ord. No. 1170, § 1, 9-21-2021; Ord. No. 1171, § 2, 9-21-2021; Ord. No. 1192, § 2, 3, 9-6-2022; Ord. No. 1187, § 3, 7-19-2022; Ord. No. 1193, § 2, 9-6-2022; Ord. No. 1194, § 2, 9-6-2022; Ord. No. 1195, § 2, 9-20-2022; Ord. No. 1200, § 2, 3-7-2023; Ord. No. 1217, 10-20-2024; Ord. No. 1225, § 4, 12-3-2024; Ord. No. 1231, § 3, 3-18-2025; Ord. No. 1241, § 1, 10-21-2025)

HMU Highway Mixed-Use Districts shall be regulated as follows:

(1)

Purposes. The purposes of the HMU district are to:

a.

Align with the intent and goals of the City's Comprehensive Plan.

b.

Maximize the types of uses of property along the Highway 36 corridor that are served with interchange access to foster economic development for the community and support the City's housing goals.

c.

Facilitate the development and integration of diversified commercial, retail, and employment establishments with high density multifamily residential uses in areas along the Highway 36 corridor that are served with interchange access.

d.

Encourage each development or redevelopment project to create a central point such as a central public space, green space, or plaza type gathering place.

(2)

Allowable uses.

a.

See Tables in Sections 28-193 and 28-236 for the allowable uses within this district.

b.

Multifamily residential is an allowable use within this district but shall not exceed more than 50 percent of usable land area.

c.

Similar uses by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in Sections 28-193 and 28-236 for the HMU district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Planning Commission and the conditional use permit approved and issued by the City Council.

(3)

Massing regulations.

¹ Front and side setbacks shall be landscaped.

(Code 1998, § 31-326; Ord. No. 1145, § 4, 8-18-2020)