(a)

The city is hereby divided into zoning districts, as shown on the official zoning map, as adopted and filed with the city clerk. The map, and all explanatory material thereon, is hereby incorporated by reference and made a part of this chapter.

(b)

The zoning districts, the descriptions of which are set forth herein, shall be designated as follows, and may be referred to by full name or by symbol only.

(Ord. No. 3023, § 1(art. 7, div. 1), 3-3-2008; Ord. No. 3051, § 13, 12-15-2008; Ord. No. 3180, § 2, 5-21-2012)

(a)

Exemptions. The following are exempt from the provisions of this article:

(1)

Railroad tracks, signals, bridges, and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities;

(2)

Property owned and used for governmental or university use by any branch of the county, state or federal government or by any publicly funded institution of higher learning. If such entity elects to participate in the city development review process, all applicable regulations shall be followed from beginning through completion of the application.

(b)

Height and setback requirements for fences, etc. Fences, landscaping or visual barriers shall be subject to the following height and setback requirements, unless otherwise regulated or prohibited by article IV of this chapter and except as provided in (1) below:

(1)

No fence, hedge, or visual barrier taller than four feet shall extend into the front yard. A fence, hedge, or visual barrier four to eight feet in height may extend to within five feet of the secondary front yard of a corner lot in a residentially zoned district. Secondary front yard used here means the property line dividing the right of way from the street to which the address has not been assigned.

(c)

Projections into yards. The following may project from a principal structure into a minimum setback:

(1)

Cornices, eaves, shade control devices, and awnings or canopies over doors and windows may project a distance not exceeding two feet into the required yard.

(2)

Bay windows, balconies, and chimneys may project a distance not exceeding two feet, provided that such features do not occupy, in total, more than one-third of the length of the building wall on which they are located.

(3)

Fire escapes, and other uncovered stairs and landings may project a distance not exceeding three feet into required yards.

(4)

Canopies over commercial fuel pump and vehicle service islands may overhang a required front or exterior side yard a distance not to exceed one foot for each one foot in height, provided that the ground support structure is located entirely within the required minimum building setback line, and further provided the canopy extends no closer than five feet to the property line.

(5)

Open terraces, decks, and porches not over 30 inches above the average level of the adjoining ground may project a distance not exceeding five feet into required yards, provided that such projection extends no closer than five feet to any interior side property line.

(6)

Under no circumstances shall any portion of a structure project into an easement.

(d)

Exemption. If the structure is developed within a PUD and there is adequate clearance provided.

(Ord. No. 3023, § 1(23.121), 3-3-2008; Ord. No. 3051, § 13(23-121), 12-15-2008; Ord. No. 3526, § 1, 10-16-2023)

This section classifies and regulates the use of land, buildings and other structures as hereinafter set forth. The regulations are necessary to promote the health, safety, convenience and welfare of the inhabitants of the city by dividing the city into districts and regulating therein the use of the land as to:

(1)

Use of buildings;

(2)

Size of buildings and other structures;

(3)

Location of buildings and other structures;

(4)

Coverage of land by buildings;

(5)

Size of yards and open spaces;

(6)

Density of population; and

(7)

Conditions applicable to specified uses of land.

(Ord. No. 3023, § 1(23.130), 3-3-2008)

In the event that uncertainty exists with respect to the intended boundaries of the various districts shown on the zoning map, the following rules shall apply:

(1)

A district boundary is the centerline of any street or alley, unless otherwise indicated. Whenever the designation of a boundary line on the zoning map coincides with the location of a street or alley, the centerline of such street or alley shall be construed to be the boundary line of such district.

(2)

Whenever a district boundary does not coincide with the location of a street or alley, lot lines shall establish the boundary of such district.

(3)

Whenever a district boundary does not coincide with the location of a street, alley or lot line, a district boundary shall be determined by the use of the scale shown on the zoning map.

(4)

Whenever a lot held by a single ownership on the effective date of the ordinance from which this chapter is derived is divided by a district boundary line, the entire lot may, upon written request from the property owner, be construed to be within the district wherein the majority of the lot is located.

(5)

Whenever a lot in any zoning district adjoins, along an interior lot line, another zoning district that has yard requirements which are more restrictive than those of the district in which such lot is located, structures on such lot shall observe the more restrictive requirements.

(6)

All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting such. Whenever the centerline of a street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. No. 3023, § 1(23.131), 3-3-2008)

The maximum number of dwelling units per acre shall be based upon the minimum lot size of the individual zoning district:

(Ord. No. 3180, § 3, 5-21-2012)

Residential districts are designed to:

(1)

Protect the residential character of the included areas by limiting commercial and industrial activities;

(2)

Encourage a suitable environment for family life by permitting such neighborhood facilities as churches and other religious institutions, schools and playgrounds;

(3)

Permit certain appropriate institutions to be located in residential neighborhoods;

(4)

Preserve openness of the areas and avoid overcrowding by requiring certain minimum yards, open spaces and site areas; and

(5)

Make available a variety of dwelling types and densities in a variety of locations to serve a wide range of individual needs.

(Ord. No. 3023, § 1(art. 7, div. 3), 3-3-2008)

(a)

Permitted by right. The following uses are permitted by right in the RSL Large Lot Single-Family Residential District:

(1)

Conventional single-family.

(2)

Residential design manufactured home.

(b)

Specific use permit. The following uses are permitted by specific use permit in the RSL district:

(1)

Accommodation: Bed and breakfast only.

(2)

Boardinghouse/roominghouse.

(3)

Child and adult care services.

(4)

Educational services.

(5)

Churches and other religious institutions.

(c)

Lot size requirements. The lot size requirements in the RSL district are as follows:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 75 feet.

(3)

Minimum lot depth: 125 feet.

(d)

Bulk regulations. The height and area requirements in the RSL district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: 35 feet.

(2)

Setbacks. The following are the minimum required setbacks in the RSL district:

a.

Minimum front yard:

1.

20 feet from all property boundaries abutting a right-of-way or road/access easement.

2.

10 feet from all property boundaries abutting an alley.

b.

Minimum side yard:

1.

Residential structures: Ten feet.

2.

All other uses: 20 feet.

c.

Minimum rear yard: 25 feet.

(3)

Maximum lot coverage: 35 percent.

(e)

Exceptions. The following are the exceptions in the RSL district:

(1)

For all structures, the minimum side yard for this district shall be increased an additional three feet for each adjacent story above the first story.

(2)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by up to 50 percent.

(3)

Not more than one principal structure shall be located on a lot, unless specifically exempted.

(Ord. No. 3023, § 1(23.136), 3-3-2008; Ord. No. 3051, § 14, 12-15-2008; Ord. No. 3221, § 7, 2-21-2013)

(a)

Permitted uses. The following uses are permitted in the RSS Small Lot Single-Family Residential District:

(1)

Conventional single-family.

(2)

Residential design manufactured homes.

(b)

Specific use permit. The following uses are permitted by specific use permit in the RSS district:

(1)

Accommodation: Bed and breakfast only.

(2)

Child and adult care services.

(3)

Educational services.

(4)

Townhomes.

(5)

Churches and other religious institutions.

(6)

Cemeteries and incidental accessory uses.

(c)

Lot size requirements. The lot size requirements in the RSS district are as follows:

(1)

Minimum lot area: 5,000 square feet.

(2)

Minimum lot width: 50 feet.

(3)

Minimum lot depth: 100 feet.

(d)

Bulk regulations. Bulk regulation requirements in the RSS districts are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: 35 feet.

(2)

Setbacks. The following are the minimum required setbacks:

a.

Minimum front yard:

1.

20 feet from all property boundaries abutting a right-of-way or road/access easement.

2.

10 feet from all property boundaries abutting an alley.

b.

Minimum side yard:

1.

Residential structures: Five feet.

2.

All other uses: 15 feet.

c.

Minimum rear yard: 20 feet.

d.

Corner lots, optional setback requirements:

1.

Minimum front yard: 20 feet from all property boundaries abutting a right-of-way or road access easement.

2.

Minimum side yard abutting a secondary right-of-way or road/access easement not opposite the front yard: 15 feet.

3.

Minimum rear yard: 20 feet.

4.

Minimum side yard abutting another lot or parcel: Five feet.

(e)

Exceptions. The following are the exceptions in the RSS district:

(1)

For all structures, the minimum side yard for this district shall be increased an additional three feet for each adjacent story above the first story.

(2)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by up to 50 percent.

(3)

No interior side yard is required on one side for zero lot-line dwellings. The opposite side yard for zero lot-line dwellings shall not be less than ten feet.

(4)

Townhomes are exempt from the lot size and lot coverage requirements; any exterior buildings shall have a minimum side setback of eight feet.

(5)

Not more than one principal structure shall be located on a lot, unless specifically exempted by this chapter.

(Ord. No. 3023, § 1(23.137), 3-3-2008; Ord. No. 3051, § 15, 12-15-2008; Ord. No. 3118, § 2, 12-20-2010; Ord. No. 3221, § 8, 2-21-2013; Ord. No. 3461, § 1, 11-30-2020)

(a)

Permitted uses. The following uses are permitted in the RT Two-Family Residential District:

(1)

Conventional single-family.

(2)

Residential design manufactured home.

(3)

Two-family (duplex).

(b)

Specific use permit. The following uses are permitted by specific use permit in the RT district:

(1)

Townhome.

(2)

Child and adult care services.

(3)

Churches and other religious institutions.

(4)

Educational institutions.

(c)

Lot size requirements. The lot size requirements in the RT district are as follows:

(1)

Minimum lot area: 7,500 square feet.

(2)

Minimum lot width: 60 feet.

(3)

Minimum lot depth: 100 feet.

(d)

Bulk regulations. Bulk regulation requirements in the RT district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: 35 feet.

(2)

Setbacks. The following are the minimum required setbacks in the RT district:

a.

Minimum front yard:

1.

20 feet from all property boundaries abutting a right-of-way or road/access easement.

2.

10 feet from all property boundaries abutting an alley.

b.

Minimum side yard:

1.

Residential structures: Five feet.

2.

All other uses: 15 feet.

c.

Minimum rear yard: 20 feet.

(3)

Maximum lot coverage: 40 percent.

(e)

Exceptions. The following are the exceptions in the RT district:

(1)

For all structures, the minimum side yard for this district shall be increased an additional three feet for each adjacent story above the first story.

(2)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by up to 50 percent.

(3)

No interior side yard is required on one side for zero lot-line dwellings. The opposite side yard for zero lot-line dwellings shall not be less than ten feet.

(4)

Townhomes are exempt from the lot size and lot coverage requirements; any exterior buildings shall have a minimum side setback of eight feet.

(5)

Not more than one principal structure shall be located on a lot, unless specifically exempted by this chapter.

(Ord. No. 3023, § 1(23.138), 3-3-2008; Ord. No. 3051, § 16, 12-15-2008; Ord. No. 3118, § 3, 12-20-2010; Ord. No. 3221, § 9, 2-21-2013)

(a)

Permitted uses. The following uses are permitted in the RTM Two-Family and Multi-Family District:

(1)

Boarding house/rooming house.

(2)

Churches and religious institutions.

(3)

Multiple-family with a maximum gross density of 20 units per acre.

(4)

Townhome.

(5)

Two-family (duplex).

(b)

Specific use permit. The following uses are permitted by specific use permit in the RTM district:

(1)

Child and adult care services.

(2)

Conventional single family.

(3)

Educational institutions.

(4)

Health care and social assistance.

(c)

Lot size requirements. The lot size requirements in the RTM district are as follows:

(1)

Minimum lot area: 20,000 square feet.

(2)

Minimum lot width: 100 feet.

(3)

Minimum lot depth: 130 feet.

(d)

Bulk regulations. Bulk regulation requirements in the RTM district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: 35 feet.

(2)

Setbacks. The following are the minimum required setbacks in the RTM district:

a.

Minimum front yard:

1.

20 feet from all property boundaries abutting a right-of-way or road/access easement.

2.

10 feet from all property boundaries abutting an alley.

b.

Minimum side yard:

1.

Residential structures: Five feet.

2.

All other uses: 15 feet.

c.

Minimum rear yard: 20 feet.

(3)

Maximum lot coverage: 40 percent.

(e)

Exceptions. The following are the exceptions in the RTM district.

(1)

For all structures, the minimum side yard for this district shall be increased an additional three feet for each adjacent story above the first story.

(2)

No interior side yard is required on one side for zero lot-line dwellings. The opposite side yard for zero lot-line dwellings shall not be less than ten feet.

(3)

Townhomes are exempt from the lot size and lot coverage requirements; any exterior building(s) shall have a minimum side setback of eight feet.

(4)

More than one principal residential structure may be located on a lot.

(Ord. No. 3023, § 1(23.139), 3-3-2008; Ord. No. 3036, § 3, 8-4-2008; Ord. No. 3051, § 17, 12-15-2008; Ord. No. 3063, § 2, 2-23-2009; Ord. No. 3118, § 4, 12-20-2010; Ord. No. 3180, § 4, 5-21-2012; Ord. No. 3216, § 1, 12-6-2012; Ord. No. 3221, § 10, 2-21-2013)

(a)

Permitted uses. The following uses are permitted in the RMI Multi-Family Intermediate District:

(1)

Boarding house/rooming house.

(2)

Churches and religious institutions.

(3)

Free-standing self service facilities.

(4)

Multiple-family with a maximum gross density of 30 units per acre.

(5)

Parking lot/garages.

(6)

Townhome.

(7)

Two-family (duplex).

(b)

Specific use permit. The following uses are permitted by specific use permit in the RMI district:

(1)

Accommodation.

(2)

Child and adult care services.

(3)

Educational institutions.

(4)

Health care and social assistance.

(5)

Personal and laundry services.

(6)

Telecommunications tower.

(c)

Lot size requirements. The lot size requirements in the RMI district are as follows:

(1)

Minimum lot area: 15,000 square feet.

(2)

Minimum lot width: 75 feet.

(3)

Minimum lot depth: 130 feet.

(d)

Bulk regulations. Bulk regulation requirements in the RMI district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: 50 feet.

(2)

Setbacks. The following are the minimum required setbacks in the RMI district:

a.

Minimum front yard:

1.

20 feet from all property boundaries abutting a right-of-way or road/access easement.

2.

10 feet from all property boundaries abutting an alley.

b.

Minimum side yard:

1.

Residential structures: Five feet.

2.

All other permitted and specific use permit uses: 25 feet.

c.

Minimum rear yard: 20 feet.

(3)

Maximum lot coverage: 40 percent.

(e)

Exceptions. The following are the exceptions in the RMI district.

(1)

For all structures, the minimum side yard for this district shall be increased an additional three feet for each adjacent story above the first story.

(2)

Townhomes are exempt from the lot size and lot coverage requirements; any exterior building(s) shall have a minimum side setback of eight feet.

(3)

Residential structures not divided into dwelling units shall have densities determined as:

a.

Each two sleeping rooms for single or double occupancy shall be deemed to constitute one dwelling unit; and

b.

Each four beds, in sleeping rooms that contain beds for more than two persons, shall be deemed to constitute one dwelling unit.

(4)

More than one principal residential structure may be located on a lot.

(Ord. No. 3180, § 5, 5-21-2012; Ord. No. 3216, § 2, 12-6-2012; Ord. No. 3221, § 11, 2-21-2013)

(a)

Permitted uses. The following uses will be permitted by right in the RMU Multi-Family Urban District:

(1)

Boarding house/rooming house.

(2)

Churches and religious institutions.

(3)

Free-standing self service facilities.

(4)

Mixed-use.

(5)

Multiple-family with a maximum gross density of 50 units per acre.

(6)

Parking lot/garages.

(b)

Specific use permit. The following uses are permitted by specific use permit in the RMU district:

(1)

Accommodation.

(2)

Child and adult care services.

(3)

Educational institutions.

(4)

Personal and laundry services.

(5)

Telecommunications tower.

(c)

Lot size requirements. Lot size requirements in the RMU district are as follows:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 60 feet.

(3)

Minimum lot depth: 130 feet.

(d)

Bulk regulations. Bulk regulation requirements in the RMU district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: 50 feet.

(2)

Setbacks. The following are the minimum required setbacks in the RMU district:

a.

Minimum front yard:

1.

20 feet from all property boundaries abutting a right-of-way or road/access easement.

2.

10 feet from all property boundaries abutting an alley.

b.

Minimum side yard:

1.

Residential structures: 15 feet.

2.

All other permitted and specific use permit uses: 25 feet.

c.

Minimum rear yard: 30 feet.

(3)

Maximum lot coverage: 60 percent.

(e)

Exceptions. The following are the exceptions in the RMU district:

(1)

For all structures, the minimum side yard for this district shall be increased an additional three feet for each adjacent story above the first story.

(2)

Townhomes are exempt from the lot size and lot coverage requirements; any exterior building(s) shall have a minimum side setback of eight feet.

(3)

Residential structures not divided into dwelling units shall have densities determined as:

a.

Each two sleeping rooms for single or double occupancy shall be deemed to constitute one dwelling unit; and

b.

Each four beds, in sleeping rooms that contain beds for more than two persons, shall be deemed to constitute one dwelling unit.

(4)

More than one principal residential structure may be located on a lot.

(Ord. No. 3180, § 6, 5-21-2012; Ord. No. 3221, § 12, 2-21-2013)

The High Rise District is only available in areas designated as a special purpose overlay district or in a master plan and only when such uses and densities are allowed in such district or area.

(a)

Permitted by right:

Accommodation

Boarding/Rooming Houses

Churches and Religious Institutions

Mixed-Use

Multiple-Family

Parking Lot/Garages

(b)

Specific use permit:

Child and Adult Care Services

Educational Institutions

Telecommunications Tower

(c)

Lot size requirements:

(1)

Minimum lot area: 25,000 square feet.

(2)

Minimum lot width: 130 feet.

(3)

Minimum lot depth: 130 feet.

(d)

Bulk regulations:

(1)

[Maximum structure height.] The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: 100 feet.

(2)

Setbacks:

a.

Minimum front yard: Five feet from all property boundaries abutting a right-of-way or road/access easement.

b.

Minimum side yard: Five feet plus an additional three feet for each story above the first.

c.

Minimum rear yard: Five feet.

(3)

Maximum lot coverage: 90 percent.

(e)

Exceptions:

(1)

Residential structures not divided into dwelling units shall have densities determined as: Each two sleeping rooms for single or double occupancy shall be deemed to constitute one dwelling unit and each four beds, in sleeping rooms that contain beds for more than two persons, shall be deemed to constitute one dwelling unit.

(2)

More than one principal residential structure may be located on a lot.

(3)

All structures shall maintain minimum building code separations.

(Ord. No. 3180, § 7, 5-21-2012)

(a)

Permitted by right. The following uses will be permitted by right in the MH Mobile/Manufactured Home District:

(1)

Mobile home.

(2)

Manufactured home.

(b)

Specific use permit. The following uses are permitted by specific use permit in the MH district:

(1)

Child and adult care services.

(2)

Conventional single-family.

(c)

Lot size requirements. Lot size requirements are as follows:

(1)

Mobile home park: Five acres, see article XII of this chapter for specific requirements.

(2)

Minimum area of lot for individual mobile home: 5,000 square feet.

(3)

Minimum width of lot for individual mobile home: 50 feet.

(4)

Minimum depth of lot for individual mobile home: 100 feet.

(d)

Bulk regulations. Bulk regulation requirements in the MH district are as follows:

(1)

[Maximum structure height.] The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: 35 feet.

(2)

Setbacks. The following are the minimum required setbacks in the MH district:

a.

Minimum front yard: 20 feet from all property boundaries abutting a right-of-way or road/access easement.

b.

Minimum side yard:

1.

Residential structures: Five feet.

2.

All other uses: 25 feet.

c.

Minimum rear yard: 20 feet.

(3)

Maximum lot coverage: 35 percent.

(e)

Use limitations. Limitations for uses in the MH district are as follows:

(1)

For all structures, the minimum side yard for this district shall be increased an additional three feet for each adjacent story above the first story.

(2)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by up to 50 percent.

(3)

Detached single-family residential structures shall be limited to one principal structure per lot.

(Ord. No. 3023, § 1(23.140), 3-3-2008; Ord. No. 3051, § 18, 12-15-2008; Ord. No. 3095, § 2, 3-15-2010; Ord. No. 3180, § 8, 5-21-2012; Ord. No. 3201, § 3, 9-17-2012)

Editor's note— Formerly § 23-140.

The Neighborhood Transition Zone designation is available as a buffer to platted residential subdivisions zoned Residential Single Family Large Lot (RSL) or Residential Single Family Small Lot (RSS) from other adjacent and adjoining zoning districts.

(a)

Permitted uses. The following uses are permitted in the NTZ Neighborhood Transition Residential District:

(1)

Conventional single-family.

(2)

Two-family (duplex).

(3)

Townhome.

(b)

Lot size requirements. The lot size requirements in the NTZ district are as follows:

(1)

Minimum lot area:

a.

5,000 square feet for single family;

b.

7,500 for two-family.

(2)

Minimum lot width: 50 feet.

(3)

Minimum lot depth: 100 feet.

(c)

Bulk regulations. Bulk regulation requirements in the NTZ district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: not to exceed the average height of the existing structures in adjacent established neighborhood.

(2)

Setbacks. The following are the minimum required setbacks in the NTZ district:

a.

Minimum front yard:

i.

Twenty feet from all property boundaries abutting a right-of-way or road/access easement.

b.

Minimum side yard:

i.

Twenty feet when adjacent to neighborhood property lines.

ii.

Five feet when not adjacent to neighborhood property line.

c.

Minimum rear yard:

i.

Twenty feet when adjacent to neighborhood property lines.

ii.

Five feet when not adjacent to neighborhood property line.

(d)

Maximum gross density of 10 dwelling units per acre.

(e)

Exceptions. The following are the exceptions in the NTZ district:

(1)

For all structures, the minimum side yard for this district shall be increased an additional three feet for each adjacent story above the first story.

(2)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by 50 percent.

(3)

Townhomes are exempt from the lot size requirements.

(4)

Multiple principle structures allowed on individual lots.

(5)

No additional structures or uses allowed within the 20 foot setback of neighborhood property lines.

(Ord. No. 3321, § 1, 9-14-2015)

(a)

Permitted uses. The following uses will be permitted by right in the O Office District.

(1)

Child and adult care services.

(2)

Churches and religious institutions.

(3)

Educational services.

(4)

Financial institutions and services.

(5)

Free-standing self service facilities.

(6)

Health care and social assistance.

(7)

Mixed use.

(8)

Professional and administrative office and services.

(9)

Public administration and service.

(b)

Specific use permit. The following uses are permitted by specific use permit in the O district:

(1)

Bed and breakfast, hotel, motel.

(2)

Beverage services.

(3)

Food services.

(4)

Information.

(5)

Parking lot/garages.

(6)

Personal and laundry services.

(7)

Recreation.

(8)

Research and development.

(c)

Bulk regulations. Bulk regulation requirements in the O district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: 50 feet.

(2)

Setbacks. The following are the minimum required setbacks in the O district:

a.

Minimum front yard:

1.

25 feet from all property boundaries abutting a right-of-way or road/access easement.

2.

10 feet from all property boundaries abutting an alley.

b.

Minimum side yard: When a side yard has a common boundary with property in any residential district, the minimum setback is 15 feet. When a side yard has a common boundary with property in any district except for a residential district, the minimum setback is ten feet.

c.

Minimum rear yard: When a rear yard has a common boundary with property in any residential district, the minimum setback is 15 feet. When a rear yard has a common boundary with property in any district except for a residential district, the minimum setback is ten feet.

(3)

Maximum lot coverage: 40 percent.

(d)

Exceptions. Exceptions in the O district are as follows:

(1)

For all structures, the minimum side yard for this district shall be increased an additional three feet for each adjacent story above the first story.

(2)

Where a commercial building is to be serviced from the rear, the rear yard shall be not less than 30 feet to accommodate a 20-foot wide service drive.

(3)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by up to 50 percent.

(4)

Any number of structures or uses may be constructed or established on a single lot, but no single lot shall be smaller than the minimum lot area required to accommodate the principal use/structure and all accessory uses/structures.

(Ord. No. 3023, § 1(23.150), 3-3-2008; Ord. No. 3051, § 19, 12-15-2008; Ord. No. 3063, § 3, 2-23-2009; Ord. No. 3201, § 4, 9-17-2012; Ord. No. 3221, § 13, 2-21-2013)

(a)

Permitted by right. The following uses will be permitted by right in the CS Commercial Shopping District:

(1)

Bed and breakfast, hotel, motel.

(2)

Beverage services.

(3)

Educational services.

(4)

Financial institutions and services.

(5)

Food services.

(6)

Free-standing self service facilities.

(7)

Information.

(8)

Mixed use.

(9)

Personal and laundry services.

(10)

Personal storage and warehousing.

(11)

Professional and administrative offices and services.

(12)

Retail trade.

(b)

Specific use permit. The following uses are permitted by specific use permit in the CS district:

(1)

Child and adult care services.

(2)

Construction.

(3)

Health care and social assistance.

(4)

Medical marijuana dispensary.

(5)

Multi-family.

(6)

Public administration and service.

(7)

Telecommunications tower.

(8)

Transportation activities.

(9)

Vehicle and equipment sales and service.

(c)

Bulk regulations. Bulk regulation requirements in the CS district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: No maximum limit.

(2)

Setbacks. The following are minimum required setbacks:

a.

Minimum front yard:

1.

20 feet from all property boundaries abutting a right-of-way or road/access easement.

2.

10 feet from all property boundaries abutting an alley.

b.

Minimum side yard: 15 feet.

c.

Minimum rear yard: 25 feet.

(3)

Maximum lot coverage: 40 percent

(d)

Exceptions. The following are the exceptions in the CS district:

(1)

Whenever a structure exceeding one story in height abuts a residential district, a six-foot high landscape buffer shall also be required.

(2)

The rear yard setback of a lot containing a commercial building serviced from the rear shall be no less than 30 feet, said additional footage being necessary to accommodate a 20-foot wide service drive.

(3)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by up to 50 percent.

(4)

Any number of structures or uses may be constructed or established on a single lot, but no single lot shall be smaller than the minimum lot area required to accommodate the principal use/structure and all accessory uses/structures.

(Ord. No. 3023, § 1(23.151), 3-3-2008; Ord. No. 3051, § 20, 12-15-2008; Ord. No. 3104, § 1, 6-21-2010; Ord. No. 3141, § 1, 6-27-2011; Ord. No. 3221, § 14, 2-21-2013; Ord. No. 3416, § 3, 9-17-2018)

(a)

Permitted by right. The following uses will be permitted by right in the CB Commercial Business District:

(1)

Arts and entertainment.

(2)

Bed and breakfast, hotel, motel.

(3)

Beverage services.

(4)

Boardinghouses/roominghouses.

(5)

Educational services.

(6)

Financial institutions and services.

(7)

Food services.

(8)

Freestanding self-service facilities.

(9)

Multifamily.

(10)

Mixed use.

(11)

Parking lots/garages.

(12)

Personal and laundry service.

(13)

Professional and administrative office and services.

(14)

Public administration and service.

(15)

Recreation.

(16)

Retail trade.

(17)

Townhome.

(18)

Unit (condominium) ownership.

(b)

Specific use permit. The following uses are permitted by specific use permit in the CB district:

(1)

Information.

(2)

Medical marijuana dispensary.

(c)

Bulk regulations. Bulk regulation requirements in the CB district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: No maximum limit.

(2)

Setbacks. The following are the minimum required setbacks in the CB district:

a.

Minimum front yard. No setback is required from any property boundary abutting a right-of-way or road/access easement.

b.

Minimum side yard. When a side yard has a common boundary with property in any residential district, the minimum setback is 20 feet. When a side yard has a common boundary with property in any district except for a residential district, there shall be no required minimum setback.

c.

Minimum rear yard. When a rear yard has a common boundary with property in any residential district, the minimum setback is 25 feet. When a rear yard has a common boundary with property in any district except for a residential district, there shall be no required minimum setback.

(3)

Maximum lot coverage: 100 percent.

(d)

Exceptions. The following exceptions are set forth in the CB district:

(1)

The rear yard shall be not less than 30 feet in width to accommodate a 20-foot wide alley for the placement of dumpsters, for the loading and unloading of merchandise or materials, and for utility service equipment.

(2)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by up to 50 percent.

(3)

Townhomes are exempt from the lot size and lot coverage requirements.

(4)

Any number of structures or uses may be constructed or established on a single lot, but no single lot shall be smaller than the minimum lot area required to accommodate the principal use/structure and all accessory uses/structures.

(Ord. No. 3023, § 1(23.152), 3-3-2008; Ord. No. 3051, § 21, 12-15-2008; Ord. No. 3104, § 2, 6-21-2010; Ord. No. 3118, § 5, 12-20-2010; Ord. No. 3201, § 5, 9-17-2012; Ord. No. 3416, § 3, 9-17-2018)

(a)

Permitted by right. The following uses will be permitted by right in the CG Commercial General District.

(1)

Arts and entertainment.

(2)

Bed and breakfast, hotel, motel.

(3)

Beverage services.

(4)

Churches and religious institutions.

(5)

Financial institutions and services.

(6)

Food services.

(7)

Free-standing self service facilities.

(8)

Health care and social assistance.

(9)

Information.

(10)

Parking lots/garages.

(11)

Personal and laundry services.

(12)

Personal storage and warehousing.

(13)

Professional and administrative office and services.

(14)

Recreation.

(15)

Research and development.

(16)

Retail trade.

(17)

Transportation activities.

(18)

Utilities.

(19)

Vehicle and equipment sales and service.

(20)

Wholesale trade.

(b)

Specific use permit. The following uses are permitted by specific use permit in the CG district:

(1)

Animal and pet keeping facility.

(2)

Child and adult care services.

(3)

Computer and electronic product and electrical equipment, appliance, and component manufacturing.

(4)

Construction.

(5)

Food, beverage and tobacco product manufacturing.

(6)

Medical marijuana dispensary.

(7)

Mixed use.

(8)

Mobile home park.

(9)

Paper manufacturing.

(10)

Public administration and service.

(11)

RV park.

(12)

Telecommunications tower.

(c)

Bulk regulations. Bulk regulation requirements are as follows in the CG district:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: No maximum limit.

(2)

Setbacks. The following are the minimum required setbacks in the CG district:

a.

Minimum front yard:

1.

25 feet from all property boundaries abutting a right-of-way or road/access easement.

2.

10 feet from all property boundaries abutting an alley.

b.

Minimum side yard: When a side yard has a common boundary with property in any residential district, the minimum setback is 20 feet. When a side yard has a common boundary with property in any district except for a residential district, there shall be no required minimum setback.

c.

Minimum rear yard: When a rear yard has a common boundary with property in any residential district, the minimum setback is 20 feet. When a rear yard has a common boundary with property in any district except for a residential district, there shall be no required minimum setback.

(3)

Maximum lot coverage: 50 percent.

(d)

Exceptions. The following exceptions are set forth in the CG district:

(1)

Parking may be shared with no less than 75 percent of the spaces required being provided on site or within the adjacent properties.

(2)

Outside storage of materials, as an accessory use, is permitted with screening from view.

(3)

Where a commercial building is to be serviced form the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof not less than 20 feet of surface width.

(4)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by up to 50 percent.

(5)

Any number of structures or uses may be constructed or established on a single lot, but no single lot shall be smaller than the minimum lot area required to accommodate the principal use/structure and all accessory uses/structures.

(Ord. No. 3023, § 1(23.153), 3-3-2008; Ord. No. 3036, § 4, 8-4-2008; Ord. No. 3051, § 22, 12-15-2008; Ord. No. 3063, § 4, 2-23-2009; Ord. No. 3083, § 1, 12-21-2009; Ord. No. 3201, § 6, 9-17-2012; Ord. No. 3221, § 15, 2-21-2013; Ord. No. 3416, § 3, 9-17-2018)

(a)

Permitted by right. The following uses will be permitted by right in the IL Light Industrial District:

(1)

Accommodation.

(2)

Animal and pet keeping facility

(3)

Beverage services.

(4)

Computer and electronic product and electrical equipment, appliance, and component manufacturing.

(5)

Construction.

(6)

Food, beverage and tobacco product manufacturing.

(7)

Food services.

(8)

Freestanding self-service facilities.

(9)

Information.

(10)

Miscellaneous manufacturing

(11)

Oil and gas industry services

(12)

Parking lots/garages.

(13)

Personal and laundry services

(14)

Personal storage and warehousing.

(15)

Professional and administrative offices and services

(16)

Public administration and service.

(17)

Research and development.

(18)

Telecommunications tower

(19)

Transportation activities.

(20)

Utilities.

(21)

Vehicle and equipment sales and service.

(22)

Warehousing and storage.

(23)

Wholesale and retail trade.

(b)

Specific use permit. The following uses are permitted by specific use permit in the IL district:

(1)

Child and adult care services.

(2)

Furniture and related product manufacturing.

(3)

Medical marijuana commercial grower, indoor only.

(4)

Medical marijuana processing.

(5)

Textile mills, textile product mills and apparel manufacturing.

(6)

Wood product manufacturing.

(c)

Lot size requirements. No minimum lot size requirements are established in the IL district.

(d)

Bulk regulations. Bulk regulation requirements in the IL district are as follows:

(1)

[Maximum structure height.] The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: No maximum limit.

(2)

Setbacks. The following are the minimum required setbacks:

a.

Minimum front yard: 25 feet on all property boundaries abutting a right-of-way or road/access easement.

b.

Minimum side yard: When a side yard has a common boundary with property in a:

1.

Residential district. The minimum setback is 30 feet.

2.

Commercial district. The minimum setback is 15 feet.

3.

Industrial district. The minimum setback is five feet.

c.

Minimum rear yard:

1.

When a rear yard has a common boundary with property in any residential district, the minimum setback is 50 feet.

2.

When a rear yard has a common boundary with property in any district except for a residential district, the minimum setback is 25 feet.

(3)

Maximum lot coverage. No maximum limit to lot coverage is established in the IL district.

(e)

Exceptions. The following exceptions are set forth in the IL district:

(1)

When an IL lot abuts a residential district, there shall be, within the required setback, a minimum six-foot high landscape/screening buffer as set forth in article IX of this chapter, landscaping, screening and environmental standards. Security fences in excess of four feet in height are permitted within the front yard setback, but shall not obstruct the sightline or sight triangle.

(2)

For development on property that abuts any local street that currently has 100 feet of continuous right-of-way for the entire block, the front yard setbacks may be reduced by up to 50 percent.

(3)

Any number of structures or uses may be constructed or established on a single lot, but no single lot shall be smaller than the minimum lot area required to accommodate the principal use/structure and all accessory uses/structures.

(Ord. No. 3023, § 1(23.160), 3-3-2008; Ord. No. 3051, § 23, 12-15-2008; Ord. No. 3201, § 7, 9-17-2012; Ord. No. 3221, § 16, 2-21-2013; Ord. No. 3236, § 1, 8-19-2013; Ord. No. 3251, § 2, 1-23-2014; Ord. No. 3313, § 1, 8-3-2015; Ord. No. 3416, § 3, 9-17-2018)

(a)

Permitted by right. The following uses will be permitted by right in the IG General Industrial District:

(1)

Communication services.

(2)

Construction.

(3)

Food, beverage and tobacco product manufacturing.

(4)

Leather and allied products manufacturing.

(5)

Machinery part manufacturing.

(6)

Miscellaneous manufacturing.

(7)

Nonmetallic mineral product manufacturing.

(8)

Oil and gas industry services.

(9)

Paper manufacturing.

(10)

Parking lots/garages.

(11)

Plastics and rubber products manufacturing.

(12)

Public administration and service.

(13)

Research and development.

(14)

Telecommunications tower.

(15)

Transportation activities.

(16)

Transportation and equipment manufacturing.

(17)

Utilities.

(18)

Warehousing and storage.

(19)

Waste management and remediation services.

(20)

Wood product manufacturing.

(b)

Specific use permit. The following uses are permitted by specific use permit in the IG district:

(1)

Chemical manufacturing.

(2)

Medical marijuana commercial grower, indoor only.

(3)

Medical marijuana processing.

(4)

Mining.

(5)

Petroleum and coal products manufacturing.

(6)

Primary metal and fabricated metal products manufacturing.

(7)

Textile mills, textile product mills and apparel manufacturing.

(c)

Lot size requirements. No minimum lot size requirements are established in the IG district.

(d)

Bulk regulations. Bulk regulation requirements in the IG district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: No maximum limit.

(2)

Setbacks. The following are the minimum required setbacks in the IG district.

a.

Minimum front yard: 75 feet on all property boundaries abutting a right-of-way or road/access easement.

b.

Minimum side yard: When a side yard has a common boundary with property in any:

1.

Residential district, the minimum setback is 75 feet

2.

All other districts, the minimum setback is 40 feet.

c.

Minimum rear yard: When a rear yard has a common boundary with property in any:

1.

Residential district, the minimum setback is 75 feet;

2.

All other districts, the minimum setback is 40 feet.

(3)

Maximum lot coverage: No maximum limit to lot coverage is established in the IG district.

(e)

Exceptions. Any number of structures or uses may be constructed or established on a single lot, but no single lot shall be smaller than the minimum lot area required to accommodate the principal use/structure and all accessory uses/structures.

(Ord. No. 3023, § 1(23.161), 3-3-2008; Ord. No. 3036, § 5, 8-4-2008; Ord. No. 3051, § 24, 12-15-2008; Ord. No. 3251, § 3, 1-23-2014; Ord. No. 3416, § 3, 9-17-2018; Ord. No. 3534, § 2, 5-8-2024)

(a)

Permitted uses. The following uses will be permitted in the A district:

(1)

Agriculture, forestry, fishing, hunting.

(2)

Animal and pet keeping facility.

(3)

Conventional single-family, as accessory to the principal use.

(4)

Manufactured home, as accessory to the principal use.

(5)

Mobile home, as accessory to the principal use.

(6)

Mobile home parks.

(7)

Residential design manufactured home, as accessory to the principal use.

(8)

Telecommunications tower.

(9)

Utilities.

(b)

Specific use permit. The following uses are permitted by specific use permit in the A district:

(1)

Educational services.

(2)

Medical marijuana grower.

(3)

Mining.

(4)

Public administration and service.

(5)

Recreation.

(6)

Warehousing and storage.

(c)

Lot size requirements. Lot size requirements in the A district are as follows:

(1)

Minimum lot area: five acres.

(2)

Minimum lot width: 200 feet.

(3)

Minimum lot depth: 300 feet.

(d)

Bulk regulations. Bulk regulation requirements in the A district are as follows:

(1)

The maximum structure height as measured from the finished floor elevation of the first floor to the highest point of the roof: no maximum limit.

(2)

Setbacks. The following are the minimum required setbacks:

a.

Minimum front yard: 50 feet on all property boundaries abutting a right-of-way or road/access easement.

b.

Minimum side yard: 30 feet.

c.

Minimum rear yard: 50 feet.

(3)

Maximum lot coverage: 40 percent.

(e)

Exceptions. Agricultural structures accessory to the principal agriculture uses of the property are exempt from this section.

(Ord. No. 3023, § 1(23.170), 3-3-2008; Ord. No. 3036, § 6, 8-4-2008; Ord. No. 3051, § 25, 12-15-2008; Ord. No. 3416, § 3, 9-17-2018)

The P Public District identifies properties owned by the city and any other municipal, county, state or federal government agency and operated for the use and benefit of the general public. The city adopts regulations for general application throughout the city. All uses, lands, and structures in the P district shall comply with the general regulations as set forth in this chapter, except as it pertains to the construction and maintenance of streets and permanent infrastructure. Development activity on city property shall not require approval by the planning commission and/or city council as set forth in this chapter.

(Ord. No. 3023, § 1(23.171), 3-3-2008)

The U University District identifies property owned and used by the state for Oklahoma State University or any public higher education institution. Any property zoned U district is exempt from the requirements of this chapter.

(Ord. No. 3023, § 1(23.172), 3-3-2008)

(a)

Purpose. Because the uses identified as requiring specific use permits are more intense or have a greater impact than those permitted by right, such uses shall be evaluated based upon their ability to locate next to less intensive uses.

(b)

Requirement. All uses classified as a specific use in a zoning district are subject to the provisions of this article. This division is hereby established to set forth evaluation criteria sufficient to render a determination as to which such uses may be integrated with other adjacent land uses.

(c)

Application. The specific use permitting process is commenced by the filing of a completed application and supporting documentation with the development services department. The application shall be on a form furnished by said department and shall include the following:

(1)

A typewritten and electronic/digital copy of the legal description of the subject property;

(2)

A copy of any existing or proposed restrictive covenants on the subject property;

(3)

A nonrefundable filing fee;

(4)

A specific use permit plan drawn to an appropriate scale and containing at a minimum the following:

a.

Dimensions of the site, including easements and rights-of-way, and location with respect to streets and adjacent properties;

b.

Dimension of buildings and location with respect to property boundaries;

c.

Location and type of existing and proposed outdoor features such as signs, fences, landscaping or outdoor light fixtures;

d.

Location, arrangement and dimensions of off-street parking and loading spaces and access drives;

e.

Number of residential dwelling units, if any, per structure;

f.

Any other physical features or characteristics which may be unique to the property or particular use proposed;

g.

Existing use of abutting/adjoining properties;

h.

Existing zoning of the subject property and the abutting/adjoining properties; and

i.

Location of existing and proposed public utilities.

(5)

Building elevation drawings and construction materials when abutting a residential district.

A specific use permit plan may be used as a commercial use-by-right plan when such is required, provided it meets the criteria set forth in article XIV of this chapter, commercial use by right.

(d)

Review and notice requirement. The planning commission shall review all applications for a specific use permit prior to consideration by the city council. After completing its review, the planning commission shall return the application with its recommendation to the development services department for submission to the city council. The city council shall hold a public hearing to consider the application. In the event two or more different applications requiring public hearings for the same property are considered together by the city council, only one public hearing shall be required. Notice the city council will conduct a public hearing to consider such applications shall be published in a newspaper of general circulation in the city. Such notice shall also be given in writing by mail to all owners of property, within a 300-foot radius, excluding public rights-of-way, of the exterior boundary of the subject property. Required notices shall be published and mailed at least 20 days prior to the date of the public hearing and shall contain the following:

(1)

The legal description of the subject property and the street address, if any. Absent a street address, a clear and adequate description of the property's location in the city;

(2)

The current zoning of the property and the zoning sought by the applicant;

(3)

The date, time and place of the public hearing; and

(4)

The notice to surrounding property owners shall also include a map showing the location of the subject property with respect to surrounding lots, abutting streets, railroads, and waterways as applicable and necessary to convey clear and adequate understanding of the property's location.

(e)

Hearing procedure. Upon satisfaction the required notice has been given, the city council shall hold a public hearing to review the proposed specific use permit application, receive comments from interested parties, and receive the recommendation of the planning commission. Each public hearing shall be preceded by a report from city staff concerning the general nature of the application and specific information as necessary to explain relevant conditions, requirements, findings or historical background.

(f)

Council action. The city council shall approve, approve with conditions, or deny the specific use permit. In the case of any action other than approval, the city council shall state the reasons for its action and such shall be reflected in the record of the proceeding. The city council may impose conditions related to the use of land, including but not limited to permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, signage, landscaping, parking and loading, compatibility, land use density and such other development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole. The effect of the proposed specific use upon the character of the neighborhood, traffic conditions, public utilities, drainage, and other matters related to the general welfare may also be considered. Specific use permits may be granted with such requirements or conditions, as the city council deems appropriate. Approval of a specific use permit shall be documented by the signature of the presiding officer of the city council, together with certification by the city clerk, on a permit form attached to the original application. Said form shall also contain a written description of any specific requirements imposed as a condition of approval of the specific use. The approved specific use permit plan shall always be considered a part of the specific use permit.

(g)

Amendment. Except for minor amendments to the specific use permit plan, any deviation from the approved specific use permit during the term of the use shall be considered invalid and a violation of the provisions of this section unless said deviation shall have first been submitted and approved according to the notice and procedural requirements set forth for new specific use permit applications. Minor modifications to an approved final SUP plan which do not affect the character or impact of the development may be administratively approved by the development services director or designee. Any changes shall be consistent with the approved SUP.

(h)

Validity. Specific use permits approved by the city council shall be issued to the applicant making the request and operating the specific use and shall be valid for a period one year from the date granted unless within such one year period a building permit is obtained for the erection or alteration of a structure, or an occupancy permit is obtained and the use commenced, as approved for the specific use permit. Once an approved specific use is commenced, it shall be valid until such use of land or buildings is discontinued for a period of 90 days or more, until the expiration of any time limit placed on the use by the city council as a condition of approval, or at such time the specific use permit holder ceases to operate the specific use. A specific use permit which expires due to the provisions of this subsection shall be considered invalid and such specific use shall be prohibited until the specific use is reviewed and approved according to the notice and procedural requirements set forth for new specific use permit applications.

(i)

Inspection. Inspections by city staff will occur annually to verify continual compliance with the conditions of approval of the specific use permit. If a complaint is received, the permit holder shall allow city staff the right of entry to perform inspections to verify compliance with the conditions of approval.

(Ord. No. 3023, § 1(23.180), 3-3-2008; Ord. No. 3051, § 26, 12-15-2008)