5-1.1 Intent and where permitted. This district (hereafter referred to as R-1) is created to establish a plan implementation zone that:

•

Recognizes the existence of previously established low density residential districts in communities;

•

Encourages clustering of development and provision of location, environmental and development amenities;

•

Provides for low density residential development in cul-de-sac neighborhoods, community areas and the urban area; and

•

Enhances the community's character through the promotion of high quality design.

Uses are limited to single-family dwellings served by public sewers, some residentially related institutions, to certain incidental uses intended primarily to provide service to a dwelling or a residential neighborhood.

5-1.2. Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Detached single-family dwellings, excluding manufactured homes.

2.

Community parks and recreation (publicly owned).

3.

Conservation and passive recreation areas.

4.

Conservation/open space development of permitted residential uses, provided that conditions outlined in article VII (conservation/open space development) are met.

5.

Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.

6.

Guest house or pool house on a lot containing a single-family residence limited to one on each lot and shall not include cooking facilities and shall not exceed the square footage of the principal structure.

7.

Swimming pool for a single-family residential dwelling, that is completely enclosed by an opiate fence or wall at least four feet in height, but not over eight feet in height. Swimming pools shall meet all the requirements of the International Building Code and applicable local health department rules and regulations.

8.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; any accessory building exceeding 200 square feet shall have an exterior finish consistent with the primary residence. Accessory buildings shall not exceed a total of 400 square feet of gross floor area.

9.

Temporary construction uses.

10.

Building or lands used for governmental purposes by a branch of a local, state or federal government such as schools, parks, post offices or fire stations.

11.

Public utilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios.

12.

Public utility facilities, if essential to service this zoning district, are permitted provided:

a.

All structures, except for driveways, are placed 50 feet from any property line.

b.

All structures, except for driveways, are enclosed by a wall or woven wire fence at least but not greater than eight feet in height.

c.

A ten-foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet in height and provide an effective visual screen.

d.

The lot is suitably landscaped.

e.

No vehicles or equipment are stored on the premises.

13.

Stormwater management facilities shown on an approved final site plan or subdivision plat.

14.

Schools offering traditional core educational courses similar to the public elementary, middle and high schools, provided:

a.

Any school be on a lot at least of 400 feet wide and containing six acres of lot area;

b.

All buildings be at least 60 feet from every property line.

15.

Existing cemeteries.

16.

Short-term lodging—Homestay pursuant to the supplemental use requirements in article XVII.

5-1.3 Permitted by special use.

A.

The following uses may be permitted provided the applicant for such a development is granted a special use permit by the mayor and council after receiving recommendations from the planning commission and after a public hearing:

1.

Cultural exhibits and libraries.

2.

Religious institutions, provided:

a.

The lot abuts upon an arterial or collector street or state highway.

b.

The lot is at least three acres in size.

c.

All buildings are located at least 50 feet from all property lines.

d.

A buffer at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen;

e.

Adequate off-street parking, provided:

i.

Parking area is located to the side or rear of the principal building.

f.

A circular drive for off-street loading is provided.

3.

Family day care center, provided:

a.

It is an owner-occupied establishment;

b.

Must obtaining signatures from neighboring lots;

c.

No more than six individuals are kept.

4.

Group day care facilities including private kindergartens and playschools, provided:

a.

The lot abuts upon a major or collector street or a state highway.

b.

A circular drive for off-street loading and unloading of children is provided.

c.

At least 35 square feet of indoor play area for each child at maximum enrollment is provided.

d.

At least 100 square feet of outdoor play area for each child at maximum enrollment is provided.

e.

The outdoor play area is enclosed by a fence at least four feet in height but not over eight feet in height.

f.

A circular drive for off-street loading is provided.

g.

If a special use permit is approved, comply with all state day care requirements and health regulations.

4.

Parks, private, provided:

a.

All buildings are located at least 100 feet from any property line.

5.

Neighborhood recreation centers, provided:

a.

All buildings are located at least 100 feet from any property line.

6.

Bed and breakfast.

7.

Short-term lodging—Vacation home facility pursuant to article XVI.

5-1.4 Prohibited uses. All uses not listed in the permitted or special use sections are considered prohibited, unless a conditional use is otherwise authorized.

5-1.5 District development regulations.

A.

The following contain the development regulations for the R-1 district. Any exceptions to the following must be approved by the planning commission upon recommendation from staff.

1.

Minimum lot size: 10,000 square feet.

2.

Minimum lot width: 100 feet.

3.

Minimum road frontage (measured at property line): 40 feet.

4.

Minimum setback to a public street: 50 feet (from property line).

5.

Minimum side yard: Ten feet.

6.

Minimum rear yard: 40 feet.

7.

Total maximum height: 30 feet.

8.

Minimum heated floor area: 1,250 square feet.

9.

Minimum buffer area between adjacent, dissimilar districts: None.

10.

Minimum separation between buildings on same lot: Ten feet.

11.

Maximum building height: 30 feet or two stories.

12.

Maximum lot coverage: 40 percent.

5-1.6 Additional District Development Regulations.

A.

The following contain the development regulations for the R-1 District. Any variance to the following must be approved by the mayor and council upon recommendation from planning commission.

1.

Lighting.

a.

Lighting, other than landscape lighting, if provided, shall be dark sky compliant and reflect away from residential areas and public streets.

2.

Trash disposal.

a.

Each property shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view.

3.

Connectivity and site design requirements.

a.

The R-1 district should incorporate multi-modal transportation (applicable modes consisting of pedestrian, bicycle, and vehicular) elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

b.

A grid system of streets, where feasible given the topography, is preferred over cul-de-sac designs. Block length should be conducive to pedestrian traffic.

c.

Traffic calming methods should be incorporated to promote pedestrian accessibility and safety.

5-1.7 Minimum parking requirements.

A.

The following serves as a minimum requirement, specifically intended for this district. Please refer to article VII, off-street parking and loading requirements, for additional standards.

1.

Each single-family dwelling shall have two garage or carport parking spaces; such parking spaces shall be prohibited in required front yards or corner lot side yards.

2.

A minimum driveway length of 20 feet shall be required between said parking and any street right-of-way line.

3.

Parking shall only be allowed on areas surfaced with all-weather materials such as concrete, asphalt, brick, stone, or decorative gravel.

4.

Automobiles parked in front yards cannot consume more than 20 percent or 400 square feet, whichever is less.

5.

Minimum off-street parking spaces required.

a.

Off-street parking and loading shall be provided as stated in article VII.

6.

The parking or storage of any commercial vehicle is prohibited except when any of the following provisions apply:

a.

A commercial vehicle temporarily parked or standing in a residential zoning district for less than eight hours.

b.

An automobile, pickup truck, van or sport utility vehicle used to provide daily transportation to and from work.

7.

A maximum of one piece of major recreational equipment may be parked or stored on a single-family residential lot provided that it is parked in compliance with section 5-267 of the Code of Ordinances. Additional major recreational equipment may only be parked or stored in enclosed buildings or in a carport provided that said recreational equipment fits entirely within the carport. However, such equipment may be parked on residential premises for a period of not more than 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

5-1.8 Streetscape requirements. Sidewalks shall be built along both sides of all public and private streets in the district, pursuant to chapter 25, streets and sidewalks. The following provisions shall be required in storefront areas, as defined, and may be considered appropriate in other parts of the R-1 district:

A.

Sidewalks and streetscape zone.

1.

All sidewalks shall have a minimum width of five feet with a minimum clear zone of five feet. Alongside the sidewalk and integrated there with shall be a continuous streetscape zone for street trees and street furniture adjacent to the curb which shall not be less than five feet in width.

B.

Pedestrian crossings of driveways and intersections.

1.

The color and composition of sidewalk shall be continued as it crosses vehicular driveways and street intersections. Where the sidewalk color and composition of the sidewalk is not otherwise distinguishable from the driveway or roadway composition and color, the sidewalk shall be composed of material with color and texture that distinguishes the pedestrian crossing. This provision is required to promote safety of pedestrians, as different textures or colors of pedestrian crossings alert or remind the motorist pedestrians are present.

(Ord. No. 2018-07, Pt. III(§§ 1, 2), 8-7-18; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24)

5-2.1 Intent and where permitted. This district (hereafter referred to as R-2) is created to establish a plan implementation zone that:

•

Promotes the preservation of historic and architectural integrity of Stone Mountain's residential neighborhoods;

•

Restricts properties and structures to predominantly low density single-family residential uses;

•

Requires low densities that are similar to the established neighborhoods within the R-2 district;

•

Protects the established neighborhoods from encroachment of uses not performing a function necessary to the single-family residential environment.

Uses are limited to single-family detached dwellings, two-family dwellings upon condition, some residentially related institutions, to certain incidental uses intended primarily to provide service to a dwelling or a residential neighborhood.

5-2.2 Permitted Uses by Right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Detached single-family dwellings, excluding manufactured homes provided the development is compatible to the scale and architectural style of the surrounding neighborhood.

2.

Swimming pool for a single-family residential dwelling, that is completely enclosed by an opaque fence or wall at least four feet in height, but not over eight feet in height. Swimming pools shall meet all the requirements of the International Building Code and applicable local health department rules and regulations.

3.

Community parks and recreation (publicly owned).

4.

Conservation and passive recreation areas.

5.

Conservation/open space development of permitted residential uses, provided that conditions outlined in article VII (conservation/open space development) are met.

6.

Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.

7.

Building or lands used for governmental purposes by a branch of a local, state or federal government such as schools, parks, post offices or fire stations.

8.

Public utilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios.

9.

Public utility facilities, if essential to service this zoning district, are permitted provided:

a.

All structures, except for driveways, are placed 50 feet from any property line.

b.

All structures, except for driveways, are enclosed by a wall or opiate fence at least but not greater than eight feet in height.

c.

Ten-foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet in height and provide an effective visual screen.

d.

The lot is suitably landscaped.

e.

No vehicles or equipment are stored on the premises.

10.

Stormwater management facilities shown on an approved final site plan or subdivision plat.

11.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; any accessory building exceeding 200 square feet shall have an exterior finish consistent with the primary residence. Accessory buildings shall not exceed 400 square feet of gross floor area.

12.

Existing cemeteries.

13.

Short-term lodging—Homestay pursuant to the supplemental use requirements in article XVII.

14.

Temporary construction uses.

5-2.3 Permitted by special use.

A.

The following uses may be permitted provided the applicant for such a development is granted a special use permit by the mayor and council after receiving recommendations from the planning commission and after a public hearing:

1.

Single- and two-family attached dwellings, provided the dwelling is owner-occupied.

2.

Cultural exhibits and libraries.

3.

Religious institutions, provided:

a.

The lot abuts upon an arterial or collector street or state highway.

b.

The lot is at least three acres in size.

c.

All buildings are located at least 50 feet from all property lines.

d.

A buffer at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen.

e.

Adequate off-street parking, provided:

i.

Parking area is located to the side or rear of the principal building.

f.

A circular drive for off-street loading is provided.

4.

Bed and breakfast.

5.

Guest house or pool house on a lot containing a single-family residence limited to one on each lot and shall not include cooking facilities and shall not exceed the square footage of the principal structure.

6.

Accessory dwelling units and garage apartments provided that:

a.

The minimum lot area required for any lot containing an accessory dwelling unit or garage apartment shall be the minimum lot size required by R-2 district regulations, and the guest house shall not exceed the square footage of the principal structure.

b.

The primary building/residence is not rented.

c.

The accessory dwelling unit shall contain 400 or less square feet, with the maximum lot coverage with the principal and accessory structures combined not to exceed the maximum lot coverage as specified in the R-2 District Regulations.

d.

The accessory dwelling unit shall meet the requirements as provided in article VI supplemental, section 6-8 accessory uses.

7.

Family day care center, provided:

a.

It is an owner-occupied establishment;

b.

Must receive approval by:

i.

Obtaining signatures from neighboring lots; and

ii.

Receive approval through a public hearing.

c.

No more than six individuals are kept.

8.

Group day care facilities including private kindergartens and playschools, provided:

a.

The lot abuts upon a major or collector street or a state highway.

b.

A circular drive for off-street loading and unloading of children is provided.

c.

If a special use permit is approved, comply with all state day care requirements and health regulations.

d.

At least 35 square feet of indoor play area for each child at maximum enrollment is provided.

e.

At least 100 square feet of outdoor play area for each child at maximum enrollment is provided.

f.

The outdoor play area is enclosed by a fence at least four feet in height but not over eight feet in height.

g.

A circular drive for off-street loading is provided.

9.

Short-term lodging—Vacation home facility pursuant to article XVI.

10.

Neighborhood recreation centers, provided:

a.

All buildings are located at least 100 feet from any property line.

11.

Schools offering traditional core educational courses similar to the public elementary, middle and high schools, provided:

a.

Any school be on a lot at least of 400 feet wide and containing six acres of lot area;

b.

All buildings be at least 60 feet from every property line.

12.

Planned community including single-family residential units, multi-family residential units with or without individual cooking facilities and complimentary uses primarily to provide services to the planed community, provided:

a.

The minimum parcel size for the development is five acres.

b.

A master plan for the entire development is approved.

c.

Commercial or other non-residential uses shall be incidental to the primary use.

13.

Parks (private).

a.

All buildings are located at least 100 feet from any property line.

5-2.4 Prohibited uses.

A.

All uses not listed in the permitted or special use sections are considered prohibited, unless a conditional use is otherwise authorized.

5-2.5 District development regulations.

A.

The following contain the development regulations for the R-2 district. Any exceptions to the following must be approved by the planning commission upon recommendation from staff.

1.

Minimum lot size: 15,000 feet.

2.

Minimum lot width: 100 feet.

3.

Minimum road frontage (measured at property line): 30 feet.

4.

Minimum yard abutting a public street: Ten feet (from property line).

5.

Minimum side yard: Ten feet.

6.

Minimum rear yard: 30 feet.

7.

Maximum height (of living space, not including attic and basement): 30 feet.

8.

Minimum heated floor area: 1,500 square feet.

9.

Maximum floor area: None.

10.

Minimum buffer area between adjacent, dissimilar districts: None.

11.

Minimum separation between buildings on same lot: Ten feet.

12.

Maximum building height: 30 feet or two stories.

a.

Bonus: 35 feet or three stories, provided:

i.

The principle dwelling is a part of a conservation/open space development;

ii.

The principal dwelling promotes sustainable building practices as outlined by LEED or EARTH CRAFT building standards.

13.

Maximum lot coverage: 40 percent, including off-street parking.

5-2.6 Additional district development regulations.

A.

The following contain the development regulations for the R-2 district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission:

1.

Base density.

a.

One to two dwelling units per acre.

2.

Maximum density.

a.

Two dwelling units per acre.

3.

Minimum density.

a.

None.

4.

Setback requirements for mixed-use development.

a.

None.

5.

Lighting.

a.

Lighting other than landscape lighting, if provided, shall be dark sky compliant and reflect away from residential areas and public streets.

6.

Trash disposal.

a.

Each property shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view.

7.

Connectivity and site design requirements.

a.

The R-2 district should incorporate multi-modal transportation (applicable modes consisting of pedestrian, bicycle, and vehicular) elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

b.

A grid system of streets, where feasible given the topography, is preferred over cul-de-sac designs. Block length should be conducive to pedestrian traffic.

c.

Traffic calming methods should be incorporated to promote pedestrian accessibility and safety.

5-2.7 Minimum parking requirements.

A.

The following serves as a minimum requirement, specifically intended for this district. Please refer to article VII, off-street parking and loading requirements, for additional standards.

1.

Each single-family dwelling shall have two garage or carport parking spaces; such parking spaces shall be prohibited in required front yards or corner lot side yards.

2.

A minimum driveway length of 20 feet shall be required between said parking and any street right-of-way line.

3.

Parking shall only be allowed on areas surfaced with all-weather materials such as concrete, asphalt, brick, stone, or decorative gravel.

4.

Automobiles parked in front yards cannot consume more than 20 percent or 400 square feet, whichever is less.

5.

Minimum off-street parking spaces required.

a.

Off-street parking and loading shall be provided as stated in article VII.

6.

Decorative fences or walls, plantings, berms, or other similar features should be used to screen surface parking lots from public view or soften their visual impact.

7.

Surface parking lots should be oriented behind or to the side of a building when possible. Surface parking lots should not be located on street corners.

8.

Parallel parking is permitted along all streets within the development provided the street construction specifications meet the required city code regarding parallel parking.

9.

The parking or storage of any commercial vehicle is prohibited except when any of the following provisions apply:

a.

A commercial vehicle temporarily parked or standing in a residential zoning district for less than eight hours.

b.

An automobile, pickup truck, van or sport utility vehicle used to provide daily transportation to and from work.

10.

A maximum of one piece of major recreational equipment may be parked or stored on a single-family residential lot provided that it is parked in compliance with section 5-267 of the Code of Ordinances. Additional major recreational equipment may only be parked or stored in enclosed buildings or in a carport provided that said recreational equipment fits entirely within the carport. However, such equipment may be parked on residential premises for a period of not more than 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

5-2.8 Streetscape requirements. Sidewalks shall be built along both sides of all public and private streets in the district, pursuant to chapter 25, Streets and sidewalks. The following provisions shall be required in storefront areas, as defined, and may be considered appropriate in other parts of the R-2 district:

A.

Sidewalks and streetscape zone.

1.

All sidewalks shall have a minimum width of five feet with a minimum clear zone of five feet. Alongside the sidewalk and integrated there with shall be a continuous streetscape zone for street trees and street furniture adjacent to the curb which shall not be less than five feet in width.

B.

Pedestrian crossings of driveways and intersections.

1.

The color and composition of sidewalk shall be continued as it crosses vehicular driveways and street intersections. Where the sidewalk color and composition of the sidewalk is not otherwise distinguishable from the driveway or roadway composition and color, the sidewalk shall be composed of material with color and texture that distinguishes the pedestrian crossing. This provision is required to promote safety of pedestrians, as different textures or colors of pedestrian crossings alert or remind the motorist pedestrians are present.

(Ord. No. 2018-01, Pt. I(§§ 1, 2), 3-6-18; Ord. No. 2018-07, Pt. III(§§ 3, 4), 8-7-18; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24)

5-3.1 Intent and where permitted. This district (hereafter referred to as R-3) is created to establish a plan implementation zone that:

•

Promotes the preservation of historic and architectural integrity of Stone Mountain's residential neighborhoods;

•

Encourages and allows for cluster development;

•

Encourage the preservation of functional open space in and around the R-3 district;

•

Encourages infill development;

•

Provides for compact single-family and two-family residential development;

•

Promotes more efficient use of land and utilities;

•

Accommodates moderate-density residential development adjacent to small-scale commercial uses;

•

Encourage pedestrian-oriented development within walking distance of transit opportunities;

•

Enhance the community's character through the promotion of high quality urban design.

Uses are limited to single-family dwellings, two-family dwellings, some residentially related institutions, to certain incidental uses intended primarily to provide service to a dwelling or a residential neighborhood.

5-3.2 Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Single- and two-family attached dwellings, provided the dwelling is owner occupied.

2.

Detached single-family dwellings, excluding manufactured homes.

3.

Conservation/open space development of permitted residential uses, provided that conditions outlined in article VII (conservation/open space development) are met.

4.

Community parks and recreation (publicly owned).

5.

Conservation and passive recreation areas.

6.

Fire and police protection services.

7.

Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.

8.

Temporary construction uses.

9.

Building or lands used for governmental purposes by a branch of a local, state or federal government such as schools, parks, post offices or fire stations.

10.

Public utilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios.

11.

Public utility facilities, if essential to service this zoning district, are permitted provided:

a.

All structures, except for driveways, are placed 50 feet from any property line.

b.

All structures, except for driveways, are enclosed by a wall or woven wire fence at least but not greater than eight feet in height.

c.

A ten-foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet in height and provide an effective visual screen.

d.

The lot is suitably landscaped.

e.

No vehicles or equipment are stored on the premises.

12.

Stormwater management facilities shown on an approved final site plan or subdivision plat.

13.

Schools offering traditional core educational courses similar to the public elementary, middle and high schools, provided:

a.

Any school be on a lot at least of 400 feet wide and containing six acres of lot area;

b.

All buildings be at least 60 feet from every property line.

14.

Existing cemeteries.

15.

Short-term lodging—Homestay pursuant to the supplemental use requirements in article XVII.

5-3.3 Permitted by special use. The following uses may be permitted provided the applicant for such a development is granted a special use permit by the mayor and council after receiving recommendations from the planning commission and after a public hearing:

1.

Cultural exhibits and libraries.

2.

Lodges and buildings of fraternal and civic assembly, provided that:

a.

The lot abuts upon an arterial or collector street or state highway.

b.

The lot is at least three acres in size.

c.

All buildings are located at least 50 feet from all property lines.

d.

A buffer at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen;

e.

Adequate off-street parking, provided:

i.

Parking area is located to the side or rear of the principal building.

f.

A circular drive for off-street loading is provided.

2.

Bed and breakfast provided that it is owner-occupied and that conditions outlined in article XV (bed and breakfast facilities) are met.

3.

Accessory dwelling units or guest houses on a lot containing a single-family residence limited to one on each lot and provided further that the minimum lot area shall be the minimum lot size required by R-3 district regulations.

a.

The accessory dwelling unit shall contain not less than 400 or less square feet, with the maximum lot coverage with the principal and accessory structures combined not to exceed the maximum lot coverage as specified in the R-3 district regulations.

b.

The accessory dwelling unit shall meet the requirements as provided in article VI supplemental, section 6-8 accessory uses.

4.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; any accessory building exceeding 200 square feet shall have an exterior finish consistent with the primary residence. Accessory buildings shall not exceed 400 square feet of gross floor area.

5.

Rental of permitted accessory dwelling units and guest cottages, provided that:

a.

Yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out;

b.

The primary building/residence is not rented.

6.

Eating and drinking establishments.

7.

Food and beverage retail sales.

8.

Retail sales and services, provided:

a.

A use does not exceed 2,500 square feet of gross floor area per parcel.

b.

The lot must abut a major street as defined by the official zoning map.

9.

Planned community including single-family residential units, multi-family residential units with or without individual cooking facilities and complimentary uses primarily to provide services to the planned community, provided:

a.

The minimum parcel size for the development is five acres.

b.

A master plan for the entire development is approved.

c.

Commercial or other non-residential uses shall be incidental to the primary use.

10.

Short-term lodging—Vacation home facility pursuant to article XVI.

5-3.4 Prohibited uses.

A.

All uses not listed in the permitted or special use sections are considered prohibited, unless a conditional use is otherwise authorized.

5-3.5 District development regulations.

A.

The following contain the development regulations for the R-3 district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission.

1.

Minimum lot size:

a.

7,000 feet (detached residential);

b.

5,000 feet (attached residential);

c.

No minimum (commercial).

2.

Minimum lot width: 30 feet.

3.

Minimum road frontage (measured at property line): 30 feet.

4.

Minimum yard abutting a public street (from property line):

a.

20 feet (detached residential);

b.

20 feet (attached single-family residential);

c.

No minimum (commercial).

5.

Minimum side yard: Ten feet.

6.

Minimum rear yard:

a.

20 feet (detached residential);

b.

20 feet (attached single- and two-family residential);

c.

30 feet (commercial).

7.

Maximum height (of living space, not including attic and basement): 30 feet.

8.

Minimum heated floor area:

a.

1,250 square feet (detached residential).

b.

1,000 square feet (attached single- and two-family residential).

c.

No minimum (commercial).

9.

Maximum floor area.

a.

10,000 square feet (detached residential).

b.

2,000 square feet (attached single- and two-family residential).

c.

1,000 square feet (commercial).

10.

Minimum buffer area between adjacent, dissimilar districts: None.

11.

Minimum separation between buildings on same lot: None.

12.

Maximum building height: 30 feet or two stories.

Bonus: 50 feet or three stories, provided:

a.

The principal dwelling is a part of a conservation/open space development.

b.

The principal dwelling promotes sustainable building practices as outlined by LEED or EARTH CRAFT building standards.

13.

Maximum lot coverage: 60 percent, including off-street parking.

5-3.6 Additional district development regulations.

A.

The following contain the development regulations for the R-3 district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission.

1.

Base density.

a.

Four to ten dwelling units per acre.

2.

Maximum density.

a.

Ten dwelling units per acre.

3.

Minimum density.

a.

Four dwelling units per acre.

4.

Setback requirements for mixed-use development.

a.

Front setbacks may vary from a minimum of 15 feet to a maximum of 25 feet to accommodate for outdoor retail and dining.

5.

Lighting.

a.

Lighting other than landscape lighting, if provided, shall be dark sky compliant and reflect away from residential areas and public streets.

6.

Trash disposal.

a.

Each property shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view.

7.

Connectivity and site design requirements.

a.

The R-3 district should incorporate multi-modal transportation (applicable modes consisting of pedestrian, bicycle, and vehicular) elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

b.

A grid system of streets, where feasible given the topography, is preferred over cul-de-sac designs. Block length should be conducive to pedestrian traffic.

c.

Traffic calming methods should be incorporated to promote pedestrian accessibility and safety.

5-3.7 Minimum parking requirements.

A.

The following serves as a minimum requirement, specifically intended for this district. Please refer to article VII, off-street parking and loading requirements, for additional standards.

1.

Each single-family dwelling shall have two garage or carport parking spaces; such parking spaces shall be prohibited in required front yards or corner lot side yards.

2.

A minimum driveway length of 20 feet shall be required between said parking and any street right-of-way line.

3.

Parking shall only be allowed on areas surfaced with all-weather materials such as concrete, asphalt, brick, stone, or decorative gravel.

4.

Automobiles parked in front yards cannot consume more than 20 percent or 400 square feet, whichever is less.

5.

Minimum off-street parking spaces required.

a.

Off-street parking and loading shall be provided as stated in article VII.

6.

Decorative fences or walls, plantings, berms, or other similar features should be used to screen surface parking lots from public view or soften their visual impact.

7.

Surface parking lots should be oriented behind or to the side of a building when possible. Surface parking lots should not be located on street corners.

8.

Underground or within the building parking is encouraged to maximize green space.

9.

Shared parking should be utilized to reduce surface parking as outlined in article VII, off-street parking and loading requirements.

10.

Parallel parking is permitted along all streets within the development provided the street construction specifications meet the required city code regarding parallel parking.

a.

The parking or storage of any commercial vehicle is prohibited except when any of the following provisions apply:

i.

A commercial vehicle temporarily parked or standing in a residential zoning district for less than eight hours.

ii.

An automobile, pickup truck, van or sport utility vehicle used to provide daily transportation to and from work.

11.

A maximum of one piece of major recreational equipment may be parked or stored on a single-family residential lot provided that it is parked in compliance with section 5-267 of the Code of Ordinances. Additional major recreational equipment may only be parked or stored in enclosed buildings or in a carport provided that said recreational equipment fits entirely within the carport. However, such equipment may be parked on residential premises for a period of not more than 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

5-3.8 Streetscape requirements. Sidewalks shall be built along both sides of all public and private streets in the district, pursuant to chapter 25, streets and sidewalks. The following provisions shall be required in storefront areas, as defined, and may be considered appropriate in other parts of the R-3 district:

A.

Sidewalks and streetscape zone.

1.

All sidewalks shall have a minimum width of five feet with a minimum clear zone of five feet. Alongside the sidewalk and integrated there with shall be a continuous streetscape zone for street trees and street furniture adjacent to the curb which shall not be less than five feet in width.

B.

Pedestrian crossings of driveways and intersections.

1.

The color and composition of sidewalk shall be continued as it crosses vehicular driveways and street intersections. Where the sidewalk color and composition of the sidewalk is not otherwise distinguishable from the driveway or roadway composition and color, the sidewalk shall be composed of material with color and texture that distinguishes the pedestrian crossing. This provision is required to promote safety of pedestrians, as different textures or colors of pedestrian crossings alert or remind the motorist pedestrians are present.

(Ord. No. 2018-01, Pt. I(§§ 3, 4), 3-6-18; Ord. No. 2018-07, Pt. III(§§ 5, 6), 8-7-18; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24)

5-4.1 Intent and where permitted. This district (hereafter referred to as R-4) is created to establish a plan implementation zone that:

•

Recognizes the existence of a previously established medium density residential district in communities and the urban area;

•

Retains and protects the historic Shermantown neighborhood;

•

Encourages infill development;

•

Provides for compact single-family residential development;

•

Promotes more efficient use of land and utilities;

•

Accommodates moderate-density residential development above small-scale ground-floor commercial uses;

•

Encourage pedestrian-oriented development within walking distance of transit opportunities;

•

Enhance the community's character through the promotion of high-quality urban design.

Uses are limited to single-family dwellings, two-family dwellings, some residentially related institutions, mixed-use developments to certain enumerated complimentary uses intended primarily to provide service to a dwelling or a residential neighborhood.

5-4.2 Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Detached single-family dwellings, excluding manufactured homes.

2.

Attached single- and multi-family dwellings, provided:

a.

Residential units are not on the ground floor;

b.

Are a part of a residential/commercial mixed-use building.

3.

Conservation/open space development of permitted residential uses, provided that conditions outlined in article VII (conservation/open space development) are met.

4.

Rental of permitted residential uses or guest cottages, provided that either the principal residence or guest cottage is owner occupied; that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out.

5.

Community parks and recreation (publicly owned).

6.

Conservation and passive recreation areas.

7.

Fire and police protection services.

8.

Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.

9.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; except that not more than two automobiles in operating condition belonging to residents of a dwelling shall be parked between a dwelling and the street or streets it adjoins. All cars in excess of two and all cars not in operating condition any truck, boat or unoccupied travel trailer shall be parked in the rear yard or in a garage or carport. All automobile parts shall be stored within a garage or storage building. Any accessory building exceeding 200 square feet shall have an exterior finish consistent with the primary residence. Accessory buildings shall not exceed 800 square feet of gross floor area.

10.

Building or lands used for governmental purposes by a branch of a local, state or federal government such as schools, parks, post offices or fire stations.

11.

Public utilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios.

12.

Public utility facilities, if essential to service this zoning district, are permitted provided:

a.

All structures, except for driveways, are placed 50 feet from any property line.

b.

All structures, except for driveways, are enclosed by a wall or opiate fence at least but not greater than eight feet in height.

c.

A ten-foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet in height and provide an effective visual screen.

d.

The lot is suitably landscaped.

e.

No vehicles or equipment are stored on the premises.

13.

Stormwater management facilities shown on an approved final site plan or subdivision plat.

14.

Schools offering traditional core educational courses similar to the public elementary, middle and high schools, provided:

a.

Any school be on a lot at least of 400 feet wide and containing six acres of lot area;

b.

All buildings be at least 60 feet from every property line.

15.

Existing cemeteries.

16.

Retail sales and services, provided:

a.

A use is a part of a residential/commercial mixed-use building;

b.

A use does not exceed 1,000 square feet of gross floor area per parcel;

c.

A use does not provide for, or serve alcohol.

17.

Religious institutions, provided:

a.

The lot abuts upon an arterial or collector street or state highway.

b.

The lot is at least three acres in size.

c.

All buildings are located at least 50 feet from all property lines.

d.

A buffer at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen;

e.

Adequate off-street parking, provided:

i.

Parking area is located to the side or rear of the principal building.

f.

A circular drive for off-street loading is provided.

18.

Short-term lodging—Homestay pursuant to the supplemental use requirements in article XVII.

5-4.3 Permitted by special use.

A.

The following uses may be permitted provided the applicant for such a development is granted a special use permit by the mayor and council after receiving recommendations from the planning commission and after a public hearing:

1.

Cultural exhibits and libraries.

2.

Lodges and buildings of fraternal and civic assembly, provided that:

a.

Such use is currently underserved by existing use.

b.

The lot abuts upon an arterial or collector street or state highway.

c.

The lot is at least three acres in size.

d.

All buildings are located at least 50 feet from all property lines.

e.

A buffer at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen.

f.

Adequate off-street parking, provided:

i.

Parking area is located to the side or rear of the principal building.

g.

A circular drive for off-street loading is provided.

3.

Bed and breakfast facilities.

4.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; any accessory building exceeding 200 square feet shall have an exterior finish consistent with the primary residence. Accessory buildings shall not exceed 400 square feet of gross floor area.

a.

Accessory dwelling units shall contain 400 or less square feet, with the maximum lot coverage with the principal and accessory structures combined not to exceed the maximum lot coverage as specified in the R-4 district regulations.

b.

The accessory dwelling unit shall meet the requirements as provided in article VI, supplemental, section 6-8, accessory uses.

5.

Eating and drinking establishments (with alcohol).

6.

Food and beverage retail sales (with alcohol).

7.

Short-term lodging—Vacation home facility pursuant to article XVI.

5-4.4 Prohibited uses.

A.

All uses not listed in the permitted or special use sections are considered prohibited, unless a conditional use is otherwise authorized.

5-4.5 District development regulations.

A.

The following contain the development regulations for the R-4 district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission.

1.

Minimum lot size:

a.

5,000 feet (detached residential);

b.

No minimum (attached single/multi-family dwellings as a part of a mixed-use building);

c.

No minimum (commercial).

2.

Minimum lot width: 50 feet.

3.

Minimum road frontage (measured at property line): 30 feet

4.

Minimum yard abutting a public street (measured from property line):

a.

15 feet (detached residential);

b.

No minimum (attached single/multi-family dwellings as a part of a mixed-use building);

c.

No minimum (commercial).

5.

Minimum side yard:

a.

Ten feet (detached residential);

b.

No minimum (attached single/multi-family dwellings as a part of a mixed-use building);

c.

No minimum (commercial);

d.

If mixed-use building is detached from neighboring parcel buildings, there must be a 12-foot alleyway from the street to behind the building.

i.

Alleyway must be maintained in order to promote the health, safety and welfare of visitors, employees and residences.

6.

Minimum rear yard:

a.

20 feet (detached residential);

b.

20 feet (attached single/multi-family dwellings as a part of a mixed-use building);

c.

30 feet (commercial).

7.

Maximum height (of living space, not including attic and basement): 30 feet.

8.

Minimum heated floor area:

a.

1,000 square feet (detached residential).

b.

600 square feet (attached single/multi-family dwellings as a part of a mixed-use building).

c.

No minimum (commercial).

9.

Maximum floor area:

a.

2,500 square feet (detached residential).

b.

1,500 square feet (attached single/multi-family dwellings as a part of a mixed-use building).

c.

2,500 square feet (commercial).

10.

Minimum buffer area between adjacent, dissimilar districts: None.

11.

Minimum separation between buildings on same lot: None.

12.

Maximum building height: 30 feet or two stories.

Bonus: 50 feet or three stories, provided:

a.

The principle dwelling is a part of a conservation/open space development;

b.

The principal dwelling promotes sustainable building practices as outlined by LEED or EARTH CRAFT building standards.

13.

Maximum lot coverage: 60 percent, including off-street parking.

a.

50 percent (detached residential); ten percent parking.

b.

40 percent (attached single/multi-family dwellings as a part of a mixed-use building); 20 percent parking.

c.

40 percent (commercial); 20 percent parking.

5-4.6 Additional District Development Regulations.

A.

The following contain the development regulations for the R-4 district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission:

1.

Base density.

a.

Four to eight dwelling units per acre.

2.

Maximum density.

a.

Eight dwelling units per acre.

3.

Minimum density.

a.

Four dwelling units per acre.

4.

Maximum nonresidential.

a.

None.

5.

Setback requirements for mixed-use development.

a.

Setbacks may vary from 15 to 25 feet to accommodate for outdoor retail and dining.

6.

Lighting.

a.

Lighting, other than landscape lighting if provided, shall be dark sky compliant and reflect away from residential areas and public streets.

b.

Lighting must be pedestrian-oriented and included in alleyways.

7.

Trash disposal.

a.

Each property shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view.

8.

Connectivity and site design requirements.

a.

The R-4 district should incorporate multi-modal transportation (applicable modes consisting of pedestrian, bicycle, and vehicular) elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

b.

A grid system of streets, where feasible given the topography, is preferred over cul-de-sac designs. Block length should be conducive to pedestrian traffic.

c.

Traffic calming methods should be incorporated to promote pedestrian accessibility and safety.

5-4.7 Minimum parking requirements.

A.

The following serves as a minimum requirement, specifically intended for this district. Please refer to article VII, off-street parking and loading requirements, for additional standards.

1.

Each single-family dwelling shall have two garage or carport parking spaces; such parking spaces shall be prohibited in required front yards or corner lot side yards.

2.

A minimum driveway length of 20 feet shall be required between said parking and any street right-of-way line.

3.

Parking shall only be allowed on areas surfaced with all-weather materials such as concrete, asphalt, brick, stone, or decorative gravel.

4.

Automobiles parked in front yards cannot consume more than 20 percent or 400 square feet, whichever is less.

5.

Minimum off-street parking spaces required.

a.

Off-street parking and loading shall be provided as stated in article VII.

6.

Decorative fences or walls, plantings, berms, or other similar features should be used to screen surface parking lots from public view or soften their visual impact.

7.

The location and design of parking structures should minimize their visibility from the street, adjacent properties, or other public areas and are not appropriate abutting residential properties outside the R-4 district.

8.

Surface parking lots should be oriented behind or to the side of a building when possible. Surface parking lots should not be located on street corners.

9.

Underground or within the building parking is encouraged to maximize green space.

10.

Shared parking should be utilized to reduce surface parking.

11.

Parallel parking is permitted along all streets within the development provided the street construction specifications meet the required city code regarding parallel parking.

12.

The parking or storage of any commercial vehicle is prohibited except when any of the following provisions apply:

a.

A commercial vehicle temporarily parked or standing in a residential zoning district for less than eight hours.

b.

An automobile, pickup truck, van or sport utility vehicle used to provide daily transportation to and from work.

13.

A maximum of one piece of major recreational equipment may be parked or stored on a single-family residential lot provided that it is parked in compliance with section 5-267 of the Code of Ordinances. Additional major recreational equipment may only be parked or stored in enclosed buildings or in a carport provided that said recreational equipment fits entirely within the carport. However, such equipment may be parked on residential premises for a period of not more than 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

5-4.8 Streetscape requirements.

A.

Sidewalks shall be built along both sides of all public and private streets in the district, pursuant to chapter 25, streets and sidewalks. The following provisions shall be required in storefront areas, as defined, and may be considered appropriate in other parts of the R-4 district:

1.

Sidewalks and streetscape zone.

a.

All sidewalks shall have a minimum width of five feet with a minimum clear zone of five feet. Alongside the sidewalk and integrated there with shall be a continuous streetscape zone for street trees and street furniture adjacent to the curb which shall not be less than five feet in width.

2.

Pedestrian crossings of driveways and intersections.

b.

The color and composition of sidewalk shall be continued as it crosses vehicular driveways and street intersections. Where the sidewalk color and composition of the sidewalk is not otherwise distinguishable from the driveway or roadway composition and color, the sidewalk shall be composed of material with color and texture that distinguishes the pedestrian crossing. This provision is required to promote safety of pedestrians, as different textures or colors of pedestrian crossings alert or remind the motorist pedestrians are present.

(Ord. No. 2018-01, Pt. I(§ 5), 3-6-18; Ord. No. 2018-07, Pt. III(§§ 7, 8), 8-7-18; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24)

5-5.1 Intent and where permitted. This district (hereafter referred to as VCM) is created to establish a plan implementation zone that:

•

Accommodates moderate- to high-density residential development and ground-floor commercial uses with residential units above. This district also accommodates low-intensity office development compatible with the residential character of the VCM district;

•

Allows for a diverse variety of uses, structures, densities and open spaces when not in conflict with existed and permitted land uses on abutting properties;

•

Promotes a more efficient use of land and a smaller network of utilities and natural resources than conventional land development;

•

Encourages the preservation of functional open space in and around the village center;

•

Provides the opportunity for the application of innovative site planning concepts through the creation of aesthetically pleasing environments for living, shopping and working on properties of adequate shape, size and location that conventional land development may not allow for;

•

Encourages high pedestrian use and accessibility and transportation alternatives.

Uses are limited to multi-family dwellings, two-family dwellings, mixed-use residential and commercial developments to commercial and professional complimentary uses intended primarily to provide service to the entire city.

5-5.2 Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Attached multi-family dwellings, provided:

a.

Is a part of a residential/commercial mixed-use building.

2.

Conservation/open space development of permitted residential uses, provided that conditions outlined in article VII (conservation/open space development) are met.

3.

Rental of permitted residential uses, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out.

4.

Community parks and recreation (publicly owned).

5.

Conservation and passive recreation areas.

6.

Fire and police protection services.

7.

Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.

8.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; any accessory building exceeding 200 square feet shall have an exterior finish consistent with the primary residence. Accessory buildings shall not exceed 400 square feet of gross floor area.

9.

Temporary construction uses.

10.

Building or lands used for governmental purposes by a branch of a local, state or federal government such as schools, parks, post offices or fire stations.

11.

Public utilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios.

12.

Public utility facilities, if essential to service this zoning district, are permitted provided:

a.

All structures, except for driveways, are placed 50 feet from any property line.

b.

All structures, except for driveways, are enclosed by a wall or woven wire fence at least but not greater than eight feet in height.

c.

A ten-foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet in height and provide an effective visual screen.

d.

The lot is suitably landscaped.

e.

No vehicles or equipment are stored on the premises.

13.

Stormwater management facilities shown on an approved final site plan or subdivision plat.

14.

Consumer services (non-automotive).

15.

Recreation sales and services.

16.

Automatic teller machines that are not an accessory use to a financial center.

17.

Professional medical clinic services.

18.

Financial services.

19.

Eating and drinking establishments.

20.

Food and beverage retail sales.

21.

Professional offices.

22.

Retail sales (general excluding automotive).

23.

Short-term lodging—Homestay pursuant to the supplemental use requirements in article XVII.

24.

Short-term lodging—Vacation home facility pursuant to the supplemental use requirements in article XVI.

25.

Hotel/motel.

5-5.3 Permitted by special use.

A.

The following uses may be permitted provided the applicant for such a development is granted a special use permit by the mayor and council after receiving recommendations from the planning commission and after a public hearing:

1.

Cultural exhibits and libraries.

2.

Bed and breakfast.

3.

Laundry services (drycleaners).

4.

Consumer repair services provided:

a.

Services are non-automotive;

b.

No outside storage.

5.

Animal sales and services (household pets no outside kennels or runs).

6.

Eating and drinking establishments (with walk-through service).

7.

Recreational equipment rental provided there is no outside storage.

8.

Reserved.

9.

Day nurseries and kindergartens.

a.

The following provisions apply to day nurseries and kindergartens:

i.

There shall be not less than 35 square feet of indoor play area for each child at maximum licensed enrollment and not less than 100 square feet per child of outdoor play area at maximum licensed enrollment.

ii.

The outdoor play area shall be enclosed by a fence not less than four feet in height but not over eight feet in height.

iii.

A circular drive shall be provided for off-street loading and unloading.

10.

Business or vocational school.

11.

Private or parochial elementary, middle or high school, or college.

a.

Day nurseries and kindergartens may be established as an accessory use to private or parochial schools subject to the requirements listed in 5-5.3A-9.

12.

Religious institutions.

13.

Microbrewery, provided that:

a.

Shall adhere to a maximum floor area of 4,000 square feet.

b.

No outdoor speaker systems shall be permitted.

c.

Productions shall be in wholly enclosed buildings.

d.

Outdoor equipment shall be permitted, with adequate screening from public view.

e.

No outdoor storage is permitted.

14.

Microdistillery (craft distillery), provided that:

a.

Shall adhere to a maximum floor area of 4,000 square feet.

b.

No outdoor speaker systems shall be permitted.

c.

Productions shall be in wholly enclosed buildings.

d.

Outdoor equipment shall be permitted, with adequate screening from public view.

e.

No outdoor storage is permitted.

15.

Alcohol outlets, provided that:

a.

No alcohol outlet shall be allowed within 200 yards of any church, temple, or place of worship, day care, school, college, university, or government owned facilities or properties.

b.

All alcohol outlets are required to have a functioning, 24/7 video surveillance system (VSS).

16.

Package store, provided that:

a.

No package store shall be allowed within 200 yards of any church, temple, or place of worship, day care, school, college, university, or government owned facilities or properties.

b.

All package stores are required to have a functioning, 24/7 video surveillance system (VSS).

17.

Convenience store without accessory fuel pumps, provided that:

a.

Storefronts along a public street shall allow views into the building interior for a depth of at least five feet.

b.

No convenience store shall be located within 3,960 feet (i.e., three-fourth of a mile) of any other convenience store. The measurement of distance for the purposes of this subsection shall be from the front door of the structure to the front door of the structure along the shortest possible course, regardless of any common route, path, or travel.

c.

At least ten percent of the sales floor area shall be dedicated to fresh or pre-packaged meats, fruits, vegetables, and diary products. Prior to the commencement of business for any convenience store, a floor plan showing the designated sales floor area shall be submitted to the city for approval.

d.

All convenience stores are required to have a functioning, 24/7 video surveillance system (VSS).

18.

Smoke shops, provided that:

a.

No smoke shop shall be allowed within 200 yards of any church, temple, or place of worship, day care, school, college, university, or government owned facilities or properties.

b.

No smoke shop shall be allowed within 500 yards of another smoke shop.

c.

The measurement of distance for the purposes of this subsection shall be measured by a straight line without regard to intervening structures or objects, from the front door of the smoke shop to the closest point on a boundary of any parcels containing a church, temple or place of worship, school, college, university, government facility, or another smoke shop.

d.

No use or establishment can exceed 2,000 square feet and drive-through/drive-up service is not permitted.

e.

Hours of operations can begin no earlier than 6:00 a.m. and end no later than 10:00 p.m., including all deliveries.

f.

All smoke shops are required to have a functioning, 24/7 video surveillance system (VSS).

5-5.4 Prohibited uses.

A.

All uses not listed in the permitted or special use sections are considered prohibited, unless a conditional use is otherwise authorized.

5-5.5 District development regulations.

A.

The following contain the development regulations for the VCM district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission.

1.

Minimum lot size: None.

2.

Minimum lot width: 60 feet.

3.

Minimum road frontage (measured at property line): 40 feet.

4.

Minimum yard abutting a public street: None.

5.

Minimum side yard: None.

6.

Minimum rear yard: 20 feet.

7.

Maximum height (of living space, not including attic and basement): 50 feet.

8.

Minimum floor area: 600 square feet.

9.

Maximum floor area: 2,400 square feet.

10.

Minimum buffer area between adjacent, dissimilar districts: None.

11.

Minimum separation between buildings on same lot: None.

12.

Maximum building height: 50 feet or three stories.

Bonus: 65 feet or four stories, provided:

a.

The principle building is a part of a conservation/open space development; or

b.

The principle building is a part of a mixed-use residential/commercial development:

i.

The principal building promotes sustainable building practices as outlined by LEED or EARTH CRAFT building standards.

13.

Maximum lot coverage: 80 percent, including a maximum of 20 percent for off-street parking.

5-5.6 Additional district development regulations.

A.

The following contain the development regulations for the VCM district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission

1.

Maximum density.

a.

20 dwelling units per acre.

2.

Minimum density.

a.

Eight dwelling units per acre.

3.

Setback requirements for mixed-use development.

a.

Setbacks may vary from zero to ten feet to accommodate for outdoor retail and dining.

4.

Lighting.

a.

Lighting, other than landscape lighting if provided, shall be dark sky compliant and reflect away from residential areas and public streets.

b.

Lighting must be pedestrian-friendly and included in alleyways.

5.

Trash disposal.

a.

Each property shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view.

6.

Connectivity and site design requirements.

a.

The VCM district should incorporate multi-modal transportation (applicable modes consisting of pedestrian, bicycle, and vehicular) elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

b.

A grid system of streets, where feasible given the topography, is preferred over cul-de-sac designs. Block length should be conducive to pedestrian traffic.

c.

Traffic calming methods should be incorporated to promote pedestrian accessibility and safety.

d.

Interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate. Proposed parcels should be arranged and designed so as to allow for the opening of future streets and provide access to those areas not presently served by streets.

5-5.7 Minimum parking requirements.

A.

The following serves as a minimum requirement, specifically intended for this district. Please refer to article VII, off-street parking and loading requirements, for additional standards.

1.

Minimum off-street parking spaces required.

a.

Off-street parking and loading shall be provided as stated in article VII.

2.

Decorative fences or walls, plantings, berms, or other similar features should be used to screen surface parking lots from public view or soften their visual impact.

3.

The location and design of parking structures should minimize their visibility from the street, adjacent properties, or other public areas and are not appropriate abutting residential properties outside the VCM district.

4.

Surface parking lots should be oriented behind or to the side of a building when possible. Surface parking lots should not be located on street corners.

5.

Underground or within the building parking is encouraged to maximize green space.

6.

Shared parking should be utilized to reduce surface parking as outlined in article VII, off-street parking and loading requirements.

7.

Parallel parking is permitted along all streets within the development provided the street construction specifications meet the required city code regarding parallel parking.

a.

The parking or storage of any commercial vehicle is prohibited except when any of the following provisions apply:

i.

A commercial vehicle temporarily parked or standing in a residential zoning district for less than eight hours.

ii.

An automobile, pickup truck, van or sport utility vehicle used to provide daily transportation to and from work.

8.

A maximum of one piece of major recreational equipment may be parked or stored on a single-family residential lot provided that it is parked in compliance with section 5-267 of the Code of Ordinances. Additional major recreational equipment may only be parked or stored in enclosed buildings or in a carport provided that said recreational equipment fits entirely within the carport. However, such equipment may be parked on residential premises for a period of not more than 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

5-5.8 Streetscape requirements.

A.

Sidewalks shall be built along both sides of all public and private streets in the district. The following provisions shall be required in storefront areas, as defined, and may be considered appropriate in other parts of the VCM district:

1.

Sidewalks and streetscape zone.

a.

All sidewalks shall have a minimum width of five feet with a minimum clear zone of ten feet. Alongside the sidewalk and integrated there with shall be a continuous streetscape zone for street trees and street furniture adjacent to the curb which shall not be less than five feet in width.

b.

One street tree as approved by the planning commission shall be planted for each 40 feet linear feet within the required streetscape zone; street trees might be regularly spaced (40 feet on center), or they may be irregularly spaced where opportunities exist, subject to the approval of the city council.

2.

Pedestrian amenities.

a.

The streetscape zone shall be planted with street trees and furnished with street furniture, including but not limited to benches and litter receptacles. The streetscape zone may also include signs, light poles, and other similar items unless otherwise specifically prohibited by regulation.

b.

For all new streetscape development, attention and respect must be given to the current, surrounding infrastructure and design.

3.

Pedestrian crossings of driveways and intersections.

a.

The color and composition of sidewalk shall be continued as it crosses vehicular driveways and street intersections. Where the sidewalk color and composition of the sidewalk is not otherwise distinguishable from the driveway or roadway composition and color, the sidewalk shall be composed of material with color and texture that distinguishes the pedestrian crossing. This provision is required to promote safety of pedestrians, as different textures or colors of pedestrian crossings alert or remind the motorist pedestrians are present.

(Ord. No. 2012-04, 9-4-12; Ord. No 2016-19, Pt. I(§§ 1—7), 12-6-16; Ord. No. 2018-07, Pt. III(§§ 9, 10), 8-7-18; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2021-05, § 1(Exh. A), 8-17-21; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24; Ord. No. 2024-07, § 1(Exh. A), 9-3-24)

5-6.1 Intent and where permitted. This district (hereafter referred to as MR-1) is created to establish a plan implementation zone that:

•

Accommodate moderate- to high-density residential development above or adjacent to ground-floor commercial uses. This district also accommodates office development compatible with the residential character of the MR-1 district;

•

Support mixed-use (residential/nonresidential) projects with active ground-floor uses;

•

Allow for a diverse variety of uses, structures, densities and open spaces when not in conflict with existed and permitted land uses on abutting properties;

•

Promote a more efficient use of land and a smaller network of utilities and natural resources than conventional land development;

•

Provide the opportunity for the application of innovative site planning concepts through the creation of aesthetically pleasing environments for living, shopping and working on properties of adequate shape, size and location that conventional land development may not allow for;

•

Encourage high pedestrian use and accessibility and transportation alternatives.

Uses are limited to multi-family dwellings, mixed-use residential and commercial developments to commercial and professional complimentary uses; certain enumerated complimentary uses intended primarily to provide services to this district.

5-6.2 Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Two-family attached dwellings.

2.

Multi-family attached dwellings.

3.

Mixed-use dwellings.

4.

Conservation/open space development of permitted residential uses, provided that conditions outlined in article VII (conservation/open space development) are met.

5.

Rental of permitted residential uses, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out.

6.

Community parks and recreation (publicly owned).

7.

Conservation and passive recreation areas.

8.

Fire and police protection services.

9.

Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.

10.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; any accessory building exceeding 200 square feet shall have an exterior finish consistent with the primary residence. Accessory buildings shall not exceed 400 square feet of gross floor area.

11.

Temporary construction uses.

12.

Building or lands used for governmental purposes by a branch of a local, state or federal government such as schools, parks, post offices or fire stations.

13.

Public utilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios.

14.

Public utility facilities, if essential to service this zoning district, are permitted provided:

a.

All structures, except for driveways, are placed 50 feet from any property line.

a.

All structures, except for driveways, are enclosed by a wall or opiate fence at least but not greater than eight feet in height.

b.

A ten-foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet in height and provide an effective visual screen.

c.

The lot is suitably landscaped.

d.

No vehicles or equipment are stored on the premises.

15.

Stormwater management facilities shown on an approved final site plan or subdivision plat.

16.

Consumer services (non-automotive).

17.

Professional medical clinic services.

18.

Financial services offices.

19.

Eating and drinking establishments (without alcohol).

20.

Food and beverage retail sales (without alcohol).

21.

Professional offices.

22.

Retail sales (general excluding automotive), provided:

a.

A use does not exceed 45,000 square feet of gross floor area.

23.

Neighborhood recreation centers, provided:

a.

All buildings are located at least 100 feet from any property line.

24.

Temporary construction uses.

25.

Schools offering traditional core educational courses similar to the public elementary, middle and high schools, provided:

i.

Any school be on a lot at least of 400 feet wide and containing six acres of lot area;

ii.

All buildings be at least 60 feet from every property line.

26.

Short-term lodging—Homestay pursuant to the supplemental use requirements in article XVII.

5-6.3 Permitted by special use.

A.

The following uses may be permitted provided the applicant for such a development is granted a special use permit by the mayor and council after receiving recommendations from the planning commission and after a public hearing:

1.

Religious institutions, provided:

a.

The lot abuts upon an arterial or collector street or state highway.

b.

The lot is at least three acres in size.

c.

All buildings are located at least 50 feet from all property lines.

d.

A buffer at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen.

e.

Adequate off-street parking, provided:

i.

Parking area is located to the side or rear of the principal building.

f.

A circular drive for off-street loading is provided.

2.

Cultural exhibits and libraries.

3.

Family day care center, provided

a.

It is an owner-occupied establishment;

b.

Must receive approval by:

i.

Obtaining signatures from neighboring lots; and

ii.

No more than six individuals are kept.

4.

Group day care facilities including private kindergartens and playschools provided:

a.

The lot abuts upon a major or collector street or a state highway.

b.

A circular drive for off-street loading and unloading of children is provided.

c.

If a special use permit is approved, comply with all state day care requirements and health regulations.

d.

At least 35 square feet of indoor play area for each child at maximum enrollment is provided.

e.

At least 100 square feet of outdoor play area for each child at maximum enrollment is provided.

f.

The outdoor play area is enclosed by a fence at least four feet in height but not over eight feet in height.

g.

A circular drive for off-street loading is provided.

5.

Animal sales and services (household pets, no outside runs or kennels).

6.

Consumer repair services provided:

h.

Services are non-automotive;

i.

No outside storage.

7.

Eating and drinking establishments (with walk-through service).

8.

Laundry services (drycleaners).

9.

Recreational equipment rental provided there is no outside storage.

10.

Automatic teller machines that is a part of a mixed-use development.

11.

Bed and breakfast, provided that conditions outlined in article XV (bed and breakfast facilities) are met.

12.

Short-term lodging—Vacation home facility pursuant to article XVI.

5-6.4 Prohibited uses.

A.

All uses not listed in the permitted or special use sections are considered prohibited, unless a conditional use is otherwise authorized.

5-6.5 District development regulations.

A.

The following contain the development regulations for the MR-1 district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission:

1.

Minimum lot size:

a.

7,000 feet (multi-family residential);

b.

No minimum (attached two/multi-family dwellings as a part of a mixed-use building);

c.

No minimum (commercial).

2.

Minimum lot width: 40 feet.

3.

Minimum road frontage (measured at property line): 35 feet.

4.

Minimum yard abutting a public street (from property line): No minimum.

5.

Minimum side yard: Ten feet.

a.

No minimum (commercial);

b.

If mixed-use building is detached from neighboring parcel buildings, there must be a 12-foot alleyway from the street to behind the building.

i.

Alleyway must be maintained in order to promote the health, safety and welfare of visitors, employees and residences.

6.

Minimum rear yard: 30 feet.

7.

Maximum height: 50 feet.

8.

Minimum floor area:

a.

400 square feet (residential).

b.

1,500 square feet (commercial).

9.

Maximum floor area.

a.

2,000 square feet (residential).

b.

4,500 square feet (commercial).

10.

Minimum buffer area between adjacent, dissimilar districts: Ten feet.

11.

Minimum separation between buildings on same lot: None.

12.

Maximum building height: 50 feet or three stories.

Bonus: 65 feet or four stories, provided:

a.

The multi-family building contains at least ten percent affordable/workforce housing units.

b.

The principal dwelling is a part of a conservation/open space development.

c.

The principal dwelling promotes sustainable building practices as outlined by LEED or EARTH CRAFT building standards.

13.

Maximum lot coverage: 60 percent, including a maximum of 20 percent for off-street parking.

5-6.6 Additional district development regulations.

A.

The following contain the development regulations for the MR-1 district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission.

1.

Maximum density.

a.

20 dwelling units per acre.

2.

Minimum density.

a.

Eight dwelling units per acre.

3.

Setback requirements for mixed-use development.

a.

Setbacks may vary from 15 to 25 feet to accommodate for outdoor retail and dining.

4.

Lighting.

a.

Lighting other than landscape lighting, if provided, shall be dark sky compliant and reflect away from residential areas and public streets.

b.

Lighting must be pedestrian-friendly and included in alleyways.

5.

Trash disposal.

a.

Each property shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view.

b.

Tenants and lessees of the same building or structure may share disposal facilities, provided that the design and plan is brought before the planning commission.

6.

Connectivity and site design requirements.

a.

The MR-1 district should incorporate multi-modal transportation (applicable modes consisting of pedestrian, bicycle, and vehicular) elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

b.

A grid system of streets, where feasible given the topography, is preferred over cul-de-sac designs. Block length should be conducive to pedestrian traffic.

c.

Traffic calming methods should be incorporated to promote pedestrian accessibility and safety.

d.

Interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate. Proposed parcels should be arranged and designed so as to allow for the opening of future streets and provide access to those areas not presently served by streets.

5-6.7 Minimum parking requirements.

A.

The following serves as a minimum requirement, specifically intended for this district. Please refer to article VII, off-street parking and loading requirements, for additional standards.

1.

Minimum off-street parking spaces required.

a.

Off-street parking and loading shall be provided as stated in article VII.

2.

Decorative fences or walls, plantings, berms, or other similar features should be used to screen surface parking lots from public view or soften their visual impact.

3.

The location and design of parking structures should minimize their visibility from the street, adjacent properties, or other public areas and are not appropriate abutting residential properties outside the MR-1 district.

4.

Surface parking lots should be oriented behind or to the side of a building when possible. Surface parking lots should not be located on street corners.

5.

Underground or within the building parking is encouraged to maximize green space.

6.

Shared parking should be utilized to reduce surface parking as outlined in article VII, off-street parking and loading requirements.

7.

Parallel parking is permitted along all streets within the development provided the street construction specifications meet the required city code regarding parallel parking.

a.

The parking or storage of any commercial vehicle is prohibited except when any of the following provisions apply:

i.

A commercial vehicle temporarily parked or standing in a residential zoning district for less than eight hours.

ii.

An automobile, pickup truck, van or sport utility vehicle used to provide daily transportation to and from work.

8.

A maximum of one piece of major recreational equipment may be parked or stored on a single-family residential lot provided that it is parked in compliance with section 5-267 of the Code of Ordinances. Additional major recreational equipment may only be parked or stored in enclosed buildings or in a carport provided that said recreational equipment fits entirely within the carport. However, such equipment may be parked on residential premises for a period of not more than 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

5-6.8 Streetscape requirements.

A.

Sidewalks shall be built along both sides of all public and private streets in the district. The following provisions shall be required in storefront areas, as defined, and may be considered appropriate in other parts of the MR1 district:

1.

Sidewalks and streetscape zone.

a.

All sidewalks shall have a minimum width of five feet with a minimum clear zone of ten feet. Alongside the sidewalk and integrated there with shall be a continuous streetscape zone for street trees and street furniture adjacent to the curb which shall not be less than five feet in width.

b.

One street tree as approved by the planning commission shall be planted for each 40 feet linear feet within the required streetscape zone; street trees might be regularly spaced (40 feet on center), or they may be irregularly spaced where opportunities exist, subject to the approval of the mayor and council

2.

Pedestrian amenities.

a.

The streetscape zone shall be planted with street trees and furnished with street furniture, including but not limited to benches and litter receptacles. The streetscape zone may also include signs, light poles, and other similar items unless otherwise specifically prohibited by regulation.

b.

For all new streetscape development, attention and respect must be given to the current, surrounding infrastructure and design.

3.

Pedestrian crossings of driveways and intersections.

a.

The color and composition of sidewalk shall be continued as it crosses vehicular driveways and street intersections. Where the sidewalk color and composition of the sidewalk is not otherwise distinguishable from the driveway or roadway composition and color, the sidewalk shall be composed of material with color and texture that distinguishes the pedestrian crossing. This provision is required to promote safety of pedestrians, as different textures or colors of pedestrian crossings alert or remind the motorist pedestrians are present.

(Ord. No. 2018-07, Pt. III(§§ 11, 12), 8-7-18; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24)

5-7.1 Intent and where permitted. This district (hereafter referred to as GC) is created to establish a plan implementation zone that:

•

Encourages the organized concentration of a wide variety of retail goods and services for the community;

•

Promotes high-quality design and aesthetic features including lighting, landscaping and pedestrian-oriented amenities;

•

Encourage inter-parcel accessibility and promotes the use of transportation alternatives;

•

Creates and enhances commercial areas where complete retail sales and services are available and desirable for public service and convenience; and

•

Require a location accessible to large numbers of people and that serve substantial portions of the community.

This district is intended primarily for developments that contain commercial, financial, governmental or professional complementary uses intended primarily to provide service to the entire community. Typically this district would be applied where central area commercial facilities are desired or along major roadways.

5-7.2 Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Administrative and business offices.

2.

Animal sales and services (household pets, no outside runs or kennels).

3.

Animal sales and services (veterinary—small animals, no outside runs or kennels).

4.

Business equipment sales.

5.

Commercial recreation.

6.

Communication services.

7.

Community parks and recreation (publicly owned).

8.

Conservation and passive recreation areas.

9.

Fire and police protection services.

10.

Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.

11.

Temporary construction uses.

12.

Building or lands used for governmental purposes by a branch of a local, state or federal government such as schools, parks, post offices or fire stations provided.

13.

Public utilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios.

14.

Public utility facilities, if essential to service this zoning district, are permitted provided:

a.

All structures, except for driveways, are placed 50 feet from any property line.

b.

All structures, except for driveways, are enclosed by a wall or opiate fence at least but not greater than eight feet in height.

c.

A ten-foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet in height and provide an effective visual screen.

d.

The lot is suitably landscaped.

e.

No vehicles or equipment are stored on the premises.

15.

Stormwater management facilities shown on an approved final site plan or subdivision plat.

16.

Consumer services (non-automotive).

17.

Recreation sales and services.

18.

Automatic teller machines that are not an accessory use to a financial center.

19.

Professional medical clinic services.

20.

Financial services.

21.

Eating and drinking establishments.

22.

Food and beverage retail sales.

23.

Professional offices.

24.

Retail sales (general excluding automotive).

25.

Funeral and interment services.

26.

Reserved.

27.

Business or vocational school.

28.

Private or parochial elementary, middle or high school, or college.

a.

Day nurseries and kindergartens may be established as an accessory use to private or parochial schools subject to the requirements listed in 5-7.3A-9.

29.

Religious institutions.

30.

Convenience store, provided that:

a.

Storefronts along a public street shall allow views into the building interior for a depth of at least five feet.

b.

No convenience store shall be located within 3,960 feet (i.e., three-fourth of a mile) of any other convenience store. The measurement of distance for the purposes of this subsection shall be from the front door of the structure to the closest point on a boundary of any parcels containing another convenience store.

c.

No less than ten percent of the sales floor area shall be dedicated to fresh or pre-packaged meats, fruits, vegetables, and dairy products. Prior to the commencement of business for any convenience store, a floor plan showing the designated sales floor area shall be submitted to the city for approval.

d.

All convenience stores are required to have a functioning, 24/7 video surveillance system (VSS).

31.

Smoke shops, provided that:

a.

No smoke shop shall be allowed within 200 yards of any church, temple, or place of worship, daycare, school, college, university, or government owned facilities or properties.

b.

No smoke shop shall be allowed within 500 yards of another smoke shop.

c.

The measurement of distance for the purposes of this subsection shall be measured by a straight line without regard to intervening structures or objects, from the front door of the smoke shop to the closest point on a boundary of any parcels containing a church, temple or place of worship, school, college, university, government facility, or another smoke shop.

d.

No use or establishment can exceed 2,000 square feet and drive-through/drive-up service is not permitted.

e.

Hours of operations can begin no earlier than 6:00 a.m. and end no later than 10:00 p.m., including all deliveries.

f.

All smoke shops are required to have a functioning, 24/7 video surveillance system (VSS).

5-7.3 Permitted by special use.

A.

The following uses may be permitted provided the applicant for such a development is granted a special use permit by the mayor and council after receiving recommendations from the planning commission and after a public hearing:

1.

Cultural exhibits and libraries.

2.

Hotel/motel.

3.

Laundry services (drycleaners).

4.

Consumer repair services provided:

a.

Services are non-automotive;

b.

No outside storage.

5.

Eating and drinking establishments (with drive-through service).

6.

Retail sales and services (with drive-through service).

7.

Recreational equipment rental provided there is no outside storage.

8.

Reserved.

9.

Day nurseries and kindergartens.

a.

The following provisions apply to day nurseries and kindergartens:

i.

There shall be not less than 35 square feet of indoor play area for each child at maximum licensed enrollment and not less than 100 square feet per child of outdoor play area at maximum licensed enrollment.

ii.

The outdoor play area shall be enclosed by a fence not less than four feet in height but not over eight feet in height.

iii.

A circular drive shall be provided for off-street loading and unloading.

10.

Microbrewery, provided that:

a.

Shall adhere to a maximum floor area of 8,000 square feet.

b.

No outdoor speaker systems shall be permitted.

c.

Productions shall be in wholly enclosed buildings.

d.

Outdoor equipment shall be permitted, with adequate screening from public view.

e.

No outdoor storage is permitted.

11.

Microdistillery (craft distillery), provided that:

a.

Shall adhere to a maximum floor area of 8,000 square feet.

b.

No outdoor speaker systems shall be permitted.

c.

Productions shall be in wholly enclosed buildings.

d.

Outdoor equipment shall be permitted, with adequate screening from public view.

e.

No outdoor storage is permitted.

12.

Alcohol outlet, provided that:

a.

No alcohol outlet shall be allowed within 200 yards of any church, temple, or place of worship, daycare, school, college, university, or government owned facilities or properties.

b.

All alcohol outlets are required to have a functioning, 24/7 video surveillance system (VSS).

13.

Package store, provided that:

a.

No package store shall be allowed within 200 yards of any church, temple, or place of worship, daycare, school, college, university, or government owned facilities or properties.

b.

All package stores are required to have a functioning, 24/7 video surveillance system (VSS).

5-7.4 Prohibited uses.

A.

All uses not listed in the permitted or special use sections are considered prohibited, unless a conditional use is otherwise authorized.

5-7.5 District development regulations.

A.

The following contain the development regulations for the GC district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission:

1.

Minimum lot size: None.

2.

Minimum lot width: 40 feet.

3.

Minimum road frontage (measured at property line): 40 feet.

4.

Minimum yard abutting a public street: 50 feet (from property line).

5.

Minimum side yard: Ten feet (20 if abutting a residential district).

6.

Minimum rear yard: 15 feet (25 if abutting a residential district).

7.

Maximum height: 30 feet.

8.

Minimum heated floor area: 2,000 square feet.

9.

Maximum floor area: 10,000 square feet.

10.

Minimum buffer area between adjacent, dissimilar districts:

a.

50 feet (if abutting a residential zoning district).

b.

15 feet (if abutting a non-residential zoning district).

11.

Minimum separation between buildings on same lot: 20 feet.

12.

Maximum building height: 30 feet or two stories.

Bonus: 45 feet or three stories, provided:

a.

The principal building is a part of a conservation/open space development; or

b.

The principal building promotes sustainable building practices as outlined by LEED or EARTH CRAFT building standards.

13.

Maximum lot coverage: 70 percent, including off-street parking.

5-7.6 Additional district development regulations.

A.

The following contain the development regulations for the GC district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission:

1.

Site and landscaping plan.

a.

A site plan and landscaping plan must be submitted and approved by the planning commission prior to development or redevelopment.

2.

Landscaped buffers.

a.

A planter landscaped in screening shrubs and trees is required and shall be permanently maintained adjacent to the fencing and property lines abutting a residentially zoned property or property designated as residential in the comprehensive plan.

b.

Each planter area shall be surrounded with a six-inch raised concrete curbing or city-approved equivalent. Minimum width of a planter shall be five feet. An irrigation system shall be installed and permanently maintained in working order in each separate planter area.

3.

Lighting.

a.

Lighting, other than landscape lighting if provided, shall be dark sky compliant and reflect away from residential areas and public streets.

b.

Lighting must be pedestrian-friendly and included in alleyways.

4.

Trash disposal.

a.

Each property shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view with materials that are resistant to rotting or decay, such as brick masonry or city-approved equivalent.

b.

Each trash disposal area shall contain gates that shall remain closed when not in use.

c.

Each trash disposal area shall be at least six feet in height to adequately screen dumpsters and recycling bins.

5.

Connectivity and site design requirements.

a.

Perimeter setbacks and buffers should protect the privacy and amenity of adjoining uses, both existing and anticipated.

b.

The GC district should incorporate multi-modal transportation (applicable modes consisting of pedestrian, bicycle, and vehicular) elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

c.

Traffic calming methods should be incorporated to promote pedestrian accessibility and safety.

d.

Interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate. Proposed parcels should be arranged and designed so as to allow for the opening of future streets and provide access to those areas not presently served by streets.

5-7.7 Minimum parking requirements.

A.

The following serves as a minimum requirement, specifically intended for this district. Please refer to article VII, off-street parking and loading requirements, for additional standards.

1.

Minimum off-street parking spaces required.

a.

Off-street parking and loading shall be provided as stated in article VII.

2.

Decorative fences or walls, plantings, berms, or other similar features should be used to screen surface parking lots from public view or soften their visual impact.

a.

The location and design of parking structures should minimize their visibility from the street, adjacent properties, or other public areas and are not appropriate abutting residential properties outside the GC district.

b.

Surface parking lots should be oriented behind or to the side of a building when possible. Surface parking lots should not be located on street corners.

c.

Underground or within the building parking is encouraged to maximize green space.

d.

Shared parking should be utilized to reduce surface parking as outlined in article VII, off-street parking and loading requirements.

5-7.8 Streetscape requirements.

A.

Sidewalks shall be built along both sides of all public and private streets in the district. The following provisions shall be required in storefront areas, as defined, and may be considered appropriate in other parts of the GC district:

1.

Sidewalks and streetscape zone.

a.

All sidewalks shall have a minimum width of five feet with a minimum clear zone of ten feet. Alongside the sidewalk and integrated there with shall be a continuous streetscape zone for street trees and street furniture adjacent to the curb which shall not be less than five feet in width.

b.

One street tree as approved by the planning commission shall be planted for each 40 feet linear feet within the required streetscape zone; street trees might be regularly spaced (40 feet on center), or they may be irregularly spaced where opportunities exist, subject to the approval of the city council.

2.

Pedestrian amenities.

a.

The streetscape zone shall be planted with street trees and furnished with street furniture, including but not limited to benches and litter receptacles. The streetscape zone may also include signs, light poles, and other similar items unless otherwise specifically prohibited by regulation.

b.

For all new streetscape development, attention and respect must be given to the current, surrounding infrastructure and design.

3.

Pedestrian crossings of driveways and intersections.

a.

The color and composition of sidewalk shall be continued as it crosses vehicular driveways and street intersections. Where the sidewalk color and composition of the sidewalk is not otherwise distinguishable from the driveway or roadway composition and color, the sidewalk shall be composed of material with color and texture that distinguishes the pedestrian crossing. This provision is required to promote safety of pedestrians, as different textures or colors of pedestrian crossings alert or remind the motorist pedestrians are present.

(Ord. No. 2012-04, 9-4-12; Ord. No 2016-19, Pt. I(§ 8), 12-6-16; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2021-05, § 1(Exh. A), 8-17-21; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24; Ord. No. 2024-07, § 1(Exh. A), 9-3-24)

5-8.1 Intent and where permitted. This district (hereafter referred to as OPI) is created to establish a plan implementation zone that:

•

Provides a transition between commercial, residential and the village center districts;

•

Provides space for office, retail and institutional facilities that do not generate heavy automobile traffic or operate between the hours of 9:00 p.m. and 7:00 a.m.;

•

Creates and enhances a healthy mix of office, institutional and retail use areas where complete services are available and desirable for public service and convenience; and

•

Requires a location that will reduce the use of automobile traffic between these separate uses while maximizing the footprint of a developable area.

This district is intended primarily for developments that contain financial, governmental, professional or complementary retail uses intended service to the professional community.

5-8.2 Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Administrative and business offices.

2.

Business equipment sales.

3.

Communication services.

4.

Community parks and recreation (publicly owned).

5.

Conservation and passive recreation areas.

6.

Cultural exhibits and library services.

7.

Fire and police protection services.

8.

Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.

9.

Temporary construction uses.

10.

Building or lands used for governmental purposes by a branch of a local, state or federal government such as schools, parks, post offices or fire stations.

11.

Public utilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios.

12.

Public utility facilities, if essential to service this zoning district, are permitted provided:

a.

All structures, except for driveways, are placed 50 feet from any property line.

b.

All structures, except for driveways, are enclosed by a wall or opiate fence at least but not greater than eight feet in height.

c.

A ten-foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet in height and provide an effective visual screen.

d.

The lot is suitably landscaped.

e.

No vehicles or equipment are stored on the premises.

13.

Stormwater management facilities shown on an approved final site plan or subdivision plat.

14.

Retail sales and services not exceeding 2,000 square feet of gross floor area.

15.

Professional medical clinic services.

16.

Financial services.

17.

Eating and drinking establishments (without alcohol).

18.

Food and beverage retail sales (without alcohol).

19.

Professional offices.

20.

Funeral and interment services.

21.

Schools offering traditional core educational courses similar to the public elementary, middle and high schools and colleges (including junior colleges).

22.

Schools shall be permitted to construct residential dormitories to house no more than 75 students. School dormitories shall conform to the specifications provided for residential dormitories in the International Building Code manual as adopted now or in the future.

23.

Other uses as approved by the city, provided:

a.

Approval must be given prior to development.

24.

Business or vocational school.

25.

Private or parochial elementary, middle or high school, or college.

a.

Day nurseries and kindergartens may be established as an accessory use to private or parochial schools subject to the requirements listed in 5-8.3A-8.

5-8.3 Permitted by special use.

A.

The following uses may be permitted provided the applicant for such a development is granted a special use permit by the city council after receiving recommendations from the planning commission and after a public hearing:

1.

Animal sales and services (household pets, no outside runs or kennels).

2.

Animal sales and services (veterinary—small animals no outside runs or kennels).

3.

Automatic teller machines that are not an accessory use to a financial center.

4.

Gasoline and fuel stations.

5.

Construction sales and services (not exceeding 8,000 square feet of gross floor area).

6.

Eating and drinking establishments (with alcohol).

7.

Food and beverage retail sales (with alcohol).

8.

Day nurseries and kindergartens.

a.

The following provisions apply to day nurseries and kindergartens:

i.

There shall be not less than 35 square feet of indoor play area for each child at maximum licensed enrollment and not less than 100 square feet per child of outdoor play area at maximum licensed enrollment.

ii.

The outdoor play area shall be enclosed by a fence not less than four feet in height but not over eight feet in height.

iii.

A circular drive shall be provided for off-street loading and unloading.

5-8.4 Prohibited uses.

A.

All uses not listed in the permitted or special use sections are considered prohibited, unless a conditional use is otherwise authorized.

5-8.5 District development regulations.

A.

The following contain the development regulations for the OPI district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission:

1.

Minimum lot size: None.

2.

Minimum lot width: None.

3.

Minimum road frontage (measured at property line): 40 feet.

4.

Minimum yard abutting a public street: 20 feet (from property line).

5.

Minimum side yard: Ten feet (20 if abutting a residential district).

6.

Minimum rear yard: 15 feet (20 if abutting a residential district).

7.

Maximum height: 30 feet.

8.

Minimum heated floor area: 2,000 square feet.

9.

Maximum floor area: 10,000 square feet.

10.

Minimum buffer area between adjacent, dissimilar districts:

a.

50 feet (if abutting a residential zoning district).

b.

15 feet (if abutting a non-residential zoning district).

11.

Minimum separation between buildings on same lot: 20 feet.

12.

Maximum building height: 30 feet or two stories.

Bonus: 45 feet or three stories, provided:

a.

The principal building is a part of a conservation/open space development;

b.

The principal building promotes sustainable building practices as outlined by LEED or EARTH CRAFT building standards.

13.

Maximum lot coverage: 70 percent, including off-street parking.

5-8.6 Additional district development regulations.

A.

The following contain the development regulations for the OPI district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission:

1.

Site and landscaping plan.

a.

A site plan and landscaping plan must be submitted and approved by the planning commission prior to development or redevelopment.

2.

Landscaped buffers.

a.

A planter landscaped in screening shrubs and trees is required and shall be permanently maintained adjacent to the fencing and property lines abutting a residentially zoned property or property designated as residential in the comprehensive plan.

b.

Each planter area shall be surrounded with a six-inch raised concrete curbing or city-approved equivalent. Minimum width of a planter shall be five feet. An irrigation system shall be installed and permanently maintained in working order in each separate planter area.

3.

Lighting.

a.

Lighting, other than landscape lighting if provided, shall be dark sky compliant and reflect away from residential areas and public streets.

b.

Lighting must be pedestrian-friendly and included in alleyways.

4.

Trash disposal.

a.

Each property shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view with materials that are resistant to rotting or decay, such as brick masonry or city-approved equivalent.

b.

Each trash disposal area shall contain gates that shall remain closed when not in use.

c.

Each trash disposal area shall be at least six feet in height to adequately screen dumpsters and recycling bins.

5.

Connectivity and site design requirements.

a.

The OPI district should incorporate multi-modal transportation (applicable modes consisting of pedestrian, bicycle, and vehicular) elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

b.

A grid system of streets, where feasible given the topography, is preferred over cul-de-sac designs. Block length should be conducive to pedestrian traffic.

c.

Traffic calming methods should be incorporated to promote pedestrian accessibility and safety.

d.

Interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate. Proposed parcels should be arranged and designed so as to allow for the opening of future streets and provide access to those areas not presently served by streets.

5-8.7 Minimum parking requirements.

A.

The following serves as a minimum requirement, specifically intended for this district. Please refer to article VII, off-street parking and loading requirements, for additional standards:

1.

Minimum off-street parking spaces required.

a.

Off-street parking and loading shall be provided as stated in article VII.

2.

Decorative fences or walls, plantings, berms, or other similar features should be used to screen surface parking lots from public view or soften their visual impact.

3.

The location and design of parking structures should minimize their visibility from the street, adjacent properties, or other public areas and are not appropriate abutting residential properties outside the OPI district.

4.

Surface parking lots should be oriented behind or to the side of a building when possible. Surface parking lots should not be located on street corners.

5.

Underground or within the building parking is encouraged to maximize green space.

6.

Shared parking should be utilized to reduce surface parking as outlined in article VII, off-street parking and loading requirements.

7.

Parallel parking is permitted along all streets within the development provided the street construction specifications meet the required city code regarding parallel parking.

5-8.8 Streetscape requirements.

A.

Sidewalks shall be built along both sides of all public and private streets in the district. The following provisions shall be required in storefront areas, as defined, and may be considered appropriate in other parts of the OPI district:

1.

Sidewalks and streetscape zone.

a.

All sidewalks shall have a minimum width of five feet with a minimum clear zone of ten feet. Alongside the sidewalk and integrated there with shall be a continuous streetscape zone for street trees and street furniture adjacent to the curb which shall not be less than five feet in width.

b.

One street tree as approved by the planning commission shall be planted for each 40 feet linear feet within the required streetscape zone; street trees might be regularly spaced (40 feet on center), or they may be irregularly spaced where opportunities exist, subject to the approval of the mayor and council.

2.

Pedestrian amenities.

a.

The streetscape zone shall be planted with street trees and furnished with street furniture, including but not limited to benches and litter receptacles. The streetscape zone may also include signs, light poles, and other similar items unless otherwise specifically prohibited by regulation.

b.

For all new streetscape development, attention and respect must be given to the current, surrounding infrastructure and design.

3.

Pedestrian crossings of driveways and intersections.

a.

The color and composition of sidewalk shall be continued as it crosses vehicular driveways and street intersections. Where the sidewalk color and composition of the sidewalk is not otherwise distinguishable from the driveway or roadway composition and color, the sidewalk shall be composed of material with color and texture that distinguishes the pedestrian crossing. This provision is required to promote safety of pedestrians, as different textures or colors of pedestrian crossings alert or remind the motorist pedestrians are present.

(Ord. No. 2012-04, 9-4-12; Ord. No. 2018-05, Pt. I(§§ 1—4), 6-5-18; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2023-05, § 1(Exh. A), 6-20-23)

5-9.1 Intent and where permitted. This district (hereafter referred to as I) is created to establish a plan implementation zone that:

•

Accommodates development for heavy commercial uses associated with manufacturing and assembly;

•

Provides for a district where such uses can operate in a manner that does not cause harm to the health, safety and welfare of the surrounding districts;

•

Encourages similar uses to operate in designated, concentrated areas within the city;

•

Provides for appropriate operating hours that do not cause hardship upon the landowner in this district nor upon the surrounding districts.

Uses are limited to developments associated with heavy commercial and industrial operations. Operating hours for all uses within this district are from 6:00 a.m. to 7:00 p.m.

5-9.2 Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Agricultural uses when located on a tract of not less than five acres.

2.

Manufacturing, processing, fabrication, assembly, packaging, repair or servicing of any consumer or commercial-grade product.

3.

Warehousing, wholesaling, storage or transport of consumer or commercial-grade product.

4.

Retail sale of any commodity manufactured, processes, fabricated, assembled or repaired by the occupant on the premises.

5.

Offices which are in conjunction with other permitted uses.

6.

Laboratories.

7.

Building material yards.

8.

Automobile, truck or equipment repair garages, provided that a minimum of two off street spaces are available for service.

9.

Automobile wrecking or junk yards, when completely enclosed by an opiate fence having a minimum height of six feet, but no less than what effectively screens from plain view of all sides of the property.

10.

Trucking, railroad terminals and stations.

11.

Fire and police protection services.

12.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; any accessory building exceeding 200 square feet shall have an exterior finish consistent with the primary residence. Accessory buildings shall be limited to two structures and not exceed 400 square feet of gross floor area.

13.

Lodges and buildings of fraternal and civic assembly, provided that:

a.

Such use is currently underserved by existing use.

b.

The lot abuts upon an arterial or collector street or state highway.

c.

The lot is at least three acres in size.

d.

All buildings are located at least 50 feet from all property lines.

e.

A buffer at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen.

f.

Adequate off-street parking, provided:

i.

Parking area is located to the side or rear of the principal building.

g.

A circular drive for off-street loading is provided.

14.

Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.

15.

Temporary construction uses.

16.

Building or lands used for governmental purposes by a branch of a local, state or federal government such as schools, parks, post offices or fire stations provided:

a.

A use does not exceed 12,000 square feet of gross floor area per parcel.

17.

Public utilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios.

18.

Public utility facilities, if essential to service this zoning district, are permitted provided:

a.

All structures, except for driveways, are placed 50 feet from any property line.

b.

All structures, except for driveways, are enclosed by a wall or opiate fence at least but not greater than eight feet in height.

c.

A ten-foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight feet in height and provide an effective visual screen.

i.

The lot is suitably landscaped.

ii.

No vehicles or equipment are stored on the premises.

d.

Stormwater management facilities shown on an approved final site plan or subdivision plat.

19.

Alcohol outlet, provided that:

a.

No alcohol outlet shall be allowed within 200 yards of any church, temple, or place of worship, daycare, school, college, university, or government owned facilities or properties.

b.

All alcohol outlets are required to have a functioning, 24/7 video surveillance system (VSS).

20.

Package store, provided that:

a.

No package store shall be allowed within 200 yards of any church, temple, or place of worship, daycare, school, college, university, or government owned facilities or properties.

b.

All package stores are required to have a functioning, 24/7 video surveillance system (VSS).

21.

Convenience store, provided that:

a.

Storefronts along a public street shall allow views into the building interior for a depth of at least five feet.

b.

No convenience store shall be located within 3,960 feet (i.e., three-fourth of a mile) of any other convenience store. The measurement of distance for the purposes of this subsection shall be from the front door of the structure to the front door of the structure along the shortest possible course, regardless of any common route, path, or travel.

c.

At least ten percent of the sales floor area shall be dedicated to fresh or pre-packaged meats, fruits, vegetables, and diary products. Prior to the commencement of business for any convenience store, a floor plan showing the designated sales floor area shall be submitted to the city for approval.

d.

All convenience stores that include commercial fuel pumps are required to have a functioning, 24/7 video surveillance system (VSS).

22.

Smoke shops, provided that:

a.

No smoke shop shall be allowed within 200 yards of any church, temple, or place of worship, daycare, school, college, university, or government owned facilities or properties.

b.

No smoke shop shall be allowed within 500 yards of another smoke shop.

c.

The measurement of distance for the purposes of this subsection shall be measured by a straight line without regard to intervening structures or objects, from the front door of the smoke shop to the closest point on a boundary of any parcels containing a church, temple or place of worship, school, college, university, government facility, or another smoke shop.

d.

No use or establishment can exceed 2,000 square feet and drive-through/drive-up service is not permitted.

e.

Hours of operations can begin no earlier than 6:00 a.m. and end no later than 10:00 p.m., including all deliveries.

f.

All smoke shops are required to have a functioning, 24/7 video surveillance system (VSS).

5-9.3 Permitted by special use.

A.

The following uses may be permitted provided the applicant for such a development is granted a special use permit by the city council after receiving recommendations from the planning commission and after a public hearing:

1.

Laundry services (drycleaners).

2.

Consumer repair services provided:

a.

No outside storage.

3.

Animal sales and services (household pets).

4.

Eating and drinking establishments (without alcohol).

5.

Recreational equipment rental provided there is no outside storage.

6.

Microbrewery, provided that:

a.

Shall adhere to a maximum floor area of 12,000 square feet.

b.

Productions shall be in wholly enclosed buildings.

7.

Microdistillery (craft distillery), provided that:

a.

Shall adhere to a maximum floor area of 12,000 square feet.

b.

Productions shall be in wholly enclosed buildings.

5-9.4 Prohibited uses.

A.

All uses not listed in the permitted or special use sections are considered prohibited, unless a conditional use is otherwise authorized.

5-9.5 Condition of operations.

A.

All uses in the I district shall conform to the city's noise ordinance and shall be so constructed, maintained and operated as to not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare. Within 300 feet of a residential district, all processes and storage, except of passenger vehicles, shall be in completely enclosed buildings. Processes and storage located at a greater distance shall be effectively screened by an opiate wall or fence of at least six feet in height, but in no case lower in height than the encloses process or storage.

B.

In addition to complying with the conditions of 5-9.5A, all uses shall comply with the following:

1.

Vibration: Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located.

2.

Smoke: Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as number 1 on the Ringelmann Chart; provided, that smoke equal to, but not in excess of, that shade of appearance described as number 2 on the Ringelmann Chart may be emitted for a period or periods totaling four minutes in any 30 minutes. For the purpose of grading the density of smoke, the Ringelmann Chart as published and used by the U.S. Bureau of Mines, and which is hereby made, by reference, a part of this ordinance, shall be the standard. All measurements shall be at the point of emission.

3.

Dust and dirt: Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property or discomfort to persons or animals at or beyond the lot line of the property on which the use is located.

4.

Industrial sewage and waste: Every use shall be so operated as to prevent the discharge into any stream, lake, or the ground of any waste which will be dangerous or discomforting to persons or animals or which will damage plants or crops or the public water supply at or beyond the lot line of the property on which the use is located. When requested by the planning commission, the county department of health shall submit a written report describing the nature and degree of hazard of the waste emitted by a particular industry or process and recommend such performance standards as will be appropriate to accomplish the above general objective.

5.

Odors: Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located.

6.

Reserved.

7.

Glare: Every use shall be so operated as to prevent emission of glare of such intensity as to be readily perceptible at any point on the nearest residential district.

8.

Electrical disturbance and radioactivity: Each use shall be so operated as to prevent the emission of quantities of radioactive materials in excess of limits established as safe by the U.S. Bureau of Standards or the emission of electrical disturbance sufficient to adversely affect the operation at any point of any equipment other than that of the creator of such disturbance.

9.

Traffic congestion and traffic noise: Each use shall take such measures to prevent or lessen traffic congestion and traffic noise generated by vehicles related to its operation as the planning commission may reasonably impose. Conditions imposed shall be designed to control the location, number, and concentration of vehicles entering or leaving a specific use at hours of peak traffic flow and thereby to relieve congestion and lessen traffic noise. Such conditions may include, but shall not be restricted to, the following:

10.

Provision of acceleration and deceleration lanes for the storage of vehicles about to leave or enter upon the street on which the use abuts.

a.

Provision of several points of access to off-street parking areas when such dispersal of access points will lessen congestion and vehicle concentration.

5-9.6 District development regulations.

A.

The following contain the development regulations for the I district. Any variance to the following must be approved by the mayor and council upon recommendation from the planning commission.

1.

Minimum lot size: None.

2.

Minimum lot width: 60 feet.

3.

Minimum road frontage (measured at property line): 35 feet.

4.

Minimum yard abutting a public street: 85 feet (from property line).

5.

Minimum side yard: None required except yards that abut a public street shall be considered front yards.

6.

Minimum rear yard: 35 feet.

7.

Maximum height (of living space, not including attic and basement): 30 feet.

8.

Minimum heated floor area: 1,000 square feet.

9.

Maximum floor area: 12,000 square feet.

10.

Minimum buffer area between adjacent, dissimilar districts: None.

11.

Minimum separation between buildings on same lot: None.

12.

Maximum building height: 30 feet or two stories.

13.

Maximum lot coverage: 80 percent, including off-street parking.

5-9.7 Additional district development regulations.

A.

The following contain the development regulations for the I district. Any variance to the following must be approved by the mayor and council upon recommendation of the planning commission.

1.

Base density.

a.

None

2.

Maximum density.

a.

None.

3.

Minimum density.

a.

None.

4.

Maximum nonresidential.

a.

None.

5.

Setback requirements for mixed-use development.

a.

None.

6.

Lighting.

a.

Lighting, other than landscape lighting if provided, shall be dark sky compliant and reflect away from residential areas and public streets.

b.

Lighting must be pedestrian-friendly and included in alleyways.

7.

Trash disposal.

a.

Each property shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view.

8.

Connectivity and site design requirements.

a.

The I district should incorporate multi-modal transportation (applicable modes consisting of pedestrian, bicycle, and vehicular) elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large.

b.

A grid system of streets, where feasible given the topography, is preferred over cul-de-sac designs. Block length should be conducive to pedestrian traffic.

c.

Traffic calming methods should be incorporated to promote pedestrian accessibility and safety.

d.

Interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate. Proposed parcels should be arranged and designed so as to allow for the opening of future streets and provide access to those areas not presently served by streets.

5-9.7 Minimum parking requirements.

A.

The following serves as a minimum requirement, specifically intended for this district. Please refer to article VII, off-street parking and loading requirements, for additional standards.

1.

Minimum off-street parking spaces required.

a.

Off-street parking and loading shall be provided as stated in article VII.

2.

Decorative fences or walls, plantings, berms, or other similar features should be used to screen surface parking lots from public view or soften their visual impact.

3.

The location and design of parking structures should minimize their visibility from the street, adjacent properties, or other public areas and are not appropriate abutting residential properties outside the I district.

4.

Surface parking lots should be oriented behind or to the side of a building when possible. Surface parking lots should not be located on street corners.

5.

Underground or within the building parking is encouraged to maximize green space.

6.

Shared parking should be utilized to reduce surface parking as outlined in article VII, off-street parking and loading requirements.

7.

Parallel parking is permitted along all streets within the development provided the street construction specifications meet the required city code regarding parallel parking.

5-9.8 Streetscape requirements.

A.

Sidewalks shall be built along both sides of all public and private streets in the district. The following provisions shall be required in storefront areas, as defined, and may be considered appropriate in other parts of the I district:

1.

Sidewalks and streetscape zone.

a.

All sidewalks shall have a minimum width of five feet with a minimum clear zone of ten feet. Alongside the sidewalk and integrated there with shall be a continuous streetscape zone for street trees and street furniture adjacent to the curb which shall not be less than five feet in width.

b.

One street tree as approved by the planning commission shall be planted for each 40 feet linear feet within the required streetscape zone; street trees might be regularly spaced (40 feet on center), or they may be irregularly spaced where opportunities exist, subject to the approval of the city council.

2.

Pedestrian amenities.

a.

The streetscape zone shall be planted with street trees and furnished with street furniture, including but not limited to benches and litter receptacles. The streetscape zone may also include signs, light poles, and other similar items unless otherwise specifically prohibited by regulation.

b.

For all new streetscape development, attention and respect must be given to the current, surrounding infrastructure and design.

3.

Pedestrian crossings of driveways and intersections.

a.

The color and composition of sidewalk shall be continued as it crosses vehicular driveways and street intersections. Where the sidewalk color and composition of the sidewalk is not otherwise distinguishable from the driveway or roadway composition and color, the sidewalk shall be composed of material with color and texture that distinguishes the pedestrian crossing. This provision is required to promote safety of pedestrians, as different textures or colors of pedestrian crossings alert or remind the motorist pedestrians are present.

(Ord. No. 2016-08, Pt. I, 2-2-16; Ord. No. 2020-06, Pt. I, 7-7-20; Ord. No. 2021-05, § 1(Exh. A), 8-17-21; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-07, § 1(Exh. A), 9-3-24)

5-10.1 Intent and where permitted. This district (hereafter referred to as FL) is created to establish a plan implementation zone that:

•

Prevent flood damage to persons and properties and minimize expenditures for flood relief programs, flood control projects and flood damage repair;

•

Preserve drainage courses that will be adequate to carry storm water runoff from existing and future land developments by (a) prohibiting any structures that would restrict or alter the free flow of flood waters, and (b) prohibiting land fills, junk yards, dumps, outdoor storage of materials, or other obstructions to the flow of flood waters, except those included in the permitted uses listed below.

•

Preserve natural conditions that will (a) allow sufficient absorption to maintain an adequate subsurface water level, and (b) filter sediment from adjacent development.

•

Minimize danger to public health by preserving natural drainage patterns and preventing stagnant water areas.

The limits of the flood hazard (FL) district are hereby determined to be areas subject to frequent periodic flooding and delineated as alluvial soils by the Soil Conservation Service, U.S. Department of Agriculture.

5-10.2 Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Agriculture, including forestry and livestock raising, requiring no structures within the flood plain except structures for temporary shelter, and including agricultural and forestry access roads.

2.

Dams provided they are constructed in accordance with specifications of the USDA Soil Conservation Service or the U.S. Army Corps of Engineers or the city.

3.

Fences that provide no material obstruction to the free flow of water.

4.

Outdoor advertising signs.

5.

Parking areas.

6.

Roads, provided adequate capacity for the free flow of flood waters is provided by means of culverts or bridges, with designs approved by the city or the state highway department, and further that in no case will a culvert be located at an elevation higher than the level of the original stream bed.

7.

Public, semi-public, private and commercial recreation uses requiring no structures within the flood plain except structures for temporary shelter.

8.

Greenspace or yards.

9.

Public, utility poles, towers, pipe lines and sewage treatment outfalls.

5-10.3 Procedures for correcting an error in the FL zoning district.

A.

If a property owner can demonstrate to the satisfaction of the planning commission that an error has been made in establishing the flood hazard district boundary line and that his property or a designated portion of it that now lies in the flood hazard district is actually not subject to flooding, the planning commission may recommend correction of the flood hazard district boundary line in question accordingly.

B.

The planning commission and the property owner involved must seek the advice and assistance of the Soil Conservation Service of the Department of Agriculture or the U.S. Army Corps of Engineers or other competent technical advisor.

5-10.4 City liability.

A.

The granting of a building permit in any flood hazard district shall not constitute a representation, guarantee or warranty of any kind by the city or by an official or employee thereof of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon, or a cause of action against such public body, official or employee for any damage that may result pursuant thereto.

B.

Although alluvial soils represent the areas most often inundated by flood waters and represent the most realistic flood plain, infrequent floods will exceed the limits of alluvial soils. The designation of flood hazard districts shall not constitute a representation, guarantee or warranty of any kind by the city or by an official or employee thereof that lands outside of such districts are not also subject to flooding.

(Ord. No. 2020-06, Pt. I, 7-7-20)

5-11.1 Intent and where permitted. This district (hereafter referred to as GS) is intended to control development on certain land and water areas

•

To provide for the preservation of undeveloped land.

•

To promote environmentally sensitive and efficient uses of the land.

•

To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat.

•

To promote interconnected greenways and corridors throughout the community.

•

To promote contiguous greenspace with adjacent jurisdictions.

•

To promote construction of convenient landscaped walking trails and bike paths to reduce reliance on automobiles.

•

To conserve scenic views.

•

To preserve important historic and archaeological sites.

•

To provide recreational opportunities both active and passive.

•

To discourage encroachment by residential, commercial, industrial or other uses capable of adversely affecting the relatively undeveloped character of the district.

5-11.2 Permitted uses by right.

1.

Publicly owned building, facility or land as part of a master recreational site plan.

2.

Building, facility or land for the distribution of utility services.

3.

Building, facility or land for recreation purposes.

4.

Unlighted, regulation size or par three golf course.

5.

Agriculture, forestry and horticulture.

6.

Wildlife refuge

5-11.3 District development regulations.

A.

The following contain the development regulations for the GS district. Any exceptions to the following must be approved by the mayor and council upon recommendation from the planning commission.

1.

Maximum building height: 30 feet or two stories.

2.

Maximum lot coverage: 15 percent, including off-street parking.

(Ord. No. 2020-06, Pt. I, 7-7-20)