Stonecrest City Zoning Code
ARTICLE 2
- DISTRICT REGULATIONS
Sec. 2.1.1.- Districts established.
City of Stonecrest establishes the following zoning districts listed in Table 2.1, which apply to property as illustrated on the official zoning map. See article 3 of this chapter for overlay districts.
Table 2.1. Zoning Districts Established
(Ord. of 8-2-2017, § 1(2.1.1))
Sec. 2.1.2. - Prior district classifications and conversion.
The zoning district classifications established prior to the effective date of this zoning ordinance in DeKalb County that are no longer active shall be treated as classifications as shown in article 1 of this chapter, Table 1.1.
(Ord. of 8-2-2017, § 1(2.1.2))
Sec. 2.1.3. - Additional regulations.
Additional regulations for a variety of development and building types can be found in article 4 of this chapter (use regulations), article 5 of this chapter (site development regulations), and article 6 of this chapter (parking). Street type classifications for front setback requirements are set forth in chapter 14.
(Ord. of 8-2-2017, § 1(2.1.3))
Sec. 2.1.4. - Reserved.
Editor's note— Ord. No. 2021-06-03, § 1(Exh. A § B), adopted August 23, 2021, repealed § 2.1.4, which pertained to appropriate zoning districts for character area designations and derived from Ord. of August 2, § 1(2.1.4).
Sec. 2.1.5. - Permitted uses.
Permitted principal and accessory uses by zoning district, and whether a use is allowed by right or only with special approval, are set forth in Table 4.1. Table 4.1 also provides additional notation where supplemental regulations, also found in article 4 of this chapter, may apply.
Sec. 2.2.1.- Dimensional requirements.
Dimensional requirements, such as overall site requirements, individual lot dimensions, and setbacks for residential zoning districts are established in Table 2.2, Residential Zoning Districts Dimensional Requirements. Residential infill development may also be subject to compatibility regulations as specified in sections 5.2.3 and 5.2.4.
Table 2.2. Residential Zoning Districts Dimensional Requirements
* See division 10 of this article.
** See article 5 of this chapter, corner lots section for reduction eligibility.
***
Open space requirement shall apply to new subdivisions if project is > five acres
or > 36 units
(chapter 14).
**** 100 feet if adjacent to property zoned or used for residential purposes.
(Ord. of 8-2-2017, § 1(2.1.5); Ord. No. 2021-06-03, § 1(Exh. A, § C), 8-23-2021)
Sec. 2.3.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the RE (Residential Estate) District is as follows:
A.
To preserve rural and estate residential character and to provide for very low density rural For sale residential communities.
B.
To provide for the protection of neighborhoods within the city where lots have a minimum area of one acre;
C.
To provide protections for existing development as new subdivisions are created;
D.
To ensure that the uses and structures authorized in the RE (Residential Estate) District are those uses and structures designed to serve the housing, recreational, educational, religious, and social needs of the neighborhood;
E.
To provide for appropriately sized accessible and useable open space in new developments for the health, recreational and social opportunities for city citizens;
F.
To provide areas for agricultural uses as appropriate;
G.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.3.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.3.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Dairy; see section 4.2.
b.
Keeping of livestock; see section 4.2.
c.
Keeping of poultry/pigeons; see section 4.2.
d.
Livestock sales pavilion; see section 4.2.
e.
Riding academies or stables; see section 4.2.
f.
Sawmill, temporary or portable; see section 4.2.
g.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, single-family (detached).
3.
Institutional/Public.
a.
Golf course or clubhouse, public or private; see section 4.2.
b.
Government facilities.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Commercial.
a.
Kennel, noncommercial.
5.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
b.
Party house.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility used for non-residential purposes (prohibited if used as residential).
b.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Home occupation, with customer contact; see section 4.2.
c.
Child care home, 5 or less; see section 4.2.
d.
Convents or monasteries; see section 4.2.
e.
Personal care home, 6 or less; see section 4.2.
f.
Senior housing; see section 4.2.
g.
Short-term vacation rental.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Places of worship; see section 4.2.
c.
Recreation club; see section 4.2.
d.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
e.
Special events facility.
f.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Animal shelter/rescue center; see section 4.2.
c.
Child day care facility, up to 6; see section 4.2.
d.
Kennel, breeding; see section 4.2.
e.
Kennel, commercial.
4.
Communication—Utility.
a.
Amateur radio service or antenna; see section 4.2.
5.
Wireless Telecommunication.
a.
New support structure from 51 feet to 150 feet; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses and structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Fitness center.
(Ord. of 8-2-2017, § 1(2.3.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.3.3. - Dimensional requirements.
Dimensional requirements for the RE (Residential Estate) District shall be as provided in Table 2.2, Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.3.3))
Sec. 2.3.4. - Site and building design standards.
Design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.3.4))
Sec. 2.4.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the RLG (Residential Large Lot) District is as follows:
A.
To provide for the development of large lot dwelling, Single Family "For Sale" residential subdivisions and For Sale Communities.
B.
To provide for the protection of neighborhoods within City of Stonecrest where lots have a minimum area of 20,000 square feet, but may have narrow lot widths;
C.
To provide for compatible infill development in neighborhoods;
D.
To provide protections for existing development as new subdivisions are created;
E.
To respond to existing site development conditions and patterns;
F.
To ensure that the uses and structures authorized in the RLG (Residential Large Lot) District are those uses and structures designed to serve the housing, recreational, educational, religious, and social needs of the neighborhood;
G.
To provide for appropriately sized accessible and useable open space in new developments for health, recreational and social opportunities for city residents;
H.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.4.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.4.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Keeping of livestock; see section 4.2.
b.
Keeping of poultry/pigeons; see section 4.2.
c.
Riding academies or stables; see section 4.2.
d.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, single-family (detached).
3.
Institutional/Public.
a.
Golf course or clubhouse, public or private; see section 4.2.
b.
Government facilities.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
5.
Wireless Telecommunications.
a.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
b.
Party house.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility used for non-residential purposes (prohibited if used as residential).
b.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Home occupation, with customer contact; see section 4.2.
c.
Child care home, 5 or less; see section 4.2.
d.
Convents or monasteries; see section 4.2.
e.
Personal care home, 6 or less; see section 4.2.
f.
Senior housing; see section 4.2.
g.
Short-term vacation rental.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Places of worship; see section 4.2.
c.
Recreation club; see section 4.2.
d.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
e.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Child day care facility, up to 6; see section 4.2.
c.
Kennel, noncommercial.
4.
Communication—Utility.
a.
Amateur radio service or antenna; see section 4.2.
5.
Wireless Telecommunication.
a.
New support structure from 51 feet to 150 feet; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses and structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Fitness center.
(Ord. of 8-2-2017, § 1(2.4.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.4.3. - Dimensional requirements.
Dimensional requirements for the R-LG District shall be as provided in Table 2.2, Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.4.3))
Sec. 2.4.4. - Site and building design standards.
Design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.4.4))
Sec. 2.5.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the R-100 (Residential Medium Lot-100) District is as follows:
A.
To provide for the protection of neighborhoods within the city where lots have a minimum area of 15,000 square feet;
B.
To provide for compatible infill development in neighborhoods;
C.
To provide "For Sale", Single family detached residential subdivisions and For Sale Communities;
D.
To provide flexibility in design on the interior of new development while protecting surrounding development;
E.
To ensure that the uses and structures authorized in the R-100 (Residential Medium Lot-100) District are those uses and structures designed to serve the housing, recreational, educational, religious, and social needs of the neighborhood;
F.
To provide for appropriately sized accessible and useable open space in new developments for health, recreational and social opportunities for city residents; and
G.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.5.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.5.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Keeping of livestock; see section 4.2.
b.
Keeping of poultry/pigeons; see section 4.2.
c.
Riding academies or stables; see section 4.2.
d.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, single-family (detached).
3.
Institutional/Public.
a.
Golf course or clubhouse, public or private; see section 4.2.
b.
Government facilities.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
5.
Wireless Telecommunications.
a.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility used for non-residential purposes (prohibited if used as residential).
b.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Home occupation, with customer contact; see section 4.2.
c.
Child care home, 5 or less; see section 4.2.
d.
Convents or monasteries; see section 4.2.
e.
Personal care home, 6 or less; see section 4.2.
f.
Senior housing; see section 4.2.
g.
Short-term vacation rental.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Places of worship; see section 4.2.
c.
Recreation club; see section 4.2.
d.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
e.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Child day care facility, up to 6; see section 4.2.
c.
Kennel, noncommercial.
4.
Communication—Utility.
a.
Amateur radio service or antenna; see section 4.2.
5.
Wireless Telecommunication.
a.
New support structure from 51 feet to 150 feet; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Fitness center.
(Ord. of 8-2-2017, § 1(2.5.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.5.3. - Dimensional requirements.
Dimensional requirements for the R-100 (Residential Medium Lot-100) District shall be as provided in Table 2.2, Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.5.3))
Sec. 2.5.4. - Site and building design standards.
Design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.5.4))
Sec. 2.6.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the R-85 (Residential Medium Lot-85) District is as follows:
A.
To provide for the protection of neighborhoods within the city where lots have a minimum area of 12,000 square feet;
B.
To provide for compatible infill development in neighborhoods;
C.
To provide "For Sale", Single family detached residential subdivisions and For Sale Communities;
D.
To provide flexibility in design on the interior of new development while protecting surrounding development;
E.
To ensure that the uses and structures authorized in the R-85 (Residential Medium Lot-85) District are those uses and structures designed to serve the housing, recreational, educational, religious, and social needs of the neighborhood;
F.
To provide for appropriately sized accessible and useable open space in new developments for health, recreational and social opportunities for city residents;
G.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.6.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.6.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Keeping of livestock; see section 4.2.
b.
Keeping of poultry/pigeons; see section 4.2.
c.
Riding academies or stables; see section 4.2.
d.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, single-family (detached).
3.
Institutional/Public.
a.
Golf course or clubhouse, public or private; see section 4.2.
b.
Government facilities.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
5.
Wireless Telecommunications.
a.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility used for non-residential purposes (prohibited if used as residential).
b.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Home occupation, with customer contact; see section 4.2.
b.
Child care home, 5 or less; see section 4.2.
c.
Convents or monasteries; see section 4.2.
d.
Personal care home, 6 or less; see section 4.2.
e.
Senior housing; see section 4.2.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Places of worship; see section 4.2.
c.
Recreation club; see section 4.2.
d.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
e.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Child day care facility, up to 6; see section 4.2.
c.
Kennel, noncommercial.
4.
Communication—Utility.
a.
Amateur radio service or antenna; see section 4.2.
5.
Wireless Telecommunication.
a.
New support structure from 51 feet to 150 feet; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Fitness center.
(Ord. of 8-2-2017, § 1(2.6.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.6.3. - Dimensional requirements.
Dimensional requirements for the R-85 (Residential Medium Lot-85) District shall be as provided in Table 2.2, Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.6.3))
Sec. 2.6.4. - Site and building design standards.
Design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.6.4))
Sec. 2.7.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the R-75 (Residential Medium Lot-75) District is as follows:
A.
To provide for the protection of neighborhoods within the city where lots have a minimum area of 10,000 square feet;
B.
To provide for compatible infill development in neighborhoods;
C.
To provide "For Sale", Single family detached residential subdivisions and For Sale Communities;
D.
To provide flexibility in design on the interior of new development while protecting surrounding development;
E.
To ensure that the uses and structures authorized in the R-75 (Residential Medium Lot-75) District are those uses and structures designed to serve the housing, recreational, educational, religious, and social needs of the neighborhood;
F.
To provide for appropriately sized accessible and useable open space in new developments for health, recreational and social opportunities for city residents;
G.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.7.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.7.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Keeping of livestock; see section 4.2.
b.
Keeping of poultry/pigeons; see section 4.2.
c.
Riding academies or stables; see section 4.2.
d.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, single-family (detached).
3.
Institutional/Public.
a.
Golf course or clubhouse, public or private; see section 4.2.
b.
Government facilities.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
5.
Wireless Telecommunications.
a.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility used for non-residential purposes (prohibited if used as residential).
b.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Home occupation, with customer contact; see section 4.2.
b.
Child care home, 5 or less; see section 4.2.
c.
Convents or monasteries; see section 4.2.
d.
Personal care home, 6 or less; see section 4.2.
e.
Senior housing; see section 4.2.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Places of worship; see section 4.2.
c.
Recreation club; see section 4.2.
d.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
e.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Child day care facility, up to 6; see section 4.2.
c.
Kennel, noncommercial.
4.
Communication—Utility.
a.
Amateur radio service or antenna; see section 4.2.
5.
Wireless Telecommunication.
a.
New support structure from 51 feet to 150 feet; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Fitness center.
(Ord. of 8-2-2017, § 1(2.7.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.7.3. - Dimensional requirements.
Dimensional requirements for the R-75 (Residential Medium Lot-75) District shall be as provided in Table 2.2, Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.7.3))
Sec. 2.7.4. - Site and building design standards.
Design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.7.4))
Sec. 2.8.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the R-60 (Residential Small Lot-60) District is as follows:
A.
To provide for the protection of neighborhoods within the city where lots have a minimum area of 6,000 square feet or 3,500 square feet if developed for cottage houses;
B.
To provide for compatible infill development in neighborhoods;
C.
To provide "For Sale", Single family detached residential subdivisions and For Sale Communities;
D.
To provide flexibility in design within new development while protecting surrounding development;
E.
To ensure that the uses and structures authorized in the R-60 (Residential Small Lot-60) District are designed to serve the housing, recreational, educational, religious, and social needs of the neighborhood;
F.
To provide for appropriately sized accessible and useable open space in new developments for the health, recreational and social opportunities for city residents;
G.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.8.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.8.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Keeping of livestock; see section 4.2.
b.
Keeping of poultry/pigeons; see section 4.2.
c.
Riding academies or stables; see section 4.2.
d.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, cottage home.
b.
Dwelling, single-family (detached).
3.
Institutional/Public.
a.
Golf course or clubhouse, public or private; see section 4.2.
b.
Government facilities.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
5.
Wireless Telecommunications.
a.
Carrier on Wheels (declared emergency); see section 4.2
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility used for non-residential purposes (prohibited if used as residential).
b.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Home occupation, with customer contact; see section 4.2.
b.
Child care home, 5 or less; see section 4.2.
c.
Convents or monasteries; see section 4.2.
d.
Personal care home, 6 or less; see section 4.2.
e.
Senior housing; see section 4.2.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Places of worship; see section 4.2.
c.
Recreation club; see section 4.2.
d.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
e.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Child day care facility, up to 6; see section 4.2.
4.
Communication—Utility.
a.
Amateur radio service or antenna; see section 4.2
5.
Wireless Telecommunication.
a.
New support structure from 51 feet to 150 feet; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Fitness center.
(Ord. of 8-2-2017, § 1(2.8.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.8.3. - Dimensional requirements.
Dimensional requirements for the R-60 (Residential Small Lot-60) District shall be as provided in Table 2.2, Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.8.3))
Sec. 2.8.4. - Site and building design standards.
Design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.8.4))
Sec. 2.9.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the MHP (Mobile Home Park) District is as follows:
A.
To provide For Sale or For Rent residential locations within the city for the location of mobile home parks.
B.
To provide for the development of accessory uses that are necessary in order to provide appropriate recreational and educational opportunities to residents.
(Ord. of 8-2-2017, § 1(2.9.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.9.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Keeping of livestock; see section 4.2.
b.
Keeping of poultry/pigeons; see section 4.2.
c.
Riding academies or stables; see section 4.2.
d.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, mobile home; see section 4.2.
b.
Dwelling, single-family (detached).
c.
Mobile home park.
3.
Institutional/Public.
a.
Golf course or clubhouse, public or private; see section 4.2.
b.
Government facilities.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Child day care center (kindergarten), 7 or more.
5.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Temporary outdoor retail sales; see section 4.2.
c.
Temporary produce stand; see section 4.2.
d.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Home occupation, with customer contact; see section 4.2.
b.
Senior housing; see section 4.2.
2.
Institutional/Public.
a.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
b.
Swimming pools, commercial; see section 4.2.
3.
Communication—Utility.
a.
Amateur radio service or antenna; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
2.
Institutional/Public.
a.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Fitness center.
(Ord. of 8-2-2017, § 1(2.9.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.9.3. - Dimensional requirements.
Dimensional requirements for the MHP (Mobile Home Park) District shall be as provided in Table 2.2, Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.9.3))
Sec. 2.9.4. - Site and building design standards.
Design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.9.4))
Sec. 2.9.5. - Transitional buffer zone requirement.
Where a lot in the MHP (Mobile Home Park) District is used for attached single-family dwellings and adjoins the boundary of any property in a Residential Single-Family District, except property on which is located a single-family attached development, a transitional buffer zone not less than 50 feet in width shall be provided and maintained in a natural state. In addition, a screening fence not less than six feet in height shall be erected and maintained either along the property line or within the transitional buffer zone separating the use from the adjoining single-family residential property.
(Ord. of 8-2-2017, § 1(2.9.5))
Sec. 2.10.1.- Scope of provisions.
The provisions contained within this division are the regulations of the RNC (Residential Neighborhood Conservation) "For Sale" District. This division establishes the procedures and the criteria that the City Council shall utilize in making a decision on any application to amend the official zoning map so as to change any parcel of land to the RNC (Residential Neighborhood Conservation) District.
(Ord. of 8-2-2017, § 1(2.10.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.10.2. - Statement of purpose and intent.
The purpose and intent of the City Council in the RNC (Residential Neighborhood Conservation) District is as follows:
A.
To encourage creative residential planning and development within the city that will preserve unique environmental features and be consistent with the comprehensive land use plan and preserves existing natural trees and vegetation;
B.
To conserve significant areas of useable greenspace within single-family neighborhoods in the Rural and Suburban character areas of the comprehensive plan;
C.
To provide a residential development that permits flexibility of design in order to promote environmentally sensitive and efficient use of land in compliance with the Code;
D.
To promote construction of accessible landscaped walking trails and bike paths both within subdivisions and, where possible, connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles;
E.
To preserve natural features, specimen trees, historic buildings, archaeological sites and establish a sense of community;
F.
To improve water quality and reduce runoff and soil erosion by reducing the total amount of clearing, grading, and paving, within the total area of a development;
G.
To encourage efficient community design that reduces infrastructure maintenance and public service costs borne by the city; and
H.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.10.2); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.10.3. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Keeping of livestock; see section 4.2.
b.
Keeping of poultry/pigeons; see section 4.2.
c.
Riding academies or stables; see section 4.2.
d.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, cottage home.
b.
Dwelling, single-family (detached).
c.
Dwelling; three family; see section 4.2.
d.
Dwelling, townhouse; see section 4.2.
e.
Dwelling, two-family; see section 4.2.
3.
Institutional/Public.
a.
Golf course or clubhouse, public or private; see section 4.2.
b.
Government facilities.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
5.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Temporary outdoor retail sales; see section 4.2.
c.
Temporary outdoor sales or events, seasonal; see section 4.2.
d.
Temporary produce stand; see section 4.2.
e.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility used for non-residential purposes (prohibited if used as residential).
b.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Home occupation, with customer contact; see section 4.2.
b.
Child care home, 5 or less; see section 4.2.
c.
Convents or monasteries; see section 4.2.
d.
Personal care home, 6 or less; see section 4.2.
e.
Senior housing; see section 4.2.
2.
Institutional/Public.
a.
Places of worship; see section 4.2.
b.
Recreation club; see section 4.2.
c.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
d.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Child day care facility, up to 6; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Fitness center.
(Ord. of 8-2-2017, § 1(2.10.3); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.10.4. - Scaled site plan.
In addition to the information and materials required as part of any application to amend the official zoning map pursuant to this chapter, each applicant for RNC (Residential Neighborhood Conservation) District classification shall submit a scaled and dimensioned site plan, which, where applicable, shall contain the following information:
A.
Size of each lot proposed to be developed within the district;
B.
Housing types (e.g., single-family detached, single-family detached condominium);
C.
Amount of land in greenspace areas to be held in joint ownership, common ownership, or control in perpetuity;
D.
Connections between greenspaces within the project and to greenspace areas on adjacent properties where possible;
E.
Building envelopes for fee simple lots;
F.
Building and driveway footprint for each single-family detached condominium;
G.
Maximum lot coverage;
H.
All streams and water bodies, including state and city stream buffer limits;
I.
Vehicular and pedestrian circulation and connections within the project and to amenities and features on adjacent property;
J.
Any aboveground detention areas serving as an amenity feature;
K.
Underground detention facilities;
L.
Flood hazard areas, wetlands, springheads, and all environmentally sensitive areas, if any;
M.
Access to public sewer;
N.
All easements;
O.
Right-of-way intended to be dedicated;
P.
Amount of land area and nonbuildable areas as identified in subsection B. of this section; and
Q.
Tree survey in compliance with chapter 14 of this Code.
(Ord. of 8-2-2017, § 1(2.10.4))
Sec. 2.10.5. - Calculation and design of greenspace.
The following standards shall govern the calculation and design of greenspace in the RNC (Residential Neighborhood Conservation) District:
A.
The allotted greenspace shall comprise at least 30 percent of the total land area excluding the undevelopable areas as identified in subsection B of this section. No part of any single-family detached residential lot, private street, private drive, or street right-of-way, front yard setback, nor any area utilized for side-to-side building separation except when used for a path or sidewalk connection to greenspace, shall count towards greenspace.
B.
Land containing any of the following features shall not be included for the purposes of calculating whether a site plan and any subsequent development meets the greenspace requirement:
1.
Streams and stream buffers;
2.
Wetlands;
3.
Rock outcroppings;
4.
Slopes steeper than 1:2 slope;
5.
Sites of archaeological significance;
6.
Floodplains; or
7.
Areas intended to be dedicated for right-of-way as shown on the scaled site plan submitted in compliance with section 2.10.4.
C.
For properties ten acres or less, at least 50 percent of the allotted greenspace shall be in an area or areas that each measure a minimum 200 square feet. For properties greater than ten acres, at least 50 percent of the allotted greenspace shall be contiguous and shall be a minimum width of 50 feet. Paths, bike paths and trails do not have to comply with the minimum width requirements set forth in this subsection.
D.
Greenspace may consist of and be designed for the following uses only:
1.
Natural undisturbed areas;
2.
Active recreation areas;
3.
Community gathering places;
4.
Trails and greenways;
5.
Bikeways and paths;
6.
Asphalt or concrete bikeways and paths with a maximum width of eight feet;
7.
Landscaped stormwater management facilities, which are constructed as part of an on-site stormwater mitigation site design feature and which are graded such that no safety fencing is required;
8.
Mature wooded areas; or
9.
Specimen trees, as defined in chapter 14 of this Code.
E.
No impervious surface, except:
(1)
Areas used for active recreation;
(2)
Historic buildings or historic sites; and
(3)
Asphalt or concrete bike paths and paths with a maximum width of eight feet, may be considered in the greenspace calculation.
Paths that require grading must not damage critical root zones of specimen trees.
F.
Preserved historic buildings or sites may be included in greenspace if intended to be for the common use and benefit of all residents of the subdivision.
G.
All dwelling units shall be provided with safe, convenient access to all greenspaces throughout the development in the form of a pedestrian circulation system consisting of structurally improved pedestrian paths and/or sidewalks, which shall be a minimum width of five feet and shall be connected so that there are no breaks in the walkable surface of the pedestrian circulation system, except where the path or sidewalk connects to a greenspace. All greenspaces shall have a minimum of two points of pedestrian access.
H.
Greenspace shall connect with other greenspace areas and trails on adjacent property where possible.
I.
Active recreation areas may be included in greenspace and shall be required in any RNC (Residential Neighborhood Conservation) District that contains 100 or more units. A conservation subdivision located in an RNC (Residential Neighborhood Conservation) District that contains between 100 and 200 units, inclusive, shall include an active recreation area of at least one acre in size. A conservation subdivision located in an RNC (Residential Neighborhood Conservation) District that contains more than 200 units, shall include a minimum of either a single active recreation area of at least two acres in size or two active recreation areas that are each at least one acre in size. No active recreation area may be located within any wetland, stream buffer, or rock outcropping.
(Ord. of 8-2-2017, § 1(2.10.5))
Sec. 2.10.6. - Development standards and permitted uses.
A.
Property within an RNC (Residential Neighborhood Conservation) District shall have a minimum of seven acres.
B.
Specimen trees located outside of the buildable area of a lot shall be preserved subject to the review of the city arborist.
C.
Active recreation areas, greenspace, stormwater management facilities, trails, bikeways, and paths, as approved, shall be installed prior to the recording of the conservation subdivision final plat.
D.
There shall be no impervious surfaces within the 75-foot stream buffer, except as provided for above in sections 2.10.5.D.4 through 6. Such encroachments into the stream buffer shall only be permissible in accordance with variances as allowed by chapter 14 of this Code.
(Ord. of 8-2-2017, § 1(2.10.6))
Sec. 2.10.7. - Minimum lot width; minimum lot size; building setback; street width; and private drive width requirements.
A.
The following standards shall apply to all single-family detached dwellings, other than condominiums and fee simple condominiums, located in RNC (Residential Neighborhood Conservation) District:
1.
Maximum density: Eight dwelling units per acre of total land area, excluding undevelopable areas as identified in section 2.10.5.B.
2.
Minimum lot width: At least 60 feet as measured at the required front building setback line; except for a lot on a cul-de-sac, which lot shall have a minimum width of 35 feet.
3.
Minimum lot area: 6,000 square feet, except that each lot on the periphery of a development within property zoned RNC (Residential Neighborhood Conservation) District that abuts adjacent property zoned and used for single-family residential purposes shall contain a lot area that is at least 80 percent of the minimum lot area required by the adjoining residential zoning.
4.
Minimum building setback adjacent to public or private streets:
a.
From thoroughfares: 30 feet.
b.
From arterials: 30 feet.
c.
From collector streets: 30 feet.
d.
From local streets: 20 feet.
5.
Minimum interior lot side building setback: 7½ (7.5) feet.
6.
Minimum periphery lot side building setback: Lots on the periphery of any RNC (Residential Neighborhood Conservation) District development shall maintain a minimum 20-foot side yard setback from any adjacent parcel located outside of the boundary of such development.
7.
Minimum rear building setback: 20 feet.
B.
The following standards shall apply to single-family detached condominiums and fee simple condominiums located in RNC (Residential Neighborhood Conservation) District:
1.
Maximum density: Eight dwelling units per acre on total land area, excluding undevelopable areas as identified in section 2.10.5.B.
2.
Minimum building setback from all peripheral property lines: 20 feet, except that when a peripheral property line adjoins a public or private street, the building setback shall be as required in section 2.10.7.A.4.
3.
Minimum distance between building structures: 15 feet.
4.
Minimum building setback from a private drive or private street: Ten feet, except that where a garage door or carport entrance faces the street, in which case the minimum setback shall be 20 feet. The building setback shall be measured from back of curb, or, where a sidewalk is provided, from back of sidewalk.
5.
Minimum travel lane width, private drive or private streets internal to the development: 24 feet. Where on-street parking is provided, it shall be provided in the form of a parking lane located between the travel lane and the curb, which lane shall be no less than ten feet wide, measured from the edge of the travel lane to front of curb.
6.
Sidewalks shall be provided on both sides of private drives or private streets that are internal to the development, as provided for in chapter 14 of this Code.
7.
Street tree species shall cause minimal interference with underground utilities, subject to approval by the city arborist.
8.
Driveways shall be a minimum of 20 feet long, measured from back of curb or, where sidewalks are provided, from the back of sidewalk, in order to prevent vehicular encroachment on areas intended for vehicular or pedestrian circulation.
9.
A public access and utility easement for electric, gas, telephone, and cable television utilities, in the form of a joint utility trench, shall be located on each side of the internal private streets or internal private drives, and shall be a minimum width of six feet, five inches.
C.
Reserved.
(Ord. of 8-2-2017, § 1(2.10.7); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.10.8. - Maximum height of buildings.
No building in the RNC (Residential Neighborhood Conservation) District shall exceed a height of 35 feet.
(Ord. of 8-2-2017, § 1(2.10.8))
Sec. 2.10.9. - Maximum lot coverage.
The lot coverage of each lot used for a single-family detached dwelling shall not exceed 50 percent.
(Ord. of 8-2-2017, § 1(2.10.9))
Sec. 2.10.10. - Ownership, control, and maintenance of required greenspace.
A.
Unified control of parcel. Any applicant for rezoning or for issuance of a land disturbance permit for property within an RNC (Residential Neighborhood Conservation) District shall be required to provide evidence of a legal mechanism for unified control of the entire parcel to be developed for review and approval by the city attorney prior to the issuance of any land disturbance or building permit. During the development process, more than one builder may participate in the development of the approved plan so long as each parcel of land remains subject to:
1.
Any zoning conditions imposed on the property; and
2.
Terms and conditions associated with any special land use permit or any special administrative permit.
B.
Maintenance and protection of land held in common. Prior to the issuance of any land disturbance permit, every applicant for development within an RNC (Residential Neighborhood Conservation) District must provide evidence of a legal mechanism under which all land to be held in common and used for greenspace purposes within the development shall be protected in perpetuity. Such legal mechanism may include deed restrictions, a homeowner association, common areas held in common ownership or control, or conservation easements held by a land trust meeting the requirements of state law, which assure in perpetuity each of the following mandatory requirements:
1.
That all land held in open space will remain undivided and shall not be subdivided or removed from joint access or benefit in perpetuity;
2.
That all subsequent property owners in the development will be placed on notice of this development restriction through the deed records filed with the Superior Court of DeKalb County;
3.
That all land held as greenspace will be properly maintained and that no liability or maintenance responsibilities for the land held as greenspace shall accrue to the city;
4.
That a legal entity exists for notice of deficiencies in maintenance of the land held as greenspace, correction of these deficiencies, and assessment of liens against the properties for the cost of the correction of these deficiencies by a third-party or the city;
5.
That the legal mechanism will become effective and enforceable prior to or at the time of recording the final plat and the sale of any individual properties within the conservation district;
6.
That all requirements of the legal mechanism used to comply with the regulations of this section will be specified on the final plat to be recorded with the Clerk of Superior Court of DeKalb County.
C.
Homeowner associations. When a homeowner association is used as the legal mechanism to comply with the requirements of this section, the applicant for any land disturbance permit, in addition to meeting all of said requirements, shall provide for all of the following:
1.
Equal access and right of use to all greenspace by all homeowners;
2.
Mandatory and automatic membership in the homeowner association for all homeowners and their successors;
3.
A fair and uniform method of assessment and collection/payment for dues, maintenance and related costs;
4.
Homeowner association lien authority to ensure the collection of dues from all members;
5.
Perpetual and continued maintenance and liability by the homeowner association of land held as greenspace; and
6.
Filing of all required covenants, declarations, and restrictions with the Clerk of the Superior Court of DeKalb County.
(Ord. of 8-2-2017, § 1(2.10.10))
Sec. 2.10.11. - Off-street parking requirements.
Minimum off-street parking requirements for uses and structures authorized and permitted in the RNC (Residential Neighborhood Conservation) District are as follows:
A.
Detached single-family dwelling: Three spaces.
B.
Reserved.
C.
Personal care home, group: Four spaces.
D.
Child care institution, group: Four spaces.
E.
Reserved.
F.
Child daycare facility: Three spaces.
G.
Convent or monastery: One space for each 200 square feet of floor area within the principal structure.
H.
Neighborhood recreation club: One space for each five club members but in no case less than ten spaces.
I.
Place of worship: Where fixed seats are used, one space for each three seats in the largest assembly room used for public worship, or, where fixed seats are not utilized, one space for each 25 square feet of floor space in the largest assembly room used for public worship.
J.
Private elementary, middle and high school:
1.
Elementary and middle school: Two spaces for each classroom.
2.
High school: Five spaces for each classroom.
K.
Other uses: One space for each 200 square feet of floor area within the principal structure.
(Ord. of 8-2-2017, § 1(2.10.11); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.10.12. - Relation of RNC (Residential Neighborhood Conservation) District regulations to subdivision or other regulations.
Where there are conflicts between these RNC (Residential Neighborhood Conservation) District regulations and land subdivision requirements contained in chapter 14 or other regulations within the Code, these RNC (Residential Neighborhood Conservation) District regulations shall apply.
(Ord. of 8-2-2017, § 1(2.10.12))
Sec. 2.11.1.- Medium and high density ranges.
The medium and high density residential zoning districts that allow cottage housing, attached, multifamily and mixed residential developments are permitted at the densities illustrated in Table 2.3, below:
Table 2.3. Summary of Density Ranges for Medium and High Density
Residential Zoning Districts
(Ord. of 8-2-2017, § 1(2.11.1); Ord. No. 2021-06-03, § 1(Exh. A, § D), 8-23-2021)
Sec. 2.11.2. - Dimensional requirements.
Dimensional requirements, including overall site requirements, individual lot dimensions, setbacks, and heights for Medium and High Density Residential Zoning Districts, are provided in Table 2.4, Medium and High Density Residential Zoning Districts Dimensional Requirements. In addition, compatibility and transitional buffers, as defined and required in article 5 of this chapter may apply.
Table 2.4. Medium and High Density Residential Zoning Districts Dimensional Requirements
* Open space requirement shall apply to new subdivisions if project is > five acres or > 36 units (see chapter 14). See article 5 of this chapter for enhanced open space requirements.
** Where two numbers are indicated, the first number is the standard and the second number applies only to housing type that is indicated, e.g., cottage or townhome.
*** See article 5 of this chapter for building separation and minimum multifamily unit size details; Urban-SF with zero-foot side setback must meet fire walls, sprinklers and any other fire code applicable to attached townhouse dwellings.
(Ord. of 8-2-2017, § 1(2.11.2); Ord. No. 2021-06-03, § 1(Exh. A, § E), 8-23-2021)
Sec. 2.12.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the RSM (Small Lot Residential Mix) District is as follows:
A.
To provide for the creation of For Sale residential neighborhoods that allow a mix of single-family attached and detached housing options;
B.
To provide flexibility in design and product on the interior of new development while protecting surrounding neighborhoods;
C.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.12.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.12.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, cottage home; see section 4.2.
b.
Dwelling, single-family (attached).
c.
Dwelling, single-family (detached).
d.
Dwelling, three-family.
e.
Dwelling, townhouse; see section 4.2.
f.
Dwelling, two family.
g.
Dwelling, urban single-family; see section 4.2.
3.
Institutional/Public.
a.
Golf course or clubhouse, public or private; see section 4.2.
b.
Government facilities.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
5.
Wireless Telecommunications.
a.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility used for non-residential purposes (prohibited if used as residential).
b.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Home occupation, with customer contact; see section 4.2.
c.
Child care home, 5 or less; see section 4.2.
d.
Convents or monasteries; see section 4.2.
e.
Personal care home, 6 or less; see section 4.2.
f.
Personal care home, 7 or more; see section 4.2.
g.
Senior housing; see section 4.2.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Places of worship; see section 4.2.
c.
Recreation club; see section 4.2.
d.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
e.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Child day care facility, up to 6; see section 4.2.
4.
Communication—Utility.
a.
Amateur radio service or antenna; see section 4.2.
5.
Wireless Telecommunication.
a.
New support structure from 51 feet to 150 feet; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Fitness center.
(Ord. of 8-2-2017, § 1(2.12.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.12.3. - Dimensional requirements.
Dimensional requirements for the RSM (Small Lot Residential Mix) District shall be as provided in Table 2.4, Medium and High Density Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.12.3))
Sec. 2.12.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.12.4))
Sec. 2.12.5. - Density and location criteria.
A.
The maximum allowed dwelling unit density in the RSM District before application of any bonus is 4 dwelling units per acre, and after application of any bonuses is 8 dwelling units per acre.
B.
Density determination of each RSM (Small Lot Residential Mix) property:
1.
Existing RSM properties: For existing properties converted to RSM (Small Lot Residential Mix) District classification at the effective date of the ordinance from which this chapter is derived:
a.
Where conditions of zoning regulating density have been attached to the property, maximum density shall remain as established in such conditions.
b.
Where no conditions of zoning regulating density have been attached to the property, maximum density shall be the Base Max described in Table 2.5 unless administratively reviewed and approved for bonus increases, according to the criteria set forth in subsection C. of this section.
2.
New RSM properties: For property rezoned to the RSM (Small Lot Residential Mix) District classification after the effective date of the ordinance from which this chapter is derived, density shall be established by the City Council at the time of approval, based upon the criteria set forth in subsection C. of this section.
C.
Density bonus eligibility and calculations. Density bonuses are allowed only for subdivisions, as defined in this chapter, and are expressly not allowed for individual infill lots. The maximum allowed density on RSM (Small Lot Residential Mix) District zoned property may be increased above the Base Max by application of density bonuses as indicated by Table 2.6, and may be accumulated if eligible. An example of how allowable density bonuses are calculated is shown in the example at the end of Table 2.6. In no case shall density exceed the bonus maximum established by Table 2.5.
Table 2.6. Residential Density Bonus Eligibility and Percent, with Example Calculation
(Ord. of 8-2-2017, § 1(2.12.5); Ord. No. 2021-06-03, § 1(Exh. A, § F), 8-23-2021; Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.12.6. - Amenity proximity requirements.
For proposed development within one-quarter mile of an existing public school, park, library, trail or greenway network, a pedestrian facility linking to the amenity shall be provided, or a stub-out for linking to a future amenity shall be provided. Measurement of distance to a qualifying amenity shall be taken from center point of the proposed drive of the principal entrance and follow the shortest street route to the center point of the closest existing drive to access the existing amenity.
(Ord. of 8-2-2017, § 1(2.12.6))
Sec. 2.12.7. - Bonus density qualifying standards.
The following standards shall be applied when considering whether bonus density may be allowed:
A.
Qualifying public improvements.
1.
Bus shelter. To qualify as eligible for bonus density, proposed bus shelter facilities shall include at a minimum a shelter structure, bench and paved access and be designed according to MARTA or GRTA standards, based upon ridership thresholds and as documented as acceptable by either agency.
2.
Park-n-ride and/or ride-share. To qualify as eligible for bonus density, proposed ride-share facilities shall provide for a minimum of 100 parking spaces, and park-n-ride amenities shall provide a minimum of 300 parking spaces, unless the station warrants fewer, as documented by MARTA or other transit service provider.
3.
Public art. To qualify for bonus density, a proposed work of art shall be subject to approval by the planning commission, be located on the development site or in a public place off-site, and have a value of at least one-half of one percent of the total construction valuation of the building permit. The maximum required value shall not exceed $250,000.00.
a.
Options for providing public art are: Purchase an existing piece of art work or have a specific piece of art work commissioned.
b.
For commissioned work, a deposit with the planning department of 115 percent of the value of the public art is required prior to the issuance of a building permit.
c.
Public art or public works of art is defined as the creative application of skill and taste by artists to production of permanent tangible objects according to the aesthetic principles, including, but not limited to, the following:
•
Paintings;
•
Sculptures;
•
Site specific installations;
•
Engravings;
•
Carvings;
•
Frescos;
•
Mobiles;
•
Murals;
•
Collages;
•
Mosaics;
•
Statutes; and
•
Bas-reliefs.
d.
Public art or public works of art shall also include the creative application of skill and taste by artists according to the aesthetic principals to the architectural embellishment of a building or structure. Architects and landscape architects are not considered artists under this definition.
e.
The following shall not be considered public art or public works of art:
•
Reproductions or unlimited copies of original art work;
•
Art objects which are mass produced;
•
Works that are decorative, ornamental or functional elements of the architecture or landscape design, except when commissioned from an artist as an integral aspect of a structure or site; and
•
Architectural rehabilitation or historical preservation.
4.
Structured parking. Developments that provide vertical, structured parking shall be eligible for the residential density bonus, provided:
a.
Parking decks not integrated into other buildings shall be located internal to the site.
b.
Structures are either:
(i)
At least two stories above ground or greater; and/or
(ii)
Alternatively, at least one story is underground.
c.
Parking decks visible from a public right-of-way shall incorporate similar architectural materials as the primary buildings.
5.
Trail with public access. Minimum length of new trail or multi-use path shall be one-quarter mile and shall connect to a greenway/trail or sidewalk network external to the site.
B.
Qualifying amenity clarifications.
1.
Health or medical services: include clinics and offices for health, dental and/or medical services, as defined in article 9 of this chapter, including pharmacies with diagnostic services.
2.
Recreational facilities: include private or public exercise gymnasiums, fitness centers, sports fields, parks, and swim centers.
(Ord. of 8-2-2017, § 1(2.12.7))
Sec. 2.13.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the MR-1 (Medium Density Residential-1) District is as follows:
A.
To encourage primarily For Sale or For Rent residential, planned developments that allow accessory retail, office, institutional, and civic uses;
B.
To provide for residential neighborhoods with a mix of single-family and multifamily housing types that maintain harmony of scale, intensity, and design with surrounding development;
C.
To provide for connectivity of streets and communities and reduce the dependence on automobile use by increasing the ease of and opportunity for alternative modes of travel;
D.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.13.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.13.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Dwelling, cottage home; see section 4.2.
b.
Dwelling, multifamily.
c.
Dwelling, single-family (attached).
d.
Dwelling, single-family (detached).
e.
Dwelling, three-family.
f.
Dwelling, townhouse; see section 4.2.
g.
Dwelling, two family.
h.
Dwelling, urban single-family; see section 4.2.
i.
Live/work unit; see section 4.2
j.
Nursing care facility or hospice.
3.
Institutional/Public.
a.
Government facilities.
b.
Library or museum.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Child day care center, up to 6; see section 4.2.
c.
Child day care facility, 7 or more; see section 4.2.
5.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Boarding/rooming house.
c.
Fraternity house or sorority house.
d.
Home occupation, with customer contact; see section 4.2.
e.
Convents or monasteries; see section 4.2.
f.
Personal care home, 6 or less; see section 4.2.
g.
Personal care home, 7 or more; see section 4.2.
h.
Senior housing; see section 4.2.
i.
Shelter for homeless persons for no more than 6 persons; see section 4.2.
j.
Short term vacation rental.
k.
Traditional housing facilities, 7—20; see section 4.2.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Cultural facilities.
c.
Places of worship; see section 4.2.
d.
Recreation club; see section 4.2.
e.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
f.
School, vocational; see section 4.2.
g.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Dog day care; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Art gallery.
b.
Banks, credit unions or other similar financial institutions.
c.
Barber shop/beauty salon or similar establishments.
d.
Building or construction office.
e.
Coin laundry.
f.
Dog grooming; see section 4.2.
g.
Dry cleaning agencies, pressing establishments, or laundry pick-up stations.
h.
Fitness center.
i.
Office, medical.
j.
Office, professional.
k.
Personal services establishment.
l.
Restaurants (non drive-thru).
m.
Retail, 5,000 sf or less (with the exception of small box discount stores).
(Ord. of 8-2-2017, § 1(2.13.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.13.3. - Dimensional requirements.
Dimensional requirements for the MR-1 (Medium Density Residential-1) District shall be as provided in Table 2.4, Medium and High Density Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.13.3))
Sec. 2.13.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.13.4))
Sec. 2.13.5. - Density and location criteria.
A.
The maximum allowed dwelling unit density in the MR-1 District before application of any bonus is 8 dwelling units per acre, and after application of any bonuses is 12 dwelling units per acre.
B.
Density determination of each MR-1 (Medium Density Residential-1) property:
1.
Existing MR-1 properties: For existing properties converted to MR-1 (Medium Density Residential-1) District classification at the effective date of the ordinance from which this chapter is derived:
a.
Where conditions of zoning regulating density have been attached to the property, maximum density shall remain as established.
b.
Where no conditions of zoning regulating density have been attached to the property, maximum density shall be the Base Max described in Table 2.7, unless administratively reviewed and approved for bonus increases, according to the criteria set forth in subsection C. of this section.
2.
New MR-1 properties: For property rezoned to the MR-1 (Medium Density Residential-1) District classification after the effective date of the ordinance from which this chapter is derived, density shall be established by the City Council at the time of approval, based upon the criteria set forth in subsection C. of this section.
C.
Density bonus eligibility and calculations. Density bonuses are intended for subdivisions, as defined in this chapter, not for individual infill lots. The maximum allowed density on MR-1 (Medium Density Residential-1) District zoned property may be increased above the base max by application of density bonuses as indicated by Table 2.6, and may be accumulated if eligible. An example of how allowable density bonuses are calculated is shown in the example at the end of Table 2.6. In no case shall density exceed the bonus maximum established by Table 2.7.
(Ord. of 8-2-2017, § 1(2.13.5); Ord. No. 2021-06-03, § 1(Exh. A, § G), 8-23-2021)
Sec. 2.14.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the MR-2 (Medium Density Residential-2) District is as follows:
A.
To encourage primarily For Sale or For Rent residential, planned developments that allow accessory retail, office, institutional, and civic uses;
B.
To provide for residential neighborhoods with a mix of single-family and multifamily housing types that maintain harmony of scale, intensity, and design with surrounding development;
C.
To provide for connectivity of streets and communities and reduce the dependence on automobile uses by increasing the ease of movement and opportunities for alternative modes of travel;
D.
To implement the future development map of the city's comprehensive plan;
E.
To provide districts that allow appropriate development transitions.
(Ord. of 8-2-2017, § 1(2.14.1); Ord. No. 2021-06-03, § 1(Exh. A, § H), 8-23-2021; Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.14.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there exist supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Boarding/rooming house.
b.
Dwelling, cottage home; see section 4.2.
c.
Dwelling, multifamily.
d.
Dwelling, single-family (attached).
e.
Dwelling, single-family (detached).
f.
Dwelling, three-family.
g.
Dwelling, townhouse; see section 4.2.
h.
Dwelling, two family.
i.
Dwelling, urban single-family; see section 4.2.
j.
Fraternity house or sorority house.
k.
Live/work unit; see section 4.2.
l.
Nursing care facility or hospice.
3.
Institutional/Public.
a.
Government facilities.
b.
Library or museum.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Child day care center, up to 6; see section 4.2.
c.
Child day care facility, 7 or more; see section 4.2.
5.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Home occupation, with customer contact; see section 4.2.
c.
Convents or monasteries; see section 4.2.
d.
Personal care home, 6 or less; see section 4.2.
e.
Personal care home, 7 or more; see section 4.2.
f.
Senior housing; see section 4.2.
g.
Shelter for homeless persons for no more than 6 persons; see section 4.2.
h.
Shelter for homeless persons 7—20; see section 4.2.
i.
Traditional housing facilities, 7—20; see section 4.2.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Cultural facilities.
c.
Places of worship; see section 4.2.
d.
Recreation club; see section 4.2.
e.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
f.
School, vocational; see section 4.2.
g.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Dog day care; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Art gallery.
b.
Banks, credit unions or other similar financial institutions.
c.
Barber shop/beauty salon or similar establishments.
d.
Building or construction office.
e.
Coin laundry.
f.
Dog grooming; see section 4.2.
g.
Dry cleaning agencies, pressing establishments, or laundry pick-up stations.
h.
Fitness center.
i.
Office, medical.
j.
Office, professional.
k.
Personal services establishment.
l.
Restaurants (non drive-thru).
m.
Retail, 5,000 sf or less (with the exception of small box discount stores).
(Ord. of 8-2-2017, § 1(2.14.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.14.3. - Dimensional requirements.
Dimensional requirements for the MR-2 (Medium Density Residential-2) District shall be as provided in Table 2.4, Medium and High Density Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.14.3))
Sec. 2.14.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.14.4))
Sec. 2.14.5. - Density and location criteria.
A.
The maximum allowed dwelling unit density in the MR-2 District before application of any bonus is 12 dwelling units per acre, and after application of any bonuses is 24 dwelling units per acre.
B.
Density determination of each MR-2 (Medium Density Residential-2) property:
1.
Existing MR-2 properties: For existing properties converted to MR-2 (Medium Density Residential-2) District classification at the effective date of the ordinance from which this chapter is derived:
a.
Where conditions of zoning regulating density have been attached to the property, maximum density shall remain as established.
b.
Where no conditions of zoning regulating density have been attached to the property, maximum density shall be the Base Max described in Table 2.8, unless administratively reviewed and approved for bonus increases according to the criteria set forth in subsection C. of this section.
2.
New MR-2 properties: For property rezoned to the MR-2 (Medium Density Residential-2) District classification after the effective date of the ordinance from which this chapter is derived density shall be established by the City Council at the time of approval, based upon the criteria set forth in subsection C. of this section.
C.
Density bonus eligibility and calculations. Density bonuses are intended for subdivisions, as defined in this chapter, not for individual infill lots. The maximum allowed density on MR-2 (Medium Density Residential-2) District zoned property may be increased above the Base Max by application of density bonuses, as indicated by Table 2.6, and may be accumulated if eligible. An example of how allowable density bonuses are calculated is shown in the example at the end of Table 2.6. In no case shall density of MR-2 (Medium Density Residential-2) zoned property exceed the bonus maximum established by Table 2.8.
(Ord. of 8-2-2017, § 1(2.14.5); Ord. No. 2021-06-03, § 1(Exh. A, § I), 8-23-2021)
Sec. 2.14.6. - Building heights.
Maximum building heights shall meet character area intent by compliance with the transitional height and buffer standards of article 5 of this chapter as well as proportional relationship of density to height as established in Table 2.9.
Table 2.9. MR-2 Building Height
Sec. 2.15.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the HR-1 (High Density Residential-1) District regulations is as follows:
A.
To encourage primarily For Sale or For Rent residential, urban-scaled developments that allow accessory retail, office, institutional, and civic uses;
B.
To provide for high density, low-rise residential neighborhoods with a mix of single-family and multifamily housing types that maintain harmony of scale, intensity, and design with surrounding development;
C.
To provide for connectivity of streets and communities and reduce the dependence on automobile use by increasing the ease of movement and opportunities for alternative modes of travel;
D.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.15.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.15.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Boarding/rooming house.
b.
Dwelling, apartment.
c.
Dwelling, cottage home; see section 4.2.
d.
Dwelling, multifamily.
e.
Dwelling, single-family (attached).
f.
Dwelling, single-family (detached).
g.
Dwelling, three-family.
h.
Dwelling, townhouse; see section 4.2.
i.
Dwelling, two family.
j.
Dwelling, urban single-family; see section 4.2.
k.
Fraternity house or sorority house.
l.
Live/work unit; see section 4.2.
m.
Micro Home Community.
3.
Institutional/Public.
a.
Government facilities.
b.
Library or museum.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Child day care center, up to 6; see section 4.2.
c.
Child day care facility, 7 or more; see section 4.2.
d.
Personal services establishment.
5.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Home occupation, with customer contact; see section 4.2.
c.
Personal care home, 6 or less; see section 4.2.
d.
Personal care home, 7 or more; see section 4.2.
e.
Senior housing; see section 4.2.
f.
Shelter for homeless persons for no more than 6 persons; see section 4.2.
g.
Shelter for homeless persons 7—20; see section 4.2.
h.
Traditional housing facilities, 7—20; see section 4.2.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Cultural facilities.
c.
Places of worship; see section 4.2.
d.
Recreation club; see section 4.2.
e.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
f.
School, vocational; see section 4.2.
g.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Dog day care; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Art gallery.
b.
Banks, credit unions or other similar financial institutions.
c.
Barber shop/beauty salon or similar establishments.
d.
Building or construction office.
e.
Coin laundry.
f.
Dog grooming; see section 4.2.
g.
Dry cleaning agencies, pressing establishments, or laundry pick-up stations.
h.
Fitness center.
i.
Office, medical.
j.
Office, professional.
k.
Restaurants (non drive-thru).
l.
Retail, 5.000 sf or less (with the exception of small box discount stores).
(Ord. of 8-2-2017, § 1(2.15.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024; Ord. No. 2024-02-05, § 1(Exh. A), 2-26-2024)
Sec. 2.15.3. - Dimensional requirements.
Dimensional requirements for the HR-1 (High Density Residential-1) District shall be as provided in Table 2.4, Medium and High Density Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.15.3))
Sec. 2.15.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.15.4))
Sec. 2.15.5. - Density and location criteria.
A.
The maximum allowed dwelling unit density in the HR-1 District before application of any bonus is 24 dwelling units per acre, and after application of any bonuses is 40 dwelling units per acre.
B.
Density determination of each HR-1 (High Density Residential-1) property:
1.
Existing HR-1 properties: For existing properties converted to the HR-1 (High Density Residential-1) District classification at the effective date of the ordinance from which this chapter is derived:
a.
Where conditions of zoning regulating density have been attached to the property, maximum density shall remain as established.
b.
Where no conditions of zoning regulating density have been attached to the property, maximum density shall be the base max described in Table 2.10, unless administratively reviewed and approved for bonus increases according to the criteria set forth in subsection C. of this section.
2.
New HR-1 properties: For property rezoned to the HR-1 (High Density Residential-1) District classification after the effective date of the ordinance from which this chapter is derived, density shall be established by the City Council at the time of approval, based upon the criteria set forth in subsection C. of this section.
C.
Density bonus eligibility and calculations. Density bonuses are intended for subdivisions, as defined in this chapter, not for individual infill lots. The maximum allowed density on HR-1 (High Density Residential-1) District zoned property may be increased above the base max by application of density bonuses, as indicated by Table 2.6, and may be accumulated if eligible. An example of how allowable density bonuses are calculated is shown in the example at the end of Table 2.6. In no case shall density exceed the bonus maximum established by Table 2.10.
(Ord. of 8-2-2017, § 1(2.15.5))
Sec. 2.15.6. - Building heights.
Maximum building heights shall meet character area intent by compliance with the transitional height and buffer standards of article 5 of this chapter as well as proportional relationship of density to height as regulated by Table 2.11.
Table 2.11. HR-1 Building Height
Sec. 2.16.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the HR-2 (High Density Residential-2) District regulations is as follows:
A.
To encourage primarily For Sale or For Rent residential, urban-scaled developments that allow accessory retail, office, institutional, and civic uses;
B.
To provide for high density, mid-rise residential neighborhoods with a mix of single-family and multifamily housing types that maintain harmony of scale, intensity, and design with surrounding development;
C.
To provide for connectivity of streets and communities and reduce the dependence on automobile use by increasing the ease of movement and opportunities for alternative modes of travel;
D.
To implement the future development map of the city's most current comprehensive plan.
(Ord. of 8-2-2017, § 1(2.16.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.16.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Boarding/rooming house.
b.
Dwelling, apartment.
c.
Dwelling, cottage home; see section 4.2.
d.
Dwelling, multifamily.
e.
Dwelling, single-family (attached).
f.
Dwelling, single-family (detached).
g.
Dwelling, three-family.
h.
Dwelling, townhouse; see section 4.2.
i.
Dwelling, two family.
j.
Dwelling, urban single-family; see section 4.2.
k.
Fraternity house or sorority house.
l.
Live/work unit; see section 4.2.
m.
Micro Home Community.
3.
Institutional/Public.
a.
Government facilities.
b.
Library or museum.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Child day care center, up to 6; see section 4.2.
c.
Child day care facility, 7 or more; see section 4.2.
d.
Personal services establishment.
5.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Home occupation, with customer contact; see section 4.2.
c.
Personal care home, 6 or less; see section 4.2.
d.
Personal care home, 7 or more; see section 4.2.
e.
Senior housing; see section 4.2.
f.
Shelter for homeless persons for no more than 6 persons; see section 4.2.
g.
Shelter for homeless persons 7—20; see section 4.2.
h.
Traditional housing facilities, 7—20; see section 4.2.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Cultural facilities.
c.
Places of worship; see section 4.2.
d.
Recreation club; see section 4.2.
e.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
f.
School, vocational; see section 4.2.
g.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Dog day care; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Art gallery.
b.
Banks, credit unions or other similar financial institutions.
c.
Barber shop/beauty salon or similar establishments.
d.
Building or construction office.
e.
Coin laundry.
f.
Dog grooming; see section 4.2.
g.
Dry cleaning agencies, pressing establishments, or laundry pick-up stations.
h.
Fitness center.
i.
Office, medical.
j.
Office, professional.
k.
Restaurants (non drive-thru).
l.
Retail, 5.000 sf or less (with the exception of small box discount stores).
(Ord. of 8-2-2017, § 1(2.16.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024; Ord. No. 2024-02-05, § 1(Exh. A), 2-26-2024)
Sec. 2.16.3. - Dimensional requirements.
Dimensional requirements for the HR-2 (High Density Residential-2) District shall be as provided in Table 2.4, Medium and High Density Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.16.3))
Sec. 2.16.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.16.4))
Sec. 2.16.5. - Density and location criteria.
A.
The maximum allowed dwelling unit density in the HR-2 District before application of any bonus is 40 dwelling units per acre, and after application of any bonuses is 60 dwelling units per acre.
B.
Density determination of each HR-2 (High Density Residential-2) property:
1.
Existing HR-2 properties: For properties converted to the HR-2 (High Density Residential-2) District classification at the effective date of the ordinance from which this chapter is derived:
a.
Where conditions of zoning regulating density have been attached to the property, maximum density shall remain as established.
b.
Where no conditions of zoning regulating density have been attached to the property, maximum density shall be the base max described in Table 2.12, unless administratively reviewed and approved for bonus increases according to the criteria set forth in subsection C. of this section.
2.
New HR-2 properties: For property rezoned to the HR-2 (High Density Residential-2) District classification after the effective date of the ordinance from which this chapter is derived, density shall be established by the City Council at the time of approval, based upon the criteria set forth in subsection C. of this section.
C.
Density bonus eligibility and calculations. Density bonuses are intended for subdivisions, as defined in this chapter, not for individual infill lots. The maximum allowed density on HR-2 (High Density Residential-2) District zoned property may be increased above the base max by application of density bonuses as indicated by Table 2.6, and may be accumulated if eligible. An example of how allowable density bonuses are calculated is shown in the example at the end of Table 2.6. In no case shall density exceed the bonus maximum established by Table 2.12.
(Ord. of 8-2-2017, § 1(2.16.5); Ord. No. 2021-06-03, § 1(Exh. A, § K), 8-23-2021)
Sec. 2.16.6. - Building heights.
Maximum building heights shall meet character area intent by compliance with the transitional height and buffer standards of article 5 of this chapter as well as proportional relationship of density to height as established by Table 2.13.
Table 2.13. HR-2 Building Height
Sec. 2.17.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the HR-3 (High Density Residential-3) District regulations is as follows:
A.
To encourage primarily For Sale or For Rent residential, urban-scaled developments that allow accessory retail, office, institutional, and civic uses;
B.
To provide for high density, high-rise residential neighborhoods with a mix of single-family and multifamily housing types that maintain harmony of scale, intensity, and design with surrounding development;
C.
To provide for connectivity of streets and communities and reduce the dependence on automobile use by increasing the ease of movement and opportunities for alternative modes of travel;
D.
To implement the future development map of the city's most current comprehensive plan.
(Ord. of 8-2-2017, § 1(2.17.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.17.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there exist supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Boarding/rooming house.
b.
Dwelling, apartment.
c.
Dwelling, cottage home; see section 4.2.
d.
Dwelling, multifamily.
e.
Dwelling, single-family (attached).
f.
Dwelling, single-family (detached).
g.
Dwelling, three-family.
h.
Dwelling, townhouse; see section 4.2.
i.
Dwelling, two family.
j.
Dwelling, urban single-family; see section 4.2.
k.
Fraternity house or sorority house.
l.
Live/work unit; see section 4.2.
m.
Micro Home Community.
3.
Institutional/Public.
a.
Government facilities.
b.
Library or museum.
c.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
d.
School, public kindergarten, elementary, middle or high schools.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Child day care center, up to 6; see section 4.2.
c.
Child day care facility, 7 or more; see section 4.2.
d.
Personal services establishment.
5.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Home occupation, with customer contact; see section 4.2.
c.
Personal care home, 6 or less; see section 4.2.
d.
Personal care home, 7 or more; see section 4.2.
e.
Senior housing; see section 4.2.
f.
Shelter for homeless persons for no more than 6 persons; see section 4.2.
g.
Shelter for homeless persons 7—20; see section 4.2.
h.
Traditional housing facilities, 7—20; see section 4.2.
2.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Cultural facilities.
c.
Places of worship; see section 4.2.
d.
Recreation club; see section 4.2.
e.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
f.
School, vocational; see section 4.2.
g.
Swimming pools, commercial; see section 4.2.
3.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Dog day care; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Art gallery.
b.
Banks, credit unions or other similar financial institutions.
c.
Barber shop/beauty salon or similar establishments.
d.
Building or construction office.
e.
Coin laundry.
f.
Dog grooming; see section 4.2.
g.
Dry cleaning agencies, pressing establishments, or laundry pick-up stations.
h.
Fitness center.
i.
Office, medical.
j.
Office, professional.
k.
Restaurants (non drive-thru).
l.
Retail, 5.000 sf or less (with the exception of small box discount stores).
(Ord. of 8-2-2017, § 1(2.17.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024; Ord. No. 2024-02-05, § 1(Exh. A), 2-26-2024)
Sec. 2.17.3. - Dimensional requirements.
Dimensional requirements for the HR-3 (High Density Residential-3) District shall be as provided in Table 2.4, Medium and High Density Residential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.17.3))
Sec. 2.17.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.17.4))
Sec. 2.17.5. - Density and location criteria.
A.
The maximum allowed dwelling unit density in the HR-2 District before application of any bonus is 60 dwelling units per acre, and after application of any bonuses is 120 dwelling units per acre.
B.
Density determination of each HR-3 (High Density Residential-3) property:
1.
Existing HR-3 properties: For existing properties converted to HR-3 (High Density Residential-3) District classification at the effective date of the ordinance from which this chapter is derived:
a.
Where conditions of zoning regulating density have been attached to the property, maximum density shall remain as established.
b.
Where no conditions of zoning regulating density have been attached to the property, maximum density shall be the Base Max described in Table 2.14, unless administratively reviewed and approved for bonus increases according to the criteria set forth in subsection C. of this section.
2.
New HR-3 properties: For property rezoned to the HR-3 (High Density Residential-3) District classification after the effective date of the ordinance from which this chapter is derived, density shall be established by the City Council at the time of approval, based upon the criteria set forth in subsection C. of this section.
C.
Density bonus eligibility and calculations. Density bonuses are intended for subdivisions, as defined in this chapter, not for individual infill lots. The maximum allowed density on HR-3 (High Density Residential-3) District zoned property may be increased above the base max by application of density bonuses as indicated by Table 2.6, and may be accumulated if eligible. An example of how allowable density bonuses are calculated is shown in the example at the end of Table 2.6. In no case shall density exceed the bonus maximum established by Table 2.14.
(Ord. of 8-2-2017, § 1(2.17.5); Ord. No. 2021-06-03, § 1(Exh. A, § L), 8-23-2021)
Sec. 2.17.6. - Building heights.
Maximum building heights shall meet character area intent by compliance with the transitional height and buffer standards of article 5 of this chapter as well as proportional relationship of density to height as regulated by Table 2.15.
Table 2.15. HR-3 Building Height for Density
Sec. 2.18.1.- Statement of purpose and intent.
A.
The purpose and intent of the City Council in establishing all districts designated as Mixed-Use (MU-1, MU-2, MU-3, MU-4 and MU-5) Zoning Districts are as follows:
1.
To encourage the development of master or comprehensively planned, mixed-use developments;
2.
To permit flexible and compatible arrangements of residential, commercial, office, institutional, and civic uses;
3.
To offer a variety of housing options, including multifamily residential and single-family attached housing of various densities, upper-floor residential units over nonresidential space, or active adult and/or senior housing;
4.
To implement the future development map of the city's most current comprehensive plan;
5.
To maintain harmony of scale, intensity, and design of character areas with varying housing options;
6.
To accommodate and promote mixed-use buildings with amenities and services provided by a variety of nonresidential uses, as appropriate in the activity centers established by the comprehensive plan;
7.
To promote the health and well-being of residents through the development of living environments that accommodate pedestrians and bicyclists;
8.
To encourage a sense of community through design that promotes social interaction; and
9.
To reduce automobile traffic and congestion and promote the use of transit by encouraging appropriate development densities.
(Ord. of 8-2-2017, § 1(2.18.1))
Sec. 2.18.2. - Mixed-use district densities.
A.
Table 2.16, which summarizes the allowed densities and eligible character areas for mixed-use zoning districts, is provided for the aid of the reader. Any conflict between Table 2.16 and any other provision of this chapter shall be resolved in favor of the other provision of this chapter.
Table 2.16. Summary of Mixed-Use Zoning District Densities
B.
Individual buildings in any mixed use district may exclusively consist of only residential uses, provided that they are part of a larger mixed-use development that meets the overall percentage mix of nonresidential to residential floor area established by Table 2.17.
(Ord. of 8-2-2017, § 1(2.18.2); Ord. No. 2021-06-03, § 1(Exh. A, § M), 8-23-2021)
Sec. 2.18.3. - Mixed-use dimensional requirements.
Dimensional requirements including overall site requirements, individual lot dimensions, setbacks, and heights for Mixed-Use Districts are provided in Table 2.17, Mixed-Use Zoning Districts Dimensional Requirements. Compatibility rules and transitional buffers, as defined and required in article 5 of this chapter may apply.
Table 2.17. Mixed-Use Zoning Districts Dimensional Requirements
* See article 5 of this chapter for enhanced open space requirements.
** SFD Cottage type exempt; see article 5 of this chapter for standards.
*** See article 5 of this chapter for building separation and minimum multifamily unit size details.
(Ord. of 8-2-2017, § 1(2.18.3); Ord. No. 2021-06-03, § 1(Exh. A, § N), 8-23-2021)
Sec. 2.19.1.- Dimensional requirements.
Dimensional requirements for the MU-1 (Mixed-Use Low Density) District shall be as provided in Table 2.17, Mixed-Use Zoning Districts Dimensional Requirements. Dimensions are established in Table 2.17 for the overall development site (development parcel) and for individual lots intended for For Sale single-family detached or single-family attached housing types, when such lots include yards. A mixed-use development may be subject to both the overall development site dimensions and the individual lot dimensions, depending on the mixture of housing types that are proposed for the overall development.
(Ord. of 8-2-2017, § 1(2.19.1); Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.19.2. - Site and building design standards.
Site and building design standards and regulations shall be as provided in Table 2.17 and article 5 of this chapter, site and building design standards.
(Ord. of 8-2-2017, § 1(2.19.2))
Sec. 2.19.3. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there exist supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Child day care center.
b.
Dwelling, multifamily.
c.
Dwelling, single-family (attached).
d.
Dwelling, single-family (detached).
e.
Dwelling, three-family.
f.
Dwelling, townhouse; see section 4.2.
g.
Dwelling, two family.
h.
Dwelling, urban single-family; see section 4.2.
i.
Live/work unit; see section 4.2.
j.
Nursing care facility or hospice.
3.
Institutional/Public.
a.
Club, order or lodge, fraternal, non-commercial.
b.
Colleges, universities, research and training facilities.
c.
Funeral home, mortuary.
d.
Government facilities.
e.
Library or museum.
f.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
g.
Places of worship; see section 4.2.
h.
School, public kindergarten, elementary, middle or high schools.
i.
School, specialty; see section 4.2.
j.
School, vocational; see section 4.2.
4.
Commercial.
a.
Adult daycare facility, up to 6; see section 4.2.
b.
Animal hospitals, veterinary clinic; see section 4.2.
c.
Art gallery.
d.
Banks, credit unions or other similar financial institutions.
e.
Barber shop/beauty salon or similar establishments.
f.
Brewpub/beer growler.
g.
Catering establishment.
h.
Check cashing establishment, accessory; see section 4.2.
i.
Child day care center (kindergarten), 7 or more.
j.
Child day care facility, 7 or more; see section 4.2.
k.
Clinic, health services.
l.
Commercial greenhouse or plant nursery; see section 4.2.
m.
Dog day care.
n.
Dog grooming.
o.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
p.
Farmer's market, permanent; see section 4.2.
q.
Fitness center.
r.
Kidney dialysis center.
s.
Office, medical.
t.
Office, professional.
u.
Parking, commercial lot; see section 4.2.
v.
Parking, commercial garage.
w.
Personal services establishment.
x.
Recreation, indoor.
y.
Restaurants (non drive-thru).
z.
Retail, 5,000 sf or less (with the exception of small box discount stores).
aa.
Retail, over 5,000 sf (with the exception of small box discount stores, see also shopping center).
bb.
Retail warehouses/wholesalers providing sales of merchandise with no outdoor storage.
cc.
Shopping center.
dd.
Special events facility.
ee.
Taxi stand.
5.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Temporary outdoor retail sales; see section 4.2.
c.
Temporary outdoor sales; seasonal; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Child care home, 5 or less; see section 4.2.
b.
Child care facility, 6 or more; see section 4.2.
c.
Home occupation, with customer contact; see section 4.2.
d.
Personal care home, 7 or more; see section 4.2.
e.
Senior housing; see section 4.2.
f.
Short Term vacation rental.
2.
Institutional/Public.
a.
Cultural facilities.
3.
Commercial.
a.
Alcohol outlet—package store, primary; see section 4.2.
b.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
c.
Bus or rail stations or terminals for passengers.
d.
Drive-through facilities; see section 4.2.
e.
Nightclub or late-night establishment; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
c.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
(Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.19.4. - MU-1 (Mixed-Use Low Density) District rezoning submittal requirements.
The following standards only apply to rezoning applications initiated by the owners of the subject property or the authorized agent of the owners. In the interest of economic development and to spur redevelopment, applications initiated by the city are not required to comply with the standards in this section.
Prior to the submittal of an application for a land disturbance permit or building permit, an applicant for development of a city-initiated MU-zoned property, shall comply with the following standards. The application will be reviewed administratively by the director.
A.
Pre-application meeting. Before submitting an application for rezoning to the MU-1 (Mixed-Use Low Density) District, the applicant shall confer with the director of planning to discuss the feasibility of the proposed plan and its relationship to the comprehensive plan and city ordinances.
B.
Submittal of master development plan. The submittal package for rezoning to the MU-1 (Mixed-Use Low Density) District shall include all items indicated by the application and instruction form established by the planning department. The master development plan shall include:
1.
Pre-application meeting minutes. Applicants shall provide documentation showing that the required pre-application meeting occurred.
2.
Master development plan. A master development plan shall illustrate the project showing the location of proposed uses identified by type, site functions, and internal vehicular and pedestrian circulation, along with proposed access points (note: prefer multi-modal access plan as specified in the overlays).
3.
Master development standards. An applicant for rezoning to the MU-1 (Mixed-Use Low Density) District shall submit the following with the rezoning application:
a.
A set of tables, matrices, and/or diagrams shall document the proposed standards that will regulate the permitted use, density, lot dimensions, setbacks, site and building form for each area identified in the master concept plan, and indicate all instances where proposed standards vary from this division.
b.
Documentation regarding eligibility for density bonuses sought by the applicant (see section 2.19.6).
c.
A summary of the anticipated maintenance and ownership of streets and open spaces.
d.
Proposed gross and net nonresidential floor area, maximum number of residential dwelling units by type and minimum lot size, and amount of enhanced open space.
4.
Master development plan architectural standards. An applicant for rezoning to the MU-1 (Mixed-Use Low Density) District shall include with the master development plan a set of binding and enforceable architectural standards that will be utilized by the developer to ensure aesthetic continuity throughout the life of the project.
a.
At a minimum, the architectural standards shall address lighting, signage, fences, landscaping, building materials, and other architectural features proposed to be included by the applicant.
b.
A master sign plan may be proposed for approval at the time of rezoning with dimensions that vary from the sign ordinance, provided that the proposed plan demonstrates pedestrian-oriented scale.
(Ord. of 8-2-2017, § 1(2.19.4))
Sec. 2.19.5. - Mixed-use building restrictions.
The following restrictions shall also apply to mixed-use buildings:
A.
All uses allowed in the MU-1 (Mixed-Use Low Density) District, as provided in Table 4.1, may occupy the ground level of a mixed-use building; however, any residential uses shall not occupy more than 50 percent of the floor area of the ground level. All levels above ground level shall only be occupied by residential, professional office or service uses.
(Ord. of 8-2-2017, § 1(2.19.5))
Sec. 2.19.6. - Density and location criteria (MU-1 District).
A.
The maximum allowed dwelling unit density before application of any bonus is 4 dwelling units per acre, and after application of any bonuses is 8 dwelling units per acre.
B.
Density determination of each MU-1 (Mixed-Use Low Density) property:
1.
Existing MU-1 properties: For properties converted to the MU-1 (Mixed-Use Low Density) District classification at the effective date of the ordinance from which this chapter is derived:
a.
Where conditions of zoning regulate density on the property, the maximum density shall remain as established in any conditions of zoning attached to the property.
b.
Where no conditions of zoning regulating density have been attached to the property, the maximum density shall be the Base Max described in Table 2.18 unless administratively reviewed and approved for bonus increases, according to the criteria set forth in subsection C. of this section.
2.
New MU-1 districts: For property rezoned to the MU-1 (Mixed-Use Low Density) District classification after the effective date of the ordinance from which this chapter is derived, density shall be established by the City Council at the time of approval of the MU-1 District, based upon the criteria set forth in subsection C. of this section.
C.
Density bonus eligibility and calculations. Density bonuses are intended for subdivisions, as defined in this chapter, not for individual infill lots. The maximum allowed density on MU-1 (Mixed-Use Low Density) zoned property may be increased above the base max by application of density bonuses as indicated by Table 2.19, and may be accumulated if eligible. An example of how allowable density bonuses are calculated is shown in the example at the end of Table 2.19. In no case shall density exceed the bonus maximum established by Table 2.18.
Table 2.19. Residential Density Bonus Eligibility and Percent, with Example Calculation
(Ord. of 8-2-2017, § 1(2.19.6); Ord. No. 2021-06-03, § 1(Exh. A, § P), 8-23-2021; Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.19.7. - Reserved.
(Ord. of 8-2-2017, § 1(2.19.7))
Sec. 2.19.8. - MU-1 retail size restrictions.
Standalone retail or other uses shall not exceed 40,000 square feet total floor area without a special land use permit, which may be issued based on the criteria provided in section 7.4.6.
(Ord. of 8-2-2017, § 1(2.19.8))
Sec. 2.20.1.- District requirements, standards and criteria (MU-2 District).
With the exception of the use list below, all provisions found in the MU-1 (Mixed Use Low Density) District, "For Sale" shall apply to the MU-2 (Mixed-Use Low Medium Density) District, except that the maximum allowed dwelling unit density before application of any bonus is 6 dwelling units per acre, and after application of any bonuses is 12 dwelling units per acre.
(Ord. of 8-2-2017, § 1(2.20.1); Ord. No. 2021-06-03, § 1(Exh. A, § Q), 8-23-2021; Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.20.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided in Table 4.1. In cases where a use is permitted but there exist supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Child day care center.
c.
Convents or monasteries; see section 4.2.
d.
Dwelling, multifamily.
e.
Dwelling, single-family (attached).
f.
Dwelling, single-family (detached).
g.
Dwelling, three-family.
h.
Dwelling, townhouse; see section 4.2.
i.
Dwelling, two family.
j.
Dwelling, urban single-family; see section 4.2.
k.
Fraternity house or sorority house.
l.
Live/work unit; see section 4.2.
m.
Nursing care facility or hospice.
3.
Institutional/Public.
a.
Club, order or lodge, fraternal, non-commercial.
b.
Colleges, universities, research and training facilities.
c.
Funeral home, mortuary.
d.
Government facilities.
e.
Library or museum.
f.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
g.
Places of worship; see section 4.2.
h.
School, public kindergarten, elementary, middle or high schools.
i.
School, specialty; see section 4.2.
j.
School, vocational; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Adult daycare facility, up to 6; see section 4.2.
c.
Animal hospitals, veterinary clinic; see section 4.2.
d.
Art gallery.
e.
Automobile or truck rental or leasing facilities; see section 4.2.
f.
Banks, credit unions or other similar financial institutions.
g.
Barber shop/beauty salon or similar establishments.
h.
Brewpub/beer growler.
i.
Catering establishment.
j.
Check cashing establishment, accessory; see section 4.2.
k.
Child day care facility, up to 6; see section 4.2.
l.
Child day care center (kindergarten), 7 or more.
m.
Child day care facility, 7 or more; see section 4.2.
n.
Clinic, health services.
o.
Coin laundry.
p.
Dog day care.
q.
Dog grooming.
r.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
s.
Farmer's market, permanent; see section 4.2.
t.
Fitness center.
u.
Kidney dialysis center.
v.
Office, medical.
w.
Office, professional.
x.
Parking, commercial lot; see section 4.2.
y.
Parking, commercial garage.
z.
Personal services establishment.
aa.
Recreation, indoor.
bb.
Restaurants (accessory to hotel/motel).
cc.
Restaurants (non drive-thru).
dd.
Retail, 5,000 sf or less (with the exception of small box discount stores).
ee.
Retail, over 5,000 sf (with the exception of small box discount stores, see also shopping center).
ff.
Retail warehouses/wholesalers providing sales of merchandise with no outdoor storage.
gg.
Shopping center.
hh.
Special events facility.
ii.
Taxi stand.
5.
Industrial.
a.
Contractor, general (see also building or construction office).
6.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Satellite television antenna; see section 4.2.
7.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
b.
Hotel/motel.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Temporary outdoor retail sales; see section 4.2.
c.
Temporary outdoor sales; seasonal; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Child care home, 5 or less; see section 4.2.
b.
Child care facility, 6 or more; see section 4.2.
c.
Home occupation, with customer contact; see section 4.2.
d.
Personal care home, 7 or more; see section 4.2.
e.
Senior housing; see section 4.2.
f.
Short Term vacation rental.
2.
Institutional/Public.
a.
Cultural facilities.
b.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
3.
Commercial.
a.
Alcohol outlet—package store, primary; see section 4.2.
b.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
c.
Bus or rail stations or terminals for passengers.
d.
Drive-through facilities; see section 4.2.
e.
Nightclub or late night establishment; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
c.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Educational use, private; see section 4.2.
b.
Swimming pools, commercial; see section 4.2.
c.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
(Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.21.1.- District requirements, standards and criteria. (MU-3 District)
With the exception of the use list below, all provisions found in the MU-2 (Mixed-Use Medium Density) District, "For Sale" shall apply to the MU-3 (Mixed-Use Medium Density) District, except that:
A.
The maximum allowed dwelling unit density before application of any bonus is 12 dwelling units per acre, and after application of any bonuses is 24 dwelling units per acre.
B.
Section 2.19.8 regarding retail size restrictions shall not apply.
C.
Height restrictions apply to the MU-3 (Mixed-Use Low-Medium Density) District based on a relationship of density, as achieved through bonuses, in accordance with Table 2.9 or 2.11, as applicable.
(Ord. of 8-2-2017, § 1(2.21.1); Ord. No. 2021-06-03, § 1(Exh. A, § R), 8-23-2021; Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.21.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided in Table 4.1. In cases where a use is permitted but there exist supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Child day care center.
c.
Convents or monasteries; see section 4.2.
d.
Dwelling, multifamily.
e.
Dwelling, single-family (attached).
f.
Dwelling, single-family (detached).
g.
Dwelling, three-family.
h.
Dwelling, townhouse; see section 4.2.
i.
Dwelling, two family.
j.
Dwelling, urban single-family; see section 4.2.
k.
Fraternity house or sorority house.
l.
Live/work unit; see section 4.2.
m.
Nursing care facility or hospice.
3.
Institutional/Public.
a.
Club, order or lodge, fraternal, non-commercial.
b.
Colleges, universities, research and training facilities.
c.
Funeral home, mortuary.
d.
Government facilities.
e.
Hospital or accessory ambulance service.
f.
Library or museum.
g.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
h.
Places of worship; see section 4.2.
i.
School, public kindergarten, elementary, middle or high schools.
j.
School, specialty; see section 4.2.
k.
School, vocational; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Adult daycare facility, up to 6; see section 4.2.
c.
Art gallery.
d.
Automobile or truck rental or leasing facilities; see section 4.2.
e.
Banks, credit unions or other similar financial institutions.
f.
Barber shop/beauty salon or similar establishments.
g.
Brewpub/beer growler.
h.
Catering establishment.
i.
Check cashing establishment, accessory; see section 4.2.
j.
Child day care facility, up to 6; see section 4.2.
k.
Child day care center (kindergarten), 7 or more.
l.
Child day care facility, 7 or more; see section 4.2.
m.
Clinic, health services.
n.
Coin laundry.
o.
Dog day care.
p.
Dog grooming.
q.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
r.
Farmer's market, permanent; see section 4.2.
s.
Fitness center.
t.
Kidney dialysis center.
u.
Office, medical.
v.
Office, professional.
w.
Parking, commercial lot; see section 4.2.
x.
Parking, commercial garage.
y.
Personal services establishment.
z.
Recreation, indoor.
aa.
Restaurants (accessory to hotel/motel).
bb.
Restaurants (non drive-thru).
cc.
Retail, 5,000 sf or less (with the exception of small box discount stores).
dd.
Retail, over 5,000 sf (with the exception of small box discount stores, see also shopping center).
ee.
Retail warehouses/wholesalers providing sales of merchandise with no outdoor storage.
ff.
Shopping center.
gg.
Special events facility.
hh.
Taxi stand.
ii.
Theaters with live performance, assembly or concert halls, or similar entertainment within an enclose building.
5.
Industrial.
a.
Contractor, general (see also building or construction office).
6.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Satellite television antenna; see section 4.2.
7.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
b.
Hotel/motel.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Medical or dental laboratories.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales; seasonal; see section 4.2.
e.
Temporary outdoor sales or events, seasonal; see section 4.2.
f.
Temporary produce stand; see section 4.2.
g.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Child care home, 5 or less; see section 4.2.
b.
Child care facility, 6 or more; see section 4.2.
c.
Home occupation, with customer contact; see section 4.2.
d.
Personal care home, 7 or more; see section 4.2.
e.
Senior housing; see section 4.2.
2.
Institutional/Public.
a.
Coliseum or stadium, not associated with a church or school; see section 4.2.
b.
Cultural facilities.
c.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
3.
Commercial.
a.
Alcohol outlet—package store, primary; see section 4.2.
b.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
c.
Bus or rail stations or terminals for passengers.
d.
Drive-through facilities; see section 4.2.
e.
Heliport; see section 4.2.
f.
Nightclub or late night establishment; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
c.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Swimming pools, commercial; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
(Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.22.1.- District requirements, standards and criteria (MU-4 District).
With the exception of the use list below, all provisions found in the MU-3 (Mixed-Use Medium Density) District, "For Sale" shall also apply to the MU-4 (Mixed-Use High Density) District, except that:
A.
The maximum allowed dwelling unit density before application of any bonus is 24 dwelling units per acre, and after application of any bonuses is 40 dwelling units per acre.
B.
Height restrictions apply to the MU-4 (Mixed-Use High Density) District in accordance with Table 2.9, 2.11, or 2.13, as applicable.
(Ord. of 8-2-2017, § 1(2.22.1); Ord. No. 2021-06-03, § 1(Exh. A, § S), 8-23-2021; Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022)
Sec. 2.22.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided in Table 4.1. In cases where a use is permitted but there exist supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Child day care center.
c.
Convents or monasteries; see section 4.2.
d.
Dwelling, multifamily.
e.
Dwelling, single-family (attached).
f.
Dwelling, three-family.
g.
Dwelling, townhouse; see section 4.2.
h.
Dwelling, two family.
i.
Dwelling, urban single-family; see section 4.2.
j.
Live/work unit; see section 4.2.
k.
Nursing care facility or hospice.
3.
Institutional/Public.
a.
Club, order or lodge, fraternal, non-commercial.
b.
Colleges, universities, research and training facilities.
c.
Coliseum or stadium, not associated with a church or school; see section 4.2.
d.
Funeral home, mortuary.
e.
Government facilities.
f.
Hospital or accessory ambulance service.
g.
Library or museum.
h.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
i.
Places of worship; see section 4.2.
j.
School, public kindergarten, elementary, middle or high schools.
k.
School, specialty; see section 4.2.
l.
School, vocational; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Adult daycare facility, up to 6; see section 4.2.
c.
Art gallery.
d.
Automobile or truck rental or leasing facilities; see section 4.2.
e.
Banks, credit unions or other similar financial institutions.
f.
Barber shop/beauty salon or similar establishments.
g.
Brewpub/beer growler.
h.
Catering establishment.
i.
Check cashing establishment, accessory; see section 4.2.
j.
Child day care facility, up to 6; see section 4.2.
k.
Child day care center (kindergarten), 7 or more.
l.
Child day care facility, 7 or more; see section 4.2.
m.
Clinic, health services.
n.
Coin laundry.
o.
Dog day care.
p.
Dog grooming.
q.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
r.
Farmer's market, permanent; see section 4.2.
s.
Fitness center.
t.
Kidney dialysis center.
u.
Office, medical.
v.
Office, professional.
w.
Parking, commercial lot; see section 4.2.
x.
Parking, commercial garage.
y.
Personal services establishment.
z.
Recreation, indoor.
aa.
Restaurants (accessory to hotel/motel).
bb.
Restaurants (non drive-thru).
cc.
Retail, 5,000 sf or less (with the exception of small box discount stores).
dd.
Retail, over 5,000 sf (with the exception of small box discount stores, see also shopping center).
ee.
Retail warehouses/wholesalers providing sales of merchandise with no outdoor storage.
ff.
Shopping center.
gg.
Special events facility.
hh.
Taxi stand.
ii.
Theaters with live performance, assembly or concert halls, or similar entertainment within an enclose building.
5.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
b.
Hotel/motel.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Medical or dental laboratories.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales; seasonal; see section 4.2.
e.
Temporary outdoor sales or events, seasonal; see section 4.2.
f.
Temporary produce stand; see section 4.2.
g.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Child care home, 5 or less; see section 4.2.
b.
Child care facility, 6 or more; see section 4.2.
c.
Home occupation, with customer contact; see section 4.2.
d.
Personal care home, 7 or more; see section 4.2.
e.
Senior housing; see section 4.2.
2.
Institutional/Public.
a.
Cultural facilities.
b.
Recreation club; see section 4.2.
c.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
3.
Commercial.
a.
Alcohol outlet—package store, primary; see section 4.2.
b.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
c.
Bus or rail stations or terminals for passengers.
d.
Drive-through facilities; see section 4.2.
e.
Heliport; see section 4.2.
f.
Nightclub or late night establishment; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
c.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Swimming pools, commercial; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
(Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec 2.23.1.- District requirements, standards and criteria (MU-5 District).
With the exceptions of the use list below, all provisions found in the MU-3 (Mixed-Use Medium Density) District, "For Sale" shall also apply to the MU-5 (Mixed-Use Very High Density) District, except as identified below:
A.
The maximum allowed dwelling unit density before application of any bonus is 40 dwelling units per acre, and after application of any bonuses is 120 dwelling units per acre.
B.
Height restrictions apply to MU-5 in accordance with Tables 2.13 and 2.15, as applicable.
(Ord. of 8-2-2017, § 1(2.23.1); Ord. No. 2021-06-03, § 1(Exh. A, § T), 8-23-2021; Ord. No. 2022-10-03, § 2(Exh. A), 10-24-2022; Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.23.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided in Table 4.1. In cases where a use is permitted but there exist supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Child day care center.
c.
Convents or monasteries; see section 4.2.
d.
Dwelling, multifamily.
e.
Dwelling, single-family (attached).
f.
Dwelling, three-family.
g.
Dwelling, townhouse; see section 4.2.
h.
Dwelling, two family.
i.
Dwelling, urban single-family; see section 4.2.
j.
Live/work unit; see section 4.2.
k.
Nursing care facility or hospice.
3.
Institutional/Public.
a.
Club, order or lodge, fraternal, non-commercial.
b.
Colleges, universities, research and training facilities.
c.
Coliseum or stadium, not associated with a church or school; see section 4.2.
d.
Funeral home, mortuary.
e.
Government facilities.
f.
Hospital or accessory ambulance service.
g.
Library or museum.
h.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
i.
Places of worship; see section 4.2.
j.
School, public kindergarten, elementary, middle or high schools.
k.
School, specialty; see section 4.2.
l.
School, vocational; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Adult daycare facility, up to 6; see section 4.2.
c.
Art gallery.
d.
Automobile or truck rental or leasing facilities; see section 4.2.
e.
Banks, credit unions or other similar financial institutions.
f.
Barber shop/beauty salon or similar establishments.
g.
Brewpub/beer growler.
h.
Catering establishment.
i.
Check cashing establishment, accessory; see section 4.2.
j.
Child day care facility, up to 6; see section 4.2.
k.
Child day care center (kindergarten), 7 or more.
l.
Child day care facility, 7 or more; see section 4.2.
m.
Clinic, health services.
n.
Coin laundry.
o.
Dog day care.
p.
Dog grooming.
q.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
r.
Farmer's market, permanent; see section 4.2.
s.
Fitness center.
t.
Kidney dialysis center.
u.
Office, medical.
v.
Office, professional.
w.
Parking, commercial lot; see section 4.2.
x.
Parking, commercial garage.
y.
Personal services establishment.
z.
Recreation, indoor.
aa.
Restaurants (accessory to hotel/motel).
bb.
Restaurants (non drive-thru).
cc.
Retail, 5,000 sf or less (with the exception of small box discount stores).
dd.
Retail, over 5,000 sf (with the exception of small box discount stores, see also shopping center).
ee.
Retail warehouses/wholesalers providing sales of merchandise with no outdoor storage.
ff.
Shopping center.
gg.
Special events facility.
hh.
Taxi stand.
ii.
Theaters with live performance, assembly or concert halls, or similar entertainment within an enclose building.
5.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Residential.
a.
Home occupation, no customer contact; see section 4.2.
b.
Hotel/motel.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Medical or dental laboratories.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales; seasonal; see section 4.2.
e.
Temporary outdoor sales or events, seasonal; see section 4.2.
f.
Temporary produce stand; see section 4.2.
g.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Child care home, 5 or less; see section 4.2.
b.
Child care facility, 6 or more; see section 4.2.
c.
Home occupation, with customer contact; see section 4.2.
d.
Personal care home, 7 or more; see section 4.2.
e.
Senior housing; see section 4.2.
2.
Institutional/Public.
a.
Cultural facilities.
b.
Recreation club; see section 4.2.
c.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
3.
Commercial.
a.
Alcohol outlet—package store, primary; see section 4.2.
b.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
c.
Bus or rail stations or terminals for passengers.
d.
Drive-through facilities; see section 4.2.
e.
Heliport; see section 4.2.
f.
Nightclub or late night establishment; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
c.
Dwelling, single-family, accessory (guesthouse, in-law suite); see section 4.2.
2.
Institutional/Public.
a.
Swimming pools, commercial; see section 4.2.
b.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
(Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.24.1.- Dimensional requirements.
Dimensional requirements including overall site requirements, lot dimensions, setbacks, and heights for Nonresidential Districts are provided in Table 2.24, Nonresidential Zoning Districts Dimensional Requirements. Building setback, height and lot width may be tied to lot size compatibility, averaging as defined and required in article 5 of this chapter.
Table 2.24. Nonresidential Zoning Districts Dimensional Requirements
* If located next to single-family residential and the building will exceed 35 feet, the building setback from SF residential shall be increased 50 percent.
** Fire department and rescue services must approve over three stories to ensure adequacy of fire protection facilities.
*** Five-story/70 feet if in an activity node, two-story/35 feet outside an activity node, unless obtaining a SLUP for up to five-story/70 feet.
(Ord. of 8-2-2017, § 1(2.24.1); Ord. No. 2021-06-03, § 1(Exh. A, § V), 8-23-2021)
Sec. 2.25.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the NS (Neighborhood Shopping) District is as follows:
A.
To provide convenient neighborhood retail shopping and service areas within the city for all residents;
B.
To provide for the development of new Neighborhood Shopping Districts where so designated on the comprehensive plan;
C.
To ensure that the size and scale of neighborhood shopping centers and individual uses within said centers are compatible with the scale of adjoining neighborhoods;
D.
To implement the future development map of the city's most current comprehensive plan.
(Ord. of 8-2-2017, § 1(2.25.1); Ord. No. 2021-06-03, § 1(Exh. A, § W), 8-23-2021)
Sec. 2.25.2. - Intensity limitations.
In a building that contains more than one business establishment, no single business establishment shall occupy more than 15,000 square feet, whether owned or leased. No building occupied by a single business establishment shall exceed 50,000 square feet.
(Ord. of 8-2-2017, § 1(2.25.2))
Sec. 2.25.3. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply and must be complied with.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Child care home, 5 or less; see section 4.2.
b.
Child day care center.
3.
Institutional/Public.
a.
Government facilities.
b.
Library or museum.
c.
Places of worship; see section 4.2.
d.
School, vocational; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Adult daycare facility, up to 6; see section 4.2.
c.
Animal hospital, veterinary clinic; see section 4.2.
d.
Art gallery.
e.
Banks, credit unions or other similar financial institutions.
f.
Barber shop/beauty salon or similar establishments.
g.
Brewpub/beer growler.
h.
Child day care facility, up to 6; see section 4.2.
i.
Child day care center (kindergarten), 7 or more.
j.
Clinic, health services.
k.
Coin laundry.
l.
Commercial greenhouse or plant nursery; see section 4.2.
m.
Drive-through facilities; see section 4.2.
n.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
o.
Farmer's market, permanent; see section 4.2.
p.
Fitness center.
q.
Office, medical.
r.
Office, professional.
s.
Personal services establishment.
t.
Recreation, indoor.
u.
Restaurants (non drive-thru).
v.
Retail, 5,000 sf or less (with the exception of small box discount stores).
w.
Retail, over 5,000 sf (with the exception of small box discount stores, see also shopping center).
x.
Shopping center.
y.
Taxi stand.
5.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Institutional/Public.
a.
School, vocational; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Temporary outdoor retail sales; see section 4.2.
c.
Temporary outdoor sales; seasonal; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Child care facility, 6 or more; see section 4.2.
b.
Personal care home, 6 or less; see section 4.2.
c.
Personal care home, 7 or more; see section 4.2.
2.
Commercial.
a.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
b.
Alcohol outlet—beer and wine, accessory to retail less than 12,000sf; see section 4.2.
c.
Automobile service stations; see section 4.2.
d.
Fuel pumps; see section 4.2.
e.
Liquor store (see alcohol outlet); see section 4.2.
f.
Nightclub or late night establishment; see section 4.2.
3.
Wireless Telecommunications.
a.
New support structure from 51 feet to 150 feet; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
2.
Commercial.
a.
Kennel, breeding.
3.
Industrial.
a.
Recycling collection.
(Ord. of 8-2-2017, § 1(2.25.3); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.25.4. - Dimensional requirements.
Dimensional requirements for the NS (Neighborhood Shopping) District shall be as provided in Table 2.24, Nonresidential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.25.4))
Sec. 2.25.5. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.25.5))
Sec. 2.26.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the C-1 (Local Commercial) District is as follows:
A.
To provide convenient local retail shopping and service areas within the city for all residents;
B.
To provide for quality control in development through materials and building placement;
C.
To ensure that the uses authorized within the C-1 (Local Commercial) District are those uses which are designed to serve the convenience shopping and service needs of groups of neighborhoods;
D.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.26.1); Ord. No. 2021-06-03, § 1(Exh. A, § X), 8-23-2021)
Sec. 2.26.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted, but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply and must be complied with.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Child care facility, 6 or more.
c.
Child care home, 5 or less; see section 4.2.
d.
Child day care center.
e.
Hotel/motel.
f.
Live/work unit; see section 4.2.
g.
Nursing care facility or hospice.
h.
Personal care home, 6 or less; see section 4.2.
i.
Personal care home, 7 or more; see section 4.2.
j.
Shelter for homeless persons, 7—20; see section 4.2.
k.
Transitional housing facilities, 7—20 persons; see section 4.2.
3.
Institutional/Public.
a.
Club, order or lodge, fraternal, non-commercial.
b.
Coliseum or stadium/not associated with church or school; see section 4.2.
c.
Colleges, universities, research and training facilities.
d.
Funeral home, mortuary.
e.
Government facilities.
f.
Library or museum.
g.
Places of worship; see section 4.2.
h.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
i.
School, public kindergarten, elementary, middle or high schools.
j.
School, specialty; see section 4.2.
k.
School, vocational; see section 4.2.
l.
Swimming pools, commercial; see section 4.2.
m.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Adult daycare facility, up to 6; see section 4.2.
c.
Ambulance service or emergency medical services, private.
d.
Animal hospital, veterinary clinic; see section 4.2.
e.
Art gallery.
f.
Automobile brokerage; see section 4.2.
g.
Automobile or truck rental or leasing facilities; see section 4.2.
h.
Automobile or truck sales; see section 4.2.
i.
Automobile wash/was service; see section 4.2.
j.
Automobile repair, minor; see section 4.2.
k.
Banks, credit unions or other similar financial institutions.
I.
Barber shop/beauty salon or similar establishments.
m.
Brewpub/beer growler.
n.
Building or construction office; see section 4.2.
o.
Catering establishments.
p.
Check cashing establishment, accessory; see section 4.2.
q.
Child day care facility, up to 6; see section 4.2.
r.
Child day care center (kindergarten), 7 or more.
s.
Clinic, health services.
t.
Coin laundry.
u.
Commercial greenhouse or plant nursery; see section 4.2.
v.
Dog day care; see section 4.2.
w.
Dog grooming; see section 4.2.
x.
Drive-through facilities; see section 4.2.
y.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
z.
Farmer's market, permanent; see section 4.2.
aa.
Fitness center.
bb.
Kennel, commercial.
cc.
Kidney dialysis center.
dd.
Medical or dental laboratories.
ee.
Landscape business.
ff.
Mini-warehouse; see section 4.2.
gg.
Office, medical.
hh.
Office, professional.
ii.
Parking, commercial lot; see section 4.2.
jj.
Parking, commercial garage.
kk.
Personal services establishment.
ll.
Recreation, indoor.
mm.
Recreational vehicle, boat and trailer sales and service.
nn.
Restaurants (accessory to hotel/motel).
oo.
Restaurants (non drive-thru).
pp.
Retail, 5,000 sf or less (with the exception of small box discount stores).
qq.
Retail, over 5,000 sf (with the exception of small box discount stores, see also shopping center).
rr.
Retail warehouses/wholesales providing sales of merchandise with no outdoor storage.
ss.
Shopping center.
tt.
Special events facility.
uu.
Taxi stand.
vv.
Theaters with live performance, assembly or concert halls, or similar entertainment within enclosed building.
ww.
Trade shops.
5.
Communications—Utility.
a.
Essential services.
b.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Institutional/Public.
a.
School, vocational; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales; seasonal; see section 4.2.
e.
Temporary outdoor sales or events, seasonal; see section 4.2.
f.
Temporary produce stand; see section 4.2.
g.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
New support structure from 50 feet up to 199 feet; see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Hotel/motel, extended stay; see section 4.2.
b.
Shelter for homeless persons for no more than 6 persons; see section 4.2.
2.
Institutional/Public.
a.
Cultural facilities.
3.
Commercial.
a.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
b.
Alcohol outlet—beer and wine, accessory to retail less than 12,000 sf; see section 4.2.
c.
Alcohol outlet—package store, primary; see section 4.2.
d.
Automobile service stations; see section 4.2.
e.
Bus or rail stations or terminals for passengers.
f.
Crematoriums; see section 4.2.
g.
Fuel pumps; see section 4.2.
h.
Heliport; see section 4.2.
i.
Liquor store (see alcohol outlet); see section 4.2.
j.
Nightclub or late night establishment; see section 4.2.
k.
Restaurants with a drive-thru configuration; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
2.
Commercial.
a.
Fuel pumps, accessory to large scale retail within 1,000 feet of interstate highway interchange measured from ROW to property line; see section 4.2.
b.
Kennel, breeding.
3.
Industrial.
a.
Recycling collection.
(Ord. of 8-2-2017, § 1(2.26.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.26.3. - Dimensional requirements.
Dimensional requirements for the C-1 (Local Commercial) District shall be as provided in Table 2.24, Nonresidential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.26.3))
Sec. 2.26.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.26.4))
Sec. 2.27.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the C-2 (General Commercial) District is as follows:
A.
To provide convenient general business and commercial service areas within the city for all residents;
B.
To provide for the development of new general commercial districts where so designated on the comprehensive plan;
C.
To provide for auto-oriented needs outside of the applicable-character areas, but to focus on the pedestrian oriented development which in these districts;
D.
To provide for quality control in development through materials and building placement;
E.
To ensure that the uses authorized within the C-2 (General Commercial) District are those uses which are designed to serve the general business and commercial service needs of the city;
F.
To implement the future development map of the city's comprehensive plan.
(Ord. of 8-2-2017, § 1(2.27.1); Ord. No. 2021-06-03, § 1(Exh. A, § Y), 8-23-2021)
Sec. 2.27.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply and must be complied with.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Bed and breakfast establishment; see section 4.2.
b.
Child care facility, 6 or more.
c.
Child care home, 5 or less; see section 4.2.
d.
Child day care center.
e.
Hotel/motel.
f.
Live/work unit; see section 4.2.
g.
Nursing care facility or hospice.
h.
Personal care home, 6 or less; see section 4.2.
i.
Personal care home, 7 or more; see section 4.2.
j.
Shelter for homeless persons, no more than 6 persons; see section 4.2.
k.
Transitional housing facilities, 7—20 persons; see section 4.2.
3.
Institutional/Public.
a.
Club, order or lodge, fraternal, non-commercial.
b.
Coliseum or stadium/not associated with church or school; see section 4.2.
c.
Colleges, universities, research and training facilities.
d.
Funeral home, mortuary.
e.
Golf course or clubhouse, public or private; see section 4.2.
f.
Government facilities.
g.
Library or museum.
h.
Places of worship; see section 4.2.
i.
Recreation, outdoor; see section 4.2.
j.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
k.
School, public kindergarten, elementary, middle or high schools.
l.
School, specialty; see section 4.2.
m.
School, vocational; see section 4.2.
n.
Swimming pools, commercial; see section 4.2.
o.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Adult daycare facility, up to 6; see section 4.2.
c.
Ambulance service or emergency medical services, private.
d.
Animal hospital, veterinary clinic; see section 4.2.
e.
Animal shelter/rescue center; see section 4.2.
f.
Art gallery.
g.
Automobile brokerage; see section 4.2.
h.
Automobile or truck rental or leasing facilities; see section 4.2.
i.
Automobile or truck sales; see section 4.2.
j.
Automobile upholstery shop.
k.
Automobile wash/was service; see section 4.2.
l.
Automobile repair, major; see section 4.2.
m.
Automobile repair, minor; see section 4.2.
n.
Banks, credit unions or other similar financial institutions.
o.
Barber shop/beauty salon or similar establishments.
p.
Brewpub/beer growler.
q.
Building or construction office; see section 4.2.
r.
Catering establishments.
s.
Check cashing establishment, accessory; see section 4.2.
t.
Check cashing establishment, primary; see section 4.2.
u.
Child day care facility, up to 6; see section 4.2.
v.
Child day care center (kindergarten), 7 or more.
w.
Clinic, health services.
x.
Coin laundry.
y.
Commercial greenhouse or plant nursery; see section 4.2.
z.
Contractor office, heavy construction; see section 4.2.
aa.
Contractor office, landscape; see section 4.2.
bb.
Dog day care; see section 4.2.
cc.
Dog grooming; see section 4.2.
dd.
Drive-in theater; see section 4.2.
ee.
Drive-through facilities; see section 4.2.
ff.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
gg.
Fairground or amusement park; see section 4.2.
hh.
Farmer's market, permanent; see section 4.2.
ii.
Fitness center.
jj.
Fuel dealers or wholesalers.
kk.
Kennel, breeding.
II.
Kennel, commercial.
mm.
Kidney dialysis center.
nn.
Medical or dental laboratories.
oo.
Landscape business.
pp.
Mini-warehouse; see section 4.2.
qq.
Office, medical.
rr.
Office, professional.
ss.
Outdoor storage, commercial; see section 4.2.
tt.
Parking, commercial lot; see section 4.2.
uu.
Parking, commercial garage.
vv.
Pawn shop, title loan; see section 4.2.
ww.
Personal services establishment.
xx.
Printing or publishing establishments.
yy.
Recreation, indoor.
zz.
Recreation, outdoor; see section 4.2.
aaa.
Recreational vehicle, boat and trailer sales and service.
bbb.
Restaurants (accessory to hotel/motel).
ccc.
Restaurants (non drive-thru).
ddd.
Retail, 5,000 sf or less (with the exception of small box discount stores).
eee.
Retail, over 5,000 sf (with the exception of small box discount stores, see also shopping center).
fff.
Retail warehouses/wholesales providing sales of merchandise with no outdoor storage.
ggg.
Shopping center.
hhh.
Special events facility.
iii.
Taxi, ambulance or limousine service, dispatching or storage; see section 4.2.
jjj.
Taxi stand.
kkk.
Theaters with live performance, assembly or concert halls, or similar entertainment within enclosed building.
lll.
Trade shops.
5.
Industrial.
a.
Building materials or lumber supply establishment.
b.
Contractor, general.
c.
Contractor heavy construction, outside storage.
d.
Contractor, special trade.
e.
Heavy equipment repair service or trade.
6.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Radio or television or broadcasting transmission facility.
d.
Satellite television antenna; see section 4.2.
7.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Institutional/Public.
a.
School, vocational; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales; seasonal; see section 4.2.
e.
Temporary outdoor sales or events, seasonal; see section 4.2.
f.
Temporary produce stand; see section 4.2.
g.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
New support structure from 50 feet up to 199 feet; see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Hotel/motel, extended stay; see section 4.2.
2.
Institutional/Public.
a.
Cultural facilities.
3.
Commercial.
a.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
b.
Alcohol outlet—beer and wine, accessory to retail less than 12,000sf; see section 4.2.
c.
Alcohol outlet—package store, primary; see section 4.2.
d.
Automobile service stations; see section 4.2.
e.
Bus or rail stations or terminals for passengers.
f.
Crematoriums; see section 4.2.
g.
Fuel pumps; see section 4.2.
h.
Heliport; see section 4.2.
i.
Liquor store (see alcohol outlet); see section 4.2.
j.
Nightclub or late night establishment; see section 4.2.
k.
Restaurants with a drive-thru configuration; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
2.
Commercial.
a.
Fuel pumps, accessory to large scale retail within 1,000 feet of interstate highway interchange measured from ROW to property line; see section 4.2.
b.
Service area, outdoor; see section 4.2.
3.
Industrial.
a.
Recycling collection.
(Ord. of 8-2-2017, § 1(2.27.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.27.3. - Dimensional requirements.
Dimensional requirements for the C-2 (General Commercial) District shall be as provided in Table 2.24, Nonresidential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.27.3))
Sec. 2.27.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.27.4))
Sec. 2.28.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the OD (Office-Distribution) District is as follows:
A.
To provide convenient areas within the city for the development of office and distribution establishments which are necessary for the residents and business practitioners within the city; and
B.
To implement the future development map of the city's most current comprehensive plan.
(Ord. of 8-2-2017, § 1(2.28.1))
Sec. 2.28.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there exist supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply and must be complied with.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Hotel/motel.
3.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Club, order or lodge, fraternal, non-commercial.
c.
Coliseum or stadium/not associated with church or school; see section 4.2.
d.
Colleges, universities, research and training facilities.
e.
Educational use, private; see section 4.2.
f.
Golf course or clubhouse, public or private; see section 4.2.
g.
Government facilities.
h.
Library or museum.
i.
Places of worship; see section 4.2.
j.
Recreation club; see section 4.2.
k.
Recreation, outdoor; see section 4.2.
l.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
m.
School, public kindergarten, elementary, middle or high schools.
n.
School, specialty; see section 4.2.
o.
School, vocational; see section 4.2.
p.
Swimming pools, commercial; see section 4.2.
q.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Adult daycare facility, up to 6; see section 4.2.
c.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
d.
Alcohol outlet—beer and wine, accessory to retail less than 12,000 sf; see section 4.2.
e.
Alcohol outlet—package store, primary; see section 4.2.
f.
Animal hospital, veterinary clinic; see section 4.2.
g.
Animal shelter/rescue center; see section 4.2.
h.
Art gallery.
i.
Barber shop/beauty salon or similar establishments.
j.
Building or construction office; see section 4.2.
k.
Child day care facility, up to 6; see section 4.2.
l.
Child day care center (kindergarten), 7 or more.
m.
Clinic, health services.
n.
Contractor office, heavy construction; see section 4.2.
o.
Contractor office, landscape; see section 4.2.
p.
Drive-through facilities; see section 4.2.
q.
Farmer's market, permanent; see section 4.2.
r.
Liquor store (see alcohol outlet); see section 4.2.
s.
Mini-warehouse; see section 4.2.
t.
Office, medical.
u.
Office, professional.
v.
Parking, commercial lot; see section 4.2.
w.
Parking, commercial garage.
x.
Pawn shop, title loan; see section 4.2.
y.
Recreation, indoor.
z.
Recreation, outdoor; see section 4.2.
aa.
Restaurants (accessory to hotel/motel).
bb.
Retail, 5,000 sf or less (with the exception of small box discount stores).
cc.
Retail, over 5,000 sf (with the exception of small box discount stores, see also shopping center).
dd.
Retail warehouses/wholesales providing sales of merchandise with no outdoor storage.
ee.
Shopping center.
ff.
Special events facility.
gg.
Taxi, ambulance or limousine service, dispatching or storage; see section 4.2.
hh.
Taxi stand.
ii.
Trade shops.
5.
Industrial.
a.
Warehousing or storage.
6.
Communications—Utility.
a.
Essential services.
7.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Institutional/Public.
a.
School, vocational; see section 4.2.
3.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales; seasonal; see section 4.2.
e.
Temporary outdoor sales or events, seasonal; see section 4.2.
f.
Temporary produce stand; see section 4.2.
g.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
4.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
New support structure from 50 feet up to 199 feet; see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Institutional/Public.
a.
Cultural facilities.
2.
Commercial.
a.
Alternative energy production.
b.
Fuel pumps; see section 4.2.
c.
Heliport; see section 4.2.
d.
Nightclub or late night establishment; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
2.
Commercial.
a.
Fuel pumps, accessory to large scale retail within 1,000 feet of interstate highway interchange measured from ROW to property line; see section 4.2.
(Ord. of 8-2-2017, § 1(2.28.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.28.3. - Dimensional requirements.
Dimensional requirements for the OD (Office-Distribution) District shall be as provided in Table 2.24, Nonresidential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.28.3))
Sec. 2.28.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.28.4))
Sec. 2.29.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the OI (Office-Institutional) District is as follows:
A.
To provide convenient areas within the city for the location of office and institutional uses which are necessary for the residents and business and professional practitioners within the city;
B.
To provide accessory commercial and residential uses to reduce auto dependence;
C.
To provide locations for the development of cultural, recreational, educational and health service facilities for the city;
D.
To promote compatible development, in size and scale, to surrounding development;
E.
To promote campus style developments;
F.
To promote pedestrian oriented compact design;
G.
To implement the future development map of the city's most current comprehensive plan.
(Ord. of 8-2-2017, § 1(2.29.1))
Sec. 2.29.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply and must be complied with.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Bed and breakfast establishment.
b.
Child care home, 5 or less; see section 4.2.
c.
Child care facility, 6 or more; see section 4.2.
d.
Child day care center.
e.
Convents or monasteries; see section 4.2.
f.
Dwelling, multifamily.
g.
Hotel/motel.
h.
Live/work unit.
i.
Nursing care facility or hospice.
j.
Personal care home, 6 or less; see section 4.2.
k.
Personal care home, 7 or more; see section 4.2.
3.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Club, order or lodge, fraternal, non-commercial.
c.
Colleges, universities, research and training facilities.
d.
Funeral home, mortuary.
e.
Golf course or clubhouse, public or private; see section 4.2.
f.
Government facilities.
g.
Hospital or accessory ambulance service.
h.
Library or museum.
i.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
j.
Places of worship; see section 4.2.
k.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
l.
School, public kindergarten, elementary, middle or high schools.
m.
School, specialty; see section 4.2.
n.
School, vocational; see section 4.2.
o.
Swimming pools, commercial; see section 4.2.
p.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Automobile or truck rental or leasing facilities; see section 4.2.
c.
Banks, credit unions or other similar financial institutions.
d.
Building or construction office; see section 4.2.
e.
Catering establishments.
f.
Child day care facility, up to 6; see section 4.2.
g.
Child day care center (kindergarten), 7 or more.
h.
Clinic, health services.
i.
Drive-through facilities; see section 4.2.
j.
Dry cleaning agencies, pressing establishments, or laundry pick-up stations.
k.
Farmer's market, permanent; see section 4.2.
l.
Fitness center.
m.
Kidney dialysis center.
n.
Medical or dental laboratories.
o.
Office, medical.
p.
Office, professional.
q.
Printing or publishing establishments.
r.
Restaurants (accessory to hotel/motel).
s.
Restaurant with a drive-thru configuration.
t.
Special events facility.
u.
Taxi stand.
v.
Theaters with live performance, assembly or concert halls, or similar entertainment within an enclosed building.
w.
Trade shops.
5.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales; seasonal; see section 4.2.
e.
Temporary outdoor sales or events, seasonal; see section 4.2.
f.
Temporary produce stand; see section 4.2.
g.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
3.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2
b.
New support structure from 50 feet up to 199 feet; see section 4.2
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Dwelling, apartment.
b.
Fraternity or sorority house.
c.
Hotel/motel, extended stay.
d.
Senior housing; see section 4.2.
e.
Shelter for homeless persons, 7—20; see section 4.2.
f.
Shelter for homeless persons for no more than 6 persons; see section 4.2.
g.
Transitional housing facilities, 7—20 persons; see section 4.2.
2.
Institutional/Public.
a.
Cultural facilities.
3.
Commercial.
a.
Barber shop/beauty salon or similar establishment.
b.
Fuel pumps; see section 4.2.
c.
Heliport; see section 4.2.
4.
Industrial.
a.
Crematoriums; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
2.
Commercial.
a.
Barber shop/beauty salon or similar establishments.
b.
Liquor store (see alcohol outlet); see section 4.2.
c.
Nightclub or late night establishments; see section 4.2.
d.
Parking, commercial garage.
e.
Parking, commercia lot; see section 4.2.
f.
Personal services establishment.
g.
Restaurants (non drive-thru).
h.
Retail 5,000 sf or less (with the exception of small box discount stores).
3.
Industrial.
a.
Recycling collection.
4.
Communication—Utility.
a.
Radio or television broadcasting transmission facility.
(Ord. of 8-2-2017, § 1(2.29.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.29.3. - Dimensional requirements.
Dimensional requirements for the OI (Office-Institutional) District shall be as provided in Table 2.24, Nonresidential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.29.3))
Sec. 2.29.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.29.4))
Sec. 2.30.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the OIT (Office-Institutional-Transitional) District is as follows:
A.
To provide areas within the city for the location of office and institutional uses which are necessary for the residents, business practitioners, and professional practitioners in existing buildings no longer viable for residential uses;
B.
To limit said buildings' height to be compatible to those potential redevelopment parcels and structures;
C.
To provide for the transition from residential to office and associated commercial uses which do not generate large volumes of traffic, noise or other harmful effects, and which are compatible with residential uses in locations so designated in the comprehensive plan in the applicable character areas.
(Ord. of 8-2-2017, § 1(2.30.1); Ord. No. 2021-06-03, § 1(Exh. A, § Z), 8-23-2021)
Sec. 2.30.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply and must be complied with.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Residential.
a.
Bed and breakfast establishment.
b.
Child care home, 5 or less; see section 4.2.
c.
Child care facility, 6 or more; see section 4.2.
d.
Child day care center.
e.
Convents or monasteries; see section 4.2.
f.
Dwelling, multifamily.
g.
Hotel/motel.
h.
Live/work unit.
i.
Nursing care facility or hospice.
j.
Personal care home, 6 or less; see section 4.2.
k.
Personal care home, 7 or more; see section 4.2.
3.
Institutional/Public.
a.
Cemetery, columbarium, mausoleum; see section 4.2.
b.
Club, order or lodge, fraternal, non-commercial.
c.
Colleges, universities, research and training facilities.
d.
Funeral home, mortuary.
e.
Golf course or clubhouse, public or private; see section 4.2.
f.
Government facilities.
g.
Hospital or accessory ambulance service.
h.
Library or museum.
i.
Neighborhood or subdivision clubhouse or amenities; see section 4.2.
j.
Places of worship; see section 4.2.
k.
School, private kindergarten, elementary, middle or high schools; see section 4.2.
l.
School, public kindergarten, elementary, middle or high schools.
m.
School, specialty; see section 4.2.
n.
School, vocational; see section 4.2.
o.
Swimming pools, commercial; see section 4.2.
p.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
4.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Automobile or truck rental or leasing facilities; see section 4.2.
c.
Banks, credit unions or other similar financial institutions.
d.
Building or construction office; see section 4.2.
e.
Catering establishments.
f.
Child day care facility, up to 6; see section 4.2.
g.
Child day care center (kindergarten), 7 or more.
h.
Clinic, health services.
i.
Drive-through facilities; see section 4.2.
j.
Dry cleaning agencies, pressing establishments, or laundry pick-up stations.
k.
Farmer's market, permanent; see section 4.2.
l.
Fitness center.
m.
Kidney dialysis center.
n.
Medical or dental laboratories.
o.
Office, medical.
p.
Office, professional.
q.
Printing or publishing establishments.
r.
Restaurants (accessory to hotel/motel).
s.
Restaurant with a drive-thru configuration.
t.
Special events facility.
u.
Taxi stand.
v.
Theaters with live performance, assembly or concert halls, or similar entertainment within an enclosed building.
w.
Trade shops.
5.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Temporary outdoor retail sales; see section 4.2.
c.
Temporary outdoor sales; seasonal; see section 4.2.
d.
Temporary outdoor sales or events, seasonal; see section 4.2.
e.
Temporary produce stand; see section 4.2.
f.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
3.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2
b.
New support structure from 50 feet up to 199 feet; see section 4.2
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Residential.
a.
Dwelling, apartment.
b.
Fraternity or sorority house.
c.
Hotel/motel, extended stay.
d.
Senior housing; see section 4.2.
e.
Shelter for homeless persons, 7—20; see section 4.2.
f.
Shelter for homeless persons for no more than 6 persons; see section 4.2.
g.
Transitional housing facilities, 7—20 persons; see section 4.2.
2.
Institutional/Public.
a.
Cultural facilities.
3.
Commercial.
a.
Barber shop/beauty salon or similar establishment.
b.
Fuel pumps; see section 4.2.
c.
Heliport; see section 4.2.
4.
Industrial.
a.
Crematoriums; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Residential.
a.
Accessory uses or structures.
b.
Dormitory.
2.
Commercial.
a.
Barber shop/beauty salon or similar establishments.
b.
Liquor store (see alcohol outlet); see section 4.2.
c.
Nightclub or late night establishments; see section 4.2.
d.
Parking, commercial garage.
e.
Parking, commercia lot; see section 4.2.
f.
Personal services establishment.
g.
Restaurants (non drive-thru).
h.
Retail 5,000 sf or less (with the exception of small box discount stores).
3.
Industrial.
a.
Recycling collection.
4.
Communication—Utility.
a.
Radio or television broadcasting transmission facility.
(Ord. of 8-2-2017, § 1(2.30.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)
Sec. 2.30.3. - Dimensional requirements.
Dimensional requirements for the OIT (Office-Institutional-Transitional) District shall be as provided in Table 2.24, Nonresidential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.30.3))
Sec. 2.30.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.30.4))
Sec. 2.31.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the M (Light Industrial) District is as follows:
A.
To provide areas for the establishment of businesses engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment and the sale and distribution of such goods, merchandise or equipment in locations so designated in the comprehensive plan;
B.
To provide an environment for light industrial uses that produces no appreciable impact on adjacent properties and preserve the appeal and appearance of residential and commercial areas;
C.
To ensure that all establishments located within the M (Light Industrial) District operate in compliance with the noise standards contained in this chapter and that any negative noise impact resulting from the use of land within the M (Light Industrial) District is contained within the boundaries of said district and does not create noise problems for adjoining residential, office or commercial districts;
D.
To provide an area within City of Stonecrest for recycling and green businesses to locate;
E.
To generate employment opportunities and economic development;
F.
To ensure that M (Light Industrial) Districts are so located that transportation access to thoroughfares and freeways is available;
G.
To allow for the conversion of industrial buildings which are 50 years of age or older to multifamily dwellings so as to promote living and working space as well as historic preservation;
H.
To implement the future development map of the city's most current comprehensive plan.
(Ord. of 8-2-2017, § 1(2.31.1))
Sec. 2.31.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply and must be complied with.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Dairy.
b.
Keeping of livestock.
c.
Keeping of poultry/pigeons.
d.
Sawmill; temporary or portable.
e.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Institutional/Public.
a.
Colleges, universities, research and training facilities.
b.
Golf course or clubhouse, public or private; see section 4.2.
c.
Government facilities.
d.
Hospital or accessory ambulance service.
e.
Places of worship; see section 4.2
f.
Swimming pools, commercial; see section 4.2.
g.
Tennis courts, swimming pools, play or recreation areas, community; see section 4.2.
3.
Commercial.
a.
Adult daycare center, 7 or more; see section 4.2.
b.
Alcohol outlet—package store, primary; see section 4.2.
c.
Alcohol outlet—beer and/or wine store, beer growler, primary; see section 4.2.
d.
Alcohol outlet—beer and wine, accessory to retail less than 12,000 sf (see also 4.1.3(F)); see section 4.2.
e.
Ambulance service or emergency medical services, private.
f.
Animal hospital, veterinary clinic; see section 4.2.
g.
Animal shelter/rescue center; see section 4.2.
h.
Automobile brokerage; see section 4.2.
i.
Automobile recovery and storage.
j.
Automobile service station; see section 4.2.
k.
Automobile or truck rental or leasing facilities; see section 4.2.
l.
Automobile or truck sales; see section 4.2.
m.
Automobile upholstery shop.
n.
Automobile wash/was service; see section 4.2.
o.
Automobile repair, major; see section 4.2.
p.
Automobile repair, minor; see section 4.2.
q.
Banks, credit unions or other similar financial institutions.
r.
Barber shop/beauty salon or similar establishments.
s.
Brewery, craft (micro-brewery).
t.
Brewpub/beer growler.
u.
Building or construction office; see section 4.2.
v.
Catering establishments.
w.
Check cashing establishment, accessory; see section 4.2.
x.
Check cashing establishment, primary; see section 4.2.
y.
Child day care center (kindergarten), 7 or more.
z.
Clinic, health services.
aa.
Club, order or lodge, fraternal, non-commercial.
bb.
Commercial greenhouse or plant nursery; see section 4.2.
cc.
Contractor office, landscape; see section 4.2.
dd.
Distillery (micro-distillery).
ee.
Dog day care; see section 4.2.
ff.
Dog grooming; see section 4.2.
gg.
Drive-in theater; see section 4.2.
hh.
Drive-through facilities; see section 4.2.
ii.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
jj.
Fairground or amusement park; see section 4.2.
kk.
Farmer's market, permanent; see section 4.2.
ll.
Fitness center.
mm.
Fuel dealers or wholesalers.
nn.
Heliport; see section 4.2.
oo.
Kennel, breeding.
pp.
Kennel, commercial.
qq.
Kidney dialysis center.
rr.
Medical or dental laboratories.
ss.
Landscape business.
tt.
Liquor store (see alcohol outlet); see section 4.2.
uu.
Mini-warehouse; see section 4.2.
vv.
Outdoor storage, commercial; see section 4.2.
ww.
Parking, commercial lot; see section 4.2.
xx.
Parking, commercial garage.
yy.
Pawn shop, title loan; see section 4.2.
zz.
Personal services establishment.
aaa.
Printing or publishing establishments.
bbb.
Recreational vehicle, boat and trailers sales and service.
ccc.
Restaurants (non drive-thru).
ddd.
Retail, 5,000 sf or less (with the exception of small box discount stores).
eee.
Retail warehouses/wholesales providing sales of merchandise with no outdoor storage.
fff.
Special events facility.
ggg.
Taxi, ambulance or limousine service, dispatching or storage; see section 4.2.
hhh.
Taxi stand.
iii.
Trade shops.
4.
Industrial.
a.
Alternative energy production.
b.
Building materials or lumber supply establishment.
c.
Contractor, general.
d.
Contractor heavy construction, outside storage.
e.
Contractor, special trade.
f.
Crematorium; see section 4.2.
g.
Fabricated metal manufacture without EPD permit required (Light manufacturing).
h.
General aviation airport; see section 4.2.
i.
Heavy equipment repair service or trade.
j.
Industrial, light.
k.
Manufacturing, light.
l.
Outdoor storage, industrial; see section 4.2.
m.
Railroad car classification yards or team truck yards; see section 4.2.
n.
Recovered materials facility wholly within a building; see section 4.2.
o.
Recovered materials processing wholly within a building.
p.
Recycling collection.
q.
Recycling plant.
r.
Research and testing facilities.
s.
Towing or wreckage service.
t.
Transportation equipment storage or maintenance (vehicle); see section 4.2.
u.
Truck stop.
v.
Truck terminal.
w.
Vehicle storage yard.
x.
Warehousing or storage.
5.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Radio or television or broadcasting transmission facility.
d.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales; seasonal; see section 4.2.
e.
Temporary outdoor sales or events, seasonal; see section 4.2.
f.
Temporary produce stand; see section 4.2.
g.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
3.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
New support structure from 50 feet up to 199 feet; see section 4.2.
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2.
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Institutional/Public.
a.
Cultural facilities.
b.
School, specialty; see section 4.2.
c.
School, vocational; see section 4.2.
2.
Commercial.
a.
Bus or rail stations or terminals for passengers.
b.
Fuel pumps; see section 4.2.
c.
Nightclub or late night establishment; see section 4.2.
d.
Recreation, outdoor; see section 4.2.
e.
Restaurants with a drive-thru configuration; see section 4.2.
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Commercial.
a.
Fuel pumps, accessory to large scale retail within 1,000 feet of interstate highway interchange measured from ROW to property line; see section 4.2.
b.
Service area, outdoor; see section 4.2.
2.
Industrial.
a.
Incidental retail sales of goods produced or processed on the premises.
(Ord. of 8-2-2017, § 1(2.31.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.31.3. - Dimensional requirements.
Dimensional requirements for the M (Light Industrial) District shall be as provided in Table 2.24, Nonresidential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.31.3))
Sec. 2.31.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.31.4))
Sec. 2.31.5. - Multifamily use provisions for industrial conversion.
A.
The conversion of industrial buildings to residential use shall be permitted by a special land use permit. The following shall be considered:
1.
Whether the building is located on the interior or periphery of an established industrial park or area;
2.
Whether the building or area should no longer be used for industrial uses;
3.
Adequate parking is provided in accordance with article 6 of this chapter, for multifamily or live- work.
(Ord. of 8-2-2017, § 1(2.31.5))
Sec. 2.32.1.- Statement of purpose and intent.
The purpose and intent of the City Council in establishing the M-2 (Heavy Industrial) District is as follows:
A.
To provide areas for manufacturing, warehousing and distribution facilities at locations so designated in the comprehensive plan;
B.
To provide for a location for intense industrial uses that do not require and may not be appropriate for a nuisance free environment;
C.
To provide for a location that allows nuisances such as noise, vibration and other impacts which cannot be contained on-site;
D.
To ensure that all businesses located within the M-2 (Heavy Industrial) District operate in compliance with the noise standards contained in this chapter and that any negative noise impact resulting from the use of land within the M-2 (Heavy Industrial) District is contained within the boundaries of said district and does not create noise problems for adjoining residential, office or commercial districts;
E.
To ensure that industrial districts are so located that transportation access to thoroughfares and freeways is available;
F.
To implement the future development map of the city's most current comprehensive plan.
(Ord. of 8-2-2017, § 1(2.32.1))
Sec. 2.32.2. - Permitted and special land uses.
Permitted uses and uses requiring special land use permits shall be as provided below. In cases where a use is permitted but there are supplemental use regulations for that use specified in article 4 of this chapter, such regulations shall also apply and must be complied with.
A.
Permitted Uses. The following uses are permitted as of right under this Code:
1.
Agricultural Activities.
a.
Dairy.
b.
Livestock sales pavilion; see section 4.2.
c.
Sawmill; temporary or portable.
d.
Urban Community Garden, up to 5 acres; see section 4.2.
2.
Institutional/Public.
a.
Government facilities.
b.
Places of worship; see section 4.2.
3.
Commercial.
a.
Animal hospital, veterinary clinic; see section 4.2.
b.
Animal shelter/rescue center; see section 4.2.
c.
Automobile brokerage; see section 4.2.
d.
Automobile recovery and storage.
e.
Automobile service station; see section 4.2.
f.
Automobile or truck sales; see section 4.2.
g.
Automobile upholstery shop.
h.
Automobile repair, major; see section 4.2.
i.
Automobile repair, minor; see section 4.2.
j.
Building or construction office; see section 4.2.
k.
Check cashing establishment, accessory; see section 4.2.
l.
Contractor office, landscape; see section 4.2.
m.
Dog day care; see section 4.2.
n.
Dog grooming; see section 4.2.
o.
Drive-in theater; see section 4.2.
p.
Dry cleaning agencies, pressing establishments or laundry pick-up stations.
q.
Fairground or amusement park; see section 4.2.
r.
Farmer's market, permanent; see section 4.2.
s.
Fitness center.
t.
Fuel dealers or wholesalers.
u.
Heliport; see section 4.2.
v.
Kennel, breeding.
w.
Kennel, commercial.
x.
Medical or dental laboratories.
y.
Landscape business.
z.
Mini-warehouse; see section 4.2.
aa.
Outdoor storage, commercial; see section 4.2.
bb.
Printing or publishing establishments.
cc.
Retail, 5,000 sf or less (with the exception of small box discount stores).
dd.
Service area, outdoor; see section 4.2.
ee.
Sexually oriented businesses; see section 4.2.
ff.
Taxi, ambulance or limousine service, dispatching or storage; see section 4.2.
gg.
Taxi stand.
hh.
Trade shops.
4.
Industrial.
a.
Alternative energy production.
b.
Brewery, Large scale.
c.
Contractor, general.
d.
Contractor heavy construction, outside storage.
e.
Contractor, special trade.
f.
Crematorium; see section 4.2.
g.
Distillery, Large scale.
h.
Fabricated metal manufacturing without EPD Permit Required (Light Manufacturing).
i.
General aviation airport; see section 4.2.
j.
Heavy equipment repair service or trade.
k.
Industrial, heavy.
l.
Industrial, light.
m.
Intermodal freight terminal, bus or rail freight or passenger terminal, or truck terminal.
n.
Manufacturing, heavy; see section 4.2.
o.
Manufacturing, light.
p.
Manufacturing operations not housed within a building; see section 4.2.
q.
Mines or mining operations, quarries, asphalt plants, gravel pits or soil pits; see section 4.2.
r.
Outdoor storage, industrial; see section 4.2.
s.
Railroad car classification yards or team truck yards; see section 4.2.
t.
Recovered materials facility wholly within a building; see section 4.2.
u.
Recovered materials processing wholly within a building.
v.
Recycling collection.
w.
Recycling plant.
x.
Research and testing facilities.
y.
Salvage yard (junkyard); see section 4.2.
z.
Storage yard, except vehicle; see section 4.2
aa.
Storage yard for vehicles; see section 4.2.
bb.
Towing or wreckage service; see section 4.2.
cc.
Transportation equipment storage or maintenance (vehicle); see section 4.2.
dd.
Truck stop.
ee.
Truck terminal.
ff.
Vehicle storage yard.
gg.
Warehousing or storage.
5.
Communications—Utility.
a.
Essential services.
b.
Radio or television broadcasting studio.
c.
Radio or television or broadcasting transmission facility.
d.
Satellite television antenna; see section 4.2.
6.
Wireless Telecommunications.
a.
Attached wireless telecommunication facility; see section 4.2.
b.
Carrier on Wheels (declared emergency); see section 4.2.
B.
Special Administrative Uses. The following uses are permitted only with administrative approval:
1.
Agricultural.
a.
Urban, community garden, over 5 acres.
2.
Commercial.
a.
Farmer's market, temporary/seasonal; see section 4.2.
b.
Food Trucks, Mobile Vending/Food Carts; see section 4.2.
c.
Temporary outdoor retail sales; see section 4.2.
d.
Temporary outdoor sales; seasonal; see section 4.2.
e.
Temporary outdoor sales or events, seasonal; see section 4.2.
f.
Temporary produce stand; see section 4.2.
g.
Temporary trailer, as home sales office or construction trailer; see section 4.2.
3.
Wireless Telecommunications.
a.
Carrier on wheels (non-emergency or event, no more than 120 days); see section 4.2.
b.
New support structure from 50 feet up to 199 feet; see section 4.2
c.
Small cell installations (new support structures or collocation) on private property or ROW; see section 4.2
C.
Special Land Use Permit. The following uses are permitted only with a special land use permit:
1.
Institutional/Public.
a.
School, specialty; see section 4.2.
b.
School, vocational; see section 4.2.
2.
Commercial.
a.
Bus or rail stations or terminals for passengers.
b.
Fuel pumps; see section 4.2.
c.
Nightclub or late night establishment; see section 4.2.
3.
Industrial.
a.
Fabricated metal manufacturing with EPD Permit Required (Heavy Manufacturing).
D.
Permitted Accessory. The following uses are permitted as accessory only to a principal use:
1.
Industrial.
a.
Incidental retail sales of goods produced or processed on the premises.
(Ord. of 8-2-2017, § 1(2.32.2); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024)
Sec. 2.32.3. - Dimensional requirements.
Dimensional requirements for the M-2 (Heavy Industrial) District shall be as provided in Table 2.24, Nonresidential Zoning Districts Dimensional Requirements.
(Ord. of 8-2-2017, § 1(2.32.3))
Sec. 2.32.4. - Site and building design standards.
Site and building design standards and regulations to be applied in this zoning district shall be as provided in article 5 of this chapter, site design and building form standards.
(Ord. of 8-2-2017, § 1(2.32.4))
Sec. 2.32.5. - Reserved.
Editor's note— Ord. No. 2022-06-01, § 2(Exh. A), adopted August 2, 2022, repealed § 2.32.5, which pertained to solid waste facility/landfill use provisions and derived from Ord. of August 2, 2017, § 1(2.32.5).