For the purpose of carrying out the provisions of this chapter, all lands within the corporate limits of the city are divided into the following districts:

(Ord. No. 1874, § 7, 6-13-1983)

(a)

Adopted by reference. The official city zoning map, which, together with all explanatory matter thereon, is adopted by reference and declared a part of this chapter. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the building official, shall be the final authority as to the current zoning status of land and water areas, structures, and buildings in the city.

(b)

Identification. The official city zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the official city zoning map referred to in section _____ of the Code of Ordinances of Sugar Creek, Missouri," together with the effective date of the ordinance from which this chapter is derived.

(c)

Amendments. No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter.

(d)

Replacement. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes, the city council may by ordinance adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions on the prior official zoning map, but no such corrections shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new official zoning map shall be properly identified.

(e)

Boundary discrepancies. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following recorded lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

(6)

When definite distances in feet are not shown on the official city zoning map, the district boundaries are intended to be along existing street, alley, or lot lines. if the exact location of a boundary is not clear, it shall be determined by the building official.

(7)

Whenever any right-of-way is vacated, the abutting district shall be automatically extended to the centerline of the vacated right-of-way.

(Ord. No. 1874, § 8, 6-13-1983)

(a)

Applicability. This section applies to pawn shops and short-term loan services which are permitted uses only in the following districts subject to C-2, C-2B and C- 3 standards.

(b)

Locations restrictions. Pawn shops and short-term loan services may not locate or expand an existing operation within:

(1)

2,500 feet of another pawn shop or short-term loan service;

(2)

1,500 feet from a church, school, day care facility, city building, city park, hospital or urgent care facility; or

(3)

500 feet from any residential district use.

The distances will be measured in a straight line, without regard to intervening structures or properties, from the closest external wall of each business.

(c)

Per capita limitation on number of businesses. No permit may be issued for a short-term loan service or pawn shop where it is determined that the total number of such facilities will exceed a population density factor of one such establishment per 2,000 residents based on the last decennial census.

(d)

Vehicle or storage display. No vehicle, including, but not limited to, motor vehicles, motor homes, trucks, trailers, motorcycles, scooter, boats, and recreational vehicles, that have been repossessed or are owned or controlled by the business shall be stored, or offered or displayed for sale, on property upon which the business is located.

(Ord. No. 08-61-15, § 2, 8-10-2015)

In addition to the specific standards for each district below, all districts are subject to the parking regulations of article VI of this chapter, the sign regulations of article VII of this chapter, and the landscaping and screening regulations of article VIII of this chapter.

In district A, no building, structure, land or premises shall be used, and no building or structure shall be erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Permitted uses.

a.

Dwellings, one family.

b.

Camps, Types I and II.

c.

Agriculture, horticulture, nurseries, greenhouses, orchards, and general farming, including raising of livestock, goats, hogs, etc., and raising, fattening, killing or processing of chickens, turkeys, and other poultry, provided there shall be no feeding or disposal of garbage, rubbish or offal, unless a permit for such operation is issued by the board, under such restrictions as the city council may impose.

d.

Riding stables, riding tracts or polo fields, provided the stables shall be located not less than 100 feet from any property line.

e.

Dairies, dairy farming, including enterprises which are incidental to the dairy operations.

f.

Fur farming for the raising of fur-bearing animals, provided buildings and pens shall be located not less than 100 feet from any property line.

g.

Kennels, provided the buildings and pens shall be located not less than 200 feet from any property line.

h.

Fish hatcheries, apiaries, and aviaries.

i.

Roadside stands of not over 200 square feet in area offering for sale only products which are produced on the premises. Said roadside stands shall be permitted in the required front area, but in no event shall be closer than 30 feet to the right-of-way.

j.

Accessory uses, including repair shops, sheds, garages, barns, silos, bunk houses, incidental dwellings, buildings, and structures commonly required for any of the above uses.

(2)

Uses permitted by special use permit.

a.

Camper trailer parks.

b.

Cemeteries, mausoleums, or crematories.

c.

Churches.

d.

Clubs, private.

e.

Dog pounds and kennels.

f.

Golf courses and clubhouses appurtenant thereto.

g.

Gun clubs, skeet shoots or target ranges.

h.

Penal or correctional institutions.

i.

Sanitary landfills.

j.

Schools, public or private.

k.

Demolition landfills.

l.

Compost plants.

(3)

Height and area regulations. In district A, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family shall be as follows:

a.

Height. Buildings or structures shall not exceed 35 feet and shall not exceed 2½ stories in height.

b.

Front yard. The minimum front yard dimension shall be 60 feet.

c.

Side yard. The minimum side yard shall be 40 feet.

d.

Rear yard. The minimum rear yard dimension shall be 50 feet.

e.

Lot width. The lot width for residential purposes shall be a minimum of 150 feet.

f.

Lot area per family. There shall be a minimum lot area per family of not less than five acres, provided that where a lot has less area than herein provided in separate ownership at the time of the passage of this chapter, this regulation shall not prohibit the erection of a single-family dwelling.

(Ord. No. 1874, § 9, 6-13-1983)

Within the R-1E district, the following regulations shall apply:

(1)

Permitted uses.

a.

Dwellings, one family.

b.

Public parks and playgrounds, including public recreation or service buildings.

c.

Railroad rights-of-way, not including railroad yards.

d.

Agriculture, Type I.

e.

Temporary real estate office, not to exceed two years without permit.

f.

Home occupations by home occupation license.

(2)

Uses permitted by special use permit.

a.

Churches.

b.

Private stable on a lot having an area of one acre or more, provided that it is located not closer than 100 feet from the front line and 30 feet from any side or rear line. On such lots there shall not be more than one horse or pony for each 43,560 square feet of lot area.

(3)

Height and area regulations. In district R-1E the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family shall be as follows:

a.

Height. Buildings or structures shall not exceed 35 feet and shall not exceed 2½ stories in height.

b.

Front yard. The minimum front yard dimension shall be 50 feet, except where a lot abuts a federal or state highway the minimum setback shall be 60 feet.

c.

Side yard. The minimum side yard dimension on each side of a buildings on an interior lot shall be 15 feet. The minimum side yard on the street side of a corner lot shall be 40 feet. The minimum side yard dimension of an accessory structure shall be ten feet from a line other than a street line.

d.

Rear yard. The minimum rear yard dimension shall be 50 feet. The minimum rear yard dimension for an accessory structure shall be 20 feet.

e.

Lot width. The minimum width of a lot shall be 100 feet at the building line.

f.

Lot area per family. There shall be a minimum lot area of not less than 20,000 square feet.

g.

Floor area. Every dwelling unit shall have a floor area, exclusive of basements, porches, and garages of 1,500 square feet.

(4)

Parking regulations. There shall be a minimum of two off-street parking spaces provided for each dwelling unit.

(Ord. No. 1874, § 10, 6-13-1983)

Within the R-1 district the following regulations shall apply:

(1)

Permitted uses.

a.

Dwellings, one family.

b.

Public parks and playgrounds, including public recreation or service buildings.

c.

Railroad rights-of-way, not including railroad yards.

d.

Agriculture, Type I.

e.

Temporary real estate office, not to exceed two years without permit.

f.

Home occupations by home occupation license.

(2)

Uses permitted by special use permit.

a.

Cemeteries, mausoleums, or crematories.

b.

Churches.

c.

Clubs, private.

d.

Golf courses and clubhouses appurtenant thereto.

e.

Parking lots.

f.

Private stable on a lot having an area of one acre or more provided that it is located not closer than 100 feet from the front line and 30 feet from any side or rear line. On such lots there shall not be more than one horse or pony for each 43,560 square feet of lot area.

g.

Schools, public or private.

h.

Day nurseries or preschools.

(3)

Height and area regulations. In district R-1, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family shall be as follows:

a.

Height. Buildings or structures shall not exceed 35 feet and shall not exceed 2½ stories in height.

b.

Front yard. The minimum front yard dimension shall be 30 feet.

c.

Side yard. The minimum side yard dimension on each side of a building on an interior lot shall be ten feet. The minimum side yard on the street side of a corner lot shall be 25 feet. The minimum side yard dimension of an accessory structure shall be five feet from a line other than a street line.

d.

Rear yard. The minimum rear yard dimension shall be 30 feet. The minimum rear yard dimension for an accessory structure shall be ten feet.

e.

Lot width. The minimum width of a lot shall be 70 feet at the building line, provided that a lot with less width than herein required in separate ownership, and conforming with prior city zoning regulations at the time of passage of this chapter, this regulation shall not prohibit the erection of a one-family dwelling.

f.

Lot area per family. There shall be a minimum lot area of not less than 8,000 square feet for every dwelling erected, provided that a lot with less area than herein required in separate ownership, and conforming with prior city zoning regulations at the time of the passage of the ordinance from which this chapter is derived, this regulation will not prohibit the erection of a one family dwelling, but further provided that where no public or community sewer is available, each lot shall have a minimum area of 15,000 square feet.

g.

Floor area. Every dwelling unit shall have a floor area, exclusive of basements, porches and garages of 950 square feet.

(4)

Parking regulations. There shall be a minimum of two off-street parking spaces provided for each dwelling unit.

(Ord. No. 1874, § 11, 6-13-1983)

Within the R-2 district, the following regulations shall apply:

(1)

Permitted uses.

a.

One- and two-family dwellings.

b.

Public parks and playgrounds, including public recreation or service buildings.

c.

Railroad rights-of-way, not including railroad yards.

d.

Agriculture, Type I.

e.

Home occupations by home occupation license.

f.

Temporary real estate office, not to exceed two years without permit.

(2)

Uses permitted by special use permit.

a.

Cemeteries, mausoleums or crematories.

b.

Churches.

c.

Clubs, private.

d.

Golf courses and clubhouses appurtenant thereto.

e.

Parking lots.

f.

Schools, public or private.

g.

Day nurseries and preschools.

(3)

Height and area regulations. In district R-2, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family shall be as follows:

a.

Height. Buildings or structures shall not exceed 35 feet and shall not exceed 2½ stories in height.

b.

Front yard. The minimum front yard dimension shall be 30 feet.

c.

Side yard. The minimum side yard dimension on each side of a building on an interior lot shall be ten feet. The minimum side yard on the street side of a corner lot shall be 25 feet. The minimum side yard dimension of an accessory structure shall be five feet from a line other than a street line.

d.

Rear yard. The minimum rear yard dimension shall be 30 feet. The minimum rear yard dimension for an accessory structure shall be ten feet.

e.

Lot width. The minimum width of a lot shall be 70 feet at the building line, provided that a lot with less width than herein required in separate ownership, and conforming with prior city zoning regulations at the time of the passage of this chapter, this regulation shall not prohibit the erection of a one-family dwelling.

f.

Lot area per family. There shall be a minimum lot area of not less than 8,000 square feet for every single-family dwelling erected or a minimum of 4,000 square feet per dwelling for every two-family dwelling, provided that a lot with less area than herein required in separate ownership, and conforming with prior city zoning regulations at the time of the passage of the ordinance from which this chapter is derived, this regulation shall not prohibit the erection of a one family dwelling, but further provided that where no public or community sewer is available, each lot shall have a minimum area of 15,000 square feet.

g.

Floor area. Every single-family dwelling shall have a floor area of 950 square feet and two-family dwelling 1,000 square feet, exclusive of basements, porches, and garages.

(4)

Parking regulations. Not less than two off-street parking spaces shall be provided for each dwelling unit.

(Ord. No. 1874, § 12, 6-13-1983)

Within the R-3 district the following regulations shall apply:

(1)

Permitted uses.

a.

One- and two-family dwellings.

b.

Townhouses, rowhouses, and common wall dwellings.

c.

Garden apartments.

(2)

Uses permitted by special use permit.

a.

Cemeteries, mausoleums or crematories.

b.

Churches.

c.

Clubs, private.

d.

Day nurseries or preschools.

e.

Golf courses and clubhouses.

f.

Manufactured home parks.

g.

Parking lots.

h.

Schools, public or private.

(3)

Height and area regulations. In district R-3, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family shall be as follows:

a.

Height. Buildings or structures shall not exceed 35 feet and shall not exceed 2½ stories in height.

b.

Yard areas.

1.

Each residential building or accessory structure shall provide a setback from any public street of not less than 30 feet.

2.

Each residential building shall provide a yard between the building and a property line, other than a street line of not less than 20 feet.

3.

Each accessory structure shall provide a yard between the structure and a property line, other than a street line, of not less than ten feet.

c.

Lot width. The minimum width of a lot shall be 70 feet at the building line, provided that a lot with less width than herein required in separate ownership, and conforming with prior city zoning regulations at the time of the passage of this chapter, this regulation shall not prohibit the erection of a one-family dwelling.

d.

Lot area per family. For three- and four-family dwelling units, there shall be a minimum lot area of 10,000 square feet. Every building of over four family dwelling units shall provide a minimum lot area of 3,000 square feet per dwelling unit.

(4)

Parking regulations. Off-street parking spaces shall be provided for each dwelling unit as follows:

When the determination of off-street parking spaces results in a fractional space, any fraction of one-half or less may be disregarded while a fraction of one-half or more shall be counted as one parking space.

(Ord. No. 1874, § 13, 6-13-1983)

Within the R-4 district the following regulations shall apply:

(1)

Permitted uses.

a.

Townhouses.

b.

Garden apartments.

c.

Apartment houses.

(2)

Uses permitted by special use permit.

a.

Cemeteries, mausoleums or crematories.

b.

Churches.

c.

Clubs, private.

d.

Day nurseries or preschools.

e.

Golf courses and clubhouses.

f.

Hospitals.

g.

Nursing and convalescent homes.

h.

Parking lots.

i.

Schools, public or private.

(3)

Height and area regulations. In district R-4, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family shall be as follows:

a.

Height. Building or structures shall not exceed 65 feet and shall not exceed five stories in height.

b.

Yard area requirements. The minimum yard dimensions shall be as follows for one to 2½ story buildings: For every story in excess of this there shall be an additional front, side and rear yard requirements of four feet. Circle drives with entrance canopies may extend into the additional front yard requirement.

1.

Each residential building or accessory structure shall provide a setback from any public street of not less than 30 feet.

2.

Each residential building shall provide a yard between the building and a property line, other than a street line, of not less than 20 feet.

3.

Each accessory structure shall provide a yard between the structure and a property line, other than a street line, of not less than ten feet.

c.

Lot width. The minimum width of a lot shall be 70 feet at the building line.

d.

Lot area per family. The minimum lot area for multifamily dwellings shall be 1,000 square feet per dwelling unit. The minimum lot area for housing developed exclusively for the use of elderly residents shall be 800 square feet per dwelling unit.

(4)

Parking regulations. Off-street parking spaces shall be provided for each dwelling unit as follows:

When the determination of off-street parking spaces results in a fractional space, any fraction of one-half or less may be disregarded while a fraction of one-half or more shall be counted as one parking space. Where a building is designed for the exclusive use of senior citizens, parking shall be calculated on the basis of 0.6 of one space per dwelling unit.

(Ord. No. 1874, § 14, 6-13-1983)

Within the C-0 district the following regulations shall apply:

(1)

Permitted uses.

a.

Residential.

1.

Garden apartments.

2.

Apartment buildings.

b.

Offices.

1.

Administrative.

2.

Accountants.

3.

Architects.

4.

Engineers.

5.

Real estate.

6.

Insurance.

7.

Lawyers.

8.

Philanthropic organizations.

9.

Medical.

10.

Dentists.

11.

Physicians.

12.

Chiropractors.

(2)

Uses permitted by special use permit.

a.

Cemeteries, mausoleums or crematories.

b.

Churches.

c.

Day nurseries or preschools.

d.

Golf courses and clubhouses.

e.

Hospitals.

f.

Nursing and convalescent homes.

g.

Schools, public or private.

(3)

Height and area regulations. In the district C-0, the height of buildings and the minimum dimensions of lots and yards shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with all the requirements of district R-4:

a.

Height. Buildings or structures shall not exceed 35 feet in height.

b.

Front yard. The minimum front yard dimension shall be 30 feet.

c.

Side yard. The minimum side yard dimension on each side of a building shall be 20 feet. The minimum side yard dimension on each side of an accessory structure shall be ten feet.

d.

Rear yard. The minimum rear yard dimension on each building shall be 30 feet. The minimum rear yard dimension of an accessory structure shall be ten feet.

(Ord. No. 1874, § 15, 6-13-1983)

Within the C-1 district the following regulations shall apply:

(1)

Permitted uses.

a.

Residential.

1.

Garden apartments.

2.

Apartment buildings.

b.

Offices.

1.

Administrative.

2.

Accountants.

3.

Architects.

4.

Engineers.

5.

Real Estate.

6.

Insurance.

7.

Lawyers.

8.

Philanthropic organizations.

9.

Medical.

10.

Dentists.

11.

Physicians.

12.

Chiropractors.

(2)

Uses permitted by special use permit.

a.

Services: Pre-schools.

b.

Miscellaneous: Private clubs.

(3)

Height and area regulations. In district C-1, the following height and area regulations shall apply, except that buildings erected exclusively for dwelling purposes shall comply with all the requirements of district R-4:

a.

Height. Buildings or structures shall not exceed 45 feet in height. Accessory buildings or structures shall not exceed 15 feet in height.

b.

Front yard. The minimum front yard dimension shall be 30 feet.

c.

Side yard. The minimum side yard dimension on each side of a building shall be 20 feet. The minimum side yard dimension on a corner lot shall be 30 feet. The minimum side yard dimension on each side of an accessory structure shall be ten feet.

d.

Rear yard. The minimum rear yard dimension on each side of a building shall be 20 feet. The minimum rear yard dimension of an accessory structure shall be ten feet.

(Ord. No. 1874, § 16, 6-13-1983)

Within the C-2 the following regulations shall apply:

(1)

Permitted uses.

a.

Residential.

1.

Garden apartments.

2.

Apartment buildings.

3.

Transient housing.

4.

Bed and breakfasts.

b.

Retail trade.

1.

General merchandise.

2.

Antique shop.

3.

Art gallery.

4.

Art shop.

5.

Bicycle repair and sales.

6.

Book store.

7.

Camera shop.

8.

Candy store.

9.

Clothing store.

10.

Confectionery.

11.

Dressmaking shop.

12.

Pharmacy.

13.

Dry goods store.

14.

Flower shop.

15.

Furniture shop.

16.

Gift shop.

17.

Household appliances.

18.

Jewelry store.

19.

Leather goods/luggage store.

20.

Music store.

21.

Newspaper and magazine store.

22.

Notions/novelty store.

23.

Optical shop.

24.

Package liquor and beer sales.

25.

Paint and wallpaper store.

26.

Photographic studio.

27.

Pottery shop and ceramics including kiln operation.

28.

Shoe store.

29.

Sporting goods store.

30.

Stationery store.

31.

Toy shop.

c.

Offices.

1.

Administrative.

2.

Accountants.

3.

Architects.

4.

Engineers.

5.

Real estate.

6.

Insurance.

7.

Lawyers.

8.

Philanthropic organizations.

9.

Medical.

10.

Dentists.

11.

Physicians.

12.

Chiropractors.

d.

Eating and drinking.

1.

Restaurants (excluding drive-ins).

2.

Bakeries.

3.

Delicatessens.

4.

Ice cream parlors.

5.

Taverns.

6.

Nightclubs.

e.

Food.

1.

Food market (not to exceed 4,500 square feet).

2.

Meat market.

f.

Services.

1.

Finance.

2.

Banks.

3.

Savings and loans.

4.

Pawn shops.

5.

Personal.

6.

Dry cleaning (pick-up).

7.

Self-service laundry.

8.

Barber shops.

9.

Beauty shops.

10.

Taxidermists.

11.

Business.

12.

Exterminators.

13.

Food lockers, individual.

14.

Shoe repair.

15.

Small appliance repair.

16.

Education.

17.

Dance studios.

g.

Cultural, entertainment and recreation.

1.

Theaters.

2.

Museums.

3.

Cultural activities.

4.

Exhibits.

5.

Indoor recreation.

6.

Bowling alleys.

7.

Billiard halls.

(2)

Uses permitted by special use permit.

a.

Services.

1.

Miscellaneous.

2.

Private clubs.

3.

Religious services.

4.

Recycle collection.

5.

Parking lots.

6.

Trade schools.

b.

Residential. Single-family occupancy in existing single-family structures.

(3)

Height and area regulations. In district C-2, the following height and area regulations shall apply, except that buildings erected exclusively for dwelling purposes shall comply with all the requirements of district R-4.

a.

Height. Buildings or structures shall not exceed 65 feet in height or five stories.

b.

Front yard. The minimum front yard dimension shall be ten feet.

c.

Side yard. The minimum side yard dimension shall be ten feet.

d.

Rear yard. The minimum rear yard dimension shall be ten feet.

(Ord. No. 1874, § 17, 6-13-1983; Ord. No. 3437, § 1, 7-26-2010)

Within the C-2B district, the following regulations shall apply:

(1)

Permitted uses.

a.

Residential.

1.

Garden apartments.

2.

Apartment buildings.

3.

Transient housing.

4.

Bed and breakfasts.

b.

Retail trade.

1.

General merchandise.

2.

Antique shop.

3.

Art gallery.

4.

Art shop.

5.

Bicycle repair and sales.

6.

Book store.

7.

Camera shop.

8.

Candy store.

9.

Clothing store.

10.

Confectionery.

11.

Dressmaking shop.

12.

Pharmacy.

13.

Dry goods store.

14.

Flower shop.

15.

Furniture store.

16.

Gift shop.

17.

Household appliances.

18.

Jewelry store.

19.

Leather goods/luggage store.

20.

Music store.

21.

Newspaper and magazine store.

22.

Notions/novelty store.

23.

Optical shop.

24.

Package liquor and beer sales.

25.

Paint and wallpaper store.

26.

Photographic studio.

27.

Pottery shop and ceramics including kiln operation.

28.

Shoe store.

29.

Sporting goods store.

30.

Stationery store.

31.

Toy shop.

c.

Offices.

1.

Administrative.

2.

Accountants.

3.

Architects.

4.

Engineers.

5.

Real estate.

6.

Insurance.

7.

Lawyers.

8.

Philanthropic organizations.

9.

Medical.

10.

Dentists.

11.

Physicians.

12.

Chiropractors.

d.

Eating and drinking.

1.

Restaurants (excluding drive-ins).

2.

Bakeries.

3.

Delicatessens.

4.

Ice cream parlors.

5.

Taverns.

6.

Nightclubs.

e.

Food.

1.

Food market (not to exceed 4,500 square feet).

2.

Meat market.

f.

Services.

1.

Finance.

2.

Banks.

3.

Savings and loans.

4.

Pawn shops.

5.

Personal.

6.

Dry cleaning (pick-up).

7.

Self-service laundry.

8.

Barber shops.

9.

Beauty shops.

10.

Taxidermists.

11.

Business.

12.

Exterminators.

13.

Food lockers, individual.

14.

Shoe repair.

15.

Small appliance repair.

16.

Education.

17.

Dance studios.

g.

Cultural, entertainment and recreation.

1.

Theaters.

2.

Museums.

3.

Cultural activities.

4.

Exhibits.

5.

Indoor recreation.

6.

Bowling alleys.

7.

Billiard halls.

(2)

Uses permitted by special use permit.

a.

Services.

1.

Miscellaneous.

2.

Private clubs.

3.

Religious services.

4.

Recycle collection.

5.

Parking lots.

6.

Trade schools.

b.

Residential. Single-family occupancy in existing single-family structures.

(3)

Height and area regulations. In district C-2B, the following height and area regulations shall apply, except that buildings erected exclusively for dwelling purposes shall comply with all the requirements of district R-4.

a.

Height. Buildings or structures shall not exceed 65 feet or five stories in height.

b.

Front yard. None required.

c.

Side yard. None required.

d.

Rear yard. None required.

(Ord. No. 1874, § 18, 6-13-1983; Ord. No. 3437, § 2, 7-26-2010)

Within the C-3 district the following regulations shall apply:

(1)

Permitted uses.

a.

Residential.

1.

Transient lodging.

2.

Hotels.

3.

Motels.

b.

Retail trade.

1.

General merchandise.

2.

Antique shop.

3.

Art gallery.

4.

Art shop.

5.

Bicycle repair and sales.

6.

Book store.

7.

Camera shop.

8.

Candy store.

9.

Clothing store.

10.

Confectionery.

11.

Dressmaking shop.

12.

Pharmacy.

13.

Dry goods store.

14.

Flower shop.

15.

Furniture store.

16.

Gift shop.

17.

Household appliances.

18.

Jewelry store.

19.

Leather goods/luggage store.

20.

Music store.

21.

Newspaper and magazine store.

22.

Notions/novelty store.

23.

Optical shop.

24.

Package liquor and beer sales.

25.

Paint and wallpaper store.

26.

Photographic studio.

27.

Pottery shop and ceramics including kiln operation.

28.

Shoe store.

29.

Stationery store.

30.

Toy shop.

31.

Lumber yards/home improvement centers.

32.

Department stores.

33.

Discount stores.

c.

Offices.

1.

Administrative.

2.

Accountants.

3.

Architects.

4.

Engineers.

5.

Real estate.

6.

Insurance.

7.

Lawyers.

8.

Philanthropic organizations.

9.

Medical.

10.

Dentists.

11.

Physicians.

12.

Chiropractors.

d.

Eating and drinking.

1.

Bakeries.

2.

Delicatessens.

3.

Ice cream parlors.

4.

Drive-in restaurants.

5.

Restaurants (with no drive-up service, may have tavern as accessory use).

e.

Food. Food markets.

f.

Services.

1.

Finance.

2.

Banks.

3.

Savings and loans.

4.

Personal.

5.

Dry cleaning (pick-up).

6.

Self-service laundry.

7.

Barber shops.

8.

Beauty shops.

9.

Taxidermists.

10.

Business.

11.

Exterminators.

12.

Food lockers, individual.

13.

Shoe repair.

14.

Education.

15.

Dance studios.

g.

Cultural, entertainment and recreation.

1.

Theaters.

2.

Museums.

3.

Cultural activities.

4.

Exhibits.

5.

Indoor recreation:

(i)

Bowling alleys (may have tavern as accessory use).

(ii)

Billiard halls (as an accessory to other indoor recreation).

(iii)

Children's supervised recreation.

(2)

Uses permitted by special use permit.

a.

Residential. Group quarters.

b.

Retail trade.

1.

Air conditioning sales and service.

2.

Greenhouse, landscaping sales.

c.

Automotive.

1.

New car sales and leasing.

2.

Used car sales and leasing allowed only as an accessory to new car sales and leasing.

3.

Automobile washing.

4.

Automotive repair and body shops.

5.

Gasoline sales.

6.

Marine sales and service.

7.

RV sales and service.

8.

Motorcycle sales and service.

d.

Services. Pawn shops.

e.

Business: Household appliance repair.

f.

Education: Trade schools.

g.

Miscellaneous.

1.

Recycle collection.

2.

Private clubs.

h.

Cultural, entertainment and recreation.

1.

Indoor recreation.

2.

Video arcades.

3.

Outdoor recreation.

4.

Miniature golf.

5.

Amusement park.

(3)

Height and area regulations. In district C-3, the following height and area regulations shall apply:

a.

Height. Buildings or structures shall not exceed 45 feet or three stories in height.

b.

Front yard. The minimum front yard dimension shall be 30 feet.

c.

Side yard. The minimum side yard dimension shall be 15 feet, 30 feet for a corner lot. The minimum side yard dimension on each side yard dimension on each side of an accessory structure shall be five feet.

d.

Rear yard. The minimum rear yard dimension shall be 20 feet. The minimum rear yard dimension on each side of an accessory structure shall be five feet.

(Ord. No. 1874, § 19, 6-13-1983)

The CR district is primarily intended to service uses engaged in commercial recreation and related activities, ideally in a park-like setting. All construction shall be subject to an approved development plan.

(1)

Permitted uses. No building, land or premises shall be used and no building or structure shall be altered except as per the regulations set forth herein.

a.

Residential. Hotels and motels.

b.

Offices. Administrative.

c.

Retail trade. General merchandise.

d.

Eating and drinking. Restaurants, tavern, nightclub.

e.

Food. Food market (not to exceed 4,500 square feet).

f.

Services. Finance.

g.

Cultural, entertainment and recreation. Indoor recreation, theaters, exhibits.

h.

Agricultural. Type I.

(2)

Uses permitted by special use permit.

a.

Housing: RV park.

b.

Transportation.

1.

Automotive leasing.

2.

Rent-a-car.

3.

Taxicab offices and base facility.

4.

Bus terminal.

5.

Amtrak.

6.

Boat taxi docks.

c.

Cultural, entertainment and recreation.

1.

Riverboat gaming.

2.

Riverboat (excursions/diner).

3.

Outdoor recreation facilities.

d.

Other.

1.

Freight terminal and dock.

2.

Trucking and motor freight (excluding intermodal).

(3)

Height and area regulations. In district CR, the maximum height of buildings and structures, the minimum dimension of yard setbacks shall be as follows:

a.

Height. Buildings shall not exceed 65 feet in height. Structures shall not exceed 100 feet in height.

b.

Building and structures.

1.

Setbacks. The minimum setback for all buildings and structures except for signs, drives, and parking lots shall be 100 feet from all property lines except as specifically excepted in an approved development plan.

2.

Parking lots. The minimum setback for parking lots and loading docks shall be 50 feet from all property.

(4)

Parking and loading regulations.

a.

Each establishment shall provide sufficient off-street parking spaces for all employees, customers, visitors and others who may spend time at the establishment during hours of operation. The number of such parking spaces shall be determined at the time of development plan approval.

b.

Each establishment shall provide adequate loading space. Loading docks shall not be permitted to face any public streets and or drives unless a screening plan therefore is approved as a part of this development plan.

(5)

Performance standards. Prior to issuance of a building permit, development plan approval shall be obtained as provided for in this zoning district. Approval of the development plan shall be by the city council upon recommendation of the planning commission.

a.

The minimum area of property to be zoned district CR shall be 25 acres.

b.

Sanitary sewers. All development shall be connected to the public sewer system or approved interim facility.

c.

All trash receptacles shall be screened.

d.

The minimum landscaped area for a development shall be 20 percent of the property.

e.

Parking lots shall have grass islands/trees at a ratio of one per 25 cars.

f.

Retail sales. No goods, merchandise or equipment shall be stored or displayed outside of a building.

g.

There shall be no manufacture or assembly of products.

h.

Development plan shall contain method of water wellhead protection, if applicable.

i.

There shall be no underground storage of gasoline or petroleum fuels in the CR district.

j.

Fertilizers and herbicides shall be used only with city approval.

(6)

Development plan elements.

a.

Site plan.

1.

Building/structure location.

2.

Grading plan.

3.

Flood protection.

4.

Stormwater discharge plan.

5.

Parking/loading facilities.

6.

Landscaping plan.

b.

Signage.

c.

Lighting plan.

d.

Wellhead protection.

(Ord. No. 1874, § 19a, 6-13-1983; Ord. No. 2541, § 1 (19a), 5-10-1999)

In district M-1, no building, structure, land or premises shall be used, no building or structure shall be erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Permitted uses.

a.

Agriculture.

b.

Animal hospitals.

c.

Carnival by special exception.

d.

Freight terminals and docks.

e.

Indoor tennis.

f.

Laboratories.

g.

Manufacturing, processing, fabrication, assembling, disassembling, packaging, repairing, cleaning, servicing, or testing of any commodity except junk or salvage.

h.

Motels and hotels.

i.

Offices and restaurants.

j.

Public and private utility facilities.

k.

Railroad yards.

l.

Retail sales.

m.

Warehousing, wholesaling, and storage of any commodity except junk or salvage.

(2)

Uses permitted by special use permit.

a.

Airports or landing fields.

b.

Amusement parks.

c.

Camper trailer parks.

d.

Cemeteries, mausoleums, or crematories.

e.

Clubs, private.

f.

Concrete and asphalt plants.

g.

Dog pounds and kennels.

h.

Drive-in theaters.

i.

Golf courses and clubhouses.

j.

Golf driving ranges.

k.

Gun clubs, skeet shoots or target ranges.

l.

Mines or quarries.

m.

Overnight campgrounds and recreational vehicle parking.

n.

Penal or correctional institutions.

o.

Radio, television, and microwave towers.

p.

Sanitary landfills.

q.

Schools, public or private.

r.

Demolition landfills.

s.

Special waste landfills.

t.

Utility waste landfills.

u.

Compost plants.

v.

Recycling centers.

w.

Resource recovery facilities.

x.

Salvaging facilities.

y.

Storage facilities.

z.

Transfer stations.

aa.

Treatment facilities.

bb.

Mine stabilization.

cc.

Sales of small recreational vehicles in underground areas only.

(3)

Performance standards:

a.

All operations shall be conducted within a fully enclosed building or structure.

b.

All storage of materials, products, or equipment shall be within a fully enclosed building or in an open yard having a solid screen fence not less than six feet high giving total or partial screening from neighboring property and adjacent streets. The materials and location of which shall be approved by the planning commission. This shall not apply to stockpiles resulting from mining or quarrying operations.

c.

No use shall be permitted or so operated to produce or emit:

1.

Smoke or particulate matter of a number 1 or darker on the Ringlemann Chart;

2.

Dust, fly ash, radiation, gases, heat, glare, or other effects which are obviously injurious to humans at the property line;

3.

Vibration or concussion perceptible without instruments at the property line, with the exception of blasting;

4.

The noise level shall not exceed 75 decibels at any point along the property line;

5.

Industrial processes and wastes shall be of such a quantity and nature as to not overburden the public sewage disposal facilities or to cause odor and unsanitary effects beyond the property line.

(4)

Height and area regulations. In district M-1, the height of buildings, and the minimum dimension of lots and yards shall be as follows:

a.

Height. No building or structure shall exceed three stories or 50 feet in height except that in district M-1 buildings and structures shall not exceed 100 feet in height.

b.

Front yard. The minimum front yard dimension shall be 30 feet, except where a lot abuts a federal or state highway, the minimum setback shall be 60 feet.

c.

Side yard. The minimum side yard dimension shall be 20 feet; 30 feet for a corner lot, and 15 feet for an accessory building.

d.

Rear yard. The minimum rear yard dimension shall be 20 feet and ten feet for an accessory building.

(Ord. No. 1874, § 20, 6-13-1983; Ord. of 12-14-2009, § 1 (20))

In District M-2, no building, structure, land or premises shall be used, no building or structure shall be erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Permitted uses.

a.

Agriculture.

b.

Offices and restaurants.

c.

Public and private utilities.

d.

Warehousing, wholesaling and storage of any commodity.

e.

Freight terminals and docks.

f.

Railroad yards.

g.

Handling, storage and processing of salvage and scrap metals.

h.

Manufacturing, refining, distilling, processing, fabrication, assembling, disassembling, packaging, repairing, cleaning, servicing, or testing of any commodity.

(2)

Uses permitted by special use permit.

a.

Airports or landing fields.

b.

Concrete and asphalt plants.

c.

Dog pounds and kennels.

d.

Mines or quarries.

e.

Sanitary landfills.

f.

Salvage or junk yards.

g.

Demolition landfills.

h.

Hazardous waste landfills.

i.

Sanitary landfills.

j.

Special waste landfills.

k.

Utility waste landfills.

l.

Incinerators.

m.

Infectious waste treatment facilities.

n.

Recycling centers.

o.

Resource recovery facilities.

p.

Salvaging facilities.

q.

Storage facilities.

r.

Transfer stations.

s.

Treatment facilities.

t.

Mine stabilization.

(3)

Performance standards.

a.

Operations may be conducted within a building or in an open yard except that no operations shall be conducted within 20 feet of a property line.

b.

All storage of materials, products or equipment shall be within a fully enclosed building or in a partially enclosed building or in an open yard having a solid screen fence not less than six feet high giving total or partial screening from neighboring property and adjacent streets. In the case of salvage or junk operations, all storage and processing areas shall be screened by a solid screen fence not less than ten feet in height. The materials and location of which shall be approved by the planning commission. This shall not apply to stockpiles resulting from mining or quarrying operations.

c.

No use shall be permitted or so operated as to produce or emit:

1.

Smoke or particulate matter of a number 1 or darker on the Ringlemann Chart;

2.

Dust, fly ash, radiation, gasses, heat, glare or other effects which are obviously injurious or damaging to humans or property beyond the property line;

3.

Vibration or concussion perceptible without instruments at the property line, with the exception of blasting;

4.

Noise that exceeds 80 decibels at any point along the property line.

5.

Industrial wastes of a quantity or of an unsafe nature that may overburden the public sewage disposal facilities or cause odors or unsanitary effects beyond the property line.

(4)

Height and area regulations. In district M-2, the height of buildings, and the minimum dimension of lots and yards shall be as follows:

a.

Height. Buildings shall not exceed 50 feet. Structures shall not exceed 120 feet in height.

b.

Front yard. The minimum front yard dimension shall be 30 feet, except where a lot abuts a federal or state highway, the minimum setback shall be 60 feet.

c.

Side yard. The minimum side yard dimension shall be 20 feet; 30 feet for a corner lot, and 15 feet for an accessory building.

d.

Rear yard. The minimum rear yard dimension shall be 20 feet and ten feet for an accessory building.

(Ord. No. 1874, § 21, 6-13-1983)

(a)

Use regulations.

(1)

A planned district shall be for the purpose of permitting and regulating the zoning districts previously cited in this chapter, and shall provide latitude and flexibility in location of buildings, structures, open spaces, play areas, roads, drives, variations in setback and yard requirements. The planning commission shall consider each plan and make its recommendations to the city council, which shall then make a determination as to the approval of the plan.

(2)

Land may be zoned as district P (planned districts) by the city council on its own motion, whenever it is felt that such land would be better developed or fulfill the intent of the city's comprehensive plan. The owner or developer of such land designated as a district P (planned district) by the city council shall submit a site development plan to the planning commission which must be considered by the commission and recommendation made to the city council before the land may be developed.

(3)

The proponents of a rezoning application on land determined by the owner or city council to be better developed as a planned development shall prepare and submit to the planning commission, for the purpose of rezoning or developing a tract, a development plan with the following elements.

(4)

Land may be zoned under this planned district classification R-P-1 through M-P-2 inclusive, subject to the submission of the overall development plan to the planning commission for a recommendation and report to the city council, and approval of such development by the city council. The development plan as approved shall be entered in the records of the commission, city council, and the planning officer. Conformance to the plan shall be mandatory, unless a change in the development plan is approved by the city council upon recommendation of the planning commission.

(b)

Development plan elements; residential planned districts.

(1)

Existing data. Drawn at a scale of not less than one inch equals 100 feet.

a.

The boundaries of the area to be rezoned and the development of property adjacent to the area and within 300 feet thereof.

b.

The existing topography in intervals no greater than five feet.

c.

A plat giving full legal description of the boundaries of the property.

(2)

Proposed plan map. Drawn at a scale of not less than one inch equals 100 feet.

a.

Proposed location, arrangement, and type of buildings or structures, parking areas, streets, drives, open spaces and other reasonable information required by the planning commission.

b.

The use, parking, density, and height requirements shall be as permitted in the equivalent district. In the interest of efficient land development and utilization, the city council may permit variances of the following standards:

1.

Setbacks from public street may be reduced by 75 percent.

2.

Setbacks from property line of project may be reduced by 85 percent.

3.

Side yards which project between buildings to zero.

4.

Lot sizes, for residential districts, such as required frontage and area may be reduced by 40 percent, provided that the density of the district is not changed.

(c)

Development plan elements; commercial and industrial districts.

(1)

Existing data. Drawn at a scale of not less than one inch equals 200 feet.

a.

The boundaries of the area to be rezoned and the development of property adjacent to the area and within 300 feet thereof.

b.

The existing topography in intervals no greater than five feet.

c.

A plat giving full legal description of the boundaries of the property.

(2)

Proposed plan map. Drawn at a scale of not less than one inch equals 100 feet indicating the following:

a.

Road dedications.

b.

Building and structure setbacks.

c.

Areas of outdoor storage of materials, products and equipment and proposed screening.

d.

Vehicular ingress and egress to the site.

e.

Stormwater runoff control.

(3)

Plan narrative. planned districts for industrial and commercial developments may be submitted in a narrative form, using the plan map to indicate locations of areas described in the narrative.

(4)

Use. the uses, height, area and parking requirements in any commercial and industrial planned district shall be as permitted in the equivalent district.

(Ord. No. 1874, § 22, 6-13-1983)

(a)

The mining underground of mineral resources and the subsequent use of excavated spaces may be zoned separately and differently from the zoning district that exists on the surface. Unless specifically stated on the zoning map, the underground zoning shall be deemed to be the same as the surface zoning. Access to all underground uses shall be by means only of compatible zoned lands.

(b)

All regulations of the specified underground district shall apply with the exception of height and yard regulations.

(Ord. No. 1874, § 23, 6-13-1983)

(a)

Purpose. The conservation overlay district is designed to promote and protect the following:

(1)

Areas of historical value;

(2)

Natural and scenic features;

(3)

Natural habitats of wildlife;

(4)

Areas of public interest from the standpoint of steep hillsides, gullies, wooded areas and bottom lands which have a bearing upon stormwater runoff, flooding, and the erosion of soil;

(5)

Undermined areas with load bearing capacity of questionable integrity.

(b)

Permitted uses. Structures for residential or other purposes shall be permitted only upon recommendation of the planning commission and approval of city council. Also, the grazing of livestock or the cultivation of crops shall be permitted only upon recommendation of the planning commission and approval of city council.

(c)

Performance standards. Alteration of existing structures or buildings shall be permitted only upon recommendation of the planning commission and approval of city council. Also, removal of trees or any alteration of the landscape shall be permitted only upon recommendation of planning commission and approval of city council.

(d)

Designation. The conservation district or designation may be used as an overlay classification to any zoning district, A through M-2, and conformance to the regulations of the conservation district shall be mandatory.

(e)

Criteria. A landowner can be prohibited from making a change on his land if the city can prove that the change will cause irreversible harm to the health, welfare, and safety of the community or any of its facilities. Also, a known, verifiable, and documented historical site or building can be designated as conservation district.

(Ord. No. 1874, § 24, 6-13-1983)

(a)

The purpose of this division is to promote the public health, safety and general welfare and to minimize public and private losses due to periodic inundation of flood hazard areas of the city. The basis for determining flood hazard areas is as provided in the city's floodplain regulations as set forth in this division.

(b)

In OZ-1, all requirements shall apply for each district as appropriate within the overlay with the exceptions or additions provided in this division.

(Ord. No. 1874, § 25a, 6-13-1983)

(a)

Permitted uses: Same as section 48-39(1).

(b)

Height regulations: Same as section 48-39(3).

(c)

Landscaping and screening: Same as article IX of this chapter with the exception that no fence or wall may be placed within any minimum required front or street side yard.

(d)

Minimum yard requirements: Same as section 48-39(3).

(e)

Area requirements: Same as section 48-39(3).

(f)

Off-street parking and loading requirements: Same as article VI of this chapter.

(g)

On-premises advertising sign regulations: Same as section 48-216 with the exception that no freestanding signs shall be permitted unless they are ground or monument signs as defined in section 48-216. The use of back lighted signs illuminating only the text, graphic or logo are required. The incorporation of the sign structure into landscape areas, and the use of materials for the sign structure that are the same, similar or complementary to the building design are required.

(h)

Off-premises advertising signs: Off-premises advertising signs are not permitted in District OZ-1.

(Ord. No. 1874, § 25a, 6-13-1983)

(a)

Permitted uses: Same as sections 48-40 through 48-44.

(b)

Height regulations: Same as sections 48-40 through 48-44.

(c)

Landscaping and screening: Same as section article IX of this chapter except that a minimum of ten percent common landscaped open space, exclusive of required minimum yards, is required in R-3 and R-4 zoning districts, and for permitted nonresidential uses in residential districts.

(d)

Minimum yard requirements: Same as sections 48-40 through 48-44 with the following exceptions:

(1)

The minimum building setback form M-291 shall be 100 feet for all uses permitted in residential districts.

(2)

The minimum building setback from a collector or arterial street frontage shall be 50 feet.

(e)

Area requirements: Same as sections 48-40 through 48-44.

(f)

Off-street parking and loading requirements: Same as article VI of this chapter.

(g)

On-premises advertising sign regulations: Same as section 48-216 with the exception that no freestanding signs shall be permitted unless they are ground or monument signs as defined in section 48-216. The use of back lighted signs illuminating only the text, graphic or logo are required. The incorporation of the sign structure into landscape areas, and the use of materials for the sign structure that are the same, similar or complementary to the building design are required.

(h)

Off-premises advertising signs: Off-premises advertising signs are not permitted in District OZ-1.

(Ord. No. 1874, § 25a(B), 6-13-1983)

(a)

Permitted uses: Same as sections 48-45, 48-46, 48-47, 48-48, 48-49 and 48-50.

(b)

Height regulations: Same as sections 48-45, 48-46, 48-47, 48-48, 48-49 and 48-50 with the following exceptions:

(1)

When a commercial district abuts a residential district, maximum building height shall be 35 feet. Heights in excess of 35 feet are permitted only if the minimum yards abutting a residential district are increased two feet for each additional one foot of building height.

(2)

Height regulations may be waived at time of review.

(c)

Landscaping and screening: Same as article IX of this chapter with the following exceptions:

(1)

Landscaped open space: A minimum of 20 percent of the area within 20 feet of the perimeter of all buildings shall be landscaped. All landscaped open space shall be provided with and in-ground irrigation system.

(2)

Decorative iron or masonry security fencing and gatehouses may be permitted for residential and nonresidential developments.

(3)

When permitted, gatehouse structures shall be of the same architectural style and materials as the primary buildings on the lot.

(4)

When permitted, no gatehouse or fence shall be located within any minimum required yards. On lots less than ten acres in size, a gatehouse or fence may be permitted within the portions of rear or interior side yards that lie adjacent to or beyond the rear or side of the primary building on the lot.

(5)

Outdoor vehicle storage areas shall be shielded from view of any major street or residential district with solid walls or solid fences at least six feet in height, with access from the street only through solid gates which shall be closed, except when in use. Such walls or fences shall be located in accordance with section 48-147 and article IX of this chapter.

(d)

Minimum yard requirements: Same as sections 48-45, 48-46, 48-47, 48-48, 48-49 and 48-50 with the following exceptions:

(1)

Such required minimum yards shall be landscaped open space as defined in article IX of this chapter with the only pavement area allowed being for ingress and egress points.

(2)

Parking stalls, maneuvering aisles and other vehicle display or storage areas may not be located on required minimum yards.

(3)

No loading area, trash storage, utility equipment, accessory building, or any other structure shall be permitted within the minimum required yards.

(4)

Free-standing signs may be permitted in required yards that abut a city street right-of-way according to criteria specified in the on-premises advertising regulations of this section.

(5)

The minimum building setback from all public street frontage shall be 50 feet.

(6)

The minimum building setback from abutting residential districts shall be 50 feet.

(7)

The minimum building setback from M-291 shall be 50 feet for all commercial uses except retail commercial uses which shall be 35 feet.

(e)

Area requirements: Same as sections 48-45, 48-46, 48-47, 48-48, 48-49 and 48-50.

(f)

Off-street parking and loading requirements: Same as article VI of this chapter with the exceptions that follow:

(1)

Loading areas are to be located in the side or rear of buildings and shall be screened from view from public right-of-way and adjoining lot per criteria outlined in article IX of this chapter.

(2)

When nonresidential use is adjacent to a residential use or park, the service docks, shall be enclosed within the primary building structure or located under the roof edge of the building.

(3)

No delivery vehicles, truck tractors or trailers, or temporary storage vehicles shall be permitted to remain on-site longer than 24 hours before or after loading or unloading, unless parked at the loading dock.

(g)

On-premises advertising sign regulations: Same as section 48-216 with the following exceptions:

(1)

In all commercial districts, each lot shall be permitted one freestanding sign and one wall (building facade) sign per sign face only according to criteria specified in this section. This limitation includes any shopping centers, office parks or development adjacent to a divided arterial street.

(2)

The following signs, as defined in section 48-216, are not permitted: animated, directional/informational, electronic message center, flashing, portable, projecting, or roof sign.

(3)

No freestanding signs shall be permitted unless they are ground or monument signs as defined in section 48-216.

(4)

Height of freestanding signs shall be limited according to distance from the lot line adjoining a public city roadway that serves as the primary point (maximum percentage of peak hour ingress and egress) of direct access to the lot at a rate of one foot of height at that point for each foot of distance from the lot line to a maximum height of 15 feet.

(5)

Maximum area of freestanding signs shall be limited to one square foot of sign area for each linear foot of adjoining city street frontage up to a maximum area of 50 square feet per sign face with a total of 100 square feet for all faces. the use of back lighted signs illuminating only the text, graphic or logo are required. The incorporation of the sign structure into landscape areas, and the use of materials for the sign structure that are the same, similar or complementary to the building design are required.

(6)

Shopping centers, as defined in section 48-216, shall be permitted to substitute individual freestanding signs for each business or company with one free standing sign identifying the center or business park or individual tenants. Such signs shall conform to specified criteria identified in section 48-216. An additional monument sign not exceeding 50 square feet in sign face with total sign area not exceeding 100 square feet shall be permitted for an pad sites encompassed by the shopping center lot. Individual businesses of companies in shopping centers, including pad site development, shall, however, be permitted their own wall signs per criteria specified herein.

(h)

Off-premises advertising signs: Off-premises advertising signs are not permitted in district OZ-1.

(Ord. No. 1874, § 25a(C), 6-13-1983)

(a)

Permitted uses: Same as sections 48-51 and 48-52 with the exception that all industrial development shall provide an overall aesthetic quality to protect the environment, and be designed to ensure compatibility between industrial operations therein and the existing activities and character of the surrounding area by complying with the appearance design guidelines contained herein and the following performance standards.

(1)

All uses shall be conducted within a building. No material, product, by-product or waste shall be stored outside of a building.

(2)

Accessory structure or buildings shall not be higher or larger than the main building and shall not be located in front of the main building.

(3)

Rail service shall only be located in an interior side or rear yard.

(4)

All uses shall comply with the noise control regulations at all times without any allowed corrections.

(5)

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

(6)

Smoke and particulate matter emissions shall be regulated by the requirements of the Federal Environmental Protection Agency.

(b)

Permitted by special use permit. The following uses shall only be permitted by special use permit in M-1 and M-2 zoning districts within the OZ-1 district:

(1)

Communication towers.

(2)

Government buildings.

(3)

Transportation, communication and utility installations other than transmission, distribution and serves installations.

(4)

Mini-warehousing, wholesaling, indoor storage, or distribution establishments.

(c)

Prohibited uses. The following uses shall be prohibited in M-1 and M-2 districts in the 291 corridor overlay district:

(1)

Residential.

(2)

Solid waste disposal (landfills).

(3)

Automobile repair and body shops.

(4)

Automobile salvaging facilities.

(5)

Trap and skeet ranges.

(6)

Resource production and extraction visible at or above ground level with exception to processes utilizing methane gas from existing landfills.

(d)

Height restrictions. Same as sections 48-51 and 48-52 with the following exceptions:

(1)

When a manufacturing district abuts a residential district building height shall be 35 feet. Heights in excess of 35 feet are permitted only if the minimum yards are increased two feet for each additional one foot of building height.

(2)

Height regulations may be waived at the time of review.

(e)

Landscaping and screening. Same as article IX of this chapter with the following exceptions:

(1)

Landscaped open space: A minimum of 40 percent of the total lot area shall be landscaped open space. All landscaped open space shall be provided with an in-ground irrigation system.

(2)

No gatehouses or fence shall be located within any minimum required yards. On lots less than ten acres in size, a gatehouse or fence may be permitted within the portions of rear or interior side yards that lie adjacent to, or beyond the rear or side of the primary building on the lot.

(3)

Outdoor vehicle storage areas shall be shielded from view of any major street or residential district with solid walls or solid fences at least six feet in height, with access from the street only through solid gates which shall be closed, except when in use. Such walls or fences shall be located in accordance with section 48-147 and article IX of this chapter.

(f)

Minimum yard requirements. Same as sections 48-51 and 48-52 with the following exceptions:

(1)

Such required minimum yards shall be landscaped open space with the only pavement area allowed being for ingress and egress.

(2)

No loading area, trash storage, utility equipment, accessory building, or any other structure shall be permitted within the minimum required yards.

(3)

Freestanding signs may be permitted in required yards that abut city street right-of-way according to criteria specified in section 48-216.

(4)

The minimum building setback from all public street frontage shall be 50 feet.

(5)

The minimum building setback from abutting residential districts shall be 50 feet.

(6)

The minimum building setback form M-291 shall be 50 feet.

(g)

Off-street parking and loading requirements. Same as article VI of this chapter, with the following exceptions:

(1)

Loading areas are to be located in the side or rear of the buildings and shall be screened from view for public rights-of-way and any adjoining lot per criteria outlined in article IX of this chapter.

(2)

A special use permit may be granted to allow loading to be located in the front of buildings when such areas are screened from view from public rights-of-way and any adjoining lot per criteria outlined in article IX of this chapter.

(3)

When adjacent to a residential use or park, the service docks shall be enclosed within the primary building structure or located under the roof edge of the building.

(h)

On-premises advertising sign regulations. Same as section 48-216, with the following exceptions:

(1)

In industrial districts each lot shall be permitted one freestanding sign and one wall (building facade) sign per façade only according to criteria specified in this Section. This limitation includes any shopping centers, office parks or development adjacent to a divided arterial street.

(2)

Requests for special sign permits shall not be considered.

(3)

The following signs, as defined in section 48-216, are not permitted: animated, directional/informational, electronic message center, flashing, portable, projecting, or roof signs.

(4)

No freestanding signs shall be permitted unless they are ground or monument signs as defined in section 48-216.

(5)

Height of freestanding signs shall be limited according to distance from the lot line adjoining a public city roadway that serves as the primary point (maximum percentage of peak hour ingress and egress) of direct access to the lot at a rate of one foot of height at that point for each foot of distance from the lot line to a maximum height of 15 feet.

(6)

Maximum area of freestanding signs shall be limited to one square foot of sign area for each linear foot of adjoining city street frontage up to a maximum area of 50 square feet per sign face with a total of 100 square feet for all faces. The use of back lighted signs illuminating only the text, graphic or logo are required. The incorporation of the sign structure into landscape areas, and the use of materials for the sign structure that are the same, similar or complementary to the building design are required.

(i)

Shopping centers.

(1)

The landscape open space requirement for required yard areas in a shopping center shall apply to the yard area on the boundaries of the shopping center development. interior shopping center lots or the rear of outlets abutting a private interior vehicular circulation system or parking area shall comply with the article IX of this chapter setbacks for parking lot perimeters. All building setback requirements shall be the same as required herein.

(2)

The service areas, loading docks, trash enclosures and ground located mechanical equipment shall be located within the building or within a covered architecturally designed screening enclosure for all buildings located within the interior of a shopping center.

(3)

Roof top mechanical equipment shall be screened from all adjacent property. Such screening shall be architecturally compatible with the design of the building constructed with materials that are visually similar in color and texture to the materials used on the building, and the top of the mechanical equipment shall be screened when the structure is visible form adjacent higher elevations.

(j)

Off-premises advertising signs. Off-premises advertising signs are not permitted in district OZ-1.

(Ord. No. 1874, § 25a(D), 6-13-1983)

Every application for a building permit for nonresidential structures on a lot in the OZ-1 district shall be subject to the following additional administrative review requirements:

(1)

A set of plans showing elevations, detail drawings and material and color specifications relating to the outward appearance of the building shall be submitted along with the building permit application.

(2)

Plans shall be reviewed by the planning/community development manager, the building official and the planning commission. Recommendations for approval, approval with modifications, or denial will be made by the planning commission to the city council. The city council will provide final review and approval of the plans before the appropriate permits may be granted.

(3)

The application shall be refused if the city council determines that the proposed structure will constitute an unsightly, grotesque or unsuitable structure in appearance, detrimental to the welfare of surrounding property or residents. Staff will make recommendations for conformance regarding the applications.

(4)

If refused, the applicant may revise the application per staff comments and resubmit to seek clearance to continue with the normal building permit administrative process.

(Ord. No. 1874, § 25a(F), 6-13-1983)

(a)

Applicability. All nonresidential building structures in the OZ-1 district shall conform to the following exterior appearance and design standards.

(b)

Building design. The following standards and criteria for nonresidential buildings shall be used in the building appearance review process described section 48-89.

(1)

The overall design and site plan should enhance the streetscape and take into account the view corridor along the street as well as the opportunity for pedestrian interaction as the street level.

(2)

Site planning in which setbacks and yards are in excess of zoning regulation restrictions is encouraged to provide an interesting relationship between buildings.

(3)

Not more than one architectural style shall be used on a building. Any adornments shall be appropriately sized and placed.

(4)

All building walls visible from adjacent public right-of-way shall have design variety which may include windows, doors or other openings with such elements representing a minimum of 30 percent of the surface area of the building wall. Building entrances should be identifiable and directly accessible for a public sidewalk or walkway.

(5)

Building components such as windows, doors, eaves and parapet walls shall be in good proportion, relate to one another and be spaced along the entire facade.

(6)

Roof-mounted utilities and mechanical equipment shall be screened form view from any point at the perimeter of the lot by roof design, parapet walls, fencing, or other screening method.

(c)

Materials, colors and finishes. The following standards and criteria for nonresidential buildings shall be used in the building appearance review process described in section 48-89:

(1)

No buildings with metal facades shall be permitted.

(2)

All exterior building materials shall be appropriate to the architectural style of the building, consider the context of the existing built environment, exhibit good architectural character and design, and have an architectural finish.

(3)

No more than four distinct materials (not including glass) shall be used on any wall surface. The materials used shall be compatible in design and use.

(4)

All colors shall be complementary to one another taking into consideration other properties in the development, the surrounding properties, and the natural environment in the general area.

(5)

All sides of the buildings should exhibit design, color and material continuity. Side and rear walls not visible for public rights-of-way, when not of the same material as the front wall, shall be painted to have an appearance that matches the front wall of the building.

(Ord. No. 1874, § 25a(G), 6-13-1983)

Prior to issuance of a building permit, development plan approval shall be obtained as provided for in this zoning district. Approval of the development plan shall be by the city council upon recommendation of the planning commission. The following is required:

(1)

All development shall be connected to the public sewer system or approved interim facility.

(2)

All trash receptacles shall be screened.

(3)

The development plan shall contain method of water wellhead protection consistent with the Independence Water Department Wellhead Protection Plan of 1999, if applicable.

(4)

There shall be no underground storage of gasoline or petroleum fuels in the City of Independence Water District Wellhead Protection Area.

(5)

Fertilizers and herbicides shall be used only with city approval.

(Ord. No. 1874, § 25a(H), 6-13-1983)

The development plan shall include the following:

(1)

Site plan.

a.

Building and structure location.

b.

Grading plan.

c.

Flood protection.

d.

Stormwater discharge plan.

e.

Parking and loading facilities.

f.

Landscaping plan.

(2)

Signage plan.

(3)

Lighting plan.

(4)

Full architectural and engineering plans.

(5)

Wellhead protection plan consistent with the Independence Wellhead Protection Plan of 1999.

(Ord. No. 1874, § 25a(I), 6-13-1983)