(a)

Scope and purpose. The provisions of this section applies to the R-10 district. The purpose of the R-10 Single Family Residential zoning district shall be to designate and establish areas within the city which are deemed to be uniquely appropriate for the development and maintenance of low density residential neighborhoods with ample open space and outdoor living areas; to designate those uses and services deemed appropriate and proper for location and development within said zoning district; and to establish such development standards and provisions as are appropriate to ensure a proper and desirable low density residential environment.

(b)

Permitted uses. Land and buildings within a R-10 Single Family Residential zoning district shall be used only for the following purposes:

(1)

Dwelling, single-family.

(2)

Building or use owned or operated by the city, including schools, libraries, museums, art galleries, community buildings, parks, playgrounds, picnic areas, swimming pools or other recreational uses, or utility structures or stations owned or operated by the city, including transmission lines, poles, guy wires, pipelines as are necessary for the installation and maintenance of utility service.

(3)

Residential and related health care facility, except the following such facilities listed below, consistent with state law. See section 12-241 for additional requirements.

a.

Assisted living facility (ALF) with greater than five (5) residents.

b.

Adult day care center.

c.

Community residential homes (CRH) with greater than six (6) residents.

d.

Transitional living facilities.

(c)

Conditional uses. Land and buildings within an R-10 Single Family Residential zoning district may be used for the following purposes upon review and approval of the city council and in accordance with sections 12-241, 12-259, 12-377, and 12-379 (if the criteria for section 12-377 are exceeded):

(1)

Church, synagogue, other place of worship or church school.

(2)

College or university.

(3)

Golf course (regulation size) and related buildings, structures, recreation uses, and service uses.

(4)

Publicly owned or operated building or use, except buildings or uses owned or operated by the city, including schools, libraries, museums, art galleries, community buildings, parks, playgrounds, picnic areas, swimming pools or other public recreation uses.

(5)

Public utility structure or station, except any such structure or station owned or operated by the city, including transmission lines, poles, guy wires, and pipelines as are necessary for the installation and maintenance of approved utility services.

(6)

School (private or parochial) offering a curriculum substantially equivalent to that of a public school with comparable grades and meeting the requirements of the state department of education.

(7)

Recreational use for youths and for adults, operated and maintained by a not-for-profit organization and open to the general public; provided, however, that recreational uses, owned, operated or maintained by the city shall not require special approval.

(Code 2001, § 25.530.1; Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose. The provisions of this section applies to the R-9 district. The purpose of the R-9 Single Family Residential zoning district shall be to designate and establish areas within the city which are deemed to be uniquely appropriate for the development and maintenance of a low density residential neighborhood with ample open space and outdoor living areas; to designate those uses and services deemed appropriate and proper for location and development within said zoning districts; to establish such development standards and provisions as are appropriate to ensure a proper and desirable low density residential environment; and to allow for development of areas which, because of their drainage problems, must be developed with lots of less than one hundred (100) feet at the property line.

(b)

Permitted uses. Land and buildings within a R-9 Single Family Residential zoning district shall be used only for the following purposes:

(1)

Dwelling, single-family.

(2)

Building or use owned or operated by the city, including schools, libraries, museums, art galleries, community buildings, parks, playgrounds, picnic areas, swimming pools or other recreational uses, or utility structures or stations owned or operated by the city, including transmission lines, poles, guy wires, pipelines as are necessary for the installation and maintenance of utility service.

(3)

Residential and related health care facility, except the following such facilities listed below, consistent with state law. See section 12-241 for additional requirements.

a.

Assisted living facility (ALF) with greater than five (5) residents.

b.

Adult day care center.

c.

Community residential homes (CRH) with greater than six (6) residents.

d.

Transitional living facilities.

(c)

Conditional uses. In addition to those uses requiring conditional use approval in the R-10 zoning district, pursuant to section 12-225(c), golf driving ranges and nonregulation size golf courses are also permissible by conditional use approval in the R-9 zoning district in accordance with sections 12-241, 12-259, 12-377, and 12-379 (if the criteria for section 12-377 are exceeded).

Golf driving range. Each proposed golf driving range shall meet, in addition to applicable development standards found elsewhere in the land development code, the following specific requirements:

(1)

Minimum lot size: Three hundred thousand (300,000) square feet.

(2)

Minimum parcel width at front property line: Four hundred (400) feet.

(3)

Maximum light trespass on adjacent residential properties: Twenty-hundredths (0.20) candle power at the property line.

(4)

Maximum height of luminaries: Thirty-five (35) feet.

(5)

Minimum parking standards: One and one-half (1½) spaces per driving lane.

(6)

Minimum distance from abutting single-family residentially zoned properties or closest public thoroughfare right-of-way (on the sides): Three hundred (300) feet.

(7)

Fence or net height along range perimeter: Thirty-five (35) feet.

(8)

Operating hours: limited to 8:00 a.m. to 9:00 p.m.

(9)

Buffering requirements of section 12-1050(b) shall apply.

(10)

No loudspeakers or other sound amplifying devices shall be permitted. (Ord. No. 854, 12-7-1993)

(Code 2001, § 25.530.2; Ord. No. 854, 12-7-1993; Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose. The provisions of this section applies to the R-7.5 district. The purpose of the R-7.5 Single Family Residential zoning district shall be to designate and establish areas within the city which are deemed to be uniquely appropriate for the development and maintenance of medium density residential neighborhoods with ample open space and outdoor living areas, to designate those uses and services deemed appropriate and proper for location and development within said zoning district, and to establish such development standards and provisions as are appropriate to ensure a proper and desirable medium density residential environment.

(b)

Permitted uses. Land and buildings within a R-7.5 Single Family Residential zoning district shall be used only for the following purposes:

(1)

Dwelling, single-family.

(2)

Building or use owned or operated by the city, including schools, libraries, museums, art galleries, community buildings, parks, playgrounds, picnic areas, swimming pools or other recreational uses; or utility structures or stations owned or operated by the city, including transmission lines, poles, guy wires, pipelines as are necessary for the installation and maintenance of utility service.

(3)

Residential and related health care facility, except the following such facilities listed below, consistent with state law. See section 12-241 for additional requirements.

a.

Assisted living facility (ALF) with greater than five (5) residents.

b.

Adult day care center.

c.

Community residential homes (CRH) with greater than six (6) residents.

d.

Transitional living facilities.

(c)

Conditional uses. In addition to those uses requiring conditional use approval in the R-10 and R-9 zoning districts, pursuant to sections 12-225(c) and 12-226(c), land and buildings within an R-7.5 zoning district may be used for the following purposed upon review and approval of the city council in accordance with sections 12-241, 12-259, 12-377, and 12-379 (if the criteria for section 12-377 are exceeded):

Child care facility (center). Each proposed child care facility (center) shall submit, together with its application for special approval of use, a site plan including the following information:

(1)

General location of principal structures and uses, including play areas, open spaces, paved areas and driveways, sidewalks, buffers and protective walls and fences;

(2)

Description of the location of fencing, identification signs and special landscaping;

(3)

Maximum number of children and age range;

(4)

Boundary lines of property, including dimensions; and

(5)

Evidence of compliance with applicable state regulations.

(Code 2001, § 25.530.3; Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose. The provisions of this section applies to the R-7 district. The purpose of the R-7 Single Family Residential zoning district shall be to designate and establish areas within the city which are deemed to be uniquely appropriate for the development and maintenance of medium density residential neighborhoods with ample open space and outdoor living areas, to designate those uses and services deemed appropriate and proper for location and development within said zoning district; and to establish such development standards and provisions as are appropriate to ensure a proper and desirable medium density residential environment.

(b)

Permitted uses. Land and buildings within a R-7 Single Family Residential zoning district shall be used only for the following purposes:

(1)

Dwelling, single-family.

(2)

Building or use owned or operated by the city, including schools, libraries, museums, art galleries, community buildings, parks, playgrounds, picnic areas, swimming pools or other recreational uses; or utility structures or stations owned or operated by the city, including transmission lines, poles, guy wires, pipelines as are necessary for the installation and maintenance of utility service.

(3)

Residential and related health care facility, except the following such facilities listed below, consistent with state law. See section 12-241 for additional requirements.

a.

Assisted living facility (ALF) with greater than five (5) residents.

b.

Adult day care center.

c.

Community residential homes (CRH) with greater than six (6) residents.

d.

Transitional living facilities.

(c)

Conditional uses. Land and buildings within a R-7 zoning district may be used for those uses requiring conditional use approval in the R-10, R-9, and R-7.5 zoning districts, pursuant to sections 12-225(c), 12-226(c), and 12-227(c) upon review and approval of the city council and in accordance with sections 12-241, 12-259, 12-377, and 12-379 (if the criteria for section 12-377 are exceeded).

(Code 2001, § 25.530.4; Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose. The provisions of this section applies to the R-MF district. The purpose of the R-MF Multi-Family Residential zoning district shall be to designate and establish areas with the city which are deemed to be uniquely appropriate for the development and maintenance of medium density residential neighborhoods properly served by adequate community facilities and commercial service areas; to designate those uses and services deemed appropriate and proper for location and development within said zoning district; and to establish such development standards and provisions as are appropriate to ensure a proper and desirable medium density residential environment.

(b)

Permitted uses. Land and buildings within a R-MF Multi-Family Residential zoning district shall be used for the following purposes:

(1)

Multifamily dwelling.

(2)

Publicly owned or operated building or use, including schools, libraries, museums, art galleries, community buildings, parks, playgrounds, picnic areas, swimming pools or other recreational uses.

(3)

Public utility structure or station, including transmission lines, poles, guy wires, pipelines as are necessary for the installation and maintenance of utility service.

(4)

College or university.

(5)

Church, synagogue, other place of worship, or church school.

(6)

Nursery school or kindergarten.

(7)

School (private or parochial), offering a curriculum substantially equivalent to that of a public school with comparable grades and meeting the requirements of the state department of education.

(8)

Townhouses.

(9)

Recreational use for youths and for adults, operated and maintained by a not-for-profit organization and open to the general public.

(10)

All residential and related health care facility, except for the following such facilities listed below, consistent with state law. See section 12-241 for additional requirements.

a.

Community residential home (CRH) ≥15 residents)

b.

Transitional living facility.

(c)

Conditional uses. The following uses shall be allowed after review and approval by city council:

(1)

Community residential home (CRH) (≥15 residents) and transitional living facility may be allowed as conditional uses in the R-MF zoning district, but no other such residential and related health care facilities are allowed as a conditional use in the R-MF zoning district, consistent with state law. See section 12-259 for additional requirements.

(Code 2001, § 25.530.5; Ord. No. 1420, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose. The provisions of this section apply to the R-MFA district. The purpose of the R-MFA Alternate Multi-Family Residential zoning district shall be to designate and establish areas within the city which are deemed to be uniquely appropriate for the development and maintenance of multifamily residential housing properly served by adequate community facilities, recreational amenities and commercial service areas and to provide additional flexibility in the development of said areas beyond that which is currently available in the R-MF Multi-Family Residential zoning district; to designate those uses and services deemed appropriate and proper for location and development within said zoning district; and to establish such development standards and provisions as are appropriate to ensure a proper and desirable multifamily residential environment.

(b)

Permitted uses. Land and buildings within a R-MFA Alternate Multi-Family Residential zoning district shall be used for the following purposes:

(1)

Hotel or motel.

(2)

Hotel/restaurant complex or motel/restaurant complex, subject to the following limitations and restrictions:

Such complexes, whether under single ownership or with separate ownership of the hotel or motel and the restaurant components, may be developed only pursuant to a single, unified general site development plan; provided, however, no restaurant may be approved as part of a hotel/restaurant complex or as part of a motel/restaurant complex unless said restaurant has a minimum of two thousand five hundred (2,500) square feet of service area, and is equipped to provide full table service of meals to a minimum of one hundred fifty (150) persons at tables at one time.

(3)

Mobile or manufactured home park. (Ord. No. 877, 8-2-1994)

(4)

All residential and related health care facility, except for the following such facilities listed below, consistent with state law. See section 12-241 for additional requirements.

a.

Community residential home (CRH) (≥15 residents)

b.

Transitional living facility.

(c)

Conditional uses. The following uses shall be allowed after review and approval by city council:

(1)

Community residential home (CRH) (≥15 residents) and transitional living facility may be allowed as conditional uses in the R-MFA zoning district, but no other such residential and related health care facilities are allowed as a conditional use in the R-MFA zoning district, consistent with state law. See section 12-259 for additional requirements.

(Code 2001, § 25.530.6; Ord. No. 877, 8-2-1994; Ord. No. 1420, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose. The provisions of this section apply to the PD-R district. The purpose of the PD-R, Planned Development Residential zoning district is to permit the following, at the discretion of city council:

(1)

Single-family residential dwellings in appropriate infill areas of the city. No more than three (3) abutting single-family residential dwellings may be requested by an applicant pursuant to the district's regulations. The characteristics of the adjacent lots, including across the street from the site, shall be considered in creating new infill residential lots in the area. For infill residential lots that do not require a plat or replat, a site plan, including the boundaries, easements, existing and proposed principal and accessory structure setbacks, etc., on the property involved and a boundary survey or sketch, shall be considered and satisfy the requirements for a final site plan for the PD-R rezoning application.

(2)

All residential and related health care facilities, except the following such facilities listed below, consistent with state law. See section 12-241 for additional requirements.

a.

Assisted living facility (ALF) with greater than five (5) residents.

b.

Community residential homes (CRH) with greater than six (6) residents.

c.

Transitional living facilities.

d.

Other such facilities that are not permitted in the adjacent zoning districts next to the site proposed to be changed to PD-R zoning district consist with state law.

(b)

Approval of the PD-R zoning district. City council shall consider any request for a PD-R zoning in accordance with the provisions provided in section 12-193. The drawings described herein, representations made by the applicant during the public hearing when the zoning is considered, and any conditions imposed on the development by city council, shall become part of the zoning and shall run with the land. Development of the subject property shall be in strict compliance with the approval of the PD-R zoning. (Ord. No. 754, 9-17-1990, Scrivener's Error correction 11-22-2006)

(Code 2001, § 25.530.7; Ord. No. 754, 9-17-1990, Scrivener's Error correction 11-22-2006; Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose. The provisions of this section applies to the E-I district. The purpose of the E-I, Educational Institutional zoning district shall be to locate and designate areas within the city that are uniquely suited for the grouping and development of public and quasi-public educational and institutional uses to serve the residents of the city and surrounding areas; to designate such uses as appropriate for development within said zoning district; and to set forth such development standards and provisions as proper and necessary to ensure the proper development and functioning of uses within said zoning district.

(b)

Permitted uses. Land and buildings within an E-I, Educational Institutional zoning district shall be used only for the following purposes:

(1)

Schools, including:

a.

Public and private elementary, junior high, and high schools, including general education and vocational/technical schools, and related auxiliary and support facilities and uses, including, but not limited to, power plants, gymnasiums and other outdoor sports and recreational facilities.

b.

Higher educational institutions, including junior colleges, colleges and universities, and related and support auxiliary facilities and uses, including, but not limited to, libraries, gymnasiums and other outdoor sports and recreational facilities, maintenance facilities, food and eating facilities, dormitories and other living quarters, including manufactured homes and/or mobile homes, and laundries. (Ord. No. 877, 8-2-1994)

(2)

Hospitals (but not animal hospitals), health services designed primarily for in-patient care, and related auxiliary and support facilities and uses, including, but not limited to, power plants, offices, recreational facilities, and personal care and separate detached clinics.

(3)

All residential and related health care facilities, including health services designed primarily for in-patient care, and related auxiliary and support facilities and uses, including, but not limited to, power plants, offices, recreational facilities, and personal care, consistent with state law. See section 12-241 for additional requirements.

(Code 2001, § 25.530.8; Ord. No. 825, 1-19-1993; Ord. No. 877, 8-2-1994; Ord. No. 1420, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose. The provisions of this section applies to the C-O district. The purpose of the C-O Commercial Office zoning district shall be to locate and designate areas within the city which are suited for the development of uses of an institutional or professional nature to serve the residents of the city and surrounding areas; to designate such uses as appropriate for development within said zoning district; and to set forth such development standards and provisions as proper and necessary to ensure the proper development and functioning of uses within said zoning district.

(b)

Permitted use. Land and buildings within a C-O Commercial Office zoning district shall be used only for the following purposes:

(1)

Church, synagogue, other place of worship or church school.

(2)

Day care center.

(3)

Funeral home or undertaking establishment.

(4)

Medical or dental clinic.

(5)

Office, for administrative, business or professional use.

(6)

Portrait studio.

(7)

Publicly owned or operated building or use; including, but not limited to, schools, libraries, museums, art galleries, community buildings, parks, playgrounds, picnic areas, swimming pools or other public recreational uses.

(8)

Public utility structures or stations, including transmission lines, poles, guy wires, and pipelines as are necessary for the installation and maintenance of approved utility service.

(9)

School (private or parochial), either offering a curriculum substantially equivalent to that of a public school with comparable grades and meeting the requirements of the state department of education or an educational facility or school offering a similar curriculum designed to remediate or supplement educational instruction.

(10)

Single-family dwellings.

(c)

Conditional uses. The following uses may also be permitted within the C-O Commercial Office zoning district, subject to the specific criteria for said uses outlined in subsection (d) of this section and section 12-259 of this Code. Commercial activities legally in operation on the effective date of this article, December 19, 1995, and which are identified as being subject to conditional use approvals, shall be recognized as approved conditional uses and further approvals by the city council are not required.

(1)

Bed and breakfast establishment.

(2)

Conversion of a residential structure to a nonresidential permitted use.

(3)

Personal services, including, but not limited to, barbershops, beauty salons, nail salons and tanning salons.

(4)

Pharmacy.

(5)

Residential use in conjunction with a nonresidential permitted use.

(6)

Veterinarian clinic. (Ord. No. 972, 2-3-1998)

(7)

All residential and related health care facilities, except planned residential community (PRC) and transitional living facility, may be allowed as conditional uses in the C-O zoning district, but no other such residential and related health care facilities are allowed as a conditional use in the C-O zoning district, consistent with state law. See section 12-259 for additional requirements.

(d)

Specific criteria for conditional uses in the C-O Commercial Office zoning district.

(1)

Bed and breakfast establishment:

a.

Pursuant to section 12-377, General Site Development Plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional Uses.

c.

The subject residence, accessory dwelling units and other accessory structures must comply with the regulations of the land development code for a single-family dwelling unit in the city's R-9 residential zoning district.

d.

Parking in excess of that required for a single-family dwelling shall not be located forward of the front building line and may not be required to be paved.

e.

Bed and breakfast establishments shall be allowed no more than five (5) lodging units.

f.

Signage shall be used for identity purposes only. Signage shall be limited to a maximum of four (4) square feet, and non-illuminated.

g.

Activities which are customary and incidental to the function of the bed and breakfast may be permitted.

h.

Must be owner occupied and operated and maintain an affiliation with a bed and breakfast industry registry.

i.

Shall meet applicable state and local regulations.

j.

Such uses shall only be provided in principal structures containing not less than one thousand five hundred (1,500) square feet of gross floor area.

k.

Not more than fifty (50) percent of the gross square footage of the principal structure shall be utilized for the bed and breakfast use. For the purposes of calculating the area of the structure devoted to the bed and breakfast use, only the floor area of the bedroom and bathroom areas utilized by the bed and breakfast guests shall be considered in such calculations.

(2)

Conversion of a residential structure to a nonresidential permitted use, subject to the following provisions:

a.

Pursuant to section 12-377, General Site Development Plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional Uses.

c.

Compliance with all local, state, and federal regulations relevant to building and fire codes.

d.

Additional parking requirements generated by conversion to nonresidential uses may be provided with mulch parking areas rather than concrete or other impervious surface where practical from an engineering design standpoint.

e.

A solid or wood fence buffer is required when the commercial conversion is adjacent to residentially zoned and/or used lands.

f.

A maximum of two (2) commercial uses may occupy a residential structure converted to commercial usage.

(3)

Personal services such as barbershops, beauty salons, nail salons and tanning salons, subject to the following provisions:

a.

Pursuant to section 12-377, General Site Development Plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional Uses.

(4)

Pharmacy, subject to the following provisions:

a.

Pursuant to section 12-377, General Site Development Plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional Uses.

(5)

Residential use in conjunction with a nonresidential permitted use, subject to the following provisions:

a.

Pursuant to section 12-377, General Site Development Plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional Uses.

c.

Occupancy of residential use shall be limited to owner/operator of associated nonresidential use.

d.

Multifamily residential uses are prohibited.

(6)

Veterinarian clinic, subject to the following conditions:

a.

Pursuant to section 12-377, General Site Development Plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional Uses.

c.

All activities shall be carried out within soundproof, air conditioned buildings with no outdoor cages, runs or other outdoor facilities.

d.

There shall be no overnight boarding of animals unless said boarding is necessary in connection with treatment, recovery or for other medical reasons.

e.

Said use shall conform fully to those performance standards listed elsewhere in the Code related to noise and odors. (Ord. No. 972, 2-3-1998)

(7)

Funeral home with accessory crematory (for incineration of human remains only, and only in association with services provided by a funeral home).

a.

Pursuant to section 12-377, General Site Development Plans, site plan review and approval by city council is required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional Uses.

c.

The crematory shall be limited to one incinerator unit.

d.

All cremation activities shall be carried out within the principal structure and may not take place inside any accessory building.

e.

Hours of operation of the crematory shall be limited to 7:00 a.m. to 7:00 p.m.

f.

The crematory incinerator stack shall be set back a minimum of thirty (30) feet from any lot line adjoining residentially zoned property, and shall include a minimum five-foot-wide buffer area along the entire adjoining lot line to include, at a minimum:

1.

Six-foot masonry wall finished on all sides to match the principal structure; and

2.

Evergreen trees a minimum of ten (10) feet in height, planted not more than twenty (20) feet apart, with additional evergreen shrubs, plants, and ground cover to form an eighty (80) percent opaque screen at the time of planting.

g.

The crematory shall be fueled by natural gas if connection is available within five hundred (500) feet of the incinerator site. If such natural gas connection is not available, any fuel storage tank shall be screened with an opaque fence or wall or installed underground.

h.

Crematory operation shall meet all required minimum standards and permitting requirements of local, state, and federal agencies.

i.

Said use shall conform fully to those performance standards listed in section 10-4, Public Nuisances, and elsewhere in this Code related to smoke, noise and odors.

(Code 2001, § 25.530.9; Ord. No. 972, 2-3-1998; Ord. No. 1183, 9-5-2006; Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose. The provisions of this section apply to the C-G district. The purpose of the C-G Commercial General zoning district shall be to locate and designate areas within the city which are suited for the development and operation of general commercial service areas to serve the residents of the city and surrounding areas; to designate such uses as appropriate for development within said zoning district; and to set forth such development standards and provisions as proper and necessary to ensure the proper development and functioning of uses within said zoning district.

(b)

Permitted uses. Land and buildings within a C-G Commercial General zoning district shall be used only for the following purposes:

(1)

All uses, excluding single-family dwellings, permitted under section 12-233, C-O Commercial Office zoning regulations.

(2)

Antique store.

(3)

Apparel and shoe store.

(4)

Appliance stores, including repair, carried on entirely within the building.

(5)

Art supply store.

(6)

Automotive supply store.

(7)

Bakery.

(8)

Bank or financial institution. (Ord. No. 1104, 12-2-2003)

(9)

Barber/beauty salon.

(10)

Bicycle sales.

(11)

Book/stationery store, new and used.

(12)

Camera/photography store.

(13)

Candy store.

(14)

Car rental agencies. (Ord. No. 1079, 10-15-2002)

(15)

Clothing store.

(16)

Clubs or lodges.

(17)

Convenience store.

(18)

Department and discount stores.

(19)

Drugstore.

(20)

Dry cleaners.

(21)

Exterminator.

(22)

Fitness center.

(23)

Florist shop.

(24)

Food catering service.

(25)

Food product store.

(26)

Furniture/home furnishing.

(27)

Gift shop.

(28)

Golf courses excluding driving ranges and/or lighting for night use. (Ord. No. 980, 9-15-1998)

(29)

Hardware store.

(30)

Hobby/toy/craft store.

(31)

Home improvement store.

(32)

Hotel/motel.

(33)

Interior cleaning service.

(34)

Jewelry store, including repairs.

(35)

Lawn/garden/pool supply store.

(36)

Mail order pickup facilities.

(37)

Musical instrument/supply store.

(38)

Newsstand.

(39)

Novelty and souvenir shop.

(40)

Office equipment and supply store.

(41)

Optician/optical supplies.

(42)

Pet grooming and/or supply, not including sale of animals.

(43)

Pet store.

(44)

Pharmacy.

(45)

Quick copy and duplicating service.

(46)

Radio and TV sales.

(47)

Repair shops, other than automotive, provided work is carried out wholly within an enclosed building.

(48)

Restaurants, subject to the following limitations:

a.

Restaurant(s) may not comprise more than twenty-five (25) percent of a retail/office center which contains fifty thousand (50,000) square feet or more of gross leasable space.

b.

Outdoor seating at restaurants and other similar businesses as approved by the city shall be permitted where it can be located and configured to comply with all of the following requirements:

1.

Outdoor seating may be located in an outdoor space controlled by or immediately adjacent to the business providing services; however, outdoor seating may not overlap, obscure, or encroach in any way upon outdoor spaces that are controlled by or immediately adjacent to neighboring businesses or other properties.

2.

Outdoor seating, if located on a walkway or similar common pedestrian path, must provide for direct, unobstructed, pedestrian travel through or around the space along a pathway measuring at least thirty-six (36) inches wide.

3.

Outdoor seating shall be subject to site plan approval by the city that addresses additional items including, but not limited to, buffering, public safety, maintenance, and requirements of the Americans with Disabilities Act.

4.

Outdoor seating spaces must be kept clean, free of litter and debris, and maintained at all times to comply with the requirements of this section, whether occupied or not.

c.

On-premises consumption of alcoholic beverages shall meet all requirements and stipulations contained in chapter 4, Alcoholic Beverages.

(49)

Schools—art, business, dancing, music, dramatic, physical culture, gymnastic, secretarial, martial arts, and other similar type of schools.

(50)

Shoe store or shoe repair shop.

(51)

Sporting goods store.

(52)

Supermarket.

(53)

Theater (indoor).

(54)

Tobacco shop.

(c)

Conditional uses. The following uses may also be permitted within the C-G Commercial General zoning district, subject to the specific criteria for said uses outlined in subsection (d) of this section and section 12-259 of this Code. Commercial activities legally in operation on the date of adoption of this article, December 19, 1995, and which are identified as being subject to conditional use approvals, shall be recognized as approved conditional uses and further approvals by the city council are not required.

(1)

Automobile sales, service and leasing.

(2)

Automobile washing service, manual or mechanical, coin-operated or self-service facilities.

(3)

Bowling alley, billiard hall, or other similar recreation use or place of amusement, assembly or entertainment carried on wholly within an enclosed building.

(4)

Buildings with a maximum height in excess of fifty (50) feet.

(5)

Dry cleaning/laundry establishment, other than pick-up only.

(6)

Furniture refinishing, reupholstery.

(7)

Gas station, without automotive repair but including convenience sales.

(8)

High turnover retail automotive services.

(9)

Landscape nursery.

(10)

Liquor store.

(11)

Lounge.

(12)

Restaurants which comprise more than twenty-five (25) percent of a retail/office center of fifty thousand (50,000) square feet or more or which propose outdoor seating which shall constitute more than twenty (20) percent of the total enclosed seating capacity of the restaurant(s).

(13)

Retail uses other than those delineated above which are determined by the community development director to be similar in nature and/or consistent with the general purpose and intent of the established permitted uses. (Ord. No. 1161, 2-21-2006)

(14)

Service station, with or without convenience sales.

(15)

Veterinarian clinic.

(16)

Communication towers. (Ord. No. 938, 12-17-1996)

(17)

Golf course driving ranges and/or golf course lighting for night use. (Ord. No. 980, 9-15-1998)

(18)

Blood donor center, which is a business primarily engaging in the activity of receiving or taking whole blood, plasma or any component thereof from human donors for consideration. (Ord. No. 1080, 11-5-2002)

(19)

All residential and related health care facilities, except a planned residential community (PRC), may be allowed as conditional uses in the C-G zoning district, but no other such residential and related health care facilities are allowed as a conditional use in the C-G zoning district, consistent with state law. See section 12-259 for additional requirements.

(20)

Tattoo parlor.

(d)

Specific criteria for conditional uses in the C-G Commercial General zoning district.

(1)

Automobile sales, service and leasing, subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Minimum lot area of three (3) acres.

d.

A landscape strip ten (10) feet in width containing a hedge three (3) feet in height, ground cover, and one tree per forty (40) linear feet, shall be maintained along rights-of-way.

e.

All automotive repair activities shall be performed within a completely enclosed building.

f.

All outdoor storage areas for vehicles being repaired shall be shielded by a solid buffer in accordance with the definition thereof contained in this LDC.

g.

All customer and employee parking and vehicle display areas shall be delineated on the site plan. Pavement signage or small signs on vertical posts stating "customer parking" or "employee parking" shall be constructed for each customer and employee parking space and shall be maintained by the owner or lessee. Vehicle display areas are not required to stripe individual parking spaces to allow flexibility in display. Vehicle display shall not encroach at any time into any customer or employee parking area, drive aisles, green space area, or visibility triangle.

h.

All outdoor lighting shall be in conformance with those performance standards related to lighting and glare referenced in section 12-923(8) directional in nature and shall not negatively impact adjoining properties and/or roadways.

(2)

Automobile washing service, manual or mechanical, excluding coin-operated or self service facilities, subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Service shall be confined to the washing, cleaning, waxing and polishing of the exterior surface of passenger vehicles; and to the incidental cleaning and vacuuming of the interior passenger section.

d.

Except for incidental manual drying or polishing, service shall be conducted wholly within an enclosed structure specifically designed for the use and providing for the through movement of vehicles being serviced. Entrances and exits to and from the structure and all interior service areas shall be screened from view from public streets or adjacent private property to the greatest extent possible by means of permanent walls or decorative panels.

e.

The sale of gasoline, operation of oil change/lube service, fluid replacement, and/or wiper replacement as incidental uses shall be permitted, provided that any said sale or operation shall be conducted only in conjunction with the principal washing service and not independently of said service; and further provided that any gasoline pump facilities shall be so located as to be accessible only to vehicles within the entrance driveway to the service structure and that any oil change/lube service, fluid replacement and/or wiper replacement shall be located wholly within an enclosed structure specifically designed for such use. All other types of sales and repairs are expressly prohibited.

f.

Adequate interior seating space shall be provided for customers while service is being performed.

g.

Driveways shall be provided and arranged so as to facilitate the orderly movement of automobiles upon the site and into and from the service structure, and shall have a minimum storage capacity of four (4) vehicles for each interior service lane.

h.

All open areas upon the site, not required and/or specifically designed for driveways or parking, shall be suitably landscaped. (Ord. No. 989, 11-17-1998)

(3)

Bowling alley, billiard hall, or other similar recreation use or place of amusement, assembly or entertainment carried on wholly within an enclosed building, subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

No building or portion of a building (i.e., unit in multi-unit center) utilized for said use shall be closer than two hundred (200) feet from any single residentially zoned or used property.

d.

Serving of alcoholic beverages at such facilities shall be permitted solely in accordance with the provisions and restrictions of chapter 4, Alcoholic Beverages.

e.

Hours of operation for such use shall be limited to 8:00 a.m. to 12:30 a.m.

(4)

Buildings with a maximum height in excess of fifty (50) feet, subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Must be located within a designated central business district, or on property designated with a mixed use land use categories and overlay mixed use categories.

d.

Must have a minimum setback from any single-family residentially zoned or used property equal to the height of structure.

(5)

Dry cleaning/laundry establishment, other than pick up only, subject to the following conditions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Said establishment shall not exceed two thousand (2,000) square feet.

d.

The city shall be satisfied that the ventilation shall exist to assure the dispersion and removal of fumes.

e.

The city shall be satisfied that adequate provisions have been made for the removal of hazardous chemicals and fluids.

f.

A rooftop fume stack shall be required to assure dispersion of fumes and vapors away from adjoining facilities. Steam vent pipes protruding from building walls shall be a minimum of ten (10) feet above the building's first floor elevation.

g.

Any vent pipe shall be directed upward and shall include a suitable muffler system to eliminate noise emissions from any such pipe.

h.

Steam pipes located in the roof shall be clearly marked as dangerous.

i.

No such establishment shall be located closer than twenty-five (25) feet to any single-family residentially zoned or developed property.

j.

Such establishment shall serve no more than two (2) satellite facilities.

(6)

Furniture refinishing, reupholstery, subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

All activities must be performed within an enclosed building.

d.

Fabrication or assembly of new products is prohibited.

e.

Compliance with all local, state and federal laws relevant to the storage of hazardous materials.

(7)

Gas station, without automotive repair but including convenience sales, subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Clearance required.

1.

Gasoline pumps shall be located a minimum distance of twenty (20) feet from any street right-of-way line and a minimum distance of fifteen (15) feet from any property line.

2.

No service station building or gasoline pump shall be located within twenty-five (25) feet of property within a residential zoning district.

d.

Where a side or rear property line abuts a C-O Commercial Office zoning district, or property used and zoned for residential purposes, a solid buffer shall be provided along the entire length of the property line, except that no solid buffer shall be provided along a street right-of-way, except as may otherwise be required in this LDC. Such solid buffer shall be continuous and unbroken, except in the areas of driveways, walkways, and a solid buffer adjacent to an alley may have a three (3) foot opening which shall be closed by a solid gate when the opening is not being used for access.

e.

Display of merchandise. Display and storage of merchandise and accessory products including tires, batteries, oil, and similar products, shall be conducted wholly within an enclosed building; provided that customary accessory service products stored and/or displayed immediately adjacent to the building wall or upon gasoline pump islands during business hours shall be permitted.

f.

All provisions of section 12-959, Standards for drive-up facilities.

g.

Parking requirements for convenience sales element of this use shall be those listed for "retail" uses in section 12-957(5)o.

(8)

High turnover retail automotive services, subject to the following conditions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

No service center building shall be located within one hundred twenty-five (125) feet of property with a residential zoning district.

d.

Where a side or rear property line abuts a C-O Commercial Office zoning district, or property used and zoned for residential purposes, a solid buffer shall be provided along the entire length of the property line, except that no solid buffer shall be provided along a street right-of-way, except as may otherwise be required in this LDC. Such solid buffer shall be continuous and unbroken, except that in the areas of driveways, walkways, and a solid buffer adjacent to an alley may have a three (3) foot opening which shall be closed by a solid gate when the opening is not being used for access.

e.

Display and storage of merchandise and accessory products shall be conducted wholly within an enclosed building.

f.

The service center shall comply with all provisions of section 12-959, Standards for drive-up facilities.

(9)

Landscape nursery, subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

A minimum lot size of one acre shall be required for this use.

d.

"Greenhouse" structures erected in connection with this use shall have a minimum separation distance of fifteen (15) feet, and there shall be a minimum setback of twenty-five (25) feet from any property line.

e.

Any mechanical equipment (tractors, sprayers, etc.) utilized in connection with this use shall be stored only in side or rear yards and shall be screened from view of public rights-of-way by a solid or landscape buffer.

(10)

Liquor store, subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

All requirements and stipulations contained in chapter 4, Alcoholic Beverages.

d.

Drive-thru facilities are prohibited.

(11)

Lounge, subject to the following provisions:

a.

Pursuant to section 12-377, General Site Development Plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional Uses.

c.

All requirements and stipulations contained in chapter 4, Alcoholic Beverages.

(12)

Restaurants which comprise more than twenty-five (25) percent of a retail/office center of fifty thousand (50,000) square feet or more or which propose outdoor seating which shall constitute more than twenty (20) percent of the total enclosed seating capacity of the restaurant(s).

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

All requirements and stipulations contained in chapter 4, Alcoholic Beverages.

(13)

Retail uses other than those listed above which are determined by the community development director to be similar in nature and/or consistent with the general purpose and intent of the established permitted uses. (Ord. No. 1161, 2-21-2006)

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by the city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Determination by city council that said use would result in no greater negative impacts on surrounding properties than would uses specifically listed as permitted.

d.

Determination by city council that said use is not more similar to a use permitted in a more intense district.

(14)

Service station, with or without convenience sales.

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Clearance required:

1.

Gasoline pumps shall be located a minimum distance of twenty (20) feet from any street right-of-way line and a minimum distance of fifteen (15) feet from any property line.

2.

No service station building or gasoline pump shall be located within twenty-five (25) feet of property within a residential zoning district.

d.

Where a side or rear property line abuts a C-O Commercial Office zoning district or property used and zoned for residential purposes, a solid buffer shall be provided along the entire length of the property line, except that no solid buffer shall be provided along a street right-of-way, except as may otherwise be required in this LDC. Such solid buffer shall be continuous and unbroken, except in the areas of driveways, walkways, and a solid buffer adjacent to an alley may have a three-foot opening which shall be closed by a solid gate when the opening is not being used for access.

e.

All storage of vehicles awaiting needed parts shall be within the building or shall be completely screened from off site view in a rear or side yard.

f.

All outdoor lighting shall be in conformance with those performance standards related to lighting and glare referenced in section 12-923(8), directional in nature and shall not shine directly onto adjacent properties.

g.

Major automotive repairs, including, but not limited to, engine or transmission dismantling, painting, body, fender, and upholstery work shall not be permitted.

h.

Display of merchandise. Display of storage of merchandise and accessory products including tires, batteries, oil and similar products, shall be conducted wholly within an enclosed building; provided that customary accessory service products stored and/or displayed immediately adjacent to the building wall or upon gasoline pump islands during business hours shall be permitted.

i.

All provisions of section 12-959, Standards for drive-up facilities.

(15)

Veterinarian clinic, subject to the following conditions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

All activities shall be carried out within soundproof, air conditioned buildings with no outdoor cages, runs or other outdoor facilities unless determined by city council that such facilities are located and screened so as not to affect the use, enjoyment or value of surrounding residentially zoned or used properties.

d.

There shall be no overnight boarding of animals unless said boarding is necessary in connection with treatment, recovery or for other medical reasons.

e.

Said use shall conform fully to those performance standards listed elsewhere in this Code related to noise and odors. (Ord. No. 905, 12-19-1995)

(16)

Communication towers.

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Compliance with the provisions of section 12-862, Radio, TV antennae; satellite dishes; communication towers. (Ord. No. 938, 12-17-1996)

(17)

Golf course driving ranges and/or golf course lighting for night use.

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by the city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

A detailed lighting plan prepared by a qualified lighting professional shall be submitted which addresses the size, type, number, intensity and spillover effect of lighting fixtures needed to accomplish lighting objectives.

d.

All lighting shall be directional in nature and shall not shine directly onto adjacent properties nor create glare when viewed from off-premises. (Ord. No. 980, 9-15-1998)

(18)

Blood donor center.

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

The blood donor center shall not be located within one thousand (1,000) feet of any other blood donor center.

d.

The blood donor center may not accept donations before 7:00 a.m. or after 9:00 p.m.

(Code 2001, § 25.530.10; Ord. No. 905, 12-19-1995; Ord. No. 938, 12-17-1996; Ord. No. 980, 9-15-1998; Ord. No. 989, 11-17-1998; Ord. No. 1079, 10-15-2002; Ord. No. 1080, 11-5-2002; Ord. No. 1104, 12-2-2003; Ord. No. 1161, 2-21-2006; Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017; Ord. No. 1424, § 1(Exh. A), 7-18-2017; Ord. No. 1537, § 1, 10-18-2022)

(a)

Scope and purpose. The purpose of the PD, Planned Development zoning district is to provide an alternative method of land development not available within the framework of the other zoning districts of the city. This classification may be assigned to land which is to be developed as a whole or in a single development, or programmed series of development operations, utilizing innovative design techniques not possible through the structure of other zoning districts of the city, for the purpose of achieving one or more of the following development objectives:

(1)

To preserve or be otherwise sensitive to significant environmental or topographical features which exist on the site.

(2)

To accommodate a single or a mixture of uses on one or more parcels of land with single or multiple ownerships, zoned, approved, operated and developed as a single unit and made internally and externally compatible through use limitations, sign control, cross easements for access and utilities, coordinated building orientation, design, aesthetics and buffering, with principal and accessory structures substantially related to the character of the development and the context of the neighborhood of which they are a part.

(3)

To accommodate a comprehensively planned and phased redevelopment or infill project involving a single or multiple ownerships to create interrelated mixed uses, circulation patterns (both vehicular and pedestrian), building orientation, parking areas, architectural motif, signs, open space, amenity areas and like features, which positively contribute to the area being redeveloped and the city.

(4)

To allow for a conceptual level of approval for PD districts while maintaining design flexibility for projects which may either be large with lengthy build out schedules or is the first development in an area without public utilities and services. The project is approved in two (2) steps: a rezoning to PD with a conceptual site plan as approved by city council; and a subsequent detailed final site plan to be approved by city council.

(5)

A rezoning application for a planned development (PD) zoning district shall be submitted consistent with the requirements of this section.

(6)

To capture internally as many trips as possible within the boundaries of a single development by combining mixed residential, commercial, research, and office uses, and by reducing trip lengths thereby encouraging nonmotorized travel. The intent of this provision is to reduce the impact of planned developments on vehicular traffic congestion. Planned developments shall be designed according to comprehensive plans which provide for interrelated uses, circulation patterns (both vehicular and pedestrian), streets, utilities, lots, building orientation, parking areas, architectural motif, signs, open space, amenity areas and like features with a program to provide for the maintenance and operation of all such areas. Planned developments must also provide improvements and facilities for the common use of all or some of the occupants of the development and a provision for the maintenance and operation of all necessary services which the city does not agree, in writing, to provide, maintain or operate.

(b)

Permitted uses. The type or types of land uses permitted must be consistent in all respects with the comprehensive plan, and the City Code; and such uses, including adaptive reuse, shall be found to be so located and arranged to ensure complete compatibility among themselves, with adjacent existing or future land uses, public facilities, services, and utilities.

(c)

Density/intensity. The density/intensity for a PD project shall not exceed that which is permitted by the land use category in which the parcel is located as per the adopted land use plan.

(d)

Dimensional regulations. Building setbacks and height shall be designed using those prescribed in division 2, specific zoning districts as a guideline. Flexibility in setbacks for nonresidential projects will be allowed provided there is adequate space for site improvements and fire access; that there is no adverse impact on surrounding properties and there is adequate distance between structures and public or private streets for residential projects. Flexibility in building height will be allowed provided that they are compatible with the surrounding neighborhood; and provide increased setbacks to compensate for added building height.

(e)

Additional application requirements.

(1)

A conceptual plan without complete preliminary plan or construction plan details, but includes items, such as, but not limited to, the overall layout of the proposed development, maximum density (residential units per acre), maximum intensity (floor area ratio). Maximum building height(s), building setbacks, building elevations, general location of stormwater management facilities, typical lot size and dimensions, ingress and egress points, internal streets and design, open space/recreational/preservation areas, landscape and buffer areas, etc.

(2)

A detailed textual statement explaining how the development will fit in the area, connect with surrounding properties, address multi-modal transportation within and adjacent to the site, identify all proposed uses, provide a list of requested waivers, and address other items within the planned development, including all restrictions, covenants, limitations, hours of operation, rules, regulations, and such other data and information as the city shall require. Upon approval by the city council, this textual statement shall become a part of or be incorporated into the conditions of approval for the planned development and final site plan or conceptual plan.

(3)

A final site plan, which is based on the conceptual plan and planned development zoning application approved by city council, shall be required to be submitted for review in accordance to sections 12-241, 12-377, 12-379, and other applicable sections of this Code after the rezoning application has been approved by city council. If a final site plan is not submitted within two (2) years of the approval of the planned development zoning, then a new rezoning application and final site plan application shall be required to be approved by city council.

(4)

If the city council determines that the plan is abandoned, or if construction is terminated after completion of any stage, or if construction is abandoned or discontinued for a period of two (2) years, or if there is evidence that further development is not contemplated, the city council may rescind or modify the ordinance establishing the planned development.

(5)

Modification of conceptual plan, final site plan, or planned development zoning district after approved by city council. After final approval of the planned development, if any change, including waivers, conditions of approval, conceptual plan, final site plan, changes of uses, etc., is requested by the applicant, the city shall evaluate whether the proposed change(s) exceeds the criteria of section 12-380 of this Code, and if so, then a new rezoning application and final site plan or conceptual plan, shall be required to be submitted for review and approval by city council.

(f)

Public hearing and zoning action.

(1)

Upon review of the final site plan or conceptual plan and proposed planned development rezoning application by the development review committee (DRC) and planning commission staff, a public hearing shall be held to obtain input on the application, in accordance with the applicable state statutes and city ordinances. (Ord. No. 1138, 4-19-2005)

(2)

Following receipt of the recommendations of the DRC, city manager or designee, and the planning commission, and upon consideration of public input obtained at the public hearing, and review of the planned development, city council shall either deny the application pursuant to section 12-193(d) or approve the zoning application with or without modifications, hearing. The development standards and conditions of approval for the site shall be approved as part the planned development zoning district, based on the conceptual plan or final site plan and textual statement or conditions of approval. Additional conditions of approval may be further specified for the PD rezoning at the time of approval of the detailed final site plan application to be approved by city council within two (2) years of the rezoning approval.

(g)

This section does not preclude an applicant from submitting a detailed planned development zoning and detailed final site plan applications concurrently to obtain approval from city council, provided both applications meet the requirements of this Code, unless waivers are granted by city council.

(h)

Modifications of ordinances and codes. The requirements of this LDC, including, but not limited to, off-street parking, landscaping, lot coverage, building heights, setbacks, buffers and walls, of the zoning district most closely resembling the proposed use shall apply to the planned development. The city council may waive or modify said requirements on finding that such modifications are not required in the interest of the planned development and that the modification is not inconsistent with the interest of the city and with the uniqueness of the planned development.

(Code 2001, § 25.530.11; Ord. No. 795, 11-19-1991; Ord. No. 1039, 2-6-2001; Ord. No. 1138, 4-19-2005; Ord. No. 1159, 2-7-2006; Ord. No. 1399, § 1(Exh. A), 7-19-2016; Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose.

(1)

The provisions of this section apply to the PROF district. The purpose of the PROF Planned Research Office Facilities zoning district is to provide the maximum of land and design development opportunities for planned research office facilities in harmony with reasonable area, building coverage, height, setback and service requirements and to provide a means of mixing such appropriate land uses as may not otherwise be permitted for planned research office facilities in any of the other established zoning districts. The PROF zoning district will be applied only upon specific petition therefor by persons proposing a unique type of planned development for planned research office facilities in keeping with the purpose of the district stated herein.

(2)

Within the PROF zoning district, it is intended that uses shall be arranged so that vehicular traffic and other commercial or industrial influences shall not disturb the privacy, tranquility and integrity of adjoining residential areas. Uses within the district shall be designed and constructed for maximum pedestrian accessibility and research facilities and related uses shall be located together as appropriate. It is further intended that the PROF zoning district shall be located within a park-like setting that is aesthetically pleasing and is not obnoxious or offensive and that the district shall create a minimal impact on the surrounding area and the environment. Facilities within a PROF zoning district shall provide maximum protection to preclude odor, liquids, fumes, smoke, gas, dust, litter, noise, vibration and similar objectionable hazards. Beyond that, the PROF zoning district shall be designed and located in accordance with established planning and zoning practices; shall be readily accessible to major transportation facilities and other municipal services; and shall include only those uses that are both internally and externally compatible with the site.

(b)

Zoning district area requirements. A PROF zoning district shall consist of:

(1)

Not less than twenty (20) contiguous acres under single, unified ownership and control; or

(2)

Contiguous acres adjacent to and added to an existing PROF zoning district.

(c)

Permitted uses. Land and buildings within a PROF zoning district shall be used only for the following principal uses:

(1)

Administrative, business, professional office building or complex, which may include accessory uses for office workers such as a restaurant, coffee shop, newspaper or candy stand.

(2)

Bank, savings and loan association, credit institution or stock brokerage; provided, however, that said use shall be permitted only if it is accessory and incidental to the primary planned research office facilities and further provided that any such use shall be oriented internally to the major development of the planned research office facilities, with no direct access to major arterials external to the project.

(3)

Building or use owned or operated by the city, including schools, libraries, museums, art galleries, community buildings, parks, playgrounds, picnic areas, swimming pools or other recreational uses, or utility structures or stations owned or operated by the city, including transmission lines, poles, guy wires and pipelines as are necessary for the installation and maintenance of utility services.

(4)

Child care facilities or physical fitness centers designed for the primary use of office center employees; provided, however, that said use shall be permitted only as accessory and incidental to the primary planned research office facilities, and further provided that any such use shall be oriented internally to the major development of the planned research office facilities, with no direct access to major arterials external to the project.

(5)

Drugstore; provided, however, that said use shall be permitted only as accessory and incidental to the primary planned research office facilities and further provided that any such use shall be oriented internally to the major development of the planned research office facilities, with no direct access to major arterials external to the project.

(6)

Hotel/motel that may include accessory uses such as restaurant, coffee shop, meeting rooms and recreational facilities; provided, however, that any such hotel/motel shall be oriented internally to the major development of the planned research office facilities with no direct access to major arterials external to the project.

(7)

Light industrial manufacturing, assembling and servicing, including electronics, telecommunications, computer equipment, instruments and like and related uses and pharmaceutical and other health-related products.

(8)

Medical/dental research facilities and laboratories, medical/dental/surgical clinics, medical/dental/surgical offices, and medical educational uses are permitted. All such facilities shall be oriented internally to the major development of the planned research office facilities with no direct access to major arterials external to the project. (Ord. No. 1020, 8-15-2000; Ord. No. 1178, 6-20-2006)

(9)

Public utility structure or station, including transmission lines, poles, guy wires, and pipelines as are necessary for the installation and maintenance of approved utility services.

(10)

Research and service center; provided, however, that research and service facilities shall be devoted almost exclusively to research and development activities which are not offensive or obnoxious and which are conducted wholly within enclosed buildings and provide no outdoor storage of materials, equipment or products. Research and service center facilities may contain offices, warehouses, and some light fabrication, provided that the principal and primary function is research and development.

(11)

Restaurant, cafeteria or other eating establishment engaged in the retail sale of prepared food and drink for consumption on the premises; provided, however, that said use shall be permitted only accessory and incidental to the primary planned research office facilities and further provided that any such use shall be oriented internally to the major development of the planned research office facilities, with no direct access to major arterials external to the project.

(12)

Retail, commercial shop(s), such as travel agencies, card and gift shops, insurance agencies, office supply stores, clothing stores, dry cleaners, copy centers, book stores and postal facilities, either individually or harmoniously designed in a group of clustered structures providing for unitary design under single control; provided, however, that said use shall be permitted only as accessory and incidental to the primary planned research office facilities and further provided that any such use shall be oriented internally to the major development of the planned research office facilities, with no direct access to major arterials external to the project.

(Code 2001, § 25.530.12; Ord. No. 1020, 8-15-2000; Ord. No. 1178, 6-20-2006)

(a)

Scope and purpose. The provisions of this section apply to the LI district. The purpose of the Light Industrial zoning district is to promote a mix of industrial uses which provides employment opportunities and a sound and diverse industrial base while recognizing existing industrial uses which have been annexed into the City or designated as such on the city's land use plan map.

(b)

Permitted uses.

(1)

Light industries, with related office and showrooms, which include manufacturing, processing, assembly, fabrication, packaging, storage and distribution activities.

(2)

Printing, blueprint, engraving, and related reproductive processes.

(3)

Professional/administrative offices including contractors' offices.

(4)

Public service facility including land, buildings, or structures used by a public utility such as, water treatment plants, pumping stations or electrical substations.

(5)

Public use facility including land, buildings, or structures used by a municipal or other governmental agency such as police and fire stations.

(6)

Radio and TV antennae, satellite dishes and communication towers, including radio and TV studios, offices and broadcasting towers subject to the provisions of section 12-862.

(7)

Research laboratories, blood/plasma/tissue banks and donation centers.

(8)

Vocational/trade/business schools.

(9)

Warehouses and wholesale distribution centers, including related showrooms, offices and outdoor display or merchandise.

(10)

Transportation and trucking terminal and associated uses such as garbage haulers.

(11)

Sales, auctions, service, repair, painting and storage of domestic and commercial vehicles (including truck, bus, RV and boat), and heavy equipment.

(12)

Mini-warehouses and self-storage facilities.

(13)

Outdoor storage and contractors/salvage yard.

(14)

Business/office/industrial parks and services.

(15)

Funeral home with crematory.

(16)

Commercial recreation (indoor and outdoor recreation such as miniature golf, golf driving ranges and similar uses).

(17)

Furniture refinishing, upholstery and repairs.

(18)

Lumber yards.

(19)

Airport or airport related activities and uses.

(20)

Recyclable metal recovery facilities.

(21)

Sign painting activities.

(22)

Dry cleaners and industrial laundries.

(23)

Microbrewery, distillery and wine production.

(24)

Tattoo parlor.

(c)

Related, supporting uses. Land and buildings within an LI Light Industrial zoning district may include the following related, supporting uses. In addition, existing activities legally in operation as of the date of this code amendment may be recognized as a related, supporting use subject to the community development director's determination.

(1)

Child care facilities.

(2)

Restaurants, with or without drive-in facilities.

(3)

Banks and credit unions including ATM's.

(4)

Gas stations, with or without a car wash.

(5)

Liquor store.

(6)

Bar/lounge.

(7)

Lawn and landscaping businesses and services.

(8)

Institutions: Religious, educational or charity.

(9)

Social club.

(10)

Retail sales and personal services.

(11)

Repair shops other than permitted uses.

(12)

On premise security/watchman dwelling unit.

(d)

Specific requirements. Each proposed use must demonstrate compliance with the following specific requirements in addition to other standard development requirements of division 3, site plans.

(1)

A site plan and other drawings as are necessary to show the complete site development proposed including the type, location and size of all proposed structures, outdoor storage areas, signs, off-street parking and loading facilities, location and arrangement of access drives; and proposed landscaping and buffering shall be submitted for review.

(2)

To the greatest extent possible, the site plan should be designed to incorporate the following:

a.

Driveway and driveway throats shall remain free of internal obstacles and should be constructed so that all entering and exiting movements can be accomplished with minimum disruption to traffic flow on the intersecting roadway;

b.

Off-street loading spaces shall be located so that a semi-trailer truck (WB 50 class) shall be able to gain access to and use such spaces by means of one continuous parking maneuver;

c.

Parking and loading spaces shall be located to the rear or sides of buildings or interior of the block;

d.

Outdoor storage or display, parking, and loading spaces shall be designed so as not to impede traffic circulation or hinder the use of walkways, private streets or operations on adjacent parcels;

e.

Outdoor storage or outside display shall not extend into landscape areas, buffers or parking spaces and must be placed on-site so that they are not visible from an adjacent street.

f.

Crime prevention through environmental design (CPTED) strategies shall be considered in the design of the site.

g.

Outdoor lighting shall be located so as to illuminate the site for the safety of employees, the public, and operations on site.

(3)

Any industrial zoned use with a side or rear lot line abutting residentially zoned or used property shall:

a.

Provide a buffer area per article IX, division 17 requirements with landscaping in front of the wall or fence facing residentially zoned land or uses;

b.

Limit the height of outdoor storage items within twenty (20) feet of the property line to the height of the perimeter fence or wall;

c.

Loading spaces shall be set back a minimum of thirty (30) feet from the property line when it abuts a residential use or zoning district;

d.

Arrange all lighting or illumination so as not to shine directly upon or cause glare upon adjacent residentially zoned or used property. The source of the light, such as the bulb or filament, of outdoor lighting fixtures shall not be directly visible from property outside the zoning lot on which it is located. Additionally, the maximum illumination permitted at the zoning lot line shall be two-tenths (0.20) foot-candles.

(4)

If the use is within two hundred (200) feet of any jurisdictional wetland area, as defined in herein, the following restrictions apply:

a.

No storage of underground fuel tanks is permitted.

b.

Outdoor storage of raw materials or chemicals shall not be permitted within any flood zone, as established by the Federal Emergency Management Agency, unless the outdoor storage area complies with building elevations set forth in the applicable federal, state, and local building and flood regulations.

(5)

Any outdoor storage or outside display of supplies or equipment containing chemicals, gases, or raw materials shall be placed on a gravel, asphalt or concrete surface.

(6)

All outdoor storage and outside display shall be screened from the view of adjacent streets and adjacent properties. The screening shall consist of the following:

a.

A strip of land five (5) feet in depth, landscaped with ground cover, shrubs (a minimum of three (3) feet tall), mulch, trees, and a fence or opaque wall.

b.

Trees shall be planted along the outside of the fence or wall along rights-of-way, at a dispersal rate of one tree per thirty-three (33) linear feet or fraction thereof.

c.

The following alternatives may be considered and recommended by the DRC when appropriate:

1.

A vine at an interval of ten (10) feet on center may be planted along the fence (including chain link) or wall as an alternative to ground cover and shrubs;

2.

Use of existing vegetation, natural features, or berm with landscaping at the top; or other aesthetic and appropriate alternatives may be used as alternatives if the DRC determines that they provide sufficient screening.

3.

Need and/or use of alternative screening between like uses.

(7)

Perimeter landscaping along an adjacent street or any other zoning district besides LI shall be a minimum three-foot-high landscape buffer per section 12-1049(a)(1).

(8)

Fences or walls used for security or screening purposes shall not exceed eight (8) feet in height.

a.

Any fence or wall located along a public right-of-way shall be placed at least five (5) feet from the property line to allow for future sidewalks and required landscaping outside the fence or wall.

b.

Barbed wire up to three (3) strands of barbed wire on security chain link fences may be used provided that the bottom strand of the wire shall be at least six (6) feet above ground level.

c.

Slats, fabric or other materials woven or attached (except vines) to chain link fences shall not be permitted.

(9)

Development of LI permitted uses on heavily treed, vacant land shall be designed, to the greatest extent possible, to meet the tree canopy coverage and tree requirements of article IX zoning, division 8, tree removal and trimming.

(10)

Redevelopment of related, supportive uses shall comply with all requirements of article IX zoning, division 8, tree removal and trimming.

(11)

Redevelopment of previously developed properties containing an existing impervious surface ratio (ISR) exceeding three-quarters (0.75) and/or an existing, minimal tree coverage shall be required to meet the city's minimum tree canopy coverage and tree replacement requirements of article IX zoning, division 8, tree removal and trimming, as follows:

a.

Design the site with consideration to preserving existing trees, grand trees, and heavily treed areas to the greatest extent possible.

b.

Obtain permits to trim or remove trees and perform site clearing on-site or off-site

c.

Install tree barricades for preserved trees on-site, adjacent properties, or public or private right-of-ways prior to clearing of the property.

d.

Maintain existing and new trees during construction and replace relocated or damaged trees that die within two (2) years of completing construction on site, and maintain all trees on the property after completing development on site.

(12)

Sidewalks. If sidewalks are provided, a direct, lighted and well-marked pedestrian route shall connect sidewalks exterior to the project and the interior parking area with the entrance to the principal structure.

(e)

Performance standards for manufacturing, processing and assembly operations. Manufacturing, processing and assembly operations shall observe the following performance standards. Since zoning compliance does not substitute for requirements of other agencies, all required environmental permits shall be obtained and provided as necessary.

(1)

Light. Direct illumination resulting from the operation shall not fall upon any land not directly under the control of the property user.

(2)

Sound. Sound levels shall not exceed the following decibel (dBA) standards. Compliance with this section shall be made at the nearest boundary of the LI district to the use being evaluated.

a.

Receiving use: Residential. Sound levels shall not exceed the following standards if the receiving use is residential:

Between 7:00 a.m. and 10:00 p.m.: Sixty (60) dBA

Between 10:00 p.m. and 7:00 a.m.: Fifty-five (55) dBA

b.

Receiving Use: Commercial. Sound levels shall not exceed the following standards if the receiving use is commercial:

At all times: Sixty-five (65) dBA

c.

Receiving use: Industrial. Sound levels shall not exceed the following standards if the receiving use is industrial

At all times: Seventy (70) dBA

(3)

Vibration. No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of a reasonable individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground or structure borne vibrational motion necessary to cause a reasonable person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.

(4)

Odor/airborne discharges. Odor/Airborne discharges shall be minimized so as to not cause or contribute to an objectionable odor off the operator's property. For the purpose of this Code, objectionable odor shall be defined as "Any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance" per Chapter 62-210.200, Definitions F.A.C.

(5)

Dust discharges. Dust discharges from the operator's property shall be minimized by taking reasonable precautions to include but not limited to: paving and maintenance of roads, parking areas and yards; periodic application of water or chemicals to unpaved roadways and open stock piles; landscaping of yards; use of hoods, fans, filters, and other similar equipment to capture the dust; and use of wet abrasive blasting equipment (when possible) where abrasive blasting is necessary.

(Code 2001, § 25.530.13; Ord. No. 938, 12-17-1996; Ord. No. 1239, 12-2-2008; Ord. No. 1399, § 2(Exh. B), 7-19-2016; Ord. No. 1424, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose.

(1)

The provisions of this section apply to the A-U district. The purpose of the A-U Agricultural Urban zoning district shall be to recognize existing agricultural uses as legally conforming uses, property rights established under Florida law, including, but not limited to, those set forth in F.S. § 823.14 (Florida Right to Farm Act), and allow the continuation of agricultural and other compatible land uses.

(2)

Agricultural uses are those related to the production, keeping, or maintenance, whether for sale or personal use, of plants and animals for food, forage, fiber, or ornamental purposes. Agricultural uses are characterized as predominantly outdoor activities, with structures covering a very small portion of the land. However, some specific production activities may require relatively large amounts of land coverage, such as dairy operations and greenhouses. Trip generation is very low; the number of employees per acre is very small. The uses within this category may include both domestic and exotic species, except as specifically prohibited by other regulations.

(3)

Rezoning of lands not currently in agricultural use to A-U Agricultural Urban shall be discouraged. This zoning district is intended to be a "holding district" for lands that are ultimately intended for urban development. In order to avoid premature or improper development, land should remain in this zone until public facilities and services are or will be adequate to serve urban uses.

(b)

Permitted uses. Land and buildings within an A-U Agricultural Urban zoning district will be used for the following or substantially similar purposes:

(1)

Agriculture, silviculture, aquaculture; horticulture, crop production and general farming, including pasturage, forestry, livestock, milking parlors and dairies, agricultural manufacturing, beekeeping; citrus groves, stables, barns, pens, corrals, and veterinarian clinics with indoor kennels; plant nurseries, greenhouses, truck gardening, processing of agricultural products, fish hatcheries or fish pools, sheds, silos, agricultural stands for the sale of agricultural products produced on the property and such accessory facilities as may be necessary to the foregoing uses.

(2)

Single-family dwelling (including existing mobile homes).

(3)

Residential support uses including recreational uses such as parks, trails and boardwalks, playgrounds, athletic fields, golf courses and country clubs, and golf driving ranges.

(4)

Public or private utility facilities, and public uses and buildings.

(5)

Residential and related health care facilities, except the following such facilities listed below, consistent with state law. See section 12-241 for additional requirements.

a.

Assisted living facility (ALF) with greater than five (5) residents.

b.

Community residential homes (CRH) with greater than six (6) residents.

c.

Transitional living facilities.

(c)

Conditional uses. Land and buildings within an A-U Agricultural Urban zoning district may be used for the following purposes upon review and approval of the city council and in accordance with section 12-259:

(1)

Radio and TV antennae, satellite dishes and communication towers, including radio and TV studios, offices and broadcasting towers, subject to the provisions of section 12-862, Radio, TV antennae; satellite dishes; communication towers.

(2)

Plant nursery.

(3)

Commercial greenhouse.

(4)

Cemetery, including mausoleum, subject to the following standards:

a.

A minimum lot size for the entire cemetery site shall be five (5) acres.

b.

There shall be adequate space within the site for the parking and maneuvering of funeral corteges.

c.

No interment shall take place within thirty (30) feet of any adjoining lot line under separate ownership from that of the cemetery operator.

d.

All structures shall be set back a minimum of twenty-five (25) feet from any boundary line of the cemetery property.

e.

All structures over twenty-five (25) feet in height must be set back from any boundary line of the cemetery a minimum of twenty-five (25) feet plus two (2) feet for each one foot of height over twenty-five (25) feet to a maximum setback of fifty (50) feet.

(5)

Private school, subject to the following standards:

a.

With the exception of elementary schools, the site shall have direct access to a roadway shown on the current MPO long range transportation cost affordable plan at the time of conditional use application.

b.

The location, arrangement and lighting of play fields and playgrounds shall be such as to avoid interference with the use of adjacent residential property, and lighting shall not shine directly onto an adjacent residential property.

(6)

Child care facility, subject to general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses, and section 12-377, General site development plans.

(7)

Churches, synagogues and other places of worship, subject to the following standards:

a.

The sanctuary or main place of worship (excluding all classrooms, administrative offices, and fellowship halls) may exceed fifty (50) feet in height provided that the structure is set back an additional two (2) feet for every one foot of structure height over thirty (30) feet at all boundaries (added to yards or buffer areas required elsewhere).

b.

If the church or synagogue has a seating capacity of more than three hundred (300) persons, the site shall have direct access to an arterial or collector street, as shown on the MPO long range transportation cost affordable plan.

(8)

Veterinarian clinic with indoor kennel, subject to the following standards:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

All activities shall be carried out within soundproof, air conditioned buildings with no outdoor cages, runs or other outdoor facilities.

d.

There shall be no overnight boarding of animals unless said boarding is necessary in connection with treatment, recovery or for other medical reasons.

e.

Said use shall conform fully to those performance standards listed elsewhere in this Code related to noise and odors. (Ord. No. 972, 2-3-1998)

f.

Accessory uses. Retail sales and grooming services may be allowed as accessory uses so long as they do not include more than twenty-five (25) percent of the total gross floor area of the principal use.

(Code 2001, § 25.530.14; Ord. No. 972, 2-3-1998; Ord. No. 1239, 12-2-2008; Ord. No. 1420, § 1(Exh. A), 7-18-2017)

(a)

Scope and purpose.

(1)

The provisions of this section applies to the PRS district. The purpose of the PRS-Preservation zoning district shall be to designate and establish areas within the city which are deemed to be uniquely appropriate to manage only for the conservation, protection and enhancement of natural and historical resources and for resource-based public outdoor recreation. These regulations are intended to encourage preservation of lands designated as environmental preservation areas, in a natural or near natural state. Activities associated with this district are intended to be low impact, low trip generating, including little coverage of land with paved areas, and are predominantly or primarily utilized for daytime activities.

(2)

The city recognizes that there exists in the city certain lands and areas of unique environmental and ecological significance which are important for their biological productivity and economic, aesthetic and safety values. These areas include, but are not limited to, wetlands and lands directly adjacent to the Hillsborough River watershed, or other lands designated as preservation areas. Lands eligible for this category shall include the following; open space, environmentally significant wetlands, uplands, lands adjacent to water bodies and wells, and floodplains; private recreational or open space lands which have development rights conveyed to the public; the purpose of which is to restrict the development of lands upon which a more intensive development would cause adverse environmental impact; and to provide natural buffering between incompatible land uses. Permitted uses which typify these goals may include, but are not limited to, the preservation of lands, wildlife sanctuaries, arboretums, passive outdoor education, forest management, passive recreation, or similar uses which do not unreasonably alter or degrade the natural state of the land.

(b)

Permitted use. Land and buildings within PRS-Preservation zoning district shall be used for the following purposes:

(1)

Walking and hiking, including trails, bridle paths, pedestrian boardwalks, and elevated walkways.

(2)

Primitive camping such as campsites and picnic tables without electric or water facilities.

(3)

Water access, including canoe launches.

(4)

Education, including signs and kiosks.

(5)

Observation, including towers and open air gathering structures.

(6)

Passive recreation including fishing and biking, including accessories such as benches, water fountains and bicycle racks.

(7)

Parking facilities.

(c)

Special requirements.

(1)

No buildings, structures, improvements or signs shall adversely impact the natural resources of the lands in this designated land use district.

(2)

Construction best practices shall be utilized to minimize the destruction or removal of native vegetation and/or trees.

(3)

Minor utility structures such as water, sewer and electric service not including electric substations, waste treatment facilities, water treatment plants, communication towers may be utilized to service park facilities; however, any disturbance of soil must be preceded by an archaeological survey and comply with conditions set forth by the department of state division of historical resources.

(4)

Uses other than those delineated above which are determined by the director of community development to be similar in nature and/or consistent with the general purpose and intent of the established permitted uses may be approved subject to the conditions per article IX, division 5, Environmentally Sensitive Lands Protection.

(5)

If archaeological and historic sites are located in this zoning district, the collection of artifacts shall comply with F.S. ch. 267 and shall be prohibited until written authorization has been obtained from the department of state, division of historical resources.

(6)

Regular maintenance of properties in the PRS Preservation zoning district may require the removal of invasive plant species and feral animals or non-native wildlife as deemed necessary. Similarly it may be deemed necessary to create firebreaks and issue prescribed burns for the health and maintenance of ecosystems. Property owners other than the city shall maintain preservation districts in a viable natural condition and shall abide by the above maintenance standards.

(7)

Any land acquired by the city or conveyed to the city for environmental preservation or conservation purposes, which carries parking or environmental conditions more restrictive than required by this section, shall be further limited by those conditions.

(Code 2001, § 25.530.15; Ord. No. 1278, 8-17-2010)

(a)

Scope and purpose. The provisions of this section applies to the P/QP district. The purpose of the P/QP Public Quasi-Public zoning district shall be to locate and designate areas within the city which are suited for the development and operation of a broad range of significant public service facilities, government facilities and institutions throughout the city. These uses can have operational characteristics which may be as intense as commercial but have varying peak periods of activity. This district is designed to expand the number of permitted uses that include a wide range of services, facilities, and institutions while at the same time imposing certain restrictions on such additional uses so as to make them more compatible with the properties and uses found in adjacent zoning districts.

(b)

Permitted uses. Land and buildings within a P/QP Public Quasi-Public zoning district shall be used only for the following purposes:

(1)

Publicly owned or operated building or use, or public utility structure or station.

(2)

Buildings or uses owned or operated by the city, including schools, libraries, museums, art galleries, community buildings, parks, playgrounds, picnic areas, swimming pools or other recreational uses.

(3)

Utility structure or station, including transmission lines, poles, guy wires, and pipelines as are necessary for the installation and maintenance of approved utility services.

(4)

All uses permitted under section 12-232(b)(2) and(3), E-I Educational Institution Zoning Regulations.

(c)

Conditional uses The following uses may also be permitted within the P/QP Public Quasi-Public zoning district, subject to the criteria specified in this section:

(1)

Radio and TV antennae, satellite dishes and communication towers, including radio and TV studios, offices and broadcasting towers subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Compliance with the provisions of section 12-862, Radio, TV antennae; satellite dishes; communication towers.

(2)

Buildings and structures with a maximum height in excess of fifty (50) feet, subject to the following provisions:

a.

Pursuant to section 12-377, General site development plans, site plan review and approval by city council may be required.

b.

Compliance with the general criteria listed for approval of conditional uses contained in section 12-259, Conditional uses.

c.

Must have a minimum setback from any single-family residentially zoned or used property equal to the height of structure.

(d)

Special requirements. Each proposed use must demonstrate compliance with the requirements specified in section 12-237(e).

(Code 2001, § 25.530.16; Ord. No. 1278, 8-17-2010)

The following specific criteria are intended to provide additional detail and requirements for permitted uses in the zoning districts (listed in alphabetical order):

(a)

Residential and related health care facilities. The following standards apply to all such facilities listed under this general use and as shown in the table below, consistent with state law:

NOTES:

P = Permitted Use
Blank/Gray Box = Not Permitted
Prohibited in the following zoning districts: LI, PROF, PRS, and P/QP

¹  Limited to a maximum of five (5) residents.

²  The total number of beds permitted in long-term care facilities shall be determined by the number of housing units, which would be permitted on site and multiplying the units by the average persons per household for Temple Terrace in the most recent U.S. Census per F.S. ch. 400. The number of units permitted on site is determined by the underlying plan category of the subject site.

³  A community residential home (CRH) (one to six (6) residents) must be one thousand (1,000) feet from another CRH (one to six (6) residents) and must be one thousand two hundred (1,200) feet from any other facility noted in this table per F.S. § 419.001(2).

⁴  A planned residential community (PRC) is only allowed within the Planned Development (PD) zoning district.

⁵  A long term care facility is a general term for the following uses: assisted living facility, adult family care home, nursing home facility or home, residential child-caring agencies, board and care facility, or any other similar adult care facility as defined by Title XXIX Public Health, F.S. chs. 381—408, and Title XX Social Welfare, F.S. chs. 409—430. This may include other uses that may not be specifically identified in this table.

The residential and health related facilities shall be prohibited in the following zoning districts: Light Industrial (LI), Planned Research and Office Facilities (PROF), Preservation (PRS), and Public/Semi-Public (P/SP).

Density calculations for such facilities shall be as follows: the total number of beds permitted in such facilities shall be determined by the number of housing units, which would be permitted on site and multiplying the units by the average persons per household for Temple Terrace in the most recent U.S. Census, and the number of units permitted on site is determined by the underlying plan category of the subject site; and the density calculations do not apply to those facilities operating within single family residences within single-family residential zoning districts.

Such facilities shall have adequate access, utilities and services and the character of the facility and building(s) shall be compatible with the surrounding development in terms of use, scale and design.

The following criteria shall apply in addition to the identification of permitted and conditional uses in the above table:

(1)

Community residential homes (CRH).

a.

A CRH with one to six (6) residents must be one thousand (1,000) feet from another CRH with one to six (6) residents and must be one thousand two hundred (1,200) feet from any other facility for all zoning districts as noted in the preceding table and in F.S. § 419.001(2), as amended.

b.

The sponsoring agency shall provide notice to the city manager or designee at the time a CRH is occupied in the city.

c.

When a site for a community residential home with one to fourteen (14) residents has been selected by a sponsoring agency in an area zoned planned development, allows multi-family residential uses in the zoning district, or allows multi-family uses on the adopted future land use map, the sponsoring agency shall provide notice via letter to the city manager and submit applications to be reviewed based on the requirements below in accordance with F.S. ch. 419, as amended:

1.

The location complies with the zoning district requirements.

2.

The application shall include the following information at a minimum:

i.

Address of the proposed facility.

ii.

Residential licensing category.

iii.

Number of residents.

iv.

Community support requirements of the facility.

v.

Statement from the licensing entity indicating the licensing status of the proposed CRH and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home.

vi.

A copy of the most recently published data compiled from the licensing entities that identifies all CRH within the city limits.

vii.

A general development site plan or final site plan consistent with the requirements of sections 12-377, 12-379, and 12-193.

3.

City council is required to approve or deny such application within sixty (60) days of receipt, else the application shall be considered to be approved.

4.

Denial of community residential home applications must be based on the following criteria:

i.

Does not otherwise conform to existing zoning regulations applicable to other multi-family uses in the area.

ii.

Does not meet applicable licensing criteria established and determined by the licensing entity, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

iii.

Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of one thousand two hundred (1,200) feet of another existing community residential home in a multi-family zone shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of five hundred (500) feet of an area of single-family zoning substantially alters the nature and character of the area.

(2)

Planned residential communities (PRC) shall be consistent with F.S. ch. 419, as amended, including the following criteria:

a.

May contain two (2) or more community residential homes that are contiguous to one another.

b.

May not be located within a ten-mile radius of any other planned residential community (PRC).

c.

Sponsoring agency shall notify the city manager or designee of the existence of community residential homes (CRH) at the time each home is occupied.

d.

Applications for a rezoning to planned development (PD) and general development or final site plan shall be submitted consistent with the requirements of sections 12-377, 12-379, and 12-193.

(b)

Tattoo parlor.

(1)

A general site development or final site plan shall be approved by city council subject consistent with section 12-377 or 12-379, respectively, in accordance with this Code.

(2)

A tattoo parlor shall not be located within a specified distance of specific uses as follows, unless granted a waiver by city council:

a.

Within five hundred (500) feet of any other tattoo parlor or protected facility or no more than one tattoo parlor per block, whichever is more restrictive; and

b.

The separation distances shall include properties within the city limits of Temple Terrace, City of Tampa, and Unincorporated Hillsborough County, such that if a proposed tattoo parlor in the city is less than five hundred (500) feet from an existing tattoo parlor or would result in more than one tattoo parlor within a block in the City of Tampa or Unincorporated Hillsborough County, then a final site plan application with waiver request(s), consistent with section 12-379, shall need to be approved by city council prior to allowing the proposed tattoo parlor site in the city.

c.

Distances required under this subsection shall be measured from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel.

(3)

The tattoo parlor business and artists shall be required to comply with all applicable state laws, rules, and licenses.

(4)

Other accessory related products may be sold as part of the tattoo parlor use or site.

(5)

Other uses allowed by the zoning district may occur with or within the tattoo parlor.

(Ord. No. 1420, § 1(Exh. A), 7-18-2017; Ord. No. 1421, § 1(Exh. A), 7-18-2017; Ord. No. 1424, § 1(Exh. A), 7-18-2017)