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Tillamook City Zoning Code

DISTRICTS

§ 152.015 OPEN SPACE LAND USE (O DISTRICT).

   (A)   Purpose. To maintain, preserve, conserve and otherwise continue in existence desirable and appropriate uses of open space lands in the more undeveloped sections of the city in order to assure continued public health by counteracting pollutants and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the city and its citizens.
   (B)   Uses permitted outright. The following uses are permitted in the OS District:
      (1)   Open space;
      (2)   Signs permitted as per § 152.055;
      (3)   City park facilities, improvements and projects as identified in the city parks and recreation master plan;
         (a)   Normal operation, maintenance;
         (b)   Installation/replacement of improvements within the existing city parks; and
         (c)   Landscaping as part of a park facility;
      (4)   Urban farming, gardening, horticulture, field crops, orchards, berries, nursery or flower stock and other agricultural uses for subsistence or commercial purposes, as described in § 152.051.
   (C)   Uses permitted through the conditional use permit process. The following conditional uses may be permitted subject to a conditional use permit as per the provisions of § 152.071:
      (1)   Commercial facilities incidental to the operation of a use permitted outright;
      (2)   Indoor recreational facilities: tennis courts, gymnasiums and swimming pools;
      (3)   Land filling, not including the dumping of garbage, refuse or like material;
      (4)   Accessory buildings and uses customarily incidental to a use permitted outright; and
      (5)   Park projects and/or recreational uses that are not designated improvements in the parks and recreation master plan.
   (D)   Height regulations. None.
   (E)   Lot requirements and design. The following lot requirements and design standards shall be observed.
      (1)   Site and building design.
         (a)   Parking lots are located on the subject property in such a manner for reduced interrupted pedestrian circulation and safety and site appearance.
         (b)   Site entrances shall be oriented towards the street for pedestrian circulation, safety and crime prevention except if conditions such as lot size, shape, topography or other circumstances apply to the property.
         (c)   Permanent solid waste containers and receptacles shall be screened away from public view.
         (d)   Address numbers on buildings shall be oriented towards the street for clear identification of the building.
         (e)   The property is able to be surveilled from the street for security and safety wherever possible.
      (2)   Landscaped areas. A minimum 50% of each lot shall be maintained as landscaped area for any type of development
   (F)   Off-street parking. As required in § 152.054.
   (G)   Other required conditions.
      (1)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.070.
      (2)   New development or substantial remodel is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070.
(Ord. 1285, passed 3-3-2014) Penalty, see § 152.999

§ 152.016 RESIDENTIAL LOW DISTRICT (R-7.5 DISTRICT).

   (A)   Purpose. To encourage, accommodate, maintain and protect a suitable environment for residential living. The R-7.5 District is intended to provide for single-family dwellings and middle housing at urban standards in areas with community services.
   (B)   Uses permitted outright. The following uses are permitted in the R-7.5 District:
      (1)   Detached single-family dwellings, including manufactured homes subject to the applicable requirements of § 152.072;
      (2)   Duplexes;
      (3)   Triplexes subject to the requirements of § 152.053(N);
      (4)   Quadplexes subject to the requirements of § 152.053(N);
      (5)   Townhouses, up to four dwellings attached consecutively, subject to the requirements of § 152.053(O);
      (6)   Cottage clusters subject to the requirements of § 152.053(P);
      (7)   Accessory uses are permitted as follows:
         (a)   Rooming and boarding of not more than two persons;
         (b)   Guest houses, not rented or otherwise conducted as a business;
         (c)   Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use;
         (d)   Signs according to § 152.055; and
         (e)   Home occupations subject to the requirements of § 152.051.
      (8)   Accessory dwelling units, subject to all of the following standards:
         (a)   Compliance with the State Structural Specialty Code;
         (b)   The accessory dwelling unit does not exceed 800 square feet of living area;
         (c)   Not more than one accessory dwelling unit per detached single-family dwelling;
         (d)   Utility connections and metering comply with applicable city standards and those of utility providers;
         (e)   Accessory dwellings units shall meet all other siting and design standards (e.g., height, setbacks, lot coverage, etc.) for buildings in the zoning district, except that:
            1.   Conversion of an existing legal non-conforming structure to an accessory dwelling unit is allowed, provided that the conversion does not increase the non-conformity; and
            2.   No off-street parking is required for an accessory dwelling unit.
      (9)   Residential care home (as required by O.R.S. 197.665); and
      (10)   Residential care homes and facilities, subject to the licensing requirements under O.R.S. 197.660 through 197.670.
   (C)   Uses permitted through the conditional use permit process. The following conditional uses may be permitted subject to a conditional use permit as per the provisions of § 152.071:
      (1)   Any PUBLIC FACILITY, as defined in this chapter, subject to the requirements of § 152.051152.051(F), cemetery, crematory, mausoleum, columbarium; § 152.051(G), churches, hospitals or other religious or charitable institutions; § 152.051(I), community buildings, social halls, lodges, fraternal organizations and clubs; § 152.051(T), nursery school, kindergarten and child care centers) of this Development Code;
      (2)   Planned unit developments subject to the provisions of § 152.072(F);
      (3)   Rear lot development subject to site plan approval as provided in § 152.070 and partitioning in § 152.072; and
      (4)   Bed and breakfast establishments consistent with § 152.051.
   (D)   Development standards. The following standards apply to all new development.
DEVELOPMENT STANDARDS
Standard
Requirement
Notes
DEVELOPMENT STANDARDS
Standard
Requirement
Notes
Maximum height
35 feet
See exceptions in § 152.050(C).
Minimum lot area; all except
7,500 square feet
See exception in § 152.016(E) below. The minimum lot area standard shall not apply to lots of record, as defined by § 152.003.
Townhouses
1,500 square feet
Provided, the
maximum density for a
townhouse project
shall not exceed four
dwelling units per 7,500
square feet.
Minimum lot width; all except
50 feet
Lot width may be reduced further for rear lot developments in accordance with §§ 152.052 and 152.072(C)(16).
Townhouses
20 feet
 
Minimum front yard setback
15 feet
May be reduced to 10 feet for a covered porch or enclosed patio. See § 152.053(E) for garage setbacks.
Minimum street side yard setback
15 feet
 
Minimum side yard setback; all except
5 feet for portions of buildings or structures that are 18 feet high or less 10 ft for portions of buildings or structures over 18 feet high.
 
Townhouses
5 feet exterior wall
0 feet common wall lot line where units are attached.
 
Minimum rear yard setbacks
5 feet for portions of buildings or structures that are 18 feet high or less.
10 feet for portions of buildings or structures over 18 feet high.
 
 
   (E)   Minimum lot areas exceptions. An exception to the minimum lot area standard in the table above may be approved as part of a subdivision or partition application when all of the following standards are met:
      (1)   The average area of all lots and open space tracts created through the subject land division, excluding required public park land dedications, surface water management facilities and similar public use areas, shall be no less than 7,500 square feet; and
      (2)   As a condition of granting the exception, the city will require the owner to record a deed restriction with the final plat that prevents the re-division of over-sized lots (e.g., lots with 7,500 square feet of area and larger), when such re-division would violate the average lot size provision in division (E)(1) above.
   (F)   Site and building design.
      (1)   Generally. Site and building design shall meet the requirements listed in § 152.053 and the following.
         (a)   Address numbers on buildings are oriented towards the street for clear identification of the building.
         (b)   Each building shall have at least one entry meeting the entry orientation standards in § 152.053(N)(1).
      (2)   Building sites.
         (a)   Size and shape. The size, shape, width and orientation of building sites shall be appropriate for the type of development and use contemplated, and shall be consistent with the residential lot size provisions of the zoning ordinance.
         (b)   Through lots and parcels. Through lots and parcels shall be avoided except where they are essential to provide separation of residential development from major arterial or adjacent non-residential activities or to overcome specific disadvantages of topography and orientation.
         (c)   Large building sites. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the Planning Commission may require that the blocks be of such size and shape, be so divided into building sites and contain such site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size.
   (G)   Off-street parking. Off-street parking shall be provided as required in § 152.054.
   (H)   Other required conditions.
      (1)   Nothing herein contained shall be deemed to prohibit the use of vacant property or prohibit the secondary/accessory use of the subject property for urban farming gardening or fruit raising for subsistence or commercial purposes.
      (2)   § 152.051 shall apply where applicable.
      (3)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.070.
      (4)   New development or substantial remodel of the following is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070. Residential care facilities, subject to the licensing requirements under O.R.S. 197.660 through 197.670.
      (5)   All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018; Ord. 050123, passed 5-15-2023; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999

§ 152.017 RESIDENTIAL MEDIUM DISTRICT (R-5.0 DISTRICT).

   (A)   Purpose. To encourage, accommodate, maintain and protect a suitable environment for residential living at urban standards in areas with community services incorporating single-family dwellings, duplexes, triplexes, quadplexes, townhouses and cottage clusters.
   (B)   Uses permitted outright. The following uses are permitted in the R-5.0 District:
      (1)   Any use permitted outright in a Residential Low District, R-7.5 Zone, subject to the standards in this section; and
      (2)   Christmas tree sales lot subject to the requirements of § 152.051.
   (C)   Conditional uses. The following may be permitted subject to a conditional use permit as per § 152.071:
      (1)   Any conditional use permitted in a Residential Low District, R-7.5 Zone, except as otherwise provided under division (B) above; and
      (2)   Housing for the elderly or handicapped subject to the requirements of § 152.051.
   (D)   Development standards. The following standards apply to all new development.
DEVELOPMENT STANDARDS
Standard
Requirement
Notes
DEVELOPMENT STANDARDS
Standard
Requirement
Notes
Maximum height
35 feet
See exceptions in § 152.050(C)
Minimum lot area; all except
5,000 square feet
See exception in § 152.017(E) below.
The minimum lot area standard shall not apply to lots of record, as defined by § 152.003.
Quadplexes, cottage clusters
7,000 square feet
 
Townhouses
1,500 square feet
Provided, the maximum density for a townhouse project shall not exceed 4 dwelling units per 7,000 square feet.
Minimum lot width; all except
50 feet
Lot width may be reduced further for rear lot developments, in accordance with § 152.07(C)(16)
Townhouses
20 feet
 
Minimum front yard setback
15 feet
May be reduced to 10 feet for a covered porch or enclosed patio.
See § 152.053(E) for garage setbacks.
Minimum street side yard setback
15 feet
 
Minimum side yard setback; all except
5 feet for portions of buildings or structures that are 18 feet high or less.
10 feet for portions of buildings or structures over 18 feet high.
 
Townhouses
5 feet exterior wall
0 feet common wall lot line where units are attached
 
Minimum rear yard setback
5 feet for portions of buildings or structures that are 18 feet high or less.
10 feet for portions of building or structures over 18 feet high.
 
 
   (E)   Minimum lot area exceptions. An exception to the minimum lot area standard in the table above may be approved as part of a subdivision or partition application when all of the following standards are met.
      (1)   The average area of all lots and open space tracts created through the subject land division, including public park land dedications and similar public use areas, shall be no less than 5,000 square feet. The average lot area does not include stormwater facilities and similar utilities. (Note: This provision provides an incentive for building on smaller lots when developments include open space.)
      (2)   As a condition of granting the exception, the city will require the owner to record a deed restriction with the final plat that prevents the re-division of open space tracts and oversized lots, when such re-division would violate the average lot size provision in division (E)(1) above.
      (3)   Site and building design.
         (a)   Site and building design shall meet the requirements listed in § 152.053 and the following.
            1.   Address numbers on buildings are oriented towards the street for clear identification of the building.
            2.   Each building shall have at least one entry meeting the entry orientation standards in § 152.053(N)(1).
            1.   Size and shape. The size, shape, width and orientation of building sites shall be appropriate for the type of development and use contemplated, and shall be consistent with the residential lot size provisions of this section.
            2.   Through lots and parcels. Through lots and parcels shall be avoided except where they are essential to provide separation of residential development from major arterial or adjacent non-residential activities or to overcome specific disadvantages of topography and orientation.
            3.   Large building sites. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the Planning Commission may require that the blocks be of such size and shape, be so divided into building sites and contain such site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size.
      (4)   Exceptions. For exceptions to lot requirements, see § 152.050.
   (F)   Off-street parking. Off-street parking shall be provided as required in § 152.054.
   (G)   Other required conditions.
      (1)   Nothing herein contained shall be deemed to prohibit the use of vacant property or prohibit the secondary/accessory use of the subject property for gardening or fruit raising for subsistence or commercial purposes.
      (2)   § 152.051 shall apply where applicable.
      (3)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.070.
      (4)   New development or substantial remodel of the following is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070:
         (a)   Residential care facilities, subject to the licensing requirements under O.R.S. 197.660 through 197.670.
      (5)   All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.070.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999

§ 152.018 MULTIPLE USE RESIDENTIAL DISTRICT (R-O DISTRICT).

   (A)   Purpose. This district is intended to provide for a variety of high density residential developments in locations close to shopping and services, transportation or public open space, and in appropriate locations to provide a transitional use area between residential areas and other less restrictive districts. The allowance of small-scale commercial services and retail is intended to encourage compatible mixed use development that is transportation-efficient, and enhances the function of this district.
   (B)   Uses permitted outright. The following uses are permitted in the R-O District:
      (1)   Any use permitted outright in a Residential Medium District, R-5.0 Zone, subject to the standards in this R-O Zone;
      (2)   Accessory uses and structures are permitted as follows:
         (a)   Off-street parking lots when appurtenant to a permitted use, subject to the provisions of § 152.054; and
         (b)   Necessary and incidental services such as a dining room, barbershop, beauty shop, hobby shop and the like, included within apartment buildings provided that the facilities are used by the services rendered to only tenants of the building and their guests.
      (3)   Rooming and boarding houses, including bed and breakfast establishments, that are consistent with § 152.051;
      (4)   Multiple-family dwellings, and accessory uses such as a recreation room, employees’ washroom, manager’s office and laundry facilities for tenants only; and
      (5)   Residential care facilities, and the licensing requirement in O.R.S. 197.660 through 197.670.
   (C)   Conditional uses. The following conditional uses may be permitted subject to a conditional use permit as per § 152.071:
      (1)   Any conditional use permitted in a Residential Medium District, R-5.0 Zone, except as otherwise provided by division (B) above;
      (2)   Commercial retail, not exceeding 3,000 square feet per use. All activities and uses shall be fully enclosed within a building, except that limited outdoor display along the sidewalk shall be permitted provided that such display does not exceed 50% of the front building facade and the display does not conflict with Americans With Disabilities Act, being 42 U.S.C. §§ 12101 et seq., requirements;
      (3)   Commercial services, not to exceed 3,000 square feet per use. All activities and uses shall be fully enclosed within a building;
      (4)   Residential uses in conjunction with another permitted or conditional use;
      (5)   Nursing homes/housing for the elderly or handicapped subject to the requirements of § 152.051;
      (6)   Hospital, laboratory, orthopedic supply house, sanitarium, except animal hospital and clinic;
      (7)   Pharmacy within 400 feet of a hospital or clinic and containing less than 5,000 square feet of floor area;
      (8)   Club, lodge and fraternal organizations except those carried on as a business for profit;
      (9)   Manufactured dwelling parks subject to the requirements of § 152.051;
      (10)   Recreational vehicle parks subject to the requirements of § 152.051 and the following:
         (a)   Public recreational and accessory uses intermingled with the development; and
         (b)   Recreational vehicle storage for use by residents of a recreational vehicle park development within which the storage facility is located.
      (11)   Mortuaries;
      (12)   Recreational and accessory commercial uses intermingled with a residential development (including, but not limited to, ball fields, golf courses, other recreational uses and uses accessory to such uses, including, but not limited to, restaurants associated with such recreational use or uses, club house, driving range, putting greens, pro shop, meeting facilities, swimming pools, tennis and basketball courts, snack shop, walking paths and jogging/bike trails); and
      (13)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.070.
   (D)   Development standards. The following standards apply to all new development.
DEVELOPMENT STANDARDS
Standard
Requirement
Notes
DEVELOPMENT STANDARDS
Standard
Requirement
Notes
Minimum density
8 dwellings units per acre
Density is calculated by dividing the number of dwelling units by the property area in acres (minus area required for street right-of-way). Decimals are rounded to the nearest whole number.
Maximum density
60 dwelling units per acre
Maximum density does not apply to duplexes, triplexes, quadplexes, townhouses or cottage clusters.
Maximum height
45 feet
See exceptions in § 152.050(C).
Minimum lot area; all except
1,452 square feet
 
Triplexes
2,200 square feet
 
Quadplexes, cottage clusters
2,900 square feet
 
Minimum lot width; all except
30 feet
Lot width may be reduced further for rear lot developments, in accordance with §§ 152.072(C)(16).
Townhouses
20 feet
 
Minimum front yard setback
10 feet 1
See § 152.053(E) for garage setbacks.
Minimum street side yard setback
10 feet 1
 
Minimum side yard setback; all except
5 feet 1
 
Townhouses
5 feet exterior wall 1
0 feet common wall lot line where units are attached
 
Minimum rear yard setbacks
5 feet 1
 
Note 1: No minimum setbacks shall apply to properties located within 500 feet of Central Commercial zoned property.
 
   (E)   Off-street parking. Off-street parking shall be provided as required in § 152.054, unless the subject property is located within 500 feet of Central Commercial zoned property and on-street parking exists or can be made available on its frontage, in which case, no on-site parking shall be required.
   (F)   Other required conditions.
      (1)   See § 152.051 where applicable.
      (2)   All activities and uses within the R-O District must be conducted wholly within an enclosed building, except as provided in division (C)(2) above.
      (3)   Nothing herein contained shall be deemed to prohibit the use of vacant property or prohibit the secondary/accessory use of the subject property for gardening or fruit raising for subsistence or commercial purposes.
      (4)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.071.
      (5)   New development or substantial remodel of the following is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070:
         (a)   Multiple-family dwellings; and
         (b)   Residential care facilities, and the licensing requirement in O.R.S. 197.660 through 197.670.
      (6)   All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999

§ 152.019 NEIGHBORHOOD COMMERCIAL DISTRICT (N-C DISTRICT).

   (A)   Purpose. This district is intended to provide for the location of small businesses and services in residential sections of the city for the convenience of nearby residents; also to recognize existing uses of this type within the city. New N-C Districts have a maximum area of 40,000 square feet of contiguous land. The businesses are intended to fit into the residential pattern of development and not create either land use, architectural or traffic conflicts. The above site sizes for new N-C Districts and the following regulations are intended to protect the residential environment.
   (B)   Uses permitted outright. The following uses are permitted in the N-C District:
      (1)   Any commercial enterprise, provided the floor area of every such use does not exceed 7,000 square feet, except grocery stores which shall not exceed 10,000 square feet;
      (2)   Multiple-family dwellings, triplexes, and quadplexes;
      (3)   Residential care homes and facilities, and the licensing requirement in O.R.S. 197.660 through 197.670;
      (4)   Residential uses in conjunction with another permitted use;
      (5)   Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities, are permitted; and
      (6)   Bed and breakfast establishments which are consistent with § 152.051.
   (C)   Conditional uses. The following conditional uses may be permitted subject to a conditional use permit:
      (1)   Any public facility as defined in the development code;
      (2)   Planned unit developments subject to the provisions of § 152.072;
      (3)   Rear lot development subject to § 152.072;
      (4)   Nursing homes subject to § 152.051; and
      (5)   Recreational and accessory uses (including, but not limited to, ball fields, golf courses, other recreational uses and uses accessory to such uses including, but not limited to, restaurants associated with such recreational use or uses, club house, driving range, putting greens, pro shop, meeting facilities, swimming pools, tennis and basketball courts, snack shop, walking paths and jogging/bike trails).
   (D)   Height regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 45 feet in height. For exceptions, see § 152.050.
   (E)   Lot requirements and design. The following lot requirements and design standards shall be observed and apply to all new development. (Note: Residential uses are required to comply with all lot requirements of the R-O Zoning District.)
      (1)   Lot area. No minimum requirements. Maximum of 40,000 square feet.
      (2)   Lot width.
         (a)   Each lot for an attached dwelling or business shall have a minimum width of 20 feet.
         (b)   Each lot for a detached dwelling or business shall have a minimum width of 50 feet.
         (c)   The lot width may be reduced further for rear lot development.
      (3)   Lot depth. No requirements.
      (4)   Front yard. The front yard setback shall be a minimum of 20 feet. Corner lot front yard setbacks, one side must have a minimum of ten feet. Front yard setbacks may be reduced to ten feet for an enclosed porch, portico or other architectural feature that is connected directly to a building entrance.
      (5)   Side yard. None, except when a side lot line is abutting a lot in an R-7.5, R-5.0 or R-O District, then the side yard shall be a minimum of ten feet. The portions of buildings or structures along a required side yard which are above the 20 foot height must be inset an additional one-half foot for each foot of height exceeding 20 feet.
      (6)   Rear yard. None, except when a rear lot line is abutting a lot in an R-7.5, R-5.0 or R-O District, then the rear yard shall be a minimum of ten feet. The portions of buildings or structures along a required side yard which are above the 20 foot height must be inset an additional one-half foot for each foot of height exceeding 20 feet.
      (7)   Site and building design. Site and building design shall meet the requirements listed in § 152.052 and § 152.053, and the following.
         (a)   Address numbers on buildings are oriented towards the street for clear identification of the building.
         (b)   Buildings and their entrances shall be oriented towards the street for pedestrian circulation, safety and crime prevention except if conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property.
         (c)   Vehicle/pathway separation for residential buildings larger than a duplex, and commercial buildings. Where pathways are parallel and adjacent to a driveway or street (public or private), they shall be raised six inches and curbed, or separated from the driveway/street by a five-foot minimum strip with bollards, a landscape berm or other physical barrier. If a raised path is used, the ends of the raised portions must be equipped with curb ramps.
         (d)   Parking lots, for residential buildings larger than a duplex and commercial buildings, are located at the side or rear of (or under) buildings for reduced interrupted pedestrian circulation and safety and site appearance.
         (e)   Garages accessed by the alley may be provided for residential uses to reduce the dominance of the garage and automobile presence on the property, and improve attractive and pedestrian-friendly streetscapes.
         (f)   Alleys are encouraged in new development. Alleys may be provided under recorded access easements and do not count against required minimum lot area.
         (g)   Permanent solid waste containers and receptacles shall be screened away from public view.
         (h)   Address numbers on buildings are oriented towards the street for clear identification of the building.
         (i)   Pedestrian and bicycle access and circulation:
            1.   Continuous pathways. The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent trails, public parks and open space areas whenever possible. The developer may also be required to connect or stub pathway(s) to adjacent streets and private property, in accordance with the provisions of this Development Code.
            2.   Safe, direct and convenient pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances, and all adjacent streets.
            3.   Pathway connectivity. Pathways (for pedestrians and bicycles) shall be provided at or near mid-block where the block length exceeds the length required by street standard of § 152.052. Pathways shall also be provided where cul-de-sacs or dead-end streets are planned, to connect the ends of the streets together, to other streets and/or to other developments as per cul-de-sac standards of § 152.051. Pathways used to comply with these standards shall conform to all of the following criteria:
               a.   Multi-use pathways (i.e., for pedestrians and bicyclists) are no less than six-feet wide and located within a ten-foot right-of-way or easement that allows access for emergency vehicles; and
               b.   If surrounding streets are lighted, pathways shall also be adequately lit.
   (F)   Signs. As per § 152.055.
   (G)   Off-street parking and loading. Off-street parking and loading space shall be provided as required in § 152.054.
   (H)   Other required conditions.
      (1)   No single business shall have a floor area exceeding 7,000 square feet, except grocery stores.
      (2)   All uses shall be conducted wholly within an enclosed building, except for off-street parking and loading facilities.
      (3)   In any N-C District directly across the street or abutting any R-7.5, R-5.0 or R-O District, the parking and loading area shall be set back at least ten feet from the street right-of-way. These areas shall be appropriately landscaped either along the residential street frontage, side yard or rear yard to protect the character of adjoining and adjacent residential property. Such landscaping shall be maintained.
      (4)   See § 152.051, applying to special uses where applicable.
      (5)   Nothing herein contained shall be deemed to prohibit the use of vacant property or prohibit the secondary/accessory use of the subject property for urban farming gardening or fruit raising for subsistence or commercial purposes.
      (6)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.070.
      (7)   New development or substantial remodel is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070.
      (8)   All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999

§ 152.020 HIGHWAY COMMERCIAL DISTRICT (H-C DISTRICT).

   (A)   Purpose. This district is intended to provide for those commercial uses which are appropriate to major thoroughfare or highway locations, and are dependent upon thoroughfare travel, and for those establishments that require large land areas.
   (B)   Uses permitted outright. The following uses are permitted in the H-C District:
      (1)   Any commercial enterprise conducted in accordance with the provisions of this section;
      (2)   Accessory uses and buildings customarily appurtenant to a permitted use, or approved conditional use, such as incidental storage are permitted;
      (3)   Government facilities;
      (4)   Rest stops or waysides; and
      (5)   Urban farming, gardening, horticulture, field crops, orchards, berries, nursery or flower stock and other agricultural uses for subsistence or commercial purposes, as described in § 152.051;
   (C)   Conditional use. The following conditional uses may be permitted subject to a conditional use permit as per § 152.071:
      (1)   Multiple-family dwellings;
      (2)   A caretaker’s dwelling, accessory or incidental to a use on the subject property;
      (3)   Manufactured dwelling parks subject to the requirements of § 152.051; and
      (4)   Recreational vehicle parks subject to the requirements of § 152.051.
   (D)   Height regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 45 feet. For exceptions, see § 152.050(C).
   (E)   Lot, site development and building design requirements. The following lot requirements and design standards shall be observed and apply to all new development.
      (1)   Building sites.
         (a)   Size and shape. The size, shape, width and orientation of building sites shall be appropriate for the type of development and use contemplated, and shall be consistent with the lot size provisions as per site plan review.
         (b)   Lot and parcel side lines. The lines of lots and parcels, as far as practicable, shall run at right angles to the street upon which they face, except that on curved streets they shall run radial to the curve.
      (2)   Site and building design. The following site and building design standards are required.
         (a)   Buildings and their entrances shall be oriented towards the street for pedestrian circulation, safety and crime prevention except if conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property.
         (b)   Unless otherwise provided, required parking and loading spaces may be located in a required front yard where parking and loading may occur in all but the first ten feet of yard area from any public right-of-way. Parking spaces may be located within a required side or rear yard.
         (c)   Alleys are encouraged in new development. Alleys may be provided under recorded access easements and do not count against required minimum lot area.
         (d)   Permanent solid waste containers and receptacles shall be screened away from public view.
         (e)   Address numbers on buildings are oriented towards the street for clear identification of the building.
         (f)   Pedestrian and bicycle access and circulation:
            1.   Continuous pathways. The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent trails, public parks and open space areas whenever possible. The developer may also be required to connect or stub pathway(s) to adjacent streets and private property, in accordance with the provisions of this Development Code.
            2.   Safe, direct and convenient pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances, and all adjacent streets.
            3.   Pathway connectivity. Pathways (for pedestrians and bicycles) shall be provided at or near mid-block where the block length exceeds the length required by street standard of § 152.052. Pathways shall also be provided where cul-de-sacs or dead-end streets are planned, to connect the ends of the streets together, to other streets and/or to other developments as per cul-de-sac standards of § 152.051. Pathways used to comply with these standards shall conform to all of the following criteria:
               a.   Multi-use pathways (i.e., for pedestrians and bicyclists) are no less than six feet wide and located within a ten foot right-of-way or easement that allows access for emergency vehicles; and
               b.   If surrounding streets are lighted, pathways shall also be adequately lit.
   (F)   Signs. As per § 152.055.
   (G)   Access requirements. Access requirements will be determined on the basis of the traffic capacity analysis as per § 152.052, and the city’s Transportation System Plan.
   (H)   Off-street parking and loading. Off-street parking and loading space shall be provided as required in § 152.054.
   (I)   Other required conditions.
      (1)   All business, service, repair, processing, storage or merchandise display on property abutting or across the street from a lot in an R-7.5, R-5.0 or R-O District shall be conducted wholly within an enclosed building unless screened from the “R” District by a sight-obscuring fence or wall not less than six feet nor more than eight feet in height. Said fence or wall shall not extend into a required front yard area.
      (2)   Motor vehicle, boat or trailer rental, sales or storage lot shall be drained and surfaced with rock or pavement, except in those portions of the lot maintained as landscaped areas.
      (3)   Solid waste containers and receptacles shall be screened and away from public view.
      (4)   Separate stores, shops, businesses, offices or establishments owned and/or operated separately which are parts of shopping mall or shopping center concept or complex may only contain permitted uses as defined in this section.
      (5)   The emission of disturbing vibrations or of unpleasant odorous gases or matter in such quantity or at such amplitude as to be readily detectable at any point beyond the property line of the use creating the vibrations or odors is prohibited.
      (6)   All uses in the H-C District shall be carried on in such a manner that they do not create smoke, gas, odor, dust, sound, vibration, soot, heat, glare or lighting to a degree which might be obnoxious or offensive to persons residing in or conducting business in this or any other district.
      (7)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.071.
      (8)   New development or substantial remodel is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070.
      (9)   All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999

§ 152.021 CENTRAL COMMERCIAL DISTRICT (C-C DISTRICT).

   (A)   Purpose. This district is intended to serve as the central trading area for the city and surrounding urbanized areas.
   (B)   Uses permitted outright. The following uses are permitted in the C-C District:
      (1)   Any commercial enterprise conducted in accordance with the provisions of this section;
      (2)   Accessory uses and buildings customarily appurtenant to a permitted or approved conditional use, such as incidental storage, are permitted;
      (3)   Single-family and multiple-family residential uses that are located on the upper story or occupy less than 25% of the ground floor of commercial buildings, provided that commercial storefronts are maintained on the street front; and
      (4)   Light fabrication and assembly processing businesses that have a retail component and that follow the uses permitted outright in § 152.022(B)(1) and (B)(2) which do not generate noise, odor, vibration, dust or hazard outside of the property.
   (C)   Conditional uses. The following conditional uses may be permitted subject to a conditional use permit:
      (1)   Any public facility;
      (2)   Housing for the elderly or handicapped person subject to § 152.051(N);
      (3)   Circuses, carnivals, animal rides, animal displays, amusement rides, flea markets or Christmas tree lots subject to § 152.051(H);
      (4)   Cemetery, crematory, mausoleum or columbarium subject to § 152.051(F); and
      (5)   Bed and breakfast establishments which are consistent with § 152.051(E).
   (D)   Height regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 100 feet. For exceptions, see § 152.050.
   (E)   Lot, site development and building design requirements. The following lot requirements and design standards shall be observed and apply to all new development.
      (1)   Lot area. No requirements.
      (2)   Lot width. No requirements.
      (3)   Lot depth. No requirements.
      (4)   Front yard. None, except on corners where the setback shall be ten feet.
      (5)   Side yard. None, except when a side lot line is abutting a R-7.5, R-5.0 or R-O District. Then the side yard shall be a minimum of ten feet. The required side yard shall be increased by one-half foot for each foot exceeding 35 feet of building height.
      (6)   Rear yard. None, except when a rear lot line is abutting a R-7.5, R-5.0 or R-O District. Then the side yard shall be a minimum of ten feet. The required rear yard shall be increased by one-half foot for each foot exceeding 35 feet of building height.
      (7)   Site and building design. The following site and building design standards are required.
         (a)   Buildings and their entrances shall be oriented towards the street for pedestrian circulation, safety and crime prevention, except if conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property.
         (b)   Parking lots are located at the side or rear of (or under) buildings for reduced interrupted pedestrian circulation and safety and site appearance.
         (c)   Alleys are encouraged in new development. Alleys may be provided under recorded access easements and do not count against required minimum lot area.
         (d)   Permanent solid waste containers and receptacles shall be screened away from public view.
         (e)   Address numbers on buildings are oriented towards the street for clear identification of the building.
         (f)   Building sites.
            1.   Size and shape. The size, shape, width and orientation of building sites shall be appropriate for the type of development and use contemplated, and shall be consistent with the residential lot size provisions of the zoning ordinance.
            2.   Lot and parcel side lines. The lines of lots and parcels, as far as practicable, shall run at right angles to the street upon which they face, except that on curved streets they shall radial to the curve.
            3.   Large building sites. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the Planning Commission may require that the blocks be of such size and shape, be so divided into building sites and contain such site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size.
         (g)   Pedestrian and bicycle access and circulation.
            1.   Continuous pathways. The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent trails, public parks and open space areas whenever possible. The developer may also be required to connect or stub pathway(s) to adjacent streets and private property, in accordance with the provisions of this chapter.
            2.   Safe, direct and convenient pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances, and all adjacent streets.
            3.   Pathway connectivity. Pathways (for pedestrians and bicycles) shall be provided at or near mid-block where the block length exceeds the length required by street standard of § 152.052. Pathways shall also be provided where cul-de-sacs or dead-end streets are planned, to connect the ends of the streets together, to other streets and/or to other developments as per cul-de-sac standards of § 152.052. Pathways used to comply with these standards shall conform to all of the following criteria.
               a.   Multi-use pathways (i.e., for pedestrians and bicyclists) are no less than six-feet wide and located within a ten-foot right-of-way or easement that allows access for emergency vehicles.
               b.   If surrounding streets are lighted, pathways shall also be adequately lit.
      (8)   Lot coverage. No requirements, only that all other lot and parking requirements are met.
   (F)   Signs. Permitted as per § 152.055.
   (G)    Off-street parking and loading. Off-street parking and loading spaces or an equivalent as accepted by the Planning Commission shall be provided as required in § 152.054. Exception: the parking and loading requirements shall be exempted from the area contained by the C-4 District, as shown on the map below.
 
   (H)   Other required conditions.
      (1)   All uses, excepting automobile, truck, trailer and boat sales, car washes, automobile service stations and drive-up windows shall be conducted wholly within an enclosed building.
      (2)   In any C-C district directly across the street or abutting any R-7.5, R-5.0 or R-O District, the parking and loading area shall be set back at least ten feet from the street right-of-way. These areas shall be appropriately landscaped either along the residential street frontage, side yard or rear yard to protect the character of adjoining and adjacent residential property. Such landscaping shall be maintained.
      (3)   Site plan review as per § 152.070.
      (4)   The emission of disturbing vibrations or of unpleasant odorous gases or matter in such quantity or at such amplitude as to be readily detectable at any point beyond the property line of the use creating the vibrations or odors is prohibited.
      (5)   All uses in the C-C District shall be carried on in such a manner that they do not create smoke, gas, odor, dust, sound, vibration, soot, heat, glare or lighting to a degree which might be obnoxious or offensive to persons residing in or conducting business in this or any other district.
      (6)   Nothing herein contained shall be deemed to prohibit the use of vacant property or secondary/accessory use of the subject property for urban farming for subsistence or commercial uses. Also see § 152.051, applying to special uses where applicable.
      (7)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.071.
      (8)   New development or substantial remodel is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070.
      (9)   All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018; Ord. 1349, passed 8-19-2019; Ord. 050525A, passed 5-19-2025) Penalty, see § 152.999

§ 152.022 LIGHT INDUSTRIAL DISTRICT (L-I DISTRICT).

   (A)   Purpose. This district is intended to provide for those heavier commercial and light industrial uses, high tech processing and assembly, warehousing, related office and research facilities as well as small scale cottage industries located in existing built-up areas of the city.
   (B)   Uses permitted outright. The following uses are permitted in the L-I District:
      (1)   Commercial activities (as listed below):
         (a)   Building/landscaping material sales and supplies including lumberyards, nurseries and greenhouses;
         (b)   Special trade contractor facilities for plumbing, roofing, sheet metal, electrical, heating and air conditioning, tents and awnings, cabinet and carpentry and similar construction and construction related activities. This includes the establishment of a sales office, storage of equipment and materials and fabrication and repair for the special trade;
         (c)   Automobile sales and service station, including towing services and vehicle washing and polishing facilities;
         (d)   New and used automobile, truck, motorcycle, trailer, recreational vehicle, agricultural vehicle, mobile home, industrial equipment and boat sales, services and storage;
         (e)   Retail tire sales and tire recapping, service and repair, painting and body shop;
         (f)   Bulk cleaning and laundry plants and services;
         (g)   Feed and seed stores, and wholesale distribution facilities;
         (h)   Welding shop and blacksmith; and
         (i)   Mini-storage with a maximum storage unit size of 1,000 square feet.
      (2)   Any light industrial use conducted in accordance with the provisions of this section. These uses include:
         (a)   Cabinet shops;
         (b)   Custom manufacturing - ceramic studios, candle-making shops or custom jewelry manufacture;
         (c)   Machine shops;
         (d)   Manufacturing, assembly, testing, research and repair of components, devices, equipment and systems of an electronic or electromechanical nature and precision equipment;
         (e)   Manufacturing, compounding, bottling, processing packaging or treatment of food and beverage products;
         (f)   Manufacturing, compounding, processing, printing, assembling, packaging, treatment or fabrication, or such facilities to include cosmetics, drugs, glass, leather, paint, ceramics, paper, perfume, plaster, plastics, stone, textiles, rubber, wood, metal products and chemicals;
         (g)   Freight terminals, including moving and storage, warehouse for short term storage, including mini-warehouse and cold storage; and
         (h)   Wholesaling, storage and distribution such as RV storage, household storage and personal storage.
      (3)   Accessory uses and buildings customarily appurtenant to a permitted or conditional use, such as:
         (a)   Incidental storage, garages, sheds for storage;
         (b)   Dwelling units for caretakers and night watchmen are permitted as accessory uses when incidental to a permitted use; and
         (c)   Single-family (attached or detached) dwellings, multi-family dwellings, for permanent live/work conditions, with either a use permitted through a site plan review or a use permitted as a conditional use.
      (4)   Urban farming, gardening, horticulture, field crops, orchards, berries, nursery or flower stock and other agricultural uses for subsistence or commercial purposes, as described in § 152.051.
   (C)   Conditional uses. The following conditional uses may be permitted subject to a conditional use permit:
      (1)   Any public facility, as defined in this chapter, subject to the requirements of § 152.051 (including § 152.051(F), cemetery, crematory, mausoleum, columbarium; § 152.051(H), circuses, carnivals, animal rides, animal displays, amusement rides, flea markets, Christmas tree lots; § 152.051(T), nursery school, kindergarten and child care centers);
      (2)   Communication services and facilities including wireless communication facilities (as listed in § 152.051);
      (3)   Professional or business service establishment; and
      (4)   Retail sales establishment.
   (D)   Height regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 45 feet. For exceptions, see § 152.050.
   (E)   Lot requirements. The following lot requirements shall be observed:
      (1)   Minimum lot area. 5,000 square feet;
      (2)   Minimum lot width. 50 feet;
      (3)   Lot depth. Each lot shall have a minimum depth of 100 feet;
      (4)   Front yard. None, except when a side lot line is abutting a lot in an R-7.5, R-5.0 or R-O District, then the front yard shall be the front yard required in the abutting “R” District;
      (5)   Side yard. None, except when a side lot line is abutting a R-7.5, R-5.0 or R-O District, then the side yard shall be a minimum of 20 feet. The portions of buildings or structures along a required side yard which are above the 20 foot height must be inset an additional one-half foot for each foot of height exceeding 20 feet;
      (6)   Rear yard. None, except when a rear lot line is abutting a R-7.5, R-5.0 or R-O District, then the rear yard shall be a minimum of 20 feet. The portions of buildings or structures along a required rear yard which are above the 20 foot height must be inset an additional one-half foot for each foot of height exceeding 20 feet;
      (7)   Lot coverage. No requirements; and
      (8)   Site and building design. The following site and building design standards are required.
         (a)   Buildings and their entrances shall be oriented towards the street for pedestrian circulation, safety and crime prevention except if the entrance and opening to structures on sides adjacent to or across the street from an R-7.5, R-5.0 or R-O District cause glare, excessive noise or similar conditions and have an adverse effect on property in the R- 7.5, R-5.0 or R-O District.
         (b)   Garages accessed by the alley may be provided to reduce the dominance of the garage and automobile presence on the property, and improve attractive and pedestrian-friendly streetscapes.
         (c)   Alleys are encouraged in new development. Alleys may be provided under recorded access easements and do not count against required minimum lot area.
         (d)   Permanent solid waste containers and receptacles shall be screened away from public view.
         (e)   Address numbers on buildings are oriented towards the street for clear identification of the building.
         (f)   Building sites.
            1.   Size and shape. The size, shape, width and orientation of building sites shall be appropriate for the type of development and use contemplated, and shall be consistent with the lot size provisions as per site plan review.
            2.   Lot and parcel side lines. The lines of lots and parcels, as far as practicable, shall run at right angles to the street upon which they face, except that on curved streets they shall radial to the curve.
   (F)   Signs. Permitted as per § 152.055.
   (G)   Off-street parking and loading. Off-street parking and loading space shall be provided as required in § 152.054.
   (H)   Other required conditions.
      (1)   All business, service, repair, processing, manufacturing, compounding, assembling, packaging, treatment, fabrication, bottling, packaging, storage or merchandise display on property abutting or across the street from a lot in a R-7.5, R-5.0 or R-O District shall be conducted wholly within an enclosed building unless screened from the “R” District by a sight-obscuring fence or wall.
      (2)   Opening to structures on sides abutting to or across the street from a lot in a R-7.5, R-5.0 or R-O District shall be prohibited if such access or openings will cause glare, excessive noise or similar conditions so as to have an adverse effect on property in the R-7.5, R-5.0 or R-O District.
      (3)   Motor vehicle, boat or trailer rental, sales or storage lot shall be drained and surfaced with rock or pavement except in those portions of the lot maintained as landscaped areas.
      (4)   In an L-I District directly across the street from a lot in a R-7.5, R-5.0 or R-O District, the parking and loading area and outdoor display or storage areas shall be set back at least ten feet from the right-of-way, and said areas shall be appropriately landscaped along the residential street frontage to protect the character of the adjoining residential property. Such landscaping shall be maintained.
      (5)   Access point from a public road to properties in an L-I District shall be so located as to minimize traffic congestion and to avoid directing traffic onto local access streets of a primarily residential character.
      (6)   All materials, including wastes, shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create health or fire hazards.
      (7)   The emission of disturbing vibrations or of unpleasant odorous gases or matter in such quantity or at such amplitude as to be readily detectable at any point beyond the property line of the use creating the vibrations or odors is prohibited.
      (8)   All uses in the L-I District shall be carried on in such a manner that they do not create smoke, gas, odor, dust, sound, vibration, soot, heat, glare or lighting to a degree which might be obnoxious or offensive to persons residing in or conducting business in this or any other district.
      (9)   See § 152.051 applying to special uses where applicable.
      (10)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.071.
      (11)   New development or substantial remodel is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070.
      (12)   All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018) Penalty, see § 152.999

§ 152.023 GENERAL INDUSTRIAL DISTRICT (G-I DISTRICT).

   (A)   Purpose. This district is intended to provide for the establishment of light and heavier industrial uses essential to the development of a balanced economic base in an industrial environment with a minimum conflict between industrial uses and residential and light commercial uses.
   (B)   Uses permitted outright. The following uses are permitted in the G-I District:
      (1)   Any outright permitted use in a Light Industrial, L-I Zone and conducted in accordance with the provisions of this section;
      (2)   Any accessory use permitted in a Light Industrial Zone is permitted when accessory to a permitted use or an approved conditional use;
      (3)   Automotive and equipment: automotive wrecking yard;
      (4)   Automotive and equipment: repairs, heavy equipment - truck transmission shops, body shops or motor freight maintenance groups;
      (5)   Automotive and equipment: sales/rentals, heavy equipment - aircraft dealers, boat dealers or heavy construction equipment dealers;
      (6)   General industrial - manufacturing, compounding, processing, publishing, assembling, packaging, treatment or fabrication of materials and property, cabinet shops, textiles and metal fabrication;
      (7)   Heavy industrial - processing of raw materials and tannery;
      (8)   Scrap operations - junk yards, paper salvage yards, auto salvage yards or appliance salvage yards;
      (9)   Solid waste transfer facility or recycling depots;
      (10)   Wholesaling, storage and distribution: heavy - monument or stone yards, grain elevators, open storage yards or petroleum storage facilities; and
      (11)   Wholesaling, storage and distribution: storage in association with an authorized manufacturing operation.
   (C)   Conditional uses. The following conditional uses may be permitted subject to a conditional use permit as per § 152.071:
      (1)   Any public facility, including those listed in § 152.033;
      (2)   Any commercial service or commercial retail use not exceeding 3,000 square feet of gross floor area that is part of a mixed use with any other permitted or conditional use identified in this section provided that the uses are demonstrated to meet both of the following conditions and the criteria listed in § 152.071:
         (a)   Compatible with other uses on the proposed site; and
         (b)   Compatible with other existing or planned adjacent uses.
      (3)   Communication services and facilities including wireless communication facilities (as listed in § 152.051).
   (D)   Height regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 100 feet. For exceptions, see §§ 152.022, 152.050 and 152.070.
   (E)   Lot requirements. The following lot requirements shall be observed:
      (1)   Minimum lot area. 5,000 square feet;
      (2)   Minimum lot width. 50 feet;
      (3)   Lot depth. Each lot shall have a minimum depth of 100 feet;
      (4)   Front yard. None, except when a front lot line is abutting a lot in an R-7.5, R-5.0 or R-O District, then the front yard shall be the front yard required in the abutting “R” District;
      (5)   Side yard. None, except when a side lot line is abutting a lot in an R-7.5, R-5.0 or R-O District, then the side yard shall be a minimum of 20 feet. The portions of buildings or structures along a required side yard which are above the 20 foot height must be inset an additional one-half foot for each foot of height exceeding 20 feet;
      (6)   Rear yard. None, except when a rear lot line is abutting a lot in an R-7.5, R-5.0 or R-O District, then the rear yard shall be a minimum of 20 feet. The portions of buildings or structures along a required rear yard which are above the 20 foot height must be inset an additional one-half foot for each foot of height exceeding 20 feet;
      (7)   Lot coverage. No requirements; and
      (8)   Site and building design. The following site and building design standards are required.
         (a)   Buildings and their entrances shall be oriented towards the street for pedestrian circulation, safety and crime prevention except if the entrance and opening to structures on sides adjacent to or across the street from an R-7.5, R-5.0 or R-O District if such access or openings cause glare, excessive noise or similar conditions and have an adverse effect on property in the R-7.5, R-5.0 or R-O District.
         (b)   Alleys are encouraged in new development. Alleys may be provided under recorded access easements and do not count against required minimum lot area.
         (c)   Permanent solid waste containers and receptacles shall be screened away from public view.
         (d)   Address numbers on buildings are oriented towards the street for clear identification of the building.
         (e)   Building sites.
            1.   Size and shape. The size, shape, width and orientation of building sites shall be appropriate for the type of development and use contemplated, and shall be consistent with the lot size provisions as per site plan review.
            2.   Lot and parcel side lines. The lines of lots and parcels, as far as practicable, shall run at right angles to the street upon which they face, except that on curved streets they shall radial to the curve.
   (F)   Signs. Permitted as per § 152.055.
   (G)   Off-street parking and loading. Off-street parking and loading space shall be provided as required in § 152.054.
   (H)   Other required conditions.
      (1)   All business, service, repair, processing, storage or merchandise display on property abutting or across the street from a lot in a R-7.5, R-5.0 or R-O District shall be conducted wholly within an enclosed building unless screened from the R-7.5, R-5.0 or R-O District by a sight-obscuring fence or wall.
      (2)   Opening to structures on sides adjacent to or across the street from an R-7.5, R-5.0 or R-O District shall be prohibited if such access or openings will cause glare, excessive noise or similar conditions so as to have an adverse effect on property in the R-7.5, R-5.0 or R-O District.
      (3)   Motor vehicle, boat or trailer rental, sales or storage lot shall be drained and surfaced with rock or pavement except in those portions of the lot maintained as landscaped areas. The above listed along the frontage, side and rear yard (rear yard where applicable) shall use landscaping to protect and maintain the character of the adjoining property and frontage area. Such landscaping shall be maintained.
      (4)   In any G-I District directly across the street from or abutting a R-7.5, R-5.0 or R-O District, the parking and loading area and outdoor display or storage areas shall be set back at least ten feet from the right-of-way, and said areas shall be appropriately landscaped along the residential street frontage and side yards, to protect the character of the adjoining residential property. Such landscaping shall be maintained.
      (5)   Access point from a public road to properties in an G-I District shall be located as to minimize traffic congestion and to avoid directing traffic onto local access streets of a primarily residential character. See site plan criteria as per § 152.070.
      (6)   All materials, including wastes, shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create health or fire hazards.
      (7)   Nothing herein contained shall be deemed to prohibit the use of vacant property or prohibit the secondary/accessory use of the subject property for urban farming for subsistence or commercial purposes.
      (8)   See § 152.051 applying to special uses where applicable.
      (9)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.070.
      (10)   New development or substantial remodel is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070.
      (11)   All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018) Penalty, see § 152.999

§ 152.024 PUBLIC AND SEMI-PUBLIC DISTRICT (P & S-P DISTRICT).

   (A)   Purpose. To recognize existing public facility land use and areas for those uses which generate large public gatherings, and to provide for the development of public facility services and other public-oriented uses.
   (B)   Permitted uses. The following uses listed below are allowed permitted in the P & S-P District:
      (1)   Fairgrounds;
      (2)   Granges and fraternal organizations’ meeting halls;
      (3)   Public/semi-public schools (including colleges);
      (4)   Churches;
      (5)   Parks;
      (6)   City, county and state school offices;
      (7)   Public/semi-public convention centers;
      (8)   Maintenance and operation of existing structures;
      (9)   Accessory uses/accessory structure customarily appurtenant to a permitted or approved conditional use; and
      (10)   Urban farming, gardening, horticulture, field crops, orchards, berries, nursery or flower stock and other agricultural uses for subsistence or commercial purposes, as described in § 152.051.
   (C)   Conditional uses. The following conditional uses may be permitted subject to a conditional use permit:
      (1)   Public offices, including outdoor storage and maintenance facilities;
      (2)   Motor and non-motorized race track and/or events, and similar uses;
      (3)   Utility substations;
      (4)   Water and sewer pumping facilities;
      (5)   Golf courses, including miniature golf; and
      (6)   Public facilities (as defined in § 152.003).
   (D)   Dimensional standards.
      (1)   Height regulations: none.
      (2)   Lot requirements: none.
   (E)   Development standards.
      (1)   Off-street parking and loading. Off-street parking in the P & S-P District shall conform to the standards and criteria as set in § 152.054. Surfaced parking areas shall not be required for short-term uses that generate large parking requirements and shall meet the standards set in division (E)(4) below.
      (2)   Signs. Signs in the P & S-P District shall conform to the standards and criteria as per set in § 152.055.
      (3)   Design review, site and general development. All new development or expansion of an existing structure or use in the P & S-P shall be subject to the standards and criteria as set in § 152.052 and § 152.053.
      (4)   Site and building design. The following site and building design standards are required.
         (a)   Buildings and their entrances shall be oriented towards the street for pedestrian circulation, safety and crime prevention except if conditions such as lot size, shape, topography or other circumstances over which the applicant has no control apply to the property.
         (b)   Parking lots are located at the side or rear of (or under) buildings for reduced interrupted pedestrian circulation and safety and site appearance.
         (c)   Garages accessed by the alley may be provided to reduce the dominance of the garage and automobile presence on the property, and improve attractive and pedestrian-friendly streetscapes.
         (d)   Alleys are encouraged in new development. Alleys may be provided under recorded access easements and do not count against required minimum lot area.
         (e)   Permanent solid waste containers and receptacles shall be screened away from public view.
         (f)   Address numbers on buildings are oriented towards the street for clear identification of the building.
         (g)   Building sites.
            (1)   Size and shape. The size, shape, width and orientation of building sites shall be appropriate for the type of development and use contemplated, and shall be consistent with the lot size provisions as per site plan review.
            (2)   Lot and parcel side lines. The lines of lots and parcels, as far as practicable, shall run at right angles to the street upon which they face, except that on curved streets they shall radial to the curve.
         (h)   Pedestrian and bicycle access and circulation.
            1.   Continuous pathways. The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent trails, public parks and open space areas whenever possible. The developer may also be required to connect or stub pathway(s) to adjacent streets and private property, in accordance with the provisions of this Development Code.
            2.   Safe, direct and convenient pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances, and all adjacent streets.
            3.   Pathway connectivity. Pathways (for pedestrians and bicycles) shall be provided at or near mid-block where the block length exceeds the length required by street standard of § 152.052. Pathways shall also be provided where cul-de-sacs or dead-end streets are planned, to connect the ends of the streets together, to other streets and/or to other developments as per cul-de-sac standards of § 152.052. Pathways used to comply with these standards shall conform to all of the following criteria:
               a.   Multi-use pathways (i.e.,for pedestrians and bicyclists) are no less than six-feet wide and located within a ten-foot right-of-way or easement that allows access for emergency vehicles; and
               b.   If surrounding streets are lighted, pathways shall also be adequately lit.
      (5)   Access requirements and management. Access requirements and management will be determined on the basis of the traffic capacity analysis, as per § 152.070(H)(1); access management standards, as per § 152.052(I); and the city’s Transportation System Plan.
      (6)   Land divisions. All partitioning, subdividing and planned unit development shall be subject to the procedures, standards and criteria as set in § 152.072.
         (a)   Large building sites. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the Planning Commission may require that the blocks be of such size and shape, be so divided into building sites and contain such site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size.
   (F)   Other required conditions.
      (1)   All business, service, repair, processing, storage or merchandise display on property abutting or across the street from a lot in a R-7.5, R-5.0 or R-O District shall be conducted behind appropriate sight screening.
      (2)   Motor vehicle, boat or trailer storage lots shall be drained and surfaced with rock or pavement except in those portions of the lot maintained as landscaped areas.
      (3)   All uses in the Public and Semi-Public District shall be carried on in such a manner that they do not create smoke, gas, odor, dust, sound, vibration, soot, heat, glare or lighting to a degree which might be obnoxious or offensive.
      (4)   All conditional use permits are required to be taken through the site plan review process as listed in § 152.070.
      (5)   New development or substantial remodel is subject to the site development standards and requirements as listed in § 152.052, the design and landscaping standards as listed in § 152.053 and the site plan review process as listed in § 152.070.
      (6)   All alterations of non-conforming uses or structures are required to be taken through the review process as described in § 152.073.
(Ord. 1285, passed 3-3-2014; Ord. 1335, passed 7-2-2018) Penalty, see § 152.999

§ 152.025 PLANNED UNIT DEVELOPMENT DISTRICT (PUD DISTRICT).

   (A)   Purpose. To encourage development of the Planned Unit Development (PUD) District as planned building groups by making possible greater variety, functionality, and diversification in the location and orientation of buildings and open spaces. It is further the purpose of planned unit developments to serve at least three of the following purposes listed in § 152.072(F)(1).
   (B)   Application requirements. The application for planned unit development approval are listed in § 152.072(F)(2).
   (C)   PUD application.
      (1)   Applicability of planned unit development regulations. The requirements for a planned unit development set forth in this section are in addition to the conditional use procedures and standards of § 152.071.
      (2)   PUD review procedures/approval process. Planned developments will be reviewed in two phases: a preliminary development plan phase and a final development plan phase. § 152.072(F)(3)(b) describes the review and approval process. Pre-application review of the project before these phases is required. No building or other permit shall be issued for such development or part thereof until the Planning Commission has approved said development.
      (3)   Findings for project approval. The Planning Commission shall approve a planned unit development only if it finds that the planned unit development will satisfy the criteria of § 152.072(F)(3)(c).
      (4)   Potential uses allowed in the PUD District. The following uses are allowed in the PUD District if the Planning Commission considers them appropriate for the particular development being proposed and if other applicable standards are satisfied:
         (a)   The following are uses permitted in the Planned Unit Development District:
Land Use
Comments and References
Land Use
Comments and References
Accessory dwelling
 
Accessory structure
Includes shed, storage buildings, residential garages
Apartments
Called “multi-family dwellings/complexes”
Appliance and computer repair
Includes stereo, electronic equipments, residential appliances
Beauty/barber shops and salons
 
Bed and breakfast
 
Bicycle sales and service
 
Café, restaurant (sit-down), diner
 
Caretaker, watchperson living on-site
 
Child care and day nursery
 
Church, religious institution
 
Complex, multi-family (over 4 dwellings)
30% parking reduction for senior facilities
Condominium
State regulated
Driving range
 
Drug store, pharmacy
 
Dwelling, duplex
 
Dwelling, multi-family (including 3 and 4 plex)
 
Dwelling, single-family
 
Equestrian facilities
Subject to § 152.051
Feed store, agriculture supplies
 
Florist
 
Gallery, studio
 
General retail
 
Gift/card shop
 
Golf course
 
Greenhouse
 
Grocery store, deli, market
 
Gymnasium, fitness center, spa
 
Hardware
 
Indoor commercial recreation
 
Lodge, club, non-profit/fraternal organization
 
Miniature golf, “Pitch and Putt”
 
Novelty, specialty, variety
Including music/art, electronic equipment, sporting goods
Office
 
Outdoor commercial recreation
 
Park (public or private)
Playgrounds, recreation centers, pools and the like
Parking garage (private)
Private only: common area maintained by HOA
Pet shop
 
Plant nursery
 
Printing/copying shop
 
Public transportation station
 
Residential use other than ground floor
 
Residential care facility
Only permitted where multi-family residents are allowed
Residential care home
Only permitted where single-family residents are allowed
RV park (public or private)
 
RV storage
For residential use only; HOA maintenance required
Schools (public or private)
 
Single-family manufactured home
 
Stable (public or private)
 
Townhouse
 
Utility facility
 
 
         (b)   Industrial uses such as small-scale live-work industries supported mainly by residents of the planned development when such industrial uses are contained in a structure on-site and require an area no larger than 5% of the area devoted to residential uses;
         (c)   Residential/commercial mixed use developments;
         (d)   Urban farming, gardening, animal husbandry (meeting the requirements listed in § 152.051); and
         (e)   In addition to the accessory uses typical of the primary uses authorized, accessory uses approved as a part of the Planned Unit Development District may include the following uses:
            1.   Golf courses;
            2.   Private park, lake or waterway;
            3.   Recreation area (including trails);
            4.   Recreation building, club house or social hall; and
            5.   Other accessory structures which the Planning Commission finds are designed to serve primarily the tenants of the planned unit development and are compatible to the design of the planned unit development.
      (5)   Density. Generally, the density shall be 35 units per acre. The gross area of the PUD shall be used (total area including street dedications) to calculate the density of the PUD District. Areas of common use may be included in calculating allowable density.
      (6)   Deviations to be authorized. The Planning Commission may authorize the design and approval of PUD’s which deviate from the strict standards of this code. The deviations shall be limited to the limitations, restrictions and design standards listed in § 152.072(F)(3)(g).
      (7)   Dimensional and bulk standards. Dimensional and bulk standards apply as listed in § 152.072(F)(3)(h).
      (8)   Common areas. In the PUD District, 25% of the total land area shall be devoted to open space, in the form of yards, buffers, setbacks, common open areas or recreational facilities. A portion of this area shall be common or shared open space. The open space requirements are listed in § 152.072(F)(3)(i). The Planning Commission may increase or decrease the open space requirements depending on the particular site and the needs of the development.
      (9)   Transportation. The requirements for transportation listed in § 152.072(F)(3)(j) shall apply in the PUD District.
      (10)   Signs. All signs larger than eight square feet within a planned development are subject to approval of the Planning Commission. The Planning Commission shall consider each such sign on its merits based on the aesthetic impact on the area, potential traffic hazards and the need for the sign.
      (11)   Compatibility with adjacent development. If topographical or other barriers near the perimeter of the development do not provide reasonable privacy for existing uses adjacent to the development, the Planning Commission shall require buildings in the planned development to be setback an adequate distance, as determined by the Planning Commission, from the perimeter and/or require an attractively designed and maintained buffer in the form of vegetation, fencing, walls and/or berms.
      (12)   Utility easements. Easements necessary for the orderly extension and maintenance of public utilities may be required as a condition of approval.
      (13)   Control of the development after completion. The final development plan shall continue to control the planned unit development after it is finished, as required by § 152.072(F)(3)(p).
(Ord. 1312, passed 5-16-2016; Ord. 1338, passed 10-1-2018) Penalty, see § 152.999