A.

Title. This chapter shall be known as "The Zoning Ordinance of the City of Tucumcari," and is referred to elsewhere herein as "these regulations" or "Zoning Ordinance."

B.

Purpose. These regulations are enacted for the purpose of promoting the health, safety, and general welfare of the community including, but not limited to:

1.

Managing congestion on public streets;

2.

Securing safety from fire, panic, and other dangers;

3.

Promoting public health and safety;

4.

Providing adequate light and air;

5.

Preventing overcrowding of land;

6.

Avoiding undue concentrations of population;

7.

Facilitating adequate provisions for transportation, water, sanitary sewer, schools, parks, and other public facilities; and

8.

Controlling and abating public nuisances.

C.

Applicability. After adoption of these regulations, this chapter shall apply to territory within the incorporated limits of the city of Tucumcari, except as otherwise provided for by law. Except as provided herein, the following shall apply:

1.

Any use not designated as a permissive use or a conditional use in a zone is specifically prohibited.

2.

No building, structure or land shall be used or occupied, and no building or part thereof shall be erected, moved, or altered unless in conformity with the zone in which it is located.

3.

No building or structure shall be erected or altered to exceed the height, accommodate or house a greater number of families, occupy a greater percentage of lot area, or have a smaller yard than is specified in the zone in which such building or structure is located.

4.

No building or structure shall be erected or altered contrary to the provisions of the International Building Code (IBC) as adopted by the city and without a building permit when required by the IBC or local law.

5.

No part of a yard, off-street parking space, or other open space required for any building or structure shall be included as part of a yard, off-street parking space, or other open space required for another building or structure.

(Ord. 1052 (part), 2007)

A.

Zone Districts. For the purposes of these regulations, the city of Tucumcari is divided into the zones as follows:

1.

R-1 low density residential;

2.

R-2 medium density residential;

3.

R-3 multiple-family residential;

4.

C-1 general commercial;

5.

C-2 central business district;

6.

I-1 industrial;

7.

I-2 heavy industrial;

8.

A-1 agricultural;

9.

SU-1 special use district;

10.

Route 66 overlay zone.

B.

Zone District Map. The boundaries of the districts are shown upon the map which is made a part of these regulations, and is designated as the "Official Zoning District Map," hereinafter referred to as the zoning map. The zoning map and all the notations, references, and other information shown thereon were all fully set forth or described herein, which zoning map is properly attested and is on file with the Tucumcari city clerk.

C.

Zone District Boundaries. Zone district boundaries shall follow property lines, except when a property is immediately adjacent to a public right-of-way in which case the zoning shall extend to the center line of said right-of-way. The community development director shall determine the boundaries of zoning districts where the zoning map is unclear. Any decision made by the director concerning zoning boundaries may be appealed to the planning commission following the procedures for an administrative review.

D.

Annexed Areas. All territory annexed into the city shall be subject to the regulations of the A-1 agriculture district until amended in accordance with these regulations.

(Ord. 1052 (part), 2007)

A.

R-1 Low Density Residential.

1.

Purpose and Intent. The R-1 low density residential district is intended to provide areas for the development of single-family dwellings at low densities and certain related uses.

2.

Permitted Uses.

a.

One single-family dwelling;

b.

Noncommercial accessory structures that do not exceed six hundred (600) square feet each and a total of one thousand two hundred (1,200) square feet for a lot;

c.

Home occupations;

d.

Elementary, middle, junior, and high schools;

e.

Golf courses, except miniature golf and driving ranges as an independent use;

f.

Parks and open space;

g.

Religious facilities;

h.

Temporary construction trailers, for use during construction of a permitted primary use, and removed within fourteen (14) days of issuance of a certificate of occupancy or expiration of building permits;

i.

Animal keeping in accordance with the city's animal control ordinance.

3.

Conditional Uses.

a.

Guest houses without cooking facilities;

b.

Multigenerational housing in accordance with state law;

c.

Public or quasi-public buildings, except schools;

d.

Public utility structure, except wireless communications facilities.

4.

Lot Standards.

B.

R-2 Medium Density Residential.

1.

Purpose and Intent. The R-2 medium density residential district is intended to provide areas for the development of single-family dwellings at medium densities and certain related uses.

2.

Permitted Uses.

a.

One single-family dwelling;

b.

Noncommercial accessory structures that do not exceed six hundred (600) square feet each and a total of one thousand two hundred (1,200) square feet for a lot;

c.

Home occupations;

d.

Elementary, middle, junior, and high schools;

e.

Golf courses, except miniature golf and driving ranges as an independent use;

f.

Parks and open space;

g.

Religious facilities;

h.

Temporary construction trailers, for use during construction of a permitted primary use, and removed within fourteen (14) days of issuance of a certificate of occupancy or expiration of building permits;

i.

Animal keeping in accordance with the city's animal control ordinance.

3.

Conditional Uses.

a.

Guest houses without cooking facilities;

b.

Multigenerational housing in accordance with state law;

c.

Public or quasi-public buildings, except schools;

d.

Public utility structure, except wireless communications facilities.

4.

Lot Standards.

C.

R-3 Multiple-Family Residential.

1.

Purpose and Intent. The R-3 multiple-family residential district is intended to provide areas for the development of multiple-family dwellings, mobilehome subdivisions, mobilehome parks, and certain related uses.

2.

Permitted Uses.

a.

Multiple-family dwellings;

b.

Single-family dwellings, including mobilehomes not in a mobilehome park or mobilehome subdivision;

c.

Noncommercial accessory structures that do not exceed six hundred (600) square feet each and a total of one thousand two hundred (1,200) square feet for a lot;

d.

Home occupations;

e.

Elementary, middle, junior, and high schools;

f.

Hospitals and clinics, but not those treating mental illness or animals;

g.

Golf courses, except miniature golf and driving ranges as an independent use;

h.

Parks and open space;

i.

Religious facilities;

j.

Temporary construction trailers, for use during construction of a permitted primary use, and removed within fourteen (14) days of issuance of a certificate of occupancy or expiration of buildings permits;

k.

Animal keeping in accordance with the city's animal control ordinance.

3.

Conditional Uses.

a.

Child nurseries and preschools;

b.

Grocery stores not exceeding four thousand (4,000) square feet in area;

c.

Mobilehome parks and subdivisions;

d.

Multigenerational housing in accordance with state law;

e.

Noncommercial private clubs and lodges without liquor licenses;

f.

Nursing homes and assisted living facilities;

g.

Professional offices;

h.

Public or quasi-public buildings, except schools;

i.

Public utility structure, except wireless communications facilities.

4.

Lot Standards.

D.

C-1 General Commercial.

1.

Purpose and Intent. The C-1 general commercial district is intended to provide areas for the development of a variety of commercial uses in appropriate areas for the purposes of convenience and orderly growth and certain related uses.

2.

Permitted Uses.

a.

Civic organizations;

b.

Hotels and motels;

c.

Institutional uses;

d.

Medical hospitals, services, and laboratories;

e.

Offices;

f.

Parks and open space;

g.

Public and private schools;

h.

Government facilities and offices;

i.

Recreational facilities;

j.

Religious facilities;

k.

Restaurants, bars, and taverns;

l.

Retail goods and services;

m.

Transportation facilities and depots;

n.

Vehicle sales and service;

o.

Temporary construction trailers, for use during construction of a permitted primary use, and removed within fourteen (14) days of issuance of a certificate of occupancy or expiration of buildings permits;

p.

Animal keeping in accordance with the city's animal control ordinance;

q.

Other uses determined by the director to be consistent with the purpose and intent of the zone district.

3.

Conditional Uses.

a.

Adult uses;

b.

Boarding and lodging houses;

c.

Public utility transmission lines.

4.

Lot Standards.

E.

C-2 Central Business.

1.

Purpose and Intent. The C-2 central business district is intended to provide areas for a grouping of retail merchandising activities into a concentrated area serving the general retail needs of the trade area. The district provides for department stores, apparel stores, general retail and service, and similar uses. The grouping is intended to strengthen the business level of the central business district activity.

2.

Permitted Uses.

a.

Civic organizations;

b.

Hotels and motels;

c.

Institutional uses;

d.

Medical hospitals, services, and laboratories;

e.

Offices;

f.

Parks and open space;

g.

Public and private schools;

h.

Government facilities and offices;

i.

Recreational facilities;

j.

Religious facilities;

k.

Restaurants, bars, and taverns;

l.

Retail goods and services;

m.

Transportation facilities and depots;

n.

Vehicle sales, service, and repair;

o.

Wholesale businesses conducted completely indoors;

p.

Temporary construction trailers, for use during construction of a permitted primary use, and removed within fourteen (14) days of issuance of a certificate of occupancy or expiration of buildings permits;

q.

Animal keeping in accordance with the city's animal control ordinance;

r.

Other uses determined by the director to be consistent with the purpose and intent of the zone district.

3.

Conditional Uses.

a.

Adult uses;

b.

Boarding and lodging houses;

c.

Public utility transmission lines.

4.

Lot Standards.

F.

I-1 Industrial.

1.

Purpose and Intent. The I-1 industrial district is intended to provide areas for the development of various industrial uses considered essential to a balanced economic base.

2.

Permitted Uses.

a.

Distribution terminals;

b.

Government facilities and offices;

c.

Manufacturing and assembly that does not create a nuisance due to dust, smoke, noise, glare, odor or similar qualities;

d.

Outdoor storage yards, provided all storage is screened from adjacent properties and rights-of-way;

e.

Television and radio broadcasting facilities;

f.

Vehicle sales, service, and repair;

g.

Wholesale businesses;

h.

Temporary construction trailers, for use during construction of a permitted primary use, and removed within fourteen (14) days of issuance of a certificate of occupancy or expiration of buildings permits;

i.

Animal keeping in accordance with the city's animal control ordinance.

3.

Conditional Uses.

a.

Public utility transmission lines.

4.

Lot Standards.

G.

I-2 Heavy Industrial.

1.

Purpose and Intent. The I-2 industrial district is intended to provide areas for the development of various heavier industrial uses considered essential to a balanced economic base. Heavy industrial uses should be buffered and screened from less intense uses.

2.

Permitted Uses.

a.

Airports;

b.

Distribution terminals;

c.

Government facilities and offices;

d.

Manufacturing and assembly that does not create a nuisance due to dust, smoke, noise, glare, odor or similar qualities;

e.

Outdoor storage yards, provided all storage is screened from adjacent properties and rights-of-way;

f.

Television and radio broadcasting facilities;

g.

Vehicle sales, service, repair, and dismantling;

h.

Wholesale businesses;

i.

Temporary construction trailers, for use during construction of a permitted primary use, and removed within fourteen (14) days of issuance of a certificate of occupancy or expiration of buildings permits;

j.

Animal keeping in accordance with the city's animal control ordinance.

3.

Conditional Uses.

a.

Manufacturing and assembly that may create a nuisance due to dust, smoke, noise, glare, odor or similar qualities;

b.

Public utility transmission lines;

c.

Sanitary landfills;

d.

Sewage treatment facilities;

e.

Stockyards, slaughterhouses, livestock feeding pens and similar uses;

f.

Wholesale fuel storage.

4.

Lot Standards.

H.

A-1 Agricultural.

1.

Purpose and Intent. The A-1 agricultural district is intended to provide areas for agricultural and related uses on ten (10) acre or larger parcels. The A-1 district also serves as a temporary zone district for newly annexed property pending adoption of the appropriate city zone district.

2.

Permitted Uses.

a.

Crop and livestock production in accordance with Ordinance 611;

b.

One Single-family dwelling;

c.

One guest house without cooking facilities;

d.

Accessory structures;

e.

Home occupations;

f.

Golf courses;

g.

Rental storage yards, provided all storage is completely screened from adjacent properties and rights-of-way;

h.

Parks and open space;

i.

Temporary construction trailers, for use during construction of a permitted primary use, and removed within fourteen (14) days of issuance of a certificate of occupancy or expiration of buildings permits;

j.

Animal keeping in accordance with the city's animal control ordinance.

3.

Conditional Uses.

a.

One additional single-family dwelling on the same parcel of land. The additional single-family dwelling shall not be sold or transferred to a different ownership unless a subdivision map is filed, approved and recorded in accordance with the unified development code. A variance shall not be granted for a reduction in lot size for a subdivision that contains an additional single-family dwelling constructed in accordance with this section.

b.

Multigenerational housing in accordance with state law.

4.

Lot Standards.

I.

SU-1 Special Use District.

1.

Purpose and Intent. The SU-1 special use district is intended to provide areas for unique development. The district may be used for areas where the parcel configuration, topography, safety concerns, or other similar circumstances require unique development standards. The district may also be used for areas where unique development standards may be desirable to accommodate distinctive design that cannot be accomplished under conventional zoning designations contained in these regulations, such as for mixed use development.

2.

District Records. Each special use district will have standards specific to that district. The director shall be responsible for maintaining a record of the standards and having the records available for public inspection.

3.

Permitted and Conditionally Permitted Uses. Each special use district shall specify the uses permitted and/or conditionally permitted in that particular district. The uses may be the same as a conventional zone district or may be specific to that district. The permitted and/or conditionally permitted uses allowed in each special use district shall be maintained as part of the district records.

4.

Lot Standards. Each special use district shall specify the lot standards for that particular district. The lot standards may be the same as a conventional zone district or may be specific to that district. The lot standards shall at a minimum include lot area, width, length, setbacks, and height. The lot standards for each special use district shall be maintained as part of the district records.

J.

Route 66 Overlay Zone.

1.

Purpose and Intent. The Route 66 overlay zone is intended to provide standards and guidance for development, preservation, and/or restoration of the commercial areas adjacent to historic Route 66. It is desirable to restore the area to similar patterns and styles of development as existed prior to the construction of Interstate 40. The use of retro architectural styles and features are intended to provide a catalyst for increasing tourism resulting from renewed interest in Route 66.

2.

Permitted Uses. All uses allowed in the C-1 district.

3.

Conditional Uses.

a.

Public utility transmission lines.

4.

Lot Standards.

5.

Design and Architectural Standards.

a.

Architectural Style. All new buildings and buildings that undergo substantial exterior renovation should be constructed in an art deco, pueblo deco, or tourist kitsch style consistent with historical development that occurred along Route 66 before Interstate 40 was constructed. Unique, eclectic buildings are encouraged. Numerous examples can be found in historical photos found on the internet or in books.

b.

Neon Highlighting. Where feasible and architecturally sensible, exposed and/or hidden neon lighting should be used to highlight building architectural features and freestanding signage. Neon lighting shall be shielded or positioned to prevent light and glare from significantly impacting nearby residential areas.

c.

Parking Lots. Parking lot entrances should be highlighted to be easily identified from Route 66 through the use of landscaping, architectural features, and/or signage.

d.

Signs. The following exceptions to Municipal Code Chapter 17.03 are permitted in the Route 66 overlay zone:

i.

Freestanding, on-site signs in the Route 66 overlay zone may be installed to a height of up to forty-five (45) feet. (Exception to Section 3.402.04.01)

ii.

Signs in the Route 66 overlay zone may include flashing or revolving lights, beacons, or simulate flashing or revolving lights or beacons through mechanical means, within fifty (50) feet of a residential district, provided that such signs are shielded or positioned to prevent light and glare from significantly impacting the residential area. (Exception to Section 3.303.02)

iii.

Building mounted signs may be mounted on, or extend above the roof or parapet of a building, provided that such signs are shielded or positioned to prevent light and glare from significantly impacting residential areas within fifty (50) feet of the sign. (Exception to Section 3.303.03)

(Ord. 1052 (part), 2007)

A.

Single-Family Dwellings. The following design standards apply to all single-family homes, including modular and manufactured homes:

1.

Architectural Standards.

a.

Roofing.

i.

Flat Roofs. All new single-family dwellings with flat roofs shall have a minimum of a six-inch high parapet along the edge and all rooftop equipment shall be screened by a wall constructed of the same materials as the exterior or shall be contained fully in wells that screen the equipment.

ii.

Pitched Roofs. All new single-family dwellings with pitched roofs shall have a minimum of a six-inch overhang. Roof top equipment is discouraged and should be ground mounted where possible.

b.

Front and Rear Stoops. All new single-family homes shall have a completely covered front stoop, and a rear stoop. The covering of the stoop shall be integrated into the design of the dwelling and use the same materials as the dwelling. The front stoop area shall be a minimum of thirty-six (36) square feet and have no dimension of less than four feet. The rear stoop shall have a minimum of eighty (80) square feet and have no dimension less than five feet. The stoop shall be constructed of concrete, brick, pavers, or similar material.

B.

Mobilehomes. Any mobilehome that is located on a permanent or semi-permanent basis outside of a licensed mobilehome park or mobilehome subdivision shall be construed as a permanent structure and shall meet all requirements for review, zone district requirements, design standards, and building code requirements for single-family homes as provided for in this title and other applicable laws and regulations. The following design standards apply to all mobilehomes that are within a designated mobilehome park or mobilehome subdivision:

1.

Permits. All mobilehomes shall obtain all required permits and licenses prior to placement, including, but not limited to, plot plan review approval, building permits, and state licenses.

2.

Utilities. All mobilehomes shall be required to connect to city water and sewer, and shall pay any connection charges or other fees required. No propane tanks are permitted, except in areas that are greater than five hundred (500) feet from a natural gas line. All mobilehomes shall be connected to a permanent electrical supply.

3.

Placement. All mobilehomes shall be placed on a mobilehome stand constructed in accordance with applicable building code requirements.

4.

Fastening. All mobilehomes shall be secured to the ground with seismic strapping as may be required by applicable laws and regulations.

5.

Skirting. All mobilehomes shall have skirting consisting of the same or compatible colors and materials as the mobilehome attached to screen the undercarriage.

6.

Wheels. All mobilehomes shall have the wheels removed upon placement. The wheels shall be stored in area that is not visible to the public, does not create a nuisance and does not attract vermin or vectors.

7.

Access. All mobilehomes shall have a stairway or ramp to access the mobilehome. The stairway or ramp shall be constructed of durable materials and painted to be compatible with the mobilehome. The stairway or ramp shall be maintained in a safe condition.

C.

Mobilehome Parks and Mobilehome Subdivisions. In addition to any standards found within this title, the following standards shall apply to all new mobilehome parks and mobilehome subdivisions:

1.

Perimeter Landscaping. A minimum of twenty (20) feet of landscaping shall be required adjacent to all public and private rights-of-way.

2.

Perimeter Wall. A minimum of a six-foot high decorative perimeter wall shall be provided on the perimeter behind any required perimeter landscaping.

3.

Interior Landscaping. A minimum of twenty (20) percent of the interior of new mobilehome parks and mobilehome subdivisions shall be common landscape areas. The interior landscape area shall include a minimum of one easily accessible recreation area. The recreation areas shall have a total of one thousand (1,000) square feet per space or lot. Recreation areas shall be counted toward meeting the interior landscaping requirement.

4.

Guest Parking. A minimum of one-half parking space per space or lot shall be provided for guest parking. The guest parking spaces shall be distributed throughout the development for the convenience of guests.

5.

Storage Area. Each space or lot shall be provided with a minimum of four hundred fifty (450) cubic feet of secure storage area within one hundred (100) feet of the space or lot.

6.

Homeowner's Association. All mobilehome subdivisions shall have a homeowner's association that will be responsible for the maintenance of all common facilities, landscaping, private streets, and other private facilities contained within the subdivision.

D.

Drive-Through Facilities. All new drive-through facilities shall provide a minimum of sixty (60) feet of stacking lane for vehicles waiting to order shall be maintained before the order point. A minimum stacking between the order point and the pick up window of at least sixty (60) feet shall be provided. A minimum of thirty-six (36) feet shall be maintained between the pick up area and any public right-of-way that the lane will access. The stacking lanes shall not block or be blocked by circulation of the parking area, loading areas, trash pick up areas, or similar vehicle circulation areas.

E.

Wireless Communication Facilities. All new wireless communications facilities shall be designed and constructed in accordance with the following standards:

1.

All wireless communications facilities should be designed to blend in with the surrounding environment, either by integrating with existing structures or using techniques to limit the obtrusiveness of the facility through screening and camouflage.

2.

Building Mounted. Any building-mounted facility shall have all antennas and equipment designed so as not to be visible from streets within five hundred (500) feet of the facility. Antennas should be placed behind radio frequency penetrable parapets or otherwise hidden by the architecture of the building.

3.

Pole Mounted. All poles for new wireless communication facilities shall be mono-poles painted either to blend in with the surrounding development or light earth tones.

F.

Walls and Fences. All new walls and fences shall be designed and constructed in accordance with the following standards:

1.

Public Rights-of-Way. No wall or fence shall be constructed in or obstructing a public right-of-way, except by the owner of the right-of-way.

2.

Corner Sight Triangle. No wall or fence shall be constructed within the corner sight triangle at an intersection. The corner sight triangle is defined as an area of unobstructed vision at street intersection between three and eight feet above the ground, and within a triangular area at the street corner, which is bounded by the street property lines of the corner and a line connecting the points twenty-five (25) feet distant from the intersection of the property lines of such lot.

3.

Prohibited Fencing. Barbed, razor, rolled or similar wire shall not be used in any residential or commercial zoning designation. Razor and rolled wire shall not be permitted in industrial and agricultural zoning designations. Where allowed, barbed wire shall not be installed lower than six feet above the adjacent grade and shall not consist of more than three strands. Electrified fencing is prohibited within the city.

4.

Height.

a.

Residential.

i.

Front Yard. Solid walls and fences forty-two (42) inches. Walls and fences that are at least seventy-five (75) percent open may be up to forty-eight (48) inches in height.

ii.

Corner Side Yard. Solid walls and fences forty-two (42) inches. Walls and fences that are at least seventy-five (75) percent open may be up to forty-eight (48) inches in height.

iii.

Any Area Not Within a Front or Corner Side Yard Setback Area. Six feet in height.

b.

Commercial.

i.

Front Yard. Solid walls and fences forty-two (42) inches. Walls and fences that are at least seventy-five (75) percent open may be up to forty-eight (48) inches in height.

ii.

Corner Side Yard. Solid walls and fences forty-two (42) inches. Walls and fences that are at least seventy-five (75) percent open may be up to forty-eight (48) inches in height.

iii.

Any Area Not Within a Front or Corner Side Yard Setback Area. Eight feet in height where not visible from an adjacent public right-of-way, otherwise six feet. Note that walls and fences over six feet are required to be engineered.

iv.

Adjacent to Residential Zone District or Use. Walls and fences adjacent to residential zones or uses shall comply with the residential fence standards.

c.

Industrial and Agricultural.

i.

Front Yard. Solid walls and fences forty-two (42) inches. Walls and fences that are at least seventy-five (75) percent open may be up to forty-eight (48) inches in height.

ii.

Corner Side Yard. Solid walls and fences forty-two (42) inches. Walls and fences that are at least seventy-five (75) percent open may be up to forty-eight (48) inches in height.

iii.

Any Area Not Within a Front or Corner Side Yard Setback Area. Eight feet in height. Note that walls and fences over six feet are required to be engineered.

iv.

Adjacent to Residential Zone District or Use. Walls and fences adjacent to residential zones or uses shall comply with the residential fence standards.

(Ord. 1052 (part), 2007)

A.

Off-Street Parking Standards. All uses shall provide parking in accordance with the standards.

1.

General. The dimension and location of all new off-street parking spaces shall comply with the following:

a.

Dimensions.

i.

Outdoor Parking Space. Minimum of nine feet wide by eighteen (18) feet long. Two feet of an outdoor parking space may overhang a landscape area, or a sidewalk provided a minimum of four feet of unobstructed sidewalk remains.

ii.

Indoor parking space, including garages and parking structure. Minimum of ten (10) feet wide by twenty (20) feet long with no less than eight feet of vertical clearance over all portions of the parking space and any access routes.

b.

Location. All parking spaces shall be located on the same or a contiguous lot or building site as the buildings the spaces are required to serve.

2.

Number of Spaces Required. The following parking standards represent the minimum number of parking spaces that will be required for all new construction. In the case of mixed uses in a building or on a lot, the total requirement shall be the sum of the requirements for the various uses computed separately.

a.

Residential.

i.

Single-family residential: one space per dwelling.

ii.

Duplex: one space per dwelling.

iii.

Multiple-family, except duplex: one and one-half spaces per dwelling.

iv.

Nursing homes: one space per three beds.

b.

Commercial.

i.

Retail establishments: one space per two hundred fifty (250) square feet of gross floor area.

ii.

Restaurants: one space per two hundred (200) square feet of gross floor area.

iii.

Auto repair or service: one space per one hundred (100) square feet of gross floor area.

iv.

Hotel/motel: one space per guest room and one additional space for each employee on the largest shift.

v.

Theaters: one space per three fixed seats, or one space per seventy-five (75) square feet of non-fixed seating areas.

vi.

Religious facilities and mortuaries: one space per three fixed seats, or one space per seventy-five (75) square feet of non-fixed seating areas. Thirty (30) inches of bench or pew will be considered the same as one seat.

vii.

Office, except medical: one space per two hundred fifty (250) square feet of floor gross area.

viii.

Medical office or clinic: one space per two hundred (200) square feet of gross floor area.

ix.

Hospitals: one space per two patient beds.

x.

Warehouse stores, including furniture, hardware, appliance, and similar: one space per six hundred (600) square feet of gross floor area.

xi.

Vehicle sales: one space per one thousand (1,000) square feet of gross floor area of all office and display areas. Displayed vehicles shall not be located on required parking spaces.

xii.

Schools and daycare, preschool through 9th grade: one space per classroom and one space per two hundred fifty (250) square feet of office area.

xiii.

Schools, 10th through 12th grade: one space per classroom and one space per four students, as determined by the design capacity of the school.

xiv.

Colleges and universities: one space per classroom and one space per two students, as determined by the design capacity of the school.

c.

Industrial.

i.

Manufacturing: one space per eight hundred (800) feet of gross floor area.

ii.

Warehousing: one space per two thousand (2,000) square feet.

d.

Uses Not Listed. The director shall determine the number of spaces required for any uses not listed. The director should consider uses that are similar to the proposed use that is listed in addition to any information provided by the applicant that would determine the number of space that would be needed to accommodate the use.

e.

Americans with Disabilities Act (ADA) Accessible. ADA accessible spaces shall be provided and located in accordance with applicable laws.

3.

Joint Use. The planning commission may upon application by the owner, authorize the joint use of parking facilities by approval of a conditional use permit and subject to the following:

a.

Up to fifty (50) percent of the parking facilities required by these regulations for a use that is primarily considered to be a daytime use may be provided by the parking facilities of a use primarily considered to be a nighttime or Sunday use, provided that such parking shall be subject to the following conditions:

i.

The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building shall be located within one hundred fifty (150) feet and on the same or an adjacent lot of such parking facility; and

ii.

The applicant shall demonstrate that there is not a substantial conflict in the principal operating hours of the buildings or uses for which joint use of off-street parking facilities is proposed; and

iii.

The parties concerned in the joint use of off-street parking facilities shall provide evidence of an agreement for such joint use. The instrument, when approved as conforming to the provisions of these regulations, shall be recorded in the office of the city clerk and copies filed with the director.

b.

For the purposes of this section, the following uses are typically daytime uses: financial institutions; professional offices; retail stores and services; manufacturing; wholesale businesses; and similar uses. The following uses are typically nighttime or Sunday uses: religious facilities; auditoriums incidental to a school; dance hall; theaters; and bars. The above uses are only meant as a guide and the director shall make the determination of whether a use is primarily a day or night use based on the evidence.

B.

Loading Standards. New uses shall provide loading spaces in accordance with the following regulations. The regulations indicated the minimum required and the director may determine that additional loading spaces are required to accommodate the use.

1.

Commercial.

a.

Retail, wholesale, restaurants, and similar establishments that are two thousand two hundred fifty (2,250) square feet of gross floor area or smaller shall provide one space measuring ten (10) feet wide by thirty-five (35) feet long for loading and unloading of goods.

b.

Retail, wholesale, restaurants, and similar establishments that are larger than two thousand two hundred fifty feet (2,250) square feet of gross floor area shall provide one space measuring ten (10) feet wide by forty-five (45) feet long for loading and unloading of goods.

c.

Apartment buildings, hotels, motels, and office buildings shall provide a minimum of one space measuring ten (10) feet wide by thirty-five (35) feet long for loading and unloading of goods.

2.

Industrial. All new industrial development shall contain a minimum of one space measuring ten (10) feet wide by forty-five (45) feet long for loading and unloading of goods.

(Ord. 1052 (part), 2007)

A.

Nonconforming Structures. A nonconforming structure is a structure that does not comply with the height, setback, parking, and/or other similar physical requirements of the zoning ordinance. A legal nonconforming structure is one that was built in accordance with the laws and regulations at the time of its construction, including the securing of all required permits.

1.

Maintenance. A legal nonconforming structure may be and should be maintained in good repair. Maintenance shall not include any structural alterations except as may be required by law to protect the health, life, and safety of the building occupants.

2.

Expansion. A legal nonconforming structure may be enlarged or added to, provided that the new portion of the structure conforms to all requirements of the zoning ordinance without approval of a variance.

3.

Nonconformance Due to Parking. A legal nonconforming use that is only nonconforming due to a lack of parking spaces under the uniform development code, may change use to a use that requires the same number of spaces or less under the ordinance. Once a change to a less parking intensive use is initiated, the use may not be changed to a more parking intensive use in the future.

4.

Loss of Legal Nonconforming Status. Any structure or portion of a structure that is removed shall no longer be considered legal nonconforming structure, and any reconstruction must comply with all applicable laws and regulations.

5.

Illegal Nonconforming Structures. Structures that were not constructed in accordance with the laws and regulations at the time of construction are illegal and subject to the penalties set forth in these regulations.

B.

Nonconforming Uses. A nonconforming use is a use that does not comply with the current regulations of the zoning ordinance. A legal nonconforming use is one that was established in accordance with the laws and regulations at the time of its initiation, including the securing of all required permits.

1.

Continuation of Use. A legal nonconforming use may be continued provided that the use is not expanded or operated such that it becomes a nuisance.

2.

Change in Use. A legal nonconforming use may be changed only to a use that is in conformance with the zoning ordinance, unless otherwise permitted as by the unified development code.

3.

Change in Ownership. A change in ownership does not cause a change in status of a legal nonconforming use.

4.

Loss of Legal Nonconforming Status. Any legal nonconforming use that is discontinued for a period of six months shall not longer be considered a legal nonconforming use, and any use thereafter must comply with all applicable laws and regulations.

5.

Illegal Nonconforming Uses. Uses that were not established in accordance with the laws and regulations at the time of initiation are illegal and subject to the penalties set forth in these regulations.

(Ord. 1052 (part), 2007)

A.

Standards for Home Occupations. All home occupations shall be subject to the following standards:

1.

Commercial signage at the residence shall not be permitted.

2.

The home occupation shall employ only persons residing in the residence and no more than one employee that does not reside at the residence. One additional off-street parking space shall be provided at the residence if the home occupation will include an employee who does not reside at the residence.

3.

All functions of the business shall take place within the residence or an accessory structure. No outdoor operations and/or storage shall be permitted at any time.

4.

No more than one room in the residence and no more than two hundred (200) square feet of a garage or accessory building shall be used for business purposes.

5.

The business shall not generate more than ten (10) vehicle trips per day, including deliveries.

6.

The business shall not include any equipment or vehicles that are not normally associated with a residential use.

7.

The business shall not generate any noise, heat, vibration, glare, dust, or odor other than those normally associated with a residential use.

8.

Except for phone, mail, or internet sales, no retail sales shall take place on the premises.

9.

The following uses are prohibited as home occupations:

a.

Automobile repair, including body repair;

b.

Any use that involves serving food on the premises;

c.

Any use that involves live entertainment on the premises;

d.

Any use that uses hazardous materials in amounts that would require regulation by the fire department or other agency;

e.

Any use that requires an occupancy classification other than residential;

f.

Any use determined by the planning director to be incompatible with the residential zone district.

(Ord. 1052 (part), 2007)