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Umatilla City Zoning Code

ARTICLE III

- ZONING CLASSIFICATIONS

Sec. 60-36.- Site plan.

Each application for a land use and building permit shall be accompanied by a site plan incorporating the regulations established herein. The site plan shall be drawn to scale, indicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts, driveways and landscaping. The site plan shall be submitted to and approved by authority and directive of the planning and zoning board prior to the granting of a land use and building permit. Upon that approval, the site plan becomes a part of the land use and building permit and may be amended only by authority and directive of the planning and zoning board.

(Ord. No. 1974-C, § 60, 9-17-74)

Sec. 60-61.- Purpose and intent.

The purpose of R-18 districts is to provide for large lots or estate type development without the inherent agricultural detriments for single-family density in a transitional or urbanizing area.

(Ord. No. 1974-C, § 70.10, 9-17-74)

Sec. 60-62. - Permitted uses.

The following uses are permitted within R-18 districts:

(1)

Single-family dwelling units having a minimum living area of one thousand eight hundred (1,800) square feet, which shall not include carports, garages, or utility rooms.

(2)

Accessory buildings or structures thereto.

(3)

Guest/servant quarters not to exceed three hundred (300) square feet of living area excluding carports, garages and screened areas are permitted where the principal dwelling is of conventional construction. In no case will the guest/servant quarters be constructed prior to the principal dwelling unit.

(4)

Buildings, structures or uses maintained or operated by a body having the right of eminent domain.

(Ord. No. 1974-C, § 70.11, 9-17-74)

Sec. 60-63. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within R-18 districts:

(1)

Golf courses;

(2)

Marinas;

(3)

Churches;

(4)

Cemeteries;

(5)

Airports;

(6)

Planned unit developments.

(Ord. No. 1974-C, § 70.15, 9-17-74)

Sec. 60-64. - Other possible uses.

Other similar enterprises or businesses may be permitted within R-18 districts, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided however, the city council may make the findings, which findings shall be conclusive.

(Ord. No. 1974-C, § 70.16, 9-17-74)

Sec. 60-65. - Uses expressly prohibited.

The following uses are expressly prohibited within R-18 districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Commercial enterprises;

(4)

Pets, other than the normal domesticated household pets, such as cats and dogs;

(5)

Any uses expressly permitted in the other zones that are not provided for under the permitted use section of this zone;

(6)

Any use prohibited by the city council.

(Ord. No. 1974-C, § 70.17, 9-17-74)

Sec. 60-66. - Lot size, width.

Lot size and lot width for R-18 districts shall be as follows:

(1)

Lot size. A minimum usable land area of not less than eighteen thousand (18,000) square feet.

(2)

Lot width. The minimum width of lots, parcels, or tracts, however designated, shall be one hundred (100) feet measured at the building setback line and eighty (80) feet measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(Ord. No. 1974-C, § 70.12, 9-17-74)

Sec. 60-67. - Signs.

Sign regulations for R-18 districts shall be as follows:

(1)

On-site signs only are permitted and shall not exceed twelve (12) inches by twenty-four (24) inches in size and shall be used for identification purposes only.

(2)

No sign shall be placed closer than fifteen (15) feet to the right-of-way line.

(Ord. No. 1974-C, § 70.13, 9-17-74)

Sec. 60-68. - Setbacks.

Setback requirements for R-18 districts shall be as follows:

(1)

Property adjacent to state, federal, county and city streets, roads, or highways shall maintain a twenty-five-foot setback line from the front property line except signs which shall maintain a fifteen-foot setback.

(2)

In the case of easements for ingress or egress, however stated, the setback shall be fifteen (15) feet from the edge of the easement.

(3)

The building line from any rear or side property line for single-family dwelling units shall be fifteen (15) feet.

(4)

Recreational vehicles, such as, but not limited to campers, camper trailers, boats and/or boat trailers, shall be parked behind building setback lines.

(Ord. No. 1974-C, § 70.14, 9-17-74)

Sec. 60-81.- Purpose and intent.

The purpose of R-15 districts is to provide for low density single-family residential usage in a transitional urban area.

(Ord. No. 1974-C, § 71.10, 9-17-74)

Sec. 60-82. - Permitted uses.

The following uses are permitted within R-15 districts:

(1)

One (1) single-family dwelling unit having a minimum living area of one thousand five hundred (1,500) square feet, but which shall not include garages, carports or utility rooms;

(2)

Accessory buildings or structures thereto, but not to include guest cottages;

(3)

Buildings, structures, or uses maintained or operated by a body having the right of eminent domain.

(Ord. No. 1974-C, § 71.11, 9-17-74)

Sec. 60-83. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate, utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within R-15 districts:

(1)

Golf courses;

(2)

Marinas;

(3)

Churches;

(4)

Airports;

(5)

Duplex housing;

(6)

Planned unit developments.

(Ord. No. 1974-C, § 71.15, 9-17-74)

Sec. 60-84. - Other possible uses.

Other similar enterprises or businesses may be permitted within R-15 districts, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided however, the city council may make the findings, which findings shall be conclusive.

(Ord. No. 1974-C, § 71.17, 9-17-74)

Sec. 60-85. - Uses expressly prohibited.

The following uses are expressly prohibited within R-15 districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Commercial enterprises;

(4)

Pets, other than the normal domesticated household pets, such as dogs and cats;

(5)

Any uses prohibited by the city council;

(6)

Any uses expressly permitted in the other zones that are not provided for under the permitted use section of this zone.

(Ord. No. 1974-C, § 71.18, 9-17-74)

Sec. 60-86. - Lot size, width.

Lot size and lot width for the R-15 districts shall be as follows:

(1)

Lot size. A minimum usable land area of not less than fifteen thousand (15,000) square feet.

(2)

Lot width. The minimum width of lots, parcels, or tracts, however designated, shall be one hundred (100) feet measured at the building setback line, and seventy-five (75) feet measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(Ord. No. 1974-C, § 71.12, 9-17-74)

Sec. 60-87. - Signs.

Sign regulations for R-15 districts shall be as follows:

(1)

On-site signs only are permitted and shall not exceed twelve (12) inches by twenty-four (24) inches in size and shall be used for identification purposes only.

(2)

No sign shall be placed closer than fifteen (15) feet to the right-of-way line.

(Ord. No. 1974-C, § 71.13, 9-17-74)

Sec. 60-88. - Setbacks.

Setback requirements for R-15 districts shall be as follows:

(1)

Property adjacent to state, federal, county and city streets, roads, or highways shall maintain a twenty-five-foot setback line from the front property line except signs which shall maintain a fifteen-foot setback.

(2)

In the case of easements for ingress or egress, however stated, the setback shall be fifteen (15) feet from the edge of the easement.

(3)

Recreational vehicles, such as, but not limited to campers, camper trailers, boats and/or boat trailers, shall be parked behind building setback lines.

(4)

The building line from any rear or side property line for any dwelling unit or accessory buildings shall be fifteen (15) feet.

(Ord. No. 1974-C, § 71.14, 9-17-74; Ord. No. 1987-P, 7-7-87)

Sec. 60-89. - Conditional use permits for duplex housing.

Conditional use permits for duplex structures in R-15 districts shall require the following:

(1)

Living area. The dwelling unit shall have a minimum living area of one thousand two hundred (1,200) square feet per family, not to include carports, garages, or utility rooms.

(2)

Lot size. The lot shall contain a minimum usable land area of not less than eighteen thousand (18,000) square feet.

(3)

Lot width. The minimum width of lots, parcels, or tracts, however designated, shall be one hundred eighty (180) feet measured at the building setback line and one hundred twenty (120) feet measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(4)

Off-street parking. Off-street parking shall be provided on property other than streets, road right-of-ways, highways, alleys, easements for ingress or egress, however stated, at a ratio of two (2) parking places per dwelling unit. A parking place shall be two hundred twenty (220) square feet of space.

(5)

Entrances. Duplex structures must be constructed with a single main entrance vestibule and separate doors leading to the individual dwelling units.

(Ord. No. 1974-C, § 71.16, 9-17-74)

Sec. 60-96.- Purpose and intent.

The purpose of R-12 districts is to provide for medium density single-family residential usage in a rapidly urbanizing area, as well as to provide duplex family housing in an urban area where needed, and where urban conveniences and facilities can be provided.

(Ord. No. 1974-C, § 72.10, 9-17-74)

Sec. 60-97. - Permitted uses.

The following uses are permitted within R-12 districts:

(1)

One (1) single-family dwelling unit having a minimum living area of one thousand two hundred (1,200) square feet, but which shall not include garages, carports, or utility rooms;

(2)

Reserved.

(3)

Accessory buildings or structures thereto, but not to include guest cottages unless specifically designed as duplex structures;

(4)

Buildings, structures or uses maintained or operated by a body having the right of eminent domain.

(Ord. No. 1974-C, § 72.11, 9-17-74; Ord. No. 1987-A, 2-17-87)

Sec. 60-98. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within R-12 districts:

(1)

Golf courses;

(2)

Marinas;

(3)

Churches;

(4)

Airports;

(5)

Planned unit developments.

(6)

Duplex housing having a minimum living area of nine hundred (900) square feet per dwelling unit, not including carports, garages, or utility rooms.

(Ord. No. 1974-C, § 72.16, 9-17-74; Ord. No. 1987-A, 2-17-87)

Sec. 60-99. - Other possible uses.

Other similar enterprises or businesses, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division, may be permitted within R-12 districts; provided however, the city council may make the findings, which findings shall be conclusive.

(Ord. No. 1974-C, § 72.17, 9-17-74)

Sec. 60-100. - Uses expressly prohibited.

The following uses are expressly prohibited within R-12 districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Commercial enterprises;

(4)

Pets, other than the normal domesticated household pets, such as dogs and cats;

(5)

Any use prohibited by the city council.

(6)

Any uses expressly permitted in the other zones that are not provided for under the permitted use section of this zone;

(Ord. No. 1974-C, § 72.18, 9-17-74)

Sec. 60-101. - Lot size, width.

Lot size and lot width for R-12 districts shall be as follows:

(1)

Lot size. A minimum usable land area of not less than twelve thousand (12,000) square feet for a single-family residence. For duplex structures the lot must have a minimum usable land area of not less than fifteen thousand (15,000) square feet.

(2)

Lot width. The minimum width of lots, parcels or tracts, however designated, shall be ninety (90) feet at the building setback line and sixty-five (65) feet measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated. Minimum lot widths for duplex structures shall be one and one-half (1½) times the lot size for single-family homes.

(Ord. No. 1974-C, § 72.12, 9-17-74)

Sec. 60-102. - Signs.

Sign regulations for R-12 districts shall be as follows:

(1)

On-site signs only are permitted and shall not exceed twelve (12) inches by twenty-four (24) inches in size and shall be for identification purposes only.

(2)

No sign shall be placed closer than fifteen (15) feet to the right-of-way line.

(Ord. No. 1974-C, § 72.13, 9-17-74)

Sec. 60-103. - Setbacks.

Setback requirements for R-12 districts shall be as follows:

(1)

Property adjacent to state, federal, county, and city streets, roads or highways shall maintain a twenty-five-foot setback line from the front property line except signs which shall maintain a fifteen-foot setback.

(2)

In the case of easements for ingress or egress, however stated, the setback shall be fifteen (15) feet from the edge of the easement.

(3)

The building line from any rear or side property line for single-family dwelling units and accessory buildings thereto shall be fifteen (15) feet.

(4)

The building line from any rear or side property line for single-family dwelling units and accessory buildings thereto shall be fifteen (15) feet.

(5)

Recreational vehicles, such as, but not limited to campers, camper trailers, boats and/or boat trailers, shall be parked behind the building setback lines.

(Ord. No. 1974-C, § 72.14, 9-17-74)

Sec. 60-104. - Off-street parking for duplex structures.

Duplex structures shall provide parking facilities on property other than streets, road right-of-ways, highways, alleys, easements for egress or ingress, however stated, with a minimum of two hundred twenty (220) square feet per dwelling unit.

(Ord. No. 1974-C, § 745.15, 9-17-74)

Sec. 60-110.- Purpose and intent.

The purpose of R-10 districts is to provide single-family and duplex housing in an urban area where needed, and where urban conveniences and facilities can be provided.

(Ord. No. 1974-C, § 73.10, 9-17-74)

Sec. 60-111. - Permitted uses.

The following uses are permitted within R-10 districts:

(1)

Dwellings having a minimum living area as follows:

a.

Single-family. One thousand (1,000) square feet, which shall not include garages, carports or utility rooms.

b.

Reserved.

(2)

Buildings, structures, or uses maintained or operated by a body having the right of eminent domain.

(Ord. No. 1974-C, § 73.11, 9-17-74; Ord. No. 1987-A, 2-17-87)

Sec. 60-112. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate, utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within R-10 districts:

(1)

Golf courses;

(2)

Marinas;

(3)

Educational institutions;

(4)

Hospitals;

(5)

Airports;

(6)

Cemeteries;

(7)

Planned unit developments.

(8)

Duplex housing having a minimum living area of nine hundred (900) square feet per dwelling unit, not including carports, garages or utility rooms.

(Ord. No. 1974-C, § 73.16, 9-17-74; Ord. No. 1987-A, 2-17-87)

Sec. 60-113. - Other possible uses.

Other similar enterprises or businesses may be permitted within R-10 districts, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided however, the city council may make the findings, which findings shall be conclusive.

(Ord. No. 1974-C, § 73, 9-17-74)

Sec. 60-114. - Uses expressly prohibited.

The following uses are expressly prohibited within R-10 districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Commercial enterprises;

(4)

Pets, other than the normal domesticated household pets, such as dogs and cats;

(5)

Any use prohibited by the city council;

(6)

Any uses expressly permitted in the other zones that are not provided for under the permitted use section of this zone.

(Ord. No. 1974-C, § 73.18, 9-17-74)

Sec. 60-115. - Lot size, width.

Lot size and lot width for R-10 districts shall be as follows:

(1)

Lot size. A minimum usable land area of not less than ten thousand (10,000) square feet.

(2)

Lot width. The minimum width of lots, parcels or tracts, however designated, shall be seventy-five (75) feet measured at the building setback line and forty (40) feet measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated, for single-family and duplex structures. Minimum lot widths for duplex structures shall be one and one-half (1½) times the lot width for single-family homes.

(Ord. No. 1974-C, § 73.12, 9-17-74)

Sec. 60-116. - Signs.

Sign regulations for R-10 districts shall be as follows:

(1)

On-site signs only are permitted and shall not exceed twelve (12) inches by twenty-four (24) inches in size and shall be used for identification purposes only.

(2)

No sign shall be placed closer than fifteen (15) feet to the right-of-way line.

(Ord. No. 1974-C, § 73.13, 9-17-74)

Sec. 60-117. - Setbacks.

Setback requirements for R-10 districts shall be as follows:

(1)

Property adjacent to state, federal, county and city streets, roads, or highways shall maintain a twenty-five-foot setback line from the front property line except signs which shall maintain a fifteen-foot setback.

(2)

In the case of easements for ingress or egress, however stated, the setback shall be fifteen (15) feet from the edge of the easement.

(3)

The building line from any rear or side property line shall be fifteen (15) feet.

(4)

Recreational vehicles, such as, but not limited to campers, camper trailers, boats and/or boat trailers, shall be parked behind building setback lines.

(Ord. No. 1974-C, § 73.14, 9-17-74)

Sec. 60-118. - Off-street parking.

Off-street parking shall be provided on property in R-10 districts other than streets, road right-of-ways, highways, alleys, easements for ingress or egress, however stated, at a ratio of two (2) parking spaces per dwelling unit. A parking space shall consist of two hundred twenty (220) square feet of space.

(Ord. No. 1974-C, § 73, 9-17-74)

Sec. 60-119.- Purpose and intent.

The purpose and intent of this district is to provide for the development of residential areas permitting high population density for single-and multiple-family residences on moderate size building lots.

(Ord. No. 1987-R, 7-7-87)

Sec. 60-120. - Permitted uses.

The following uses shall be permitted in the R-8 district:

(1)

Multiple-family dwellings.

(2)

Accessory buildings and structures provided that such structures:

a.

Are located in the rear yard;

b.

Maintain side yards which are consistent with those required for the principal structure; and

c.

Are located at least five (5) feet from the rear lot line.

(Ord. No. 1987-R, 7-7-87)

Sec. 60-121. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate utilizing the guidelines established under Article V, General District Provisions, for the uses conditionally permitted within R-8 district.

(Ord. No. 1987-R, 7-7-87)

Sec. 60-122. - Use limitations.

No use in an R-8 district shall:

(1)

Produce a nuisance in the district.

(2)

Create excessive traffic conditions or require on-street parking.

(Ord. No. 1987-R, 7-7-87)

Sec. 60-123. - Temporary construction offices.

In the event a temporary construction office may be required or necessary for the construction of any building either residential, single or multiple, the contractor shall secure from the city clerk a permit for a temporary construction office at the time of securing approval for the construction of the project. Said temporary construction office, however, shall be located at the construction site not more than thirty (30) days prior to commencement of construction. The temporary office shall be removed within thirty (30) days after issuance of certificate of occupancy for the entire project.

(Ord. No. 1987-R, 7-7-87)

Sec. 60-124. - General requirements.

The general requirements for an R-8 district shall be as follows:

(1)

Lot area (in square feet).

Multiple-family dwelling, minimum .....6,500

a.

First dwelling unit, minimum .....6,500

b.

Each additional one-bedroom dwelling unit, minimum per unit .....2,000

c.

Each additional two-bedroom dwelling unit, minimum per unit .....2,750

d.

Each additional three-bedroom dwelling unit, minimum per unit .....3,500

e.

Each additional four-bedroom dwelling unit, minimum per unit .....4,250

(2)

Lot width. Sixty (60) feet minimum.

(3)

Living area (in square feet).

Multiple-family dwelling:

a.

Each one-bedroom dwelling unit, minimum per unit .....600

b.

Each two-bedroom dwelling unit, minimum per unit .....750

c.

Each three-bedroom dwelling unit, minimum per unit .....900

d.

Each four or more bedroom dwelling unit, minimum per unit .....1,050

(4)

Height. Multiple-family dwelling, not to exceed thirty-five (35) feet.

(5)

Elevation.

a.

Any structure designed or used for a dwelling unit or having toilet facilities shall have the elevation of the floor of its lowest story at least six (6) inches higher than the crown of the road at the front of the structure.

b.

Any structure located on a lot abutting a lake shall have the elevation of its lowest story at least two (2) feet higher than the mean high water level of such lake.

(6)

Lot coverage. The principal structure shall not occupy more than forty (40) percent of entire lot area of interior lots and fifty (50) percent of corner lots. This requirement governs above all other requirements.

(7)

Front yard. Property adjacent to state, federal, county and city streets, roads or highways shall maintain a twenty-five (25) foot setback line from the front property line except signs which shall maintain a fifteen (15) foot setback.

(8)

Side and back yard.

Multiple-family dwelling:

a.

Side yards:

1.

Interior lots: Seven and one-half foot minimum.

2.

Corner lots: Same as interior lots except where there is an adjacent interior lot which faces the same street as the side yard of the corner lot. In this case, the street side yard of the house on the corner lot will be at least one-half of the front yard required for the house on the adjacent interior lot.

b.

Rear yard: Not less than twenty (20) percent of lot depth but need not exceed thirty (30) feet.

(Ord. No. 1987-R, 7-7-87)

Sec. 60-125. - Off-street parking and loading.

Off-street parking and loading spaces shall be provided on the basis of:

Multiple-family dwellings: Two (2) parking spaces shall be provided for each six hundred (600) square feet of living space.

(Ord. No. 1987-R, 7-7-87)

Sec. 60-131.- Purpose and intent.

The purpose of MHRP districts is to provide for a mobile home in an urban setting, where the mobile home may or may not be owned by the person residing therein, provided however, that the real property for the entire mobile home community is under single ownership and thereby a rental fee is paid to the property owner for the use of the land on which the dwelling structure is placed.

(Ord. No. 1974-C, § 74.10, 9-17-74)

Sec. 60-132. - Permitted uses.

The following uses are permitted within MHRP districts:

(1)

Mobile homes which are single-family detached dwelling structures having a minimum living area of six hundred (600) square feet, which shall not include carports, garages, or utility rooms;

(2)

Accessory structures such as carports, utility buildings, etc., thereto, but not to include guest cottages;

(3)

Public parks or public recreational facilities incidental to the mobile home park but not to include commercial recreational enterprises;

(4)

Self-service laundromats, provided however, that this land use is so situated within the park as to be equally convenient to all residents of the park, and also provided that it is intended for use of the residents of the park only;

(5)

Buildings, structures, or uses maintained or operated by a body having the right of eminent domain.

(Ord. No. 1974-C, § 74.11, 9-17-74)

Sec. 60-133. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate, utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within MHRP districts:

(1)

Golf courses;

(2)

Food and beverage stores;

(3)

Marinas;

(4)

Newsstands;

(5)

Restaurants;

(6)

Churches;

(7)

Travel trailer areas;

(8)

Planned unit developments.

(Ord. No. 1974-C, § 74.16, 9-17-74)

Sec. 60-134. - Other possible uses.

Other similar enterprises or businesses may be permitted within MHRP districts, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided however, the city council may make the findings, which findings shall be conclusive.

(Ord. No. 1974-C, § 74.17, 9-17-74)

Sec. 60-135. - Uses expressly prohibited.

The following uses are expressly prohibited within MHRP districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Commercial enterprises;

(4)

Pets, other than the normal domesticated household pets, such as dogs and cats;

(5)

Any uses prohibited by the city council;

(6)

Any use expressly permitted in the other zones that are not provided for under the permitted use section of this zone.

(Ord. No. 1974-C, § 74.18, 9-17-74)

Sec. 60-136. - Master park plan.

(a)

A master park plan review and approval is required for all mobile home parks within MHRP districts. No construction, extension, alteration or disturbance of the land or its natural features and vegetation shall take place, nor shall any building permit be issued, prior to the issuance of a master park plan permit by the city clerk.

(b)

The master park plan review process may be undertaken by any city official deemed appropriate by the city council.

(c)

The entire procedure for the preparation of the master park plan is as follows:

(1)

Upon completion of preliminary design plans, the developer shall submit the plans to the city clerk, who shall set a date for a meeting between the developer and the planning and zoning board.

(2)

The planning and zoning board, and any other city official deemed necessary by the planning and zoning board, shall review the preliminary plans. Upon approval, the developer shall proceed with his engineering plans.

(3)

The developer, his engineer and land surveyor, shall proceed to submit design and engineering plans to the subdivision advisory committee as outlined in section 19-28.

(4)

The master park plan shall be prepared by an architect, surveyor, or land planner, together with an engineer, and shall be submitted to the city on a reproducible sheet, size twenty-four (24) inches by thirty-six (36) inches with two (2) prints drawn to scale and shall contain the following information:

a.

Name of park, park owner and address;

b.

Exact dimensions of all existing and proposed buildings, structures, streets, driveways, off-street parking spaces, off-street loading spaces, sidewalks and buffer areas;

c.

The number of mobile homes proposed;

d.

The existing and proposed land use of all areas, buffers and structures within the park;

e.

Any abutting public street, delineating both the location of the right-of-way and the pavement;

f.

Existing and proposed topography at one-foot contour intervals;

g.

Complete legal description of the property;

h.

Required permits and approvals from agencies of the state;

i.

Location of water and sewerage disposal plants, if applicable.

(5)

The fee for the review of the master park plan and issuance of the master park plan permit shall be established in a separate ordinance by the city council.

(Ord. No. 1974-C, § 74.12, 9-17-74)

Sec. 60-137. - General requirements.

General requirements for MHRP districts shall be as follows:

(1)

Lot size.

a.

The mobile home park shall have a minimum usable land area of five thousand (5,000) square feet per dwelling unit.

b.

When special design techniques, such as clustering, are utilized each mobile home shall be placed on a minimum of two thousand five hundred (2,500) square feet of land area, and shall not be placed closer than ten (10) feet to any adjacent mobile homes or accessory structures, or any overhangs or appurtenances thereto.

c.

The front of a mobile home may not be placed less than fifteen (15) feet from the edge of pavement or right-of-way line, whichever is greater.

d.

The provisions of paragraphs (b) and (c) shall not be construed to waive the requirements of paragraph (a) of this subsection.

(2)

Lot width. The minimum width of lots, parcels or tracts, however designated, shall be fifty (50) feet at the building setback line and thirty (30) feet measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(3)

Approval by state, conformity to code. All mobile homes must be approved by the state and conform to the Standard Building Code.

(4)

Building permit. A building permit must be obtained for each mobile home and all additions and other appurtenances thereto.

(5)

Streets. All interior streets must meet city specifications according to the subdivision regulations of the city. As found necessary, those requirements may be waived by the city council.

(Ord. No. 1974-C, § 74.13, 9-17-74; Ord. No. 1987-O, 7-7-87)

Sec. 60-138. - Signs.

Sign regulations for MHRP districts shall be as follows:

(1)

On-site signs. The following on-site signs shall be permitted:

a.

Nameplates not exceeding twelve (12) inches by twenty-four (24) inches for the purpose of identification of the occupant of the premises;

b.

One (1) double-faced sign not to exceed twelve (12) square feet per face, or two (2) single-faced signs not to exceed twelve (12) square feet per face, pertaining only to the rental, sale or lease of the premises, or the name and street address of the development, provided however, that where the development has frontage exceeding three hundred thirty (330) feet on any public street or right-of-way, additional signs may be placed at the same ratio.

(2)

Proximity to right-of-way line. No sign shall be placed closer than fifteen (15) feet to the right-of-way line.

(3)

Off-site signs. Off-site signs are not permitted.

(Ord. No. 1974-C, § 74.14, 9-17-74)

Sec. 60-139. - Setbacks.

Setback requirements for MHRP districts shall be as follows:

(1)

Property adjacent to state, federal, county and city streets, roads or highways shall maintain a thirty-foot setback line from the front property line except signs which shall maintain a fifteen-foot setback.

(2)

In the case of easements for ingress and egress, however stated, the setback shall be fifteen (15) feet from the edge of the easement.

(3)

The building line from any rear or side property line shall be fifteen (15) feet.

(4)

Recreational vehicles, such as, but not limited to campers, camper trailers, boats and/or boat trailers, shall be parked behind the building setback lines.

(5)

If central sewerage facilities are necessary, they shall be one hundred (100) feet from any property line and shall include a vegetative buffer or decorative fencing, or chain link fencing if a vegetative buffer is used, to protect residents and property.

(Ord. No. 1974-C, § 74.15, 9-17-74)

Sec. 60-151.- Purpose and intent.

The purpose of MHS districts is to provide for single-family mobile home residential districts in urban areas, where the land is in multiple ownership.

(Ord. No. 1974-C, § 745.10, 9-17-74)

Sec. 60-152. - Permitted uses.

The following uses are permitted within MHS districts:

(1)

Mobile homes which are single-family detached dwelling structures having a minimum living area of six hundred (600) square feet which shall not include carports, garages or utility rooms;

(2)

Accessory structures such as carports, utility buildings, etc., thereto, but not to include guest cottages;

(3)

Public parks or recreational facilities incidental to the mobile home subdivision;

(4)

Buildings, structures or uses maintained or operated by a body having the right of eminent domain.

(Ord. No. 1974-C, § 745.11, 9-17-74)

Sec. 60-153. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate, utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within MHS districts:

(1)

Golf courses;

(2)

Food and beverage stores;

(3)

Marinas;

(4)

Churches;

(5)

Educational institutions;

(6)

Planned unit developments.

(Ord. No. 1974-C, § 745.15, 9-17-74)

Sec. 60-154. - Other possible uses.

Other similar enterprises or businesses may be permitted within MHS districts, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided, however, the city council may make the findings which findings shall be conclusive.

(Ord. No. 1974-C, § 745.16, 9-17-74)

Sec. 60-155. - Uses expressly prohibited.

The following uses are expressly prohibited with MHS districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Commercial enterprises;

(4)

Pets, other than the normal domesticated household pets, such as dogs and cats;

(5)

Any uses prohibited by the city council;

(6)

Any use expressly permitted in the other zones that are not provided for under the permitted use section of this zone.

(Ord. No. 1974-C, § 745.17, 9-17-74)

Sec. 60-156. - General requirements.

General requirements for MHS districts shall be as follows:

(1)

Lot size. A minimum usable land area of not less than five thousand (5,000) square feet per dwelling unit.

(2)

Lot width. The minimum width of lots, parcels or tracts, however designated, shall be fifty (50) feet at the building setback line and forty (40) feet measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(3)

Approval by state, conformity to code. All mobile homes must be approved by the state and conform to the Standard Building Code for Mobile Homes.

(Ord. No. 1974-C, § 745.12, 9-17-74; Ord. No. 1986-R, 10-21-86)

Sec. 60-157. - Signs.

Sign regulations for MHS districts shall be as follows:

(1)

On-site signs.

a.

Nameplates not exceeding twelve (12) inches by twenty-four (24) inches for the purpose of identification of the occupant of the premises;

b.

One (1) double-faced sign not to exceed twelve (12) square feet per face, or two (2) single-faced signs not to exceed twelve (12) square feet per face, pertaining only to the sale of the premises, or the name and street address of the development, provided, however, that where the development has frontage exceeding three hundred thirty (330) feet on any public street or right-of-way, additional signs may be placed at the same ratio.

(2)

Proximity to right-of-way line. No sign shall be placed closer than fifteen (15) feet to the right-of-way line.

(3)

Off-site signs. Off-site signs are not permitted.

(Ord. No. 1974-C, § 745.13, 9-17-74)

Sec. 60-158. - Setbacks.

Setback requirements for MHS districts shall be as follows:

(1)

Property adjacent to state, federal, county and city streets, roads or highways shall maintain a fifteen-foot setback line from the front of the property line.

(2)

In the case of easements for ingress and egress, however stated, the setback shall be fifteen (15) feet from the edge of the easement.

(3)

The building line from any rear property line shall be ten (10) feet, which shall include any appurtenances thereto, and shall be five (5) feet from any side property line, including appurtenances thereto.

(4)

Recreational vehicles, such as, but not limited to campers, camper trailers, boats and/or boat trailers, shall be parked behind the building setback lines.

(Ord. No. 1974-C, § 745.14, 9-17-74; Ord. No. 1986-S, 10-21-86; Ord. No. 1987-F, 4-21-87)

Sec. 60-171.- Purpose and intent.

The purpose and intent of RP districts is to provide for single-or multiple-family housing in an urban area where needed and where urban convenience and facilities can be provided; also to provide for those professional services not in direct conflict with the residential usage, and which do not generate traffic of such a nature as to require commercial or industrial zoning.

(Ord. No. 1974-C, § 75.10, 9-17-74)

Sec. 60-172. - Permitted uses.

The following uses are permitted within RP districts:

(1)

Dwellings having a minimum living area as follows:

a.

Single-family. Fifteen hundred (1500) square feet, which shall not include balconies or porches, carports, garages or utility rooms;

b.

Duplex, triplex and quadruplex dwellings. One thousand (1000) square feet per dwelling unit, which shall not include balconies or porches, carports, garages or utility rooms;

c.

Multifamily dwelling. Six hundred (600) square feet per dwelling unit, which shall not include balconies or porches, carports or utility rooms.

(2)

Accessory buildings or structures thereto, but not to include guest cottages.

(3)

Professional offices, studios and clinics for:

a.

Accountants and/or economic consultants, stock broker offices;

b.

Attorneys;

c.

Doctors, dentists, optometrists, oculists, chiropractors and others licensed by the state to practice the healing arts;

d.

Engineers, architects, surveyors, draftsmen, industrial designers, model makers, planners, sculptors and artists;

e.

Advertising agencies;

f.

Insurance, real estate and/or escrow or abstract offices;

g.

Secretarial and telephone answering services.

All professional and service operations must be confined to the structures in which they are housed. No professional offices may be occupied by a family as a full-time dwelling unit.

(4)

Buildings, structures or uses maintained or operated by a body having the right of eminent domain.

(Ord. No. 1974-C, § 75.11, 9-17-74)

Sec. 60-173. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant, as deemed appropriate, utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within RP districts:

(1)

Golf courses;

(2)

Marinas;

(3)

Educational institutions;

(4)

Churches;

(5)

Hospitals;

(6)

Planned unit developments;

(7)

Condominiums;

(8)

Restaurants whose purposes are consistent with the general plan, zoning regulations and public interest; such restaurants shall only operate between the hours of 7:00 a.m. and 12:00 p.m.;

(9)

Funeral homes and mortuaries, but not to include crematoriums;

(10)

Mid or high-rise apartment buildings;

(11)

Agricultural use;

(12)

Plant nursery;

(13)

Daycare nursery;

(14)

Recreational vehicle parks.

(Ord. No. 1974-C, § 75.16, 9-17-74; Ord. No. 1982-D, § 1, 8-17-82; Ord. No. 1984-K, 9-4-84)

Sec. 60-174. - Other possible uses.

Any similar enterprise or businesses may be permitted within RP districts, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided, however, the city council may make the findings which findings shall be conclusive.

(Ord. No. 1974-C, § 75.17, 9-17-74)

Sec. 60-175. - Uses expressly prohibited.

The following uses are expressly prohibited within RP districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Pets, other than the normal domesticated household pets, such as dogs and cats;

(4)

Any uses prohibited by the city council;

(5)

Any use expressly permitted in the other zones that are not provided for under the permitted use section of this zone.

(Ord. No. 1974-C, § 75.18, 9-17-74; Ord. No. 1982-D, § 2, 8-17-82)

Sec. 60-176. - General requirements.

General requirements for RP districts shall be as follows:

(1)

Lot size. Lot size shall be:

a.

Single-family detached dwelling units. Not less than fifteen thousand (15,000) square feet of usable land per dwelling unit. All requirements must meet the conditions established for the R-15 districts.

b.

Duplex, triplex and quadruplex.

1.

Duplex. All requirements must meet the conditions established in the R-15 districts for duplex housing.

2.

Triplex. A minimum usable land area of not less than nineteen thousand (19,000) square feet per structure.

3.

Quadruplex and multifamily. A minimum usable land area of not less than twenty thousand (20,000) square feet per structure.

c.

Professional offices. A minimum usable land area of not less than ten thousand (10,000) square feet per structure.

(2)

Lot width. The minimum width of lots, parcels or tracts, however designated, shall be sixty (60) feet measured at the building setback line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated, for single-family and duplex structures. For three (3) or more families, the minimum width of lots, parcels or tracts, however designated, shall be seventy-five (75) feet, measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(3)

Density. The overall density of multifamily developments may not exceed more than twenty-five (25) dwelling units per acre.

(Ord. No. 1974-C, § 75.12, 9-17-74)

Sec. 60-177. - Signs.

Sign regulations for RP districts shall be as follows:

(1)

On-site signs. The following on-site signs shall be permitted:

a.

Nameplates not exceeding twelve (12) inches by twenty-four (24) inches for the purpose of identification of the occupant of the premises;

b.

One (1) double-faced sign not to exceed twelve (12) square feet per face, or two (2) single-faced signs not to exceed twelve (12) square feet per face pertaining only to the rental, sale or lease of the premises, or the name and street address of the development, or the services available to the public, provided, however, that where the development has frontage exceeding three hundred thirty (330) feet on any public street or right-of-way, additional signs may be placed at the same ratio.

(2)

Proximity to right-of-way line. No sign shall be placed closer than ten (10) feet to the right-of-way line.

(3)

Off-site signs. Off-site signs are not permitted.

(Ord. No. 1974-C, § 75.13, 9-17-74)

Sec. 60-178. - Setbacks.

Setback requirements for RP districts shall be as follows:

(1)

Property adjacent to state, federal, county and city streets, roads or highways shall maintain a twenty-foot setback from the front property line except signs which shall maintain a ten-foot setback.

(2)

The building line from any rear or side property line shall be:

a.

For any building not exceeding two (2) stories in height, ten (10) feet, except corner lots which shall maintain a fifteen-foot setback line.

b.

For any building exceeding two (2) stories in height, ten (10) feet plus fifteen (15) feet for each story in excess of two (2). Corner lots shall have a setback of fifteen (15) feet plus fifteen (15) feet for each story in excess of two (2).

(3)

Recreational vehicles, such as, but not limited to campers, camper trailers, boats and/or boat trailers shall be parked behind building setback lines.

(4)

In areas where there is existing development the setback line shall be determined by the mean setback line of previously built structures.

(Ord. No. 1974-C, § 75.14, 9-17-74)

Sec. 60-179. - Off-street parking.

(a)

Off-street parking in RP districts shall be provided on property other than streets, road right-of-ways, highways, alleys, easements for ingress or egress, however stated, at the ratio of:

(1)

Single-family and duplex structures, one (1) parking place per dwelling unit;

(2)

Triplex, quadruplex and multifamily structures; two (2) parking places per dwelling unit;

(3)

For all other establishments listed as permitted uses see Article IV for a separate list of off-street parking regulations and requirements.

(b)

A parking place shall contain two hundred twenty (220) square feet of space.

(Ord. No. 1974-C, § 75.15, 9-17-74)

Sec. 60-191.- Purpose and intent.

(a)

The purpose and intent of C-1 districts is to promote the orderly growth and development of light retail services for the convenience needs of the nearby residents, improve the opportunity for local employment and economic activity, and achieve the intent of the land use regulations and comprehensive plan of the city.

(b)

These districts are established to:

(1)

Encourage the design and development of suitable areas for general types of business activities which desire locations with direct access to major throughfares and offer a variety of goods and services to major segments of the community;

(2)

Discourage the creation or continuation of conditions that would detract from the function, operation and appearance of commercial areas;

(3)

Provide an area for governmental and community service offices to be located in a conveniently situated area so as to allow easy accessibility to all members of the community.

(Ord. No. 1974-C, § 76.10, 9-17-74)

Sec. 60-192. - Permitted uses.

The following uses are permitted within C-1 districts:

(1)

Shops and stores for general goods and services, such as, but not limited to books, clothing, furniture and small appliance stores;

(2)

Convenience food and beverage establishments including drive-in restaurants;

(3)

Drug and pharmacy stores;

(4)

Shops and studios for general services such as, but not limited to haircutting and styling, shoe repair, picture framing, dry cleaning and/or self-service coin-operated laundries;

(5)

Variety stores;

(6)

Shops and stores for the overhaul and repair of radios, television sets or small electrical appliances;

(7)

Food retail establishments, such as, but not limited to bakery and candy stores where products are produced for retail trade only;

(8)

Delicatessen and gourmet food stores;

(9)

Banks, savings and loan and other lending institutions;

(10)

Bars;

(11)

Government and community services, such as but not limited to:

a.

Governmental administrative offices;

b.

Courts of law;

c.

Community service organizations;

d.

Post offices;

e.

City hall;

f.

Selective service offices;

g.

Public utilities offices;

h.

Department of motor vehicles offices;

i.

Art galleries;

j.

Museums.

(12)

Accessory buildings and structures thereto;

(13)

Buildings, structures or uses maintained or operated by a body having the right of eminent domain.

(Ord. No. 1974-C, § 76.11, 9-17-74)

Sec. 60-193. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate, utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within C-1 districts:

(1)

Automobile service stations;

(2)

Nurseries and florist shops, where all items are grown and displayed within enclosed buildings;

(3)

Mobile home sales centers;

(4)

Veterinary clinics;

(5)

Theaters, public swimming pools;

(6)

Automatic and self-service car washes;

(7)

Retail shopping centers;

(8)

Large foodstores and supermarkets;

(9)

Hospitals;

(10)

Educational institutions;

(11)

Professional offices with rental units;

(12)

Amusement centers.

(Ord. No. 1974-C, § 76.17, 9-17-74; Ord. No. 1987-H, 6-2-87)

Sec. 60-194. - Other possible uses.

Other similar enterprises or businesses may be permitted within C-1 districts, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided, however, the city council may make the findings, which findings shall be conclusive.

(Ord. No. 1974-C, § 76.18, 9-17-74)

Sec. 60-195. - Uses expressly prohibited.

The following uses are expressly prohibited within C-1 districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Any uses prohibited by the city council;

(4)

Any use expressly permitted in the other zones that are not provided for under the permitted use section of this zone.

(Ord. No. 1974-C, § 76.19, 9-17-74)

Sec. 60-196. - Lot size, width.

Lot size and lot width for C-1 districts shall be as follows:

(1)

Lot size. A minimum usable land area of not less than ten thousand (10,000) square feet.

(2)

Lot width. The minimum width of lots, parcels or tracts, however designated, shall be ninety (90) feet measured at the building setback line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(Ord. No. 1974-C, § 76.12, 9-17-74)

Sec. 60-197. - Signs.

Sign regulations for C-1 districts shall be as follows:

(1)

On-site signs. The following on-site signs shall be permitted: One (1) double-faced sign not to exceed thirty-five (35) square feet per face, or two (2) single-faced signs not to exceed thirty-five (35) square feet per face and an additional single-faced sign not to exceed twenty-five (25) square feet per face, all signs pertaining to the name, address and type of merchandise or service offered by the established commercial use.

(2)

Proximity to right-of-way line. No sign shall be placed closer than ten (10) feet to the right-of-way line.

(3)

Off-site signs. Off-site signs are not permitted.

(Ord. No. 1974-C, § 76.13, 9-17-74)

Sec. 60-198. - Setbacks.

Setback requirements for C-1 districts are as follows:

(1)

Property adjacent to state, federal, county and city streets, roads or highways shall maintain a twenty-foot setback line from the front property line except signs which shall maintain a ten-foot setback.

(2)

The building line from any side property line shall be regulated according to the following:

a.

For any structure in any lot, parcel or tract, however designated, the side property line shall be a minimum of ten (10) feet.

b.

For any group of two (2) or more contiguous buildings on any one (1), two (2) or more lots, parcels or tracts, however designated, the side property line may not be subject to any side setback requirement. However, the rear setback requirement will be increased to a minimum of thirty (30) feet. All other building groups will have a minimum of a ten-foot side setback.

(3)

The building line for any rear property line shall be regulated according to the following:

a.

For any single structure on any lot, parcel or tract, however designated, the rear property line shall be a minimum of ten (10) feet.

b.

For any group of two (2) or more contiguous buildings on any one (1), two (2) or more lots, parcels or tracts, however designated, where there is a zero side setback line the rear setback line will be a minimum of thirty (30) feet. All other building groups shall have a minimum rear setback line of ten (10) feet.

(4)

In areas where there is existing development the setback line shall be determined by the mean setback line of previously built structures.

(Ord. No. 1974-C, § 76.14, 9-17-74)

Sec. 60-199. - Off-street parking.

See Article IV for a separate list of off-street parking requirements.

(Ord. No. 1974-C, § 76.15, 9-17-74)

Sec. 60-200. - Off-street loading.

See Article IV for a separate list of off-street loading requirements.

(Ord. No. 1974-C, § 76.16, 9-17-74)

Sec. 60-211.- Purpose and intent.

The purpose of C-2 districts is to provide an area for those structures which by their use and location are especially adapted to the conduct of the business of wholesale distribution and storage; and to provide an area for the full-scale retail service needs of the total community.

(Ord. No. 1974-C, § 77.10, 9-17-74)

Sec. 60-212. - Permitted uses.

The following uses are permitted within C-2 districts:

(1)

Those uses permitted in the C-1 districts;

(2)

Bus, cab, repair and service establishments;

(3)

Heating and air-conditioning sales and service;

(4)

Automotive centers and salesrooms which may include accessory uses thereto consisting of used car sales, paint, body and fender shops, service areas and any other similar type use incidental to the principal use;

(5)

Gasoline service stations provided that:

a.

All structures including storage tanks and pumps are placed not less than thirty (30) feet from the property line;

b.

The number of curb cuts for an establishment shall not exceed two (2) for each one hundred (100) feet of street frontage, or fraction thereof, each having a width of not more than fifty (50) feet, and not located closer than twenty (20) feet to the street intersection;

c.

Two (2) or more curb cuts on the same street shall be separated by an area of not less than fifteen (15) feet;

d.

No gasoline service station shall be closer than three hundred thirty (330) feet to any church or school;

e.

Conduct repair services in an area screened from the view of the public on any street or road, and from property owned by others;

f.

Not more than two (2) vehicles not in operational condition may be stored on the property at any one time and the inoperable vehicles shall be located within the screened area.

(6)

Storage and wholesale distribution warehouses;

(7)

Buildings, structures or uses having the right of eminent domain.

(Ord. No. 1974-C, § 77.11, 9-17-74)

Sec. 60-213. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within C-2 districts:

(1)

Large scale shopping centers;

(2)

Planned unit developments including shopping centers.

(3)

Any construction or enlargement of any barbed wire fence.

(Ord. No. 1974-C, § 77.18, 9-17-74; Ord. No. 1984-P, § 2, 11-20-84)

Sec. 60-214. - Other possible uses.

Other similar enterprises or businesses may be permitted within C-2 districts, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided, however, the city council may make such findings which findings shall be conclusive.

(Ord. No. 1974-C, § 77.19, 9-17-74)

Sec. 60-215. - Uses expressly prohibited.

The following uses are expressly prohibited within C-2 districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Any uses prohibited by the city council;

(4)

Any use expressly permitted in the other zones that are not provided for under the permitted use section of this zone.

(Ord. No. 1974-C, § 77.20, 9-17-74)

Sec. 60-216. - Lot size, width.

Lot size and lot width for C-2 districts shall be as follows:

(1)

Lot size. A minimum usable land area of not less than fifteen thousand (15,000) square feet.

(2)

Lot width. The minimum width of lots, parcels or tracts, however designated, shall be one hundred (100) feet measured at the building setback line and eighty (80) feet measured at the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(Ord. No. 1974-C, § 77.12, 9-17-74)

Sec. 60-217. - Signs.

Sign regulations for C-2 districts shall be as follows:

(1)

On-site signs. The following on-site signs shall be permitted: One (1) double-faced sign not to exceed thirty-five (35) square feet per face, or two (2) single-faced signs not to exceed thirty-five (35) square feet per face and an additional single-faced sign not to exceed twenty-five (25) square feet per face pertaining to the name, address and type of merchandise or service offered by the established commercial use.

(2)

Proximity to right-of-way line. No sign shall be placed closer than fifteen (15) feet to the right-of-way line.

(3)

Proximity to residential districts. No sign or portion thereof shall be closer than twenty-five (25) feet to a residential district.

(4)

Off-site signs. Off-site signs are not permitted.

(Ord. No. 1974-C, § 77.13, 9-17-74)

Sec. 60-218. - Setbacks.

Setback requirements for C-2 districts are as follows:

(1)

Property adjacent to state, federal, county and city streets, roads or highways shall maintain a twenty-foot setback line from the front property line except signs which shall maintain a fifteen-foot setback.

(2)

The building line from any side property line shall be regulated according to the following:

a.

For any single structure on any lot, parcel or tract, however designated, the side property line shall be a minimum of fifteen (15) feet;

b.

For any group of two (2) or more contiguous buildings on any one (1), two (2) or more lots, parcels or tracts, however designated, the side property line may not be subject to any side setback regulation. However, the rear setback requirements will be increased to a minimum of thirty-five (35) feet. All other building groups will have a minimum rear setback line of fifteen (15) feet.

(3)

In areas where there is existing development the setback line shall be determined by the mean setback line of previously built structures.

(Ord. No. 1974-C, § 77.14, 9-17-74)

Sec. 60-219. - Off-street parking.

See Article IV for a separate list of off-street parking requirements.

(Ord. No. 1974-C, § 77.15, 9-17-74)

Sec. 60-220. - Off-street loading.

See Article IV for a separate list of off-street loading requirements.

(Ord. No. 1974-C, § 77.16, 9-17-74)

Sec. 60-221. - Screening requirements.

(a)

Any use enumerated for C-2 districts may be required to be screened on all sides fronting on streets, roads, highways or easements for ingress or egress, however stated, as well as any parking lot or loading area for automotive vehicles other than passenger cars utilized in the operation of the enterprise at the determination of the city council.

(b)

All parking lots, loading platforms and/or storage areas shall be screened on any side abutting zoning districts other than C-1, C-2, LM or M-1.

(c)

The screening shall be a continuous and consistent fence of a substantial and durable material, such as, but not limited to concrete blocks or redwood to a height and construction necessary to hide from view any vehicle(s) or material(s) stored behind the fence or enclosure, except that the view shall not be considered as applying to the overview portions of elevated highways or views from the air.

(Ord. No. 1974-C, § 77.17, 9-17-74)

Sec. 60-236.- Purpose and intent.

The purpose of LM districts is to provide a method whereby industries engaged in the manufacture and/or sale of products may locate in a clean environment. The regulations of LM districts are intended to encourage the betterment of light industrial development and effect a greater degree of compatibility with the more restrictive districts.

(Ord. No. 1974-C, § 78.10, 9-17-74)

Sec. 60-237. - Permitted uses.

The following uses are permitted within LM districts:

(1)

A site plan as described in Article V, General District Provisions, shall be submitted to, and approved by the planning and zoning board for each of the following:

a.

Research and/or commercial development and testing laboratory facilities, such as, but not limited to:

1.

Film laboratories;

2.

Research and development facilities for the creation of prototypes;

3.

Pharmaceutical, dental, medical, x-ray, and biochemical laboratories.

b.

Manufacture, assembly, testing and repair of components, devices, equipment and systems of an electrical, electronic, or electromechanical nature, such as, but not limited to:

1.

Television and radio equipment and systems;

2.

Phonographic and audio units;

3.

Metering instruments, equipment and systems;

4.

Radar and infrared, and ultraviolet systems and equipment;

5.

Coils, tubes, semiconductors, and similar components;

6.

Scientific and mechanical instruments;

7.

Communications, navigation control, transmissions and reception equipment control and systems guidance equipment and materials;

8.

Optical devices, equipment and systems;

9.

Manufacture of ceramic products using kilns fired by electricity or gas.

c.

Establishments engaged primarily in transportation and distributive enterprises, such as, but not limited to:

1.

Parcel delivery services;

2.

Railroad and busline depots;

3.

Moving and van lines;

4.

Airports;

5.

Messenger and telegraph stations;

6.

Taxi stands.

d.

Public parking.

(2)

Those uses permitted in C-1 districts and C-2 districts;

(3)

Buildings, structures or uses maintained or operated by a body having the right of eminent domain;

(4)

Accessory uses to any uses permitted in these districts, such as, but not limited to:

a.

Recreational areas or facilities;

b.

Administrative, professional or business offices;

c.

Cafeteria, cafe, restaurant, or auditoriums;

d.

Industrial or medical facilities;

e.

One (1) dwelling unit on the same site of a permitted use, which dwelling unit shall be exclusively occupied by the superintendent and his family, by a caretaker and his family, or a watchman or custodian and his family. The use of a trailer or a mobile home for the purpose set forth in this provision is not permitted.

(5)

Offices, studios, clinics for:

a.

Engineers, surveyors, draftsmen, architects, industrial designing, model making, planners, blue printing and photostating.

b.

Editorial and general designing, photo engraving, artist, ceramics arts and sculpture.

c.

Accountants and/or economic consultants and stock brokers.

d.

Attorneys.

e.

Doctors, dentists, optometrists, oculists, chiropractors and other practitioners licensed in the healing arts by the State of Florida.

f.

Veterinary hospitals and clinics and/or kennels.

1.

All animal service and confinement areas shall be in air-conditioned and sound-attenuated buildings.

2.

Air conditioning must be sound attenuated so as to minimize noise from within the building.

3.

Facilities must be adequate to accommodate a minimum of five (5) large animals.

4.

Run shall be in air-conditioned and sound-attenuated buildings.

g.

Insurance, real estate and/or escrow or abstract firms.

h.

Advertising agencies.

i.

Interior decorators, tailors and seamstresses.

j.

Secretarial and telephone answering services.

(6)

Wholesaling or warehousing establishments with or without retail sales, as for example:

a.

Bakeries.

b.

Ice production plants.

c.

Plumbing supplies.

d.

Electrical supplies.

e.

Lumber yards.

f.

Contractors or building material yards.

g.

Glass edging, cutting, beveling or silvering.

(7)

Hospitals, nursing homes, rest homes, homes for the aged or mentally infirm and convalescent centers.

(8)

Laundries and/or dry-cleaning establishments.

(9)

Police or fire stations.

(10)

Telephone exchange buildings.

(11)

Car wash.

(12)

Mobile home sales and storage centers, automotive, vehicular or boat-related sales, rental service and storage and gasoline service stations, to include mechanical repair garages, but not to include junk yards or automobile grave yards. Gasoline service stations are permitted only if:

a.

All structures including storage tanks and pumps are placed not less than thirty (30) feet from the property line;

b.

The number of curb cuts for an establishment shall not exceed two (2) for each one hundred (100) feet of street frontage, or fraction thereof, each having a width of not more than fifty (50) feet, and not located closer than twenty (20) feet to the street intersection;

c.

Two (2) or more curb cuts in the same street shall be separated by an area of not less than fifteen (15) feet;

d.

No gasoline service station shall be closer than three hundred thirty (330) feet to any church or school;

e.

Conduct repair services in an area screened from the view of the public on any street or road, and from property owned by others;

f.

Not more than two (2) vehicles not in operational condition may be stored on the property at any one time and the inoperable vehicle shall be located within the screened area.

(13)

Food and beverage sales establishments, including drive-in facilities, such as but not limited to:

a.

Restaurants.

b.

Taverns, bars and lounges.

(14)

Agriculturally related industry or processing, such as but not limited to:

a.

Wholesale and retail seed and feed stores.

b.

Nurseries and garden centers.

c.

Cold storage and frozen food lockers; meat, poultry and fish storage, cutting and distribution, not to include slaughterhouses.

d.

Citrus candy and wine manufacturing.

e.

Honey extracting and processing plants.

f.

Dairy products and distributing plants, to include ice-cream manufacturing.

(15)

Newspaper and print shops.

(16)

Public parking.

(Ord. No. 1974-C, § 78.11, 9-17-74; Ord. No. 1987-E, 5-19-87)

Sec. 60-238. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate, utilizing the guidelines established under General Provisions, for the following uses conditionally permitted within LM districts:

(1)

Any uses permitted in the preceding section in the event of failure of the planning and zoning board to approve site plans;

(2)

Planned unit developments including commercial and industrial uses.

(3)

Any construction or enlargement of any barbed wire fence.

(Ord. No. 1974-C, § 78.18, 9-17-74; Ord. No. 1984-P, § 3, 11-20-84)

Sec. 60-239. - Other possible uses.

Other similar enterprises or businesses may be permitted within LM districts, which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided however, the city council may make the findings which findings shall be conclusive.

(Ord. No. 1974-C, § 78.19, 9-17-74)

Sec. 60-240. - Uses expressly prohibited.

The following uses are expressly prohibited within C-M districts.

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards;

(2)

Junkyards;

(3)

Commercial enterprises;

(4)

Pets, other than the normal domesticated household pets, such as cats and dogs;

(5)

Any uses expressly permitted in the other zones that are not provided for under the permitted use section of this zone;

(6)

Any use prohibited by the city council.

(Ord. No. 1974-C, § 78.20, 9-17-74; Ord. No. 1987-E, 5-19-87)

Sec. 60-241. - Lot size, width.

Lot size and lot width for LM districts shall be as follows:

(1)

Lot size. A minimum usable land area of not less than fifteen thousand (15,000) square feet.

(2)

Lot width. A minimum width of lots, parcels or tracts, however designated, shall be one hundred (100) feet measured at the building setback line and shall be eighty (80) feet measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(Ord. No. 1974-C, § 78.12, 9-17-74)

Sec. 60-242. - Signs.

Sign regulations for LM districts shall be as follows:

(1)

On-site signs. The following on-site signs shall be permitted: One (1) double-faced sign not to exceed thirty (30) square feet per face, or two (2) single-faced signs not to exceed thirty (30) square feet per face pertaining to the name, address and type or nature of the business establishment on the premises.

(2)

Proximity to right-of-way line. No sign shall be placed closer than fifteen (15) feet to the right-of-way line.

(3)

Proximity to residential districts. No sign or portion thereof shall be closer than twenty-five (25) feet to a residential district.

(4)

Off-site signs. Off-site signs are not permitted.

(Ord. No. 1974-C, § 78.13, 9-17-74)

Sec. 60-243. - Setbacks.

(a)

Setbacks for all buildings and structures in LM districts shall be:

(1)

Not less than thirty-five (35) feet from all streets, roads, highways, or easements for access or egress, however stated;

(2)

No less than thirty-five (35) feet from any zoning district other than C-2 or M-1;

(3)

Not less than thirty-five (35) feet from any property line common to others unless such buildings under separate ownership have a common wall, have access via a parallel access road at the front, and have joint access from the rear.

(b)

In areas where there is a substantial amount of existing development the setback line shall be determined by the mean setback line of the previously built structures.

(Ord. No. 1974-C, § 78.14, 9-17-74)

Sec. 60-244. - Off-street parking.

(a)

See article IV for a listing of off-street parking requirements.

(b)

The area used for setback purposes shall not be used for storage or parking of any nature.

(Ord. No. 1974-C, § 78.15, 9-17-74)

Sec. 60-245. - Off-street loading.

See article IV for a listing of off-street loading requirements.

(Ord. No. 1974-C, § 78.16, 9-17-74)

Sec. 60-246. - Screening requirements.

Any use enumerated for LM districts shall screen loading plat-forms, storage areas, and parking lots in the following manner:

(1)

Loading platforms and storage areas shall be screened on all sides fronting streets, roads, highways, easements for ingress or egress, however stated. Parking lots for motor vehicles other than passenger cars utilized in the operation of the entire production of the enterprise located thereon, shall be screened in a like manner.

(2)

All parking lots, loading platforms, and storage areas shall be screened on any side abutting zoning districts other than C-2, LM, and M-1.

(3)

All screening shall be a continuous and consistent fence of a substantial and durable material, such as, but not limited to concrete blocks or redwood to such a height and construction necessary to hide from view any materials or vehicles stored behind the fence or enclosure; except that the view shall not be considered as applying to the overview portions of elevated highways or views from the air.

(Ord. No. 1974-C, § 78.17, 9-17-74)

Sec. 60-261.- Purpose and intent.

The purpose of M-1 districts is to provide a method whereby industries necessary to the area, but with inherent characteristics which could prove obnoxious or detrimental to an adjacent property or use, may locate in the most suitable and advantageous spots to minimize inconvenience to the general public.

(Ord. No. 1974-C, § 79.10, 9-17-74)

Sec. 60-262. - Permitted uses.

The following uses are permitted within M-1 districts:

(1)

A site plan as called for under Article V, General Provisions, shall be submitted to, and approved by the planning and zoning board for each of the following:

a.

Veterinary hospitals and clinics and/or kennels. All requirements must meet those stipulated in section 60-367.

b.

Establishments primarily engaged in wholesale type enterprises or warehousing, with or without retail sales, such as but not limited to:

1.

Bakeries;

2.

Plumbing supplies;

3.

Electrical supplies;

4.

Lumberyards;

5.

Contractors or building material yards;

6.

Glass edging, beveling or silvering;

c.

Retail food and beverage sales establishments, including drive-in facilities, such as but not limited to:

1.

Restaurants;

2.

Taverns;

3.

Bars;

4.

Lounges.

d.

Agriculturally related industry or processing, such as but not limited to:

1.

Cold storage and frozen food lockers;

2.

Citrus, candy and wine manufacturing;

3.

Honey extracting and processing plant;

4.

Dairy products and distributing plants, to include ice cream plants.

e.

Police and/or fire stations;

f.

Telephone exchange buildings;

g.

Electrical substations, power boosters or conversion plants;

h.

Gas metering stations;

i.

Automotive, vehicular or boat related sales, rental service and storage, not to include mechanical repair garages, junkyards or automobile graveyards;

j.

One (1) dwelling unit on the same site as that of a permitted use, which dwelling shall be occupied exclusively by a superintendent and his family or by a watchman or custodian and his family. The use of a trailer or a mobile home for the purpose set forth in this section is not permitted.

(2)

Buildings, structures or uses maintained or operated by a body having the right of eminent domain.

(Ord. No. 1974-C, § 79.11, 9-17-74)

Sec. 60-263. - Conditional uses.

It shall be the duty of the planning and zoning board to establish the conditions to be imposed upon the applicant as deemed appropriate, utilizing the guidelines established under Article V, General District Provisions, for the following uses conditionally permitted within M-1 districts:

(1)

Any uses permitted in the preceding section in the event of failure of the planning and zoning board to approve site plans;

(2)

Planned unit developments including commercial and industrial uses.

(3)

Any construction or enlargement of any barbed wire fence.

(Ord. No. 1974-C, § 79.18, 9-17-74; Ord. No. 1984-P, § 4, 11-20-84)

Sec. 60-264. - Other possible uses.

Other similar enterprises or businesses may be permitted within M-1 districts which in the opinion of the planning and zoning board are not more obnoxious or detrimental to the particular community than the businesses permitted in this division; provided however, the city council may make the findings, which findings shall be conclusive.

(Ord. No. 1974-C, § 79.19, 9-17-74)

Sec. 60-265. - Uses expressly prohibited.

The following uses shall be prohibited in any M-1 district:

(1)

Dwellings, except living quarters for custodians, guards, and caretakers when such facilities are accessory to the primary use of the property;

(2)

Animal slaughtering, or the confinement of animals for feeding, finishing and preparation for slaughter, including stockyards and feeding pens;

(3)

Asphalt manufacturing or refining, or any similar petroleum or petrochemical refining or manufacturing process;

(4)

Asphalt or concrete paving, mixing or batching plants;

(5)

Corrosive acid manufacture or bulk storage, including but not limited to hydrochloric, nitric, sulphuric or similar acids;

(6)

Bone distillation or the reduction, rendering, incineration, or storage of garbage, animals or animal wastes, fats, fish or similar materials or production;

(7)

Blast furnace, or similar heat or glare generating operations;

(8)

Cement, lime, gypsum, or plaster of Paris manufacture, or the open storage of raw materials or finished products related to such manufacture;

(9)

Glue or gelatin manufacture where the processes involve the refining or recovery of those products from fish, animal or refuse material;

(10)

Tallow, grease, lard, or vegetable oil refining;

(11)

Other uses which are similar to those listed above which are not specifically permitted above, the prohibition of which would promote the intent and purpose of this district. Determination shall be made by the authority and directive of the planning and zoning board in conjunction with the city council.

(Ord. No. 1974-C, § 79.20, 9-17-74)

Sec. 60-266. - General requirements.

Lot size and lot width for M-1 districts shall be as follows:

(1)

Lot size. Minimum site for development shall be determined by the following ratio: For every ten thousand (10,000) square feet of building area or portion thereof, there shall be one (1) acre of ground of off-street parking as provided in Article IV, provided however, that in no case shall lots, parcels or tracts, however designated, contain less than fifteen thousand (15) square feet of usable land.

(2)

Lot width. The minimum width of lots, parcels or tracts, however designated, shall be one hundred (100) feet measured at the building setback line and shall be eighty (80) feet measured along the property line or lines contiguous to any street, road, highway or easement for ingress or egress, however stated.

(Ord. No. 1974-C, § 79.12, 9-17-74)

Sec. 60-267. - Signs.

Sign regulations for M-1 districts shall be as follows:

(1)

On-site signs. The following on-site signs shall be permitted: One (1) double-faced sign not to exceed forty (40) square feet per face, or two (2) single-faced signs not to exceed forty (40) square feet per face, pertaining only to the name, address, and type or nature of the business establishment on the premises.

(2)

Proximity to right-of-way line. No sign shall be placed closer than fifteen (15) feet to the right-of-way line.

(3)

Proximity to residential districts. No portion thereof shall be closer than twenty-five (25) feet to a residential district.

(4)

Off-site signs. Off-site signs are not permitted.

(Ord. No. 1974-C, § 79.13, 9-17-74)

Sec. 60-268. - Setbacks.

Setbacks for all buildings and structures in M-1 districts shall be:

(1)

Not less than thirty-five (35) feet from all streets, roads, highways, or easements for access or egress, however stated;

(2)

Not less than thirty-five (35) feet from any zoning district other than C-1, C-2, or LM;

(3)

Not less than thirty-five (35) feet from any property line common to others unless the buildings under separate ownership have a common wall, have access via a parallel access road at the front, and have joint access from the rear.

(4)

In areas where there is a substantial amount of existing development the setback line shall be determined by the mean setback line of previously built structures.

(Ord. No. 1974-C, § 79.14, 9-17-74)

Sec. 60-269. - Off-street parking.

(a)

See Article IV for a listing of off-street parking requirements.

(b)

The area used for setback purposes shall not be used for storage or parking of any nature.

(Ord. No. 1974-C, § 79.15, 9-17-74)

Sec. 60-270. - Off-street loading.

See Article IV for a listing of off-street loading requirements.

(Ord. No. 1974-C, § 79.16, 9-17-74)

Sec. 60-271. - Screening requirements.

Any use enumerated for M-1 districts shall screen loading plat-forms, storage areas, and parking lots in the following manner:

(1)

Loading platforms and storage areas shall be screened on all sides fronting streets, roads, highways, easements for ingress or egress, however stated. Parking lots for motor vehicles other than passenger cars utilized in the operation of the entire enterprise located thereon, shall be screened in a like manner.

(2)

All parking lots, loading platforms, and storage areas shall be screened on any side abutting zoning districts other than C-1, C-2, and LM.

(3)

All screening shall be a continuous and consistent fence of substantial and durable material, such as, but not limited to concrete blocks or redwood to such a height and construction necessary to hide from view any materials or vehicles stored behind the fence or enclosure; except that the view shall not be considered as applying to the overview portions of elevated highways or views from the air.

(Ord. No. 1974-C, § 79.17, 9-17-74)

Sec. 60-286.- Purpose and intent.

The purpose of MP districts is to provide for any industrial land use currently available in any other industrial district, and to provide for any industrial land use for which no provision is made elsewhere in this chapter. The intent is to establish MP districts individually under approved site plans and conditions necessary to promote the general welfare and to secure economic and coordinated land use.

(Ord. No. 1983-K, 11-1-83)

Sec. 60-287. - Procedures.

(a)

In order to establish an MP district, application to the city council must be made on official forms obtained from the city clerk, with a filing fee which shall be filed with the city clerk. The filing fee shall be the same as required for application of any other change of zoning, and shall be accompanied by a preliminary development plan drawn to scale and other information in such detail as to sufficiently indicate, but not be limited to, the following:

(1)

Plot plan of the tract drawn to scale denoting proposed land uses and structures;

(2)

The proposed ingress and egress to the site from adjacent streets and/or roads;

(3)

Proposed internal and external circulation both vehicular and pedestrian;

(4)

The preliminary plan for the provision of sanitary and surface water drainage facilities;

(5)

Existing and proposed topography (this requirement may be waived in writing by the city clerk).

(b)

The procedure for public notices and public hearings shall be the same as required for any change in zoning.

(c)

The planning and zoning board shall forward its recommendation and vote to the city council.

(d)

If the recommendation is affirmative, the planning and zoning board shall also forward recommended conditions pertaining to the particular recommendation. The conditions shall include, but are not limited to:

(1)

Uses permitted in the MP district;

(2)

Performance standards for operation of the permitted uses;

(3)

Requirement that any transfer of ownership or lease of any or all of the property in question, include in the transfer or lease agreement a provision that the purchaser or lessee is made aware of the conditions pertaining to the particular MP district and agrees to be bound by the conditions of the ordinance authorizing the establishment of the particular MP district.

(Ord. No. 1983-K, 11-1-83)

Sec. 60-288. - Established districts.

In the case of established MP districts, development plans and conditions may be obtained from the city clerk. If no plans or conditions exist, or if the applicant requests a change from existing plans and conditions, the procedure contained in section 60-287 will be required.

(Ord. No. 1983-K, 11-1-83)

Sec. 60-289. - Permitted uses.

Any industrial land use is permitted; however, the specific ordinance authorizing the establishment of a particular MP district related to a specific tract of land will condition the land use and operation of the industrial function.

(Ord. No. 1983-K, 11-1-83)

Sec. 60-290. - Lot size.

There is no minimum lot size in MP districts.

(Ord. No. 1983-K, 11-1-83)

Sec. 60-291. - Height restrictions.

There shall be no height restrictions in the MP district, except as limited by the laws of the state and by proper fire safety standards.

(Ord. No. 1983-K, 11-1-83)

Sec. 60-292. - Off-street parking and loading requirements.

Off-street parking and loading requirements shall be determined individually on each specific application and depend upon the requested land use and its potential and intensity. All parking and loading areas must be properly screened as determined by the planning and zoning board and the city council.

(Ord. No. 1983-K, 11-1-83)

Sec. 60-293. - Setbacks.

All structures shall be set back no less than fifty (50) feet on all public rights-of-way bounding the property in question. This requirement may be waived on an individual basis as ordered and determined by the planning and zoning board and the city council that less than a fifty-foot setback would not be detrimental to proper land use, development and the general welfare.

(Ord. No. 1983-K, 11-1-83)

Sec. 60-306.- Purpose and intent.

The purpose of CP districts is to provide for any commercial land use currently available in any other C district, and to provide for any commercial land use for which no provision is made elsewhere in this chapter. The intent is to establish CP districts individually under approved site plans and conditions necessary to promote the general welfare and to secure economic and coordinated land use.

(Ord. No. 1983-K, 11-1-83; Ord. No. 1988-C, 5-17-88)

Sec. 60-307. - Procedures.

(a)

In order to establish a CP district, application to the city council must be made on official forms obtained from the city clerk, with a filing fee which shall be filed with the city clerk. The filing fee shall be the same fee as required for application of any other change of zoning, and shall be accompanied by a preliminary development plan drawn to scale and other information in such detail as to sufficiently indicate, but not be limited to, the following:

(1)

Plot plan of the tract drawn to scale denoting proposed land uses and structures;

(2)

The proposed ingress and egress to the site from adjacent streets and/or roads;

(3)

Proposed internal and external circulation of both vehicular and pedestrian traffic;

(4)

The preliminary plan for the provision of sanitary and surface water drainage facilities;

(5)

Existing and proposed topography (this requirement may be waived in writing by the city clerk).

(b)

The procedure for public notices and public hearings shall be the same as required for any change in zoning, however, the planning and zoning board may give special consideration to pre-existing use and potential detrimental effects of continued retention of the present zoning. If, in the consideration of the planning and zoning board, these factors play a substantial role in its decision-making process, said recommendation should be noted in the final decision forwarded to the city council.

(c)

The planning and zoning board shall forward its recommendation and vote to the city council.

(d)

If the recommendation is affirmative, the planning and zoning board shall also forward recommended conditions pertaining to the particular recommendation. Such conditions shall include, but are not limited to:

(1)

Uses permitted in CP districts;

(2)

Performance standards for operation of the permitted uses;

(3)

Requirement that any transfer of ownership or lease of any or all of the property in question, include in the transfer or lease agreement a provision that the purchaser or lessee is made aware of the conditions pertaining to the particular CP district and agrees to be bound by the conditions of the ordinance authorizing the establishment of the particular CP district;

(4)

The specific findings related to pre-existing use and detrimental effects of retaining the present zoning as these factors affected the decision of the board.

(Ord. No. 1983-K, 11-1-83; Ord. No. 1988-C, 5-17-88)

Sec. 60-308. - Established districts.

In the case of established CP districts, development plans and conditions may be obtained from the city clerk. If no plans or conditions exist, or if the applicant requests a change from existing plans and conditions, the procedures contained in section 60-307 will be required.

(Ord. No. 1983-K, 11-1-83; Ord. No. 1988-C, 5-17-88)

Sec. 60-309. - Permitted uses.

(a)

In a CP district any commercial land use is permitted; however, this specific ordinance authorizing the establishment of a particular CP district related to a specific tract of land will condition the land use and operation of the commercial function.

(b)

Additional commercial uses may be permitted in a CP district, at the sound discretion of the city council, even if those commercial uses are expressly prohibited in other commercial zones. However, the planning and zoning board and the city council shall make note of the special findings of fact which support the additional use, if said use proposed is expressly prohibited in other commercial zones. These exceptions are expressly permitted herein if, in the opinion of the planning and zoning board and the city council, they are not more obnoxious or detrimental to the particular community than the businesses permitted in this division or currently being conducted pursuant to section 60-404 of this Code; providing, however, the city council may make such findings concerning the criteria for extending the CP zoning classification for a particular site plan and said findings shall be conclusive.

(c)

Uses expressly prohibited. The following uses are expressly prohibited within CP districts:

(1)

Automobile junkyards, wrecked or dismantled automobile storage yards; except that wrecked or dismantled automobiles may be stored pursuant to appropriate charges by a commercial enterprise determined, in the sound discretion of the council, to be supplying services complimentary to said storage and said storage is conducted in the ordinary course of said enterprise. This exception shall require a finding by the board or the council that said storage is in the ordinary course of business of the specific applicant and shall be allowed only pursuant to a specific site plan describing the nature and extent of said storage.

(2)

Junkyards;

(3)

Any uses prohibited by the city council;

(4)

Any use expressly permitted in the other zones that are not provided for under the permitted use section of this zone.

(Ord. No. 1983-K, 11-1-83; Ord. No. 1988-C, 5-17-88)

Sec. 60-310. - Lot size.

There is no minimum lot size in CP districts.

(Ord. No. 1983-K, 11-1-83; Ord. No. 1988-C, 5-17-88)

Sec. 60-311. - Height restrictions.

There shall be no height restrictions in CP districts, except as limited by the laws of the state and by proper fire safety standards.

(Ord. No. 1983-K, 11-1-83; Ord. No. 1988-C, 5-17-88)

Sec. 60-312. - Off-street parking and loading requirements.

Off-street parking and loading requirements shall be determined individually on each specific application and depend upon the requested land use and its potential intensity. All parking and loading areas must be properly screened as determined by the planning and zoning board and the city council.

(Ord. No. 1983-K, 11-1-83; Ord. No. 1988-C, 5-17-88)

Sec. 60-313. - Setbacks.

All structures shall be set back no less than fifty (50) feet on all public rights-of-way bounding the property in question. This requirement may be waived on an individual basis where it is determined by the planning and zoning board and the city council that less than a fifty-foot setback would not be detrimental to proper land use, development and the general welfare.

(Ord. No. 1983-K, 11-1-83; Ord. No. 1988-C, 5-17-88)