In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and limit the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the city is hereby divided into the following zoning districts:

(Code 2001, § 14.301; Code 2010, § 14.03.001)

(a)

The districts aforesaid, and the boundaries of such districts, shall be as shown upon the map attached hereto and made a part of this chapter, said map being designated "Zoning Map of the City of Watauga, Texas," and said map and all notations, references, and other information shown thereon shall be a part of this chapter the same as if all such matters and information were fully described herein. The original of said map shall bear the date of the passing of this chapter; shall be signed by the mayor and attested by the inspection department or other place so designated by the city manager, under the seal of the city,; and shall be kept in the office of the inspection department or other place so designated by the city manager in the Watauga City Hall.

(b)

From time to time the map shall be amended to reflect zoning changes that have been made in accordance with the provisions herein. The date of revision shall be clearly noted on the official map and shall be kept as prescribed herein.

(Code 2001, § 14.302; Code 2010, § 14.03.002)

In determining the location of zoning district boundaries on the map accompanying and made a part of this chapter, the following rules shall apply:

(1)

Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys, as they exist at the time of adoption of this chapter, shall be the zoning boundary.

(2)

Where boundaries are shown to enter or cross blocks, property lines of lots, as they exist at the time of adoption of this chapter, shall be the zoning boundary.

(3)

Where boundaries are shown on unsubdivided property, the location shall be determined by scale shown on the map unless dimensions are given on the map.

(4)

All zoning boundaries shall be determined to extend to the centerline of public dedicated right-of-way.

(Code 2001, § 14.303; Code 2010, § 14.03.003)

The following district regulations are established for each designated zoning district listed herein. Supplementary district regulations are provided in other locations of this chapter and apply as described.

(1)

SFA single-family. The SFA Single-Family Attached District is designed to provide for residential areas with medium population densities within integral neighborhood units. This district is intended to be a zero-lot-line dwelling district allowing a maximum density of ten units per acre.

a.

Use regulations. In the SFA Single-Family Attached District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this chapter, except for one or more of the following uses:

1.

Permitted uses. Uses permitted within the SFA district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the SFA district are provided in section 115-85, Permitted use table. For accessory building regulations see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the SFA district are provided in section 115-85, Permitted use table.

b.

Development controls. The following regulations are established as minimum or maximum tolerance limits to regulate the development of land and the placement of buildings, structures and uses on all properties contained within the district:

1.

Lot regulations.

(i)

Minimum lot area per dwelling unit: 5,000 square feet

(ii)

Minimum lot width: None.

(iii)

Minimum lot width on corner lots: None.

(iv)

Minimum lot area per dwelling unit in town home zero lot line development concept: 2,300 square feet.

2.

Yard requirements.

(i)

Minimum front yard: 20 feet.

(ii)

Minimum side yard:

A.

Along interior lot line: None.

B.

Along side street lot line: 20 feet.

(iii)

Minimum rear yard: ten feet, when adjacent to any lot not zoned SFA.

3.

Height limits. Maximum height of buildings: Two stories. Detached garages and accessory buildings shall not exceed one story in height.

4.

Bulk controls.

(i)

Minimum separation between structures: 15 feet.

(ii)

Maximum length of contiguous attached structure: 180 feet.

(iii)

Maximum impervious coverage: 60 percent.

(iv)

Minimum floor space per dwelling unit: 1,600 square feet.

5.

Additional regulations and development controls.

(i)

Each dwelling shall be separated from an adjoining dwelling by an appropriate firewall carrying at least a two-hour fire rating.

(ii)

A site plan meeting the requirements of section 115-115, Site plan requirements, shall be submitted prior to the issuance of any building permit in a SFA district.

(iii)

Chimneys, eaves, bays, and balconies may extend up to a maximum of 3½ feet into the required front yard and two feet into the side yard.

(iv)

All lighting on lots not containing dwelling units shall be arranged so as to reflect away from lots containing dwelling units and away from adjacent districts.

(v)

Alleys within or abutting a SFA district may be used for ingress and egress to parking and service areas provided a minimum paved alley width of 20 feet is provided from a street to the parking or service area. Such ingress and egress shall be approved by the planning and zoning commission, giving consideration to adjacent properties and appropriate screening.

(vi)

All areas for locating dwelling units shall be platted into individual lots and each lot shall be served individually by water, sewer, electric, and gas utility services. Areas for recreational, open space, and service use may be platted into one or more lots. No building permit shall be issued in a SFA district until evidence of satisfactory provision for the handling of areas not platted for dwelling units is submitted to and accepted by the city council upon recommendation of the planning and zoning commission.

(vii)

Masonry construction. See section 115-63(12), Masonry requirement.

(viii)

See section 115-63, Supplemental regulations, section 115-114, Off-street parking and loading regulations, and section 115-117, Landscape regulations.

(ix)

Open space. For each lot platted for a single-family attached dwelling, a minimum of 300 square feet outside the limits of the platted lot must be provided for open space, recreational and service areas, exclusive of dedications for streets and alleys, and such areas designated on the site plan and landscape plan.

(x)

Refuse and waste storage. Refuse and waste storage areas, facilities, and containers in SFA single-family attached zoning districts shall conform to standards as required and specified by the director of public works.

(xi)

Swimming pools. See section 115-63(11), Swimming pools.

c.

Carports. Carports shall be subject to the requirements specified in section 115-34(e), Authorized special exceptions.

(2)

SF6 Single-Family District. The SF6 Single-Family District is designed to permit low density development of detached single-family housing supplemented by those uses which support and provide stability to such a residential environment.

a.

Use regulations. In the SF6 Single-Family District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this chapter, except for one or more of the following uses:

1.

Permitted uses. Uses permitted within the SF6 district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the SF6 district are provided in section 115-85, Permitted use table. For accessory building regulations see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the SF6 district are provided in section 115-85, Permitted use table.

b.

Development controls. The following regulations are established as minimum or maximum tolerance limits to regulate the development of land and the placement of buildings, structures and uses on all properties contained within the district:

1.

Lot regulations.

(i)

Minimum lot area: 6,000 square feet.

(ii)

Minimum lot width: 60 feet.

(iii)

Minimum lot depth: 100 feet.

2.

Yard requirements.

(i)

Minimum front yard: 20 feet.

(ii)

Minimum side yard:

A.

Along interior lot line: five feet.

B.

Along side street lot line: 15 feet where rear lot lines of properties coincide.

C.

Along side street lot line: 20 feet where rear lot lines of corner lots coincide with side lot lines.

(iii)

Minimum rear yard: five feet.

3.

Height limits. Maximum height of buildings: 35 feet, or 2½ stories.

4.

Bulk controls. Minimum floor space per dwelling unit: 1,600 square feet.

5.

Additional regulations and development controls.

(i)

Masonry construction. See section 115-63(12), Masonry requirement.

(ii)

As of the effective date of this chapter, newly constructed residences in SF6 zoning districts shall be constructed with a driveway and erected with a garage designed to house two full-size motor vehicles. A two-car garage shall be attached to the home and used primarily for the storage of motor vehicles with an entrance door not less than 16 feet in width, opening onto a paved driveway for entry and access by motor vehicles.

(iii)

At any time after completion of the original construction of the residence, the garage of said residence may be converted to another use. Such conversion shall be accomplished in a manner so as to retain the outside appearance of the residence which includes maintaining garage doors in place or an enhancement of the outside appearance of the residence using masonry materials approved by the building code of the city where the original residence was constructed pursuant to a minimum masonry requirement. The garage doors may not be replaced by any materials other than masonry where the original residence was constructed pursuant to a minimum masonry requirement. Where a residence was not originally constructed pursuant to a minimum masonry requirement, the exterior of the garage conversion shall be constructed of a material comparable to and compatible with the remainder of the residence and subject to the express approval of the director of public works. Windows may be permitted in the front elevation of the garage enclosure only in the event the garage doors are removed. There shall be an exit door constructed leading from the converted garage area to the exterior of the residence. Said exit door shall be other than into the main structure of the home and shall not be through the garage doors where the same are allowed to remain in place. All conversions must meet city requirements for permits and inspections.

(iv)

See section 115-63, Supplemental regulations, section 115-114, Off-street parking and loading regulations, and section 115-117, Landscape regulations.

c.

Carports. Carports shall be subject to the requirements specified in section 115-34(e), Authorized special exceptions.

(3)

D Duplex District. The D Duplex District is designed to permit and encourage two-unit residential development in an environment which provides many of the amenities of a single-family district.

a.

Use regulations. In the D Duplex District no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this chapter, except for one or more of the following uses:

1.

Permitted uses. Uses permitted within the D district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the D district are provided in section 115-85, Permitted use table. For accessory building regulations see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the D district are provided in section 115-85, Permitted use table.

b.

Development controls. The following regulations are established as minimum or maximum tolerance limits to regulate the development of land and the replacement of buildings, structures and uses on all properties contained within the district:

1.

Lot regulations.

(i)

Minimum lot area: 5,000 square feet per dwelling.

(ii)

Minimum lot width: 60 feet.

2.

Yard requirements.

(i)

Minimum front yard: 20 feet.

(ii)

Minimum side yard:

A.

Along interior lot line: five feet.

B.

Along side street lot line: 15 feet where rear lot lines of properties coincide.

C.

Along side street lot line: 20 feet where rear lot lines of corner lots coincide with side lot lines.

(iii)

Minimum rear yard: five feet.

3.

Height limits. Maximum height of building: 35 feet, or 2½ stories.

4.

Bulk controls.

(i)

Minimum floor space per dwelling unit: 1,100 square feet.

(ii)

Maximum dwellings per lot: two units.

5.

Additional regulations and development controls.

(i)

Masonry construction. See section 115-63(12), Masonry requirement.

(ii)

See section 115-63, Supplemental regulations, section 115-114, Off-street parking and loading regulations, and section 115-117, Landscape regulations.

c.

Carports. Carports shall be subject to the requirements specified in section 115-34(e), Authorized special exceptions.

(4)

"MF" multifamily district. The "IM" [MF] multifamily district is designed to permit and encourage medium density multifamily housing development of all types.

a.

Use regulations. In the "MF" multifamily district, no building or land shall be used and no buildings shall be hereafter erected, reconstructed, altered, or enlarged unless otherwise provided in this chapter, except for one or more of the following uses:

1.

Permitted uses. Uses permitted within the "MF" district are provided in section 115-85, Use table.

2.

Accessory uses. Accessory uses permitted within the "MF" district are provided in section 115-85, Use table. For accessory building regulations see Section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the "MF" district are provided in section 115-85, Use table.

b.

Development controls. The following regulations are established as minimum or maximum tolerance limits to regulate the development of land and the replacement of buildings, structures and uses on all properties contained within the district.

1.

Lot regulations.

(i)

Minimum lot area:

A.

One-family dwelling: 7,800 sq. ft.

B.

Two-family dwelling: 10,000 sq. ft.

C.

Three or more family dwellings: 15,000 sq. ft.

D.

Minimum lot width: 70 feet.

2.

Yard requirements.

(i)

Minimum front yard: 25 feet.

(ii)

Minimum side yard:

A.

Along interior lot line: 25 feet.

B.

Along side street lot line: 25 feet.

(iii)

Minimum rear yard: 25 feet.

(iii)

Height limits. Maximum height of buildings: 50 feet or three (3) stories.

3.

Bulk controls.

(i)

Maximum lot coverage: 80% by all buildings.

(ii)

Minimum floor space per dwelling unit:

A.

Efficiency/studio: 900 sq. ft.

B.

One-bedroom: 900 sq. ft.

C.

Two-bedroom: 1,100 sq. ft.

D.

Three-bedroom: 1,300 sq. ft.

E.

Maximum units per acre: 40 units.

4.

Additional regulations and development controls.

(i)

Covered parking shall be allowed to one foot of a lot line, provided the lot line is not adjacent to a public street.

(ii)

Roof, balcony, and porch overhangs may extend a maximum of four feet into the front, side, or rear yard.

(iii)

Chimneys and window boxes may extend a maximum of three feet into the front, side, or rear yard.

(iv)

No stairways or columns shall extend past the building line.

(v)

All required parking shall be provided behind the front building line.

(vi)

Uses that are customarily incidental to the multifamily use are permitted, provided that they are located no closer than 50 feet to a MF district boundary. Such incidental uses must be for the exclusive use of the residents and their guests. No exterior advertising of the use is permitted.

(vii)

All multifamily structures utilizing wood shingles for decorative covering shall be of class "C" fire retardant material.

(viii)

All multifamily residential developments shall provide and maintain a minimum of 200 square feet of usable open space for each dwelling unit. For the purposes of this section, "usable open space" is defined as follows: Usable open space shall mean outdoor area, excluding parking and other service areas, which is utilized for livable and/or related amenity, such as outdoor living, associated recreation and/or landscaping, and which is open and unobstructed from its lowest level to the sky except for roof overhangs and architectural projections. All usable open space, unless hereafter excepted, shall be accessible to, and usable by all residents residing on the site. Private courtyards or balconies may constitute usable open space for the purpose of calculating up to 30 percent of the total required usable open space. Usable open space may include areas at the ground level and/or on the roof, decks or balconies designed for common use; provided that such areas meet other criteria as hereinafter set forth. The minimum dimension for usable open space at the ground level shall be 10 feet and the minimum area shall be 100 square feet. The minimum dimensions for usable open space located on floors or decks that are available for common use shall be 20 feet and the minimum area shall be 400 square feet. At least one-half of the required open space shall be at the ground level.

(ix)

All lighting on lots not containing dwelling units shall be arranged so as to reflect away from lots containing dwelling units and away from adjacent districts.

(x)

Masonry construction. See section 115-63(12), Masonry requirement.

(xi)

A site plan meeting the requirements of section 115-115, Site plan requirements, shall be submitted prior to the issuance of any building permit in a MF district.

(xii)

Interior requirements.

A.

There shall be a 30 foot minimum separation between windows or doors in both walls.

B.

There shall be a 15 foot minimum separation between windows and a blank wall.

C.

There shall be a 10 foot minimum separation between blank walls.

(xiii)

There shall be a 25 foot clearance between residential buildings, except where a 25 foot landscaped buffer zone already exists. This provision shall not prevent or otherwise restrict the placement of club houses, storage buildings, or other nonresidential buildings in a MF district.

(xiv)

Refuse and waste storage. Refuse and waste storage areas, facilities, and containers shall be screened by a masonry structure not less than eight feet in height so that they shall not be visible from adjacent public streets and conform to standards as required and specified by the director of public works.

(xv)

See section 115-63, Supplemental regulations, section 115-114, Off-street parking and loading regulations, and section 115-117, Landscape regulations.

(xvi)

Interior dwelling construction shall utilize amenity upgrades including, but not limited to: granite countertops, under counter sinks, wood or carpet flooring, and internet/cable ready television.

(5)

MH HUD-Code Manufactured Housing District. The purpose of this district is to provide adequate space and restrictions for the placement of HUD-code manufactured homes in the city within designated subdivisions. This does not include mobile homes as defined in this chapter. The MH district is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the MH district. No HUD-code manufactured home shall be allowed on any parcel or lot except on parcels or lots within the MH district. It is the intent of the MH HUD-code manufactured housing district to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas.

a.

Use regulations. Land within the MH district will be developed as a HUD-code manufactured home subdivision. Lots within the MH district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the city council. All roadways within a HUD-code manufactured home subdivision shall be dedicated to the public. Private interior drives must be approved by the city. Land zoned MH which is not developed as a HUD-code manufactured home subdivision may be developed as SFA or SF6, so long as it is developed in accordance with the regulations of said district. In the MH, HUD-code manufactured housing district, no building or land shall be used and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses:

1.

Permitted uses. Uses permitted within the MH district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the MH district are provided in section 115-85, Permitted use table. For accessory building regulations see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the MH district are provided in section 115-85, Permitted use table.

4.

Prohibited uses. Mobile homes, as defined in section 115-6, Permitted principal, accessory and specific permit uses, shall be prohibited.

b.

Development controls. The following regulations are established as minimum or maximum tolerance limits to regulate the development of land and the placement of buildings, structures, and uses on all properties contained within the district.

1.

Lot regulations.

(i)

Minimum lot area: 7,500 square feet.

(ii)

Minimum lot width: 60 feet.

(iii)

Minimum lot depth: 100 feet.

2.

Yard requirements.

(i)

Minimum front yard: 25 feet.

(ii)

Minimum side yard: 15 feet, and no building shall be closer than 15 feet to any adjacent dwelling.

(iii)

Minimum rear yard: 25 feet. No rear yard shall face any street provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the city.

3.

Height limit. Maximum height of buildings: 25 feet.

4.

Bulk controls. Units per acre: Five.

5.

Additional regulations and development controls. See section 115-63, Supplemental regulations, section 115-114, Off-street parking and loading regulations, and section 115-117, Landscape regulations.

6.

Development and installation regulations.

(i)

HUD-code manufactured homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in accordance with manufacturer's specifications.

(ii)

HUD-code manufactured homes must have a minimum of an 18-inch crawl space under all homes.

(iii)

A concrete or asphalt surface with good drainage shall cover the area where a home is to be sited.

(iv)

Each HUD-code manufactured home site shall have a slab or patio not less than 20 feet in length and six feet in width, comprised of concrete, flagstone, or similar substance installed adjacent to each site.

(v)

HUD-code manufactured homes shall have permanent steps installed at all exits.

(vi)

Skirting shall be securely attached between the HUD-code manufactured home and the ground on all sides within 30 days of home installation. Skirting materials shall consist of materials which are compatible with the design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, or lattice-type skirting is prohibited.

(vii)

Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each manufactured home shall have affixed a seal of the appropriate federal or state department.

(viii)

Sanitation, fire protection, and underground utility services shall be provided to each lot in accordance with the city ordinances and regulations.

(ix)

Ingress and egress to the property shall be provided in accordance with the requirements of the city ordinance standards and regulations.

(x)

Drainage and garbage collection right-of-way, fire lanes, and utility easements shall be provided as required by the city. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service.

(xi)

Soil conditions, groundwater level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents.

(xii)

HUD-code manufactured home subdivisions shall be developed at densities comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to the approval of the city.

(xiii)

Any structural alteration or modification of a HUD-code manufactured home after it is placed on the site must be approved by the building official of the city. All structural additions shall comply with the town's building codes and ordinances.

(xiv)

Site-built additions. The addition of peaked roof facades, atrium entrances, garages, porches, and patios are encouraged in order to increase the compatibility with conventional single-family housing in the city.

7.

Accessory building and structure regulations. Area regulations for accessory buildings or accessory structures shall be in compliance with section 115-63, Supplemental regulations.

8.

Landscaping requirements. Landscaping shall be in compliance with section 115-117, Landscape regulations.

9.

Parking requirements. Parking requirements for the HUD-code manufactured housing district shall be in compliance with section 115-114, Off-street parking and loading regulations.

10.

Interior drives.

(i)

The use of private interior drives must be approved by the city. Such interior drives shall have a minimum easement width of 50 feet and shall have a minimum paved roadway width of 28 feet.

(ii)

Public interior streets shall be located within dedicated rights-of-way, and shall have a minimum paved roadway width provided in accordance with the applicable standards in the city subdivision regulations.

11.

Paving.

(i)

All private interior drives, entrances, and service drives shall be constructed in accordance with city design standards and shall have a six-inch rolled curb and gutter of concrete meeting the street standards of the city. The developer shall bear the total cost of construction and maintenance of all such improvements, including curb and drainage structures that may be needed.

(ii)

All parking areas and public streets shall be of concrete or asphalt construction, as approved by the city engineer.

12.

Underground utilities. All utility lateral and service lines located within the MH district shall be installed underground.

13.

Open space area. Open space designated for the use and enjoyment of all residents shall be provided within a HUD-code manufactured home subdivision at the ratio of 500 square feet for each of the first 20 units, and 200 square feet for each additional unit in excess of 20. Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed.

14.

Screening. A solid opaque screening wall or fence of not less than six feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD-code manufactured home subdivision which do not abut a dedicated street. Said screening wall or fence shall be of a decorative construction. This requirement can be waived or modified if natural or manmade physical features create an adequate separation or buffer from adjacent uses, as determined by the city. However, any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only.

15.

Preservation of site assets. When developing a HUD-code manufactured home subdivision, the following steps shall be taken to preserve on-site assets:

(i)

Suitable available topsoil and desirable existing trees, shrubs, and groundcover shall be preserved and protected where practicable.

(ii)

Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be regraded or disturbed. This topsoil shall be collected and stored on the site in convenient places for future use and shall be free of debris during construction.

16.

Drainage. Engineering plans for drainage shall be submitted for review by the city at the time of site plan approval. All applicable requirements of the city shall be met.

17.

HUD-code manufactured home sales. HUD-code manufactured home subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted.

(6)

LB Local Business District. The LB Local Business District is a restricted business district comprised of business and professional service establishments and retail stores serving primarily the everyday shopping needs of the surrounding residential neighborhood. When located adjacent to a state or federal highway, the district includes those uses customary and necessary to serve the needs of the tourist and intercity highway traveler. The regulations of this district are designed to permit the uses enumerated while protecting adjacent residential development by establishing low intensity commercial district standards.

a.

Use regulations. In the LB Local Business District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this chapter, except for one or more of the following uses:

1.

Permitted uses. Uses permitted within the LB district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the LB district are provided in section 115-85, Permitted use table. For accessory building regulations see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the LB district are provided in section 115-85, Permitted use table.

b.

Development controls. The following regulations are established as minimum or maximum tolerance limits to regulate the development of land and the replacement of buildings, structures, and uses on all properties contained within the district.

1.

Lot area regulations. None.

2.

Yard requirements.

Setbacks

3.

Height limits. Maximum height of buildings: None.

4.

Additional regulations and development controls.

(i)

A canopy at least six feet in height attached to the main building may be built within 15 feet of the street line so long as such construction is not supported by columns which will obstruct the vision of vehicles driving upon adjacent streets.

(ii)

Refuse and waste storage. Refuse and waste storage areas, facilities, and containers shall conform to standards as required and specified by the director of public works.

(iii)

See section 115-63, Supplemental regulations, section 115-114, Off-street parking and loading regulations, and section 115-117, Landscape regulations.

(7)

GB General Business District. The GB General Business District permits all those business and service establishments and retail stores necessary to the everyday and occasional shopping needs of the public.

a.

Use regulations: In the GB General Business District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered, or enlarged except for one or more of the following uses:

1.

Permitted uses. Uses permitted within the GB district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the GB district are provided in section 115-85, Permitted use table. For accessory building regulations see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the LB district are provided in section 115-85, Permitted use table.

b.

Development controls. The following regulations are established as minimum or maximum tolerance limits to regulate the development of land and the placement of buildings, structures, and uses on all properties contained within the district.

1.

Lot area regulations.

(i)

Minimum lot area: None.

(ii)

Minimum lot width: None.

2.

Yard requirements.

Setbacks

*Attached buildings shall meet all minimum fire separation required between buildings, if applicable.

3.

Height limit. Maximum height of buildings: None.

4.

Additional regulations and development controls.

(i)

Refuse and waste storage. Refuse and waste storage areas, facilities, and containers shall conform to standards as required and specified by the director of public works.

(ii)

See section 115-63, Supplemental regulations, section 115-114, Off-street parking and loading regulations, and section 115-117, Landscape regulations.

(8)

C Commercial District. The C Commercial District is an all-purpose business district providing areas for the total service, retail, and wholesale trade needs of the community.

a.

Use regulations. In the C Commercial District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered, or enlarged except for one or more of the following uses:

1.

Permitted uses. Uses permitted within the C district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the C district are provided in section 115-85, Permitted use table. For accessory building regulations see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the C district are provided in section 115-85, Permitted use table.

b.

Development controls. The following regulations are established as minimum or maximum tolerance limits to regulate the development of land and the placement of buildings, structures, and uses on all properties contained within the district.

1.

Lot area regulations. None.

2.

Yard requirements.

Setbacks

*Attached buildings shall meet all minimum fire separation required between buildings, if applicable.

3.

Height limits. Maximum height of buildings: None.

4.

Additional regulations and development controls.

(i)

Refuse and waste storage. Refuse and waste storage areas, facilities, and containers shall conform to standards as required and specified by the director of public works.

(ii)

See section 115-63, Supplemental regulations, section 115-114, Off-street parking and loading regulations, and section 115-117, Landscape regulations.

(9)

I Industrial District. The I Industrial District is a general purpose industrial district for light types of assembly, manufacturing, processing, storage, warehousing, wholesaling, and distribution uses. The purpose of this district is to create a limited industrial zone that provides for industrial uses or industrial parks. Limitations are placed on the uses in this district to significantly restrict the outside activities and storage of materials, noise, vibration, smoke, pollution, fire and explosive hazard, glare, and any other potentially adverse influences. This district is considered to be the appropriate location for the cleanest industrial uses.

a.

Use regulations. In the I Industrial District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered, or enlarged except for one or more of the following uses:

1.

Permitted uses. Uses permitted within the I district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the I district are provided in section 115-85, Permitted use table. For accessory building regulations, see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the I district are provided in section 115-85, Permitted use table.

b.

Development controls. The development of land for all uses in the district shall comply with the following standards and regulations.

1.

Lot area regulations: None.

2.

Yard requirements.

(i)

Minimum front yard:

A.

Interior lots: 20 feet, except where buildings in the district within the same block have front yards of less depth.

B.

Corner lots: 25 feet adjacent to street.

(ii)

Minimum side yard:

A.

Interior lots: None, except a ten foot side yard is required where a side lot line abuts a residentially zoned district.

B.

Corner lots: 25 feet adjacent to street.

(iii)

Minimum rear yard: 15 percent of the depth of the lot, not to exceed 20 feet.

3.

Height limits. Maximum height of buildings: None.

4.

Additional regulations and development controls. See section 115-63, Supplemental regulations, section 115-114, Off-street parking and loading regulations, and section 115-117, Landscape regulations.

(10)

CF Community Facilities District. The CF community facilities district permits those institutional and related uses which are established in response to the educational, safety, and welfare needs of the community.

a.

Use regulations. In the CF Community Facilities District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered, or enlarged except for one or more of the following uses:

1.

Permitted principal uses. Uses permitted within the CF district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the CF district are provided in section 115-85, Permitted use table. For accessory building regulations see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the CF district are provided in section 115-85, Permitted use table.

b.

Development controls. It is intended by these regulations that development in the CF Community Facilities District shall be compatible with development in the districts which it adjoins.

1.

Site regulations. The site for any use permitted in this district may be composed of one or more parcels of land, whether or not the same are contiguous or separated by a dedicated right-of-way.

2.

Yard requirements. The yard requirements of each adjoining zoning district shall govern along such common boundary. When the site adjoins other property in the "CF" district the most permissive yard regulations otherwise applicable shall govern along that portion of the site which adjoins the "CF" district.

3.

Height limits. The height limits of the contiguous district which has the most permissive height limits shall govern.

4.

Bulk controls. The bulk controls of the contiguous district which has the most permissive bulk controls shall govern.

5.

Additional regulations and development controls. See section 115-63, Supplemental regulations, section 115-114 Off-street parking and loading regulations, and section 115-117, Landscape regulations.

(11)

GU Governmental Use District. The GU Governmental Use District is established to apply to those lands where national, state or local governmental agencies are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare.

a.

Use regulations. In the GU Governmental Use District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered, or enlarged except for one or more of the following uses:

1.

Permitted principal uses. Uses permitted within the GU district are provided in section 115-85, Permitted use table.

2.

Accessory uses. Accessory uses permitted within the GU district are provided in section 115-85, Permitted use table. For accessory building regulations see section 115-63, Supplemental regulations.

3.

Specific use permit uses. Uses permitted with a specific use permit in the GU district are provided in section 115-85, Permitted use table.

b.

Development controls. It is intended by these regulations that development in the GU Governmental Use District shall be compatible with development in the districts which it adjoins.

1.

Plan requirements. No application for a building permit for construction of a building or structure shall be approved unless:

(i)

A plat meeting all requirements of the city has been approved by the city council and recorded in the official records of the county;

(ii)

A site plan, meeting the requirements of section 115-115, Site plan requirements, has been approved;

(iii)

A landscape plan meeting the requirements of section 115-117, Landscape regulations, has been approved.

2.

Governmental exemption. Upon petition of the applicant, the planning and zoning commission may recommend, and the city council may officially recognize that the applicant is exempt from compliance with specific provisions of the city zoning ordinance for a proposed building, structure, use, development, or activity. Such petition does not require a public hearing:

(i)

If such exemption specifically is required to be granted by any applicable state or federal statute; or

(ii)

In the absence of such a statute, upon consideration and balancing of all relevant factors, including but not limited to:

A.

The impact of zoning compliance on the proposed building, structure, use, development, or activity;

B.

The impact of the proposed building, structure, use, development, or activity on the city;

C.

Whether a more prudent and feasible alternative location exists for the proposed building, structure, use, development, or activity; and

D.

The need of the applicant and the region for the building, structure, use, development, or activity at the proposed location.

3.

Area requirements. The yard requirements shall not be less than the requirements of the most restrictive abutting property.

4.

Buffer area regulations. Whenever any conditional use that is allowable in this district abuts a residentially zoned district, a landscaped buffer zone of not less than 25 feet in depth shall be provided between the lot line and any building, structure, or activity area. No building, structure, parking, loading, or storage shall occur in the buffer area and such area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall be provided in accordance with the provisions of section 115-117, Landscape regulations.

5.

Height. No restrictions.

6.

Landscaping requirements. Landscaping shall be required in accordance with section 115-117, Landscape regulations.

7.

Off-street parking. Off-street parking shall be provided in accordance with the provisions of section 115-114, Off-street parking and loading regulations.

(12)

PD Planned Development District. The PD Planned Development District is a special purpose district. It is designed to encourage a greater flexibility and the opportunity for a higher standard of land development. As such, it makes feasible the application of planning concepts dealing with planned unit development of residential areas, planned shopping centers, and planned industrial parks. Improvements in a PD district are subject to conformance with a site plan approved by the city council upon recommendation of the planning and zoning commission and after public hearing thereon.

a.

Use regulations. The permitted use or uses of property located in the PD district shall be determined at the time the district is approved. A PD district may include a combination of different dwelling types and/or a variety of residential and nonresidential land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.

b.

Development controls. In the PD district the height, area, and density regulations shall be determined by the standards adopted in the approved site plan by the city council upon recommendation by the planning and zoning commission. The following circumstances shall be considered when considering a proposed planned development:

1.

The proposed height, area, and density regulations substantially meet the intent of this chapter and the comprehensive land use plan;

2.

The proposed height, area, and density regulations provide for better project design;

3.

The combination of different dwelling types and/or the variety of land uses in the proposed planned development complement each other and will be compatible with existing and proposed land uses in the vicinity; and

4.

The proposed development will not generate more traffic than the streets in the vicinity can carry without congestion and the development will not overload utilities as determined by the director of public works.

c.

Procedure for application. The procedures for approval of a request for a zoning change to "PD" shall be the same as for a requested change to any other zoning classification as set forth in section 115-35(c), Changes and amendments.

1.

The application for PD zoning shall be accompanied by a development plan meeting the requirements of this chapter.

2.

No application for PD zoning shall be accepted unless accompanied by a development plan and the appropriate filing fee.

3.

Minor changes to an approved development plan, which will not cause any of the following circumstances to occur, may be authorized by the zoning administrator:

(i)

A five percent or greater increase in the gross floor areas of structures.

(ii)

Any substantial and material changes in such external effects on adjacent property as noise, heat, light, glare and vibration.

(iii)

A substantial and material reduction in the originally approved separations between buildings.

(iv)

Any adverse changes in traffic circulation, safety, drainage, and utilities.

(v)

A five percent or greater increase in the height of structures.

(vi)

A ten percent or greater reduction in the originally approved setbacks from property lines.

(vii)

A five percent or greater increase in ground coverage by structures.

(viii)

A five percent or greater reduction in the ratio of off-street parking and loading space.

(ix)

A change in the size, height, lighting, flashing, animation, or orientation of originally approved signs.

4.

The zoning administrator shall determine whether changes being requested are minor. This determination may be appealed by the applicant to the zoning board of adjustment. Any change deemed not to be a minor change, as indicated above, shall be processed as a new application in accordance with the provisions of this chapter.

d.

Procedure for establishing standards. In approving the planned development and the ordinance establishing the planned development, the city council shall, after recommendation by the planning and zoning commission, consider the maximum height, area, density, and off-street parking and loading standards with the limits of those specified in the districts listed for the specific uses involved as submitted by the applicant. The city council shall, after receiving the recommendations of the planning and zoning commission, consider the standards for yards, signs, building spacing, site coverage, access, screening walls, landscaping, building area, open space, pedestrian ways, public or private streets, and alleys to be observed in the planned development as submitted by the applicant. Such standards shall be specified in the ordinance establishing the district.

e.

Considerations for "PD" zoning and development plan approval. During the review and evaluation process for "PD" zoning and development plan approval, the following criteria shall be considered:

1.

The nature and character of the development and adequacy of the buffer between proposed improvements on the site and adjacent property;

2.

The adequacy of utilities, access roads, drainage and other necessary supporting facilities that have been or will be provided;

3.

The adequacy of the design, location, and arrangement of all driveways and parking spaces so as to provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;

4.

The adequacy of any nuisance prevention measures that have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. The effect directional lighting will have on neighboring properties;

5.

The impact of the proposed development on adjacent property values and on the ability of the adjacent property to be developed;

6.

In approving a development plan, the planning and zoning commission or city council may impose additional reasonable requirements necessary to protect the public interest and welfare of the community.

f.

Development plan approval requirements. No building permit or certificate of occupancy shall be issued and no use of land, buildings, or structures shall be made in the "PD" district until the same has been approved by the city council as part of a development plan in compliance with the procedures, terms, and conditions of this chapter.

g.

Development plan requirements. The development plan submitted in support of a request for development plan approval shall contain sufficient information delineating the characteristics of the site, changes in those characteristics as may be proposed by the development, how the development will relate to public services and facilities, and what protection features are included to ensure that the development will be compatible with existing and allowable development on adjacent property. As much of this information as possible should be contained on a single plan; however, it may be desirable to provide some of the information on separate plans for purposes of clarity. The development plan shall show at least the following items of information:

1.

A scale drawing of proposed public or private streets and alleys; building sites or building lots; areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of the tract; and topography with a contour interval of not less than five feet, or spot grades where the relief is limited.

2.

Where multiple types of land use are proposed, information delineating the specific areas to be devoted to the various land uses.

3.

Where building complexes are proposed, a showing of the location of each building and the minimum distance between buildings, and between buildings and the property line, street line, and/or alley line. For buildings more than one story in height, except for single-family and two-family residences, elevations and/or perspective drawings may be required in order that the relationship of the building to adjacent property, open spaces, and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors, and exposures for access, light, and air.

4.

The arrangement and provision of off-street parking and off-street loading where required. Any special traffic regulation facilities proposed or required to ensure the safe function of the circulation plan.

5.

A designation of the maximum building coverage of the site.

6.

Location of screening and landscaping where such treatment is essential to the proper arrangement of the development in relation to adjacent property. The plan shall, when required, include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawns and gardens, if such are determined to be necessary by the city council.

h.

Development schedule. A schedule of development shall be submitted with the development plan. Estimated phasing of the development defining construction start and finish dates shall be provided. The applicant shall provide a status report annually stating the status of development to the building official. Proposed revisions to the development schedule must be submitted at the time of the annual report. If it is determined that significant revisions are proposed, the building official may submit the development schedule to the planning and zoning commission and city council for consideration and appropriate action. Failure to submit a report may be considered violation of the condition of the planned development and may result in consideration for city-initiated rezoning of the property.

i.

Site plan requirements. A site plan, as defined and regulated by section 115-115, Site plan requirements, shall accompany any application for a building permit. Said site plan shall be consistent with the general provisions of the approved development plan and will be reviewed by the building official and approved by the city council upon recommendation by the planning and zoning commission.

j.

Landscaping, screening, parking and area regulations. Regulations pertaining to landscaping, screening, parking and area regulations shall be established by the development plan. If appropriate regulations are not established in the planned development ordinance, appropriate landscaping, screening, parking and development regulations of this chapter will apply.

k.

Approval. Every planned development district approved under the provisions of this chapter shall be considered as an amendment to the ordinance as applicable to the property involved. In approving the planned development district, the city council may impose conditions relative to the standard of development, and such conditions shall be complied with before a certificate of occupancy is issued for the use of the land or any structure which is part of the planned development district; and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy.

l.

Violations. The violation of any condition or requirement on an approved development plan or any construction or use that is not in compliance with an approved development plan shall be deemed to be a violation of the ordinance which granted the "PD" zoning change.

(Code 2001, § 14.304; Code 2010, § 14.03.004; Ord. No. 1545, § I(Exh. A), 3-24-2014; Ord. No. 1658, § I, 4-23-2018)

The following supplemental regulations are established for each designated zoning district listed herein. District specific regulations are located within the zoning district sections for each zoning district.

(1)

Buildings and structures generally.

a.

Lot requirements.

1.

Lot required. Every building hereafter erected shall be located on a lot as herein defined, and in no case shall there be more than one main building on one lot, except as herein provided.

2.

Multiple structures on lot. In any district, more than one structure for a permitted principal use other than a dwelling may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

3.

Deficient lot area. This section pertains to deficient lot areas for lots located in the SF6 zoning district, where a lot has less area than herein required and was of record and in separate ownership on or before the effective date of this chapter. Said lot may be occupied by not more than one residential structure; however, no residence may be constructed on a lot having less than 2,500 square feet. There shall be a minimum front setback of 15 feet from the property line, a minimum side yard of five feet, and a minimum rear yard of five feet. The minimum floor space requirement for residential construction shall be no less than 450 square feet, but only as it applies to utilization of a nonconforming lot.

4.

Frontage on street. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

5.

Sidewalks are a specific requirement in all commercial or residential development projects and shall be included with preliminary detailed construction plans for approval by the city at the time of submission of the plan review fee.

b.

Height limitations; general exceptions. The height regulations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

c.

Yard provisions.

1.

Depth of front yard. Depth of front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be approximately parallel.

2.

Front yard on through lots. Unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages of through lots. Where he finds that one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning official shall waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

3.

Width of side yard. Side yard width shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

4.

Depth of rear yard. Rear yard depth shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

5.

Corner lots with three or more frontages. On corner lots with more than two frontages, the zoning official shall determine the front yard requirements subject to the following limitations:

(i)

At least one front yard shall be provided having the full depth required generally in the district.

(ii)

No other front yard on such lot shall have less than half the full depth required generally.

6.

Reversed frontage lots. A front yard of the required depth shall be provided on either frontage of a reversed frontage lot, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.

7.

Yards for accessory buildings. No accessory buildings shall be erected in any required yard, and no separate accessory building shall be erected within five feet of any other building on said lot.

8.

Special yards. In those cases in which the above general rules do not apply, the zoning official shall require a yard with minimum dimensions as generally equivalent to a side yard or a rear yard in the district, determining which shall apply by the relocation of the portion of the lot on which the yard is to be located to the adjoining lot with due regard to the orientation and location of structures and buildable areas thereon.

d.

Mechanical equipment. Ground-mounted air conditioning and similar mechanical equipment, for commercial developments when adjacent to residential land uses, shall not be mounted in minimum yard spaces. Equipment shall be so placed as to direct motor and fan noise away from the nearest property line.

(2)

Permanent accessory buildings; residential. Permanent accessory buildings which are placed on a permanent foundation shall be allowed in residential zoning districts subject to the following regulations:

a.

Height. Maximum of 12 feet excluding private garages or servant quarters which shall not exceed one story in height, when located not less than 60 feet from the front lot line, nor less than the distance required for the main building from any side lot line.

b.

Area. Not more than 50 percent of the rear yard area.

c.

Setback requirements.

1.

Front yard. Such buildings must be located behind the primary structure.

2.

Side yard. Same as the primary structure.

3.

Rear yard. Minimum of five feet.

d.

Separation. No separate accessory building shall be erected within five feet of any other building.

e.

Easements. No such building shall be located within or encroach upon any utility or drainage easement.

f.

Use. Such buildings may not be used for commercial purposes and may not be rented or inhabited.

g.

Attached accessory building. An accessory building may be constructed as a part of the main building, in which case the regulations controlling the main building shall apply.

h.

Accessory building as secondary structure. No accessory building will be permitted without a primary structure being located on-premises.

i.

Occupancy. No accessory building shall be placed or constructed on a lot until construction of the principal building has commenced, and no accessory building shall be occupied until the principal building is completed and is being used or occupied.

(3)

Temporary and portable type accessory buildings; residential. Temporary and portable accessory buildings which are not placed on a permanent foundation shall be allowed in any residential district subject to the following regulations:

a.

Height. Maximum of 12 feet.

b.

Area. Maximum floor area of 320 square feet.

c.

Number allowed. Two per lot. Total area of accessory buildings shall not exceed 50 percent of the area behind the rear building face.

d.

Setback requirements.

1.

Front yard. Such buildings must be located behind the primary structure.

2.

Side yard. Minimum of five feet.

3.

Rear yard. Minimum of five feet.

4.

No building may be located closer than five feet from any side or rear property line, and no closer than five feet from the principal building, nor in a dedicated easement.

e.

Separation. No separate accessory building shall be erected within five feet of any other accessory building or 15 feet from any primary structure.

f.

Accessory building as secondary structure. No accessory building will be permitted without a primary structure being located on-premises.

(4)

Permanent accessory buildings; nonresidential. The following accessory building and use regulations apply only to property carrying a nonresidential classification.

a.

Height. Same as the primary structure.

b.

Setback requirements.

1.

Front yard. Same as the primary structure.

2.

Side yard. Same as the primary structure.

3.

Rear yard. Same as the primary structure.

c.

Separation. No separate accessory building shall be erected within five feet of any accessory building or 15 feet from any primary structure.

d.

Easements. No permanent accessory building shall be located within or encroach upon any utility or drainage easement.

e.

Use. Any permitted accessory use allowed in the district in which the accessory building is located.

f.

Accessory structure as secondary structure. No accessory building will be permitted without a primary structure being located on the premises.

g.

Permit required. All permanent accessory buildings, regardless of size, shall require a building permit.

(5)

Temporary and portable type accessory buildings in nonresidential zoning districts, temporary commercial storage containers in LB and GB zoning districts and temporary portable storage containers in residential zoned districts.

a.

Temporary and portable type accessory buildings. In all nonresidential zoning districts, temporary and portable type accessory buildings shall not be permitted except for the management and administration of a construction site or construction project. Any temporary or portable type accessory building used in connection with the management and administration of a construction project and construction site shall be removed upon completion or abandonment of construction work or within ten days following a request in writing by the city manager or his designee. Permits shall be issued for temporary or portable type accessory buildings in connection with construction sites and construction projects for a period of six months only, with a renewal clause for a similar period. All temporary or portable type accessory buildings in nonresidential zoning districts in accordance with the city codes and ordinances and being actively utilized at the time of the passage of this chapter shall be permitted to remain so long as the use of the portable type accessory building in a nonresidential zoning district is not interrupted and does not change. Any temporary or portable type accessory building in a nonresidential zoning district in accordance with the city codes and ordinances at the time of the passage of this chapter shall be permitted to relocate within the city in the event that maintaining the temporary or portable type accessory building at the previously authorized location is rendered fiscally or financially impractical due to reasons beyond the control of the temporary or portable type accessory building owner and is not directly caused by the owner. The relocation must be in compliance with all codes and ordinances for the city.

b.

Portable type storage containers used in connection with commercial retail establishments.

1.

Portable type storage or display containers used in connection with commercial retail establishments shall be permitted only in commercial districts (C), local business districts (LB) and general business districts (GB). Such portable type storage or display containers used in connection with commercial retail establishments shall be permitted only for seasonal, storage or special promotional use subject to a permit issued by the director of public works or his designee. Portable type storage or display containers utilized in a commercial retail establishment in commercial zoning (C) districts shall be permitted as follows:

(i)

For retail commercial establishment buildings of less than 10,000 square feet: Not more than one container for 14 consecutive days on two occasions per calendar year (January 1 through December 31).

(ii)

For retail commercial establishment buildings of 10,001 square feet to 50,000 square feet: Not more than two containers for 21 consecutive days on three occasions per calendar year (January 1 through December 31).

(iii)

For retail commercial establishment buildings of 50,001 square feet to 100,000 square feet: Not more than six containers for ten consecutive weeks during any calendar year (January 1 through December 31). The date the permit is issued shall constitute the commencement of the ten-week period.

(iv)

For retail commercial establishment buildings in excess of 100,001 square feet: Not more than ten containers for ten consecutive weeks for any calendar year (January 1 through December 31). The date the permit is issued shall constitute the commencement of the ten-week period.

2.

Portable type storage or display containers utilized in a commercial retail establishment in local business (LB) or general business (GB) zoning districts shall be permitted as follows:

(i)

For retail commercial establishment buildings of less than 10,000 square feet: Not more than one container for seven consecutive days on two occasions per calendar year (January 1 through December 31).

(ii)

For retail commercial establishment buildings of 10,001 square feet to 50,000 square feet: Not more than two containers for ten consecutive days on three occasions per calendar year (January 1 through December 31).

(iii)

For retail commercial establishment buildings of 50,001 square feet to 100,000 square feet: Not more than three containers for five consecutive weeks during any calendar year (January 1 through December 31). The date the permit is issued shall constitute the commencement of the five-week period.

(iv)

For retail commercial establishment buildings in excess of 100,001 square feet: Not more than five containers for five consecutive weeks for any calendar year (January 1 through December 31). The date the permit is issued shall constitute the commencement of the five-week period.

c.

Portable storage containers used in residential zoned districts. Portable storage containers used in residential zoned districts shall comply with the following regulations:

1.

Portable storage containers shall only be used for loading, unloading or storing household goods when moving to or from a residence, or for construction or remodeling projects. No person shall live in or reside in any portable storage container. No animal shall be kept in or live in any portable storage container.

2.

Permit required. No portable storage containers shall be placed on or remain on any residential zoned property without a valid permit issued by the director of public works or his designee.

(i)

Permits for portable storage containers used for loading, unloading and storing household goods when moving to or from a residence shall be valid for 30 days from the date of issuance.

(ii)

Permits for portable storage containers used for construction or remodeling projects shall be valid for 90 days from the date of issuance, as long as the construction or remodeling project is in operation.

(iii)

Permits for portable storage containers may be extended for additional 30-day increments at the discretion of the director of public works, or his designee.

3.

Permit fee. A permit fee as set forth in the fee schedule in appendix A of this Code must be paid prior to the issuance of a permit for a portable storage container in a residential zoned district that is used for loading, unloading and storing household goods when moving to or from a residence.

4.

Portable storage containers shall be no taller than the eave of the residence at which the portable storage container is placed.

5.

Location. All portable storage containers shall:

(i)

Be placed in the front yard of the residential zoned property, on a concrete or asphalt driveway;

(ii)

Be placed behind the property line and sidewalk;

(iii)

Be placed no closer than ten feet from the back of the curb;

(iv)

Not be placed on or block any city street, sidewalk or right-of-way; and

(v)

Not be placed on the grass, lawn, flower bed or similar area of a residence.

(6)

Newly annexed areas. Uses in all territory hereafter annexed to the city shall be subject to the regulations of the SF6 residential district until the original zoning districts of such territory are established by city council. The planning and zoning commission shall, as soon as practicable after annexation of any territory to the city, institute proceeding on its own motion to establish original zoning districts throughout the newly annexed territory, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning districts governing other parts of the city.

(7)

Completion of existing buildings. Nothing herein contained shall require any change in plan, construction, or designated use of a building for which a building permit has been heretofore issued and which entire building shall be completed within one year from the date of passage of this chapter. If any amendment to this chapter is hereafter adopted changing the zoning boundaries or districts, the provisions of this chapter with regard to:

a.

Building or uses legally existing;

b.

Buildings legally under construction; or

c.

Building permits legally issued in the area affected by such amendments at the time of the passage of such amendment.

Shall not cause such use to be terminated or to bar the occupancy of such building unless provided otherwise in this chapter or by other proceedings at law.

(8)

Visibility at intersections. Nothing shall be erected, placed, parked, planted, or allowed to grow in such a manner as materially to impede vision within the visibility triangle (see Visibility triangles, chapter 40, section 40-4, Code of Ordinances).

(9)

Massage establishments. Any person, firm, or corporation desiring to establish, open, and operate a massage establishment, in compliance with chapter 22, article VI, shall make application under this chapter for a specific use permit for the operation of any massage establishment.

a.

In accordance with the general zoning laws of the city, it shall be necessary that when any application is made hereunder, all property owners must be notified pursuant to the laws of the state and the ordinances of the city.

b.

The operation of a massage establishment shall not be allowed for any reason to operate within a residentially zoned district.

c.

It shall be necessary for any person, firm, or corporation filing an application for zoning under this section to be required to pay the standard zoning application fees, said fees being nonrefundable.

d.

It is further provided that should any person, firm, or corporation operating within the city under chapter 22, article VI, cease operating, then such specific use permit shall become null and void.

(10)

Unusable land areas. No pond, creek, or other unusable terrain shall be changed without the approval of such plans by the city engineer. All required setback areas shall be measured from the edge of the usable land available for development as determined by the city engineer. Such unusable land area shall be planned as an open greenbelt area to the maximum extent possible.

(11)

Swimming pools.

a.

Swimming pools shall be subject to approval by the director of public works after taking into consideration the location and size of the property, the detailed plans of such swimming pool, any required accessories, and other factors as may be required for the health, safety, and general welfare of the community. In addition, the director of public works may require that any swimming pool, including mechanical equipment, be located at such distance from any property line as to not interfere with the peace, comfort, and repose of the occupants of any adjoining building or residence. Any lights illuminating such swimming pool shall be so erected as to eliminate direct rays of light on adjoining premises. In any district, a six-foot permanent fence or wall must be erected and maintained around each pool. The fence or wall must be constructed and equipped with a self-closing and latching gate which must be locked when the pool is not in use. All districts shall provide security enclosures for any swimming pool.

b.

Mechanical equipment shall be constructed, located, and screened so as to not interfere with the peace, comfort, and repose of the occupants of any adjoining building or residence.

(12)

Masonry requirement. In computing the exterior wall area, the perimeter of the structure, including attached garage, if any, shall be multiplied by the vertical measurement from the foundation to the top plate line of the highest floor.

a.

No residence erected in the SFA, SF6, MF or D zoning districts shall be erected with more than ten percent of the exterior wall area being constructed of non-masonry material. Areas comprising passageway doors and window areas shall be included in the 90 percent category. Areas comprising garage doors shall not be included in the 90 percent category. Masonry material for residential areas shall consist of brick, rock, stone, or a combination of these materials laid up, unit by unit set in mortar.

b.

No commercial building or facility erected in the LB, GB, C, I or CF zoning districts shall be erected with more than 20 percent of the exterior wall area being constructed of non-masonry material. Masonry material for commercial areas shall consist of a combination of brick, ceramic block, stone, decorative concrete block, or masonry materials installed in a craftsman-like manner. The material shall be a minimum of one inch thick and imbedded in a cementitious reinforced substrate. Building trim and accent areas shall not exceed 15 percent of any exterior wall area. Stucco, fiber reinforced cement board, reinforced EIFS or simulated masonry systems may only be used for accent areas located no closer than eight feet from the adjacent grade level. The use of more than one type of masonry material for exterior walls is permitted. Unfinished concrete masonry unit products such as cinder block or tilt-wall sections are permitted but must have an architecturally finished surface such as split-face, rusticated, or natural stone.

(13)

Oil, gas and extraction mineral drilling. No oil, gas or extraction of minerals and/or drilling shall be commenced or operated within the city limits or any other operation that permits waste, oil or escaping gas that emits poisonous obnoxious or odors [sic] which may threaten the safety or well-being of the city residences.

(14)

Mobile food vendor courts.

a.

Generally. Mobile food vendor courts may be permitted in accordance with the permitted use table in section 115-85 subject to the following conditions:

1.

Health and sanitation. Each individual mobile food vendor court shall comply with all applicable requirements and regulations contained in chapter 16, "Health" of this Code.

2.

Commissary access. If a commissary is provided on site and the mobile food vendor unit is approved to use the site's commissary, then the mobile food vendor unit will not have to be removed from the site each day

3.

Hours of operation. A mobile food vendor court may only operate between the hours of 8:00 a.m. and 12:00 a.m.

4.

Noise level. Playing, using, operating, or permitting to be played, used or operated any radio receiving set, television, musical instrument, phonograph or other machine or device that produces or reproduces sound in such a manner as to disturb the peace, quiet and comfort of persons of ordinary sensibilities shall be deemed a public nuisance. The playing, using or operating of any radio receiving set, television, musical instrument, phonograph, or other machine or device that produces or reproduces sound between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as disturb the quiet, comfort or repose of persons of ordinary sensibilities at a distance of 50 feet or more from the building, structure, or vehicle in which the radio receiving set, television, musical instrument, phonograph or other machine or device that produces or reproduces sound is located shall be prima facie evidence of a public nuisance.

5.

On-site manager. Each mobile food vendor court must have a designated manager that is responsible for the orderly organization of mobile food vendor units, the cleanliness of the mobile food vendor court and the mobile food vendor court's compliance with all rules and regulations. The designated manager must be physically present at the mobile food vendor court at all times that the mobile food vendor court is open to the public for business.

6.

Restrooms. Permanent restrooms must be provided within the boundaries of the mobile food vendor court. The number of water closets and lavatories required shall be based on the occupant load for fixed seating of the mobile food vendor court as required by Section 403 of the International Plumbing Code, 2003 edition. At least one restroom for each gender shall be provided within 500 feet from each mobile food vending unit.

7.

Water requirements. Each mobile food vendor court is required to provide water hookups for each individual mobile food vendor unit located at the mobile food vendor court.

8.

Electrical requirements. Each mobile food vendor court is required to provide electricity access for each individual mobile food vendor unit located at the mobile food vendor court. No mobile food vendor unit may operate a generator at the mobile food vendor court unless an emergency necessitates the need for a generator. Generators shall not be used for more than two consecutive days during emergencies.

b.

Site plan required. When specified by section 115-85, conditions and special regulations for listed uses. A site plan shall be submitted for review prior to a building permit being issued and shall include the following:

1.

The land area included within the site, the zoning classification of adjacent sites, and all public and private right-of-way and easements bounding and intersecting the site;

2.

A legal description of the platted lots of the proposed site and the boundaries thereof;

3.

The location of each proposed permanent structure on the site, the location of pads for mobile food vendor units, and identification of any proposed outdoor entertainment locations;

4.

The location, width, and surface material, of driving lanes and mobile food vendor units, indicating the paving, turf, or gravel areas to be used, including all curb cuts, and including fire lanes where required by the fire department;

5.

The location of fire hydrants;

6.

The dimensions and capacities of parking areas and loading areas;

7.

Landscaping of all street frontages;

8.

All pedestrian walks, patios, and open areas for use by tenants or the public;

9.

The location and height of all walls, fences, and screen planting and landscaping;

10.

The location, size, height, foot candle level and orientation of all lighting and signs;

11.

Location and screening of refuse containers air conditioners, and outside storage or display;

12.

Location and number of provided seating and eating areas, including number of fixed seats and tables;

13.

A schedule of the phasing of all improvements shown in the plan;

14.

Location, height separation of buildings, including location of restrooms, and open space; and

15.

Location and type of water supply and electrical outlet(s) provided for each corresponding pad site.

c.

Parking. The number of parking spaces for mobile food vendor courts shall be one space per 75 square feet of the food court seating area with a minimum of 12 spaces provided. Mobile food vending units shall be placed on an approved asphalt or concrete surface and in no case shall they be parked on unimproved surfaces.

d.

Signs. One on-premise sign identifying the mobile food vendor court is permitted at the entrance of each mobile food vendor court. Each mobile food vendor unit may have one attached sign. One temporary sandwich board sign is permitted per mobile food vendor unit, to be displayed within ten feet of the unit and within the boundaries of the mobile food vendor court. Only one banner or temporary inflatable sign may be permitted at one time at each mobile food vendor court in accordance with section 111-86, of this Code.

(Code 2001, § 14.401; Code 2010, § 14.04.001; Ord. No. 1476, 10-24-2011; Ord. No. 1546, § I(Exh. A), II(Exh. B), 3-24-2014; Ord. No. 1565, § III, 7-28-2014; Ord. No. 1588, § I(Exh. A), 5-18-2015; Ord. No. 1635, § II, 11-14-2016)