(a)

Types of districts. For the purpose of this chapter the City of West Monroe is hereby divided into the following types of districts:

Residential districts.

R-1 Districts: One-family residential district.

R-2 Districts: Multiple-family residential district.

R-1H Districts: Higher density residential district.

Business districts.

B-1 Districts: Transitional business district.

B-2 Districts: Business park district.

B-3 Districts: General business district.

B-4 Districts: Downtown development district.

CB-4 Districts: Central downtown development district.

Industrial districts.

I-1 Districts: Light to heavy industrial district.

Open land districts.

O-L Districts: Open land districts.

(b)

Order of restriction. For the purpose of this chapter, these districts shall be ranked with respect to degree of restriction, in descending order of restriction as follows: O-L, R-1, R-1H, R-2, B-4, CB-4, B-1, B-2, B-3 and I1.

(c)

Zoning map. The districts and the boundaries of such districts are shown upon the zoning map of the City of West Monroe, Louisiana, which map together with all information shown thereon, is hereby made a part of this chapter [by reference].

(d)

District boundaries. District boundaries are lot lines, the center lines of streets, alleys, or highways or such lines extended, railway right-of-way lines; the municipal corporation lines as they exist at the time of enactment of this chapter or may exist in the future, or natural boundary lines such as streams.

(e)

Utility lines. Water, electric transmission, sanitary sewer, telephone, and telegraph, stormwater drainage, and natural gas lines, regardless of any other provision or regulation appearing in this chapter, shall not be deemed and shall not constitute "uses requiring planning approval" or "special exception uses" in any district insofar as their placement, erection, or construction on dedicated streets, alleys, and public ways is concerned, but on such streets, alleys and public ways, they shall constitute uses by right, and no permit, license or other document of approval for such use(s) shall be required under this chapter.

(Ord. No. 1501, § III, 7-24-73; Ord. No. 2157, 8-12-86; Ord. No. 2427, § 1, 7-9-91; Ord. No. 4650, § 1, 3-12-19)

RESIDENTIAL DISTRICTS

These districts are composed mainly of areas containing one-family dwellings and open areas where similar residential development seems likely to occur; few two-family and multiple-family dwellings are found in these areas. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches, and to preserve the openness of the areas by requiring certain minimum yard and area standards to be met.

(a)

Permitted uses. In R-1 Districts only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use.

Dwelling, one-family.

Farming and truck gardening (need not be enclosed within structure).

Home occupation.

Name plate, not exceeding one square foot in area (need not be enclosed within structure).

Park or playground (public) including recreation center (need not be enclosed within structure).

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, water disposal, fire and police protection, and other public facilities, as not causing undue traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located.

Church, including parish house, community house and educational buildings.

Fire station.

Golf course, but not including commercial miniature courses or commercial driving ranges (need not be enclosed within structure).

Library (public).

Mobile homes, Class A only.

Pipe line or electric transmission line (need not be enclosed within structure).

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure).

Water storage (need not be enclosed within structure).

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article G governing special exceptions:

Bed and breakfast home.

Counseling center.

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed within a brick or perforated brick wall at least eight (8) feet high and adequate to obstruct view and passage of persons or materials, provided that the substitution of other masonry materials or a fencing material in lieu of brick may be approved by the planning commission as being equally satisfactory for meeting enclosure requirements.

Institution for children or the aged.

Hospital or sanitarium.

Mobile homes, Class B only.

Nursery, day care or kindergarten.

Respite care facility.

School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state.

Telephone exchange.

Water or sewage pumping station.

(b)

Building site area. Except as provided in article C, the minimum building site area shall be:

For a one-family dwelling, seven thousand two hundred (7,200) square feet.

For electric substation, gas regulator station, water or sewage pumping station, no minimum requirement.

For any other permitted use, ten thousand (10,000) square feet.

(c)

Building height limit. Except as provided in article C, no structure shall be erected or altered to exceed thirty-five (35) feet.

(d)

Yards required. Except as provided in article C, the minimum dimensions of yards shall be:

Front yard, twenty-five (25) feet.

Side yard, five (5) feet.

Rear yard, twenty-five (25) feet.

(Ord. No. 1501, § III, 7-24-73; Ord. No. 2125, 1-14-86; Ord. No. 2643, § 2, 3-14-95; Ord. No. 4794, § 2, 3-9-20)

These districts are composed mainly of areas containing a mixture of one-family, two-family, and multiple-family dwellings; in many of them there is evident a trend toward increased population density through conversion of large houses into duplexes or apartments and through use of remaining vacant land for apartment buildings. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; to prevent overcrowding of the land by requiring certain minimum building site areas for dwelling units.

(a)

Permitted uses. In R-2 Districts only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use.

Dwelling, one-family.

Dwelling, two-family.

Dwelling, multiple-family.

Dwelling, condominium (according to provisions of section 12-2005).

Dwelling, townhouse (according to provisions of section 12-2005).

Farming and truck gardening (need not be enclosed within structure).

Home occupation.

Name plate, not exceeding one square foot in area (need not be enclosed within structure).

Park or playground (public) including recreation center (need not be enclosed within structure).

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or crating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational buildings.

Fire station.

Golf course, but not including commercial driving ranges (need not be enclosed within structure).

Library (public).

Mobile home parks (must conform to mobile home ordinance).

Mobile homes, Class A only.

Pipe line or electric transmission line (need not be enclosed within structure).

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure).

Water storage (need not be enclosed within structure).

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to the approval of the board of adjustment in accordance with the provisions of article G governing special exceptions:

Art gallery or museum.

Bed and breakfast home.

Cemetery (need not be enclosed within structure).

College or university.

Convalescent home.

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed within a brick or perforated brick wall at least eight (8) feet high and adequate to obstruct view and passage of persons or materials, provided that the substitution of other masonry materials or fencing material in lieu of brick may be approved by the planning commission as being equally satisfactory for meeting enclosure requirements.

Hospital or sanitarium.

Institution for children or the aged.

Mobile homes, Class B or Class C.

Nursery, day care or kindergarten.

Respite care facility.

School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state.

Water or sewage pumping station.

(b)

Building site area. Except as provided in article C, the minimum building site area shall be:

For a one-family or a two-family dwelling, seven thousand two hundred (7,200) square feet.

For a multiple-family dwelling:

First two (2) dwelling units, seven thousand two hundred (7,200) square feet.

Each additional dwelling unit, two thousand (2,000) square feet.

For electric substation, gas regulator station, water or sewage pumping station, no minimum requirement.

For other permitted use, ten thousand (10,000) square feet.

(c)

Building height limit. Except as provided in article C, no structure shall be erected or altered to exceed forty-five (45) feet.

(d)

Yards required. Except as provided in article C, the minimum dimensions of yards shall be:

Front yard, twenty (20) feet.

Side yard, five (5) feet.

Rear yard, twenty (20) feet.

(Ord. No. 1501, § III, 7-24-73; Ord. No. 2125, 1-14-86; Ord. No. 2157, 8-12-86; Ord. No. 2643, § 2, 3-14-95; Ord. No. 2964, §§ 1, 2, 10-13-98; Ord. No. 4369, § 1, 5-10-16; Ord. No. 4794, § 3, 3-9-20)

These districts are composed of land and structures occupied by or suitable for such uses as offices, studios, some retail goods and services to satisfy the daily household needs of the surrounding residential neighborhoods. These districts often still contain dwellings while the district is in transition, and new dwellings may be constructed or existing dwellings significantly renovated in appropriate circumstances. Although usually located between residential areas and the main business areas, these districts are in some instances freestanding in residential areas. The district regulations are designed to permit the development of the districts for their purpose and to protect the abutting and surrounding residential areas by requiring certain minimum yard and area standards to be met, standards that are comparable to those called for in the residential districts. The construction of new residences in these districts, while permitted, is not encouraged.

(a)

Permitted uses. In the B-1 district only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use.

Altering and repairing of wearing apparel.

Antique shop.

Apothecary (limited to the sale of pharmaceuticals and medical supplies).

Apparel and accessory store.

Art gallery or museum.

Automobile filling station, where the primary function is the retail sale of gasoline, oil, grease, tires, batteries, and accessories, and where services are limited to installation of items sold, washing, polishing, and greasing; fuel pumps need not be enclosed within structure.

Bakery, retail.

Bank.

Barber shop or beauty shop.

Book store.

Camera and photographic supplies store.

Candy, nut and confectionery store.

Catering shop.

Clinic, dental or medical.

Club or lodge (private), not including one the chief activity of which is a service customarily carried on as a business.

College or university.

Counseling center.

Dairy products sales.

Delicatessen.

Drug store.

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed with:

1.

A cyclone or similar type of protective fence sufficient in height and so constructed as to resist scaling by unauthorized persons and obstruct passage of persons or materials, along the entire length of which there shall be a screening material or planted evergreen shrubs or climbing vines adequate to obstruct view and present a pleasing and esthetic appearance; or

2.

A wall of brick, perforated brick, masonry or other similar material sufficient in height to obstruct view and passage of persons or materials; or

3.

With the approval of the planning commission a similarly satisfactory enclosure adequate to meet the above stated requirements for the obstruction of view and passage of persons or materials.

Fire station.

Fix-it-shop.

Floor covering sales.

Furniture/home furnishing sales.

Garden supplies store, handling packaged fertilizer and no other types of fertilizer.

Gift shop.

Grocery store, retail.

Hardware store, retail.

Hobby supply store.

Home occupation.

Hospital or sanitarium.

Ice cream store.

Institution for children or the aged.

Interior decorating shop.

Jewelry store.

Laundry, self-service only.

Laundry and/or dry cleaning pick-up station.

Library or reading room.

Nursery, daycare, or kindergarten.

Office.

Optician.

Park or playground (public), including recreation centers.

Post office.

Radio and television broadcasting studio.

Reducing salon.

Restaurant.

Retail auto parts store, excluding all mechanical operations.

Shoe store, retail.

Sporting goods store, retail.

Studio for professional work or teaching.

Toy store.

Water storage (need not be enclosed within structure).

Water or sewage pumping station.

YMCA, YWCA and similar institutions.

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational buildings.

College fraternity or sorority house.

Convalescent home.

Dwelling, multiple family.

Dwelling, one-family.

Dwelling, two (2) family.

Dwelling, condominium (according to provisions of section 12-2005).

Dwelling, townhouse (according to provisions of section 12-2005).

Mobile home, Class A only.

Mobile home parks (must conform to mobile home regulations).

Pet shop.

Pipe line or electric transmission line (need not be enclosed within structure).

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure).

Respite care facility.

Small animal clinic.

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess the characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of Article G governing special exceptions:

Auto laundry, self-service only (not to include mechanically operated, rotating brushes; all wastewater must be discharged into a sewer).

Bed and breakfast home.

Construction and utilization of a helipad for emergency medical transport in conjunction with a hospital or other emergency medical facility.

Funeral home, with or without an associated florist shop (subject to such appropriate general or site-specific conditions and stipulations as may be imposed).

Liquor sales (not to be consumed on the premises).

Mobile homes, Class B or Class C.

Sales of alcoholic beverages of low or high alcoholic content or light wine for consumption on the premises of a restaurant-only establishment (no bar area allowed) in conjunction with the service of meals. To qualify as a "restaurant establishment", a business shall gross an average over three (3) months of no less than seventy (70) percent of its average monthly revenue from the sale of food and food items. Failure to maintain these standards will result in the business being determined to be improperly operated "out of district", and lapse of time from such offense until the time charged shall not be the basis for asserting the nonenforceability of these provisions or that the actions taken by the business are then considered to be a proper nonconforming use.

(b)

Building site area. Except as provided in Article C, the minimum building site area shall be:

For a one-family or two-family dwelling, seven thousand two hundred (7,200) square feet.

For a multiple-family dwelling:

First two (2) dwelling units, seven thousand two hundred (7,200) square feet.

Each additional dwelling unit, two thousand (2,000) square feet.

For electric substation, gas regulator station, water or sewage pumping station, no minimum requirement.

For other permitted use, seven thousand two hundred (7,200) square feet.

(c)

Building height limit. Except as provided in Article C, no structure shall be erected or altered to exceed thirty-five (35) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimensions of yards shall be:

Front yard, twenty-five (25) feet.

Side yard, five (5) feet.

Rear yard, twenty (20) feet.

(Ord. No. 1501, § III, 7-24-73; Ord. No. 1518, § 1, 11-13-73; Ord. No. 1522, § 1, 1-8-74; Ord. No. 1635, § 5, 2-8-77; Ord. No. 1643, § 5, 4-12-77; Ord. No. 1894, § 1, 1-19-82; Ord. No. 2107, 7-9-85; Ord. No. 2125, 1-14-86; Ord. No. 2157, 8-12-86; Ord. No. 2643, § 2, 3-14-95; Ord. No. 2964, §§ 3, 4, 10-13-98; Ord. No. 3700, § 1, 10-9-07; Ord. No. 3725, § 1, 2-12-08; Ord. No. 4085, § 1, 9-11-12; Ord. No. 4171, § 1, 12-10-13; Ord. No. 4369, § 2, 5-10-16; Ord. No. 4388, § 1, 7-12-16; Ord. No. 4747, § 1, 10-8-19; Ord. No. 4761, § 1, 11-12-19; Ord. No. 4785, § 1, 2-11-20)

These districts are similar to the B-3 Districts (general business districts) in that they are composed of land and structures used to furnish, in addition to some of the retail goods and services found in transitional business districts, many of the less frequently needed goods and services found in the general business districts. Usually easily accessible from thoroughfares (but not strung out along thoroughfares), these districts contain buildings that are freestanding on large, well-landscaped sites with off-street parking. Uses that are noisy, unsightly or otherwise objectionable or unattractive are seldom found in these districts, and the districts are not intended to accommodate those uses. The district regulations are designed to permit the development of the districts for their purpose in an open, spacious arrangement and to protect the abutting and surrounding residential area by requiring certain minimum yard and area standards to be met, standards that are comparable to those called for in residence districts. It is intended that additional business park districts will be created in accordance with the amendment procedure set forth herein, as they are needed. To ensure that these districts are actually developed to supply the business needs of the urban area, the amendment creating the district may set a time limit for its development.

(a)

Permitted uses: In the B-2 Districts only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use.

Air conditioning sales and services.

Altering and repairing of wearing apparel.

Ambulance service.

Amusement, commercial; miniature golf course and golf driving range (need not be enclosed within structure).

Antique store.

Apparel and accessory store.

Apothecary (limited to the sale of pharmaceuticals and medical supplies).

Appliance store.

Armory.

Art gallery or museum.

Artificial limb manufacture.

Auditorium.

Automobile and other motor vehicle parts store (retail).

Automobile and truck sales room where the primary function is the retail sale of new automobiles and the retail sale of used automobiles, accessories, tires, and batteries is a secondary function only, and where services are limited to installation of items sold, making minor mechanical adjustments, and washing and polishing; may not rebuild or overhaul engines, repair bodies, repaint automobiles, re-cap tires, steam clean automobiles, or motors, reupholster automobiles, or conduct dismantling; may display and store automobiles only within completely enclosed structures.

Automobile filling station; where the primary function is the retail sale of gasoline, oil, grease, tires, batteries, and accessories, and where services are limited to installation of items sold, washing, polishing, and greasing; fuel pumps need not be enclosed within structure.

Bakery (retail).

Bank.

Barber and beauty supplies and equipment sales.

Barber shop or beauty shop.

Bed and breakfast home.

Book store.

Business machines store.

Camera and photographic supplies store.

Candy, nut and confectionery sales, retail and wholesale.

Catering shop.

City Hall, police station, court house, federal building.

Clinic, dental or medical.

Club or lodge (private).

Computer sales and services.

Dairy products sales.

Delicatessen.

Department store (limited).

Drug store.

Dry goods store.

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed with:

1.

A cyclone or similar type of protective fence sufficient in height and so constructed as to resist scaling by unauthorized persons and obstruct passage of persons or materials, along the entire length of which there shall be a screening material or planted evergreen shrubs or climbing vines adequate to obstruct view and present a pleasing and esthetic appearance; or

2.

A wall of brick, perforated brick, masonry or other similar material sufficient in height to obstruct view and passage of persons or materials; or

3.

With the approval of the planning commission a similarly satisfactory enclosure adequate to meet the above stated requirements for the obstruction of view and passage of persons or materials.

Fire station.

Fix-it shop.

Floor covering sales.

Floral shop.

Funeral home, mortuary or undertaking establishment.

Furniture store, retail.

Garden supply store (pkg. fert. only).

Gift shop.

Glass store.

Grocery store, retail.

Gymnasium, commercial.

Hardware store, retail.

Hobby supply store.

Hospital or sanitarium.

Ice cream store.

Interior decorating shop.

Jewelry store.

Laboratory, dental or medical.

Landscape garden sales.

Laundry, self-service only.

Laundry and/or dry cleaning, pick-up station.

Library (public).

Loan office.

Music store.

Nursery, daycare, or kindergarten.

Office.

Office equipment and supplies, retail.

Optician.

Pet shop.

Picture framing and/or mirror silvering.

Police substation.

Post office.

Radio and television broadcasting studio.

Radio and television store and repair shop.

Reducing salon.

Restaurant.

Shoe store.

Small engine repair.

Sporting goods store, retail.

Studio for professional work or teaching of any form of fine arts, photography, music, drama, dance.

Surgical or dental supplies store.

Telephone exchange, but not including shops or garages.

Tobacco store.

Water storage (need not be enclosed within structure).

Water or sewage pumping station.

YMCA, YWCA and similar institutions.

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational buildings.

Dry-cleaning (noninflammable agents only).

Leather or luggage.

Pipe line or electric transmission line (need not be enclosed within structure).

Railroad right-of-way, but not including shops, yard and team tracks (need not to be enclosed within structure).

Small animal clinic.

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess the characteristic of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of Article G governing special exceptions:

Auto laundry, self-service only (not to include mechanically operated, rotating brushes; all wastewater must be discharged into a sewer).

Convalescent home.

Epoxy monuments - Manufacture and sales - Parking requirements: One space for every nine hundred (900) square feet of gross floor area.

Hospital or sanitarium.

Hotel, motel, tourist home all for transient occupancy except that not more than one-third (⅓) of the gross floor area may be used for apartments for permanent occupancy.

Institution for children or the aged.

Liquor sales (not to be consumed on premises).

Marine store.

Mini-warehouses (as regulated by section 12-5026).

Passenger depot, railway or bus.

Sales of alcoholic beverages of low or high alcoholic content or light wine for consumption on the premises of a restaurant-only establishment (no bar allowed) in conjunction with the service of meals. To qualify as a "restaurant establishment", a business shall gross an average over three (3) months of no less than seventy (70) percent of its average monthly revenue from the sale of food and food items. Failure to maintain these standards will result in a business being determined to be improperly operated "out of district", and lapse of time from such offense until the time charged shall not be the basis for asserting the nonenforceability of these provisions or that the actions taken by the business are considered to be a proper nonconforming use.

Taxidermy services (restricted) where no processing (skinning, removal of inner parts of game or similar activities) is to occur on premises, no use of any product considered hazardous and which is not biodegradable, the business is not to emit any aroma or odor whatsoever, and any and all animal matter of any type or nature whatsoever which is considered as waste, refuse, trash or garbage shall be promptly sealed and disposed of off-premises in a legal and appropriate matter [manner] without use of city facilities or services. Failure to maintain these standards will result in the business being determined to be improperly operated "out of district", and lapse of time from such offense until the time charged shall not be the basis for asserting the nonenforceability of these provisions or that the actions taken by the business are considered to be a proper nonconforming use.

(b)

Building site area. The minimum building site area shall be:

For electric substation, gas regulator station, water or sewerage pumping station, no minimum requirements

For any other permitted use, ten thousand (10,000) square feet.

(c)

Building height limit. Except as provided in Article C, no structure shall be erected or altered to exceed thirty-five (35) feet.

(d)

Yards required.

(1)

Except as provided in Article C, the minimum dimensions of yards shall be:

Front yard, twenty-five (25) feet.

Side yard, five (5) feet.

Rear yard, ten (10) feet.

(2)

Except that a rear yard abutting on a public alley need only be five (5) feet in depth, a rear yard abutting on a lot in a residential or B-1 District shall have the same minimum depth as the rear yard required in the abutting district.

(Ord. No. 1501, § III, 7-24-73; Ord. No. 1518, § 1, 11-13-73; Ord. No. 1628, § 3, 8-10-76; Ord. No. 1667, § 1, 4-11-78; Ord. No. 1894, § 1, 1-19-82; Ord. No. 2097, 5-14-85; Ord. No. 2108, 7-9-85; Ord. No. 2125, 1-14-86; Ord. No. 2372, § 2, 9-22-90; Ord. No. 2498, § 1, 10-13-92; Ord. No. 2643, § 3, 3-14-95; Ord. No. 2752; § 1, 5-14-96; Ord. No. 3663, § 1, 6-12-07; Ord. No. 3700, § 2, 10-9-07; Ord. No. 4085, § 2, 9-11-12)

Editor's note— Section 4 of Ord. No. 3700 provided for an effective date on and after October 10, 2007.

These districts are composed of land and structures occupied by or suitable for furnishing the range of retail goods and services required by the residents of the city and its trade area. The district regulations are designed to permit the development of the districts for their purpose subject to limitations designed to prevent congestion of the area that would result from over-intensive development. It is intended that additional general business districts will be created in accordance with the amendment procedures set forth herein as they are needed to serve new neighborhoods. To insure that such districts that are created are actually developed to supply the business needs of the city and its neighborhoods, the amendment creating the district may set a time limit for its development.

(a)

Permitted uses. In the B-3 Districts only the following uses are permitted.

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use.

Air conditioning sales and service.

Ambulance service.

Amusement, commercial; miniature golf course and golf driving range (need not be enclosed within structure).

Apothecary (limited to the sale of pharmaceuticals and medical supplies).

Apparel and accessory store.

Appliance store.

Armory.

Art gallery or museum.

Artificial limb manufacture.

Auditorium.

Automobile and truck sales, rentals and/or repair, but not including commercial wrecking, dismantling, or auto salvage yard; need not be enclosed within structure, provided the unenclosed part shall comply with the requirements for maintenance of off-street parking facilities, except the prohibition of sales.

Automobile filling station and/or repair, but not including commercial wrecking, dismantling, or auto salvage yard; need not be enclosed within structure, provided the unenclosed part shall comply with the requirements for maintenance of off-street parking facilities, except for the prohibition of sales.

Automobile laundry where the primary function is washing automobiles, but not including trucks or trailers, and retail sale of accessories, tires, and batteries is a secondary function only, and where services are limited to installation of items sold; operations shall be conducted only within a completely enclosed structure and all wastes shall be discharged into the sewer.

Bait store or sales (live bait) (need not be enclosed within structure).

Bakery retail.

Bakery, wholesale.

Bank.

Barber and beauty supplies and equipment sales.

Barber shop or beauty shop.

Bed and breakfast home.

Beverage manufacture (not including alcoholic).

Bicycle and/or lawnmower sales and repair.

Blueprinting and photostating.

Boat body repair (nonmetal).

Book store.

Building specialties store.

Business college.

Business machines store.

Cabinet or carpenter shop.

Camera and photographic supplies store.

Candy, nut and confectionery store.

Canvas products manufacture.

Catering shop.

City Hall, police station, court house, federal building.

Clinic, dental or medical.

Club or lodge (private).

Convalescent home.

Cosmetics (compounding only).

Creamery.

Dairy equipment sales.

Dairy products sales.

Delicatessen.

Department store limited to sale of items which may be sold by any other use permitted in this district.

Drug store.

Dry cleaning with noninflammable cleaning agents only.

Dry goods store.

Dry goods, wholesale.

Electric repair shop.

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed within a brick or perforated brick wall at least eight (8) feet high and adequate to obstruct view and passage of persons or materials, provided that the substitution of other masonry materials or a fencing material in lieu of brick may be approved by the planning commission as being equally satisfactory for meeting enclosure requirements.

Exterminators.

Farm equipment and supplies sales (need not be enclosed within structure).

Feed store.

Fire station.

Fix-it-shop.

Fixture sales.

Floor covering sales.

Floral shop.

Food locker plant renting only individual lockers for home customer storage of food, cutting and packaging of meats and game permitted but not including any slaughtering or eviscerating thereof.

Food products, wholesale storage and sales.

Fruit and produce, wholesale.

Fruit store.

Funeral home, mortuary or undertaking establishment.

Fur dyeing, finishing and storage, no tanning.

Furniture repair and upholstering.

Furniture store, retail.

Garden supplies store, handling packaged fertilizer and no other types of fertilizer.

Gift shop.

Glass store.

Grocery store, retail.

Gymnasium, commercial.

Hardware store, retail.

Hardware, wholesale storage and sales.

Hobby supply store.

Hospital or sanitarium.

Hotel, motel, tourist home all for transient occupancy except that not more than one-third (⅓) of the gross floor area may be used for apartments for permanent occupancy.

Ice cream manufacture.

Ice cream store.

Institution for children or the aged.

Interior decorating shop.

Jewelry store.

Laboratory, dental or medical.

Landscape garden sales (need not be enclosed within structure).

Laundry.

Laundry, linen or diaper service and/or uniform service.

Leather or luggage store.

Library or reading room.

Liquor sales (for consumption on premises).

Liquor sales (not to be consumed on premises).

Loan office.

Locksmith.

Machinery, tools and construction equipment, sales and service (need not be enclosed within structure).

Marine store.

Mini-warehouses (as regulated by section 12-5026).

Motorcycle sales and service.

Music store.

News stand.

Nursery, day care for kindergarten.

Office.

Office equipment and supplies, retail.

Off-premises sign.

Optician.

Outdoor general advertising structure (need not be enclosed within structure).

Paint and wallpaper store.

Painting and decorating contractor.

Paper supplies, wholesale.

Passenger depot, railway or bus.

Pawn shop.

Pet store.

Photographic studio and/or processing.

Picture framing and/or mirror silvering.

Plumbing shop.

Police substation.

Post office.

Printing, publishing and allied industries.

Radio and television broadcasting studio.

Radio and television store and repair shop.

Reducing salon.

Restaurant.

Restaurant, drive-in (need not be enclosed within structure).

Restaurant supplies sales.

Rooming house and boarding house.

Rug cleaning.

Seafood store, retail.

Seed store.

Sexually oriented business, as defined and subject to the limitations contained in section 12-5081 et seq., and subject to the provisions of section 10-9001 et seq.

Shoe repair shop.

Shoe store, retail.

Shoe store, wholesale.

Sign shop.

Small animal clinic and kennels.

Small engine repair.

Sporting goods store, wholesale or retail.

Stone monument sales, retail (need not be enclosed within structure).

Studio for professional work or teaching of any form of fine arts, photography, music, drama, dance.

Surgical or dental supplies store.

Tailor shop.

Telephone exchange, but not including shops or garages.

Theater, indoor.

Tile shop.

Tire store.

Tobacco store.

Tobacco, wholesale.

Toy store.

Trailer sales (need not be enclosed within structure).

Variety store.

Vegetable store.

Venetian blind and metal awning fabrication and cleaning.

Vulcanizing shop.

Water distillation.

Water storage (need not be enclosed within structure).

Water or sewage pumping station.

Welding equipment and supplies, sales and services (all outside storage must be enclosed within a solid fence at least seven (7) feet in height).

YMCA, YWCA and similar institutions.

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational buildings.

Meat slaughtering and/or packing in conjunction with retail sales.

Pipe line or electric transmission line (need not be enclosed within structure).

Fair grounds.

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure).

Revival church (temporary) as a temporary use on permit issued by the zoning administrator, such permit to be good for a period not exceeding one week and renewal for not more than three (3) such periods.

Theater, outdoor (need not be enclosed within structure).

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article G governing special exceptions:

Automobile and light truck body repair, but not including commercial wrecking, dismantling, or auto salvage yard, provided said businesses are equipped with professionally manufactured paint rooms approved by the city fire marshal; provided the enclosed part shall comply with the requirements for maintenance of off-street parking facilities, except the prohibitions of sale.

Beverage manufacture (alcoholic).

Boat body repair (metal and nonmetal).

Drilling operations for water or for oil, gas or other fugacious minerals (not to exceed a length of operation in excess of three (3) months without express approval) and subject to such restrictions on access, visibility, noise, hours of operation or other restrictions as the board of adjustments may determine appropriate for the anticipated activity and location.

Manufacture and associated retail sales of portable buildings.

School, pre-K and/or elementary and/or middle school and/or secondary and/or satellite business center for the school; operating a closed campus if students age eighteen (18) or below are present; after thorough consideration of the intended geographic location and surrounding area, and all such other factors as the planning commission may determine are relevant; may be approved only as to certain ages or grade levels; approval may also be subject to all conditions determined appropriate, including limitations on the duration of the special exception. May be required to waive any objection to the location of an establishment selling alcoholic beverages within three hundred (300) feet.

Storage of transportable storage containers in conjunction with a retail location for the operation of a transportable storage container rental business, subject to such restrictions and limitations (location and neighborhood dependent) with regard to fencing, signage, size, number and manner of storage of portable storage containers, nature and materials of required driveways and storage areas, limitations on nature of business operations, and similar appropriate requirements required by the planning commission or the board of adjustments incident to approval.

(b)

Building site area. There is no minimum building site area.

(c)

Building height limit. Except as provided in Article C, no structure shall be erected or altered to exceed one hundred (100) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimensions of yards shall be:

Front yard, twenty (20) feet.

Side yard, none.

Rear yard, ten (10) feet.

(Ord. No. 1501, § III, 7-24-73; Ord. No. 1884, § 1, 10-13-81; Ord. No. 1937, § 1, 8-10-82; Ord. No. 2216, 9-8-87; Ord. No. 2372, §§ 3, 4, 9-11-90; Ord. No. 2498, § 2, 10-13-92; Ord. No. 2643, § 3, 3-14-95; Ord. No. 2753, § 1, 5-14-96; Ord. No. 2805, § 1, 1-14-97; Ord. No. 3293, § 1, 2-11-03; Ord. No. 3694, § 1, 10-9-07; Ord. No. 3801, § 2, 2-10-09; Ord. No. 3968, § 1, 2-8-11; Ord. No. 4305, § 1, 8-11-15; Ord. No. 4486, § 1, 9-12-17; Ord. No. 4688, § 1, 6-11-19)

These districts are composed of land and structures used for manufacturing or wholesaling, or suitable for such uses, where the use and its operation do not directly adversely affect nearby residential and commercial uses. These districts are usually separated from residential areas by commercial areas or by natural barriers. The district regulations are designed to allow a wide range of industrial activities subject to limitations designed to protect nearby residential and commercial districts.

(a)

Permitted uses. In the I-1 Districts only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use.

Air conditioning sales and service.

Air products manufacture.

Airport and/or dusting service (need not be enclosed within structure).

Armory.

Automobile filling station and/or repair, but not including commercial wreckage, dismantling, or auto salvage yard; need not be enclosed within structure provided the unenclosed part shall comply with the requirements for maintenance of off-street parking facilities, except for the prohibition of sales.

Automobile and truck maintenance shops and garages.

Automobile and truck sales, rentals and/or repair, but not including commercial wreckage, dismantling, or auto salvage yard; need not be enclosed within structure provided the unenclosed part shall comply with the requirements for maintenance of off-street parking facilities, except for the prohibition of sales.

Automobile storage (commercial) (need not be enclosed within structure).

Automobile and truck laundry, including steam cleaning.

Automobile and truck body repair.

Aviary (need not be enclosed within structure).

Bakery, wholesale.

Battery manufacture.

Beverage manufacture (alcoholic).

Beverage manufacture (not including alcoholic).

Boat body repair (metal and nonmetal).

Boiler or tank works.

Brooms and brushes manufacture.

Canvas products manufacture.

Carnival or circus, as a temporary use on permit issued by the zoning administrator, such permit to be good for a period not exceeding three (3) days and renewal for not more than three (3) such periods; need not be enclosed within structure.

Carting, express, crating, hauling, and storage.

Clothing manufacture.

Coffee roasting.

Cold storage plant.

Concrete and concrete products manufacture (need not be enclosed within structure).

Contractors, storage yard for vehicles, equipment, materials, and/or supplies (need not be enclosed within structure).

Cosmetics (compounding only).

Creamery.

Dairy equipment sales.

Diesel engine repair.

Dog pound (need not be enclosed within structure).

Drug manufacture.

Dry cleaning.

Dry dock.

Dry goods, wholesale.

Electric power generating station.

Electric repair shop.

Electric substation or gas regulator station need not be enclosed within structure but must be enclosed within a brick or perforated brick wall at least eight (8) feet high and adequate to obstruct view and passage of persons or materials, provided that the substitution of other masonry materials or a fencing material in lieu of brick may be approved by the planning commission as being equally satisfactory for meeting enclosure requirements.

Electroplating.

Elevator maintenance service.

Farm equipment and supplies sales (need not be enclosed within structure).

Feed store.

Felt manufacture.

Fire station.

Fixture sales.

Food locker plant renting only individual lockers for home customer storage of food; cutting and packaging of meats and game permitted but not including any slaughter or eviscerating thereof.

Food products manufacture.

Food products, wholesale storage sales.

Freight depot, railway and/or truck.

Frozen food plant.

Fruit and produce wholesale.

Fur dyeing, finishing and storage (no tanning).

Glass manufacture.

Glass products manufacture (from glass stock).

Hardware, manufacture.

Hardware, wholesale storage and sales.

Hatchery.

Hosiery mill.

Ice cream manufacture.

Ice manufacture.

Laboratory.

Laundry.

Laundry, linen supply or diaper service.

Linoleum manufacture.

Livestock keeping, raising or breeding.

Livestock pavilion or equestrienne pavilion.

Lumber yard and building materials (need not be enclosed within structure).

Machine shop.

Machinery, tools and construction equipment, sales and service (need not be enclosed within structure).

Mail order house.

Mattress manufacturing and rebuilding.

Metal products fabrication.

Metal sharpening.

Millinery manufacture.

Millwork and similar wood products manufacture.

Mini-warehouses (as regulated by section 12-5026).

Novelty and souvenir manufacture.

Nursery, daycare or kindergarten.

Off-premises sign.

Office.

Office equipment and supplies manufacture.

Oil well supplies and machinery (need not be enclosed within structure).

Outdoor general advertising structure (need not be enclosed within structure).

Packing and gasket manufacture.

Painting and decorating contractor.

Paper products manufacture.

Paper supplies, wholesale.

Passenger depot, railway or bus.

Pipe storage (need not be enclosed within structure).

Plastic fabrication.

Plumbing shop.

Police substation.

Portable building manufacture.

Portable building sales (need not be enclosed within a structure).

Poultry (live) storage and/or dressing.

Printing, publishing and allied industries.

Printing inks manufacture and fabrication.

Radio and television broadcast transmitter.

Railroad facilities, except shops (need not be enclosed within structure).

Rehabilitative or recovery care center.

Restaurant supplies and sales.

Revival church (temporary) as a temporary use on permit issued by the zoning administrator, such permit to be good for a period not exceeding one week and renewal for not more than three (3) such periods.

Riding academy (need not be enclosed within structure).

Roofing and gravel storage (need not be enclosed within structure).

Roofing and sheet metal shop.

Rug cleaning.

Sand and gravel storage yard (need not be enclosed within structure).

Seed store.

Sewage disposal plant.

Shoe manufacture.

Shoe store, wholesale.

Sign shop.

Small animal clinic and kennels.

Small engine repair.

Sporting goods store, wholesale.

Stone cutting.

Syrup manufacture.

Taxidermist.

Telephone exchange (including shops and garages) (need not be enclosed within structure).

Tire store and storage.

Tobacco wholesale.

Toy manufacture.

Trade school.

Trailer manufacture.

Trailer sales (need not be enclosed within structure).

Transit vehicle storage and servicing (need not be enclosed within structure).

Venetian blind and metal awning fabrication and cleaning.

Water distillation.

Water storage (need not be enclosed within structure).

Water or sewage pumping station.

Welding shop.

Well drilling company.

Wholesale and warehousing.

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Pipe line or electric transmission line (need not be enclosed within structure).

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of this chapter governing special exceptions:

Acid manufacture (hydrochloric, nitric, picric, sulphuric, sulphanous, carbolic).

Animal reduction.

Animal black, lamb black, or bone black manufacture.

Automobile wrecking, dismantling or salvage, need not be enclosed within structure but must be enclosed within a fence at least seven (7) feet high and adequate to obstruct view, noise and passage of persons; chain link or similar fence will be permitted if screen planting adequate to obstruct view is provided.

Bones, distillation.

Butane and other liquified petroleum gas products storage and sales.

Cement, lime, gypsum and plaster manufacture.

Clay and clay products manufacture (need not be enclosed within structure).

Drilling operations for water or for oil, gas or other fugacious minerals (not to exceed a length of operation in excess of three (3) months without express approval) and subject to such restrictions on access, visibility, noise, hours of operation or other restrictions as the board of adjustments may determine appropriate for the anticipated activity and location.

Dwelling unit, owner/proprietor (one dwelling unit within any commercial or industrial structure, or on the same site, when limited to use by owner or the use of an employee, exclusive of all residential zoning restrictions of this chapter, for security or other approved business related purposes, and provided such use in conformance with all applicable restrictions which include building codes and fire codes).

Explosives, fireworks and gunpowder manufacture and/or storage.

Fertilizers manufacture or processing.

Garbage dumping (need not be enclosed within structure).

Glue, size or gelatin manufacture.

Junk yard, including storage, baling or sale of rags, paper, iron, or junk; need not be enclosed within structure but must be enclosed within a fence at least seven (7) feet high and adequate to obstruct view, noise, and passage of persons; chain link or similar fence will be permitted if screen planting is provided.

Matches manufacturing.

Meat slaughtering and/or packing.

Metal ingots, pigs, castings, sheets or bars manufacture.

Petroleum and petroleum products manufacture, processing or storage.

Rubber or gutta percha manufacture, processing or reclaiming.

Stockyards (need not be enclosed within structure).

Tannery, including curing of hides.

(b)

Building site area. The minimum building site area shall be ten thousand (10,000) square feet.

(c)

Building height limit. Except as provided in Article C, no structure shall be erected or altered to exceed forty-five (45) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimensions of yards shall be:

Front yard .....25 feet

Side yard .....10 feet

Rear yard .....10 feet

Except that a rear yard abutting on a public alley need only be five (5) feet in depth, and a rear yard abutting on a lot in a residential or B-1 District shall have the same minimum depth as the rear yard required in the abutting district.

(Ord. No. 1501, § III, 7-24-73; Ord. No. 2125, 1-14-86; Ord. No. 2369, § 4, 9-11-90; Ord. No. 2372, § 5, 9-11-90; Ord. No. 2420, § 1, 6-11-91; Ord. No. 2498, § 3, 10-13-92; Ord. No. 2804, §§ 1, 2, 1-14-97; Ord. No. 3176, § 2, 7-10-01; Ord. No. 3261, § 1, 8-13-02; Ord. No. 3293, § 2, 2-11-03; Ord. No. 4306, § 1, 8-11-15)

These districts are composed mainly of large open unsubdivided lands that are vacant or in agricultural or forestry uses. The regulations are designed to protect the essentially open character of the districts, until such time as plans for development are prepared, by prohibiting the establishment of scattered residential, business, industrial and other uses that are unrelated to any general plan of development and that might inhibit the best future urban utilization of the land. It is intended that land in these districts will be reclassified to its appropriate residential, commercial or industrial category in accordance with the amendment procedure set forth herein whenever such land is subdivided into urban building sites.

(a)

Permitted uses. In O-L Districts only the following uses are permitted.

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use.

Archery range (need not be enclosed within structure).

Fair grounds.

Farming and truck gardening (need not be enclosed within structure).

Golf course comprising not less than fifty (50) acres, but not including commercial or non-commercial miniature course, at which retail sales of alcoholic beverages of low content are allowable within an enclosed club house, or for consumption by golfing participants solely upon the course premises.

Livestock keeping, raising, or breeding (need not be enclosed within a structure provided that open spaces used by animals are more than one hundred fifty (150) feet from any dwelling, commercial establishment, or other use).

Park or playground (public) including recreation center (need not be enclosed within structure).

Riding academy (need not be enclosed within a structure).

Skeet range and trap shooting range (need not be enclosed within structure).

Water storage (need not be enclosed within structure).

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Caretaker's residence.

Church, including parish house, community house and educational buildings.

College or university.

Fire station.

Outdoor general advertising structure (need not be enclosed within structure).

Pipe line or electric transmission line (need not be enclosed within structure).

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure).

Revival church (temporary) as a temporary use on permit issued by the zoning administrator, such permit to be good for a period not exceeding one week and renewal for not more than three (3) such periods.

School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state.

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of Article G governing special exceptions:

Airport and/or dusting service (need not be enclosed within structure).

Cemetery (need not be enclosed within structure).

Dry dock.

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed within a brick or perforated brick wall at least eight (8) feet high and adequate to obstruct view and passage of persons or materials, provided that the substitution of other masonry materials or a fencing material in lieu of brick may be approved by the planning commission as being equally satisfactory for meeting enclosure requirements.

Excursion boat and dock (not to be used as dwelling).

Institution for children or the aged.

Marine vehicle filling station or pier (no maintenance or repair; fuel pumps need not be enclosed within a structure).

Radio and television broadcasting transmitter.

Water and sewage pumping station.

(b)

Building site area. The minimum building site area shall be:

For electric substation, gas regulator station, water or sewerage pumping station, no minimum requirement.

For any other permitted use, ten thousand (10,000) square feet.

(c)

Building height limit. Except as provided in article C, no structure shall be designed, erected or altered to exceed thirty-five (35) feet.

(d)

Yards required. Except as provided in article C, the minimum dimensions of yards shall be:

Front yard .....25 feet

Side yard .....10 feet

Rear yard .....25 feet

(Ord. No. 1501, § III, 7-24-73; Ord. No. 2369, § 3, 9-11-90; Ord. No. 2372, § 6, 9-11-90; Ord. No. 3341, § 1, 9-9-03; Ord. No. 3787, § 1, 12-9-08)

These districts are composed of areas containing mostly one-family detached and townhouse residential developments. It is intended to encourage innovative planned residential developments of a higher density than in R-1 zones, while not restricting lower density developments entirely and while maintaining a suitable neighborhood environment for family life. To foster a suitable family environment the districts require certain minimum yard and area standards, allow certain nonresidential uses such as schools and playgrounds, and exclude all commercial uses.

(a)

Permitted uses. In R-1H Districts only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use.

Dwelling, cluster (according to provisions of section 12-2005).

Dwelling, one family.

Farming and truck gardening (need not be enclosed within a structure).

Home occupation (as in R-1 districts).

Name plate, not exceeding one square foot in area (need not be enclosed within structure).

Park or playground (public) including recreation center (need not be enclosed within structure).

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, water disposal, fire and police protection, and other public facilities, as not causing undue traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational buildings.

Fire station.

Golf course, but not including commercial miniature courses or commercial driving ranges (need not be enclosed within structure).

Library (public).

Mobile homes, Class A only.

Pipe line or electric transmission line (need not be enclosed within structure).

Railroad right-of-way, but not including shops, yards, and team tracks (need not be enclosed within structure).

Water storage (need not be enclosed within structure).

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article G governing special exceptions:

Bed and breakfast home.

Counseling home.

Electric substation or gas regulator station, need not be enclosed within structure, but must be enclosed within a brick or perforated brick wall at least eight (8) feet high and adequate to obstruct view and passage of persons or materials, provided that the substitution of other masonry materials or fencing material in lieu of brick may be approved by the planning commission as being equally satisfactory for meeting enclosure requirements.

Institution for children or the aged.

Hospital or sanitarium.

Mobile homes, Class B only.

Nursery, daycare, or kindergarten.

Respite care facility.

School, elementary and/or secondary, meeting all the requirements of the compulsory education laws of the state.

Telephone exchange.

Water or sewage pumping station.

(b)

Building site area. Except as provided in article C (in the case of cluster home and townhouse developments specifically section 12-2005), the minimum building site area shall be:

For a one-family dwelling, seven thousand two hundred (7,200) square feet.

For electric substation, gas regulator station, water or sewage pumping station no minimum requirement.

For any other permitted use, ten thousand (10,000) square feet.

(c)

Building height limit. Except as provided in article C, no structure shall be erected or altered to exceed thirty-five (35) feet.

(d)

Yards required. Except as provided in article C (in the case of cluster home and townhouse developments specifically section 12-2005), the minimum dimensions of yards shall be:

Front yard, twenty-five (25) feet.

Side yard, five (5) feet.

Rear yard, twenty-five (25) feet.

(Ord. No. 2157, 8-12-86; Ord. No. 2643, § 2, 3-14-95; Ord. No. 4369, § 3, 5-10-16; Ord. No. 4794, § 2, 3-9-20)

This district is composed of land and structures occupied by or suitable for furnishing a range of retail goods, entertainment, cultural, and personal services required by the residents of the city and its greater trade area. The intent of the district's regulations is to encourage the close association of compatible and mutually beneficial uses and structures which (1) encourages preservation of the district's unique character, (2) promotes pedestrian oriented traffic patterns, (3) invites patrons from beyond the district's boundaries, (4) discourages uses and structures deemed harmful to the overall prosperity of the district's residents and businesses, and (5) otherwise seeks to accomplish the goals of the downtown action plan as adopted by the city, including any amendments to said plan as may be, from time to time, adopted.

(a)

Permitted uses: In the B-4 Downtown development district, only the following uses are allowed, subject to the limitations of subsections (b) and (c) of this section.

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Amusements, commercial (indoor).

Antique store.

Apothecary (limited to the sale of pharmaceuticals and medical supplies).

Apparel and accessory store.

Appliance store.

Art gallery or museum.

Auditorium, used for public gatherings, speeches, or state performance.

Bakery, retail.

Bank.

Barber shop or beauty shop.

Bed and breakfast home (second floor).

Bicycle sales and repair.

Book store.

Camera and photographic supplies store.

Candy, nut and confectionery store.

Catering shop.

Cigar cafe.

City hall, court house, federal building, post office.

Clinic, dental or medical.

Club or lodge (private).

Dairy products sales (retail).

Day care facility for children.

Delicatessen.

Department store (limited to sale of items which may be sold by any other use permitted in this district).

Drug store.

Dry goods store.

Dwelling, condominium (second floor).

Dwelling, multiple family (second floor).

Dwelling, one family (second floor).

Dwelling, two-family (second floor).

Floor covering sales.

Floral shop.

Food vendor (on street, licensed).

Furniture store, retail.

Gift shop.

Grocery store, retail.

Hardware store, retail.

Health/fitness facility.

Health food store.

Hobby supply store.

Home occupation (second floor).

Hotel, motel, tourist home (for transient occupancy).

Ice cream store.

Interior decorating service.

Jewelry store.

Laundry and/or dry cleaning pick-up station.

Library, museum.

Loan office.

Music store.

Newsstand.

Office.

Office equipment and supplies, retail.

Optician/optical.

Park or playground, public.

Pet store.

Picture framing.

Post office or parcel service.

Printing, publishing and duplicating.

Record shop.

Reducing salon.

Restaurant.

Shoe repair shop.

Shoe store, retail.

Sporting goods store (retail).

Studio for professional work or teaching or any form of fine arts, photography, music, drama, dance.

Tailor shop.

Tavern, wineries, brew pub, live entertainment with or without alcoholic beverages.

Theater, indoor.

Toy store.

Variety store.

Venue center.

Video productions studio.

Water or sewage pumping station.

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of location and site plan by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational building.

Marina or other floating commercial activity.

Pipe line or electric transmission line (need not be enclosed within structure).

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure).

Other uses added from time to time, which are deemed appropriate by the planning commission and approved by the board of alderman.

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess unique or special characteristics that each specific use shall be considered in an individual case and shall be subject to approval of the board of adjustments in accordance with the provisions of article G governing special exceptions:

Accessory uses.

Business incubator (includes small manufacturing or assembly operations not exceeding one thousand two hundred (1,200) square feet in size).

Fee-charged parking lots (privately owned).

Furniture refinishing, repair, re-upholstery.

Recreational vehicle park.

Small business development center.

(b)

Building site area requirements:

(1)

Building site area. The minimum building site area shall be three thousand (3,000) square feet. Building exterior plans must be approved by historic preservation commission.

(2)

Building height limit. Except as provided in section 12-5023, no structure shall be erected or altered to exceed one hundred (100) feet in height.

(3)

Yards required. Except as provided in subsections (c)(2)b.(ii) and (c)(2)f., below, no yards are required. If yard is planned, proper landscaping shall be presented and approved by historic preservation commission.

(4)

The requirements of section 12-5044 concerning required off-street parking are waived in the downtown development district.

(5)

Building will be required to have all utilities to structure underground.

(c)

District structural regulations.

(1)

Purpose.

a.

Blank walls on the ground-floor level are limited:

1.

To encourage continuity of retail and consumer service uses;

2.

To encourage retail and commercial activities at street level;

3.

To provide a pleasant, rich, and diverse experience for pedestrians by visually connecting activities occurring within a structure to adjacent sidewalk areas;

4.

To enhance crime prevention by increasing opportunities for surveillance of the street from the interiors of buildings and vice versa;

5.

To restrict unpleasant, blank-wall facades at the street level;

6.

And to avoid a monotonous environment.

b.

Building setbacks, shapes, and bulk are regulated to encourage a harmonious association of compatible buildings.

(2)

Standards.

a.

Transparency requirements.

1.

At least fifty (50) percent of the length and at least twenty-five (25) percent of the area of ground level exterior walls abutting sidewalks, plazas, or other public open spaces or rights-of-way must be devoted to windows affording views into retail, office, or lobby space, pedestrian entrances, or retail display windows.

2.

This limitation on blank walls does not apply to sides of buildings having residential units located adjacent to the exterior ground-floor wall.

3.

Buildings having less than fifty (50) percent of their ground-level floor area in retail, office, or lobby use.

(i)

Where a building contains other active uses found by the planning commission to be of visual interest to the pedestrian, windows affording views of that active use may be provided as an alternative to subsection (2)a.1. above. Examples of such uses are pressrooms, classrooms, kitchens, or manufacturing processes. Parking areas, truck loading areas, vehicular accessways, and storage areas are not to be considered active uses.

(ii)

Artwork such as murals or reliefs may be substituted to meet the requirements of subsection (2)a.1, above, if the proposed artwork is found by the planning commission to meet the intent of this section. Artwork and displays relating to activities occurring within the building or historical subjects relating to the downtown area are encouraged.

b.

Building setback limitations.

1.

Along a street or pedestrian right-of-way, building walls must extend to the right-of-way line for at least seventy-five (75) percent of said line.

2.

As an alternative to b.1., walls may extend to within twelve (12) feet of said line with the remaining space between the building and line designed as an extension of the sidewalk and committed to active uses including, but not limited to, sidewalk cafes, vendors' stands, public art, or pedestrian rest areas with street furniture.

3.

Alleys unusable by the public for pedestrian access may not be created between buildings.

c.

Exterior design compatibility (existing development).

1.

Every reasonable effort shall be made to provide a compatible use for an existing building which requires minimal alteration of the building, structure, or site and its intended purpose.

2.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3.

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier or later appearance shall be discouraged.

4.

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5.

Distinctive stylistic features or examples of skilled craftsmanship which characterize abuilding, structure, or site shall be treated with sensitivity.

6.

Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

9.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

10.

Whenever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

d.

New development or additions. Any new or existing building, structure, and appurtenances thereof, that is moved, reconstructed, materially altered, or expanded shall be visually compatible with buildings, public ways, and places to which it is visually related in terms of the following characteristics:

1.

Its height; the relationship of width to height of its elevation; the relationship of width to height of its windows; the number, frequency and intervals of its windows, doors, and other appurtenances; the relationship of solids to voids on its exterior facades;

2.

Its relationship to any open space between it and adjoining buildings or structures; the relationship of its entrances and other projections to sidewalks, the relationships of the materials, textures, and colors of its facade;

3.

The shape of its roof line; the bulk and arrangement of associated walls, fences, landscape masses, entryways, signs, awnings, porches, and balconies;

4.

And its directional orientation, whether this be vertical, horizontal, or nondirectional;

e.

Balconies and awnings.Only cloth awnings or banners shall project into rights-of-way, alleys, or other public accessways; however, the planning commission may approve balconies that encroach into public rights-of-way provided the design of such a balcony does not violate the requirements of subsection (d)(2)c. of this section.

f.

Waterfront development regulations.

1.

Purpose. Waterfront development regulations are intended to assure both frequent views of the river and physical access to the river and its activities.

2.

Standards.

(i)

For purposes of this section, waterfront development is that development in the downtown development district which is within three hundred (300) feet of the Ouachita River's edge at its mean high-water mark.

(ii)

The minimum setbacks from property lines shall be twenty (20) feet.

(iii)

As an alternative to meeting the minimum setbacks, thirty (30) percent of a developed parcel of land may be dedicated for exclusively pedestrian circulation from Riverfront and Commerce Streets to the water's edge, said pedestrian access areas to be landscaped and provided with street furniture or other amenities.

(iv)

Waterfront property shall not be utilized for vehicular parking except when associated with residential uses.

(3)

Compliance.

a.

Notwithstanding the requirements of subsection 12-505l(f), district structural regulations in this section shall apply to all new construction and all major remodeling projects in the downtown development district.

b.

A major remodeling project is any remodeling or reconstruction where the building floor area is being increased by fifteen (15) percent or more or when the cost of the remodeling is greater than fifty (50) percent of the fair market value of the existing improvements on the site (fair market value for purposes of this provision being defined as that value used to calculate the assessed value of the site on the assessment rolls of the city for the most recent year).

c.

Multiple remodeling projects undertaken over a period of five (5) years or less where the cumulative effect is to accomplish a major remodeling shall be considered a major remodeling project for purposes of this section.

(Ord. No. 2427, § 2, 7-9-91; Ord. No. 2643, § 3, 3-14-95; Ord. No. 2761, § 1, 6-11-96; Ord. No. 3026, § 1, 7-13-99; Ord. No. 3724, § 1, 2-12-08; Ord. No. 4035, § 1, 12-13-11; Ord. No. 4629, § 1, 1-8-19; Ord. No. 4637, § 1, 2-12-19)

The intent of the district's regulations is to encourage the close association of compatible and mutually beneficial uses and structures which (1) encourages preservation of the district's unique character, (2) promotes pedestrian oriented traffic patterns, (3) invites patrons from beyond the district's boundaries, (4) discourages uses and structures deemed harmful to the overall prosperity of the district's residents and businesses, and (5) operate with a regular schedule of daytime open hours minimum of twenty-four (24) hours per week, and (6) otherwise seeks to accomplish the goals of the downtown action plan as adopted by the city, including any amendments to said plan as may be, from time to time, adopted.

(a)

Permitted uses: In the CB-4 Central Downtown development district, only the following higher level pedestrian attractors and use are allowed, subject to limitations.

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified.

Amusements, commercial (indoor).

Antique store.

Apparel and accessory store.

Appliance store.

Apothecary (limited to the sale of pharmaceuticals and medical supplies).

Art gallery or museum.

Bakery, retail.

Barber shop or beauty shop.

Book store.

Bicycle sales and repair.

Camera and photographic supplies store.

Candy, nut and confectionery store.

Cigar cafe.

City hall, court house, federal building, post office.

Dairy products sales (retail).

Delicatessen.

Department store (limited to sale of items which may be sold by any other use permitted in this district).

Drug store.

Dry goods store.

Dwelling, condominium (second floor).

Dwelling, multiple family (second floor).

Dwelling, one family (second floor).

Dwelling, two-family (second floor).

Floor covering sales.

Food vendor (on street, licensed).

Furniture store, retail.

Gift shop.

Grocery store, retail, hardware store, retail.

Health food store.

Hobby supply store.

Home occupation (second floor).

Hotel, motel, tourist home (for transient occupancy).

Ice cream store.

Jewelry store.

Laundry and/or dry cleaning pick-up station.

Music store.

Newsstand.

Office (second floor).

Office equipment and supplies, retail.

Park or playground, public.

Pet store.

Picture framing.

Post office or parcel service.

Record shop.

Restaurant.

Shoe store, retail.

Sporting goods store (retail).

Tavern, wineries, brew pub, live entertainment with or without alcoholic beverages.

Theater, indoor.

Toy store.

Variety store.

(2)

Uses requiring planning approval.

a.

The uses listed below are permitted upon approval by the planning commission that the business plan and intended operation of the business, as well as its continuing operations, comply with the intent of the district's regulations, which are to encourage the close association of compatible and mutually beneficial uses and structures which (1) encourages preservation of the district's unique character, (2) promotes pedestrian oriented traffic patterns, (3) invites patrons from beyond the district's boundaries, (4) discourages uses and structures deemed harmful to the overall prosperity of the district's residents and businesses, and (5) operate with a regular schedule of daytime open hours minimum of twenty-four (24) hours per week, and (6) otherwise seeks to accomplish the goals of the downtown action plan as adopted by the city:

Photography studio.

b.

The uses listed below are permitted upon approval of location and site plan by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational building.

Pipe line or electric transmission line (need not be enclosed within structure).

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure).

Other uses added from time to time, which are deemed appropriate by the planning commission and approved by the board of aldermen.

(b)

Building site area requirements:

(1)

Building site area. The minimum building site area shall be three thousand (3,000) square feet. Building exterior plans must be approved by the historic preservation commission.

(2)

Building height limit. Except as provided in section 12-5023, no structure shall be erected or altered to exceed one hundred (100) feet in height.

(3)

Yards required. Except as provided in subsections (d)(2)b.(ii) and (d)(2)f., below, no yards are required. If yard is planned, proper landscaping shall be presented and approved by the historic preservation commission.

(4)

The requirements of section 12-5044 concerning required off-street parking are waived in the downtown development district.

(5)

Building will be required to have all utilities to structure underground.

(c)

District structural regulations:

(1)

Purpose.

a.

Blank walls on the ground-floor level are limited:

1.

To encourage continuity of retail and consumer service uses;

2.

To encourage retail and commercial activities at street level;

3.

To provide a pleasant, rich, and diverse experience for pedestrians by visually connecting activities occurring within a structure to adjacent sidewalk areas;

4.

To enhance crime prevention by increasing opportunities for surveillance of the street from the interiors of buildings and vice versa;

5.

To restrict unpleasant, blank-wall facades at the street level;

6.

And to avoid a monotonous environment.

b.

Building setbacks, shapes, and bulk are regulated to encourage a harmonious association of compatible buildings.

(2)

Standards.

a.

Transparency requirements.

1.

At least fifty (50) percent of the length and at least twenty-five (25) percent of the area of ground level exterior walls abutting sidewalks, plazas, or other public open spaces or rights-of-way must be devoted to windows affording views into retail, office, or lobby space, pedestrian entrances, or retail display windows.

2.

This limitation on blank walls does not apply to sides of buildings having residential units located adjacent to the exterior ground-floor wall.

3.

Buildings having less than fifty (50) percent of their ground-level floor area in retail, office, or lobby use:

(i)

Where a building contains other active uses found by the planning commission to be of visual interest to the pedestrian, window; affording views of that active use may be provided as an alternative to subsection (2)a.l. above. Examples of such uses are pressrooms, classrooms, kitchens, or manufacturing processes. Parking areas, truck loading areas, vehicular accessways, and storage areas are not to be considered active uses.

(ii)

Artwork such as murals or reliefs may be substituted to meet the requirements of subsection (2)a.l, above, if the proposed artwork is found by the planning commission to meet the intent of this section. Artwork and displays relating to activities occurring within the building or historical subjects relating to the downtown area are encouraged.

b.

Building setback limitations.

1.

Along a street or pedestrian right-of-way, building walls must extend to the right-of-way line for at least seventy-five (75) percent of said line.

2.

As an alternative to b.1., walls may extend to within twelve (12) feet of said line with the remaining space between the building and line designed as an extension of the sidewalk and committed to active uses including, but not limited to, sidewalk cafes, vendors' stands, public art, or pedestrian rest areas with street furniture.

3.

Alleys unusable by the public for pedestrian access may not be created between buildings.

c.

Exterior design compatibility (existing development).

1.

Every reasonable effort shall be made to provide a compatible use for an existing building which requires minimal alteration of the building, structure, or site and its intended purpose.

2.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3.

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier or later appearance shall be discouraged.

4.

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6.

Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features; substantiated by historic, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be_ undertaken.

8.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

9.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property; neighborhood, or environment.

10.

Whenever possible new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

d.

New development or additions. Any new or existing building, structure, and appurtenances thereof, that is moved, reconstructed, materially altered, or expanded shall be visually compatible with buildings, public ways, and places to which it is visually related in terms of the following characteristics:

1.

Its height; the relationship of width to height of its elevation; the relationship of width to height of its windows; the number; frequency and intervals of its windows, doors, and other appurtenances; the relationship of solids to voids on its exterior facades;

2.

Its relationship to any open space between it and adjoining buildings or structures; the relationship of its entrances and other projections to sidewalks, the relationships of the materials; textures, and colors of its facade;

3.

The shape of its roof line; the bulk and arrangement of associated walls, fences, landscape masses, entryways, signs, awnings; porches, and balconies;

4.

And its directional orientation, whether this be vertical, horizontal, or nondirectional.

e.

Balconies and awnings. Only cloth awnings or banners shall project into rights-of-way, alleys, or other public accessways; however, the planning commission may approve balconies that encroach into public rights-of-way provided the design of such a balcony does not violate the requirements of subsection (d)(2)c. of this section.

f.

Waterfront development regulations.

1.

Purpose. Waterfront development regulations are intended to assure both frequent views of the river and physical access to the river and its activities.

2.

Standards.

(i)

For purposes of this section, waterfront development is that development in the downtown development district which is within three hundred (300) feet of the Ouachita River's edge at its mean high-water mark.

(ii)

The minimum setbacks from property lines shall be twenty (20) feet.

(iii)

As an alternative to meeting the minimum setbacks, thirty (30) percent of a developed parcel of land may be dedicated for exclusively pedestrian circulation from Riverfront and Commerce Streets to the water's edge, said pedestrian access areas to be landscaped and provided with street furniture or other amenities.

(iv)

Waterfront property shall not be utilized for vehicular parking except when associated with residential uses.

(3)

Compliance.

a.

Notwithstanding the requirements of section 12-5051(f), district structural regulations in this section shall apply to all new construction and all major remodeling projects in the downtown development district.

b.

A major remodeling project is any remodeling or reconstruction where the building floor area is being increased by fifteen (15) percent or more or when the cost of the remodeling is greater than fifty (50) percent of the fair market value of the existing improvements on the site (fair market value for purposes of this provision being defined as that value used to calculate the assessed value of the site on the assessment rolls of the city for the most recent year).

c.

Multiple remodeling projects undertaken over a period of five (5) years or less where the cumulative effect is to accomplish a major remodeling shall be considered a major remodeling project for purposes of this section

(Ord. No. 4638, § 1, 2-12-19; Ord. No. 4911, § 1, 6-8-21)