Whitesboro City Zoning Code

DISTRICTS

§ 154.020 AG AGRICULTURAL DISTRICT.

(A) General purpose and description. The Agricultural District is intended to apply to land situated on the fringe of an urban area, used for agricultural purposes, and which may become an urban area in the future. Therefore, the agricultural activities conducted in the Agricultural District should not be detrimental to urban land uses; intensity of use permitted in this district is intended to encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.

(B) Permitted uses. A building or premises in an AG Agricultural District shall be used only for the following purposes:

(1) Single-family dwellings in areas where said dwellings can be adequately served by city utilities or approved alternatives.

(2) Telephone exchange provided no public business and no repair or outside storage facilities are maintained; gas lines; and gas regulating stations.

(3) Temporary metal buildings of less than 600 square feet which are used for tool and supply storage.

(4) Riding academy or other equestrian related activities.

(5) Other uses as listed in Appendix 2 of this chapter.

(C) Permitted specific uses. The following specific uses shall be permitted in the Agricultural District, when granted in accordance with § 154.043:

(1) Hospitals for human care and veterinary hospitals of any kind provided that the hospital grounds shall be distant at least 200 feet from any residential district.

(2) Disposal of garbage and refuse, including sanitary landfills and sewage disposal by the county or city or their authorized agents, subject to health department approval.

(3) Utility stations and communications. Static transformer stations, booster stations, transmitters and utility stations, when operating requirements necessitate locating in the district; provided there is no yard or garage for service or storage, and provided further that the premises upon which utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood and not objectionable as to noise, odor, vibration or other disturbances.

(4) Radio and television transmitter tower.

(5) Essential services. Defined in § 154.004.

(6) Other uses as listed in Appendix 2 of this chapter.

(D) Accessory uses.

(1) Accessory buildings and structures clearly incidental to agricultural operations, including but not limited to barns, stables, equipment sheds, granaries, private garages, pump houses, and servant's quarters not for rent, provided that the total area of buildings and structures shall be limited to 10% of the gross land area of the tract.

(2) Temporary fruit stands on any premises used for agricultural purposes.

(3) Parking facilities. Garages, carports, or other parking spaces for the exclusive use of residents of the premises in accordance with § 154.044.

(4) Swimming pools.

(E) Height and area regulations. See Appendix 1 (area, setback, height, and coverage regulations).

(F) Parking regulations. Two covered spaces behind the front yard line for single-family dwelling units and HUD-code manufactured homes. Other off-street parking space regulations are set forth in § 154.025.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(Ord. 1249, passed 8- -25)

§ 154.021 SF-60 SINGLE-FAMILY RESIDENCE DISTRICT.

(A) General purpose and description. The SF-60 Single-Family Residential District is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses.

(B) Permitted uses. A building or premises in a SF-60 district shall be used only for the following purposes:

(1) Uses as listed in Appendix 2 of this chapter.

(C) Permitted specific uses. The following specific uses shall be permitted in a SF-60 district, when granted in accordance with § 154.043 of this chapter:

(1) Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college.

(2) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature when located in a substantial structure.

(3) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this chapter for dwellings and have a landscaped or masonry barrier on all sides. Buildings shall conform to all space limits of this zone and shall be of such exterior design as to harmonize with nearby properties.

(4) Public and quasi-public buildings for cultural use.

(5) Country clubs as defined herein.

(6) Uses as listed in Appendix 2 of this chapter.

(D) Height and area regulations. See Appendix 1 (area, setback, height, and coverage regulations).

(E) Parking regulations. Two enclosed spaces behind the front yard line for single-family dwelling units. Other off-street parking regulations are set forth in § 154.044.

(F) Permitted accessory uses.

(1) Home occupations.

(2) Private garages and parking areas.

(3) Private swimming pools exclusively for the use of residents of the premises and their nonpaying guests.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(Ord. 1249, passed 8- -25)

§ 154.022 SF-70 SINGLE-FAMILY RESIDENCE DISTRICT.

(A) General purpose and description. The SF-70 Single-Family Residential District is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses.

(B) Permitted uses. A building or premises in a SF-70 district shall be used only for the following purposes:

(1) Uses as listed in Appendix 2 of this chapter.

(C) Permitted specific uses. The following specific uses shall be permitted in a SF-70 district, when granted in accordance with § 154.043:

(2) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature when located in a substantial structure.

(4) Public and quasi-public buildings for cultural use.

(5) Country clubs as defined herein.

(6) Uses as listed in Appendix 2 of this chapter.

(D) Height and area regulations. See Appendix 1 (area, setback, height, and coverage regulations).

(E) Parking regulations. Two enclosed spaces behind the front yard line for single-family dwelling units. Other off-street parking regulations are set forth in § 154.044.

(F) Permitted accessory uses.

(1) Home occupations.

(2) Private garages and parking areas.

(3) Private swimming pools exclusively for the use of residents of the premises and their nonpaying guests.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(Ord. 1249, passed 8- -25)

§ 154.023 SF-80 SINGLE-FAMILY RESIDENCE DISTRICT.

(A) General purpose and description. The SF-80 Single-Family Residential District is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses.

(B) Permitted uses. A building or premises in a SF-80 district shall be used only for the following purposes:

(1) Uses as listed in Appendix 2 of this chapter.

(C) Permitted specific uses. The following specific uses shall be permitted in a SF-80 district, when granted in accordance with § 154.043 of this chapter:

(2) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature when located in a substantial structure.

(4) Public and quasi-public buildings for cultural use.

(5) Country clubs as defined herein.

(6) Uses as listed in Appendix 2 of this chapter.

(D) Height and area regulations. See Appendix 1 (area, setback, height, and coverage regulations).

(E) Parking regulations. Two enclosed spaces behind the front yard line for single-family dwelling units. Other off-street parking regulations are set forth in § 154.044.

(F) Permitted accessory uses.

(1) Home occupations.

(2) Private garages and parking areas.

(3) Private swimming pools exclusively for the use of residents of the premises and their nonpaying guests.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(Ord. 1249, passed 8- -25)

§ 154.024 SF-TH TOWNHOME DISTRICT.

(A) General purpose and description. This zone is designed to provide for a medium density residential environment of attached townhome units.

(B) Permitted uses.

(1) Residential buildings containing townhome units.

(2) Other uses as allowed in the TF zone.

(1) Specific uses shall be permitted in a SF-TH district, when granted in accordance with § 154.043, as listed in Appendix 2 of this chapter.

(2) Other uses as allowed in the TF zone.

(D) Height and area regulations.

(1) See Appendix 1 (area, setback, height, and coverage regulations).

(2) Minimum lot sizes for townhouses and zero lot line houses shall be 3,000 square feet per dwelling unit.

(3) Lot width for a lot containing multifamily, townhouse, or zero lot line units shall be not less than 20 feet per ground floor unit plus side yard requirements.

(4) Lot width for a lot containing other permitted uses shall be not less than 60 feet.

(E) Parking regulations. Two enclosed spaces behind the front yard line. Other off-street parking regulations are set forth in § 154.044.

(F) Permitted accessory uses. Other uses as allowed in the TF zone.

(G) Miscellaneous provisions.

(1) Rear entry off-street parking shall be provided for all uses established in this zone.

(2) Site plan approval shall be required prior to development.

(H) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(Ord. 1249, passed 8- -25)

§ 154.025 MH-1 MANUFACTURED HOME DISTRICT.

(A) General purpose and description. The Manufactured Home District is intended to provide for quality manufactured home subdivision development containing many of the characteristics and the atmosphere of a standard single-family subdivision.

(B) Permitted uses. A building or premises shall be used only for the purposes as listed in Appendix 2 of this chapter.

(C) Permitted specific uses. Specific uses shall be permitted in the MH-1 district, when granted in accordance with § 154.043, as listed in Appendix 2 of this chapter.

(D) Height and area regulations. See Appendix 1 (area, setback, height, and coverage regulations).

(E) Parking requirements. A minimum of two covered parking spaces shall be provided per unit behind the front yard line. Other off-street parking regulations are set forth in § 154.044.

(F) Additional restrictions applicable to MH-1 district.

(1) Manufactured housing design and construction will comply with construction and safety standards published by the Department of Housing and Urban Development pursuant to the requirements of the National Mobile Home and Safety Standards Act of 1974 and all manufactured homes will be subject to inspection by the building official.

(2) All manufactured homes shall be set on solid slab structure and/or 18" to 20" runners. Additional rooms and enclosed porches shall be constructed on a solid slab.

(3) Tie-downs will be required and will be secured prior to occupancy.

(4) Underpinning and skirting will be required and will be installed prior to occupancy.

(5) Accessory buildings will be either manufactured or constructed in accordance with city codes.

(6) All manufactured homes and modular homes shall comply with all regulations of the State of Texas and such regulations are hereby incorporated into this section.

(7) Only one primary structure per lot is permitted.

(8) No mobile home older than ten years is permitted to be brought in.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(Ord. 1249, passed 8- -25)

§ 154.026 MH-2 MANUFACTURED HOME PARK DISTRICT.

(A) General purpose and description. The manufactured home park district is intended to provide for quality mobile home park development and maintenance. Manufactured home parks are defined as tracts or units of land under sole ownership where lots are rented or leased as space to be used for placement of a manufactured home.

(B) Permitted uses. A building or lot shall be used only for the following purposes:

(1) Manufactured home park of not less than two nor more than ten acres in size.

(2) Uses normally accessory to a manufactured home park, including office and/or maintenance buildings for management and maintenance of the park only, recreation buildings and swimming pools, private clubs, laundry facilities, storage facilities, and recreation areas for use by the resident of the park.

(3) Other uses as listed in Appendix 2 of this chapter.

(C) Permitted specific uses. The following specific uses shall be permitted in the MH-2 district when granted in accordance with § 154.043:

(1) Boat, recreational vehicle, and/or travel trailer storage yard.

(2) Travel trailer and commercial overnight camping park.

(3) Other uses as listed in Appendix 2 of this chapter.

(D) Height and area regulations.

(1) See Appendix 1 (area, setback, height, and coverage regulations).

(2) The front setback shall be 25 feet where the car enters, and 20 feet on the opposite side.

(E) Parking requirements. Two spaces shall be provided per unit located on the lot plus additional spaces for accessory uses as required in § 154.044.

(F) Additional restrictions applicable to manufactured home park district.

(2) All manufactured homes shall be set on a solid slab structure and/or 18" to 20" runners. Additional rooms and enclosed porches shall be constructed on a solid slab.

(3) Tie-downs will be required and will be secured prior to occupancy.

(4) Underpinning and skirting will be required and will be installed prior to occupancy.

(5) Accessory buildings will be either manufactured or constructed in accordance with city codes.

(6) All manufactured homes and modular homes shall comply with all regulations of the State of Texas and such regulations are hereby incorporated into this section.

(7) Only one primary structure per lot is permitted.

(8) No mobile home older than ten years is permitted to be brought in.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(Ord. 1249, passed 8- -25)

§ 154.027 TF TWO-FAMILY RESIDENTIAL DISTRICT.

(A) General purpose and description. The TF One- and Two-Family Dwelling District is established to stabilize and protect characteristics of low-density residential areas. This district may be suitable as a buffer zone between single-family and higher intensity uses. Development in the TF district is limited primarily to single-family and two-family dwellings and certain community and recreational facilities to service residents of the district.

(B) Permitted uses. A building or premises shall be used only for the purposes as listed in Appendix 2 of this chapter.

(C) Permitted specific uses. Specific uses shall be permitted in the TF district, when granted in accordance with § 154.043, as listed in Appendix 2 of this chapter.

(D) Height and area regulations. See Appendix 1 (area, setback, height, and coverage regulations).

(E) Parking regulations. Off-street parking shall be provided in accordance with the requirements for uses set forth in § 154.044.

(F) Permitted accessory uses.

(1) Home occupations.

(2) Private garages and parking areas.

(3) Private swimming pools exclusively for the use of residents of the premises and their nonpaying guests.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(Ord. 1249, passed 8- -25)

§ 154.028 MF-1 MULTIPLE-FAMILY RESIDENTIAL - MEDIUM DENSITY.

(A) General purpose and description. The MF-1 district is established to meet the needs for medium density residential areas where such development is in concert with area aesthetics, is environmentally sound, is compatible to the neighborhood, and promotes the character of the community. The district is characterized by smaller scale buildings and extensive open space and landscaping. This district should not be located with frontage or direct access on major thoroughfares or with principal access to local residential streets. This district permits two-story apartments, fourplexes, and duplexes.

(B) Permitted uses. The following uses shall be permitted:

(1) Multiple-family dwellings and clustered multiple-family dwellings, which clustered in [or] multiple-family dwellings have a site plan approved by the Planning and Zoning Commission for the particular project in which they are proposed.

(2) Two-family dwelling units.

(3) Private schools: nursery, elementary, junior high, high school, vocational school and day-care centers.

(4) Churches, parish houses, convents.

(5) Country clubs, tennis courts, and such additional recreational uses as are for private recreation purposes or private club recreational purposes. Clubhouses and maintenance buildings shall be located not less than 200 feet from any adjacent lot in an adjoining residence district.

(6) Parks and playgrounds.

(7) Existing one-family dwelling units used as such on the effective date of this chapter.

(1) One-family dwelling units.

(2) Townhouses, condominiums.

(3) Uses as listed in Appendix 2 of this chapter.

(D) Height and area regulations.

(1) See Appendix 1 (area, setback, height, and coverage regulations).

(2) No lot containing multi-family units shall contain less than 10,000 square feet or 1,500 square feet per dwelling unit, whichever is greater.

(3) Minimum lot sizes for townhouses and zero lot line houses shall be 3,000 square feet per dwelling unit.

(4) Minimum lot sizes for all other permitted uses shall be 7,500 square feet or 1,500 square feet per living unit, whichever is greater.

(5) Lot width for a lot containing multi-family, townhouse, or zero lot line units shall be not less than 20 feet per ground floor unit plus side yard requirements.

(6) Lot width for a lot containing other permitted uses shall be not less than 60 feet.

(7) The height of any multi-family building sited on a lot adjacent to an area zoned for single-family dwellings or where single-family dwellings of one story in height exist shall be limited to one story for a distance of 60 feet from the single-family district boundary or the lot on which the single-family dwelling is located.

(8) When buildings exceed one story in height, an automatic sprinkler system shall be installed in accordance with existing fire codes and each unit shall have two points of entry or exit.

(E) Parking regulations. Two off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Other off-street parking spaces regulations are set forth in §§ 154.043 and 154.044.

(F) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(G) Refuse facilities. Every dwelling unit in a multi-family complex shall be located within 250 feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least six cubic yards of refuse container per 30 multi-family dwelling units. For complexes with less than 30 units, no less than four cubic yards of refuse container shall be provided. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.

(H) Screening fence. Border fencing of masonry construction of not less than eight feet in height shall be installed by the builder at the time of construction of any multi-family complex, along the property line on any perimeter not abutting a public street or right-of-way. This fence shall be maintained throughout the existence of the multi-family complex by the owner of the complex.

(I) Permitted accessory uses.

(1) Accessory uses customarily appurtenant to a permitted use, and accessory uses as permitted in the schedule of uses, Appendix 2.

(2) Athletic fields and playfields, noncommercial, including stadiums and grandstands.

(3) Temporary buildings for storage of building materials and equipment and construction purposes, when on the same or adjoining lot as the principal use, for a period not to exceed the duration of such construction.

(J) Miscellaneous provisions. The maximum density in this district shall be 12 units per acre.

(Ord. 1249, passed 8- -25)

§ 154.029 MF-2 MULTIPLE-FAMILY RESIDENTIAL - HIGH DENSITY.

(A) General purpose and description. High-density multiple-family zoning is primarily intended as the appropriate designation for lands suitable for higher impact development and higher volume traffic, while serving the residential needs for higher density living quarters. This district permits two-story apartments, fourplexes, and duplexes.

(B) Permitted uses. The following uses shall be permitted:

(1) Any use permitted in the MF-1 district.

(2) Libraries and museums.

(3) Hospitals, sanitariums, nursing homes, and personal care facilities.

(4) Other uses as listed in Appendix 2 of this chapter.

(1) Any use allowed as a specific use in the MF-1 district, except one-family dwelling units, unless permitted above.

(2) Medical and dental clinics.

(3) Offices for professional uses such as (without limitation due to enumeration) building contractors, doctors, chiropractors, dentists, attorneys, insurance, real estate, abstract and title, accountants, architects, brokers, engineers, designers, and psychologists.

(4) Other uses as listed in Appendix 2 of this chapter.

(D) Height and area regulations.

(1) See Appendix 1 (area, setback, height, and coverage regulations).

(2) No lot containing multifamily units shall contain less than 10,000 square feet or 1,500 square feet per dwelling unit, whichever is greater.

(3) Minimum lot sizes for townhouses and zero lot line houses shall be 3,000 square feet per dwelling unit.

(4) Minimum lot sizes for all other permitted uses shall be 7,500 square feet or 1,500 square feet per living unit, whichever is greater.

(5) Lot width for a lot containing multi-family, townhouses, or zero lot line units shall be 20 feet per ground floor unit plus side yard requirements.

(6) Lot width for a lot containing other permitted uses shall be not less than 60 feet.

(F) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(I) Special fire protection requirements.

(1) Whenever densities of greater than 15 units per acre are present or a building exceeds one story in height, each building in the development shall contain an automatic sprinkler system, to be installed at the time of construction and thereafter operated in accordance with currently applicable fire safety codes.

(2) In addition, each unit in any multi-story design, regardless of density, shall be provided with two points of entry and exit with each providing separate access to places of safety in the event of fire or other emergency.

(J) Miscellaneous provisions.

(1) Density in this district does not ordinarily exceed 15 units per gross acre but can reach a maximum of 25 units per gross acre if special fire protection requirements are observed (see division (I) of this section).

(2) The minimum separation of buildings shall conform to the distance requirements as specified in Appendix 1 (area, setback, height, and coverage regulations).

(3) If a side yard or rear yard is adjacent to a single-family residential district, there shall be a 25-foot setback and a 60-foot setback from the adjacent property line for buildings in excess of one story in height.

(4) Single-family construction in this district shall comply with the SF-60 district requirements.

(5) Duplex construction in this district shall comply with the TF district requirements.

(Ord. 1249, passed 8- -25)

§ 154.030 C-1 RESTRICTED COMMERCIAL DISTRICT.

(A) General purpose and description. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer.

(B) General regulations.

(1) Business uses above the ground floor are permitted on any floor above the ground floor except in those buildings where dwelling units are established.

(2) All business establishments shall be retail or service establishments which deal directly with the customers. All goods produced on the premises shall be sold to consumers only on the premises where produced.

(3) All business, servicing or processing, except for off-street parking, off-street loading, temporary display of merchandise such as garden, lawn, and recreational supplies and equipment for sale to the public, and automobile service station operation, shall be conducted within completely enclosed buildings.

(4) Parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this chapter, shall be limited to vehicles of not over 1-1/2 ton capacity when located within 150' of a residence district boundary line.

(C) Permitted uses. A building or premises shall be used only for the purposes/uses as listed in Appendix 2 of this chapter.

(D) Permitted specific uses. The following specific uses shall be permitted when granted in accordance with § 154.043:

(1) Hotels and motels, provided that the zoning lot shall be not less than one acre.

(2) Dwelling units, restricted to a total gross floor area of 5,000 square feet above the ground floor of a commercial building.

(3) Retail ice and dispensed water sales, provided that the ice and water are housed within a structure; that the structure is set back so that all portions of the structure are either even with or behind the average front building face of the primary structure(s) in the surrounding retail area; and that the entire structure be masonry.

(4) Other uses as may be permitted by the City Council.

(5) Uses as listed in Appendix 2 of this chapter.

(E) Height and area regulations.

(1) See Appendix 1 (area, setback, height, and coverage regulations).

(2) The front yard setback shall be 45 feet where parking is allowed in front of the building. Accessory buildings shall have a 60-foot front yard setback.

(3) No less than five feet is required between adjacent non-residentially zoned lots except that a side yard of not less than 15 feet in width shall be provided on the side of a lot adjoining a residential district even when separated by an alley. When adjacent to a residential district, even when separated by an alley, no windows shall be permitted above ten feet on the building sides facing such residential district. In addition, a masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on the nonresidential property adjacent to the common side property line.

(4) A rear yard of not less than ten feet is required between adjacent non-residentially zoned lots. A rear yard of not less than 25 feet is required where the lot is adjacent to a street or alley. A rear yard of not less than 25 feet or 20% of the depth of the lot, whichever is lesser, shall be provided upon that portion of a lot abutting a residential district.

(5) No building shall exceed the specified height, except cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms, which may project not more than 12 feet beyond maximum building height.

(F) Parking regulations. Off-street parking and loading shall be provided as set forth in § 154.044.

(G) Permitted accessory uses. Accessory uses customarily appurtenant to a permitted use, and accessory uses as permitted in the schedule of uses, Appendix 2 of this chapter.

(H) Miscellaneous provisions.

(1) Signs and illumination. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(2) Prior to any subdivision of a C-1 district, a conceptual site plan, which shall include all the land that existed in single ownership at the time of initial zoning, or at the time this provision became effective, whichever is later, shall be submitted for approval, according to this chapter, with consideration being given to this statement of intended development. Thenceforth, any development or subdivision of the property shall be consistent with an approved conceptual site plan, as originally approved or as may be subsequently amended and approved.

(3) When a non-residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten feet shall be provided on the nonresidential property. A masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line.

(Ord. 1249, passed 8- -25)

§ 154.031 C-2 GENERAL COMMERCIAL DISTRICT.

(A) Purpose. The C-2 district is established to accommodate those uses that are of city-wide and regional significance. Within this district are permitted retail, service, and office uses characteristic of retailing and wholesaling markets. This district is intended to accommodate commercial activities that cannot be accommodated in the C-1 Restricted Commercial District.

(B) Generally.

(1) All business, servicing or processing, except for off-street parking, off-street loading and automobile service station operation, shall be conducted within completely enclosed buildings except as otherwise provided.

(2) No use hereunder shall be permitted if said use entails storage or display of items for sale not enclosed by a building except for incidental display or sale of seasonal retail items and such incidental display shall be permitted only if it occupies no more than 5% of the total lot area.

(3) Accessory off-street parking is required for C-2 districts as provided in § 154.044.

(C) Permitted uses. A building or premises shall be used only for the purposes/uses as listed in Appendix 2 of this chapter.

(D) Specific uses. The following specific uses shall be permitted when granted in accordance with § 154.043:

(1) Specific uses in the C-2 district shall include:

(a) Any uses not specifically enumerated in § 154.035 that can be considered commercial in character.

(b) Machinery and equipment sales and service establishments for equipment under one and one-half ton gross weight.

(c) Retail ice and dispensed water sales, provided that the ice and water are housed within a structure; that the structure is set back so that all portions of the structure are either even with or behind the average front building face of the primary structure(s) in the surrounding retail area.

(E) Area, yard, height, and lot coverage requirements. See Appendix 1 (area, setback, height, and coverage regulations).

(F) Parking regulations. Off-street parking and loading shall be provided as set forth in § 154.044.

(G) Permitted accessory uses. Accessory uses customarily appurtenant to a permitted use, and accessory uses as permitted in the schedule of uses, Appendix 2 of this chapter.

(H) Screening. In the C-2 district, whenever a C-2 use abuts the SF-60, TF, MF-1, or MF-2 districts, a wall or fence of not less than six feet in height is required, subject to approval of construction plans by the Planning and Zoning Commission.

(Ord. 1249, passed 8- -25)

§ 154.032 CBRD CENTRAL BUSINESS REDEVELOPMENT DISTRICT.

(A) General purpose and description. The Central Business Redevelopment District is established to accommodate the unique characteristics of the historical center of the city and to ensure that future development in the CBRD is compatible with maintaining and redeveloping the economic and historic integrity of the area. The CBRD is designed to provide an area for shopping, dining, working, and entertainment which will remain active during evenings and weekends as well as standard work hours.

(B) Permitted uses.

(1) Other uses as listed in Appendix 2 of this chapter.

(2) Permitted specific uses.

(C) Specific permitted uses. The following specific uses shall be permitted in the CBRD, when granted in accordance with § 154.043:

(1) Broadcasting facilities, radio, television, or microwave towers.

(2) Automobile service station with associated minor automobile repair facility with floor space not greater than 2,500 square feet.

(3) Other uses as listed in Appendix 2 of this chapter.

(D) Height and area regulations.

(1) See Appendix 1 (area, setback, height, and coverage regulations).

(2) The front yard setback shall be 45 feet where parking is allowed in front of the building. Accessory buildings shall have a 60-foot front yard setback.

(3) No side yard is required between adjacent non-residentially zoned lots except that a side yard of not less than 15 feet in width shall be provided on the side of a lot adjoining a residential district even when separated by an alley. When adjacent to a residential district, even when separated by an alley, no windows shall be permitted above ten feet on the building sides facing such a residential district. In addition, a masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on the nonresidential property adjacent to the common side property line.

(4) No rear yard is required between adjacent non-residentially zoned lots. A rear yard of not less than 25 feet is required where the lot is adjacent to a street or alley. A rear yard of not less than 25 feet or 20% of the depth of the lot, whichever is lesser, shall be provided upon that portion of a lot abutting a residential district.

(E) Parking regulations. Off-street parking and loading shall be provided as set forth in § 154.044.

(F) Allowable external facade materials on commercial buildings. Commercial buildings in the CBD shall use only stone, brick, stucco, and wood or glass in the construction of the exterior facade that is visible to the public. No more than 20% of the facade shall be composed of wood or wood products, excluding doors, door frames, windows and window frames.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(H) Miscellaneous provisions. When a non-residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten feet shall be provided on the nonresidential property. A masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line.

(Ord. 1249, passed 8- -25)

§ 154.033 I-1 LIGHT INDUSTRIAL DISTRICT.

(A) General purpose and description. The I-1 district is established to accommodate those uses which are of a non-nuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purpose. Development in the I-1 district is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non-nuisance type.

(B) General regulations. Uses permitted in the I-1 district are subject to the following conditions:

(1) All business, servicing, or processing, except for off-street parking, off-street loading, display or merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed buildings unless otherwise indicated in this section.

(2) All storage within 100 feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than eight feet nor more than ten feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of such screen.

(1) Uses as permitted in the schedule of uses, Appendix 2 of this chapter.

(D) Permitted specific uses. Permitted specific uses in the I-1 district, when granted in accordance with § 154.043, are listed in the schedule of uses, Appendix 2 of this chapter.

(E) Height and area regulations.

(1) See Appendix 1 (area, setback, height, and coverage regulations).

(2) A 25-foot front yard is required except that a front yard of not less than 50 feet shall be provided upon that portion of a lot abutting or across a street or alley from property in a residential or commercial district.

(3) The specified side yard is required between adjacent lots zoned for manufacturing uses. A side yard of not less than 25 feet is required where the lot is adjacent to a street or alley. A side yard of not less than 25 feet shall be provided upon that portion of a lot abutting a district zoned for anything other than manufacturing uses.

(4) No rear yard is required between adjacent lots zoned for manufacturing uses. A side yard of not less than 25 feet is required where the lot is adjacent to a street or alley. A rear yard of not less than 25 feet shall be provided upon that portion of a lot abutting a district zoned for anything other than manufacturing uses.

(5) A building may be erected to a height of 80 feet if set back from all required yard lines a distance of one foot for each two feet of additional height above 45 feet. This requirement is in addition to all other relevant setback requirements.

(F) Parking regulations. Off-street parking requirements shall be provided in accordance with the specific uses set forth in § 154.044.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(H) Miscellaneous provisions. When a non-residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of 25 feet shall be provided on the nonresidential property. A masonry wall having a minimum height of eight feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line.

(Ord. 1249, passed 8- -25)

§ 154.034 PD PLANNED DEVELOPMENT DISTRICT.

(A) General purpose and description. The Planned Development District "PD" prefix is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this chapter is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility.

(B) Permitted uses. Any use specified in this chapter granting a Planned Development District shall be permitted in that district. The size, location, appearance, and method of operation may be specified to the extent necessary to ensure compliance with the purposes of this chapter.

(1) Development standards for each separate PD district shall be set forth in the ordinance granting the PD district and may include but shall not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council may deem appropriate.

(2) In the PD district, the particular district(s) to which uses specified in the PD are most similar shall be stated in the granting ordinance. All PD applications shall list all requested variances from the standard requirements set forth throughout this chapter (applications without this list will be considered incomplete).

(3) The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of variances in each district or districts and a general statement citing the reason for the PD request.

(4) The Planned Development District shall conform to all other sections of the ordinance and this chapter unless specifically exempted in the granting ordinance.

(D) Conceptual and development plans. In establishing a Planned Development District, the City Council shall approve and file as part of the amending ordinance appropriate plans and standards for each Planned Development District. During the review and public hearing process, the shall require a conceptual plan and a development plan (or detail site plan).

(1) Conceptual plan. The applicant shall submit this plan. The plan shall show the applicant's intent for the use of the land within the proposed planned development district in a graphic manner and shall be supported by written documentation of proposals and standards for development.

(a) A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lotting arrangements. For residential development which does not propose platted lots, the conceptual plan shall set forth the size, type, and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data.

(b) A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the City Council, may include but is not limited to the types of use(s), topography, and boundary of the PD area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building heights and locations, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final development plan.

(c) Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height, or coverage of the site and which do not decrease the off-street parking ratio, reduce the yards provided at the boundary of the site, or significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the building official or his or her designated representative. If an agreement cannot be reached regarding whether or not a detail site plan conforms to the original concept plan, the City Council shall determine the conformity.

(2) Development plan or detailed site plan. This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the conceptual plan. Approval of the development plan shall be the basis for issuance of a building permit. The development plan may be submitted for the total area of the PD or for any section or part as approved on the conceptual plan. The development plan must be approved by the City Council. A public hearing on approval of the development plan shall be required at the Council level, unless such a hearing is waived pursuant to division (D)(3)(a) of this section at the time of conceptual plan approval in the original amending ordinance. The development plan shall include:

(a) A site inventory analysis including a scale drawing showing existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any flood prone areas.

(b) A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour interval of not more than five feet.

(c) A site plan for proposed building complexes showing the location of separate buildings, and between buildings and property lines, street lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking.

(d) A landscape plan showing screening walls, ornamental planting, wooded areas, and trees to be planted.

(e) An architectural plan showing elevations and signage style to be used throughout the development in all districts except single-family and two-family may be required by the City Council if deemed appropriate. Any or all of the required information may be incorporated on a single drawing if such drawing is clear and can be evaluated by the building official or his or her designated representative.

(3) Procedure for establishment. The procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in this chapter. This procedure is expanded as follows for approval of conceptual and development plans.

(a) Separate public hearings shall be held by the City Council for the approval of the conceptual plan and the development plan or any section of the development plan, unless such requirement is waived by the City Council upon a determination that a single public hearing is adequate. A single public hearing is adequate when:

1. The applicant submits adequate data with the request for the Planned Development District to fulfill the requirements for both plans; or

2. Information on the concept plan is sufficient to determine the appropriate use of the land and the detail site plan will not deviate substantially from it; and

3. The requirement is waived at the time the amending ordinance is approved. If the requirement is waived, the conditions shall be specifically stated in the amending ordinance.

(b) The ordinance establishing the Planned Development District shall not be approved until the conceptual plan is approved.

(c) The development plan may be approved in sections. When the plan is approved in sections, the separate approvals by the for the initial and subsequent sections will be required.

(d) An initial development plan shall be submitted for approval within six months from the approval of the conceptual plan or some portion of the conceptual plan. If the development plan is not submitted within six months, the conceptual plan is subject to reapproval by the City Council. If the entire project is not completed within two years, the City Council may review the original conceptual plan to ensure its continued validity.

(e) Regardless of whether the public hearing is waived for the development plan, approval by the City Council is still required.

(E) Written report may be required. When a PD is being considered, a written report may be requested of the applicant discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic. Written comments from the applicable public school district and from private utilities may be submitted to the City Council.

(F) Planned developments to be recorded. All planned development districts approved in accordance with the provisions of this chapter in its original form, or by subsequent amendment thereto, shall be referenced on the zoning district map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained on the city's website.

(G) Signs. Signs in this district shall comply with the requirements of the city sign ordinance (as amended).

(Ord. 1249, passed 8- -25)

§ 154.035 FP FLOODPLAIN DISTRICT.

(A) Floodplain prefix to district designation.

(1) The FP prefix designation constitutes a zoning overlay district, and the addition or removal of the FP prefix constitutes zoning action requiring due process provided under state law. Further public notice to all downstream property owners within the city with like FP zoning is required prior to any such zoning action.

(2) To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard and to promote the health, safety and general welfare of the community, portions of certain districts are designated with a floodplain prefix FP and shall be subject to the following provisions.

(B) Permitted uses.

(1) In this district no land shall be used except for one or more of the following permitted uses to the extent that they are not prohibited by other regulations or ordinances and provided that such uses do not require above-ground structures, filling or storage of material or equipment except as herein specifically authorized.

(a) Agricultural activities including the ordinary cultivation of land or legal farms of animal husbandry.

(b) Electrical substation.

(c) All types of local utilities, including but not limited to water distribution and wastewater collection systems, water and waste and wastewater treatment facilities and water quality/monitoring stations or other structures required to provide water and sewerage, telephone, gas and electrical services.

(d) Parks, community centers, playgrounds, public golf courses.

(e) Private commercial open area amusements such as golf courses, driving ranges, archery courses and similar uses when approved by conditional use zoning action.

(f) Facilities that would warrant no flood protection, such as accessory private open space in conjunction with commercial or residential development, community unit recreational areas or recreation developments.

(g) Parking areas associated with a part of contiguous land use.

(2) No building or structure shall be erected in that portion of a district designated with a floodplain FP prefix other than those listed in this section.

(3) There shall be no dumping, excavation, storage or filling operations within that portion of a district having a floodplain FP prefix designation except under conditions of this chapter and any city ordinances that may be relevant to this issue.

(C) Conditions for adding FP prefix designation. The City Council may, after a public hearing, amend the zoning classification of any property by adding the floodplain FP prefix designation based on hydraulic engineering studies indicating new boundaries of the area that is subject to inundation by floodwaters. The City Council shall provide for the addition of such floodplain FP prefix designation to the zoning district maps.

(D) Conditions for removal of FP prefix designation. The City Council, in considering and determining its recommendation relative to any application for the removal of the floodplain FP prefix designation, shall require the applicant to furnish to the administrator fill and development plans (hydraulic calculations concerning maximum high water and flow rates and their effect on abutting, lateral, and downstream properties), and data concerning the operation, location, function and characteristics of any use of land or building proposed. The application will not be scheduled for public hearing until the City Engineer certifies information furnished is adequate for review and comment as required in this section.

(Ord. 1249, passed 8- -25)