The specific district regulations are set out in sections 58-166 through 58-171.

(Code 1992, § 180-5.1)

(a)

Permitted uses. Uses permitted in the OS district shall be as follows:

(1)

Public and civic—Parks and recreation, schools, religious assembly and associated uses, and municipal public works.

(2)

Agricultural—Farms and tree and plant nurseries.

(3)

Wireless telecommunication facilities—Co-location on existing municipal-owned structures only.

(4)

Customary accessory uses and buildings incidental to any of the above-permitted uses.

(b)

Required lot and yard dimensions.

(1)

Required lot area, lot width and yards in the open space district shall be as follows:

(2)

For structures higher than 25 feet, the yard requirements shall be as follows:

All yards. Between the foundation and the nearest lot line a distance of 2½ times the height of the structure shall be maintained.

(Code 1992, § 180-5.2)

(a)

Permitted uses.

(1)

Uses permitted in the R-1 district shall be as follows:

a.

Residential (household): single-family detached dwellings.

b.

Public and civic: schools, day care, cultural exhibits, parks and recreation, postal service, public safety services, religious assembly, and public buildings of a cultural, administrative or public service nature.

c.

Customary accessory uses and buildings incidental to any of the above-permitted uses, including home occupations, pursuant to section 58-97.

(2)

Uses permitted in the R-2 district shall be as follows:

a.

Residential (household): single-family detached, single-family attached and multi-family dwellings.

b.

Public and civic: schools, day care, cultural exhibits, parks and recreation, postal service, public safety services, religious assembly, and public buildings of a cultural, administrative or public service nature.

c.

Customary accessory uses and buildings incidental to any of the above-permitted uses, including home occupations, pursuant to section 58-97.

(b)

Required lot and yard dimensions. Required lot area, lot width and yards in the residential districts shall be as follows:

(c)

Townhouse development standards.

(1)

There shall be no more than eight and no less than three townhouses in a row.

(2)

The end units shall have a minimum side yard setback of ten feet. When an end unit abuts a street, the side yard setback shall be a minimum of 25 feet.

(3)

Off-street parking is provided in accordance with the provisions in section 58-94(3) in the side or rear yard.

(4)

All townhouse developments shall incorporate as necessary on-site improvements to include lighting, sidewalks, fire lanes, signage, landscaping, dumpster, recycling and recreational facilities to meet the needs of the development. The planning commission must approve the location and extent of all on-site improvements.

(d)

Multifamily development standards.

(1)

Off-street parking is provided in accordance with the provisions in section 58-94(b)(3) in the side or rear yard.

(2)

All multifamily developments shall incorporate as necessary on-site improvements to include lighting, sidewalks, fire lanes, signing, landscaping, dumpster, recycling and recreational facilities to meet the needs of the development. The planning commission must approve the location and extent of all on-site improvements.

(e)

Height regulations. No building will exceed three stories or 35 feet in height in the residential districts.

(f)

Front yard modification. Front yard modification for existing building alignment. In any residential district, the front yard setback may be reduced to the average front yard depths of existing dwellings on adjoining lots on each side. If there are no such adjoining dwellings then the nearest dwellings on the same side of the street within 200 feet shall be used.

(g)

Homeowners association.

(1)

In any residential development where common open space is planned, a homes association shall be established according to federal housing administration standards to improve, operate and maintain the common facilities.

(2)

Exceptions. The burgess and commissioners may accept dedication of recreation and/or open space areas in the absence of a homes association, provided that there is 20,000 square feet of contiguous land area, which is usable for such purposes, to be determined by the burgess and commissioners.

(h)

Elderly accessible dwelling (R-1 district).

(1)

The board of appeals shall make a finding regarding the following guidelines:

a.

The proposed use will not produce adverse effects on the existing or proposed development of the surrounding area because of noise, traffic, type of physical activity, or any other reason.

b.

The site is reasonably well protected from excessive noise, air pollution and other harmful physical influences.

(2)

The following development standards shall apply:

a.

Maximum density shall be one unit per 5,000 square feet of lot area. One and one-half off-street parking spaces shall be provided per unit.

b.

Attached units shall not exceed clusters of six units.

c.

Units shall not exceed one story above ground.

d.

Minimum yard requirements in the R-1 zone shall apply.

e.

Site plan approval is required.

f.

Minimum lot area shall be three acres.

g.

Maximum lot area shall be five acres.

h.

Ancillary facilities such as a dining room, community room, or laundry facility may be permitted in a separate structure from the residential dwellings.

(Code 1992, § 180-5.3; Ord. of 9-13-1993)

(a)

Permitted uses. Uses permitted in the NMX district shall be as follows:

(1)

Residential, household: single-family and multi-family dwellings.

(2)

Residential, group living: assisted living; group home; and nursing home uses that are similar in size, facilities and occupancy to other residential uses permitted in the district.

(3)

Public and civic: schools, cultural exhibits, day care, parks and recreation, postal service, public safety and essential services, religious assembly, and public buildings of a cultural, administrative or public service nature.

(4)

Commercial: animal services (veterinary offices, sales and grooming); artist/craftsman work or sales space (hand-tools only); restaurant; tavern; financial services; food and beverage retail sales; farm markets; medical service; office; personal service (including health clubs and gyms); consumer repair service (including bicycles); and general retail sales.

(b)

Required lot and yard dimensions. Required lot area, lot width and yards in the neighborhood mixed use district shall be as follows:

Notes:

(1) No side yard required when adjacent to other commercial lots. When adjacent to residential district: 20 feet.

(2) Yard requirements are measured from structure or parking area, whichever is closest to the lot line.

(c)

Height regulations. No building shall exceed three stories or 40 feet. Public and civic buildings may be granted increased height allowances for architectural features that signify the function or importance of the building to the community.

(d)

Site development and layout.

(1)

Multi-story buildings with commercial use(s) on the ground and lower floors and residential uses on the upper floor(s) are encouraged.

(2)

All principal structures shall be oriented to the most dominant adjacent public street.

(3)

No rear yards shall face main streets, avenues, or local roads.

(4)

Garage and service doors for commercial development shall not be oriented to the dominant adjacent public street, but to the rear and/or side of buildings allowing the principal face of the building to remain the dominant public street feature.

(5)

All equipment and supplies shall be stored, maintained and repaired outside of the front yard area.

(6)

No more than 70 percent of a parcel shall be occupied by buildings or structures.

(7)

At least ten percent of a non-commercial site shall be kept free of buildings, structures, hard surfacing, parking areas and other impervious surfaces.

(e)

Multiple principal structures on a single lot. Multiple principal structures on a single lot may be permitted within the NMX district through the site plan approval process when the commission specifically finds that the resulting development will provide an improved design that would not otherwise be created on multiple lots. In determining whether to allow development of multiple principal structures on a single lot the planning commission shall require:

(1)

Improved on-site and off-site traffic circulation for vehicles and pedestrians;

(2)

Building placement that provides for the concentration of service entrances, mechanical equipment, utilities and non-public facilities (i.e. refuse containers or outside storage) away from public access areas;

(3)

The provision of a common plaza/green area(s) (not including swimming pools or playgrounds) to be provided in addition to all other landscaping and setback requirements. The common plaza/green areas(s) shall be calculated at the following rate: 726 square feet common plaza/green area(s) per 2,000 square feet of gross floor area or portion thereof;

(4)

Joint use or shared parking resulting in a reduction in the number of required off-street parking spaces; and

(5)

A mix of integrated commercial and residential uses.

(Code 1992, § 180-5.4)

(a)

Permitted uses. Uses permitted in the central business district (CBD) shall be as follows:

(1)

Residential (household): single-family and multi-family dwellings.

(2)

Residential, group living: assisted living and group homes.

(3)

Public and civic: schools, cultural exhibits, day care, parks and recreation, postal service, public safety and essential services, religious assembly, and public buildings of a cultural, administrative or public service nature.

(4)

Commercial: animal services (veterinary offices, sales and grooming), artist/craftsman work or sales space (hand-tools only), commercial parking, restaurant, tavern, entertainment (1—149 seats) and commercial indoor recreation, financial services, food and beverage retail sales, lodging, medical service, office, personal service (including health clubs and gyms), consumer repair service (including bicycles), and general retail sales.

(b)

Required lot and yard dimensions. Required lot area, lot width and yards in the central business district shall be as follows:

Notes:

(1) No side yard required when adjacent to other commercial lots. When adjacent to residential district: 20 feet.

(2) Yard requirements are measured from structure or parking area, whichever is closest to the lot line.

(c)

Height regulations. No building shall exceed three stories or 40 feet. Public and civic buildings may be granted increased height allowances for architectural features that signify the function or importance of the building to the community.

(Code 1992, § 180-5.5)

(a)

Permitted uses. Uses permitted in the general commercial district (GC) shall be as follows:

(1)

Commercial: automobile service stations, convenience stores, lodging, and restaurants.

(2)

Public and civic: public safety and essential services.

(b)

Required lot and yard dimensions. Required lot area, lot width and yards in the general commercial district shall be as follows:

Notes:

(1) No side yard required when adjacent to other commercial lots. When adjacent to residential district: 20 feet.

(2) Yard requirements are measured from structure or parking area, whichever is closest to the lot line.

(c)

Height regulations. In the GC district, no building shall exceed three stories or 40 feet.

(Code 1992, § 180-5.6)

(a)

Permitted uses. Uses permitted in the industrial park (IP) district shall be as follows:

(1)

Manufacturing, research/development, science-oriented industry: uses of a light nature that are free from any objectionable odors, fumes, dirt, vibration or noise detectable at the lot line. Such uses shall not be established without an application for a zoning certificate which shall be accompanied by a certification by a registered engineer or architect indicating that fumes, odors, dirt, vibration or noise produced by the industry will not be detectable at the lot line.

(2)

Warehousing and storage: indoor and outdoor storage of goods and materials, including warehousing, building material storage, lumber yards and farm implement sales and service.

(3)

Automobile-related uses: provided, however, that auto wrecking, junk and other salvage storage are not permitted.

(4)

Wireless telecommunication facilities: co-location on existing municipal-owned structures.

(b)

Required lot and yard dimensions. Required lot area, lot width and yards in the industrial park district shall be as follows:

(c)

Lot coverage. The area covered by buildings and impervious surfaces shall be minimized to the greatest extent practicable; best practices for surface water management shall be required.

(d)

Landscaping.

(1)

Street trees shall be required as determined through site plan review.

(2)

A landscape buffer between parking lots and adjacent pathways and streets shall be required.

a.

The standard landscape buffer will be either a six-foot-wide planting strip with three feet of minimum vertical growth or a three to four-foot average height masonry wall or fence with a three-foot wide planting strip and two feet of minimum vertical growth.

b.

These requirements may be modified at site plan review.

(3)

Parking lots of ten or more spaces shall incorporate interior landscaping. At minimum five percent of the gross site area will be dedicated to interior landscaping to include shrub/tree plantings, grass swales, native plant gardens or other landscaping as required by the commission. Those parking lots with ten or fewer spaces are exempt.

(4)

A landscape buffer shall be required when industrial uses are adjacent to residential uses.

(e)

Special exceptions. Special exceptions requiring board of appeals approval shall be as follows:

(1)

Bulk storage of oil, petroleum, gasoline and similar flammable liquids and compressed gases, not to exceed 60,000 gallons total storage. Each individual container shall be located with respect to the nearest line of adjoining property as follows:

(2)

One dwelling unit co-located on the same parcel and associated with a permitted use (i.e. owner, caretaker).

(3)

Agricultural activities.

(4)

Public safety services and public buildings of a cultural, administrative or public service nature.

(5)

Accessory uses and buildings.

(6)

Any business enterprise of a similar nature, which does not cause undue noise, air pollution or traffic congestion, provided that all other requirements are met.

(Code 1992, § 180-5.7)