Woodward City Zoning Code

DISTRICTS

154.014: DISTRICTS ESTABLISHED; ZONING MAP:

A. Districts Established: For the purpose of this chapter, the following districts are hereby established for the City:

Agricultural districts:

A-1 General Agricultural District

A-2 Suburban District

A-3 Residential Estates District

Residential districts:

R-1 Single-Family Dwelling District

R-2 General Residential District

R-3 General Residential District

R-4 General Residential District

CH Residential Cluster Housing District

Commercial districts:

C-M Commercial Medical Office District

C-O Commercial Office District

C-1 Neighborhood Shopping District

C-2 General Commercial District

Industrial districts:

I-1 Restricted Manufacturing and Wholesale District

I-2 General Industrial District

I-3 Industrial District

Other:

PUD Planned Unit Development District

B. Zoning Map: The City is hereby divided into districts as shown on the zoning map filed with the City Clerk. The zoning map and all of the explanatory material thereon is hereby made a part of this chapter. (2001 Code § 154.014; amd. 2012 Code)

154.015: A-1 GENERAL AGRICULTURAL DISTRICT:

A. General Description: This district is intended to provide an area primarily for agricultural uses or the extraction of the various products, such as oil, minerals, rock and gravel from the earth. The rural nature and low density of population in this district requires only that the buildings and extraction facilities related to the uses of this district have a reasonable setback from streets and highways. It is the purpose of this district to protect such uses from unplanned urbanization so long as the land therein is devoted primarily to agriculture or extraction of minerals.

B. Uses Permitted: Property and buildings in an A-1 General Agricultural District shall be used only for the following purposes:

1. One-family or two-family dwelling. (2001 Code § 154.015)

2. Packing or processing of crops and their byproducts raised on or off the premises, including picking, cutting, sorting, and boxing; but not including commercial production of marijuana , commercial processing of marijuana , canning, reduction or similar activity. (Ord. 1670, 8-6-2018)

3. Premises where animals are fed or kept for personal use and for agriculturally related projects by the owner or occupant of the premises. On all tracts of land containing less than forty (40) acres, the raising of swine shall be prohibited, and on all other tracts, the number of swine shall not exceed twenty (20) grain fed swine. Swine shall not be located closer than two hundred feet (200') from the property line of the tract on which they are located; and all structures used for sheltering farm animals and poultry shall not be located closer than two hundred feet (200') from any property line. The raising of farm animals shall be limited to one farm animal per each two (2) acre tract.

4. Premises where animals are fed or kept for commercial purposes or projects by the owner or occupant of the premises. Typical uses include beef ranches, sheep ranches, pig farms, chicken farms and dairy farms, but excluding stockyards, commercial feedlots, cattle or starter lots. On all tracts of land containing less than forty (40) acres, the raising of swine shall be prohibited, and on all other tracts the number of swine shall not exceed twenty (20) grain fed swine.

5. Such uses are primarily devoted to the cultivation and storage of horticultural and floricultural specialties, such as flowers, shrubs and trees intended for ornamental or landscaping purposes on a wholesale or retail sales basis. Typical uses include plant nurseries. (2001 Code § 154.015)

6. Premises primarily devoted to the cultivation, primarily for sale rather than home consumption, of agriculture products grown in regular or scattered patterns, such as wheat, field, forage, and other plant crops intended to provide food or fibers, but not including marijuana. (Ord. 1670, 8-6-2018)

7. Mining, quarrying and earth extraction industries.

8. Oil well or gas well, including the drilling thereof.

9. Transportation, pipeline and utility easements and rights- of-way. (2001 Code § 154.015)

10. Temporary roadside stands for the sale of farm products grown on the premises, but not including marijuana or marijuana product; provided, however, that up to one-third (1/3) of the display area for produce may be used for the sale of products not grown on the premises. The temporary structure shall be required to set back from the roadway an adequate distance to permit parking and ingress and egress, and shall not be constructed in such a location as would create an undue traffic hazard, subject to the determination of the City Engineer. (2001 Code § 154.015; amd. Ord. 1670, 8-6-2018)

11. All the following uses:

Advertising signs.

Church.

Group housing facility.

Home occupation.

Kennel.

Library.

Park or playground or public recreation area.

Plant nursery or greenhouse.

Private stable.

Public utility buildings and facilities.

School.

12. Accessory buildings which are not a part of the main building, including barns, sheds and other farm buildings, private garages and accessory buildings which are a part of the main building.

C. Area Regulations:

1. Front Yard: All buildings and mining operations, except temporary roadside stands for the sale of farm products grown on the premises, shall set back from road and street right-of- way lines to comply with the following front yard requirements:

a. All buildings shall set back from a State or Federal highway or County highway or section line road a minimum of twenty five feet (25') from the right-of-way line or seventy five feet (75') from the centerline of the right-of-way easement, whichever is greater.

b. On all public roads or streets, other than Federal, State or County highways and section line roads, all buildings shall set back a minimum of twenty five feet (25') from the right- of-way line or fifty five feet (55') from the centerline of the right-of-way easement, whichever is greater.

2. Side Yard:

a. For dwellings located on interior lots, there shall be a side yard on each side of the main building of not less than eight feet (8') for dwellings of one story, and of not less than twelve feet (12') for dwellings of more than one story, except as hereinafter provided in section 154.041 of this chapter.

b. For unattached buildings of accessory use, there shall be a side yard of not less than eight feet (8'); provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet (3') from an interior side lot line when all parts of the accessory building are located more than ninety feet (90') behind the front lot line.

c. For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen feet (15') in case the lot is back to back with another corner lot, and twenty five feet (25') in every other case. The interior side yard of a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

d. Churches, group housing facilities and main and accessory buildings other than dwellings and buildings shall set back from all exterior and interior side lot lines a distance of not less than twenty five feet (25'). The area shall be adequate to provide the off street parking areas required in section 154.049 of this chapter; provided, however, that the lot area for a church shall be not less than twenty one thousand (21,000) square feet.

3. Rear Yard: There shall be a rear yard for a main building of not less than twenty feet (20') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

D. Exterior Building Materials:

1. Predominant building exterior materials must be high quality, and used in their natural context and color.

2. Prefabricated and pre-engineered metal buildings and panels are allowed to be utilized in this district.

3. Smooth faced concrete block, painted masonry, and tilt-up and precast concrete panels are allowed to be utilized in this district.

4. T1-11 and other plywood based siding materials are allowed.

E. Rules For Oil And Gas Drilling, Reworking And Production:

1. Operator shall remove all equipment and restore the premises without delay upon termination of its use of the property.

2. Operator shall pay to the City all costs to repair and restore damage to all streets and other public properties damaged by the operator and its contractors in its operations.

3. Operator shall limit access to the location by itself and all its contractors, service companies, agents and employees to the ingress and egress route approved by the City Manager, Police Chief and Fire Chief.

4. Operator shall cause contractors and service companies to muffle all engines and otherwise reduce noise to the lowest level reasonably possible.

5. Operator shall not utilize any earthen pits on location and keep properly contained all drilling muds and other substances, chemicals and solutions used by it and its contractors, and haul away all such materials upon completion of the drilling and completion operations, and upon completion of any repairs or reworking of the well bore and/or production equipment.

6. No part of the well bore or the surrounding property shall be utilized for disposal of brine, drilling mud or any other chemical or solution.

7. Surface casing shall be installed and cemented pursuant to all City Commission rules and regulations.

8. Operator shall place security fencing around the location of sufficient height and impenetrability, and provide personnel to prohibit access to the tracts by any person not specifically invited to the location by operator or who otherwise may have a legal or contractual right to gain access to the location.

9. Operator shall inform and consult with the Police and Fire Chief with respect to scheduling of operations and use of all chemicals and potentially hazardous substances brought upon the premises. Operator shall provide all the information related to all such chemicals and potentially hazardous substances as requested by the Fire Chief.

10. Operator and all its employees, contractors and agents shall cause all trash, litter, discarded equipment and discarded tools and containers of every nature to be removed from the location on a daily basis or placed in secure and leakproof containers for later removal.

11. Operator shall locate and install any pipelines for transmission of produced hydrocarbons as shown on a survey and map to be filed with and approved by the Director of Public Works prior to installation; and bury the same not less than forty eight inches (48") below the surface; and construct and maintain the same in accordance with all applicable Fire, Safety and Building Codes and standards. The City easements, alleys and streets may not be used without the approval of the City Commission; except, crossings may be approved by the Director of Public Works.

12. At all times and for all aspects of operator’s activities, operator shall comply with all applicable statutes, rules, regulations and policies of all Federal, State and Municipal agencies having jurisdiction or control over the operator’s activities and operator’s use of public ways and easements. (2001 Code § 154.015; amd. Ord. 1714, 2-22-2022)

154.016: A-2 SUBURBAN DISTRICT:

A. General Description: This district is intended to provide a location for the land situated on the fringe of the urban area that is used for agricultural purposes, but will be undergoing urbanization in the near future. Many tracts in this district will be in close proximity to residential and commercial uses. Therefore, the agricultural activities conducted in this district should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial or industrial development than is authorized in other districts. The types of uses, required area and intensity of use of land which is permitted in this district is designed to encourage and protect agricultural uses so long as the land therein is devoted primarily to agriculture.

B. Uses Permitted: Property and buildings in an A-2 Suburban District shall be used only for the following purposes:

1. Detached one-family dwelling.

2. Church.

3. Public school or school offering general educational courses the same as ordinarily given in the public schools, and having no rooms regularly used for housing or sleeping. (2001 Code § 154.016)

4. Packing or processing of crops and their byproducts raised on or off the premises, including picking, cutting, sorting, and boxing; but not including commercial production of marijuana , commercial processing of marijuana , canning, reduction or similar activity. (Ord. 1670, 8-6-2018)

5. Premises where animals are fed or kept for personal use and for agriculturally related projects by the owner or occupant of the premises. On all tracts of land containing less than forty (40) acres, the raising of swine shall be prohibited, and on all other tracts the number of swine shall not exceed twenty (20) grain fed swine. Swine shall not be located closer than two hundred feet (200') from the property line of the tract on which they are located; and all structures used for sheltering farm animals and poultry shall not be located closer than two hundred feet (200') from any property line. The raising of farm animals shall be limited to one farm animal per each two (2) acre tract.

6. Such uses are primarily devoted to the cultivation and storage of horticultural and floricultural specialties, such as flowers, shrubs and trees intended for ornamental or landscaping purposes on a wholesale or retail sales basis. Typical uses include plant nurseries. (2001 Code § 154.016)

7. Premises primarily devoted to the cultivation, primarily for sale rather than home consumption, of agriculture products grown in regular or scattered patterns such as wheat, field, forage and other plant crops intended to provide food or fibers, but not including marijuana. (Ord. 1670, 8-6-2018)

8. Oil well or gas well, including the drilling thereof.

9. All of the following uses:

Country club and golf course.

Group housing facility.

Home occupation.

Kennel.

Library.

Park or playground or public recreation area.

Plant nursery.

10. Transportation, pipeline and utility easements, and rights-of-way.

11. Bulletin board or sign, not exceeding forty (40) square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises is leased, hired or sold.

12. Accessory buildings which are not a part of the main building, including barns, sheds and other farm buildings, and private garages and accessory buildings which are a part of the main building.

13. Private stable.

C. Area Regulations:

1. Front Yard: All buildings shall set back from street right- of-way lines to comply with the following front yard requirements:

a. All buildings shall set back from a State or Federal highway, County highway or section line road a minimum of twenty five feet (25') from the right-of-way line or seventy five feet (75') from the centerline of the right-of-way easement, whichever is greater.

b. On all public roads or streets other than Federal, State or County highways and section line roads, all buildings shall set back a minimum of twenty five feet (25') from the right- of-way line or fifty five feet (55') from the centerline of the right-of-way easement, whichever is greater.

c. If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of greater than twenty five feet (25'), and no building varies more than six feet (6') from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by existing buildings; but this regulation shall not require a front yard of greater depth than fifty feet (50').

d. When a yard has double frontage, the front yard requirements shall be complied with on both streets.

2. Side Yard:

d. Churches, group housing facilities and main and accessory buildings, other than dwellings and buildings, shall set back from all exterior and interior side lot lines a distance of not less than twenty five feet (25'). The area shall be adequate to provide the off street parking areas required in section 154.049 of this chapter; provided, however, that the lot area for a church shall be not less than twenty one thousand (21,000) square feet.

4. Lot Width: For dwellings, there shall be a minimum lot width of fifty feet (50') at the front building line, and the lot shall abut on a street for a distance of not less than thirty five feet (35').

5. Intensity Of Use:

a. For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than two (2) acres.

b. For churches, group housing facilities, and main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off street parking areas required in section 154.049 of this chapter.

6. Coverage: Main and accessory buildings shall not cover more than twenty five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

D. Height Regulations: No buildings shall exceed two and one- half (21/2) stories or thirty five feet (35') in height, except as provided in section 154.042 of this chapter.

E. Exterior Building Materials:

1. Predominant building exterior materials must be high quality, and used in their natural context and color.

2. Prefabricated and pre-engineered metal buildings and panels are allowed to be utilized in this district for accessory buildings only.

3. Smooth faced concrete block, painted masonry, and tilt-up and precast concrete panels are allowed to be utilized in this district for accessory buildings only.

4. T1-11 and other plywood based siding materials are allowed for accessory buildings only.

5. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction.

F. Rules For Oil And Gas Drilling, Reworking And Production:

1. Operator shall remove all equipment and restore the premises without delay upon termination of its use of the property.

2. Operator shall pay to the City all costs to repair and restore damage to all streets and other public properties damaged by the operator and its contractors in its operations.

4. Operator shall cause contractors and service companies to muffle all engines and otherwise reduce noise to the lowest level reasonably possible.

6. No part of the well bore or the surrounding property shall be utilized for disposal of brine, drilling mud or any other chemical or solution.

7. Surface casing shall be installed and cemented pursuant to all City Commission rules and regulations.

8. Operator shall place security fencing around the location of sufficient height and impenetrability and provide sufficient personnel to prohibit access to the tracts by any person not specifically invited to the location by operator or who otherwise may have a legal or contractual right to gain access to the location.

9. Operator shall inform and consult with the Chief of Police and the Fire Chief with respect to scheduling of operations and use of all chemicals and potentially hazardous substances brought upon the premises. Operator shall provide all the information related to all such chemicals and potentially hazardous substances as requested by the Fire Chief.

11. Operator shall locate and install any pipelines for transmission of produced hydrocarbons as shown on a survey and map to be filed with and approved by the Director of Public Works prior to installation; and bury the same not less than forty eight inches (48") below the surface; and construct and maintain same in accordance with all applicable Fire, Safety and Building Codes and standards. The City easements, alleys and streets may not be used without the approval of the City Commission; except, crossings may be approved by the Director of Public Works.

154.017: A-3 RESIDENTIAL ESTATES:

A. General Description: This district is intended to provide for the intermediate stage between the Suburban District and the Single-Family Dwelling District. This zoning district will provide for single-family housing and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from encroachment of uses which are not appropriate to residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses.

B. Uses Permitted: Property and buildings in an A-3 Residential Estates District shall be used only for the following purposes:

1. Detached one-family dwelling. (2001 Code § 154.017)

4. Premises primarily devoted to the cultivation, primarily for sale rather than home consumption, of agriculture products grown in regular or scattered patterns, such as wheat, field, forage, and other plant crops intended to provide food or fibers, but not including marijuana. (Ord. 1670, 8-6-2018)

5. Professional offices.

6. Churches.

7. Schools.

8. Medical and dental offices.

C. Area Regulations: All lots and improvements within the A-3 Residential Estates District shall meet the following requirements:

1. Front Yard: All buildings shall be set back from the street right-of-way line to comply with the following front yard requirements:

a. The minimum depth of the front yard shall be twenty five feet (25') from the right-of-way line or fifty five feet (55') from the centerline of the right-of-way easement, whichever is greater;

b. If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with the buildings, all of which have an average setback line of greater than twenty five feet (25'), and no building varies more than five feet (5') from this average setback line, then no building shall be erected closer to the street than the minimum setback so established by existing buildings; but this regulation shall not require a front yard depth of greater than fifty feet (50'); and

c. When a yard has double frontage, the front yard requirements shall be met on both streets.

2. Side Yard: Side yard requirements are as follows:

a. For interior lots, the minimum depth of a side yard shall be fifteen feet (15').

b. For corner lots:

(1) The minimum depth of a side yard shall be fifteen feet (15') if the lot is backing up to the rear of another corner lot; and

(2) In all other cases, the minimum depth of a side yard shall be twenty five feet (25').

c. For churches and schools, the minimum depth of a side yard shall be thirty five feet (35').

3. Rear Yard: Rear yard requirements are as follows:

a. The minimum depth of the rear yard shall be twenty percent (20%) of the depth of the lot or twenty feet (20'), whichever is smaller; and

b. Accessory buildings shall be a minimum of ten feet (10') from the rear lot line.

4. Lot Width: Lot width requirements are as follows:

a. Each lot shall have a minimum frontage of sixty feet (60') when measured at the front building line; and

b. Each lot must abut on the street for a minimum of thirty five feet (35').

5. Intensity Of Use Requirements: Intensity of use requirements are as follows:

a. For a one-family dwelling, each lot must contain a minimum of three-fourths (3/4) acre; and

b. Schools must contain a minimum of three (3) acres.

6. Coverage: Coverage requirements are as follows:

a. Not more than thirty five percent (35%) of the lot area shall be covered by the dwelling; and

b. Not more than twenty percent (20%) of the rear yard shall be covered by accessory buildings.

7. Height: No improvement or structure shall exceed thirty five feet (35') in height above the mean elevation of the lot.

D. Exterior Building Materials:

1. Predominant building exterior materials must be high quality, and used in their natural context and color.

2. Prefabricated and pre-engineered metal buildings and panels are allowed to be utilized in this district for accessory buildings only.

3. Smooth faced concrete block, painted masonry, and tilt-up and precast concrete panels are allowed to be utilized in this district for accessory buildings only.

4. T1-11 and other plywood based siding materials are allowed for accessory buildings only.

5. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction. (2001 Code § 154.017; amd. Ord. 1714, 2-22-2022)

154.018: R-1 SINGLE-FAMILY DWELLING DISTRICT:

A. General Description: This is the most restrictive residential district. The principal use of land is for single- family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from the encroachment of uses which are not appropriate to residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses. (2001 Code § 154.018)

B. Uses Permitted: Property and buildings in an R-1 Single- Family Dwelling District, shall be used only for the following purposes:

Accessory buildings which are not a part of a main building, including one private garage, or accessory buildings which are a part of a main building, including one private garage.

Agricultural crops, but not the raising of farm animals, poultry, or the growth, cultivation, or production of marijuana or marijuana products intended to be sold rather than for home consumption pursuant to 63 Oklahoma Statutes section 420.

Church bulletin board or sign, not exceeding twelve (12) square feet in area, located behind the front building line on the same lot with the church building.

Churches, but not including missions or revival tents or arbors.

Detached one-family dwelling.

Home occupation.

Library.

Parking lot required to serve the uses permitted in this district.

Public park or playground.

Public school or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

Temporary buildings of the construction industry which are incidental to the erection of permanent type buildings may be utilized on permit; provided, however, that in the event the temporary building is permitted, then the permit will be for a specified geographical area and the permit will be effective a maximum period of eighteen (18) months in the particular area applied for; provided further, however, that in cases of extraordinary hardship, a permit for the same particular area may be extended upon application for not more than one additional six (6) month period. Temporary buildings erected under this section shall be removed when construction in the area is completed or upon expiration of the permit, whichever event occurs first.

Temporary bulletin board or sign, not exceeding twelve (12) square feet in area, appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises is leased, hired or sold.

Transportation and utility easements, alleys and rights- of-way. (2001 Code § 154.018; amd. Ord. 1670, 8-6-2018)

C. Area Regulations: All buildings shall be set back from street right-of-way and lot lines to comply with the following yard requirements:

1. Front Yard:

a. The minimum depth of the front yard shall be twenty five feet (25').

b. If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of greater than twenty five feet (25'), and no building varies more than six feet (6') from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing building but this regulation shall not require a front yard of greater depth than fifty feet (50').

c. When a yard has double frontage, the front yard requirements shall be complied with on both streets.

2. Side Yards:

a. For dwellings located on interior lots, there shall be a side yard on each side of the main building of not less than five feet (5') for dwellings of one story, and of not less than ten feet (10') for dwellings of more than one story, except as hereinafter provided in section 154.041 of this chapter.

b. For unattached buildings of accessory use, there shall be a side yard of not less than five feet (5'); provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet (3') from an interior side lot line when all parts of the accessory building are located more than ninety feet (90') behind the front lot line.

d. Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of not less than twenty five feet (25').

5. Intensity Of Use:

a. For each dwelling, and building accessory thereto, there shall be a lot area of not less than six thousand (6,000) square feet.

b. For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off street parking areas required in section 154.049 of this chapter; provided, however, that the lot area for a church shall not be less than twenty one thousand (21,000) square feet. (2001 Code § 154.018)

6. Coverage: Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area on interior lots, and thirty five percent (35%) of the lot area on corner lots. Accessory buildings shall not cover more than twenty percent (20%) of the rear yard. (2001 Code § 154.018; amd. 2012 Code)

D. Height Regulations:

1. No building shall exceed two and one-half (21/2) stories or thirty five feet (35') in height, except as provided in section 154.042 of this chapter.

2. No accessory building at is highest point may be taller that the ridge height of the primary structure.

E. Construction and Exterior Building Materials:

2. Prefabricated and pre-engineered metal buildings and panels are allowed to be utilized in this district for accessory buildings only.

a. All metal accessory buildings shall be screened from all streets with either fencing or shrubbery with a minimum height of six (6) feet.

b. The surface of any accessory building which is visible from any street abutting the lot upon which the accessory building is located shall be constructed of Masonry (stone, brick, decorative CMU and similar materials), Stucco, Vinyl Siding, Fiber Cement Siding or natural wood products.

3. Smooth faced concrete block, painted masonry, and tilt-up and precast concrete panels are prohibited.

4. T1-11 and other plywood based siding materials are prohibited.

5. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction.

6. Intermodal Containers are prohibited in this district.

7. All primary structures are to be constructed on site and shall be permanently affixed to the surface of the lot.

8. Tiny Houses and Tiny Houses on Wheels are prohibited in this district. (2001 Code § 154.018; amd. Ord. 1714, 2-22-2022)

154.019: R-2 GENERAL RESIDENTIAL DISTRICT:

A. General Description: This is a residential district to provide for medium and high population density. The principal use of land may range from single-family to multiple-family and garden apartment uses. Certain uses which are more compatible functionally with intensive residential uses than with commercial uses are permitted. The recreational, religious and educational facilities normally required to provide an orderly and attractive residential area are permitted. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each use permitted in the district. (2001 Code § 154.019)

B. Uses Permitted:

Any use permitted in an R-1 residential district.

Accessory buildings and uses customarily incidental to the permitted uses when located on the same lot.

Garage apartment, when located on a separate lot or on the same lot with another dwelling use.

Multiple-family dwelling. Group housing facility with a maximum capacity of twenty (20) persons or less.

Rooming or boarding house.

Two-family dwelling. (2001 Code § 154.019; amd. 2012 Code)

C. Area Regulations: All buildings shall be set back from street right of way lines or lot lines to comply with the following yard requirements:

1. Front Yard:

a. The minimum depth of the front yard shall be twenty five feet (25').

b. If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of greater than twenty five feet (25'), and no building varies more than six feet (6') from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than fifty feet (50').

c. When a yard has double frontage, the front yard requirements shall be complied with on both sides.

2. Side Yard:

a. For dwellings located on interior lots, there shall be a side yard on each side of the main dwelling of not less than five feet (5') for dwellings of one story, and an additional five feet (5') shall be provided on each side yard for each additional story or part thereof. For unattached buildings of accessory use, there shall be a side yard of not less than five feet (5'); provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet (3') from an interior side lot line when all parts of the accessory building are located more than ninety feet (90') behind the front property line.

b. For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen feet (15') in case the lot is back to back with another corner lot, and twenty feet (20') in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c. Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings and trailers, shall set back from all exterior and interior side lot lines a distance of not less than twenty five feet (25').

3. Rear Yard:

a. For main buildings, other than garage apartments, there shall be a rear yard of not less than twenty feet (20') or twenty percent (20%) of the depth of the lot, whichever is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

b. Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet (10') to the rear lot line.

4. Lot Width: There shall be a minimum lot width of fifty feet (50') at the front building line for single-family dwellings and ten feet (10') additional width at the front building line for each family more than one occupying a dwelling. However, a lot width at the front building line shall not be required to exceed one hundred fifty feet (150'). A lot shall abut on a street not less than thirty five feet (35').

5. Intensity Of Use:

a. There shall be a lot area of not less than six thousand (6,000) square feet for a single-family dwelling, not less than eight thousand (8,000) square feet for a two-family dwelling, and an additional area of not less than two thousand (2,000) square feet for each family, more than two (2), occupying a dwelling; provided, however, that for a multiple- family dwelling five (5) or more stories in height, the lot area shall not be required to exceed an area equal to the gross floor area of the building, plus the coverage of the building.

b. There shall be a lot area of not less than eight thousand (8,000) square feet where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located in the rear yard of a two-family or multiple-family dwelling, the lot area shall not be less than two thousand (2,000) square feet than is required for the two- family or multiple-family dwelling.

c. For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off street parking area required in section 154.049 of this chapter; provided, however, that the lot area for a church shall not be less than twenty one thousand (21,000) square feet.

d. For group housing facilities, there shall be a minimum lot area of six thousand (6,000) square feet and, for facilities having sleeping accommodations for more than four (4) persons, there shall be an additional lot area of one thousand (1,000) square feet for each sleeping accommodation in excess of four (4).

6. Coverage: Main and accessory buildings shall not cover more than thirty five percent (35%) of the lot area. Accessory buildings shall not cover more than thirty percent (30%) of the rear yard.

D. Height Regulations:

1. No buildings shall exceed eight (8) stories or forty five feet (45') in height, except as provided in section 154.042 of this chapter.

2. No accessory building at is highest point may be taller that the ridge height of the primary structure.

E. Construction and Exterior Building Materials:

2. Prefabricated and pre-engineered metal buildings and panels are allowed to be utilized in this district for accessory buildings only.

a. All metal accessory buildings shall be screened from all streets with either fencing or shrubbery with a minimum height of six (6) feet.

3. Smooth faced concrete block, painted masonry, and tilt-up and precast concrete panels are prohibited.

4. T1-11 and other plywood based siding materials are prohibited.

5. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction.

6. Intermodal Containers are prohibited in this district.

7. All primary structures are to be constructed on site and shall be permanently affixed to the surface of the lot.

8. Tiny Houses and Tiny Houses on Wheels are prohibited in this district. (2001 Code § 154.019; amd. Ord. 1714, 2-22-2022)

154.020: R-3 GENERAL RESIDENTIAL DISTRICT:

B. Uses Permitted:

Any use permitted in an R-2 residential district.

Accessory buildings and uses customarily incidental to the permitted uses when located on the same lot.

Garage apartment, when located on a separate lot or same lot with another dwelling use.

Institutions of a religious or educational nature.

Medical facility.

Mobile home on lot six thousand (6,000) square feet, fifty feet (50') fronting on street.

Off street parking lot associated with commercial (see section 154.049 of this chapter). (2001 Code § 154.020; amd. 2012 Code)

C. Area Regulations: All buildings shall be set back from street right of way lines or lot lines to comply with the following yard requirements:

1. Front Yard:

a. The minimum depth of the front yard shall be twenty five feet (25'). (2001 Code § 154.020)

b. If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of greater than twenty five feet (25'), and no building varies more than six feet (6') from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than fifty feet (50'). (2001 Code § 154.020; amd. 2012 Code)

c. When a yard has double frontage, the front yard requirements shall be complied with on both sides.

2. Side Yard:

3. Rear Yard:

b. Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet (10') to the rear lot line.

4. Lot Width: There shall be a minimum lot width of fifty feet (50') at the front building line for single-family dwellings and ten feet (10') additional width at the front building line for each family more than one, occupying a dwelling. However, a lot width at the front building line shall not be required to exceed one hundred fifty feet (150'). A lot shall abut on a street not less than thirty five feet (35').

5. Intensity Of Use:

a. There shall be a lot area of not less than six thousand (6,000) square feet for a single-family dwelling, not less than eight thousand (8,000) square feet for a two-family dwelling, and an additional area of not less than two thousand (2,000) square feet for each family more than two (2), occupying a dwelling; provided, however, that for a multiple- family dwelling five (5) or more stories in height, the lot area shall not be required to exceed an area equal to the gross floor area of the building plus the coverage of the building.

c. For churches and main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off street parking area required in section 154.049 of this chapter; provided, however, that the lot area for a church shall not be less than twenty one thousand (21,000) square feet.

6. Coverage: Main and accessory buildings shall not cover more than thirty five percent (35%) of the lot area. Accessory buildings shall not cover more than thirty percent (30%) of the rear yard.

D. Height Regulations: No buildings shall exceed eight (8) stories or forty five feet (45') in height, except as provided in section 154.042 of this chapter.

E. Construction and Exterior Building Materials:

1. Predominant building exterior materials on all non-mobile home primary structures must be high quality, and used in their natural context and color. Masonry (stone, brick, decorative CMU and similar materials), Stucco, Vinyl Siding, Fiber Cement Siding or natural wood products must be used as the sole exterior surface materials.

2. Prefabricated and pre-engineered metal buildings and panels are allowed to be utilized in this district for accessory buildings only.

a. All metal accessory buildings shall be screened from all streets with either fencing or shrubbery with a minimum height of six (6) feet.

3. Smooth faced concrete block, painted masonry, and tilt-up and precast concrete panels are prohibited.

4. T1-11 and other plywood based siding materials are prohibited.

5. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction.

6. Intermodal Containers are allowed in this district as accessory buildings only.

7. Tiny Houses and Tiny Houses on Wheels are allowed in this district. (2001 Code § 154.020; amd. Ord. 1714, 2-22-2022)

154.021: R-4 GENERAL RESIDENTIAL DISTRICT:

A. General Description: This district is intended to provide for medium and high population density, with the principal use to be any use permitted in an R-3 zone and mobile home parks, mobile home subdivisions and travel trailer parks.

B. Permitted Uses: The following uses shall be permitted in this district:

Any use permitted in an R-3 zone.

Mobile home parks.

Mobile home subdivisions.

Travel trailer parks and/or spaces.

C. Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

DEPENDENT MOBILE HOME: A mobile home which does not have a flush toilet and a bath or shower. For purposes of regulation under this section, a dependent mobile home shall be considered to be the same as a travel trailer, unless otherwise specified.

FREESTANDING MOBILE HOME OR TRAVEL TRAILER: Any mobile home or travel trailer not located in a mobile home park or travel trailer park, or in an approved mobile home subdivision.

INDEPENDENT MOBILE HOME: A mobile home which has a flush toilet and a bath or shower. Unless otherwise indicated in the text of this chapter, mobile home shall mean an independent manufactured home.

INSPECTION OFFICER: The building inspector of the city or his or her authorized agent.

LOT: A parcel of land.

MANUFACTURED HOUSING: A manufactured building or portion of a building designed for long term residential use.

MOBILE HOME: A movable or portable manufactured dwelling consisting of one or more components or two (2) or more units separately towable but designed to be joined into one integral unit, which may or may not be designed for towing or transporting on streets and highways on its own wheels, chassis or on a flatbed or other trailer, may be complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, skirting, connection to utilities and similar operations. Unless otherwise indicated in the text of this chapter, the term mobile home shall refer to an "independent mobile home", as defined in this subsection. A mobile home shall be construed to remain a mobile home whether or not wheels or axles, hitches or pulls are removed and regardless of the type of foundation upon which the home is set.

MOBILE HOME PARK: Any plot of ground upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations, containing lots of at least one thousand five hundred (1,500) square feet.

MOBILE HOME SPACE: A plot of ground within a mobile home park designed for the accommodation of one mobile home and not located on a mobile home sales lot.

MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where residence is in mobile homes exclusively, and where mobile home lots are sold for occupancy.

NONRESIDENTIAL MOBILE TRAILER: Any vehicle having the basic characteristics of either a mobile home or travel trailer, but which is used for purposes other than residential and is not being offered for sale for residential purposes as indicated by a clearly displayed sign on or near the trailer and can be constructed to be a travel trailer or recreational vehicle.

PARK: A mobile home or travel trailer park.

PARKING, FRONT: Parking directly in front of mobile home.

PARKING, SIDE: Home to front building line and parking to either side of home.

PERSON: Natural individual, firm, trust, partnership, association or corporation.

PUBLIC WATER SYSTEM OR PUBLIC SEWER SYSTEM: Any such system built and owned by, or dedicated to and accepted by, the city. All other systems are private.

RURAL: Any area shown on the city area general plan for suburban or rural development and which is zoned agricultural.

SERVICE BUILDING: A building housing toilet and bathing facilities for men or women, and may also include buildings containing laundry facilities and other facilities.

SUBDIVISION: Mobile home subdivision, unless otherwise indicated.

TRAILER PARK OR TRAVEL TRAILER PARK: Any plot of ground upon which two (2) or more travel trailers, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.

TRAVEL TRAILER OR TRAILER: All vehicles and portable structures built on a chassis, designed as a temporary dwelling for travel, recreational and vacation use not included in the definition of "mobile home", as defined in this subsection. For purposes of regulation under this chapter, a dependent mobile home shall be considered to be the same as a travel trailer, unless otherwise specified.

TRAVEL TRAILER SPACE: A plot of ground within a travel trailer park designed for accommodation of one travel trailer.

URBAN: Any area shown on the city area general plan for urban intensity development.

D. Inspection Of Mobile Home And Travel Trailer Parks:

1. The city inspector is hereby authorized and directed to make inspections to determine the condition of mobile home and travel trailer parks located within the city in order to perform their duty of safeguarding the health and safety of occupants of mobile home parks and of the general public.

2. The city inspector shall have the power to inspect the outside premises of private or public property for the purposes of inspecting and investigating conditions in relation to the enforcement of this section or of regulations promulgated thereunder.

3. The city inspector shall have the power to inspect any register containing a record of all mobile homes and occupants using the park.

4. It is the duty of every occupant of a park to give the owner thereof, or his or her agent or employee, access to any part of the mobile home park or travel trailer park, or their premises, at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this section, or with any lawful regulations adopted thereunder, or with any lawful order issued pursuant to the provisions of this section.

E. Mobile Home Park:

1. Any mobile home park shall conform to the requirements of section 152.55 et seq. of this title.

2. Every mobile home and travel trailer, if occupied in a park, must be anchored and tied for safety purposes in a manner equivalent to the following:

a. Mobile homes and travel trailers up to thirty feet (30') in length, two (2) frame ties per side;

b. Mobile homes and travel trailers thirty feet (30') to fifty feet (50') in length, three (3) frame ties per side;

c. Mobile homes fifty five feet (55') to seventy feet (70') in length, four (4) frame ties per side;

d. Mobile homes over seventy feet (70') in length, five (5) frame ties per side;

e. Over the home ties to be also installed as close to each end as possible with straps at studs and rafter locations;

f. All ties attached to concrete pad or ribbon must be located in footings or foundation piers. All anchors must be of a "man earth" type or equal, and must be installed to have a holding capacity of four thousand eight hundred (4,800) to five thousand seven hundred (5,700) pounds. All mobile home tie downs must be installed by a certified person, authorized by the city as a certified tie down contractor. The city inspector will be responsible for checking each installation for anchoring. The state department of public safety will be responsible for the determination of safety of anchoring.

3. Mobile home parks shall have independent spaces for mobile homes and travel trailers. Travel trailer parks will only be allowed to have travel trailer sites.

4. Mobile home parks shall allow no more than thirty percent (30%) of the total spaces in the park to be available and used for travel trailers.

F. Traffic; Parking:

1. In mobile home or travel trailer parks, parking on or adjacent to the street within a park is permissible as long as it does not obstruct free movement of traffic.

2. Each lot shall provide at least two (2) off street parking places.

G. Supervision: A responsible attendant or caretaker, owner or operator shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition, and he or she shall be answerable for any violation of the provisions of this section.

H. Wrecked Or Damaged Homes, Trailers: Wrecked, damaged or dilapidated mobile homes and travel trailers shall not be kept or stored in a mobile home park or travel trailer park. The city inspector shall determine if a mobile home or travel trailer is damaged or dilapidated to a point which makes the mobile home or travel trailer unfit for human occupancy on either a temporary or permanent basis. Whenever such a determination is made, the mobile home or travel trailer shall be vacated and removed from the premises.

I. Travel Trailer Parks And Spaces: Travel trailer parks and spaces shall conform with mobile home park regulations set forth in section 152.55 et seq. of this title, except lot size which will be reviewed by the city inspector as to the shape and size.

J. Construction and Exterior Building Materials:

2. Prefabricated and pre-engineered metal buildings and panels are allowed to be utilized in this district for accessory buildings only.

3. Smooth faced concrete block, painted masonry, and tilt-up and precast concrete panels are prohibited.

4. T1-11 and other plywood based siding materials are prohibited.

5. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction.

6. Intermodal Containers are allowed in this district as accessory buildings only.

7. Tiny Houses and Tiny Houses on Wheels are allowed in this district. (2001 Code § 152.021; amd. Ord. 1714, 2-22-2022)

154.022: C-M COMMERCIAL MEDICAL OFFICE DISTRICT:

A. General Description: This district is intended to encourage and permit general professional medical offices of high site quality and appearance in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to maintain the integrity and be generally compatible with existing and future adjacent and surrounding single-family or multiple-family development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for development of office uses that are compatible with residential uses, thereby maintaining the character and integrity of existing and developing neighborhoods. This district is also ideally located in transitional areas between commercial and residential development and must provide a low intensity of land usage and site coverage to enable the site to retain its parklike image for the residential neighborhoods nearby and for the tenants that seek pleasant landscaped surroundings.

B. Permitted Uses: The following uses shall be permitted in this district:

1. Any use permitted in an R-1 Zone.

2. Medical and dental offices. (Ord. 2001 Code § 154.022)

3. Laboratories where all work is in buildings and no smoke, noise, odor or dust emits from building, but not to include the commercial processing of marijuana . (Ord. 1670, 8-6-2018)

4. Pharmacy.

5. Offices for such professional services as dentist or dental surgeon, optometrist, optician, osteopathic physician, psychologist, physician or surgeon, or registered nurse; provided, however, that no retail sales nor stock of goods shall be permitted, other than the incidental sale of merchandise within the above professional offices or pharmacy which may be located only in a building providing space for medical offices. Provided, that no smoke, noise, odor, dust or other element of operation is more intense than that normally generated in a general residential district.

6. Nameplate and sign relating only to the use of the office building and premises and harmonious with the other design features.

7. No material or goods offered for sale or stored in connection with the uses enumerated above shall be displayed or stored outside a building.

8. Any other office rendering personal, medical service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.

9. Parking shall meet the requirements of section 154.049 of this chapter.

C. Area Regulations:

1. Front Yard: All buildings shall have a zero setback line on a street, with one hundred ten feet (110') platted right-of- way. Each reduction of the right-of-way by ten feet (10') shall increase the setback building line two (2) additional feet; provided, however, that in no case shall the required setback be less than the existing setback line of other structures in the block (300 feet).

2. Side Yard: Five feet (5') on interior lots with an additional five feet (5') for each additional story. Side yard from an intersecting street shall be the same as subsection C1 of this section.

3. Sidewalks: A minimum of a five foot (5') sidewalk shall be provided between building and any adjoining street, in addition to any off street parking, except where curb is provided between parking and street. (2001 Code § 154.022)

4. Lighting: Any lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. (2001 Code § 154.022; amd. 2012 Code)

D. Height Regulations: No building shall exceed two and one- half (21/2) stories or thirty five feet (35') in height, except as provided in section 154.042 of this chapter.

E. Construction and Exterior Building Materials:

2. Prefabricated and pre-engineered metal buildings and panels are allowed to be utilized in this district for accessory buildings only.

a. All metal accessory buildings shall be screened from all streets with either fencing or shrubbery with a minimum height of six (6) feet.

3. Smooth faced concrete block, painted masonry, and tilt-up and precast concrete panels are prohibited.

4. T1-11 and other plywood based siding materials are prohibited.

5. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction.

6. Intermodal Containers are allowed in this district as accessory buildings only.

7. Tiny Houses and Tiny Houses on Wheels are prohibited in this district. (2001 Code § 154.022; amd. Ord. 1714, 2-22-2022)

154.023: C-O COMMERCIAL OFFICE DISTRICT:

A. General Description: This district is intended to encourage and permit the development of light, restricted commercial offices, retail shops and stores of high site quality and appearance that provide for the regular needs and for the convenience of citizens residing in adjacent residential neighborhoods. The design, exterior appearance and landscaping shall be such that is compatible and integral with the adjacent residential neighborhoods. This district provides a low intensity of land usage and site coverage to enable the district to maintain a parklike image and pleasant landscaped surroundings.

B. Intended Location: This district should generally be located in areas abutting arterial and/or collector streets which are suitable for development of light, restricted commercial offices, retail shops and stores which are compatible with the adjacent residential neighborhoods. This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain commercial offices, retail shops and stores. (Ord. 1649, 2-21-2017)

C. Permitted Uses: The following uses shall be permitted in this district:

Any use permitted in an R-1 Zone.

Art/photography gallery or studio.

Bank or other financial institution.

Childcare center.

Churches.

Laboratories where all work is in buildings and no smoke, noise, odor or dust emits from the building, but not to include the commercial processing of marijuana .

Medical and dental offices.

Movie or other indoor theater.

Nameplate and sign relating only to the use of the premises.

Personal service shops, e.g., dry cleaner, fitness center, hair/nail/tanning/massage salon, tailor.

Pharmacy.

Professional offices, e.g., attorney, engineering, surveyor, insurance, consultant offices.

Restaurant, so long as all on site food service is provided in buildings or on attached patio areas, but not to include drive-through or drive-in restaurant.

Retail shops, so long as no retail sales or stock of goods shall be permitted to be displayed or offered for sale outside of the building in which the retail shop is located. (Ord. 1649, 2-21-2017; amd. Ord. 1670, 8-6-2018)

D. Area Regulations: All buildings shall be set back from the street right-of-way and lots lines to comply with the following requirements:

1. Setback From Street: There is no minimum setback distance from the street right-of-way; however, all buildings shall be set back a minimum of fifty feet (50') from the street curb line, as it exists at the time of construction.

2. Setback From Residential Property: All buildings shall be set back a minimum of sixty feet (60') from any border which abuts residentially zoned property. This area shall be referred to as a "sensitive border yard".

a. The sensitive border yard requirements may be reduced when one of the following features is utilized in the yard abutting the residentially zoned property:

(1) A landscaped buffer at least ten feet (10') in width along the entire length of the yard abutting the residentially zoned property shall result in a ten foot (10') reduction of the yard requirement. The buffer shall contain shade trees, evergreen trees and shrubbery such that a solid landscaped green space that provides a sound and sight barrier is present.

(2) An eight foot (8') high masonry wall along the entire length of the residential property line shall result in a ten foot (10') reduction of the yard requirement.

b. In no event shall the sixty foot (60') buffer be reduced by more than ten feet (10').

3. Intensity Of Use: Main and accessory buildings shall not cover more than forty percent (40%) of any individual lot.

4. Height Regulations: No building shall exceed two (2) stories or forty feet (40') in height.

E. General Regulations For C-O Zoning Districts:

1. Operation Regulations:

a. No loading or unloading operations shall be conducted between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M.

b. Any outdoor speakers shall not be directed toward abutting residentially zoned property. No outdoor speakers may be used between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M.

c. No container used for refuse collection, recycling, trash compaction or the holding of grease shall be located nearer than twenty five feet (25') to any abutting residentially zoned property.

d. All refuse containers shall be enclosed and screened on all four (4) sides so that they are not visible from any adjacent public right-of-way and shall be a minimum of twelve feet by twelve feet (12' x 12') with an opening gate of not less than twelve feet (12') in width. Such enclosure shall be architecturally compatible with the surrounding structures.

2. Design Standards:

a. No building shall have windows or other openings that allow for visibility into a side or rear yard of an abutting residential property. Windows which do not allow for visibility into a side or rear yard of an abutting residential property, such as clerestory window or a translucent window, are allowable.

b. Outdoor lighting:

(1) All light fixtures located within fifty feet (50') of any residentially zoned property shall not exceed fifteen feet (15') in height.

(2) Fiber optic or neon lighting or building decoration shall not be allowed.

(3) Spillover lighting onto abutting residentially zoned property shall not exceed 0.2 foot-candle, measured at the lot line.

c. General construction standards:

(1) All exterior walls shall exclusively be comprised of brick, glass, wood, stucco, or material other than metal or untreated concrete block (which shall include painted concrete block).

(2) Rooftops, awnings, and overhangs may be metal construction.

3. Landscaping Requirements:

a. All development of this district shall be landscaped with trees and ornamental shrubs and a landscaping plan shall be submitted with the application for building permit.

b. Not less than ten percent (10%) of the total area shall be landscaped, exclusive of public right-of-way.

(1) All planting beds shall be a minimum of five feet (5') in width.

(2) Gravel, artificial grass or any form of synthetic material shall not be included in the landscaped area calculation.

c. Sight triangles and utility easement access shall be considered when developing the landscaping plan.

d. All landscaping shall be maintained in a live and healthy condition.

F. Construction and Exterior Building Materials:

2. Prefabricated and pre-engineered metal buildings and panels are allowed to be utilized in this district for accessory buildings only.

a. All metal accessory buildings shall be screened from all streets with either fencing or shrubbery with a minimum height of six (6) feet.

3. Smooth faced concrete block, painted masonry, and tilt-up and precast concrete panels are prohibited.

4. T1-11 and other plywood based siding materials are prohibited.

5. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction.

6. Intermodal Containers are allowed in this district as accessory buildings only.

7. Tiny Houses and Tiny Houses on Wheels are not allowed in this district. (Ord. 1649, 2-21-2017; amd. Ord. 1714, 2-22-2022)

154.024: C-1 NEIGHBORHOOD SHOPPING DISTRICT:

A. General Description: This commercial district is for the conduct of retail trade and personal service enterprises to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational uses, more restrictive requirements for light, air, open space and off street parking are made than are provided in other commercial districts.

B. Uses Permitted: Property and buildings in a C-1 Neighborhood Shopping District shall be used only for the following purposes:

1. Any use permitted in an R-2 Residential District.

2. Retail stores and shops which do not exceed six thousand five hundred (6,500) square feet of gross floor area and which supply the regular and customary needs of the residents of the neighborhood and which are primarily for their convenience, as follows:

Antique shop.

Appliance store.

Artists materials supply studio.

Arts school, gallery or museum.

Automobile parking lot.

Automobile service station.

Baby shop.

Bakery goods store.

Bank.

Barbershop.

Beauty shop.

Book or stationery store.

Camera shop.

Candy store.

Catering establishment.

Cleaning, pressing, laundry pick up agency.

Curio or gift shop.

Dairy products or ice cream store.

Delicatessen.

Dress shop.

Drug store or fountain.

Dry goods store.

Florist shop, greenhouse.

Furniture shop.

Grocery store or supermarket.

Hardware store.

Hotel.

Jewelry or notion store.

Lodge hall.

Meat market.

Medical facility.

Medical marijuana dispensary.

Messenger or telegraph service.

Musical instrument sales.

Newspaper or magazine sales.

Office business.

Optometrist sales and service.

Pharmacy.

Photographer studio.

Radio and television sales and service.

Restaurant, not to include drive-in.

Self-service laundry or dry cleaning.

Sewing machine sales, instruction.

Shoe repair shop.

Sporting goods sales.

Tailor shop.

Toy store.

Variety store. (2001 Code § 154.024; amd. Ord. 1670, 8-6-2018)

3. Nameplate and sign relating only to the use of the store and premises or to products sold on the premises.

4. Accessory buildings and uses customarily incidental to the above uses.

5. A building used for any of the above enumerated uses may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in subsections B1 through B4 of this section shall be displayed or stored outside a building.

6. Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.

C. Area Regulations: The area requirements for dwellings shall be the same as the requirements of the R-2 General Residential District. The following requirements shall apply to all other uses permitted in this district:

1. Front Yard: All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty five feet (25') in depth.

2. Side Yard: On the side of a lot adjoining a dwelling district, there shall be a side yard of not less than ten feet (10'). There shall be a side yard setback from an intersecting street of not less than twenty five feet (25').

3. Rear Yard: There shall be provided an alley, service court, rear yard, or combination thereof, of not less than thirty feet (30').

D. Height Regulations: No building shall exceed two and one- half (21/2) stories or thirty five feet (35') in height, except as provided in section 154.042 of this chapter.

E. Construction and Exterior Building Materials:

1. Predominant building exterior materials on the primary structure must be high quality, and used in their natural context and color. Masonry (stone, brick, decorative CMU and similar materials), Stucco, Vinyl Siding, Fiber Cement Siding or natural wood products must be used as the sole exterior surface materials for all street facing surfaces of the primary structure. For all other exterior walls, the following shall apply:

a. Buildings with exterior walls up to twelve (12) feet tall - the bottom four (4) feet of the wall must be constructed or covered with Masonry (stone, brick, decorative CMU and similar materials), Stucco, Vinyl Siding, Fiber Cement Siding or natural wood products

b. Buildings with exterior walls over twelve (12) feet tall - the bottom eight (8) feet of the wall must be constructed or covered with Masonry (stone, brick, decorative CMU and similar materials), Stucco, Vinyl Siding, Fiber Cement Siding or natural wood products.

2. EIFS and BIPV may substitute for any of the allowable exterior building materials upon review by the building inspector.

3. T1-11 and other plywood based siding materials are prohibited.

4. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction. (2001 Code § 154.024; amd. Ord. 1714, 2-22-2022)

154.025: C-2 GENERAL COMMERCIAL DISTRICT:

A. General Description: This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods. (2001 Code § 154.025)

B. Uses Permitted: Property and buildings in a C-2 General Commercial District shall be used only for the following purposes:

1. Any use permitted in a C-1 General Commercial District.

2. Amusement enterprises.

3. New automobile sales and services, new machinery sales and service, and public garages, provided no gasoline is stored aboveground; used automobile and machinery sales and service, and automobile and machinery repairing if conducted wholly within a completely enclosed building, but not including automobile or machinery wrecking establishments or junkyards.

4. Any of the following:

Advertising signs or structures.

Ambulance service, office or garage.

Auto court or tourist court.

Automobile retail gasoline service station.

Bait sales.

Bakery.

Bathhouse.

Boat sales.

Bus terminal.

Cleaning plant.

Clothing or apparel store.

Commercial school or hall.

Dance hall.

Department store.

Drive-in theater or restaurant.

Electric transmission station.

Feed and seed store.

Frozen food locker.

Funeral parlor or mortuary.

Furniture repair and upholstery.

Golf course, miniature or practice range.

Group housing facility.

Heating, ventilating or plumbing supplies, sales and services.

Ice storage locker plant or storage house for food.

Interior decorating store.

Kennel.

Key shop.

Laboratories, testing and experimental.

Laundry.

Leather goods shop.

Liquor store.

Museums.

Nightclub.

Novelty shop.

Outdoor advertising signs.

Pawnshop.

Pet shop.

Printing plant.

Recreation center.

Research laboratories.

Retail sale and dispensing of compressed natural gas (CNG) in compliance with "NFPA 52 Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems", 1992 edition and subsequent amendments thereto.

Roller skating rink.

Sign painting shop.

Stock and bond broker.

Storage warehouse.

Tavern.

Theater.

Travel trailer park.

Used automobile sales.

Veterinary clinic or animal hospital serving primarily small animals. Limited large animal services may be provided so long as the tract of land being used for such veterinary services exceeds one acre in area, does not abut any property classified as R-1 or R-2 Residential Districts, and so long as the use of the property does not create or become a nuisance, as defined by chapter 94 of this Code.

5. Buildings, structures and uses accessory and customarily incidental to any of the above uses; provided, that there shall be no manufacture, processing or compounding of products other than those that are customarily incidental and essential to retail establishments.

7. No article or material stored or offered for sale in connection with uses permitted under subsections B1 through B6 of this section shall be stored or displayed outside of a building unless it is so screened by permanent ornamental walls, fences or planting that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven feet (7') in height shall be required. (2001 Code § 154.025; amd. Ord. 1659, 9-5-2017)

C. Open Display Uses Permitted: The following uses shall be permitted in the C-2 General Commercial District; provided, that they comply with the additional provisions of subsection D of this section:

Automobile and machinery repair and service.

Boat sales and service.

Farm implement and machinery, new and used, sales.

Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales.

Mobile home and travel trailer sales.

Monument sales.

New and used automobile sales.

Nursery or garden supply store.

Prefabricated house sales.

Trailers for hauling, rental and sales.

D. Additional Requirements: The uses enumerated in subsection C of this section shall comply with the following provisions:

1. All open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level adjacent to the side or the rear of the lot on which said open storage or display occurs; provided, however, that screening shall not be required in excess of seven feet (7') in height. All planting shall be kept neatly trimmed and maintained in good condition at all times. Merchandise and materials which are not immediately and actively being offered for sale, in addition to complying with the above screening requirements, shall be so screened by ornamental fences or evergreen planting or by permanent buildings that it cannot be seen from a public street.

2. All yards, unoccupied with buildings or merchandise, or used as trafficways, shall be landscaped with grass and shrubs and maintained in good condition the year round.

3. All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

4. All servicing of vehicles carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

5. Driveways used for ingress and egress shall not exceed twenty five feet (25') in width, exclusive of curb returns.

6. Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.

E. Area Regulations: The area regulations for dwellings shall be the same as the requirements of the R-2 General Residential District. The following requirements shall apply to all other uses permitted in this district:

1. Front And Side Yards: There are no specific front or side yard requirements for uses other than dwellings.

2. Rear Yard: There shall be provided an alley, service court, rear yard, or combination thereof, of not less than thirty feet (30') in width.

3. Area For Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements set forth in section 154.049 of this chapter.

F. Height Regulations: The height regulations for dwellings and buildings accessory to dwellings shall be the same as those of the R-2 General Residential District. For other uses, no building shall exceed forty five feet (45') in height, except as provided in section 154.042 of this chapter.

G. Construction and Exterior Building Materials:

1. Predominant building exterior materials on the primary structure must be high quality, and used in their natural context and color. Masonry (stone, brick, decorative CMU and similar materials), Stucco, Vinyl Siding, Fiber Cement Siding or natural wood products must be used on at least fifty percent (50%) of the surface area of the exterior walls of the primary structure. In computing the fifty percent (50%) area for each wall, the portion of the wall containing windows, window frames, door and signs shall not be considered.

2. Alternatively, screening by fencing or shrubbery at least six (6) feet in height shall be allowed on any non-street facing exterior walls of the primary structure, in lieu of the materials listed in G(2), above. However, in no event shall the surface area of any street facing exterior wall of the primary structure be less than fifty percent (50%) covered by the materials allowed in G(2), above.

3. EIFS and BIPV may substitute for any of the allowable exterior building materials upon review by the building inspector.

4. T1-11 and other plywood based siding materials are prohibited.

5. Rooftops, roof coverings, awnings, gables and overhangs may be metal construction. (2001 Code § 154.025; amd. Ord. 1714, 2-22-2022)

154.026: I-1 RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT:

A. General Description: This industrial district is intended primarily for manufacturing and assembly plants and warehousing that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation facilities; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the general industrial district. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.

B. Uses Permitted: Property and buildings in an I-1 District shall be used only for the following purposes:

1. Any use, except residential use, permitted in a C-2 General Commercial District. No dwelling uses, except sleeping facilities for caretakers and night watchmen employed on the premises, shall be permitted. (2001 Code § 154.026)

2. Any of the following uses:

Book bindery.

Bottling works.

Candy manufacturing.

Clothing manufacturing.

Electrical equipment assembly.

Electronic equipment assembly and manufacture.

Engraving plant.

Food products processing and packing.

Furniture manufacturing.

Instrument and meter manufacturing.

Jewelry and watch manufacturing.

Laundry and cleaning establishment.

Leather goods fabrication.

Medical marijuana commercial grower, if conducted wholly within a completely enclosed building.

Medical marijuana processor, if conducted wholly within a completely enclosed building.

Optical goods manufacturing.

Paper products manufacturing.

Shoe manufacturing.

Sporting goods manufacturing.

Wholesale or warehousing enterprises. (2001 Code § 154.026; amd. Ord. 1670, 8-6-2018)

3. All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings, and shall not emit any dust or smoke, or noxious odor or fumes, outside of the building housing the operation, or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing at ground level.

4. Any other manufacturing and assembly plant which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.

C. Area Regulations: All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements:

1. Front Yard: All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty five feet (25') in depth.

2. Side Yard: No building shall be located closer than twenty five feet (25') to a side lot line.

3. Rear Yard: No building shall be located closer than twenty five feet (25') to the rear lot line.

4. Coverage: Main and accessory buildings and off street parking and loading facilities shall not cover more than eighty percent (80%) of the lot area.

D. Condition Of Open Space: All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

E. Height Regulations: No building or structure shall exceed forty five feet (45') in height, except as provided in section 154.042 of this chapter. (2001 Code § 154.026)

154.027: I-2 GENERAL INDUSTRIAL DISTRICT:

A. General Description: This industrial district is intended primarily for the conduct of manufacturing, assembling and fabrication. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air or street transportation facilities.

B. Uses Permitted: Property and buildings in an I-2 general industrial district shall be used only for the following purposes:

1. Any use, except dwellings, permitted in the C-2 commercial district or in the I-1 industrial district. No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in an I-2 industrial district.

2. Any of the following uses:

Building material sales yard and lumberyard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant.

Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.

Freighting or trucking yard or terminal.

Oil field equipment storage yard.

Public utility service yard or electrical receiving or transforming station.

3. No article or material permitted in subsection B2 of this section shall be kept, stored or displayed outside of a building unless it be so screened by fences, walls or planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level immediately adjacent to the lot on which the use is located; provided, however, that screening shall not be required in excess of seven feet (7') in height.

4. The following uses when conducted within a completely enclosed building:

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing.

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

Machine shop.

Manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like.

Manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, tobacco, wood, yarn and paint not employing a boiling process.

Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.

Manufacture of musical instruments, toys, novelties and rubber and metal stamps.

Manufacture of pottery and figurines, or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.

5. Buildings, structures and uses accessory and customarily incidental to any of the above uses.

6. The uses permitted under this section shall be conducted in such a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.

C. Area Regulations:

1. Front And Side Yard: There are no specific front or side yard requirements for uses in this district; provided, however, that a building shall set back a distance of not less than twenty five feet (25') from the side lot line that adjoins a dwelling district.

2. Rear Yard: Where a building is to be serviced from the rear, there shall be provided an alley, service court, rear yard, or combination thereof, of not less than thirty feet (30') in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater. In all other cases, no rear yard is required; provided, however, that a building shall set back a distance of not less than twenty five feet (25') from the rear lot line that adjoins a dwelling district.

3. Yard Area: Buildings shall be provided with a yard area adequate to meet the off street parking requirements set forth in section 154.049 of this chapter.

D. Height Regulations: No building shall exceed forty five feet (45') in height, except as provided in section 154.042 of this chapter. (2001 Code § 154.027)

154.028: I-3 INDUSTRIAL DISTRICT:

A. General Description: This district is intended for heavy industrial and commercial livestock trade facilities which require relatively large land areas and which cannot, in reasonably normal practices, be operated so that the noise, odor, dust and other emissions are confined totally on the premises, and uses which require access to railroad transportation and/or heavy truck ingress and egress.

B. Uses Permitted: Property and buildings in the I-3 industrial district shall be used only for the following purposes: (2001 Code § 154.028)

Any uses permitted under I-2 general industrial district.

Concrete batch plant.

Fabrication, sandblasting and painting of oil field and heavy industrial equipment and structural materials too large for conducting inside buildings.

Feed mills and processors.

Handling and storage of bulk chemicals and acids.

Handling and storage of bulk flammable petroleum products in liquid or gas forms.

Handling and storage of bulk materials used in oil field drilling and service operations, such as cementing and facturing materials.

Livestock handling and auction facilities, including large animal veterinary clinics.

Meatpacking plants which slaughter and/or process animals and/or animal carcasses for the primary purpose of providing a meat food product capable for use as human food.

Refinery or oil reclaiming or oil field fluids disposal facilities.

Uses accessory and customarily incidental to any of the permitted uses. (2001 Code § 154.028; amd. 2012 Code)

C. Regulations And Requirements:

1. No land use permitted by this section shall be conducted adjacent to any area zoned for residential purposes or C-O, C-M, C-1 or C-2 in this title.

2. The premises shall be totally enclosed by security fencing or other barriers designed to limit access to those employed or doing business on the premises.

3. No tanks or other storage facilities, buildings, conveyors, structures or loose piles of sand or other materials which can be moved by wind or water shall be placed closer than one hundred feet (100') to the property line, unless the property line is adjacent to railroad right of way. This subsection shall not apply to any building or structure used for offices or which would be a permissible use under I-1 or I-2 zoning, and then no closer than twenty five feet (25') to the property line.

4. The enterprise conducted on I-3 premises shall at all times be in compliance with all applicable federal and state statutes and the directives, rules and regulations of any federal or state governmental agency having jurisdiction over all or any part of such enterprise.

D. Height Restriction: No building or other structure shall exceed forty five feet (45') in height, except as provided in section 154.042 of this chapter. (2001 Code § 154.028)

154.029: PUD PLANNED UNIT DEVELOPMENT DISTRICT:

A. General Description: A "planned unit development" is defined as a residential land development plan which permits flexibility in building siting, mixtures of all types of attached and detached housing, usable open spaces, and the preservation of significant natural features.

B. Uses Permitted: The only use permitted shall be planned unit development.

C. Certificate Of Compliance From Planned Unit Development Board:

1. Required: Before an area is considered for rezoning by the metropolitan area planning commission, or by the city commission, the planned unit development board must issue a certificate certifying that the proposed planned unit development complies with the planned unit development code.

2. Review By Board: The proposed planned unit development shall be reviewed by the planned unit development board, with the applicant to supply all documents, plans, plats, maps and reports deemed necessary and requested by the board.

3. Compliance; Issuance Of Certificate: Upon review, if the planned unit development board finds that the planned unit development complies with the planned unit development code, then the board shall issue a certificate certifying the same to the metropolitan area planning commission.

4. Noncompliance; Notice Of Rejection: Upon review, if the planned unit development board finds that the planned unit development does not comply with the planned unit development code, then the board shall issue a notice of rejection to the applicant, detailing the specific areas of noncompliance.

D. Subsequent Plats And Building Plans Limited Variance: All plats and building plans submitted subsequent to the issuance of certificate of compliance and to the zoning of an area as PUD shall be in strict compliance with the planned unit development code and in substantial compliance with the certified planned unit development. (2001 Code § 154.029)

154.030: CH RESIDENTIAL CLUSTER HOUSING:

A. General Description:

1. Cluster housing is designed to encourage a unitary site development plan for dense single-family and multi-family residential development. The concept of cluster housing involves small minimum lot sizes on tracts of land developed as single entities for residential purposes. The cluster housing regulations specifically encourage innovation so that the growing demands for housing may be met by greater variety in type, design and setting of dwellings and by the conservation and more efficient use of land. The principal use of this district is for cluster housing.

2. The residential cluster housing district is to provide controlled development of closely spaced, residential buildings with individual design characteristics and appearances, flexibility in design and more variety in residential development.

3. The residential cluster housing district shall be used to promote development when one of the following property conditions exist on a portion of that property:

a. Marginal environmental area, i.e., officially designated floodplains, excessive slopes, subsidence areas and other areas deemed environmentally marginal;

b. Transition area. Where a demonstrated need exists to separate single-family dwellings from commercial establishments; or

c. Other area. The planning commission may designate and approve other areas as residential cluster housing districts subject to the final approval of the city council and consistent with good zoning and planning practices.

4. This district will provide more efficient allocation of parks, recreation areas and open space. In order to encourage more attractive site planning and building appearances, the controls provided for in the site plan requirements and subdivision requirements are flexible in nature. All structures within this district shall meet the minimum firewall regulations set forth in adopted city building and fire codes.

B. District Defined: A "cluster housing project" is one in which each dwelling unit is owned separately and in which dwelling units are in detached structures or in multiplexes accommodating no more than four (4) attached dwelling units.

C. Uses Permitted: Residential cluster housing shall be used for the following purposes: (2001 Code § 154.030)

Accessory buildings and uses customarily incidental to the permitted uses.

Cluster housing.

Off street parking necessary and incidental to residential occupancy of the property.

Private swimming pool, tennis court and other similar facilities in conjunction with the residence. (2001 Code § 154.030; amd. 2012 Code)

D. Location:

1. Marginal Environmental Area:

a. Cluster housing "CH" projects shall be located on property which is partially within a marginal environmental area. Such marginal environmental areas will include:

(1) Officially designated floodplains;

(2) Excessive slopes;

(3) Subsidence areas; and

(4) Other areas deemed environmentally marginal.

b. Residential cluster housing projects shall utilize that portion of the property defined as an environmental marginal area as common, open or green space for recreational purposes only. No dwellings, accessory buildings, streets or development of any type other than recreational purposes shall be allowed within the boundary of the environmental marginal area. All environmental marginal areas will be plainly delineated on the development plans and preliminary plat for residential cluster housing projects.

2. Transition Area: Residential cluster housing projects shall be located on property which separates residential districts from commercial districts. A demonstrated need must exist for such a residential cluster housing separation between a single-family residential district and a commercial district. It shall be the responsibility of the developer to demonstrate such a need for the separation; and

3. Other Area: Cluster housing "CH" projects shall be located on property considered appropriate by the planning commission and consistent with good zoning and planning practices. Final approval shall be subject to the city commission.

E. Area Regulations: Area regulations are as follows:

1. Site Size: The residential cluster housing residential dwelling districts shall not be allowed on tracts of land less than five (5) contiguous acres.

2. Intensity Of Use: In no case shall there be more than eight (8) dwelling units per acre.

3. Coverage: Main and accessory buildings shall not cover more than ninety percent (90%) of each lot of the cluster housing development. Twenty five percent (25%) of a residential cluster housing development's acreage shall be dedicated to open space, common areas or green areas suitable for recreational use with maintenance and operation provided by the property owners' association.

4. Lot Size: Lots shall have a minimum width of forty feet (40') at the building line. A minimum of two thousand (2,000) square feet shall be within each lot.

5. Setback Requirements:

a. Front Yard: All buildings shall be set back from the street right of way line a minimum of ten feet (10').

b. Side Yard:

(1) There shall be a minimum of ten feet (10') between each single-story dwelling structure. Two-story dwelling structures shall require a minimum of fifteen feet (15') between dwelling structures. All allowed multiplex structures shall provide sidewalls which are fireproof and meet or exceed the city building and fire codes.

(2) On any corner lot, a building shall be set back a minimum distance of ten feet (10') from both street right of way lines.

(3) When a lot abuts another dwelling district, the building on such lot shall have a side yard setback minimum of ten feet (10') from the side property line abutting the zone.

c. Rear Yard:

(1) There shall be a rear yard setback of not less than fifteen feet (15'), whether privately owned or designated as common area; and

(2) Where a rear lot line abuts another dwelling district, there shall be rear yard setback of not less than fifteen feet (15') from the rear lot line abutting the zone.

F. Height Regulations: No building shall exceed two and one- half (21/2) stories or thirty five feet (35') in height.

G. Fire Regulations: All cluster housing shall meet the minimum firewall regulations and requirements set forth in the current adopted city building and fire codes. The placement and construction of firewalls shall first be approved by the fire marshal and the building inspector. No wooden shingles shall be allowed in residential cluster housing developments.

H. Open Space, Common Areas Or Green Areas: Twenty five percent (25%) of a residential cluster housing development's acreage shall be dedicated to open space, common areas or green areas suitable for recreational use with maintenance and operation provided by the property owners' association. Land under private group or unit ownership (property owners' association) shall be used for open recreation space in this district when designated as open space, common area or green area on a plat, provided:

1. The agreements, provisions or covenants which govern the use, maintenance and continued protection of the space are submitted for approval with the final plat; and

2. Upon approval of the final plat, there shall be an easement recorded in the county clerk's office, running with the land to the unit, or group responsible for the area, limiting uses of such space to an open area without buildings or structures for which a building permit is required and which easement shall not be revoked without consent of the city commission.

I. Private Streets: Commonly owned streets, herein referred to as "private streets", shall be constructed pursuant to the regulations of chapter 153 of this title, however, said streets within this district are allowed to have a forty foot (40') street right of way.

J. Building Inspector Conference:

1. The landowner/developer shall confer with the building inspector no later than thirty (30) days prior to the date of the metropolitan area planning commission meeting in which the development is to be considered.

2. The subject of the conference shall be for the purpose of informing the building inspector of the development concept and to familiarize the owner/developer with the residential cluster housing development process before entering into binding contracts or incurring substantial expense in the preparation of plans.

3. At this conference, a concept plan shall be required. The concept plan shall show:

a. The applicant's entire legal ownership;

b. The location of the proposed roadway system, including all rights of way;

c. The general location of proposed storm sewers and drainage easements, to include floodplain information;

d. The location of any land intended for public or semipublic purposes;

e. The general location and type of residential dwelling units;

f. A proposed treatment of the perimeter of the development; and

g. The location of the marginal environmental area, if any, and its relationship to the project.

4. In addition to the concept plan, a tabular summary of the following is required:

a. The relative percentage of each proposed dwelling unit type and a total of the square footage proposed for floor area and coverage;

b. A calculation of the residential density in terms of dwelling units per gross acre (including interior roadways); and

c. In the administration of the regulations, the term density refers to the gross density of the tract unless otherwise indicated. The gross density refers to the number of dwelling units per unit of land (acre) and refers to all land under the ownership of the applicant.

5. No later than two (2) weeks after the preapplication conference, the building inspector will submit written comments to the applicant concerning the development of the subject tract. The comments will be confined to the general conceptual merit of the proposal and will in no way commit any further acceptance or rejection of the detailed design elements required in the later site plan review stage.

K. Application Process:

1. The formal submittal shall occur as a request for a cluster housing development and shall be accomplished by all the normal requirements of a rezoning application. Also, a site development plan with supporting maps and written documents shall accompany the rezoning request.

2. The plan of development shall consist of the following maps drawn to a scale of not less than one hundred feet equal to one inch (1" = 100'), which shows topographic characteristics of the site at a contour interval of not more than two feet (2') and written documents as follows:

a. A map of existing site conditions including watercourses, floodplains, existing buildings and structures, and existing vegetation.

b. A site development plan which shows the location and dimensions of proposed buildings, yards, courts, landscaping, pedestrian and vehicular circulation and parking, fences and screening; service areas and service courts; the use of each building and area; and the height of buildings.

c. A site development plan which shows the location of the marginal environmental area, if any, and its relationship to the project.

d. A general landscaping plan that indicates materials to be used for open space areas and to be used along the perimeter of the development. Other treatment of the perimeter, such as walls and fences should be shown on this map.

e. The following quantitative data shall be provided:

(1) The total number and type of dwelling units;

(2) The size of each lot;

(3) The floor area and coverage of each building; and

(4) The total amount of open space provided.

3. A preliminary plat shall accompany the rezoning request. The preliminary plat shall conform to these regulations and the city subdivision regulations as they apply and shall be presented separate from the required site development plan and supporting maps.

4. Upon submittal of a proper application and preliminary plat, the request for rezoning shall be considered by the metropolitan area planning commission, which shall recommend adoption or rejection of the proposal. The planning commission's recommendation for adoption may include desirable revisions to be incorporated in the site development plan, with which conformance with shall be considered a condition of approval. Such recommendations shall be limited to siting and dimensional details within general use areas. Significant alterations to the site development plan, as condition for approval, shall be resubmitted at the next meeting of the planning commission.

L. Final Plat:

1. A final plat must be submitted within twelve (12) months of the approved date of the rezoning. The preliminary plat and approved site development plan for cluster housing development shall become null and void after twelve (12) months if no final plat is submitted.

2. The final plat shall be in substantial compliance with the approved site development plan. The plat shall not be deemed in substantial compliance so long as one or more of the following changes are involved:

a. Vary any lot area as indicated on the preliminary plat by more than ten percent (10%);

b. Increase the area covered by buildings on any lot as depicted by the site development plan by more than five percent (5%);

c. Realign any street, pedestrianway or bicycle path; or

d. Change the location of any building or structure by more than ten feet (10') in any direction.

3. The contents of the final plat shall conform to requirements of section 153.56 of this title.

4. Each individual lot and block contained in the filed final plat of a cluster housing development shall be subject to the provisions of the approved site development plan regarding the specific allowed coverage and floor area. Whenever the ownership of individual development parcels is transferred, the legal public restrictions of the site development plan pertaining to the development parcels shall be included as a part of the private covenants.

5. The planning commission shall act upon the final plat within forty five (45) days after it has been submitted for final approval. This approval and the date thereof shall be shown on the plat over the signature of the planning commission chairperson or secretary member. Unless stipulation for additional time is agreed to by the subdivider, and if no action is taken by the planning commission at the end of forty five (45) days after submission, the plat shall be deemed to have been approved. If the final plat is disapproved, grounds for this refusal shall be stated in writing, a copy of which shall be transmitted with the tracing and prints to the applicant. The reasons for disapproval shall refer specifically to those parts of the general plan or ordinance or regulation with which the plat does not comply.

6. Before recording the final plat, the plat and the request for rezoning shall be submitted to the city commission for approval and for acceptance of public streets, alleys and utility easements, and land dedicated to public use. This approval of the plat shall be shown over the signature of the mayor and properly attested. The disapproval of any plat or plan by the city commission shall be deemed a refusal of the proposed dedications shown thereon.

7. After final approval of the plat and the affixing of all required signatures on the original tracing, the subdivider shall provide the planning commission with two (2) dark line prints thereof, and one contact reproducible cloth tracing. The applicant shall file the original tracing, one dark line print on cloth, and one contact reproducible tracing on cloth or film with the county clerk. (2001 Code § 154.030)