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Section
General Provisions
159.001 Title
159.002 Definitions
159.003 Purpose; nature of regulations
159.004 Scope
159.005 Creation of districts
159.006 Official map
District Regulations
159.020 Residential districts
159.021 Planned unit developments
159.022 Commercial districts
159.023 Industrial districts
159.024 Special districts
159.025 Additional district regulations
General Regulations
159.035 Off-street parking
159.036 Residential parking restrictions
159.036.1 Open display
159.037 Fences
159.038 Use of residential structures for commercial purposes
159.039 Development of substandard lots
159.040 Hierarchy of districts
159.041 Permitted and new uses
159.042 Nonconforming structures and uses
159.043 Annexation of new area
159.044 Special permit uses
Administration and Enforcement
159.055 Public hearings; notification
159.056 Application for rezonings; hearings; notification
159.057 Council procedures for rezoning hearings
159.058 Comprehensive plan review
Planning and Zoning Commission
159.070 Creation and membership
159.071 Organization, meetings and the like
159.072 Powers and duties
Board of Adjustment
159.085 Creation and membership
159.086 Organization, meetings and the like
159.087 Powers and duties
159.088 Applicants to the Board
159.089 Stay of proceedings on appeal
159.090 Time and notice of hearings; minor variances
159.091 Rules of decision
159.092 Hearing procedures
159.093 Rehearings
159.094 Appeals to the District Court
Appendix A: Lot Standards
Appendix B: Sight Triangles
Appendix C: Yard Standards
Appendix D: Permitted Uses
(A) This chapter shall be known and may be cited as the “Zoning Chapter of the City of Bethany.”
(B) It is enacted pursuant to the authority granted by the State Legislature and the Charter of the city.
(Prior Code, § 13-601)
Statutory reference:
Authority to adopt ordinances regulating zoning; zoning ordinance requirements, see 11 O.S. §§ 43-101 to 43-109
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY.
(1) When used in combination with the following words:
(a) BUILDING(S). An attached or detached building(s) containing an accessory use and located on the same lot as the primary building, provided all accessory buildings on a lot shall not exceed in size the greater of 50% of the gross floor area of the primary building or 10% of the total recorded lot area of the lot on which the primary building is located.
(b) USE(S). A use(s) on the same lot as the primary use which is different from and customarily associated with the primary use, and which use has dedicated to it not more gross floor area than permitted in division (a) above.
(2) Examples, not inclusive:
Primary Building and Use | Accessory Building and Use |
Dwelling-Habitation | Carport-Vehicle Storage |
Dwelling-Habitation | Workshop-General |
Dwelling-Habitation | Greenhouse-Cultivation |
Dwelling-Habitation | Dwelling-Home Occupation |
ADULT DAY CARE CENTER. A facility which provides basic day care services to unrelated, impaired adults for more than four hours in a 24-hour period. A CENTER shall be a distinct entity, either freestanding or a separate program of a larger organization. A CENTER shall have a separately verifiable staff, space, budget, and participant record system. ADULT DAY CARE CENTER does not include retirement centers and senior citizen centers.
ALLEY. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
BOARDING HOUSE. A dwelling other than a hotel where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for 3 or more, but not exceeding 20 persons, on a weekly or monthly basis.
BUILDING. Any structure intended for shelter, housing or enclosure for persons, animals or chattel.
BUILDING, PRIMARY. A building in which is conducted the principal use of the lot on which it is situated. In residential districts, any dwelling shall be deemed to be a primary building on the lot on which it is situated.
CARPORT.
(1) When used in the context of § 159.025, means any accessory building constructed in conjunction with the use of a single-family or two-family dwelling and which is:
(a) Over a paved driveway;
(b) Abutting the dwelling to which it is accessory;
(c) Unenclosed, except for the one side abutting the dwelling;
(d) No more than 25 feet in total length, both within and outside the front setback; and
(e) No wider than 12 feet for a single garage and/or driveway or no wider than 24 feet for a double garage and/or driveway.
(2) No more than one carport shall be permitted for each dwelling unit.
COVERAGE. The ratio of the gross floor area of all buildings on a lot, including the area covered by all overhanging roofs in excess of two feet, to the lot area.
DAY-CARE CENTER. Family day-care homes and nurseries, as those terms are defined and regulated in Chapter 112.
DISTRICT. A zoning district created herein.
DORMITORY. A building reserved exclusively for and occupied as the temporary residence of individuals enrolled in an accredited public or private educational institution which owns the building. General kitchen and eating facilities may be provided for the primary use of the occupants of the building, provided the main entrance to these facilities is from within the building.
DWELLING. Any building or portion thereof, which is designed or used as living quarters for one or more families, but not including trailer homes.
DWELLING, MULTIPLE-FAMILY. A dwelling designed to be occupied by three or more families living independently of each other, exclusive of hotels or motels.
DWELLING, SINGLE-FAMILY. A dwelling designed to be occupied by one family.
DWELLING, TWO-FAMILY. A detached dwelling designed to be occupied by two families living independently of each other.
DWELLING UNIT. One room or a suite of two or more rooms designed for and used by one family for living and sleeping purposes and having one kitchen or kitchenette.
FAMILY. One or more persons related by blood, marriage or adoption, or a group of not to exceed five persons not all related by blood or marriage, living together as a single housekeeping unit in a dwelling unit and maintaining and using the same housekeeping facilities in common.
FENCE.
(1) A structure, wall or hedge, erected or grown for the purpose of dividing open space, delineating boundaries, enclosure or preventing passage or sight.
(2) The height of fences shall be determined as follows:
(a) Measurement to be taken from the highest elevation contiguous to the fence from the base to the top;
(b) The fence is to follow the topography and is measured accordingly;
(c) Decorative posts are to be excluded from measurement; and
(d) Planter boxes built to effectively lower the height of the fence will be included in the measurement.
GARAGE, PARKING. Any building or portion thereof used for the storage of four or more vehicles for profit, hire or otherwise involving compensation in which any servicing is an accessory use but where repair facilities are not provided.
GARAGE, PRIVATE. A building used for storage purposes only for vehicles used solely by the occupants and their guests of the building to which it is accessory.
GARAGE, REPAIR. A building in which are provided facilities for the care, servicing, repair or equipping of vehicles.
GASOLINE SERVICE STATIONS. The land and buildings or structures thereon used for the retail sales of gasoline, oil fuels and vehicle accessories, and accessory uses exclusive of painting, major repair or the sale of butane or propane fuels.
GROSS FLOOR AREA. The sum of all horizontal areas of all of the floors of a building as measured from the facade of exterior walls or from the centerline of common walls separating buildings and including, but not limited to the following spaces:
(1) Basements;
(2) Elevator shafts and stairwells at each floor;
(3) Floor space for mechanical equipment with structural head room of seven feet or more;
(4) Penthouses;
(5) Attic space providing head room of seven feet or more;
(6) Interior balconies, mezzanines and enclosed covered porches and enclosed steps; and
(7) Accessory uses in the building exclusive of parking garages.
HEIGHT. The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof or to the average height of the highest gable of a pitch or hip roof.
HOME OCCUPATION. A business which is carried on in a dwelling unit provided that:
(1) The business shall be restricted to the providing or performance of services. No on-site wholesale or retail sales shall be permitted.
(2) The following businesses shall not be eligible for classification as a HOME OCCUPATION:
(a) Beauty or barber shop;
(b) Nursing home or clinic;
(c) Doctor's or dentist's office;
(d) Day-care center; or
(e) The repair of vehicles owned by someone other than the occupant.
(3) No person other than members of the family residing on the premises shall be engaged in the business.
(4) The home occupation shall have dedicated to its use not more than 20% of the gross floor area of the dwelling unit.
(5) The home occupation shall not be conducted in an accessory building.
(6) No mechanical equipment shall be used in the business, except for such as is normally used for domestic purposes.
(7) There shall be no change in the outside appearance of the dwelling unit or any other aspect of the premises which would provide visible evidence of the conduct of the home occupation other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the dwelling unit.
(8) There shall not be more than one customer vehicle at a time parking off-street and no customer parking shall be permitted in the street right-of-way.
(9) A license shall be obtained and a tax paid, as required in § 110.02.
HOTEL or MOTEL. A building or group of buildings under one ownership reserved primarily for and occupied as the temporary abiding place of transients for compensation, exclusive of mobile home or recreational vehicle parks, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.
KENNEL. Any premises wherein any person, firm, corporation, or other legal entity engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
LOT. A parcel of land the location, size and dimension of which are determined according to the most recent document legally filed of record pertaining to the same.
LOT AREA. The horizontal area included within lot lines, exclusive of any property over which there is an easement for flood control and/or drainage purposes. This exclusion shall not apply to lots platted prior to December 13, 1973.
LOT, CORNER. A lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of the two sides is less than 135 degrees.
LOT DEPTH. The minimum distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The boundaries of a lot and the boundaries shall be conterminous with right-of-way lines for those portions of a lot which abut a street or alley.
LOT WIDTH. The minimum distance between the side lot lines, measured at the front yard setback line, except where specifically otherwise provided.
MOBILE HOME. The meaning given in Chapter 152 of this code of ordinances, whether used as a dwelling unit or not.
NET FLOOR AREA. The gross floor of the building less non-public and non-work spaces, such as storage rooms, hallways, warehouses, utility closets or restrooms.
NONCONFORMING. When used in combination with the following words:
(1) STRUCTURE. A structure in noncompliance with applicable setback, coverage or height regulations but which, on the effective date of this chapter, lawfully occupied the lot on which it is situated.
(2) USE. An activity carried on in noncompliance with applicable district regulations but which, on the effective date of this chapter, lawfully occupied the lot on which it is conducted.
NURSING, CARE FACILITY, CONVALESCENT, OR REST HOME. All those facilities required to be licensed under the Oklahoma Nursing Home Care Act (63 O.S. §§ 1-1902 et seq.) to provide resident nursing care facilities, and the definitions within the Oklahoma Nursing Home Care Act shall be used in interpreting the provisions of this chapter. Drug and/or alcohol abuse treatment facilities are excluded from this definition.
PARKING AREA. A permanently surfaced area, enclosed or unenclosed, sufficient in size to store vehicles together with a permanent surfaced driveway connecting all parking spaces with a street or alley.
PARKING SPACE. A permanently surfaced area enclosed or unenclosed, being 8½ feet in width and 18 feet in depth and intended for the parking of vehicles.
PARKING SPACE, OFF-STREET. A parking space not on or extending over any public easement or right-of-way.
ROOMING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 20 persons. A building which has accommodations for more than 20 persons shall be a hotel, as defined herein.
SCHOOL, PUBLIC. Consists of all free schools supported by public taxation, and shall include nurseries, pre-schools, kindergartens, elementary and secondary schools, and technology center schools, not to exceed two years of junior college work, and such other schools, classes, and instruction as may be supported by the public.
SELF-SERVICE LAUNDRY or DRY CLEANING ESTABLISHMENT. Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from or dry cleaning wearing apparel, cloth fabrics and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.
SETBACK. The minimum yard specified.
SIGHT TRIANGLE. The area formed by measuring from the point of intersection of two lot lines a distance of 25 feet along each lot line and connecting the points so established to create a triangle with at least one side abutting street right-of-way.
STORY.
(1) The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
(2) A basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed in the premises.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A HALF STORY containing living quarters shall be counted as a full story.
STREET. Any public or private thoroughfare which affords the principal means of access to abutting property.
STREET, INTERSECTING. Any street which joins another street at an angle, whether or not it crosses the other.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.
TEMPORARY EMPLOYMENT SERVICES - DAY LABOR BUSINESS. Any enterprise engaged in procuring temporary employment for individuals who arrive and/or wait at the premises in which the temporary employment business is located on a regular basis for work assignments or transportation to a work site.
VEHICLE. A self-propelled mechanical device designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, buses and motorcycles.
WAREHOUSE. A building or portion thereof used for storage of any merchandise, stock, furnishings or vehicles of a business of any kind, except that of storage area operated in conjunction with a retail business located on the same property shall not be a warehouse.
WAREHOUSE, MINI. A building or portion thereof used exclusively for storing the excess personal property of an individual or family when such is not located on the lot with their residence, such as a passenger automobile, house trailer, motorcycle, boat, camper or other items of personal property generally stored in residential accessory buildings, exclusive of any merchandise, stock, furnishings or business vehicles of any kind.
YARD. A space at grade between a building on a lot and the adjoining lot line as measured by the shortest horizontal distance between the lot line and the primary building.
YARD, FRONT. The yard extending across a lot between the side lot lines and established according to the first one of the conditions below which applies, the conditions being prioritized in descending order.
(1) For planned or existing commercial or industrial uses, it is the yard adjacent and parallel to a major street or expressway if the lots abut such a facility;
(2) It is the yard adjacent and parallel to the street upon which the lot has its shortest dimension; or
(3) It is the yard indicated as the front on the subdivision plat filed of record.
YARD, MINIMUM. The smallest yard that shall remain unoccupied, unobstructed and without infringement by any structure on a lot.
YARD, REAR. The yard(s) at the opposite end of the lot from the front yard and extending across the lot between the side lot lines.
YARD, SIDE. All yards on a lot other than front and rear yards and extending across the lot between the front and rear lot lines.
USABLE OPEN SPACE. The portion of a lot which is open; not allocated to off-street parking spaces, parking areas, streets or any public dedication and unoccupied and unobstructed, provided that patios, natural landscaping and recreational facilities shall not be deemed obstructions.
(Prior Code, § 13-602) (Ord. 1211, passed 4-20-82; Am. Ord. 1253, passed 10-4-83; Am. Ord. 1452, passed 10-3-89; Am. Ord. 1508, passed 1-18-94; Am. Ord. 1673, passed 7-2-02; Am. Ord. 1687, passed 11-5-02; Am. Ord. 1753, passed 6-21-05; Am. Ord. 1758, passed 1-17-06; Am. Ord. 1759A, passed 2-7-06)
(A) The regulations contained in this chapter are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; and to create a stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities and other facilities. In interpreting and applying the provisions herein, they shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare.
(B) The regulations contained herein divide the town into zoning districts and regulate therein the use of the land, buildings and structures, the size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings and the density of population, within the corporate limits of the city.
(Prior Code, § 13-603)
(A) Except as otherwise provided, no land shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged any manner, except in conformity with the regulations contained herein or intended to be used or maintained for any purpose or in
(B) Nothing in this chapter shall be construed to apply to telephone exchange buildings.
(Prior Code, § 13-604)
(A) The following residential districts are established:
(1) A, agricultural. This district is designed to protect specific areas within clear zones of Wiley Post Airport where development should remain non-existent and other peripheral areas in which development should be controlled.
(2) R-1, residential one-family. This is the most restrictive residential district. The primary 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.
(3) R-2, residential two-family. This is a residential district to provide for a slightly higher population density but with basic restrictions similar to the R-1 district. The primary use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through the consideration of the proper functional relationship of the different uses.
(4) R-M, residential multiple-family. Multiple-family dwellings must be developed, due to their location, with maximum compatibility to the surrounding area in which they are located in regard to quality, architectural design and physical orientation. Extensive screening and usable open space will be incorporated into this multi-family usage to maintain the integrity of adjacent living units instead of distracting or decreasing the important life style of the single-family dwelling.
(5) PRD, planned residential development. This district provides an alternate approach to conventional residential land use controls. It may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a master development plan. The intent and purposes of the PRD district are to:
(a) Encourage innovative residential land development while maintaining appropriate limitations on the character and intensity of use, assuring compatibility with adjoining and proximate properties and following the guidelines of the comprehensive plan;
(b) Permit flexibility within the development to maximize the unique physical features of the particular site;
(c) Facilitate economic arrangement of buildings and circulation systems and reduce future public maintenance costs;
(d) Achieve a continuity of function and design within the development while encouraging diversified residential uses on a single site;
(e) Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety and welfare of the community;
(f) Simplification of the procedure for obtaining approval of innovative residential developments through simultaneous review by the city of proposed land use, site consideration, lot and setback considerations and public health and safety needs.
(6) MHP, mobile home park. This is a residential district to be occupied by mobile homes.
(B) The following commercial districts are established:
(1) C-O, commercial office. The district provides for office buildings, accessory uses and restricted commercial activities. Buildings and premises in this district shall be used only for the purposes set forth and no article or material shall be kept, stored or displayed outside of a building.
(2) C-R, commercial restricted. This district is intended for the conduct of retail trade and personal service enterprises to meet certain regular needs of the community. It does not, however, permit outside display of merchandise nor does it allow for certain uses which involve the use of heavy equipment, repair of motor vehicles or equipment or certain other retail uses which are allowed in the commercial general district.
(3) C-G, commercial general. Intended for the conduct of general trade and personal service enterprises, this district meets certain regular needs and is for the convenience of residents of the community. Persons living in the community require direct and frequent access to this district. Therefore, this district should not be located in areas which will affect the internal stability of residential areas. Traffic generated by uses permitted in this district will primarily be passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.
(4) C-H, commercial highway. This unrestricted commercial district is intended to provide suitable locations for those commercial activities appropriate to location and dependent on N.W. 39th Expressway. These activities typically require direct auto traffic access and visibility from the road, and therefore shall be located only in the vicinity of N.W. 39th Expressway or the service drives thereof.
(5) CBD, central business. The district is designed to be the central business district or downtown shopping center for the community and surrounding trade area as delineated in the comprehensive plan. The area is further defined as properties in and closely surrounding the original townsite of Bethany. This district is intended to provide space for retailing, professional offices, financial institutions, governmental offices, amusement facilities and transient residential facilities.
(C) The following industrial districts are established:
(1) I-L, industrial light. This is intended primarily for manufacturing and assembly plants 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.
(2) I-H, industrial heavy. This district is intended primarily for the conduct of heavier manufacturing, assembly and fabrication and for wholesale and service uses. These do not depend primarily on frequent personal visits of customers or clients, but may require good accessibility to major rail, air or street transportation uses.
(D) The following special district is established: E-I, educational and institutional. This district is established to provide a location for institutional uses of a public or quasi-public educational, medical, religious or eleemosynary nature, which requires a complex of buildings developed on a campus where maximum flexibility of density and use of buildings and facilities is desirable.
(Prior Code, § 13-610) (Am. Ord. 1421, passed 4-19-88; Am. Ord. 1225, passed 9-21-82)
(A) Zoning districts as designated shall be bounded and defined as shown on a map entitled “Zoning Map of the City of Bethany,” which is on file in the office of the City Clerk.
(B) The zoning map and all explanatory material thereon are incorporated by reference and made a part of this chapter.
(Prior Code, § 13-611)
(A) Except as otherwise specifically provided in this chapter, all use of land, development or structures in residential districts shall conform to the requirements set forth below.
(B) Residential districts' regulations are set forth in the appendices of this chapter.
(C) All properties zoned R-MO, residential multiple unit ownership, on or before November 1, 1985, may continue to be occupied and governed by the permitted uses and area regulations in that district as of the date, but thereafter, no property shall be rezoned to R-MO.
(D) All properties zoned PRD, planned residential development on or before August 8, 1994, may continue to be occupied and governed by the permitted uses, area regulations and stipulations specified on the date of their approval.
(Prior Code, § 13-612)
(A) (1) It is the intent of this section to encourage developments with a superior built environment brought about through unified development and to provide for the application of design ingenuity in the developments while protecting existing and future surrounding areas in achieving the goals of the comprehensive plan of the city.
(2) The planned unit development, herein referred to as PUD, is a special zoning district category that provides an alternative approach to conventional land use controls. The PUD district herein established is intended to provide for greater flexibility in the design of buildings, yards, courts, circulation and open space that would not be possible through the strict application of other district regulations. In this way, applicants may be awarded certain premiums in return for assurances of overall planning and design quality, or which will be of exceptional community benefit and which are not now required by other regulations.
(4) The PUD regulations are designed to provide for small and large scale developments incorporating a single type or a variety of residential, commercial, industrial and related uses which are planned and developed as a unit. The development may consist of individual lots or it may have common building sites.
(5) The PUD is subject to the herein described review procedures, and once approved by the City Council, it becomes a special zoning classification for the property it represents.
(6) The specific purposes of the PUD are to:
(a) Encourage comprehensive and innovative land development with appropriate limitations on the character and intensity of use that assures compatibility with surrounding uses compatibility with surrounding uses and achieves the goals and objectives of the comprehensive land use plan;
(b) Encourage more efficient use of land capitalizing on optimum arrangements of buildings and uses thereby reducing infra-structural costs without sacrificing quality of service;
(c) Permit flexibility within the development maximizing the unique physical characteristics of the site and respecting the natural features of the area;
(d) Achieve a continuity of function and design within the development and in relation to surrounding areas;
(e) Provide a maximum choice of dwelling units and arrangements responsive to consumer demands; and
(f) Provide a mechanism for mitigating possible negative impacts of new development in transitional areas where traditional requirements are not adequate.
(7) In addition to zoning districts established elsewhere in this chapter, a PUD zoning district is established and shall be designated on the zoning district map, upon application of the landowner and final approval by the City Council. In order to increase creativity and flexibility in the development of areas suitable for a PUD, there are no specifically prescribed uses which are permitted within the boundaries of a PUD. However, the PUD shall conform to the goals and policies of the comprehensive plan.
(Prior Code, § 13-613) (Ord. 1275, passed 2-7-84; Am. Ord. 1517, passed 8-8-94)
(B) (1) The PUD application process shall consist of the following phases:
(a) Pre-application conference. Before submitting an application for any PUD, the landowner or his or her authorized agent shall confer with city staff in order to become familiar with the PUD review process. The purpose of the pre-application conference is to make sure that the applicant has, or will be able to submit, the necessary information for filing the application. The intent of this conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of detailed plans, surveys and other data required in a preliminary development plan. At the conferences, the applicant shall submit a site plan and other narrative or other graphic information the applicant deems pertinent to the city's initial review and evaluation of the potential of the PUD proposed. The pre-application plan shall include the following:
1. Boundaries and dimensions of the property involved;
2. Existing zoning of the area and zoning of adjoining properties;
3. Existing roadways, easements and waterways;
4. A general plan of development at a level of detail sufficient to indicate to the city the nature and scope of the project as to its magnitude in terms of approximate number and types of dwelling units, location and extent of non-residential elements, proposed locations of major open space area and major circulation facilities;
5. Proposed treatment of the perimeter of the PUD; and
6. A listing of all uses proposed for the PUD and their square footage in relation to the development as a whole.
(b) Conceptual review. This phase is optional and allows the developer to present the proposal to the Planning Commission in a public hearing setting. The input gained at this meeting may prove valuable to the developer especially in instances where mitigation is necessary to satisfy concerns from abutting property owners.
(c) Preliminary development plan. After receiving written comments following the pre-application process and conceptual review, the applicant may proceed in preparing a formal application for a PUD. The application shall consist of a simultaneous submission of a master plan, preliminary plat and rezoning application. All three elements must be submitted in entirety before a formal review can be conducted.
1. Master plan. The master plan shall consist of a written design statement and a physical development plan.
a. Written design statement shall consist of the following:
i. Title of the PUD;
ii. Name, address and telephone numbers of the property owner(s) and all developers, engineers, and architects who will be responsible for the various phases of the PUD;
iii. Statement describing the general character of the development and the rationale used in determining design and layout;
iv. Justification of how this design and layout will enhance and blend in with surrounding properties;
v. A development schedule indicating approximate dates of construction and completion of all phases of the PUD and any intentions of sales or leasing of portions of the PUD if applicable;
vi. Description of the PUD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a list of permitted uses or use groups permitted within the PUD, proposed restrictions and typical site layouts;
vii. A list of all special development regulations or the conventional zoning district regulations which will be applicable, plus a list of requested variations to the subdivision regulations or other applicable development regulations;
viii. A statement on the existing and proposed streets, including right-of-way standards and street design concepts;
ix. The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover and drainage information;
x. A statement of utility lines and services to be installed, including which lines will be dedicated to the city and which will remain private;
xi. The proposed densities, and the use types and sizes of structures; and
xii. A description of the proposed sequence of development.
b. Physical development plan shall consist of the following:
i. Three copies of the plan shall be submitted on paper measuring 24 inches by 36 inches, including a small scale vicinity map drawn to scale (scale indicated) and directionally oriented, the scale to be as large as possible in order to indicate as much detail as possible;
ii. Proposed lot lines;
iii. Existing and proposed circulation system of all streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, ingress and egress;
iv. Existing and proposed pedestrian circulation systems;
v. Proposed treatment of the perimeter of the property, including materials and techniques used such as screens, fences and walls, as well as description of uses, setbacks and the relationship to surrounding uses;
vi. General schematic landscape plan of the treatment of the area used for private and common open spaces;
vii. Location and size of all areas to be covered, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semi-public use;
viii. Location, dimensions, nature of all existing and proposed easements and public improvements;
ix. Location of all structures other than single-family detached units and the location of all existing structures adjacent to the PUD including description of land use and zoning;
x. Indication of existing natural features of property, including water courses, floodplains, unique natural features, slope and vegetation;
xi. A legal description of the total site proposed for development;
xii. Parcel size in square feet and acres;
xiii. Types and numbers of permitted uses and floor area of each category of use;
xiv. Proposed building coverage; and
xv. Total acreage of common open space by type.
2. Preliminary plat. A preliminary plat shall be submitted in accordance with all the requirements specified herein.
3. Rezoning application. An application for rezoning to the PUD District shall be made in accordance with § 159.056. Approval of a zoning change to PUD adopts the master plan prepared by the applicant and reviewed as a part of the application. The master plan establishes new and specific requirements for amount and type of land use, residential densities, development regulations and location of specific elements of the development, such as open space and screening. The PUD classification replaces any previous zoning district classification of a parcel. Where there is no provision in the PUD master plan for special development regulations, the requirements of the most restrictive conventional zoning district in which a proposed use or a structure is permitted shall be applied to the development.
4. Final plat.
a. Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval and filing of record according to procedures established by the Planning Commission and City Council. In addition to these procedures the final plat shall include:
i. Common open space may be dedicated to a private association or to the public provided that a dedication to the public shall not be accepted without the approval of the City Council.
ii. A homeowners' or property owners' association shall be created if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities, including private street drives, service and parking areas and recreation areas.
iii. Covenants shall be submitted to reasonably insure the continued compliance with the approved PUD master plan. In order that the public interest may be protected, the city shall be made a beneficiary of the covenants pertaining to the matters as location of uses, height of structures, setbacks, screening, maintenance of common facilities and access. The covenants shall provide that the city may enforce compliance therewith.
b. If there is no plat required, then the above divisions shall be submitted and approved as a part of the PUD master plan at the time of rezoning.
c. A final development plan shall be submitted for approval if any of the following changes are made from the preliminary development plan:
i. Increase proposed floor area for non-residential use by more than 5%;
ii. Increase total building coverage by more than 5%;
iii. Increase building height by more than 5%;
iv. Increase total number of dwelling units by more than 5% within a given phase; (Fluctuation greater than the above shall be permissible, provided overall density is maintained.)
v. Substantially change the location of any non-residential areas as shown on the approved preliminary plan;
vi. Significantly modify the location or design of minor streets, cul-de-sacs, alleys or facilities for water, stormwater and sanitary sewer; and
vii. Significantly change the phasing plan or the development schedule.
(2) (a) All other changes in the PUD including changes in the list of permissible uses must be made under the procedures that are applicable to the initial approval of a PUD project.
(b) The burden shall be upon the landowner to demonstrate good cause for any variation between the preliminary plan previously approved and the final plan-plat submitted for approval.
(3) The final development plan and final plat shall be reviewed by staff and their recommendation shall be forwarded to the Planning Commission not later than the second regular meeting after filing. If the Planning Commission finds that only minor differences exist in the final development plan/plat, then it shall be forwarded to the City Council for their approval.
(Prior Code, § 13-614) (Am. Ord. 1277, passed 1-17-84; Am. Ord. 1389, passed 11-18-86; Am. Ord. 1398, passed 4-21-87; Am. Ord. 1412, passed 10-6-87; Am. Ord. 1517, passed 8-8-94; Am. Ord. 1609, passed 3-16-99)
(C) (1) Because the PUD provides the opportunity for higher densities, greater design flexibility and improved marketability, the applicant should be prepared to provide amenities and service that might not be required or possible in a conventional development.
(2) Review and approval of a PUD is, therefore, a process of negotiation between the city government and the applicant to achieve the intents and purposes of these regulations and the comprehensive plan. The following factors should be specifically included as review criteria for the evaluation of a PUD application.
(3) Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposal.
(a) No minimum or maximum area is specified for a PUD request provided each parcel or group of parcels are of adequate size to comply with the site requirements specified in this section and meet the general intent of the goals and policies of the comprehensive plan.
(b) All uses established within a PUD shall comply with the off-street parking and loading requirements, as established in § 159.035.
(c) Design of the PUD may provide for modification of conventional zoning code requirements for the elements as yard areas, densities, setback and height on individual lots in accordance with the PUD development plan. However, the modifications are to be viewed as bonuses to the developer in return for other site and design considerations such as architectural compatibility with surrounding development, open space, landscaping, coordinated signage, parameter buffers and other site improvements that enhance the overall compatibility with adjacent areas. These considerations are especially important where a PUD contains a mix of uses that would generally be incompatible under conventional development criteria.
(d) Building Code requirements shall not be reduced in a PUD development.
(e) Streets and alleys for PUD's shall be designed and constructed in accordance with city standards and specifications for right-of-way width and paving cross sections. Modifications may be requested and approved as a part of the master plan if the following criteria are met:
1. Proposed public street and alley modifications shall satisfy the following criteria:
a. Street right-of-way and paving widths shall be adequate to provide a traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street and the land uses served.
b. Paving cross sections shall be designed to be adequate to provide acceptable drainage in conformity with and the drainage plan for the PUD; to receive loading commensurate with anticipated traffic based on the design of the overall street system; and to have a maintenance level commensurate with that of facilities constructed to regular standards.
c. Reduction of conventional minor residential street widths may be considered when the streets are of a limited length, have only one access to a major street and serve a limited number of dwellings. Reduction of width should not be construed as a lessening of the structural standards to the street.
2. Proposed private street and alley modifications shall satisfy the criteria for public facility modifications listed above and the following:
a. Private streets shall not be connected to an adjacent parcel which is not a part of the PUD in a manner that will circulate traffic into and through the private street system.
b. The owner/applicant shall clearly demonstrate the existence and capabilities of a property owners association to provide the ongoing and long term maintenance of the private street and alley facilities that will not be provided by the city.
(f) General design and development guidelines:
1. Densities.
a. Proposed residential densities shall conform to density guidelines in the comprehensive plan and shall be allocated in a manner and at a scale that will be compatible with adjacent developed neighborhoods.
b. The maximum number of dwelling units within a PUD shall not exceed a gross density average of 12 dwelling units per acre. Gross density shall be calculated by dividing the total land area to be developed by the number of proposed dwelling units. No property upon which existing structures or uses are located and proposed to remain as part of the PUD shall be used in computing allowable density.
c. Densities of greater than 12 units per acre may be exceeded within the central business district according to the provisions and guidelines prescribed in the City Charter.
2. Amenities should be considered as an important justification for development and city approval of a PUD. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, usable open space should be furnished along with provision for its permanent retention and continued maintenance. Sidewalks and pedestrian ways shall be planned to provide for amenity and public safety.
3. Streets.
a. Street design should be innovative and should restrict through traffic from residential.
b. Development of a private street system may be considered appropriate under certain conditions where there is no through traffic. However, a private street system should not serve as a reason for reduction of minimum design and paving standards.
4. All drainage information and calculations shall be submitted as a part of the development plan. The drainage and grading plans and calculations must demonstrate they meet the standards and specifications as prescribed by city ordinance and that any runoff generated by the development will have no net impact on adjacent properties and will no overload current infrastructure.
(g) Revocation and reversion.
1. PUD rezoning will be automatically revoked and the zoning of the entire PUD will revert back to the original zoning of the property if construction of the PUD has not commenced within three years of the date of PUD approval.
2. If more than one phase is included in the PUD, constructed of the final phase of the PUD must completion of the first phase.
3. The developer of the PUD provide to the Planning Commission a written request for an extension of time not to exceed six months. The Planning Commission, after having reviewed the request may grant an extension of time after reviewing the circumstances or require the developer to re-submit and alter the PUD if conditions warrant it.
(Prior Code, § 13-615) (Am. Ord. 1517, passed 8-8-94)
(A) Except as otherwise specifically provided in this chapter, all use of land, development or structures in commercial districts shall conform to the requirements set forth in division (B) below.
(B) Uses are permitted only as shown in Appendix D to this chapter.
(C) Plant nurseries and other outdoor displays of plants and landscape materials; provided any outdoor display of plants or landscape materials shall be on the same lot as the primary building of the business, and only on a lot containing a building meeting the requirements of this code and applicable building codes.
(D) All properties zoned C-N, commercial neighborhood, or C-S, commercial shopping center, on November 1, 1985, may continue to be occupied and governed by the permitted uses and area regulations in those districts as of the date, but thereafter, no property shall be rezoned to C-N or C-S.
(Prior Code, § 13-616) (Am. Ord. 1609, passed 3-16-99; Am. Ord. 1678, passed 9-3-02; Am. Ord. 1687, passed 11-5-02)
(A) Except as otherwise specifically provided in this chapter, all use of land, development or structures in industrial districts shall conform to the requirements set forth herein.
(B) Properties zoned I-R and I-L prior to November 2, 1985, are hereby reclassified to I-L and I-H respectively, after the date.
(Prior Code, § 13-617)
Except as otherwise specifically provided in this chapter, all use of land, development or structures in special districts shall conform to the requirements set forth herein.
(Prior Code, § 13-618)
(A) The requirements contained in this section are intended to provide exceptions or to qualify and supplement, as the case may be, the specific regulations set forth in this subchapter.
(B) The following provisions shall apply in all districts:
(1) Trailers or other portable buildings used as temporary offices may be installed on any lot during the course of construction, but shall be removed prior to issuance of a certificate of occupancy for the lot or any permanent structure thereon.
(2) An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.
(3) No dwelling shall be erected on a lot which does not abut at least one public street for at least 35 feet and have a width of at least 60 feet at the building line. A public street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.
(4) Where lots comprising 60% or more of the frontage on the same side of the street in any block are developed with buildings having front setbacks less than the required depth and with a variation of not more than ten feet, the average depth of the setbacks shall establish the front setback for the entire frontage; provided that the depth need not exceed the required setback.
(5) Carports, as that term is defined in § 159.002, may be allowed in the front yard setback as a special exception to this chapter, as provided herein, subject to the following restrictions:
(a) Carports shall not be erected or located closer than five feet inclusive of eaves from the right-of-way line of a public or private street.
(b) Carports shall not be located or erected closer to the side property line than the applicable side yard setback or the dwelling to which it is accessory, whichever is less.
(6) Open eaves, cornices, window sills, and belt courses may project into any setback provided that projections into interior side setbacks shall not exceed two feet. Open uncovered porches or open fire escapes may project into front or rear setbacks a distance not to exceed five feet.
(7) No portion of a lot which is located within the lines of any flood control and/or drainage easement shall be included in measuring yard setback, usable open space or buildable area of the lot. This exclusion shall not apply to easements in which a closed storm sewer is located, nor shall it apply to lots platted prior to the effective date of this chapter.
(8) Churches, schools, hospitals and other public and semi-public buildings may exceed the height limitation of any district, if the side and rear setbacks are increased one foot for each two feet by which the height of the public or semipublic structure exceeds the prescribed height limit.
(9) Chimneys, elevators, poles, spires, tanks, towers and other projections not included in a building story, as defined in § 159.002, may extend above the height limit, subject to certain height limitations.
(10) All trash or garbage receptacles shall be in a permanent location mutually convenient to the city and to the occupant.
(C) The following provisions shall apply in residential districts:
(1) When a lot has double frontage, the front setbacks shall apply on both streets.
(2) Whenever a front setback line in any block is delineated on the subdivision map or plat thereof, as approved by the Planning Commission and City Council and recorded in the office of the County Clerk, then the setback shown on the map or plat shall govern. In no case shall this division apply to a lot which abuts a major thoroughfare as designated on the comprehensive plan.
(3) For each story more than one, there shall be an additional five-foot setback from interior lot lines in R-1 and R-2 districts.
(4) Detached accessory buildings smaller than 50% of the gross floor area of the of the primary building may be located in the rear setback, but shall not be located in any public easement. All other accessory buildings shall comply with all applicable setback requirements applicable to primary buildings.
(D) The following provisions shall apply in commercial districts:
(1) Where any access to a commercial building in a C-R, C-G or C-H district is from the rear, or where a commercial building in those districts exceeds one story in height, a rear setback of 30 feet shall be provided. In such a case, and with respect to the rear setbacks required in a C-O or CBD district, the rear yard setback may include an alley or service court.
(2) In a C-R or C-G district, where an interior side yard abuts a residential district, a setback of ten feet shall be required for one story buildings plus an additional five feet for each additional story or portion thereof.
(E) The following provision shall apply in industrial districts. Whenever either a rear or interior side yard abuts a residential district, then the setback shall be no less than 25 feet.
(F) The following provisions shall apply in special districts:
(1) In the E-I district, buildings and facilities shall be arranged in a manner appropriate to the function of each use, and appropriate for fire protection and convenient circulation for pedestrian and vehicular traffic.
(2) The front, side and rear setbacks for buildings located in the E-I district may be reduced to no less than ten feet on any side where the property abuts or is separated only by a street or alley from property zoned or used for E-I. The reduced setbacks shall not be permitted for that side or portion of the E-I property which abuts an expressway or major thoroughfare.
(3) When a building in an E-I district exceeds one story in height and is located on property which abuts property zoned or used for residential, the rear and interior side setbacks shall be no less than 20 feet, plus an additional 5 feet for each story, or portion thereof, which exceeds two stories or 35 feet in height.
(Prior Code, § 13-619) (Am. Ord. 1452, passed 10-3-89; Am. Ord. 1508, passed 1-18-94)
(A) In all districts in connection with every use, at the time any building or structure is erected or enlarged, off-street parking spaces shall be provided in accordance with the following requirements:
(1) Cafeterias, restaurants (not drive-in type), bars, lounges, taverns or private clubs: one space per seats based upon maximum seating capacity, plus one additional space for each two employees based upon the maximum shift.
(2) Drive-in restaurants: one space per 50 square feet of net floor area, plus one additional space for each two employees based upon the maximum shift.
(3) Dwelling, single-family or duplex: two spaces for each separate dwelling unit within the structure.
(4) Dwelling, multiple-family: not less than two times the number of dwelling units in the dwelling or structure.
(5) Boarding, rooming houses, motels or hotels: one space per guest room, plus one space per two employees, based upon the maximum shift.
(6) Hospitals: one space for each four patient beds, exclusive of bassinets, plus one space for each staff or visiting doctor, plus one space for each two employees including nurses, plus adequate area for the parking of emergency vehicles.
(7) Medical or dental clinics or offices: six spaces per doctor, plus one space for each two employees.
(8) Convalescent homes, nursing homes: one space for every three patient beds, plus one space per staff or visiting doctor, plus one space for every two employees.
(9) Community center, theater, auditorium, church sanctuary: one space for each four seats, based on maximum seating capacity.
(10) Place of amusement or recreation, convention hall, lodge, club, library or museum: one space for each 50 square feet of floor space used for assembly or recreation in the buildings.
(11) Office uses not otherwise classified: one space for each 300 square feet of net floor area.
(12) Commercial and service establishments, not otherwise classified: one parking space for each 200 square feet of net floor area.
(13) Industrial and wholesale establishments: adequate area to park all employees' and customers' vehicles at all times and adequate space for loading, unloading and storing all vehicles used incidental to or as a part of the primary operation of the establishment.
(14) Service stations, car washing establishments and similar operations: in addition to the off-street space for automobiles during the washing, fueling or other servicing operation, there shall be provided a maximum of five off-street parking spaces for each establishment or a minimum of three parking spaces for each wash rack, wash area or space, grease rack or work stall included in the station plan, whichever is greater.
(15) Day care centers or nurseries: one parking space for each two teachers, employees or administrators.
(15.1) Adult day care centers: one parking space each two teachers, employees, or administrators, plus five additional public parking spaces.
(16) For all uses not covered in this section, the Planning Commission shall make a determination of the parking demand to be created by the proposed use and the amount of parking thus determined shall be the off-street parking requirement for the permitted use.
(17) Parking requirements for temporary employment services - day labor businesses shall be determined by the Planning Commission under a special permit use procedure as follows:
(a) Any person, firm or corporation seeking to open a temporary employment service - day labor business shall make application to the Planning Commission for a conditional permit to determine parking requirements. The application shall be accompanied by a conditional use permit fee in an amount determined by resolution of the City Council. Notice of such application shall be given to the public by posting a conspicuous sign on the subject property at least seven days prior to the Planning Commission meeting at which the application is scheduled to be heard. The recommendation of the Planning Commission shall be forwarded to the City Council for final approval.
(b) In reviewing the application, the Planning Commission and City Council shall make a determination of the parking demand created by the proposed use and the amount of parking spaces thus determined shall become the off-street parking requirement for the permitted use. For existing structures and shopping centers the amount of available parking and the creation of potential traffic and parking hazards shall be considered.
(B) Parking spaces for the handicapped shall be provided in accordance with applicable building codes. The spaces may be counted toward satisfaction of the required spaces specified in this section.
(C) In all districts, off-street parking areas shall be located as follows:
(1) In residential districts, no parking space, other than the driveway, shall be located in the front, side or rear setbacks. Off-street parking may be permitted in side or rear setbacks which do not abut residentially-zoned or residentially-developed property.
(2) A sight triangle shall be maintained on a commercial lot at the point where the lot abuts a residential district whenever parking spaces are to be placed within front or side setbacks located along a street other than a major thoroughfare.
(3) The off-street parking area shall be located entirely within 200 feet, exclusive of streets and any alley widths, of the principal use and shall have direct access to a street or alley. In addition, the off-street parking area must be located on a property having the same or a less restrictive zoning classification and be under the same ownership.
(4) Required off-street parking spaces shall not thereafter be reduced or encroached upon in any manner.
(5) All driveway cuts into public streets shall conform to the standards approved by the City Council and on file with the City Engineer.
(D) The following provisions shall apply to the development and maintenance of multiple-family, commercial, industrial and institutional parking areas:
(1) All off-street parking areas shall be effectively screened on each side that abuts an R-1 or R-2 zoning district or an existing single-family or two-family use with a continuous, view-reducing fence.
(2) Parking areas shall contain landscaped dividing strips.
(3) The parking spaces in all off-street parking areas shall be clearly marked with paint or plastic striping which provides permanent delineation between spaces.
(4) There shall be appropriate bumpers or wheel guards centered in the parking space to prevent any part of a parked vehicle from extending beyond the parking area.
(E) (1) Whenever two or more uses are located together in a common building, shopping center or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use.
(2) The total number of spaces provided shall not be less than the sum of the individual requirements.
(F) (1) Every commercial or industrial building hereafter constructed in any district shall provide off-street loading berths in accordance with the following provisions:
Use | Gross Floor Area | Minimum Berths |
Retail and industrial | 0 - 12,000 | 0 |
12,000 - 48,000 | 1 | |
48,000+ | 2 | |
Office | 0 - 48,000 | 0 |
48,000 - 100,000 | 1 | |
100,000+ | 2 |
(2) The off-street loading berths shall be maintained on the same lot with the building.
(3) Each berth shall be no less than 12 feet in width, 50 feet in length and 14 feet in height.
(4) Loading berths may occupy part of any required side or rear yard, but no space may be located closer than ten feet to the rear property line.
(G) (1) When the off-street parking space or loading berth does not abut on a street, public or private alley or easement for access, an access drive of the following minimum widths shall be provided:
(a) Two-way drive: 25 feet.
(b) One-way drive for 90-degree parking: 24 feet.
(c) One-way drive for 60-degree parking: 18 feet.
(d) One-way drive for 45-degree parking: 13 feet.
(2) The maximum width of any driveway cut in the residential districts shall be 25 feet. The maximum width of any driveway cut in non-residential districts shall be 30 feet.
(H) All off-street parking areas, driveways and loading berths shall be constructed according to standards approved by the City Council and on file with the City Engineer.
(I) Notwithstanding any provision of this section, no off-street parking spaces or loading berths shall occupy the sight triangle at a corner.
(Prior Code, § 13-620) (Am. Ord. 1408, passed 8-18-87; Am. Ord. 1687, passed 11-5-02; Am. Ord. 1758, passed 1-17-06) Penalty, see § 10.99
(A) In residential-zoned areas all vehicles, including recreational vehicles, parked between the front building line of the lot and the street shall be parked upon an improved driveway or parallel to and within ten feet horizontal distance of the improved driveway. Only one side of the area parallel to and within ten feet horizontal distance of the improved driveway can be used as additional parking area. Where there is no improved driveway, all vehicles shall be parked in a location where the driveway is implied by the curb cut, approach, or evidence of usage, as determined by the Building Inspector, and/or parallel to and within ten feet horizontal distance on one side of the implied driveway.
(B) It shall be unlawful and an offense for any person to park or allow parking of a vehicle in a manner contrary to the provisions of this section. A citation for violation of this section may be issued to the owner or operator of the vehicle, or to the property owner where the violation occurs. Any person violating the provisions of this section shall be guilty of an offense punishable by a fine of an amount not exceeding $50. Each day a vehicle is parked in violation of this section shall be a separate offense.
(Ord. 1749, passed 5-3-05) Penalty, see § 10.99
(A) The open display of articles, materials or merchandise is prohibited, except as provided in this section.
(B) In the C-G district, open display is permitted only if the display is effectively screened with a continuous, view-reducing fence. Automobile service stations, as defined herein, are permitted open display of merchandise commonly sold by automobile service stations; i.e., oil, batteries, tires, wiper blades and the like. Automobile service stations may be used for storage of rental trucks or trailers, provided that the storage space shall be paved and shall not exceed 4,000 square feet in area.
(C) The open display uses permitted in the C-H district, under § 159.022, shall comply with the following provisions:
(1) All open display of merchandise, material and equipment shall be effectively screened to a height of six feet with a continuous, view- reducing fence on any side which abuts property used or zoned for residential or institutional. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale, in addition to complying with the above screening requirements, shall be so screened by fences or permanent buildings that they cannot be seen from a public street.
(2) All of the lot used for open display shall have sealed surface and be maintained in a manner that no dust will be produced by continued use. The storage or display of new or used automobiles for sale shall comply with standards for parking areas in § 159.035(H).
(3) All servicing of vehicles carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.
(D) In the I-L and I-H districts, any article or material stored outside of an enclosed building as an incidental part of the primary operation shall be effectively screened with a continuous, view-reducing fence.
(E) No open display shall be permitted on any portion of the public rights-of-way, except in the C-H, commercial-highway use district, goods sold on the premises may be displayed on the public right-of-way only under the following conditions:
(1) The goods shall not be placed closer than six feet from the curb; or where there is no curb, six feet from the paved edge of the shoulder.
(2) No goods shall be placed in the sight triangle on a corner lot.
(3) The goods shall be removed from the right-of-way during all times the business is closed.
(4) No lights, signs or permanent structures shall be placed on the right-of-way.
(F) This section shall not be construed to required screening in excess of six feet in height.
(G) Where a conditional use is granted for a fence, as provided in § 159.037(B), then the City Council may allow exceptions to the sight proof screening requirements of this section in the approval of the conditional use.
(H) The provisions of this section shall not apply to goods, wares or merchandise displayed as part of a street or sidewalk sale authorized herein.
(I) Notwithstanding any provision of this section, no open display shall occupy the sight triangle at a corner.
(Prior Code, § 13-621) (Ord. 1371, passed 5-6-86) Penalty, see § 10.99
(A) Except as provided in this section, the maximum height for all fences is eight feet. Fence heights will be measured from the highest elevation on either side of the fence.
(B) Fence heights are further limited in the following circumstances:
(1) Fences in front yard setback are limited to 4 feet in height; except fences with greater than 20% opacity shall not exceed 3 feet in height for that portion of a fence located within 5 feet of the property line, or 17 feet from the edge of the street pavement, whichever distance is greater.
(2) Fences located in side yards of corner lots abutting the front yards of an adjacent lot are restricted to the same height limits as set forth in division (B)(1) above.
(C) As to fences with greater than 20% opacity, OPACITY shall be defined as the degrees to which a fence interferes with unobstructed vision. Opacity shall be measured at right angles to any surface of the fence.
(D) The property owner will demonstrate to the City Engineer the accurate location of the front property line/public right-of-way limit by one of the following methods:
(1) Uncovering existing property pins;
(2) Completion of a professional land survey and placement of front property pins by a licensed land surveyor.
(E) The property owner will demonstrate to the City Engineer that after fence construction excessive water ponding and flooding of adjoining property will not occur.
(F) In addition to any other applicable provisions of this section for back to back corner lots, fences with greater than 20% opacity shall not be constructed within 12 feet of the edge of pavement.
(G) Fences shall not be constructed on any portion of the public rights-of-way.
(H) On a corner lot no fence shall be erected or allowed to remain between the heights of two feet six inches and six feet above the crown of the adjacent roadway in the sight triangle at the corner.
(I) Fences are prohibited in a dedicated drainage easement which contains open storm drainage channels.
(J) No electrified fence or wall containing broken glass, barbed wire, or other substances reasonably calculated to do bodily harm shall be permitted, except as hereinafter provided:
(1) A barbed wire fence shall be permitted in any zoning district for the purpose of restraining such livestock as may be legally located on the premises under the code. The barbed wire fence shall be removed immediately upon discontinuance of keeping of livestock on the premises;
(2) Barbed wire shall be permitted at a 45-degree angle on top of a 6-foot fence in all zoning districts, except residential districts;
(3) The city and public utilities operating under a franchise with the city shall be permitted to install security fences containing barbed wire in any area owned or controlled by the city or public utility where such protection is deemed necessary for the protection of persons or property.
(K) Nothing in this section shall be construed to permit a violation of § 92.21 of this code of ordinances.
(L) Commercial, industrial and multi-family uses abutting property zoned or used for single-family or two-family use shall be screened with a fence of 95% opacity and a height of 8 feet on all abutting property lines, subject to the height limitations contained in division (B).
(Prior Code, § 13-622) (Am. Ord. 1225, passed 9-21-82; Am. Ord. 1275, passed 2-7-84; Am. Ord. 1642, passed 10-3-00; Am. Ord. 1677, passed 9-3-02)
(B) (1) In E-I, C-G, C-H, I-L and I-H districts, the City Council may allow fences in the required setbacks which exceed the height limitations contained in division (A) above as a conditional use.
(2) Any person, firm or corporation seeking the conditional use shall make application to the Planning Commission at least 14 days prior to the scheduled Commission meeting and submit a fee as may be established by resolution of the City Council. Notice of the Planning Commission and City Council hearings on the application shall be given to the public by posting the applicant's property at least 7 days prior to the Planning Commission meeting.
(3) In considering approval or denial of a proposed fence as a conditional use, the following standards shall be used:
(a) The amount of street frontage of the property for which the conditional use is requested;
(b) The location of uses and types of uses on surrounding properties;
(c) The effect of the proposed fence on traffic movement and safety;
(d) The effect of the proposed fence on the surrounding properties' right to open space, visibility, light and air;
(e) The effect of the proposed fence on the city's ability to provide police and fire protection in the area;
(f) The extent to which the surrounding properties have been developed and the impact of the proposed fence on future development of surrounding property; and
(g) The effect of the proposed fence on the market value of surrounding property.
(4) The City Council may impose conditions upon the conditional use as it deems necessary to protect the health, safety and welfare of citizens and surrounding properties.
(5) Nothing contained herein shall authorize any deviation from the requirements of division (A) above other than the permitted height in required setbacks and no conditional use will be granted which would occupy the sight triangle at a corner.
(Prior Code, § 13-623)
No structure initially designed or intended for either single-family or two-family residential purposes shall be occupied by any commercial use unless a special exception has been granted pursuant hereto.
(Prior Code, § 13-624)
(A) A lot may be used as a building site even though it fails to meet the minimum lot area, lot width or lot depth normally required of lots for the district in which the lot is situated provided that both of the following conditions are satisfied:
(1) The lot was of record on December 13, 1973; and
(2) The lot is:
(a) At least 50 feet in width; or
(b) Less than 50 feet in width and does not adjoin vacant land fronting on the same street which is under the same ownership as the lot to be developed.
(B) The burden of proof shall be upon the applicant for development to show through appropriate records compliance with division (A) above.
(C) Lots developed pursuant to this section shall meet all applicable setback requirements, except interior lots in the R-1 and R-2 zoning districts which satisfy the other requirements of this section may be developed with a five-foot interior side yard setback on both sides. The authority granted herein to develop a substandard lot shall not be sufficient, in and of itself, to grant a variance from the requirements.
(Prior Code, § 13-645) (Ord. 1417, passed 12-15-87)
The following rank order of districts is established depending upon the relative restrictiveness of each and shall be used when necessary or proper to the administration of this chapter:
(A) Most restrictive: A;
(B) R-1;
(C) R-2;
(D) PRD;
(E) R-M;
(F) MHP;
(G) E-I;
(H) C-O;
(I) CBD;
(J) C-R;
(K) C-G;
(L) C-H;
(M) I-L; and
(N) Least restrictive: I-H.
(Prior Code, § 13-646)
(A) A use shall be conducted only in those districts where it is specifically listed as a permitted use or where it is incorporated by reference to a district in which it is specifically listed.
(B) If a proposed use is not specifically listed in any of the districts contained in this chapter, then it shall be conducted only in those districts where the proposed use conforms with the intent of the district.
(C) Nothing in this section shall affect the location of accessory uses, as defined in § 159.002.
(Prior Code, § 13-647)
(A) Nonconforming structures and uses may be continued, maintained and repaired, except as otherwise provided in this chapter. (Prior Code, § 13-648)
(B) A nonconforming structure shall not be added to or enlarged in any manner unless the addition or enlargement is in compliance with the setback, coverage and height regulations of the district in which it is situated. The addition or enlargement may project into a setback where necessary to match the building line of the existing nonconforming structure. (Prior Code, § 13-649)
(C) (1) A nonconforming use shall not be permitted to intensify. For purposes of this section, intensification shall be deemed to include, but not be limited to the following occurrences:
(a) The use is expanded or spread into a building or addition in which the use was not conducted on the effective date of this chapter unless the enclosure of the use would bring the same into conformance.
(b) Open display, parking or outside storage is expanded or spread to portions of the lot which were unoccupied on the effective date of this chapter.
(c) Any structure is added which has a direct connection to the reason for the nonconforming nature of the use.
(2) Notwithstanding division (C)(1) above, a nonconforming single-family use may intensify; provided that any addition or structure built on or moved to the lot shall comply with the setback, height and coverage regulations of the R-1 district, or the district in which the use is located, whichever regulations are more restrictive. The addition or structure may project into a setback where necessary to match the building line of an existing nonconforming structure occupied as dwelling.
(Prior Code, § 13-650)
(D) (1) It is the policy of the city that eventually over time, the use of a lot shall come into compliance with the district in which it is located. This section shall be interpreted and administered in conformance with this policy.
(2) When a change in use is proposed for a lot which was last occupied by a nonconforming use, then the lot shall be re-occupied only by:
(a) Other permitted uses of the most restrictive district in which the last use is specifically listed as permitted use;
(b) Permitted uses of districts more restrictive than the district determined in division (D)(2)(a) above; or
(c) Permitted uses of the district in which the lot is located.
(3) If the new use reoccupying the lot pursuant to division (D)(2) above is in noncompliance with the district in which the lot is located, then it shall be deemed a nonconforming use.
(Prior Code, § 13-651)
(E) (1) A nonconforming portion of a structure which is intentionally destroyed or demolished by the owner of the same shall not be rebuilt or restored except in compliance with applicable setback, coverage and height regulations. This requirement shall not apply to intentional destruction or demolition which is necessary to the proper reconstruction or restoration of the affected structure following a sudden natural or man-made disaster.
(2) If a lot is not occupied by a nonconforming use for a continuous period of one year, it shall not thereafter be re-occupied, except by a permitted use of the district in which the lot is located. For purposes of this division, a lot which has no water usage according to official records of the city shall be deemed “not occupied.”
(Prior Code, § 13-652)