§ 5. District Use Regulations  


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  • SECTION 5. - DISTRICT USE REGULATIONS

    1. Establishment of districts. For the purpose of this ordinance, the City of Tuscumbia is hereby divided into the types of districts designated as follows:

    R-1 Residential District (Single-Family)
    R-2 Residential District (Single-Family)
    R-3 Residential District (Two, Three and Four Family) (Ord. of 10-6-81)
    R-4 Residential District (Multi-Family)
    RMF-1 Residential District (Multi-Family)
    MH-1 Mobile Home District (Mobile Home Parks)
    R-B Residence-Business District (Light commercial business) (Ord. No. A-44, § 1, 5-20-86)
    B-1 Business District (Neighborhood Business)
    B-2 Business District (General Business)
    B-3 Business District (Central Business District)
    B-3A Alternate Business District Non-profit private club with total recreational facilities less than 50 acres. (Ord. of 12-1-81, § 2)
    M-1 Manufacturing District (Light Industry)
    M-2 Manufacturing District (Heavy Industry)
    FP-1 Flood Plain District (Agriculture, Open Space)
    O-I Office and Institutional District (Offices and Institutions)
    HC Highway Commercial District (Ord. No. A-232, 12-9-2002)
    P.R.D. Planned Residential Development District (Ord. No. A-232, 12-9-2002)
    MW-1 Mini-Warehouse District (Ord. No. A-232, 12-9-2002)
    RVP Recreational Vehicle Park District (Ord. No. A-252, 8-11-2003)
    Historic Overlay District (Ord. No. 07-0618, § 1, 6-18-2007)

    2. Schedule of district regulations.

    a. R-1 Residential district. This district exists for the development of large lot, low density residential areas. The use of land and buildings within such areas is therefore limited to single-family detached dwellings and such nonresidential uses as generally support and harmonize with such low density districts. Within a R-1 Residential district, a building or land shall be used only for the following purposes:

    Uses permitted: Single-family dwelling; accessory structures; gardens; public buildings including public schools and libraries.
    Uses permitted on appeal: Public parks and playgrounds; public utilities; customary home occupations; private institutions such as kindergartens and day nurseries.

    b. R-2 Residential district. This district exists for the protection of areas that have been and are being developed predominantly for low density single-family dwellings. Accordingly, the use of land and buildings within such areas is limited to single-family detached dwellings and to such nonresidential uses as generally support and harmonize with these low density residential districts. Within a R-2 Residential district, a building or land shall be used for the following purposes:

    Uses permitted: Single-family dwellings; accessory structures (carports and utility rooms and structures used for residential storage); gardens; playgrounds; parks; public buildings, including public schools and libraries.
    Uses permitted on appeal: Public utilities; customary home occupations; semi-public buildings; golf courses; municipal, county or federal uses; private institutions such as kindergartens and day nurseries.

    c. R-3 Residential district. This district exists for the protection of areas that have been and are being developed predominantly for medium density single-family dwellings, but in which two-family and multi-family dwellings are occasionally found. Accordingly, the use of land and buildings within such areas is limited to single-family detached dwellings and medium density two-family dwellings, and to such nonresidential uses as generally support and harmonize with a medium density residential area. Within a R-3 Residential district, a building or land shall be used only for the following purposes:

    Uses permitted: Single-family dwellings; two, three and four family dwellings; accessory structures; gardens; playgrounds; parks; public buildings; including public schools and libraries.
    Uses permitted on appeal: Customary home occupations; public utilities; semi-public buildings; golf courses; municipal, county, or federal uses; private institutions such as kindergartens and day nurseries.

    d. R-4 Residential district. This district exists to provide areas for medium density development and that have been and are being developed primarily for single-family dwellings but which include duplexes and apartments. The use of land and buildings is limited to such nonresidential uses as generally support and harmonize with sound residential development. Within a R-4 Residential district, a building or land shall be used only for the following purposes:

    Uses permitted: Single-family dwellings; duplexes; apartments; accessory structures; gardens; playgrounds; parks; public buildings, including public schools and libraries.
    Uses permitted on appeal: Customary home occupations; public utilities; semi-public buildings; golf courses; municipal, county or federal use; private institutions such as kindergartens and day nurseries.

    e. RMF-1 Residential Multi-Family district. The purpose of the RMF-1 Residential Multi-Family district is to provide for restricted apartment development in areas of predominantly single-family use. It is intended to permit a broader variety of housing types throughout the city by providing for apartments in locations other than the central area and along major thoroughfares. Through the provision of stringent development standards and the requirement of an approved and binding site plan, a spacious, well-developed multi-family environment which protects the essential characteristics of and is compatible with low density residential use can be achieved by this district. Within a RMF-1 Multi-Family Residential district the following provisions shall apply: An application for rezoning to RMF-1 Multi-Family Residential district shall be accompanied by site plans showing:

    1) the land area to be included in the rezoning request,

    2) the proposed locations of each existing and each proposed structure and their general exterior dimensions,

    3) proposed use of all and within the area requested for rezoning,

    4) dimensions between all structures and from structures to property lines,

    5) traffic, parking and circulation plan, showing proposed locations and arrangement of parking spaces and ingress and egress to and from adjacent streets,

    6) proposed location and material of any screening walls, fences or plantings,

    7) proposed exterior design of buildings,

    8) schedule of number and size of apartments within the project,

    9) proposed time schedule and staging, if any, for construction of the project, and

    10) such other information as may be considered essential by the planning commission and city commission.

    All site plans must make due provisions for:

    1) adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, facilities for waste disposal and illumination,

    2) providing adequate and safe location of play areas for children and other recreational areas according to the concentration of occupancy,

    3) in projects abutting R-1, R-2 or R-3 districts, fences, walls or year-round screen planting, when deemed necessary by the planning commission to shield adjacent single-family residential districts from parking lot illumination, headlights, and noise and to reduce the visual encroachment of multi-family architecture, and activity or privacy and single-family residential neighborhood character, and

    4) other requirements as may be considered essential for the protection of the public health, safety, welfare and convenience.

    Development requirements within the RMF-1 Multi-Family Residential district shall be as specified below:

    1) The minimum area requirement shall be fifteen thousand (15,000) square feet for the first dwelling unit in the project and three thousand five hundred (3,500) square feet for each additional dwelling unit.

    2) The minimum setback from street, and minimum side and rear yards shall be forty-five (45) feet.

    3) The minimum unobstructed open space shall be seventy (70) per cent of the total lot area; however, off-street parking can be considered as open space.

    4) Gross floor area of principal structures shall not exceed eighteen (18) per cent of lot coverage.

    5) The height of any portion of any improvement shall not be greater than one-half the horizontal distance from the improvement to the nearest lot line.

    6) Every building shall be separated on every side, from any other building within the building group by a distance of at least twenty-five (25) feet.

    7) No parking of motor vehicles shall be permitted within the required setbacks. The space with the required setback shall not be used as maneuvering space for the parking or unparking of vehicles, except that driveways providing ingress and egress to the parking areas may be installed across the setback area.

    Permitted uses within the RMF-1 Multi-Family Residential district shall be limited to Multi-Family use, and customary accessory structures and uses.

    In approving an application for RMF-1 Multi-Family Residential districts, the planning commission shall find that the proposed development will be compatible with general neighborhood development plans, will not place excessive traffic load on local streets and that will minimize adverse effects on any adjacent single-family residential areas.

    All approved site plans for RMF-1 Multi-Family Residential districts shall be binding upon the applicants therefor, their successors and assigns, shall limit and control the issuance and validity of all building permits and certificates of occupancy and shall restrict and limit the construction, location, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans; provided, however, that upon a showing of necessity, therefor, minor changes in the location and size of structures may be permitted if such minor changes will not cause any of the following circumstances to occur:

    1) a change in the character of the development,

    2) a change of design for, or an increase of the hazards to, pedestrian and vehicular circulation,

    3) deleterious external effects on adjacent property, or

    4) a reduction in the originally approved setbacks from property lines.

    Pursuant to the same procedure and subject to the same limitations and requirements set forth in this subsection, a site plan for an apartment development may be amended or withdrawn, either partially or completely.

    Upon approval of the plan for a group project by the city commission, one (1) copy of the plan shall be filed with the city clerk and one (1) copy with the building inspector.

    Following city commission approval of an RMF-1 Multi-Family Residential district, the property for which approval was granted shall be labeled "RMF-1" on the Official Zoning Map.

    f. MH-1 Mobile Home district. This district is established in order to provide standard areas for the development of mobile home parks. The intent is to provide areas of standard environmental conditions for the location of mobile homes and not restrict such uses to locations in incompatible heavy commercial and industrial districts. Development standards are required to assure the creation of an orderly and sound residential environment. Within the MH-1 Mobile Home district, a building or land shall be used only for the following purposes:

    Uses permitted: Mobile homes, provided that it shall be unlawful for any person to park or locate, place, maintain or use any mobile home within the limits of the City of Tuscumbia on any lot or land owned by any person, occupied or unoccupied, and no lot or land shall be used for such purposes unless said mobile home and said lot or land are within a mobile home park, except:
    a)  A mobile home may be used as a temporary shelter or shelter or office on a construction site during the actual period of construction; and
    b)  One unoccupied mobile home may be parked or located in any accessory private garage or in a rear yard of an occupied dwelling provided no living quarters shall be maintained or any business practiced in said mobile home while it is so parked or located or stored.

    Further, a mobile home park shall meet the following site standards and regulations:

    1) The minimum area for any mobile home park is four (4) acres.

    2) The maximum density is ten (10) mobile home sites per acre.

    3) Whenever the zoning district in which a trailer park is located requires a front and/or street side yard setback said setback shall be provided, landscaped and maintained.

    4) Minimum front, side and rear yard setbacks for the park shall be seventy-five (75) feet which may include the street.

    5) All minimum interior side yard and rear yard setbacks for the park shall include a minimum of a fifteen (15) foot wide planting area of trees and shrubs to act as a screen between the mobile home park and abutting residentially zoned property.

    6) Access points shall be controlled through review of plans submitted on each individual special exception application.

    7) No sign or other form of advertising shall be permitted other than that necessary to identify the mobile home park.

    8) All mobile home sites or lots in the park shall abut upon a street not less than twenty-six (26) feet in width. All streets shall be hard surfaced, well-marked, maintained and lighted by the mobile home owner. (Ord. of 10-6-81)

    9) The entire area shall be adequately serviced by water and sewer and all mobile homes remaining for a period exceeding thirty (30) days must meet the requirements of the minimum housing code pertaining to mobile homes.

    10) No accessory building or structure shall be erected or maintained in any required minimum setback area for the mobile home park or any individual mobile home space.

    In addition, the following site or lot standards shall apply to individual mobile home spaces within each mobile home park:

    (i) Size: No trailer space shall be less than four thousand (4,000) square feet.

    (ii) Setbacks: Minimum front, side and rear yard setbacks for lots shall be as follows:

    (a) Front yard shall be twenty (20) feet.

    (b) Side yards shall be a total of twenty-five (25) feet with one yard not less than ten (10) feet.

    (c) Rear yards shall be ten (10) feet.

    (iii) Landscaping: All minimum setback areas shall be permanently landscaped and maintained with ground cover, trees and shrubs.

    g. FP-1 Flood Plain district. This district exists for the purpose of providing for the practical development of land that is used for or is suitable for agriculture, forestry, recreation or other open space activities. Although usually characterized by terrain that is subject to flood or that is steep or otherwise unsuitable for building development, these districts may in some instances include land that is buildable but that should be retained basically as open space. Residential development is prohibited to eliminate the potential hazard to life and dwellings that could result from floods. Certain appropriate commercial and industrial uses are permitted. Within a FP-1 Flood Plain district, a building or land shall be used only for the following purposes:

    Uses permitted: Agricultural uses; incidental accessory uses to an agricultural operation including barns, sheds and related uses;
    Outdoor recreation uses including parks, picnic areas, ballfields, golf courses, camps, and camp grounds, shelter buildings, restroom facilities, and concession stands;
    Air strips, boat building and sales;
    Bait sales;
    Riding academies.

    Space and height requirements within the FP-1 Flood Plain district shall be as specified below:

    1) Minimum lot size: Not specified.

    2) Minimum yard size: Front, seventy-five (75) feet; rear, fifty (50) feet; side, fifty (50) feet.

    3) Maximum height: Thirty-five (35) feet.

    h. O-I Office-Institutional district. This district exists for the protection of areas that have been and are being developed predominantly for office and institutional use. Therefore, the use of land and buildings within such areas is limited to residential structures, and those types of offices and institutions which would be compatible as a transitional buffer between residential and commercial districts. Within an O-I Office-Institutional district, a building or land shall be used only for the following purposes:

    Uses permitted: Any use permitted by right in the R-4 Residential district;
    Automobile parking lots or structures;
    Banks and other financial institutions including loan and financial companies;
    Churches and related uses;
    Clubs, lodges, fraternities, sororities, social, civic and similar organizations operated on a non-profit basis;
    Colleges and universities, public and private;
    Convalescent homes, homes for the aged, rest homes, and charitable institutions not used primarily for the treatment of contagious diseases, alcoholics or drug addicts;
    Dormitories, fraternity houses, sorority houses, and residence halls;
    Hospitals, sanitariums, nursing homes, and medical and dental clinics not used primarily for the treatment of contagious diseases, alcoholics or drug addicts;
    Libraries, museums and art galleries;
    Offices, business, professional and public, but excluding any office in which retail trade is conducted and a stock of goods is maintained for sale;
    Parks, playgrounds and community centers operated on a non-commercial basis for recreational purposes only;
    Studios for artists, designers, photographers, and other similar activities;
    Accessory uses and structures when located on the same lot as the main structure excluding, however, open storage.
    Uses permitted on appeal: Any use permitted on appeal in the R-4 Residential district.

    i. P.R.D. Planned Residential Development districts.

    (A) Purpose. The purpose of this section is to permit flexibility in the development of substantial tracts of land by permitting a variety of residential uses in accordance with a specific plan for large scale developments. Planned residential developments are of such a nature as to require specific regulations separate and apart from those of general application to the other districts created in this chapter [ordinance]. Planned residential developments are intended to permit exceptions and variations from standard zoning regulations to permit flexibility in the development of the real estate affected, which can result in: a maximum choice in the type of environment and living units open to the public; the preservation of open space, trees and other natural features; the development of recreation areas; an efficient use of land resulting in smaller networks of utilities and streets; and the creation of an environment of a stable character in harmony with surrounding development.

    (B) Definition. A Planned Residential Development district is a tract of land consisting of two (2) or more acres, developed as a unit for residential use, which when completed will contain two (2) or more residential buildings. The density, lot size, bulk, yard sizes, and other nonuse standards within the district shall comply with the standards established by the planning commission for each specific planned residential development, subject to the minimum requirements of the zoning ordinance for Planned Residential Development districts. Planned Residential Development districts will be permitted subject to planning approval in residential zones.

    (C) Plan Review Procedures.

    (1) Preliminary development plan. The fee for filing an application for a P.R.D. shall be one hundred dollars ($100.00). Three copies of a P.R.D. preliminary development plan shall be submitted to [the] municipal building inspector and must meet the following provisions:

    (a) Content of preliminary development plan. The preliminary development plan shall contain the following information:

    1. The applicant's name, address and interest in the application, and the name, address and interest of each person, firm or corporation represented by the applicant in the application; the name of the owner or owners of the entire land area to be occupied by the P.R.D.

    2. A site plan showing the land area to be occupied by the P.R.D., with its boundaries and dimensions; all public and private easements and rights-of-way, both existing and proposed, within or bounding the designated area and the adjoining properties; all entrance ways and signs, including building materials to be utilized; all existing and proposed public utilities and public facilities serving the P.R.D.; the location of buildings and the use of land on adjoining properties; proposed contours not to exceed two-foot intervals and necessary finished grades; the location, number of storeys and gross floor area of proposed principal buildings and accessory buildings; driveways, off street parking areas and walks; open areas to be set aside for special purposes; all screen planting; the types of paving or other surfacing to be used in the various areas; and such additional information as may be necessary to describe completely the proposed P.R.D.

    3. A development schedule indicating the approximate date when construction of the P.R.D. or its stages can be expected to begin and end.

    4. Quantitative data for the following: total number and type of dwelling units; parcel size; proposed site coverage of buildings and structures; approximate gross residential density; open space; and any other information required by the planning commission.

    5. Elevations or perspective drawings of the proposed structures within the P.R.D. shall be submitted.

    6. Architectural style shall be limited to one period or design motif for attached units and restricted to three (3) or four (4) such natural building materials as wood, brick, stucco, drivit, asphalt or wood shingles. The same type brick shall be used throughout any attached unit building group. Color scheme shall harmonize with basic building material. Such architectural features as turned column, shutters and relief details shall be the same for each building group.

    (b) Action on preliminary development plan. Upon receipt of a preliminary development plan, the municipal building inspector shall examine the plan and make such investigation as is necessary. The municipal building inspector shall also transmit a copy of the application to the planning commission and any department or agency which might be affected by the approval of the application. Within thirty (30) days of the receipt of an application, the municipal building inspector shall transmit its [his] report and recommendations to the planning commission. The planning commission shall hold a public hearing prior to approving a preliminary development plan.

    (c) Effect of Approval. Approval of a preliminary plan is an indication to the applicant that the plan conforms with city requirements for a P.R.D. Approval of a preliminary plan shall be void if a final plan has not been submitted within one year of original application. The planning commission may, in its sole discretion, authorize the developer to proceed with construction upon approval of the preliminary development plan subject to the developer submitting the items described in (c)(2)(a) 5 hereof, and complying with such other requirements imposed by the Planning Commission.

    (2) Final development plan. Three copies of a P.R.D. development plan shall be submitted to [the] municipal building inspector and must meet the following provisions:

    (a) Content of final development plan. The final development plan shall contain the following information:

    1. All information provided in the preliminary development plan including all revisions and recommendations of the planning commission concerning documentation and the site plan.

    2. All public dedications and documents must be submitted with the final development plan.

    3. All documentation concerning perpetual maintenance of common areas shall be submitted.

    4. A performance bond, bank letter of credit or surety for cost or escrow fund for all incomplete public improvements must be submitted with the final development plan.

    5. Engineering plans for all proposed public improvements must be submitted prior to final approval.

    (b) Action on final development plan. Upon submission of a final development plan the municipal building inspector and planning commission shall examine the plan and within forty-five (45) days of receipt of the final development plan, the planning commission must approve or disapprove the plan. If the planning commission does not approve the final development plan, their [its] specific reasons for disapproval should be stated in writing and made part of the public record, as well as presented to the developer. Approval of the final development plan also gives the plan final subdivision approval.

    (c) Filing and recording the final development plan. Upon approval of the final plan, a copy of the site plan shall be filed among the records of the building department, and the original thereof recorded in the office of the probate court of Colbert County and shall thereafter be binding upon the applicants, their heirs, successors and assigns; shall limit and control the issuance and validity of permits and certificates; shall restrict and limit the use and operation of all land and structures within the area designated in such plan to all conditions and limitations specified in such plans. Provided, however, that the municipal building inspector may, upon a showing of technical necessity therefor, permit minor changes in the location of structures and site improvements, if such minor changes will not change the character of the development, or otherwise cause the plan to fail to meet the conditions specified herein. Otherwise, changes in the planned residential development must be made under the procedures that are applicable to the initial approval of a planned residential development.

    (3) Environmental Design. A general landscaping plan shall be required at the time of the preliminary development plan review. The general plan must include spacing, planting schedule, sizes and specific types of landscaping materials. Existing trees shall be preserved wherever possible. The site plan shall be so designed as to minimize disturbance of such topographical amenities as trees, natural watercourses, etc. Excessive site clearing of topsoil, trees and natural features before the commencement of building operations will not be permitted.

    (4) Plan review. The planning commission shall investigate and ascertain that the plans for a planned residential development shall comply with the following conditions:

    (a) That the establishment, maintenance and operation of the planned residential development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

    (b) That the establishment, maintenance and operation of the planned residential development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that zoning district.

    (c) That adequate utilities, access roads, drainage and/or other necessary facilities will be provided.

    (d) That adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets, and that the proposed planned residential development shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them.

    (e) That the uses contained in the planned residential development are residential in character, except for such accessory uses as the planning commission shall determine are desirable and appropriate with respect to the primary purpose of the development, and except for such uses specifically provided for herein. The planning commission may impose such restrictions and conditions on the planned residential developments which are in harmony with the general purpose and intents of this ordinance.

    (5) Construction of P.R.D. Upon approval of the planning commission, the planned residential development may be constructed as a whole, or in phases, provided that each phase shall meet city regulations and be in compliance with the approved development plan. The planning commission may enter into such agreements with the developer as may be necessary to effectuate the provisions of the development plan or any specific phase thereof. The planning commission may impose such conditions or restrictions upon the establishment, location, construction, maintenance and operation of the planned residential development which it may deem necessary for the protection of the public interest.

    (D) Design and/or use regulations.

    1. Uses Permitted. In a P.R.D. district only the following is permitted:

    (a) Single-family detached, and single-family attached multiple dwellings (not to exceed 4 units per building).

    2. Open Space. For planned residential developments consisting of five or more acres, there shall be a minimum of ten (10%) percent of the total area of the P.R.D. dedicated or reserved as usable, common "open space" land. For planned residential developments consisting of less than five acres, the planning commission may require dedication or reservation of usable, "open space" land, not to exceed ten (10%) percent of the total area of the P.R.D. dedicated. Common "open space" land shall be clearly designated on the plan as to the character of use and development but shall not include:

    (a) Areas reserved for the exclusive use or benefit of an individual tenant or owner, nor

    (b) Dedicated streets, alleys or other public rights-of-way, nor

    (c) Vehicular drives, parking, loading and storage areas.

    Adequate guarantees must be provided to insure permanent retention and maintenance of "open space" land area, either by private reservation for the use of the residents within the P.R.D. or by dedication to the public or a combination thereof.

    The uses of "open space" land must be approved by the planning commission.

    3. Specific layout and design requirements. The P.R.D. districts together with applicable minimum yard, height, area coverage, density requirements for each district are hereby established as follows:

    (a) Density for P.R.D. districts. There shall be a maximum of six dwelling units per acre, subject to a minimum of 7,200 square feet per unit, for P.R.D.'s located within an R-1 or R-2 district; the planning commission must approve the number of dwelling units per acre, subject to a minimum of 6,000 square feet per unit, for P.R.D.'s located within all other residential districts.

    (b) Building site coverage. If a P.R.D. is in an R-1 zone, maximum building site coverage of all buildings shall be thirty-eight percent (38%). If a P.R.D. is within any other residential zone, maximum building site coverage by all buildings shall be forty-five percent (45%). In a P.R.D., "site" is defined as the entire tract or parcel of land being developed as a P.R.D.

    (c) Building height limits. There is a maximum two stories for buildings within a P.R.D.

    (d) Yards required. P.R.D.'s are exempt from front, side and rear yard setback requirements, subject to the following:

    (i) P.R.D. perimeters. Where a P.R.D. borders an existing R-1 or R-2 zone, a minimum of twelve (12) feet along the perimeter shall be developed as landscaping. The planning commission may make exception to the twelve (12) foot perimeter setback provided suitable landscaping, fencing or other screening is approved.

    (ii) Adjoining development. Where the front yards of a P.R.D. are directly across the street from the front yards of an existing R-1 or R-2 development, or where the front yards of a P.R.D. are in line with and abut an existing R-1 or R-2 development, the P.R.D. front yard setback shall be the same as the front yard setback for the existing R-1 or R-2 development. Where the back of a P.R.D. borders an existing R-1 or R-2 development, the planning commission may require such landscaping, fencing or other screening as it deems necessary to protect the existing R-1 or R-2 development.

    (iii) Building separation. Individual units may be constructed to the property line. Minimum distances between individual structures shall be five (5) feet or to the property line.

    4. Parking standards. For each dwelling unit, there shall be a minimum of two off-street parking spaces consisting of not less that two hundred (200) square feet each. Parking may be on-street and off-street.

    5. Streets. All streets within a P.R.D. are to be publicly owned and maintained after acceptance by the city. Streets should be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. The widths and visibility requirements shall be governed by the residential zone in which the P.R.D. is located. Exception to streets may be made by the planning commission upon the recommendation of the city engineer, given due consideration for traffic volume.

    (E) Planned residential development enforcement. Planned residential development enforcement. If no construction has begun in the P.R.D. within twelve (12) months from the date of the planning commission's approval of the P.R.D., said approval of the P.R.D. shall lapse and be of no further effect and no building permits shall be issued. The planning commission, upon showing of good cause by the developer, may extend for a period of twelve (12) months the time for beginning construction. The applicant must begin and substantially complete the development of the P.R.D. within two (2) years from the time of its final approval. If the P.R.D. is to be developed in stages, the applicant must begin and substantially complete the development of each stage within two (2) years of time provided for the start of construction of each stage. If the applicant does not begin and substantially complete the P.R.D. or any stage of the P.R.D. within the time limits imposed by this section, the municipal building inspector shall review the P.R.D. and may recommend that the time for completion of the planned unit be extended, that the approval of the P.R.D. be revoked or that the planned unit be amended. The planning commission will act upon the municipal building inspector's recommendation within thirty (30) days from the receipt thereof.

    j. MW-1 Mini-Warehouse District. This district exists for the development of mini-warehouse to be leased to general public for storage purposes. The use of land and building within such areas is limited to multiple storage units leased to general public on a per unit basis. Outside storage of any items is strictly forbidden.

    k. HC Highway Commercial District. Characteristics: The intent of this district is to encourage appropriate commercial development along the US 72 Corridor whose function depends upon access to and from the highway.

    TABLE OF PERMITTED USES FOR HIGHWAY COMMERCIAL DISTRICT

    Alcoholic beverages:

    Retail beer, off-premises consumption

    Retail table wine, off-premises consumption

    Restaurant retail liquor, wine, beer for on-premises consumption

    Lounge retail liquor, wine, beer for off-premises consumption

    Lounge retail liquor, wine, beer for on and off-premises consumption

    Retail wine, beer for on and off-premises consumption

    Alcoholic beverage package store

    Amusement part, amusement arcade

    Antique store, retail

    Apparel and clothing store

    Appliance repairer with all storage of goods, materials, equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area

    Art galleries

    Art gallery or museum

    Artistic programs or events

    Assembly hall, coliseums and stadiums owned by non-profit organizations or by the state, municipal, or county government

    Automobile accessories (sales)

    Automobile and truck sales with inventory, rental with inventory and repair when carried on entirely within the principal building and incidental to the principal use

    Automobile washeteria

    Bakery (goods baked and sold on premises)

    Bank

    Barber shops

    Beauty and barber shop supplies

    Beauty shops

    Boat sales with inventory, rental with inventory and repair when carried on entirely within the principal building and incidental to the principal use

    Bookstore

    Bowling alley

    Broker, investments, loans

    Building materials companies with all storage of goods, materials, and equipment and all processing and manufacturing kept within a completely enclosed building(s) and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area

    Building supplies and materials, glass sales and installation with no outside storage for lumber, bricks, cement blocks or other materials

    Camera and photographic supplies

    Caterer

    Cleaners, dryers, clothing storage establishments (all including pick-up station) or self-service laundromat, all performing services entirely for retail trade on the premises

    Clothing, wearing apparel and accessories, retail

    Coliseums, assembly hall, and stadiums owned by non-profit organizations or by the state, municipal, or county government

    Delicatessen, grocery store, supermarket or other store carrying a variety of food and related goods

    Department stores (including sale of specific items elsewhere in this table, if customarily sold in such a store) with no limitation on floor space

    Department stores (including sale of specific items elsewhere in this table, if customarily sold in such a store) with limitation of floor space of not more than forty thousand (40,000) square feet

    Drive-in eating and drinking establishment and establishment catering to "take-out" trade

    Drug store or cosmetic store including sale of goods and services customarily incidental thereto

    Farmer's market

    Floral shop

    Florist

    Food or drink sales for immediate consumption within the principal and excluding all types of drive-in establishments serving food or drink outside of a building or catering to the "take-out" trade

    Food specialty store, including but not limited to the following lines: Meat (excluding slaughtering and eviscerating), fish, eggs, poultry (excluding slaughtering), fruit, vegetables, candy, nuts, coffee, tea, confection, dairy products, health foods, bakery (retail)

    Garden shop

    Gift shop

    Greenhouse and nursery, commercial

    Grocery, delicatessen, supermarket or other store carrying a variety of food and related goods

    Handicrafts - manufacture and sale of at retail or wholesale which are manufactured predominantly by hand and involve the application of artistic skills

    Hardware store

    Hobby shop

    Hobby supply store

    Home improvement company with storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area

    Hospital supplies

    Hotels, motels and tourist homes

    Household appliance store

    Interior decorator

    Interior decorator shop

    Jewelry store

    Letters, duplicating and mailing

    Liquor, wine, beer sales not to be consumed on premises

    Motels, hotels and tourist homes

    Motorcycle sales, rental and repair when repair is carried on within the principal building

    Museums, art galleries

    Music store

    Nursery and greenhouse, commercial

    Parks, public or private

    Pawn shop

    Personal service establishments providing, but limited to, barber and beauty shops, shoe repair shops, travel agencies, photographers, reducing salons, tailors, dressmakers

    Pharmacy

    Photographers

    Photographic studios

    Plumbing supplies and equipment without outside storage of materials

    Restaurant or drive-in food or drink sales for immediate consumption within the principal building and all types of drive-in establishments serving food or drink outside of a building or catering to the "take-out" trade

    Restaurant and establishments selling food and drinks for immediate consumption on the premises or catering to "take-out" and "drive-through" trade; provided, no live entertainment or dancing is permitted and provided that where alcoholic beverages for on-premises consumption, more than fifty (50) per cent of the gross sales must be composed of meals or food prepared on the premises

    Restaurant supplies (sales)

    Retail stores selling or renting goods predominantly at retail on the premises, including but not limited to the following: (1) Hardware, paint, wallpaper, fabrics, upholstery supplies, curtains, linens, knitting supplies, china, glass, pottery; (2) Furniture, floor covering, appliances; (3) Farm and garden supplies, including nursery stock, feed and grain; (4) Antiques and secondhand goods, excluding materials held only for discard or repossessing; (5) office supplies; (6) beauty supplies

    Stadiums, coliseums, assembly halls owned by non-profit organizations or by the state, municipal, or county government

    Service stations (gasoline) complying with the following conditions: (1) Is limited in function to dispensing gasoline, oil, grease, anti-freeze, tires, batteries, seat belts, fan belts, water hose, and other similar accessories directly to motor vehicles; (2) Does not rent or sell motor vehicles, trailers, or general replacement parts; does not overhaul, tune up, or repair motors or bodies; does not provide brake relining service, wheel alignment, upholstery work, auto glass work, painting, welding, tire recapping or auto dismantling; (3) Parks no vehicles, being serviced or stored for customers on streets, alleys, public sidewalks or public park strips; (4) Stores no vehicle or parts of vehicles outside the mail building for a period exceeding two (2) days; (5) Is provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or night by the movement of vehicles and lighting facilities are so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic; (6) Has at least on-street frontage with a minimum width of one hundred feet

    Sign making company with all storage of goods, materials, and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area

    Skating rink

    Specialty stores selling or renting goods predominantly at retail on the premises, including but not limited to the following lines: Tobacco, news, books, stationery, gifts, novelties, cards, flowers, jewelry, luggage, optical goods, sporting goods, bicycles, pets, hobbies, toys, coins, stamps, photo supplies, art supplies, works of art, music, musical instruments, hobby goods, pets, sewing machines, radio and TV sales and service

    Stadiums, coliseums, assembly hall owned by non-profit organizations or by the state, municipal, or county government

    Supermarket, grocery, delicatessen, or other store carrying a variety of food and related goods

    Theater excluding drive-in

    Theaters, legitimate, artistic programs or events

    Tourist homes, hotels, motels

    Travel agencies

    Uniform sales or renting

    Upholsterer with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area

    Utility (public) distribution lines, transformer stations, transmission lines and towers, water tanks and towers, and telephone exchanges but not service storage yards

    Variety store (including sale of specific items elsewhere in this table, if customarily sold in such a store), having a total floor area of not more than forty thousand (40,000) square feet

    Variety store (including sale of specific items elsewhere in this table, if customarily sold in such a store), with no limitation of floor space

    l. RVP Recreational Vehicle Park District. The intent of this district is to encourage appropriate development of recreational vehicle parks as distinguished from mobile home parks.

    Recreational vehicle park: All recreational vehicle parks shall be developed according to the following standards:

    a) Minimum lot requirements:

    1. Minimum size for development site: Two hundred twenty thousand five hundred (220,500) square feet. (five (5) acres)

    2. The development site shall have at least fifty (50) feet of frontage on an arterial road.

    b) Vehicle site requirements:

    1. The minimum vehicle site area shall be one thousand two hundred (1,200) square feet, with a minimum width of twenty (20) feet and a minimum depth of forty (40) feet. All RV sites shall be shown on the site plan for the park.

    2. The minimum distance between recreational vehicles shall be twenty (20) feet. The minimum distance between a recreational vehicle and any structure shall be twenty (20) feet. The minimum allowable distance between recreational vehicles shall, for the purpose of this section, be measured from and between the outermost structural parts or attached accessory features.

    3. The addition or attachment of any accessory structures such as awnings, porches, carports, or individual storage facilities not specifically designed and included as a standard part of the original RV shall be expressly prohibited.

    4. The removal of wheels and/or the installation of skirting materials around the base of an RV shall be prohibited.

    c) Allowable accessory uses.

    1. Clubhouse, bathhouse, camp store, laundry, swimming pool, and other shared facilities for the common use of the residents of a development.

    2. No more than one (1) dwelling unit of conventional construction, at least six hundred (600) square foot in size, for the use of a resident manager.

    d) Bufferyards. There shall be a bufferyard along all property lines where the park adjoins a road, vacant property, or a different land use. RV parks shall meet general landscaping requirements prescribed by the planning commission and shall not exceed the following performance criteria:

    Maximum gross density: 10 RV sites/acre
    Maximum I.S.R. for entire park: .25
    Maximum I.S.R. for any RV site: .60
    Maximum building height (conventional structures): 35 feet

    For purposes of site plan review, it shall be assumed that impervious surfaces cover sixty (60) per cent of each designated RV site unless the site plan specifies a lesser amount. An open space area shall be provided which is easily accessible from all vehicle sites. The minimum size of such open space area shall be twenty (20) per cent of the entire tract area or twenty thousand (20,000) square feet, whichever is greater.

    e) Other regulations:

    1. Site plan. Any applicant for the required permits to establish, construct, alter or extend a recreational vehicle park in Tuscumbia shall prepare and submit three (3) copies of a detailed site plan to the municipal building inspector. The municipal building inspector shall transmit a copy of the site plan to the planning commission and any department or agency which might be affected. The planning commission shall examine the site plan and within forty-five (45) days of receipt of the plan, the planning commission must approve or disapprove the plan.

    If the planning commission does not approve the final site plan, their (its) specific reasons for disapproval should be stated in writing and made part of the public record, as well as presented to the developer.

    The building inspector shall not issue building permits nor shall construction begin until the site plan is approved by the planning commission or otherwise permitted by the city council.

    2. Access and internal streets. RV sites within the park shall be served by internal roads and shall not have direct access to public streets. Maintenance of private roads within the park shall be the responsibility of the developer and/or owner of the property.

    The width and improvement of roads and driveways within an RV park is to be as follows:

    (i) One-way. Eighteen (18) feet wide if road serves sixty (60) spaces or more; fifteen (15) feet if road serves less than sixty (60) spaces; twelve (12) feet for one-way internal road between campsite clusters without individual space access;

    (ii) Two-way divided. Fifteen (15) feet wide on each side of divider;

    (iii) Two-way. Twenty-four (24) feet wide;

    (iv) Parking. Parking along internal roadways is allowed only when a paved parking lane, eight (8) feet wide is provided in addition to the roadway.

    (v) Paving. All internal roadways shall be paved.

    3. Off-street parking and maneuvering space. The internal circulation system of an RV park shall be designed so that parking, loading or maneuvering of vehicles shall not necessitate the use of any public street, sidewalk, or right-of-way, or any private grounds not part of the designated parking area. Sufficient maneuvering, space and off-street parking facilities shall be provided at each site to accommodate a towing vehicle.

    4. Duration of stay. Vehicle sites shall be rented by the day or week only. No RV shall remain in a park longer than sixty (60) consecutive days.

    5. Ground cover. Exposed ground surfaces in all parts of every vehicle site area or other vehicle parking area shall be grassed, paved, or covered with gravel to prevent soil erosion.

    6. Drainage requirements. Surface drainage plans for the entire tract shall be reviewed by the city engineer, who shall determine whether the proposed plan is compatible with the surrounding existing drainage pattern and any relevant drainage plan of the city, prior to issuance of building permits.

    7. Ownership. RV parks may not be platted or otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, shall be privately owned or owned in common by residents of the park, and shall not occupy parcels of land which are deeded separately from the rest of the park. The City of Tuscumbia shall not be responsible for maintenance and/or repair of common facilities within any recreational vehicle park.

(Ord. of 10-6-81)

(Ord. No. A-129, 1-13-97; Ord. No. A-167, 7-12-99; Ord. No. A-232, 12-9-2002; Ord. No. A-252, 8-11-2003)

(Ord. No. 07-0618, § 2, 6-18-2007)

refeditor

At the city's request, the substantive provisions of Ord. No. A-129, adopted January 13, 1997, were included herein as § 5.2.i.

m. Historical or architectural landmarks overlay district. The purpose and intent of the historical or architectural overlay district is to promote the preservation of historic or architectural landmarks of particular character, value, and importance to the City. Notwithstanding any other provision of this chapter, the city council may, after due notice and public hearing, authorize by ordinance an overlay district to apply to property containing an historical or architectural landmark. Within the district, "small venue entertainment" shall be permitted in addition to any uses permitted within the underlying zoning district, provided that:

(1) A normally permitted use is not economically or practically feasible, or would not be in the interest of historical preservation; and

(2) The proposed use will tend to promote the maintenance or restoration of the unique historical or architectural qualities of the property; and

(3) The use will maintain compliance with all applicable municipal codes; and

(4) The historical or architectural landmark is a structure, premises, or site listed in the National Register of Historic Places, the Historic American Buildings Survey, the Statewide Plan of Historic Preservation (revised) prepared by the Alabama Historical Commission, or the Alabama Register of Historic Landmarks.

3. Use regulations for Business and Industrial districts. Within the Business and Industrial zoning districts and subject to all requirements and conditions of this ordinance, land and buildings may only be used for uses listed in the Table of Permitted Uses for Business and Industrial Districts. Uses permitted by right in the various districts are indicated by an X and uses permitted on appeal are indicated by an A. Required district sizes, yards, and setbacks are set forth in the appropriate columns of the Table of Area and Dimensional Requirements which follows herein. Following are the intended characteristics for each of the business and industrial districts:

a. B-1 Neighborhood Trade districts. Characteristics: This district is intended primarily to serve the needs of the surrounding residential neighborhood, providing goods and services that are day-to-day needs, generally classified by merchants as "convenience goods and services." Businesses which might tend to be a nuisance to the immediately surrounding residential developments are excluded, even thought he goods or services offered might be in the convenience category or classification.

b. B-2 General Retail districts. Characteristics: This district serves several functions. It provides central concentrations of goods and services for more than one neighborhood. It provides comparison shopper's goods, convenience goods and services, specialty goods, amusements and numerous services for less than a city-wide market. It also provides locations for small businessmen with a city-wide market which cannot operate in the downtown area. The predominant purpose of all these functions is retail trade.

c. B-3 Central Business district. Characteristics: This district is the central shopping area of the city. Normally found in the central business district are large stores offering comparison shopper's goods, specialty stores, business services, banks and other financial institutions, offices, theaters, hotels, and government buildings. The use of land is intensive and this intensity of use is one of the main determinants of the vitality of the Central Business district. It is the purpose of these regulations to encourage such intensity of use and to exclude activities which have a negative effect upon the proper functioning of the downtown area.

d. M-1 Manufacturing district. Characteristics: This district is intended for industrial uses, which are not offensive to nearby commercial or residential uses, and for business uses which generally support and are integrated with these industrial uses. Further development of residences is prohibited from these districts to prevent residences from being established under strongly adverse conditions and to conserve the supply of industrial land.

e. M-2 Manufacturing district. Characteristics: This district is for heavy industrial activities which may be offensive, or incompatible, if located near commercial or residential uses and for limited business uses which support or are compatible with these heavy industrial activities. Further development of residences is prohibited from these districts to prevent residences from being established under strongly adverse conditions and to conserve the supply of industrial land.

f. B-3A Alternate Business district. Characteristics: This district is intended to serve the needs of any non-profit private club which charges a membership fee and offers recreational services to its members and has total recreational facilities of not less than fifty (50) acres. (Ord. of 12-1-81, § 3)

g. [R-B] Residence-Business district. Characteristics: These districts are composed of areas containing a mixture of a residential, public and semipublic, and light commercial uses. The district regulations are designed to encourage further appropriate development by limiting the permitted uses to dwellings and uses of a public, semi-public or light commercial nature and to protect the abutting and surrounding residential areas by the creation of standards that are comparable to those called for in the residence districts.

Development requirements within the Residence-Business districts shall be as follows:

(a) Building site area: The minimum building site area shall be:

For a one-family dwelling ..... 7,200 square feet
For a two-family dwelling ..... 7,500 square feet
For a multiple-family dwelling:
  First two dwelling units ..... 7,500 square feet
  Each additional dwelling unit ..... 1,500 square feet
For any other permitted use ..... 7,500 square feet

(b) Minimum yard requirements: The minimum dimensions of yards shall be:

Front yard 25 feet

Rear yard 25 feet

(c) Additional requirements: All other requirements and regulations of the zoning ordinance of the City of Tuscumbia shall apply to R-B districts. The regulations and requirements applicable to B-2 districts shall apply to R-B districts except as inconsistent with the particular requirements and regulations applicable to R-B districts stated herein. (Ord. No. A-44, § 2, 5-20-86)

TABLE OF PERMITTED USES FOR NON-RESIDENTIAL DISTRICTS

Permitted Uses Business Industrial
B-1 B-2 B-3 B-3A R-B M-1 M-2
Airport A A
Alcoholic beverages:
  Retail beer, off-premises consumption (Ord. No. A-44, § 3, 5-20-86) X X X X
  Retail table wine, off-premises consumption (Ord. No. A-44, § 3, 5-20-86) X X X X
  Restaurant retail liquor, wine, beer for on-premises consumption (Ord. No. A-44, § 3, 5-20-86) X X X
  Lounge retail liquor, wine, beer for off-premises consumption X X
  Lounge retail liquor, wine, beer for on-and off-premises consumption X
  Retail wine, beer for on-and off-premises consumption X
  Clubs—Class I private, non-profit and Class II private X
  Clubs—Class I private, non-profit with total recreational facilities of not less than fifty (50) acres (Ord. of 12-1-81, § 4) X
Alcoholic beverage package store X X X A A
Ambulance service X X A
Amusement park, amusement arcade X
Antique store, retail (Ord. No. A-44, § 3, 5-20-86) X
Apartment complex (Ord. No. A-44, § 3, 5-20-86) A
Apparel and clothing store X X X
Appliance repairer with all storage of goods, materials, and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area X X X
Appliance repairer with no limit as to floor area or outside storage X X
Art galleries X X X
Art gallery or museum (Ord. No. A-44, § 3, 5-20-86) X
Artistic programs or events X X X A A
Assembly hall, coliseums and stadiums owned by non-profit organizations or by the state, municipal or county government X X X X
Auto racing A A
Automobile accessories (sales) X X A
Automobile and truck sales with inventory, rental with inventory and repair when carried on entirely within the principal building and incidental to the principal use X X X X
Automobile washeteria A X
Bakery (goods baked and sold on premises) X X X A
Bakery, wholesale X X
Bank (Ord. No. A-44, § 3, 5-20-86) X X X A A A
Barber shops (Ord. No. A-44, § 3, 5-20-86) X X X X A
Beauty and barber shop supplies X X A
Beauty shops (Ord. No. A-44, § 3, 5-20-86) X X X X A
Billiard or pool hall X X
Boat building, repair, service and storage X X
Boat sales with inventory, rental with inventory and repair when carried on entirely within the principal building and incidental to the principal use X X X X
Bookstore (Ord. No. A-44, § 3, 5-20-86) X
Bottling works and dairy products X X
Bowling alley X X
Broker, investments, loans X X X
Building contractors with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet X X X
Building materials companies with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area X X X
Building supplies and materials, glass sales and installation with storage yard for lumber, bricks, cement blocks or other materials X X
Building supplies and materials, glass sales and installation with no outside storage of lumber, brick, cement blocks or other materials X X X X
Bus passenger station (intercity) X
Camera and photographic supplies (Ord. No. A-44, § 3, 5-20-86) X
Candy products and manufacture X X
Caterer X A
Cemeteries, mausoleums X X A A
Charitable and philanthropic organizations X X X
Church: Including educational and accessory buildings (Ord. No. A-44, § 3, 5-20-86) A
Churches and other places of worship including Sunday School buildings, parish houses, rectories and other residences of clergy X X X
Cleaners, dryers, clothing storage establishments (all including pick-up station) or self-service laundromat, all performing services entirely for retail trade on the premises X X X A
Cleaning of building exteriors, disinfecting or exterminating establishments with all materials and equipment completely enclosed within the principal building and the entire establishment occupying no more than two thousand (2,000) square feet of net floor space X X
Clothing, wearing apparel and accessories, retail (Ord. No. A-44, § 3, 5-20-86) X
Clothing and apparel store X X X
Clothing manufacturer X X
Cold storage facility X X
Coliseums, stadium, assembly halls owned by non-profit organizations or by the state, municipal or county government X X A A
College (business college only) X X
Colleges and universities, private and public X X
Clubs—Membership (not operated for profit) X X
Community centers X X X A
Contractors, building, electrical and plumbing with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet X X X
Convalescent and nursing homes and homes for the aged X
Cosmetic store including sale of goods and services customarily incidental thereto X X X
Credit bureaus X X
Credit union (Ord. No. A-44, § 3, 5-20-86) A
Dairy products, processing, bottling and distribution, cream manufacturing, all on a whole-sale basis X X
Dance hall, club X X
Dancing or music schools X X X
Delicatessen, grocery, supermarket or other store carrying a variety of food and related goods X X X A
Delicatessen, grocery store, supermarket or other store selling a variety of food and related goods (Ord. No. A-44, § 3, 5-20-86) X
Dental and medical offices and clinics (excluding veterinarians) X X X
Dental supplies X X A
Department stores (including sale of specific items elsewhere in this table, if customarily sold in such a store) with no limitation on floor space X X
Department store (including sale of specific items elsewhere in this table, if customarily sold in such a store) with limitation of floor space of not more than forty thousand (40,000) square feet X X X
Diaper service X X
Dressmaker X X X A
Drive-in eating and drinking establishment and establishment catering to "take-out" trade X X X A
Drive-in theater X A A
Driving school X
Drug store, or cosmetic store, including sale of goods and services customarily incidental thereto X X X
Dry-cleaning, laundering, dyeing or diaper service X X
Dry-cleaning or laundry for retail only X X X X
Dwelling, one-family (Ord. No. A-44, § 3, 5-20-86) X
Education facilities and industrial research X X X
Electrical and industrial equipment repair X X
Electrical contractors with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet X X X
Electrical equipment assembly X X
Express office X X X
Exterminating establishment with all materials and equipment completely enclosed within the principal building and the entire establishment occupying no more than two thousand (2,000) square feet of net floor space X X
Fair, carnival, rodeo, etc. X X
Farm equipment sale and rental with inventory, repair X X
Farm machinery repair X X
Farmer's market X A
Feed and grain sales and storage X X
Floral shop (Ord. No. A-44, § 3, 5-20-86) X
Florist X X X
Food or drink sales for immediate consumption within the principal building and excluding all types of drive-in establishments serving food or drink outside of a building or catering to the "take-out" trade X X X X X
Food processing in wholesale quantities except meat, fish, poultry, vinegar and yeast X X
Food specialty store, including but not limited to the following lines: Meat (excluding slaughtering and eviscerating), fish, eggs, poultry (excluding slaughtering), fruit, vegetables, candy, nuts, coffee, tea, confection, dairy products, health foods, bakery (retail) X X X A
Foundaries producing iron and steel products X
Funeral parlors, mortuaries X A
Furniture and appliance repairer, home improvement company, upholster, general contractor or workman, building materials company, sign making company with all storage of goods, materials and equipment and processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area X X X
Furniture manufacturing X X
Garden shop X X X
Gas—Natural and propane bulk storage A X
Gasoline of bulk terminal plants for wholesale storage A X
General contractor or workman with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area X X X
Gift shop (Ord. No. A-44, § 3, 5-20-86) X X X X
Golf courses, miniature golf and driving ranges X X X
Government buildings used exclusively by the federal, state, county or city government purposes except for garages, repair or storage yards, warehouses and buildings used for industrial type operations, or for operations requiring heavy and frequent movement of trucks X X X X X
Greenhouse and nursery, commercial A X X
Grocery, delicatessen, supermarket or other store carrying a variety of food and related goods X X X A
Gymnasium, health center, commercial or skating rink X X
Handicrafts—Manufacture and sale of at retail or wholesale which are manufactured predominantly by hand and involve the application of artistic skills X X X
Hardware store X X X
Hatcheries X
Health centers, massage and steam baths X X X
Heliports A A A
Hobby shop X X X
Hobby supply store (Ord. No. A-44, § 3, 5-20-86) X
Home improvement company with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area X X X
Home occupation (Ord. No. A-44, § 3, 5-20-86) A
Hospital supplies X X A
Hospitals (excluding animal hospitals) X X X
Hotels, motels and tourist homes X X A A
Household appliance store X X
Ice manufacture X X
Incinerators, city owned; city dumps X
Industrial and electrical equipment repairs X X
Industrial equipment machinery repair, service A X
Industrial—Light operations or light mechanical, not offensive, obnoxious or detrimental to neighborhood uses by reason of dust, smoke, vibration, noise, odor of [or] effluents X X
Insurance company or agency X X X
Interior decorator X X X
Interior decorator shop (Ord. No. A-44, § 3, 5-20-86) X
Jewelry store X X X
Junk yards—Providing all conditions set forth below are met: A
 (1)  No material is stored which fails to meet the conditions set forth in the definition of a "junkyard" in section 10 of this ordinance.
 (2)  No material shall be placed in any junk-yard in such a manner that it is capable of being transferred out of the junk-yard by wind, water or other causes.
 (3)  All paper, rags, cloth and other fibers and activities involving the same other than loading or unloading shall be fully within enclosed buildings.
 (4)  In order to lessen the adverse effect on adjoining property, reduce wind-blown trash, prevent hazards to children and create a more healthful environment, suitable screening such as screen planting or fencing will be required as a condition set in approving a junkyard.
Kennel, commercial or other establishment where the care, breeding or sale of animals is the principal purpose of the enterprise, with no animals to be located within five hundred (500) feet of any residentially zoned property or one hundred (100) feet from any property line X X
Kiddieland X
Kindergartens and day nurseries meeting all requirements of appropriate state and local regulations and standards X X X
Laboratories serving professional requirements dentist, medical, etc. X X A
Laboratory supplies X X A
Laundry or dry-cleaning for retail only X X X X
Laundering plant, dry-cleaning, or dyeing, diaper service X X
Laundromat—Self-service, performing services entirely for retail trade X X X A
Leather goods manufacture X X
Letters, duplicating and mailing X X A A
Libraries X X X A
Library or reading room (Ord. No. A-44, § 3, 5-20-86) X
Liquor, wine, beer sales, not to be consumed on premises X X X A
Lodges, fraternal and social organizations, union halls, headquarters for Scout and other youth organizations X X
Machine shops X X
Machine tool manufacturing X
Magazine or newspaper distribution X X A
Manufacturing uses not otherwise named herein upon the approval of the board of adjustment provided that no use shall be permitted in this section which is likely to be dangerous, offensive or detrimental to the health, safety, welfare or general character of this zoning district, or of the community by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibration, glare, or otherwise X
Meat processing and packing A X
Mechanical (light) or light industrial operations not offensive, obnoxious, or detrimental to neighboring uses by reason of dust, smoke, vibrations, noise, odor or effluents X X
Medical and dental offices and clinics excluding veterinarians X X X
Mobile homes sales and rental, but not including occupancy on the site (none on appeal). (Ord. of 10-6-81) X X
Monument sales establishment, with incidental processing to order, but excluding the shape of stones and similar processes. (Ord. of 10-6-81) X X
Motels, hotels, tourist homes X X
Motor vehicle repairs excluding full body paint spraying and body and fender work except replacement, carried on within structure with storage of wrecked vehicles or parts permitted only behind the principal building. Such storage of vehicles or their parts will be incidental to the principal business and will not constitute a junkyard as defined in section 10 of this ordinance X X X
Motor vehicle repairs including full body paint spraying and all body and fender work carried on within a structure with storage of wrecked vehicles or parts permitted only behind the principal building. Such storage of vehicles or their parts will be incidental to the principal business and will not constitute a junkyard as defined in section 10 of this ordinance A X X
Motorcycle sales, rental and repair when repair is carried on within the principal building X A
Moving, storage and warehousing establishments X X
Museums, art galleries X X X A
Music or dancing school X X X
Music store (Ord. No. A-44, § 3, 5-20-86) X
Newspaper or magazine distribution X X A
Newspaper publishing X A A
Nurseries (day) and kindergartens meeting all requirements of appropriate state and local regulations and standards X X X
Nursery, daycare or kindergarten (Ord. No. A-44, § 3, 5-20-86) A
Nursery and greenhouse, commercial A X X
Office—Professional, business, administrative, executive and other offices having no storage of stock in trade (other than samples) or heavy equipment, and no sale of commodities on the premises X X X A
Office, professional buildings (Ord. No. A-44, § 3, 5-20-86) X
Office equipment and supplies, restaurant supplies, dental, hospital, beauty and barber supply store, or laboratory supply and incidental service associated with sale thereof X X A
Offices—Any which is incidental to use otherwise permitted in the district or which functions itself as all or part of a use otherwise permitted within the district X X X X X
Optical and scientific instrument manufacture A X X X
Orthopedic braces, artificial limbs, etc. (sale) X X
Outdoor advertising X X X X X
Parking lot, on-site or off-site or parking structure for employees, customers, or visitors for any business or industrial use, or commercial or public parking lot or parking structure X X X X X
Parks, public or private X X X A
Parochial and/or private schools (Ord. No. A-44, § 3, 5-20-86) A
Patrol system or burglar alarm watching service X X X X
Pawn shop X X
Penal and correctional institutions A A A X X
Personal service establishments providing, but limited to, barber and beauty shops, shoe repair shops, travel agencies, photographers, reducing salons, tailors, dressmakers X X X
Pharmacy (Ord. No. A-44, § 3, 5-20-86) X
Philanthropic organizations X X X A
Photographers X X X
Photographic studio (Ord. No. A-44, § 3, 5-20-86) X
Plastics manufacturing X
Playgrounds X X X A
Plumbing contractors with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet X X X
Plumbing shops X X
Plumbing supplies and equipment with outside storage of materials X X
Plumbing supplies and equipment without outside storage of materials X X X X
Pottery and porcelain manufacture X X
Pottery, porcelain and vitreous china manufacturing X
Pre-fabricated home sales X
Printing, blueprinting, engraving or other reproduction services with no limit as to floor area X X X X
Public schools, elementary and/or secondary (Ord. No. A-44, § 3, 5-20-86) A
Radio and television transmitting towers and stations A X X
Radio and television stations excluding transmission towers X X X X
Railroad passenger stations X X X
Reducing salons X X X A
Repair shop for repairs or adjustments to bicycles, small appliances, watches, locks, musical instruments, guns and similar items conducted wholly within a building with no outside storage of materials or equipment X X X
Rescue service X X X X
Research (industrial) and educations facilities X X X
Restaurant or drive-in food or drink sales for immediate consumption within principal building and all types of drive-in establishments serving food or drink outside of a building or catering to "take-out" trade X X X A
Restaurant and establishments selling food and drink for immediate consumption on the premises or catering to "take-out" and "drive-through" trade; provided, no live entertainment or dancing is permitted and provided that where alcoholic beverages for on-premises consumption, more than 50% of the gross sales must be composed of meals or food prepared on the premises (Ord. No. A-44, § 3, 5-20-86) X
Restaurant supplies (sales) X X A
Retail stores selling or renting goods predominantly at retail on the premises, including but not limited to the following:
 (1)  Hardware, paint, wallpaper, fabrics, upholstery supplies, curtains, linens, knitting supplies, china, glass, pottery X X X
 (2)  Furniture, floor covering, appliances A X X
 (3)  Farm and garden supplies, including nursery stock, feed and grain A X X
 (4)  Antiques and secondhand goods, excluding materials held only for discard or repossessing A X X
Roofing and tinsmithing X X
Savings and loan association (Ord. No. A-44, § 3, 5-20-86) A
Service stations (gasoline) but not including body work, major repair, dismantling for the recovery of parts, or storage of vehicles or parts of vehicles for more than five (5) days X X A A
Service stations (gasoline) complying with the following conditions: X X X A A
 (1)  Is contained in a structure limited in size to two (2) single car service bays, plus restrooms and office and/or supply storage space.
 (2)  Is limited in function to dispensing gasoline, oil, grease, anti-freeze, tires, batteries, seat belts, fan belts, water hose, and other similar accessories directly to motor vehicles.
 (3)  Does not rent or sell motor vehicles, trailers, or general replacement parts; does not overhaul, tune up or repair motors or bodies; does not provide brake relining service, wheel alignment, upholstery work, auto glass work, painting, welding, tire recapping or auto dismantling.
 (4)  Parks no vehicles, being serviced or stored for customers on streets, alleys, public sidewalks or public park strips.
 (5)  Stores no vehicle or parts of vehicles outside the main building for a period exceeding two (2) days.
 (6)  Is provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or night by the movement of vehicles and lighting facilities are so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.
 (7)  Has at least on-street frontage with a minimum width of one hundred (100) feet.
Sheet metal products (light) such as ventilating ducts and eaves X X
Shoe repair shop X X X A
Sign making company—With all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area X X X X
Sign manufacturer X X
Skating rink X X
Social and fraternal organizations, lodges, union halls, headquarters for Scouts and other youth organizations X X
Specialty stores selling or renting goods predominantly at retail on the premises, including but not limited to the following lines: Tobacco, news, books, stationery, gifts, novelties, cards, flowers, jewelry, luggage, optical goods, sporting goods, bicycles, pets, hobbies, toys, coins, stamps, photo supplies, art supplies, works of art, music, musical instruments, hobby goods, pets, sewing machines, radio and TV sales and service X X X
Stadiums, coliseums, assembly halls owned by non-profit organizations or by state, municipal or county government X X A A
Storage of commercial vehicles (where not an accessory use to another use which is permitted) A X X
Storage (outside) of heavy materials and equipment A X
Storage, moving, warehousing establishment X X
Supermarket, grocery, delicatessen or other store carrying a variety of food and related goods X X X A
Tailors X X X
Taxi dispatching station X X X X
Taxi terminal X X X X
Telegraph or messenger service X X A A
Television and radio stations excluding transmission towers X X X X
Television and radio stations and transmitting stations A X X
Theater excluding drive-in X X
Theaters, legitimate, artistic programs or events X X X
Textile manufacturer X X
Tile, brick and terra cotta manufacturing X
Tinsmith and roofing X X
Tire recapping and retreading X A X X
Tobacco products manufacture and storage X X
Tourist homes, hotels and motels X X
Trade and vocational schools X X
Travel agencies X X X
Truck or rail freight yard or terminal X X
Uniform sales or renting X X X
Upholsterer with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings and the entire establishment occupying no more than two thousand (2,000) square feet of net floor area X X X
Upholsterer with more than two thousand (2,000) square feet of net floor area X X
Utility company offices including exchanges X X X X X
Utility (public) distribution lines, transformer stations, transmission lines and towers, water tanks and towers, and telephone exchanges but not service or storage yards X X X X X
Utility (public) storage yards X X
Variety store (including sale of specific items elsewhere in this table, if customarily sold in such a store), having a total floor area of not more than forty thousand (40,000) square feet X X X
Variety store (including sale of specific items elsewhere in this table, if customarily sold in such a store) with no limitation of floor space X X
Warehousing, or moving and storage establishments X X
Welding shops X X
Wholesaling or distribution, including the handling of stock and incidental retail X X

TABLE 1
SUMMARY OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL
USES AND STRUCTURES
MINIMUM LOT SIZE

District Minimum
District
Size
(acres)
Area
(sq. ft.)
Minimum Lot Acre Per Dwelling Unit (sq. ft.) Lot Width at Building Line (feet) Lot Width at Front Lot Line (feet)
R-1 15,000 15,000 95 60
R-2 12,000 12,000 90 50
R-3 9,000 3,000 70 45
R-4 6,000 3,000 50 40
RMF-1 Area and dimensional requirements are specified in section 5, subsection 2.e.
MH-1 8 Area and dimensional requirements are specified in section 5, subsection 2.f.
B-1
B-2
B-3
M-1 2
M-2 5
FP-1
O-I 6,000 3,000 60 40

MINIMUM YARD REQUIREMENTS

Front
Yard
(feet)
Rear
Yard
(feet)
Interior*
Side Yard
(feet)
Street**
Yard
(feet)
Maximum
Height
(feet)
40 45 10 25/c 35
35 40 10 25/c 35
30 35 10 25/c 35
25 30 8 25/c d
25 25 a 15 d
25 25 a 15 e
a a
25/b b 15
50 25/b b 25
75 50 50 75 35
25 30 8 25/c d

* Interior side yard: A side yard not abutting a street right-of-way.

** Street side yard: A side yard that abuts a street right-of-way.

(a) Twenty (20) feet shall be provided when contiguous to a residential district.

(b) Forty (40) feet shall be provided when contiguous to a residential district.

(c) Street side yard shall correspond to required front yard of adjoining lot or be twenty-five (25) feet, whichever is larger.

(d) No direct limit, provided that all required yards must be increased by one (1) foot for each foot building wall exceeds ten (10) feet.

(e) No direct limit, provided that no point on a building wall shall be so located that it is closer to a front or side lot line than one (1) foot for each two (2) feet that such point is above the average finished lot grade along such front or side building wall.

TABLE 2
SUMMARY OF DIMENSIONAL REQUIREMENTS FOR ACCESSORY
USES AND STRUCTURES
PUBLIC AND SEMI-PUBLIC STRUCTURES

District Front Yard (feet) Rear Yard (feet) Side Yard (feet) Maximum Height (feet) Maximum Building Area (per cent)
R-1 75 40 40 45 50
R-2 75 40 40 45 50
R-3 75 40 40 45 50
R-4 75 40 40 45 50
RMF-1 75 40 40 45 50
MH-1 40 40 40 45 50
B-1 40 25 a c 50
B-2 40 25 a d 50
B-3 a a
M-1 40 25/b b 50
M-2 40 25/b b 50
FP-1 75 50 50 45 25

ACCESSORY STRUCTURES

Front Yard (feet) Rear Yard (feet) Side Yard (feet)
60 10 10
55 10 10
50 10 10
45 8 8
45 10 10
15 15 10

(a) Twenty (20) feet shall be provided when contiguous to a residential district.

(b) Forty (40) feet shall be provided when contiguous to a residential district.

(c) No direct limit, provided that all required yards must be increased by one (1) foot for each foot [of] building wall that exceeds ten (10) feet.

(d) No direct limit, provided that no point on a building wall shall be so located that it is closer to a front or side lot line than one (1) foot for each two (2) feet that such point is above the average finish lot grade along such front or side building wall.