ZONING AND SUBDIVIDING CHAPTER 7: ZONING AND SUBDIVIDING

CHAPTER 7: ZONING AND SUBDIVIDING 1

CHAPTER 7: ZONING AND SUBDIVIDING Chapter Page General Provisions 7.01 Purpose 4 7.02 Definitions 4 District Classification and Map 7.03 Zoning map and districts 11 Special Districts 7.10 R-A, agricultural-residence district 13 7.11 R-1, one-family residence district 16 7.12 R-2, one- and two-family residence district 20 7.13 R-3, multiple-family residence district 22 7.14 R-4, multiple-family residence district 25 7.15 R-5, multiple residence district 34 7.16 Reserved 36 7.17 Reserved 36 7.18 Reserved 36 7.19 Reserved 36 7.20 B-1, limited business district 36 7.21 B-2, service business district 39 7.22 B-3, general business district 45 7.23 B-4, service-recreational business district 49 7.24 B-5 and B-6, shopping center business district 51 7.25 Reserved 56 7.26 Reserved 56 7.27 Reserved 56 7.28 Reserved 56 7.29 Reserved 56 7.30 I-1, planned industrial district 56 7.31 I-2, general industrial district 63 7.32 I-3, planned industrial district 66 7.32-1 I-4, temporary industrial district 67 7.33 Landfill Management Overlay District Restricting Potable Wells 69 7.34 Permitted Uses in all Zones and Districts 70 7.35 Shoreland management overlay district 71 7.36 Wireless communication towers 90 2

General Regulations 7.40 Sign regulations 99 7.41 Off-street parking and loading 109 7.42 Additional requirements, exceptions and modifications 115 7.43 Wind Energy Conversion Systems (WECS) 118 7.44 Solar Energy Systems 127 7.45 Opting-Out of the Requirements of Minnesota Statutes Section 462.3593 131 7.46 Reserved 131 7.47 Reserved 131 7.48 Reserved 131 7.49 Reserved 131 7.50 Nonconforming uses 131 Administration and Enforcement 7.51 Board of Zoning Adjustment 131 7.52 Conditional use permit 134 7.53 Certificate of occupancy 136 7.54 Amendment 137 Subdividing 7.70 Title and reference 138 7.71 General provisions 139 7.72 Definitions 140 7.73 Preliminary plat; procedure 142 7.74 Preliminary plat; data required 145 7.75 Final plat; procedure 147 7.76 Final plat; data required 148 7.77 Design standards 151 7.78 Basic improvements 155 7.79 Registered land surveys; conveyances by metes and bounds 157 7.80 Variances 158 7.81 Compliance; building permits 159 7.82 Violations and penalty 159 Alteration of Land 7.97 Regulation of alteration of land 159 7.98 The Zoning Administrator 161 3

Appendix A: Land Use Intensity Designations 162 Appendix B: Riparian and Non-Riparian Lot Requirements 163 Appendix C: River/Stream Lot Width Standards 164 Appendix D: Shoreland Overlay Setback Requirements 165 7.01 PURPOSE. GENERAL PROVISIONS These zoning provisions are adopted for the purpose of: (A) Protecting the public health, safety, morals, convenience and general welfare; (B) Lessening congestion in the public rights-of-way; (C) Securing safety from fire, panic and other dangers; (D) Providing adequate light and air; (E) Preventing the overcrowding of land; (F) Avoiding undue concentration of population; (G) Facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and (H) Conserving the value of properties and encouraging the most appropriate use of land. ( 92 Code, 7.01) 7.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY BUILDING or USE. A subordinate building or portion of the main building, or subordinate use which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. AGRICULTURE. The growing of soil crops in the customary manner on open tracts of land, the raising of animals or poultry, except kennels and farms for disposal of garbage or offal, and incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of vehicles of customers shall be furnished off the public right-of-way. 4

ALLEY. A public thoroughfare less than 25 feet in width which provides secondary access to abutting property. APARTMENT. A part of a building consisting of a room or suite of rooms which is designed for, intended for or used as a residence for one family or an individual and is equipped with cooking facilities. APARTMENT BUILDING. Three or more apartments grouped in one building. APARTMENT HOTEL. A residential building designed or used for both two or more dwelling units and six or more guest rooms or suites of rooms. AUTOMOBILE WRECKING. See junk yards. BASEMENT. A portion of a building located partly underground. BILLBOARD. A sign which directs attention to a business, commodity, service, activity or entertainment not conducted, sold or offered upon the premises where the sign is located. BLOCK. A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines, waterways or boundary lines of the corporate limits of the city. BOARDING HOUSE. Any dwelling other than a hotel or motel where meals or lodging and meals for compensation are provided for five or more persons, pursuant to previous arrangements and not to anyone who may apply. BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattel or property of any kind. When separated by party walls without openings, each portion of the BUILDINGS so separated shall be deemed a separate building. BUILDING HEIGHT. The vertical distance from the average of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. CONDOMINIUM. Two or more dwelling units, each of which may be under separate ownership, but with common area and facilities. COURT. An open, unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot. DEPTH OF LOT. The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. 5

DEPTH OF REAR YARD. The mean horizontal distance between the rear line of the building, other than accessory buildings, and the rear lot line. DISTRICT. A section of the city for which the regulations governing the height, area, use of buildings and premises are the same. DWELLING. Any building or part thereof which is designed or used exclusively for residential purposes by one or more human beings, either permanently or transiently. families. (1) MULTIPLE DWELLING. A building designed or occupied by more than two (2) SINGLE-FAMILY DWELLING. A building designed for or occupied exclusively by one family. (3) TWO-FAMILY DWELLING. A building designed for or occupied by two families. DWELLING UNIT. One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. ELDERLY TENANT. An individual who is at least 62 years of age or handicapped, including the family member of an individual who is an ELDERLY TENANT, and the surviving female member of an individual who was an elderly tenant. ELDERLY TENANT MULTIPLE HOUSING PROJECT. An apartment building designed or occupied entirely 100% of elderly tenants. FAMILY. An individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit. FARMING. See agriculture. FLEA MARKET. An open market selling antiques, used household goods and curios, and the like. FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls, including basements and attached accessory buildings. GARAGE. (1) COMMUNITY GARAGE. A garage with a capacity of two or more power-driven vehicles, for storage only of vehicles owned separately by owners or tenants of the dwelling units 6

served by the garage, which is erected as an accessory use. (2) PRIVATE GARAGE. A garage with a capacity of not more than four power-driven vehicles for storage only and which is erected as an accessory building. (3) PUBLIC GARAGE. Any premises, except those described as a private garage used for the storage or care of power-driven vehicles which are equipped for operation, repair or are kept for remuneration, hire or sale. GROUP DAY CARE. Any facility that, for compensation or otherwise, regularly provides care for six or more persons for all or part of the day. HOME OCCUPATION. Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of secondary use. This occupation shall be carried on or conducted only by members of a family residing in the dwelling and in connection with which there is kept no stock in trade or commodity for sale except such as may be produced by members of the immediate family residing on the premises. HOTEL. Any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than five sleeping rooms, with no cooking facilities in an individual room or apartment. JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles. LOADING SPACE. The portion of a lot or plot designed to serve the purpose of loading or unloading all types of vehicles. LODGING HOUSE. A building or premises where lodging is provided for compensation for five or more persons, but not exceeding 25 persons. LOT. One unit of a recorded plat or subdivision occupied or to be occupied by a building and its accessory buildings and including as a minimum, open spaces as are required under this chapter and having frontages on a public street. streets. (1) CORNER LOT. A lot situated at the junction of and fronting on two or more (2) DOUBLE FRONTAGE LOT. An interior lot having frontage on two streets. (3) INTERIOR LOT. A lot other than a corner lot. 7

LOT AREA. The land area within the lot lines. LOT AREA PER FAMILY. The lot area required by this chapter to be provided for each family in a dwelling. LOT LINES. The lines bounding a lot, as defined herein. When a LOT LINE abuts a street, avenue, park or other public property, except an alley, the line shall be known as a street line, and when a LOT LINE abuts an alley, it shall be known as an alley line. LOT OF RECORD. Any lot or plot existing at the effective date of this chapter which lot or plot may not be further subdivided unless it complies with all provisions of this chapter. In the case of lots of record which contain smaller dimensions or areas than set forth in this chapter they shall be used only as provided in this chapter. LOT WIDTH. The width of a lot is its own mean width measured at right angles. MOTEL. A building or group of buildings used primarily for the temporary residence of motorists or travelers. MUNICIPAL WATER AND SEWER SYSTEMS. Utility systems serving a group of buildings, lots or an area of the city, with the design and construction of the utility systems as approved by the City Engineering Department. NONCONFORMING USES. A use lawfully in existence on the effective date of this chapter and not conforming to the regulations for the district in which it is situated, except that a use is conforming if it would be authorized under a conditional use permit where located. ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ORDINARY HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. PERSON. Includes all firms, partnerships, associations, corporations and natural persons. PLOT. A tract other than one unit of a recorded plat or subdivision and occupied and used or intended to be occupied and used as a home site and improved or intended to be improved by the erection thereon of a dwelling and accessory buildings and having a frontage upon a public street or upon a thoroughfare or upon a highway or upon a traveled or used road and including as a minimum, open spaces as required under this chapter. PREMISES. A lot or plot with the required front, side and rear yards for a dwelling or other uses as allowed under this chapter. 8

PUBLIC UTILITY or PUBLIC SERVICE USE. Includes, but is not limited to, the following: water supply buildings, reservoirs, wells, elevated tanks, sewage lift stations, natural gas peak shaving plants and other distribution facilities, electric substations, telephone structures and facilities, railroad rights-of-way (but not industrial), and railroad depots and related facilities. PUBLIC WATER. Any waters of the state which serve a beneficial public purpose, as defined in M.S. Ch. 105, as it may be amended from time to time. However, no lake, pond or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles shall be regulated for the purposes of these regulations. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the Commissioner of Natural Resources shall be, exempt from the provisions of these regulations. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds or flowages shall be the areas listed in the Division of Waters Bulletin 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, official determination of size and physical limits shall be made by the Commissioner of Natural Resources in cooperation with the city. SETBACK LINE. The horizontal distance between the front street right-of-way line and the front line of the building or the allowable building line as defined by the front yard regulations of this chapter. SHOPPING CENTER. (1) NEIGHBORHOOD SHOPPING CENTER. A retail center designed for the purpose of retailing convenience goods, such as food and drugs and providing personal services, such as barber shops and laundry stations for the accommodation of the basic day-to-day shopping or service needs of persons living or working within the nearby area. (2) SUB-REGIONAL SHOPPING CENTER. A retail center designed for the purpose of retailing and providing a wide range of goods and services of both the convenience and shoppers or durable nature such as apparel, furniture, banking and financial services, automobiles, implements, restaurants, gasoline stations for a trade area comprised of an area larger than the community, but smaller than the region. SHORELAND. Land located within the following distances from public waters: and (1) One-thousand feet from the ordinary high water mark of a lake, pond or flowage; (2) Three-hundred feet from a river or stream, or the landward extent of a flood plain designated by the code on a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits where limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the city. 9

SIGN. A name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention. (1) FLASHING SIGN. Any illuminated sign on which the illumination is not kept stationary or constant in intensity and color at all times when the sign is in use. (2) ILLUMINATED SIGN. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign. (3) NAME PLATE SIGN. Any sign which states the name or address or both of the business or occupant of the lot where the sign is placed. (4) PYLON SIGN. A free standing sign erected upon one or more pylons or posts which is in excess of ten feet in height with a sign mounted on top thereof. means. (5) ROTATING SIGN. A sign which revolves or rotates on its axis by mechanical SURFACE OF A SIGN. The entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of the sign and not forming an integral part of the display. Only one side of a double-face or V-type sign structure shall be used in computing total surface area. The interior angle formed by the faces of a V-type sign shall not exceed 45 degrees. STORY. The portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it. For the purpose of the height requirements of this chapter, basements shall not be considered a story. STREET. The entire area dedicated to public use, or contained in an easement or other conveyance or grant to the city, and shall include, but not be limited to, roadways, boulevards, alleys and other public property between the lateral property lines in which a roadway lies. STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. TOWNHOUSE. A single structure consisting of three or more dwelling units having the first story on the ground level with no other single family dwelling units or portions thereof directly above or below with no openings between dwelling units. 10

USE. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained. USE, ACCESSORY. A use incidental or accessory to the principal use of a lot or a building located on the same lot as the accessory use. VARIANCE. A modification or variation of the provisions of this chapter, as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance. Variances to zoning provisions shall be granted only in accordance with 7.51. YARD. An open space on the same zoning lot with a building or structure, which YARD is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter. (1) FRONT YARD. A yard extending across the front of the lot between the side lot lines and lying between the front street line of the lot and the nearest line of the building. (2) REAR YARD. An open space unoccupied, except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot. (3) SIDE YARD. An open, unoccupied space on the same lot with a building between the building and the side line of the lot and extending from the front yard to the rear yard. ( 92 Code, 7.02) (Ord. 324, eff. 11-20-65; Am. ord. 156, Second Series, eff. 1-1-79; Am. Ord. 6, Third Series, eff. 7-1-79; Am. Ord. 181, Third Series, eff. 1-15-89) DISTRICT CLASSIFICATION AND MAP 7.03 ZONING MAP AND DISTRICTS. (A) Districts. For the purpose of this chapter, the city is hereby divided into classes of districts which shall be designated as follows: (1) Residence districts. (a) R-A, agricultural-residence district; (b) R-1, one-family residence district; 11

(c) R-2, one- and two-family residence district; (d) R-3, multiple-family residence district (townhouse); (e) R-4, multiple-family residence district; and (f) R-5, multiple-residence district. (2) Business districts. (a) B-1, limited business district; (b) B-2, service business district; (c) B-3, general business district; (d) B-4, service-recreational business district; and, (e) B-5 and B-6, shopping center business district. (3) Industrial districts. (a) I-1, planned industrial district; (b) I-2, general industrial district; (c) I-3, planned industrial district; and, (d) I-4, temporary industrial zone/extraction site district. (4) Shoreland management overlay district. (a) Natural environment lakes and streams. 1. One Mile Lake; and 2. Wright Lake. (b) Recreational development lakes and streams. Hoot Lake. (c) General development lakes and streams. 1. Lake Alice; 12

(B) Zoning map. 2. Opperman Lake; and 3. Otter Tail River. (1) The location and boundaries of the districts established by this chapter are hereby set forth on the zoning map. The map is hereby made a part of this chapter. The map shall be known as the City of Fergus Falls Zoning Map. The map and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of it as if all were fully described herein. (2) Amendments thereto shall be recorded on the zoning map within 30 days after the official publication of amendments. The official zoning map shall be kept on file in the City Hall. It is unlawful to fail to observe the zoning map and the uses and purposes herein set forth as to each district. Amendments to the zoning map are recorded in Table of Special Ordinances VII. (C) District boundaries. The boundaries between districts are, unless otherwise indicated, either the center line of streets, alleys or railroad rights-of-way, or lines extended or lines parallel or perpendicular thereto. Where figures are shown on the zoning map between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated, unless otherwise indicated. (D) Future annexation. Any land annexed to the city in the future shall be placed in the R-A, agricultural district, until placed in another district by action of the Council after recommendation of the City Planning Commission. (Ord. 324, eff. 11-20-65; Am. Ord. 156, Second Series, eff. 1-1-79; Am. Ord. 93, Third Series, eff. 9-30-83; Am. Ord. 93, Third Series, eff. 9-30-83) ( 92 Code, 7.03) SPECIAL DISTRICTS 7.10 R-A, AGRICULTURAL-RESIDENCE DISTRICT. (A) Purpose. The R-A, agricultural-residence district, is intended to provide a district which: (1) Will allow extensive areas of the community to be retained in a rural use in advance of the need for these lands for urban purposes; and (2) Will prevent scattered, haphazard urban growth and provide an orderly transition; 13

(3) Will secure economy in governmental expenditures for municipal services, utilities and schools. (B) Permitted uses. (1) Single-family detached dwellings; (2) Agricultural land uses; (3) Nurseries, landscape gardening and tree farms and greenhouses all for the growing of plants but not to include retail sales; (4) Parks and recreational areas owned or operated by governmental agencies; (5) Public schools, elementary, secondary and colleges and universities or private schools having a curriculum equivalent to a public elementary or secondary school or college or university; (6) Golf courses, except that club houses, miniature courses and driving tees operated for commercial purposes are not permitted; and (7) Churches, provided that no building shall be located within 75 feet of any lot line of an abutting lot in any of the classes of residence districts. (C) Uses by conditional use permit. Within an R-A, agricultural-residence district, no building or land shall be used for one or more of the following uses, except by conditional use permit. (1) Municipal administration buildings, police and fire stations, hospitals, community center buildings, public libraries, museums, art galleries, post office and other municipal service buildings, except those customarily considered industrial in use and provided that no buildings shall be located within 75 feet of any lot line of an abutting lot in any of the classes of residence districts; (2) Retail sales commonly incident to the uses listed in division (B)(3) above; (3) Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures; (4) Golf club house, country club, public swimming pool, private swimming pool serving more than one family, provided that no principal structure shall be located within 75 feet of any lot line of an abutting lot in any of the classes of residence districts; 14

(5) Offices of professional persons and home occupations, when the use does not exceed a third of the main floor space of a dwelling and is conducted entirely within the dwelling and incidental to the benefit of the premises as a bona fide home, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises; (6) Cemetery or memorial garden; (7) Extraction of materials, provided that the land is left in a usable condition when the use ceases to operate, and provided the application for a conditional use permit is accompanied by a map or plan clearly showing the proposed depth, side slopes and grades which will be permanently established upon the land as a result of the extraction; (8) Stables and riding academies; and (9) Keeping five or more boarders and/or roomers by a resident family. (D) Permitted accessory uses. Within an R-A, agricultural-residence district, the following uses shall be permitted accessory uses: (1) Private garage; (2) Barns, stables, silos and other buildings used for agricultural purposes; (3) Private swimming pool, when completely enclosed within a suitable fence at least five feet in height; (4) Keeping of not more than four boarders and/or roomers by a resident family; (5) Living quarters of persons employed on the premises; (6) Signs as regulated by 7.40; (7) Off-street parking as regulated by 7.41; and (8) Accessory uses customarily incident to the uses permitted in divisions (B) and (C). (E) Height, yard, area and lot width and depth regulations. (1) Height regulations. (a) No single-family detached dwelling hereafter erected or altered shall exceed three stories or 30 feet in height; and 15

(b) For agricultural accessory buildings, no height regulations shall be required. (2) Width and depth regulations. A single- family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet. (3) Front yard regulations. (a) There shall be a front yard having a depth of not less than 30 feet, unless 30% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard, in which instance no new building or portion thereof shall project beyond a straight line drawn between the front building line of the residence upon either side of the proposed structure or, if there be residences upon only one side, then beyond a line determined by the average setback of residences in that block. (b) There shall be a front yard having a depth of not less than 40 feet on a lot or plot that abuts a thoroughfare, as shown an the adopted city thoroughfare plan. (c) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of each corner lot. No accessory buildings shall project into the front yard bordering either street. (4) Side yard regulations. There shall be a side yard, on each side of a building, having a width of not less than ten feet. (5) Rear yard regulations. There shall be a rear yard having a depth of not less than 20% of the depth of the lot. (6) Lot area, width and depth regulations. Every lot or plot of land on which a singlefamily dwelling is erected shall contain an area of not less than 2½ acres and shall have a minimum width of not less than 130 feet at the building setback line and a minimum depth of not less than 125 feet. (F) General regulations. Additional regulations in the R-A, agricultural-residence district, are set forth in 7.35 and 7.40 through 7.42. ( 92 Code, 7.10) (Ord. 324, eff. 11-20-65; Am. Ord. 47, Second Series, eff. 7-1-74; Am. Ord. 6, Third Series, eff. 7-1-79; Am. Ord. 71, Third Series, eff. 8-15-82) 7.11 R-1, ONE-FAMILY RESIDENCE DISTRICT. (A) Purpose. The R-1, one-family residence district, is intended to provide a district which will allow residential development in those areas where the development fits the land use plan and policies and where municipal utilities are available. 16

(B) Permitted uses. Within an R-1, residence district, no building or land shall be used, except for one or more of the following uses: (1) Single-family detached dwellings; (2) Parks and recreational areas owned or operated by governmental agencies; (3) Public schools, elementary, secondary, and colleges and universities, or private schools having a curriculum equivalent to a public elementary, secondary school, college or university; (4) Golf courses, except club houses, miniature courses and driving tees operated for commercial purposes; and (5) Churches, provided that no building shall be located within 50 feet of any lot line of an abutting lot in any of the classes of residence districts. (C) Uses by conditional use permit. Within an R-1, residence district, no building or land shall be used for one or more of the following uses except by conditional use permit: (1) Municipal administration buildings, police and fire stations, hospitals and medical clinics. medical related sales and services when located within a medical clinic building or hospital, and provided they shall not occupy more than 20% of the gross floor area of the building, or only where directly adjacent to hospitals, community center buildings, public libraries, museums, art galleries, post office and other municipal service buildings, except those customarily considered industrial in use. Provided, that none of the above mentioned buildings shall be located within 50 feet of any abutting lot that contains a dwelling or is vacant in any of the classes of residence districts; (2) Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures; (3) Golf club house, country club, public swimming pool, private swimming pool serving more than one family, provided that no principal structure shall be located within 50 feet of any lot line of an abutting lot in any of the classes of residence districts; (4) Offices of professional persons and home occupations, when the use does not exceed a third of the habitable floor area space of a dwelling and is conducted entirely within the dwelling and incidental to the benefit of the premises as a bona fide home, provided that no article is sold or offered for sale, except such as may be produced by members of the immediate family residing on the premises; (5) Cemetery or memorial garden; 17

(6) Keeping three or more boarders and/or roomers by a resident family; (7) If, prior to September 1, 1977, the use has been a public or private school, a church or other church purpose (excluding a parish house), a city, state or federal government purpose, a hospital, a nursing home, a medical clinic or a small retail or grocery store, it may be remodeled and allowed as a conditional use if it meets the restrictions of this division. The conditional uses may be professional offices and offices of a general nature including, but not limited to, doctors, dentists, lawyers, architects, engineers, accountants, insurance, real estate, government and nonprofit organizations. Uses which cannot be allowed are retail sales, wholesale sales or warehousing. The building to be so remodeled and used must retain at least 60% of the exterior structure of the original building; and (8) The conversion of an existing single-family dwelling to a two-family dwelling on a lot of record existing at the effective date of this division, provided the lot is not less than 9,000 square feet in area, 75 feet in width and 120 feet in depth. The conversion of a one-family dwelling to a two-family dwelling may be allowed on a lot 50 feet or greater in width and less than 75 feet, provided the lot is at least 9,000 square feet in area. (D) Permitted accessory uses. Within an R-1, residence district, the following uses shall be permitted accessory uses: (1) Private garage; (2) Private swimming pool, when completely enclosed within a suitable fence at least five feet in height; (3) Keeping of not more than two boarders and/or roomers by a resident family; (4) Living quarters of persons employed on the premises; (5) Signs as regulated by 7.40; (6) Off-street parking as regulated by 7.41; and (7) Accessory uses customarily incident to the uses permitted in divisions (B) and (C). (E) Height, yard, area and lot width and depth regulations. (1) Height regulations. No building hereafter erected or altered shall exceed three stories or 30 feet in height. (2) Width and depth regulations. A single- family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet. 18

(3) Front yard regulations. (a) There shall be a front yard having a depth of not less than 30 feet unless 30% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new buildings or portion thereof shall project beyond a straight line drawn between the front building line of the residence upon either side of the proposed structure, or if there be residences upononly one side, then beyond a line determined by the average setback of residences in that block. (b) There shall be a front yard having a depth of not less than 40 feet on a lot or plot that abuts a thoroughfare as shown on the adopted city thoroughfare plan unless 30% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the front building line of the residence upon either side of the proposed structure, or if there be residences upon only one side, then beyond a line determined by the average setback of residences in that block. (c) Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of each corner of each corner lot. No accessory building shall project into the required front yard bordering either street. (d) Whenever there is a lot of record existing at the effective date of this chapter, the front yard of the side street of a corner lot may be reduced to a width of not less than 25% of the lesser frontage of the lot. However, a setback in excess of that specified above in divisions (b) and (c) will not be required. (4) Side yard regulations. The side yard on each side of a building shall not be less than the lesser of ten feet or 10% of the width of the lot. (5) Rear lot regulations. There shall be a rear yard having a depth of not less than 20% of the depth of the lot. (6) Lot area regulations. Every lot on which a single family dwelling is erected shall contain an area of at least 7,200 square feet. (7) Lot width and depth regulations. (a) Every lot on which a single-family dwelling is erected shall have a minimum width of 60 feet at the building setback line and a minimum depth of 120 feet. (b) A lot of record existing on the effective date of this chapter may be used for the erection of a single-family dwelling, provided it has a width of at least 50 feet and a depth of at least 100 feet. 19

(F) General regulations. Additional regulations in the R-1, residence district, are set forth in 7.35 and 7.40 through 7.42. ( 92 Code, 7.11) (Ord. 324, eff. 11-20-65; Am. Ord. 51, Third Series, eff. 2-1-81; Am. Ord. 71, Third Series, eff. 8-15-82; Am. Ord. 117, Third Series, eff. 4-10-85) 7.12 R-2, ONE- AND TWO-FAMILY RESIDENCE DISTRICT. (A) Purpose. The R-2, one- and two-family residence district, is intended to provide a district which will allow for single- and double-family dwelling development in those areas where the development fits the land use development plan and where municipal utilities are available. (B) Permitted uses. Within an R-2, residence district, no building or land shall be used, except for one or more of the following uses: (1) Any use permitted in the division of the R-1, one-family residence district, as regulated therein; and (2) Two-family dwellings. (C) Uses by conditional use permit. Within an R-2, residence district, no building or land shall be used for one or more of the following uses, except by conditional use permit. (1) Any use permitted in 7.11 (C) of the R-1, one-family residence district, as regulated therein. (2) If, prior to September 1, 1977, the use has been a public or private school, a church or other church purpose (excluding a parish house), a city, state or federal government purpose, a hospital, a nursing home, a medical clinic, or a small retail or grocery store, it may be remodeled and allowed as a conditional use if it meets the restrictions of this division. The conditional uses may be professional offices and offices of a general nature including, but not limited to, doctors, dentists, lawyers, architects, engineers, accountants, insurance, real estate, government and nonprofit organizations. Uses which cannot be allowed are retail sales, wholesale sales or warehousing. The building to be so remodeled and used must retain at least 60% of the exterior structure of the original building. (3) The erection of a two-family dwelling or the conversion of a single-family dwelling to a two-family dwelling on a lot of record existing at the effective date of this division, provided the lot is not less than 6,000 square feet in area and 50 feet in width and 120 feet in depth. (4) The conversion of an existing one- or two-family dwelling to a three-family dwelling on a lot of record existing at the effective date of this division, provided the lot has at least 3,000 square feet in area for each dwelling unit, and the buildings plus required parking do 20

not occupy more than 35% of the lot area. (D) Permitted accessory uses. Within an R-2, residence district, the following uses shall be permitted accessory uses: (1) Any use permitted in division (D) of the R-1, one-family residence district, as regulated therein; and above. (2) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) (E) Height, yard, area, lot width and depth regulations. (1) Height regulations. No building hereafter erected or altered shall exceed three stories or 30 feet in height. (2) Width and depth regulations. A single- family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet. (3) Front yard regulations. (a) There shall be a front yard having a depth of not less than 30 feet unless 30% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the front building line of the residence upon either side of the proposed structure, or if there be residences upon only one side, then beyond a line determined by the average setback of residences in that block. (b) There shall be a front yard of not less than 35 feet on a lot or plot that abuts a thoroughfare as shown on the adopted city thoroughfare plan. (c) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of each corner lot. No accessory buildings shall project into the front yard bordering either street. (d) Whenever there is a lot of record existing at the effective date of this chapter, the front yard on the side street of a corner lot may be reduced to a width of not less than 25% of the lesser frontage of the lot. A setback in excess of that specified in division (b) and (c) above will not be required. (4) Side yard regulations. There shall be a side yard, on each side of a building, having a width of not less than five feet. (5) Rear yard regulations. There shall be a rear yard having a depth of not less than 21

20% of the depth of the lot. (6) Lot area requirements. (a) A lot on which there is erected a single-family dwelling shall have an area of not less than 6,000 square feet. (b) A lot on which there is erected a two-family dwelling shall have an area of not less than 9,000 square feet. (7) Lot width and depth regulations. (a) A lot on which there is erected a single-family dwelling shall have a minimum width of not less than 50 feet at the building setback line, and a minimum depth of not less than 120 feet. (b) A lot on which there is erected a two-family dwelling shall have a minimum width of not less than 75 feet at the building setback line, and a minimum depth of not less than 120 feet. (F) General regulations. Additional regulations in the R-2 district, are set forth in 7.35 and 7.40 through 7.42. ( 92 Code, 7.11) (Ord. 324, eff. 11-20-65; Am. Ord. 51, Third Series, eff. 2-1-81; Am. Ord. 71, Third Series, eff. 8-15-82; Am. Ord. 117, Third Series, eff. 4-10-85; Ord. 79, Sixth Series, eff. 1-7- 08) 7.13 R-3, MULTIPLE-FAMILY RESIDENCE DISTRICT. (A) Purpose. The R-3, multiple-family residence district, is intended to provide a transitional district between one- and two-family residence districts and the regular multiple housing district where the development conforms to the city s comprehensive plan, where they properly relate to other land uses and thoroughfares, and where municipal utilities are available. (B) Permitted uses. Within an R-3, multiple- family residence district, no building or land shall be used, except for one or more of the following uses: (1) Any use permitted in division (B) of the R-2, one- and two-family residence district, as regulated therein; and (2) Multiple dwellings (apartments, rowhouses, townhouses, and the like). (C) Uses by conditional use permit. Within an R-3, multiple-family residence district, no building or land shall be used for one or more of the following uses, except by conditional use 22

permit: (1) Any use permitted in division (C) of the R-2, one- and two-family residence district, as regulated therein; (2) Planned unit development as provided in division (H) of 7.14; and (3) Elderly tenant multiple housing project. (D) Permitted accessory uses. Within an R-3, multiple-family residence district, the following uses shall be permitted accessory uses: (1) Any use permitted in division (D) of the R-2, one- and two-family residence district, as regulated therein; (2) Private or community garages; (3) Private recreational facilities, including swimming pools, tennis courts, intended solely for the use and enjoyment of the residents of the principal use and their guests; and above. (4) Accessory uses customarily incident to, the uses permitted in division (B) and (C) (E) Height, yard area, lot width and depth, lot coverage and minimum floor area regulations. (1) Height regulations. Townhouses shall not exceed three stories or 35 feet in height. (2) Lot width and depth regulations. A single-family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet. (3) Front yard regulations. streets. (a) There shall be a front yard having a depth of not less than 30 feet on all public (b) There shall be a front yard of not less than 40 feet on a lot or plot that abuts a thoroughfare as shown on the adopted city thoroughfare plan. (c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project beyond the front yard line on either street. feet. (d) On private streets there shall be a front yard setback from the curb line of 20 23

(4) Side yard regulations. (a) There shall be a minimum required interior side yard between buildings on the same lot having a width of not less than the average height of the building on that side. (b) There shall be a side yard on each side of a building (between the building and the property line) having a width of not less than 20 feet. (5) Rear yard regulations. (a) There shall be a minimum interior rear yard between buildings on the same lot having a width of not less than the sum of the heights of the two buildings. (b) There shall be a rear yard having a depth of not less than 30 feet (between the building and the property line). (6) Lot area regulations. (a) The required total lot area, in square feet, shall not be less than the sum of the minimum lot area per dwelling unit which shall be further adjusted by the allowances permitted or imposed hereunder, and in no event, except as herein provided, shall the required lot area be less than the minimum total lot area: square feet. 1. The minimum total lot area per dwelling unit shall not be less than 3,000 2. The minimum total lot area shall not be less than 10,000 square feet. (b) Where single-family dwellings on the project site are being razed or removed to permit construction of the multiple-family residences, the project may include one additional dwelling unit for each single-family dwelling. (c) Where a lot has less area than herein required, and was of record at the effective date of this chapter, that lot may be used only for single- or two-family dwelling purposes provided it has a width of at least 50 feet and a depth of at least 100 feet. (7) Lot width and depth regulations. A lot on which there is erected a multiple dwelling shall have a minimum width of not less than 80 feet at the building setback line, and a minimum depth of not less than 120 feet. (8) Lot coverage regulations and floor area ratio. Buildings plus required parking shall not occupy more than 35% of the total lot area. 24

(F) Design and construction requirements. (1) No building shall contain more than 12 dwelling units, provided, however, that no building face shall be longer than 220 feet. (2) Other design and construction requirements are set forth in division (F) of 7.14. (G) General regulations. (1) Planned unit developments are permitted as regulated in division (H) of 7.14. (2) Additional regulations in the R-3, residence district, are set forth in 7.35 and 7.40 through 7.42. ( 92 Code, 7.13) (Ord. 324, eff. 11-20-65; Am. Ord. 51, Third Series, eff. 2-1-82; Am. Ord. 71, Third Series, eff. 8-15-82; Am. Ord. 181, Third Series, eff. 1-15-89) 7.14 R-4, MULTIPLE-FAMILY RESIDENCE DISTRICT. (A) Purpose. The R-4, multiple-family residence district, is intended to provide a district which will allow multiple dwellings (apartments, row houses, townhouses, and the like) in those areas where the development fits the land use plan, where properly related to other land uses and thoroughfares and where municipal utilities are available. (B) Permitted uses. Within an R-4, residence district, no building or land shall be used, except for one or more of the following uses: (1) Any use permitted in division (B) of the R-3, residence district, as regulated-therein; (2) Multiple dwellings and apartment buildings; (3) Institutions of a religious, educational, eleemosynary or philanthropic nature; and (4) Private club and lodges, except those the chief activity of which is a service customarily carried on as a business. (C) Uses by conditional use permit. Within an R-4, multiple-family residence district, no building or land shall be used for one or more of the following uses, except by conditional use permit: (1) Any use permitted in division (C) of the R-3, residence district, as regulated therein; (2) Manufactured home parks subject to the requirements for planned unit developments as provided in division (H) of this section; 25

(3) Planned unit developments as provided in division (H) of this section; and (4) Elderly tenant multiple housing project. (D) Permitted accessory uses. Within an R-4, multiple-family residence district, the following uses shall be permitted accessory uses: and (1) Any use permitted in division (D) of the R-3, residence district, as regulated therein; (2) Accessory uses customarily incident to the uses permitted in division (B) and (C) of this section. (E) Height, yard, area, lot width and depth and lot coverage regulations. (1) Height regulations. Multiple dwellings shall not exceed four stories or 45 feet in height, except as provided in 7.42, provided further that any building exceeding three stories in height shall set back from all yard lines required in this section an additional distance of one foot for every one foot that the building exceeds the height of 30 feet. (2) Width and depth regulations. A single- family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet, except when located within a mobile home park. (3) Front yard regulations. (a) There shall be a front yard having a depth of not less than 30 feet. (b) There shall be a front yard of not less than 35 feet on a lot or plot that abuts a thoroughfare as shown on the adopted city thoroughfare plan. (c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project into the front yard bordering either street. (4) Side yard regulations. (a) There shall be a side yard on each side of a building, having a width of not less than 15 feet for buildings not exceeding three stories in height. (b) For buildings exceeding three stories in height, there shall be a side yard on each side of a building having a width of 15 feet, plus one foot of side yard for each one foot of building height over 30 feet. 26