Andrews City Zoning Code
ARTICLE III
DISTRICT REGULATIONS
§ 66-241 Districts established.
The city shall be divided into 11 zoning districts. The regulations and restrictions dealing with height, size, location, size of yards, open spaces, density of living unit, and use of land shall be uniform within each district. These districts shall be known as the following:
Single-family dwelling district |
Residential district |
Parking district |
Local retail district |
Central business district |
General commercial district |
Light industrial district |
Heavy industrial district |
Public land district |
Specific use district |
Planned district |
(Ordinance 1619, sec. II, adopted 11/8/18)
§ 66-242 Zoning district map.
The boundaries of the zoning districts are delineated on the zoning district map of the city, and that map shall be a part of this chapter. There shall be three official copies of the zoning district map. These copies shall be filed as follows:
(1)
One copy, to remain unaltered, will be filed with the city secretary.
(2)
One copy, to be kept up to date, will be filed with the building official.
(3)
One copy, to be kept up to date, will be filed with the planning and zoning commission.
(Ordinance 1619, sec. II, adopted 11/8/18)
§ 66-311 Use regulations.
In the residential district, the land and buildings shall be used only for the following purposes:
(1)
Any use permitted in the single-family dwelling district.
(2)
Manufactured homes with the following guidelines:
(A)
The parking and occupancy of a manufactured home in the residential district shall be permitted only on a lot that is vacant.
(B)
A maximum of one manufactured home shall be allowed on each platted lot.
(C)
The minimum width of a lot on which a manufactured home may be located is 50 feet.
(D)
The manufactured home must be so located on the lot in a manner that will conform to the front, rear and side yard requirements of the residential district.
(E)
There shall be a minimum of one off-street parking space for each platted lot; provided, however, that this space shall not be in the required front yard.
(3)
Two-family dwellings (duplex).
(Ordinance 1666 adopted 11/12/20)
§ 66-312 Area, accessory buildings, parking, fences, height and satellite dish regulations.
Area, accessory buildings, parking, fence, height and satellite dish regulations for the residential district shall be the same regulations as apply within the single-family dwelling district.
(1966 Code, sec. 12-34)
§ 66-351 Use regulations.
The land in the parking district shall be used only for off-street parking for motor vehicles incidental to any conforming use of adjacent or adjoining land such as residential, commercial, retail, industrial, or institutional.
(1966 Code, sec. 12-34)
§ 66-352 Area regulations.
The following area regulation and requirements shall be observed in the parking district:
(1)
There shall be no requirement as to minimum lot area.
(2)
There shall be no requirement as to minimum lot depth.
(3)
There shall be no requirement as to minimum lot width.
(4)
On blocks which are entirely used for offstreet parking or which are vacant, no front yard shall be required. For other land uses, the parking district shall observe the same front yard requirements as the most restrictive use.
(5)
There shall be side yards on each lot which correspond to the adjoining lot’s side yard requirements. No side yards will be required on blocks consisting entirely of offstreet parking or vacant land.
(6)
There shall be no rear yard required.
(1966 Code, sec. 12-34)
§ 66-353 Development and site plan regulations.
Development and site plan regulations in the parking district shall be as follows:
(1)
No entrances or exits shall be made from or onto a street on which residences front.
(2)
A screen wall shall enclose offstreet parking areas from adjacent residential uses. The screen may be a masonry wall, ornamental fence, or plant screen. It must be a solid visual screen six feet tall and constructed along the side and front yards, where required.
(3)
Parking lots shall be adequately lighted, and the illuminating devices shall reflect away from surrounding residential land uses.
(1966 Code, sec. 12-34)
§ 66-391 Use regulations.
In the local retail district, the land and buildings shall be used only for the following purposes:
(1)
Any use permitted in the single-family district or any use permitted in the central business district.
(2)
Offices of a professional or administrative nature which provide services only, such as doctors, architects, engineers, real estate, banks, and similar offices.
(3)
Studios of artists, photographers, musicians, and radio or television stations.
(4)
Bakery (retail only).
(5)
Cafeteria or restaurant (no drive-ins).
(6)
Cleaning pickup station and pressing shop.
(7)
Bowling alley, billiard hall, indoor theater, game room.
(8)
Personal services such as barbershop or beauty shop, tailor, shoe repair, travel agent, or health studio.
(9)
Drugstore.
(10)
Gasoline service stations, not including major automobile repair garage.
(11)
Florist or garden shop, greenhouse, and lath house (retail sales only).
(12)
Automatic laundry.
(13)
Custom shops for the making and selling of articles on the premises, such as handcraft or drapery shops.
(14)
Grocery stores.
(15)
Hotels and motels.
(16)
Retail stores offering consumer goods for sale and displaying these goods within the building itself. Those uses specifically mentioned in GC, LI, and HI shall not be included in the local retail or central district.
(17)
Advertising signs for the purpose of advertising goods or services offered within the building. The sign may be attached to the building, freestanding, or similar fixed type, but must not have flashing or intermittent lighting.
(18)
Photo developing.
(19)
Automobile sales and services, not including wrecking and salvage.
(20)
Automobile laundry.
(21)
Bakery and confectionery.
(22)
Building material sales.
(23)
Billboard for advertising.
(24)
Bottling works.
(25)
Cleaning and dyeing processing plant.
(26)
Laundry and cleaning plants.
(27)
Job printing.
(28)
Newspaper printing.
(29)
Scientific and research laboratories.
(30)
Furniture and appliance storage and repair, inside a building only (miniwarehouse no larger than 12 feet by 24 feet.
(31)
Wholesale office and sample room.
(32)
Small appliance repair shops.
(33)
A private club requires specific use permit. See division 4 of article II of this chapter and also Ordinance 963, which is on file in the city secretary’s office.
(1966 Code, sec. 12-34)
§ 66-392 Area regulations.
The following minimum lot area, dimensions, yards, as well as maximum lot coverage, must be observed in the local retail district:
(1)
For residential uses there shall be a minimum lot area of 5,500 square feet. Local retail uses shall have no minimum lot area requirements.
(2)
The average depth of a lot for residential uses shall be 110 feet. There is no minimum depth of local retail uses.
(3)
The minimum width of a lot for residential uses shall be 50 feet. There is no minimum width for local retail uses.
(4)
There shall be a front yard having a minimum depth of 25 feet.
(5)
For residential uses there shall be two side yards. On a corner lot, the side yard setback on the street side shall be at least ten feet from the property line. All interior side yard setbacks shall be at least five feet from the property line. Side yard setbacks shall not be computed on the percent of lot width. When a local retail use is adjacent to a residential use, the side yard shall be not less than ten feet. For local retail uses no side yard is required.
(6)
For residential uses there shall be a rear yard having a minimum depth of five feet. For local retail uses no rear yard is required unless adjoining a residential use. In such a case a rear yard equal to 20 percent of the lot depth will be provided. If the local retail use abuts on the rear with an alley, no rear yard will be required. A solid masonry fence at least six feet tall is to be constructed on the rear and side lot lines when they are shared with a residential use. On the side lot line the fence shall be six feet tall only from the rear lot line to the building setback line, then slope down to two feet in height at the front property line.
(7)
There shall be a maximum lot coverage of 40 percent.
(1966 Code, sec. 12-34)
§ 66-393 Height regulations.
In the local retail district, no building shall exceed 2½ stories or 35 feet in height. Special shopping center signs may be as tall as 50 feet, provided that the distance to all property lines is equal to or greater than the height of the sign.
(1966 Code, sec. 12-34)
§ 66-394 Parking regulations.
In the local retail district, parking shall be provided as follows:
(1)
One space shall be required for each dwelling unit for residential uses.
(2)
Retail and service sales uses shall have one space per 200 feet of floor space.
(3)
Offices, professional, and administrative uses shall have one space per 400 feet of floor space.
(4)
Restaurants, cafeterias, and theaters shall have one space per six seats.
(1966 Code, sec. 12-34)
§ 66-431 Use regulations.
The land and buildings in the central business district shall be used only for any use permitted in the local retail district. Note: Local retail permitted uses now include those uses in section 66-391(19)–(29) that were previously contained in the central business district pursuant to Ordinance 1063. The difference between local retail and central business districts involves building setbacks and parking requirements.
(1966 Code, sec. 12-34)
§ 66-432 Area regulations.
The following minimum lot area, dimensions, yards, as well as maximum lot coverage, must be observed in the central business district:
(1)
For residential uses there shall be a minimum lot area of 5,500 square feet. Commercial uses shall have no minimum lot area requirements.
(2)
The average depth of a lot for residential uses shall be 110 feet. There is no minimum depth for commercial uses.
(3)
The minimum width of a lot for residential uses shall be 50 feet. There shall be no minimum lot width for commercial purposes.
(4)
There shall be a front yard having a minimum depth of 25 feet for lots being used for residential purposes. There shall be no front yard required for commercial purposes.
(5)
For residential uses there shall be two side yards. On a corner lot, the side yard setback on the street side shall be at least ten feet from the property line. All interior side yard setbacks shall be at least five feet from the property line. Side yard setbacks shall not be computed on a percent of the lot width. There shall be no side yards required for central business uses except when such uses are adjoining a residential lot. If the central business use is adjoining a residential use, there shall be a side yard of a minimum of ten feet.
(6)
For residential uses there shall be a rear yard having a minimum depth of five feet. No rear yard shall be required for central business uses unless those uses adjoin a residential area. In such a case a minimum rear yard of ten feet shall be required.
(7)
For one-and two-family dwellings, there shall be a maximum lot coverage of 40 percent. For uses other than residential, there shall be no more than ten square feet of floor space for each one square foot of lot area.
(1966 Code, sec. 12-34)
§ 66-433 Height regulations.
No maximum height regulations are set for the central business district, provided that no building shall have more than ten square feet of floor space for each one square foot of lot area.
(1966 Code, sec. 12-34)
§ 66-434 Parking regulations.
There shall be no offstreet parking requirements for the central business district.
(1966 Code, sec. 12-34)
§ 66-471 Use regulations.
In the general commercial district, the land and buildings shall be used only for the following purposes:
(1)
Any use permitted in the central business district.
(2)
Automobile painting, repair and rebuilding.
(3)
Carpet cleaning plant with dust and odor control.
(4)
Commercial amusements such as miniature golf, driving ranges, skating rinks, and dancehalls.
(5)
Contractors’ or carpenters’ shops and storage areas.
(6)
Engine and motor repair.
(7)
Machinery sales, service, and storage.
(8)
Dairy products plants and depot.
(9)
Ice manufacturer.
(10)
Transfer and storage warehouse and terminal.
(11)
Seed and feed store.
(12)
Paint shop.
(13)
Oil well pipe and supply sales and storage.
(14)
Railroad terminal.
(15)
Storage warehouse.
(16)
Tire recapping service.
(17)
Veterinarian clinic.
(18)
Welding shop.
(19)
One mobile home per platted lot.
(20)
Concrete mixing plant.
(21)
Mobile home sales lot. For safety reasons a space of at least five feet must be maintained between any homes displayed on the lot. Mobile homes cannot be occupied on a mobile home sales lot, except one mobile home can be used as a sales office.
(1966 Code, sec. 12-34)
§ 66-472 Area regulations.
The following minimum lot area, dimensions, and yards, as well as maximum lot coverage, must be observed in the general commercial district:
(1)
For residential uses there shall be a minimum lot area of 5,500 square feet. For commercial uses there shall be no minimum lot area requirements.
(2)
The average depth of a lot shall be 110 feet for residential uses. There shall be no minimum depth for commercial uses.
(3)
The minimum width of a lot shall be 50 feet for residential uses. There shall be no requirements for commercial uses.
(4)
The front yard shall have a minimum depth of 25 feet.
(5)
For residential uses there shall be two side yards. On a corner lot, the side yard setback on the street side shall be at least ten feet from the property line. All interior side yard setbacks shall be at least five feet from the property line. Side yard setbacks shall not be computed on a percent of the lot width. There shall be no side yard required for commercial uses, except when such uses are adjoining a residential use there shall be side yard of a minimum of ten feet.
(6)
For residential uses there shall be a rear yard having a minimum depth of five feet. No rear yard shall be required for commercial uses unless those uses adjoin a residential area. In such case a ten-foot rear yard is required.
(7)
For other than residential uses there shall be a maximum of two square feet of floor space for each one square foot of lot area.
(1966 Code, sec. 12-34)
§ 66-473 Height regulations.
There is no height limit for the general commercial district, provided that no building shall have more than two square feet of floor space for each one square foot of lot area.
(1966 Code, sec. 12-34)
§ 66-474 Parking regulations.
For commercial uses in the general commercial district, there shall be one offstreet parking space for each two employees of the business or for each 400 square feet of floor area, whichever is greater. One space for each dwelling unit for residential uses is required.
(1966 Code, sec. 12-34)
§ 66-511 Use regulations.
In the light industry district, the land and buildings shall be used only for the following purposes:
(1)
Any use permitted in the general commercial district, except residential; however, dwellings for caretakers or watchmen employed on the premises may be permitted.
(2)
Light manufacturing processes which do not emit odor, noise, vibration, dust, or gases beyond their lot line and are not offensive for any similar reason.
(3)
Woodworking and planing mill.
(4)
Textile manufacturer.
(5)
Ceramic and pottery manufacturer.
(6)
Grain processing storage.
(7)
Paint and similar manufacturer.
(8)
Plastic products manufacturer.
(9)
Amusement redemption machine game rooms, game rooms. Must also comply with the provisions and requirements for "Game Rooms and Amusement Redemption Machines" found Chapter 14, Article II, Division 3 of the Code of Ordinances.
(10)
Sexually oriented businesses.
(1966 Code, sec. 12-34; Ordinance 1735 adopted 5/11/2023)
§ 66-512 Area regulations.
The following minimum lot area, dimensions, and yards, as well as maximum lot coverage, must be observed in the light industry district:
(1)
There shall be no minimum lot area.
(2)
There shall be no minimum lot depth.
(3)
There shall be no minimum lot width.
(4)
There shall be a front yard having a minimum depth of 25 feet.
(5)
There shall be no side yard requirements except when adjoining a residential area. In such case there shall be a minimum side yard of ten feet.
(6)
No rear yard is required unless the property abuts a residential district or an alley that separates the industrial use from the residential district. In such cases there must be either a rear yard of 50 feet in depth or a fenced rear yard that has a minimum depth of 20 percent of the depth. The fence must be a solid masonry fence six feet tall and shall be built along the rear property line and side property lines that are shared with a residential use.
(7)
For other uses, except industrial, it shall be 40 percent, and for industrial there shall be no more than one square foot of floor space for each one square foot of lot area.
(1966 Code, sec. 12-34)
§ 66-513 Height regulations.
There shall be no maximum height in the light industry district, provided that there is no more than one square foot of floor space for each one square foot of lot area.
(1966 Code, sec. 12-34)
§ 66-514 Parking regulations.
In the light industry district, there shall be one offstreet parking space for each 400 square feet of floor space or for each two employees, whichever is greater. One space for each dwelling unit for residential uses is required.
(1966 Code, sec. 12-34)
§ 66-551 Use regulations.
In the heavy industrial district, the land and buildings shall be used only for the following purposes:
(1)
Any manufacturing or industrial process that is permitted in the light industrial district excepted those authorized under § 66-511(9) or § 66-511(10).
(2)
Any manufacturing or industrial process that is permitted by law, except for the following uses which must be approved the city council:
a.
Any use which, because of gas, odor, dust, fumes, noise, smoke, or vibration, could be determined as a hazard or as dangerous.
b.
Acid manufacturer.
c.
Animal slaughtering plant.
d.
Ammonia manufacturer.
e.
Chlorine manufacturer.
f.
Glue and fertilizer manufacturer.
g.
Petroleum refinery.
h.
Petrochemical plant.
i.
Lampblack manufacturer.
j.
Rendering plant.
k.
Tank farm and explosives storage.
l.
Stock feeding pens.
m.
Tannery.
n.
Cotton gin.
o.
Oil well drilling.
(1966 Code, sec. 12-34; Ordinance 1735 adopted 5/11/2023)
§ 66-552 Area regulations.
The following minimum lot area, dimensions, yards, as well as maximum lot coverage, must be observed in the heavy industrial district:
(1)
There shall be no lot area requirements.
(2)
There shall be no lot depth requirements.
(3)
There shall be no lot width requirements.
(4)
There shall be a front yard having a minimum depth of 25 percent of the lot depth or 25 feet, whichever is greater.
(5)
There shall be two side yards having a width of no less than ten feet each.
(6)
No rear yard is required unless the property abuts a residential district or an alley that separates the industrial use from the residential district. In such case there must be either a rear yard 50 feet in depth or a fenced rear yard that has a minimum depth of 20 percent of the lot depth. The fence must be a solid masonry fence six feet tall, and it shall be built along the rear property line and side property lines that are shared with a residential use.
(7)
There shall be no building with more than one-half square foot of floor space for each one square foot of lot area.
(1966 Code, sec. 12-34)
§ 66-553 Height regulations.
There shall be no height limit in the heavy industrial district, provided that the floor space shall not exceed one-half square foot for each one square foot of lot area.
(1966 Code, sec. 12-34)
§ 66-554 Parking regulations.
In the heavy industrial district, there shall be one offstreet parking space for each 400 square feet of floor space or each two employees, whichever is greater.
(1966 Code, sec. 12-34)
§ 66-591 Use regulations.
In the public land district, the land or buildings will be owned or operated only by the federal, state, county, or city government.
(1966 Code, sec. 12-34)
§ 66-592 Area, height and parking regulations.
The area, height, and parking requirements for the public land district shall comply with the requirements of the most restrictive abutting use district.
(1966 Code, sec. 12-34)
§ 66-631 Types of districts authorized.
The city council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of the following types of planned districts:
(1)
Shopping center on a tract of three acres or more.
(2)
Housing development on a tract of ten acres or more.
(3)
Industrial district on a tract of ten acres or more.
(4)
Medical center and hospital.
(5)
Civic center and community center.
(6)
Office center.
(7)
Recreation center.
(8)
Transition district as an extension of an existing district whereby the provision of offstreet parking, screening walls, open space, and platting would create a protective transition between a lesser and a more restricting district.
(1966 Code, sec. 12-34)
§ 66-632 Site plan required.
In establishing a planned district in accordance with this division, the city council shall require a comprehensive site plan of the development, such plan becoming part of the ordinance creating the planned district. Such required plan and ordinance shall set forth the requirements for entrance and exit to the property, public or private streets or drives, sidewalks, utilities, drainage, parking space, height of buildings, maximum lot coverage, yards and open spaces, screening walls or fences, and other development and protective requirements considered necessary to create a reasonable transition to and protection of the adjacent property.
(1966 Code, sec. 12-34)
§ 66-633 Conditions.
Every planned district approved under the provisions of the ordinance shall be considered as an amendment to the ordinance as applicable to the property involved. In approving the planned district the city council may impose conditions relative to the standard of development, and such conditions shall be complied with before a certificate of occupancy is issued for the use of land or any structure which is part of the planned district and such conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy.
(1966 Code, sec. 12-34)
§ 66-271 Use regulations.
The land and buildings in the single-family dwelling district shall be used for the following purposes:
(1)
Single-family dwellings with a maximum of one dwelling per platted lot.
(2)
Church, except of the temporary revival nature.
(3)
Public schools or licensed day care centers.
(4)
Oil and natural gas production subject to the city oil and gas drilling requirements and ordinances and any other safeguard for the health or safety of the neighborhood that the city council might impose.
(5)
Public museums, libraries, parks, playgrounds or cemeteries.
(6)
Farm, ranch, garden or nursery, provided there are no retail sales made.
(7)
Fire station and water storage and pumping facilities.
(8)
Customary home occupations.
(9)
Telephone exchange (no repair or storage).
(11)
Nameplates or bulletins for schools and churches which shall not exceed 12 square feet in area.
(12)
Signs advertising the sale or rental of property, not to exceed 12 square feet, and to be removed at the time of lease or sale of the building or property.
(Ordinance 1619, sec. II, adopted 11/8/18)
§ 66-272 Area regulations.
The following minimum lot area, dimensions, and yards, as well as maximum lot coverage, must be observed in the single-family dwelling district:
(1)
The minimum area of a lot shall be 5,500 square feet.
(2)
The minimum average depth of a lot shall be 110 feet.
(3)
The minimum average width of a lot shall be 50 feet.
(5)
There shall be two side yards, and neither shall be less than five feet. The side yard adjacent to a street of a corner lot shall be a minimum of ten feet where the dwelling faces a developed or intended front street. The side yard adjacent to a street of a corner lot shall be 20 feet where the dwelling faces an unintended front street.
(6)
There shall be a rear yard of five feet required for the main use building. Accessory buildings with openings to the alley must have a five-foot rear yard when any door(s), gate, etc., swings/opens into or towards the alley.
(7)
Satellite signal reception dishes are prohibited upon the front yard or side yard of residential buildings located within the city limits.
(8)
Swimming pools or any similar structure intended for a similar use, that contains water over 24 inches deep shall adhere to the same setback regulations that are required herein of accessory buildings unless deemed unsafe or detrimental to other structures or property or properties by the building official.
(Ordinance 1619, sec. III, adopted 11/8/18)
§ 66-273 Exterior veneer.
(a)
Construction of a dwelling or an addition to a dwelling unit or units shall not inhibit the values of adjacent properties, erode the integrity of a neighborhood or undermine the intent of the atmosphere or environment where such predevelopment or preplanned residential subdivisions or neighborhoods are existing or are planned to exist.
(b)
When constructing a dwelling or an addition to a dwelling unit or units (or accessory buildings being constructed 59 inches or less from the dwelling) the exterior veneer shall be of a material that is commonly found on surrounding permanent residential dwellings located within the predeveloped residential subdivision. Where development of a subdivision has not begun but has been preplanned and intended for typical permanent residential dwellings, the adjacent subdivisions or neighborhoods shall be considered as the surrounding permanent residential dwellings. (Manufactured homes are not considered a permanent dwelling.)
(c)
Materials that are aesthetically the same as the others found on surrounding permanent residential dwellings may be used as long as the veneer is an approved material for such exterior installations and is installed appropriately.
(d)
This rule provision shall not apply to such additions as open porches or open carport type structures, greenhouse additions, nor to dwellings such as industrial, manufactured or mobile homes.
(e)
The building official shall determine whether or not an exterior veneer material is conducive to the exterior veneer material found on the surrounding permanent residential dwellings as set forth in this law. Where the building official determines a material is not conducive to the law, that particular material shall not be used. The determination of the building official may be appealed to the zoning board of adjustment whose decision shall be final.
(Ordinance 1619, sec. III, adopted 11/8/18)
§ 66-274 Location of detached accessory buildings.
(a)
In the single-family dwelling district, an accessory building cannot be located in the front yard.
(b)
The accessory building shall be a minimum of five feet from the side lot line, except on a corner lot for which it must be ten feet from the exterior side lot line and 20 feet from exterior side lot lines that are found on a primarily intended front street.
(c)
Accessory buildings will be allowed on the rear property line. However, if there is an opening to the alley and the alley easement is 19 feet or less, or when any door(s), gate, etc., swings/opens into or towards the alley, or when a safety hazard is determined by the building official, a setback of five feet will be required.
(d)
The accessory building shall be a minimum of five feet from the main building, when not constructed, intended, or used for human occupancy at any time.
(e)
The accessory building shall be a minimum of ten feet from the main building if constructed, used, or intended for human occupancy at any time (mobile home on temporary use permit).
(f)
Corner accessory buildings constructed after the effective date of the ordinance from which this chapter is derived which shall utilize two sides of an existing fence, where it is agreeable in writing to the owners of the fence located upon a common property line and the fence is constructed of noncombustible material, with a minimum of a two hour rating, shall be constructed of the same noncombustible material.
(g)
Recreational vehicle open carport-type sheds cannot be located in the front or within an intended front yard area. Such structures located in the back yard shall have a five feet rear yard setback, five feet side yard setback, and a corner lot shall have an exterior side yard setback of ten feet from lot line. Such sheds shall have a maximum height of 14 feet and shall not have any type of wall or enclosure built into it. Where an enclosure is created by an adjacent fence, gate, or accessory building that is consistent with required setbacks shall be allowed.
(Ordinance 1619, sec. III, adopted 11/8/18)
§ 66-275 Parking regulations.
(a)
There shall be a minimum two off-street parking spaces for each dwelling unit in the single-family dwelling district. This space may be within the required front yard with the following guidelines:
(1)
A minimum of 25 percent of front yard must be reserved for landscaping purposes.
(2)
Improved surfaces include concrete, paving material, pavers, rock, pea gravel or crushed granite that is clearly not part of the landscaping (as separated with a border).
(3)
Parking shall not exceed 75 percent of required front yard.
(4)
Parking allowed only on improved surface in front or side yard setbacks, and shall not encroach on pedestrian rights-of-way (sidewalk).
(b)
Where a side yard adjoins a side street on a corner lot, no garage with access to the side street may be erected nearer to the side property line than 20 feet. Exception: If the side street has been permanently curbed, guttered and paved, a garage may be located, providing it is a minimum of ten feet from the side property line and a minimum of 20 feet from the established curbline.
(c)
Where a side yard adjoins a side street on a corner lot, a carport may be constructed with access to the side street, provided that the front of the carport is in line with the existing sidewall of the residence. Construction of an open carport within the required exterior side yard or in an intended front yard will only be allowed if the property owner files an application for a zoning variance and receives permission from the board of adjustment following a public hearing. The board of adjustment will consider variances for exterior side yard open carports under the following guidelines:
(1)
It must be an open carport, a structure which consists of a roof and the necessary number of supporting poles; which has no walls or enclosures built into it.
(2)
The length, width and height of the carport must be stated in the application.
(3)
The carport must not reach a height greater than the roof peak of the main structure with the maximum height being 12 feet.
(4)
The front edge of the carport must be a minimum of five feet from the side property line and also a minimum of ten feet from the curbline.
(5)
The carport entranceway shall be accessed from the side street.
(6)
In all cases, the board will also consider the effect of the proposed carport in relationship to views of the neighborhood, safety factors, and overall community development.
(d)
A front yard carport or garage shall not be allowed which occupies any portion of the required 25 feet front yard. Construction of an open carport within the required front yard area will only be allowed if the property owner files an application for a zoning variance and receives permission from the board of adjustment following a public hearing. The board of adjustment will consider variances for front yard open carports under the following guidelines:
(1)
It must be an open carport (a structure which consists of a roof and the necessary number of supporting poles; which has no door, gate or fence impeding the entranceway; and for which none of the sides are enclosed in any manner.
(2)
The length, width and height of the carport must be stated in the application.
(3)
The carport shall be attached to the house at eave height.
(4)
The front edge of the carport must be a minimum of five feet from the front property line and also a minimum of ten feet from the front curb.
(5)
The side of the carport roof must be a minimum of five feet from the interior side property line. On a corner lot the street side of a carport roof must be no closer to the street side property line than the eave of the existing house.
(6)
In all cases, the board will also consider the effect of the proposed carport in relationship to views of the neighborhood, safety factors, and overall community development.
(e)
Parking of unoccupied mobile homes is prohibited except in locations zoned for mobile homes, and all mobile homes shall be parked in conformance with setback requirements.
(Ordinance 1619, sec. III, adopted 11/8/18)
§ 66-276 Fences.
(a)
In the single-family dwelling district, fences may be constructed to enclose privately owned property. A person, including the owner, installing such fence, shall first obtain from the building official a permit to install such fence. The nonrefundable fee for such permit shall be as set out in Appendix A. Electric fences are prohibited.
(b)
No fence or gate may be constructed upon or across any dedicated or publicly owned property, right-of-way, alley or roadway.
(c)
Front yard fences on residential property shall not exceed the height of three feet at any point in the front yard building setback line established by this chapter. Except when the construction and material of the fencing allows the ability to see through a majority of the fence, such as chain link or railing fence, then the fence may be four feet in height.
(d)
Back yard fences may not exceed seven feet in height.
(e)
A corner lot that has an exterior side yard that is an intended front yard shall be allowed a maximum fence height as set forth in subsection (c) within 15 feet of said exterior side yard property line.
(f)
Back yard fences that exceed five feet in height shall be required to have a minimum of one rear access gate, door or opening at the alley and a minimum of one access gate, door or opening at or near the main building. Locking of such gates and doors is permissible.
(Ordinance 1536 adopted 1/9/14)
§ 66-277 Height regulations.
No main building shall exceed 2-1/2 stories or 35 feet in height in the single-family dwelling district. The wall height of back yard accessory buildings constructed with main buildings on single-family dwelling district lots less than one acre is and shall be restricted to a maximum height of ten feet, with a maximum overall height to the roof peak of 12 feet. Back yard accessory buildings with main buildings on single-family dwelling district lots one acre or larger shall be restricted to a maximum height of eighteen feet, with a maximum overall height to the roof peak of 20 feet.
(Ordinance 1682 adopted 9/9/21)
§ 66-278 Satellite dishes.
There is hereby prohibited the location of satellite signal reception dishes upon the front yard or side yard of residential buildings located within the city limits.
(Ordinance 1536 adopted 1/9/14)
§ 66-279 Congregate residences prohibited.
(a)
Authority to investigate.
Staff from Inspection, Code or Law Enforcement Departments are hereby authorized to investigate complaints on any and all such buildings suspected of being in violation of this section.
(b)
Prima facie evidence of occupancy.
Prima facie proof of occupancy of a dwelling unit by more than three unrelated persons is established in any prosecution for violation of this section if it is shown that the same four or more vehicles with registrations to persons having different surnames and addresses were parked overnight at the dwelling unit a majority of nights in any 21 day period. This establishment of a prima facie level of proof in this subsection does not preclude a showing of "occupancy" of a dwelling unit by a person in any other manner.
(c)
Notice of violation.
Whenever a violation of this section has been discovered and reported by staff from the Inspection, Code or Law Enforcement Department, the owner of the premise involved, and the occupant, if any, shall be given written notification of the nature of the violation.
(d)
Penalty.
Any person, firm or corporation who shall own or maintain any home in a Single-Family Dwelling District that is being used as a Congregate Residence as defined herein, and who shall, after notice as provided in Subsection 66-279(c) hereof, fail to correct the problem and comply with stipulations governing Single-Family Dwelling District, shall be guilty of a misdemeanor, and upon conviction shall be fined no more than $500 per offense. Each and every day a violation exists shall constitute a separate and distinct offense. In the event that the owner or occupant of any residence found in violation be a corporation, president, vice president, secretary and treasurer of such corporation, or the manager, agent or employees of such corporation shall also be severally liable for the penalties herein provided.
§ 66-300 Agricultural estates district.
There is hereby created an agricultural estates district, a sub-district to the single-family dwelling district. Said agricultural estates district shall apply to lots of one acre or more and so designated. All lots shall be used for single-family residential purposes only, and all other regulations of the single-family zoning district shall apply and be strictly adhered to.
(1)
Outbuildings.
Permissible outbuildings shall consist of a residence such as for a relative, housekeeping quarters or guest home that may be attached or detached from the main single-family dwelling, children’s playhouse, home office, workshop, storage building(s), recreational vehicle(s), storage(s), additional detached garage(s), barn(s), animal shelter(s), spa and/or sauna and/or enclosed swimming pool house or an exterior swimming pool and/or spa, outdoor restroom and shower facility and, water fall(s), water fountain(s), gazebo(s), pump house(s), gameroom house, storm shelter, sports court, tennis court, and structures of a similar nature or other structures for the convenience and pleasure of the occupants of the main dwelling.
No structure, including trailers, tents, shacks, mobile homes, motor homes, manufactured homes or other similar type buildings or outbuildings, shall ever, at any time, be used as a residence, either temporarily or permanently. |
(2)
Animals allowed.
All animals shall be restricted to within the lot perimeter by suitable fencing. Livestock shall not be permitted to wander in the streets of the subdivision or on other properties.
Each lot owner is charged with the responsibility of maintaining control over his animals and livestock and is solely responsible for any animals brought onto the property. |
A limited number of animals may be kept on the lot, including up to three adult dogs and up to three adult cats. One head of livestock and up to two head of sheep or goats, per acre, may be kept on the lot. No bulls, jacks, stallions or grain-fed animals may be kept on the property, except for “show” animals. No poultry, pigs, chickens, peacocks, may be kept on the property. Animals that are permitted must be kept in a clean, sanitary and healthy condition. Any unhealthy animals or animals that may pose a health risk to humans or other animals must be removed immediately from the subdivision. For the safety of the animals and to promote a more attractive appearance, proper building structures and pens shall be required to house the animals being kept outside of the main dwelling home. |
Lot owners shall be responsible for the proper care and nurturing of the animals kept on the owner’s lot. Owners who maintain any horses or cattle on the property shall be required to have a barn or proper animal shelter(s) to house the animal(s) and a sufficient amount of pasture land (and riding land if the animal is to be ridden) for the animal(s). |
(Ordinance 1536 adopted 1/9/14)