The City of Big Spring is hereby divided into sixteen (16) zoning districts. The districts established herein shall be known as:

Note: SD—Prefixed to any district designation as it appears on the Zoning District Map, designates a surface drainage area subject to the provision of Section 6-2.

[The purpose of the "SD" designation is] to provide for the appropriate use of land which has a history of inundation or is otherwise determined to be subject to flood hazard, and to promote the general welfare and to provide protection from flooding portions of certain districts designated with a Surface Drainage Prefix ("SD"). "SD" areas designated on the zoning district map by an "SD" Prefix shall be subject to the following provisions:

(a)

Uses permitted. The permitted uses in that portion of any district having a Surface Drainage, "SD," Prefix shall be limited to the following:

(1)

Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry.

(2)

Off-street parking incidental to any adjacent main use permitted in the district.

(3)

Electrical substation.

(4)

All types of local utilities.

(5)

Parks, community centers, playgrounds, public golf courses.

(6)

Private commercial open area amusements such as golf courses, driving ranges, archery ranges and similar uses.

(7)

Private open space as part of a Planned Development.

(8)

Heliport when approved by Specific Use Permit as provided in Section 7-2.

(b)

No building or structure shall be erected in that portion of any district designated with a Surface Drainage, "SD," Prefix until and unless such building or structure has been approved by the Director of Public Works, who will ascertain that such building or structure is not subject to damage by flooding and would not constitute an encroachment hazard or obstacle to the movement of floodwaters and that such construction would not endanger the value and safety of other property or the public health and welfare.

(c)

Any dump, excavation, storage, filling or mining operation within that portion of a district having a Surface Drainage, "SD," Prefix shall be approved in writing by the Director of Public Works before such operation is begun.

(d)

An area may be removed from the Surface Drainage, "SD," Prefix designation when, by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the Director of Public Works that the flood hazard has been alleviated. Removal of the Surface Drainage, "SD," Prefix shall be accomplished by resolution of the City Council after written notification from the Director of Public Works advising of the removal of the flood hazard.

(a)

The boundaries of the zoning districts contained herein are delineated upon the official zoning district map of the City of Big Spring, said map being a part of this ordinance as fully as if the same were set forth here in detail.

(b)

Four (4) original, official and identical copies of the Zoning District Maps are hereby adopted bearing the signature of the Mayor and the attestation of the City Secretary and shall be filed and maintained as follows:

(1)

One copy shall be filed with the City Secretary and retained as the original record and shall not be changed in any manner.

(2)

One copy shall be filed with the County Clerk and retained as the original record and shall not be changed in any manner.

(3)

One copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing Building Permits, Certificates of Occupancy and Compliance and for enforcing the Zoning Ordinance.

(4)

One copy shall be filed with the Director of Public Works for reference purposes and shall be maintained up-to-date by posting thereon all changes and subsequent amendments.

(5)

Reproductions for information purposes may, from time to time, be made of the official Zoning District Maps.

The following descriptions are general in nature and are not designed to serve as an indication or list of allowed uses in each district:

Residential Districts

A, Agricultural District. A zone designed to accommodate single-family residences and agricultural uses on lots that are a minimum of one (1) acre in area.

SF-1, Single-Family Dwelling District. A zone designed to accommodate single-family residences on lots that are a minimum of thirteen thousand (13,000) square feet in area.

SF-2, Single-Family Dwelling District. A zone designed to accommodate single-family development on lots that are a minimum of seven thousand (7,000) square feet in area.

SF-3, Single-Family Dwelling District. A zone designed to accommodate single-family development on lots that are not less than five thousand (5,000) square feet in area.

SF-4, Single-Family Dwelling District. A zone designed to accommodate single-family development on lots not less than two thousand six hundred ten (2,610) square feet in area for zero lot line and twinhome units, and on lots not less than one thousand eight hundred seventy-five (1,875) square feet in area for townhouse units.

(Ord. of 10-14-2014)

2F, Two-Family Dwelling District. A zone designed to accommodate development with residential buildings containing two (2) dwelling units in each building.

GR, General Residential District. A zone designed to accommodate development with residential buildings including many types of residential dwellings.

MF, Multiple-Family Dwelling District. A zone designed to accommodate multiple-family residential development at a density of not more than one (1) dwelling unit per one thousand two hundred (1,200) square feet on tracts no smaller than seven thousand five hundred (7,500) square feet.

Non-Residential Districts

O, Office District. A zone designed to accommodate office development.

NS, Neighborhood Service District. A zone designed for small sites to accommodate neighborhood convenience retail shopping facilities and professional and business offices that are primarily engaged in providing services to residents of the immediate neighborhood.

R, Retail District. A zone designed to provide locations for retail development to serve local neighborhood shopping, community shopping and regional shopping needs.

LC, Light Commercial District. A zone designed to accommodate the types of business and commercial uses that involve storage and commercial industries.

HC, Heavy Commercial District. A zone designed to accommodate business and commercial uses that include more intense commercial industries.

CA, Central Area District. A special zone designed to address the downtown area.

LI, Light Industrial District. A zone designed to accommodate industrial development in accordance with performance standards designed to ensure that such uses will have little or no impact on the surrounding area.

HI, Heavy Industrial District. A zone designed to accommodate warehousing, manufacturing and related businesses and that may need special motor freight terminals, that will generate significant volumes of truck traffic.

Special Applications

PD, Planned Development Districts. A zoning designation but not a district designed to accommodate development with a variety of types of residential and non-residential uses in accordance with a development plan and subject to the requirements of one or more of the zoning districts listed above.

Specific Use Permits. A zoning designation but not a district designed to accommodate development or land use in accordance with a specific list of permits contained herein and subject to the requirements of one of the zoning districts listed above. Such permits may be with or without term limitation.

Temporary Land Uses. These are not zoning designations but are special uses approved in accordance with the list contained herein and are not permanent uses.

The boundaries of the zoning districts set forth herein are delineated upon the official zoning district map of the City of Big Spring, said map being a part of this ordinance as if it were shown here in detail.

(a)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(b)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

(c)

Boundaries indicated as approximately following city limits shall be construed as following city limits.

(d)

Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

(e)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams or other bodies of water shall be construed to follow such centerlines.

(f)

Boundaries indicated as parallel to or extensions of features indicated in subsection[s] (a) through (e) above shall be so construed. Distances not specifically indicated on the original Zoning Maps shall be determined by the scale of the map or from specific distances found in a city zoning ordinance, whichever is appropriate.

(g)

Whenever any street, alley or other public way is vacated by official action of the City Council, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or other public way, and all area so involved shall then and henceforth be subject to all regulations of the extended districts unless it may be beneficial to the public to utilize other zoning classifications.

(h)

Where physical features of the ground are at variance with information shown on the official Zoning District map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (a) through (g) [above], the property shall be considered as classified "A," Agricultural District, temporarily in the same manner as provided for newly annexed territory and the issuance of a building permit and the determination of permanent zoning shall be in accordance with provisions for temporarily zoned areas.

RESIDENTIAL DISTRICTS

A, Agricultural District.

(a)

Use. A building or premises shall be used only for the following purposes:

(1)

Single-family dwelling detached, country club (private with golf course).

(2)

Church or rectory, monastery or convent, or other religious worship facilities, institutions of religious or philanthropic nature.

(3)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines, electrical substation and structures, [and] water treatment plant.

(4)

Railroad tracks and rights-of-way.

(5)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(6)

Farm or ranch (with retail business conducted on the premises).

(7)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(8)

Schools, public, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school.

(9)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(10)

Accessory buildings and uses, including carports, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(11)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. No building shall exceed thirty-five (35) feet, except as noted in Article 4, Section 4-8.

(c)

Lot area, front, side, and rear yard setbacks. No building shall be constructed on any lot or tract less than the required minimum one (1) acre. Except as provided by Article 4, Development Standards, the front yard setback shall be a minimum of thirty-five (35) feet, the side yard setback shall be a minimum of fifteen (15) feet, and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot width. The minimum lot width shall not be less than one hundred fifty (150) feet at the required front and rear building setback lines. The minimum width at the front property line shall be one hundred twenty (120) feet.

[Exception.] Where a platted lot, having less area or width than herein required, existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit the use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred fifty (150) feet.

(f)

Lot coverage. In no case shall more than fifty percent (50%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.

SF-1, Single-Family Dwelling District.

(a)

Use. A building or premises shall be used only for the following purposes:

(1)

Single-family dwelling detached.

(2)

Church or rectory, or other religious worship facilities.

(3)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures.

(4)

Railroad tracks and rights-of-way.

(5)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(6)

Farm or ranch.

(7)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(8)

Schools, public, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school.

(9)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(10)

Accessory buildings and uses, including carports, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(11)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. No building shall exceed thirty (30) feet, except as noted in Article 4, Section 4-8.

(c)

Lot area, side, and rear yard setbacks. No building shall be construction on any lot or tract less than the required minimum thirteen thousand (13,000) square feet. Except as provided by Article 4, Development Standards, the front yard setback shall be a minimum of thirty-five (35) feet or shall match the setback of existing nearby buildings, whichever is greater, the side yard setback shall be a minimum of ten (10) feet; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot width. The minimum lot width shall not be less than eighty (80) feet at the required front and rear building setback lines. The minimum width at the front property line shall be sixty (60) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit the use of the property as hereby allowed.

(e)

Lot depth. The minimum depth of the lot shall not average less than one hundred twenty (120) feet.

(f)

Lot coverage. In no case shall more than fifty percent (50%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.

SF-2, Single-Family Dwelling District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling detached.

(2)

Church or rectory, or other religious worship facilities.

(3)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures.

(4)

Railroad tracks and rights-of-way.

(5)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(6)

Farm or ranch.

(7)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(8)

Schools, public, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school.

(9)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(10)

Accessory buildings and uses, including carports, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(11)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. No building shall exceed thirty (30) feet, except as noted in Article 4, Section 4-8.

(c)

Lot area, front, side, and rear yard setbacks. No building shall be constructed on any lot or tract less than the required seven thousand (7,000) square feet. Except as provided by Article 4, Development Standards, the front yard setback shall be a minimum of twenty-five (25) feet or shall match the setback of existing nearby buildings, whichever is greater; the side yard setback shall be a minimum of five (5) feet; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot width. The minimum lot width shall not be less than sixty (60) feet at the required front and rear building setback lines. The minimum width at the front property line shall be forty-five (45) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit the use of the property as hereby allowed.

(e)

Lot depth. The minimum depth of the lot shall not average less than one hundred (100) feet.

(f)

Lot coverage. In no case shall more than fifty percent (50%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.

SF-3, Single-Family Dwelling District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling detached, mobile/manufactured home.

(2)

Church or rectory, or other religious worship facilities.

(3)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures.

(4)

Railroad tracks and rights-of-way.

(5)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(6)

Farm or ranch.

(7)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(8)

Schools, public, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school.

(9)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(10)

Accessory buildings and uses, including carports, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(11)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. No building shall exceed thirty (30) feet, except as noted in Article 4, Section 4-8.

(c)

Lot area, front, side, and rear yard setbacks. No building shall be constructed on any lot or tract less than the required minimum five thousand (5,000) square feet. Except as provided by Article 4, Development Standards, the front yard setback shall be a minimum of twenty-five (25) feet or shall match the setback of existing nearby buildings, whichever is greater; the side yard setback shall be a minimum of five (5) feet; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot width. The minimum lot width shall not be less than fifty (50) feet at the required front and rear building setback lines. The minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot depth. The minimum depth of the lot shall not average less than one hundred (100) feet.

(f)

Lot coverage. In no case shall more than fifty percent (50%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.

SF-4, Single-Family Dwelling District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, with a limit of one such dwelling per legally platted and recorded lot.

(2)

Church or rectory, or other religious worship facilities.

(3)

Building or uses owned or operated by public governmental agencies, parks, playgrounds and public community center, and public utility lines and structures.

(4)

Railroad tracks and right-of-way.

(5)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon completion or abandonment of construction work.

(6)

Accessory buildings and uses, including carports, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business.

(b)

Height. No building shall exceed thirty-five (35) feet in height, or two and one-half (2½) stories in height, except as noted in Article 4, Section 4-8.

(c)

Lot area, front, side, and rear yard setbacks. Lot area—Zero Lot Line or Twinhome Unit: two thousand six hundred ten (2,610) square feet; Townhouse Unit: one thousand eight hundred seventy-five (1,875) square feet. Front yard setback—Zero lot line and Twinhome Unit shall be a minimum of ten (10) feet; Townhome Unit shall be a minimum of fifteen (15) feet. Side yard setback for Zero lot line/Twinhome Unit and Townhome Unit shall have a minimum of one (1) side yard. Zero lot line units shall have one (1) side yard of at least ten (10) feet, and the other side yard may be reduced to zero (0) feet but shall not be more than one (1) foot. Rear yard setback for Zero lot line/Twinhome Unit and Townhome Unit shall be a minimum of ten (10) feet. (Additional standards are outlined below).

(d)

Lot width. The minimum lot width shall not be less than forty-five (45) feet at the required front and rear building setback lines for a Zero Lot Line or Townhome [Twinhome] unit. A Townhouse Unit lot shall not be less than twenty-five (25) feet in width.

(e)

Lot depth. The minimum depth of the lot for a Zero Lot Line or Twinhome Unit shall not be less than fifty-eight (58) feet in depth. The minimum depth of the lot for a Townhome Unit shall not be less than seventy-five (75) feet in depth.

(f)

Lot coverage (or Floor Area Ratio). In no case shall more than sixty-two percent (62%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.

(g)

Additional Standards for Zero Lot Line Dwellings.

(1)

Development of a zero lot line dwelling shall occur only on a lot that has been specifically platted in accordance with the provisions of the City of Big Spring Subdivision Ordinance to accommodate such a use.

(2)

Side yards on lots with a zero lot line dwelling shall meet the following requirements:

a.

One side yard must be a minimum of ten (10) feet.

b.

The remaining side yard may range from zero (0) feet, up to a maximum of one (1) foot, except for lots where minimum setbacks required from side streets or from adjoining lots in other zoning districts necessitate this remaining side yard to be a minimum of five (5) feet. In no circumstance shall the separation between a zero lot line home and any dwelling on an adjoining lot be less than ten (10) feet.

c.

Any side yard abutting a street right-of-way must be a minimum of five (5) feet.

d.

Any side yard abutting a lot in a different zoning district must be a minimum of five (5) feet.

e.

A maximum two (2) foot eave overhang is allowed within these required side yards.

(3)

A perpetual easement with a minimum width of five (5) feet shall be provided on the adjacent lot, for the maintenance of the wall of the dwelling with the zero lot line. This required easement shall be in favor of the lot on which a zero lot line is planned at or near the boundary to which this easement is adjacent. This required easement shall extend along the entire length of the side boundary to which the easement is adjacent.

(4)

Except as permitted by subparagraphs [(g)][(4)]a and b below, no doors or window openings of any kind (and no air conditioning units, utility meters and electric panel boxes) shall be allowed on the wall of a dwelling or accessory building that lies on or faces a zero lot line.

a.

Any portion of an exterior wall which lies less than three (3) feet from and substantially parallel to the zero lot line side boundary shall also not be considered on the zero lot line. Doors and windows shall generally be permitted on such walls, subject to the following limitation(s) and requirements:

(i)

If a door and/or window opens onto a courtyard substantially framed by a dwelling's exterior walls on at least three (3) sides, and such door or window would offer the only practical means of exterior access to and from a bedroom, then such door or window shall not be permitted.

(ii)

If a door and/or window opens onto a courtyard which is substantially framed by a dwelling's exterior walls on at least three (3) sides, and the remaining side(s) of such courtyard open(s) onto a zero [lot] line side boundary, then the remaining side(s) of such courtyard shall be enclosed by a privacy wall extending along that zero lot line side boundary. Said privacy fence shall be at least eight (8) feet in height and, furthermore, shall be composed of solidly opaque material which is substantially the same as those comprising the adjoining exterior walls on the residence.

b.

One (1) or more translucent window (as approved by the Building Official) shall be allowed on the zero lot line side of the lot on which a dwelling or accessory building is located.

(i)

The cumulative area of such translucent window(s) shall not exceed sixteen (16) square feet in size.

(ii)

The roof of each unit must be designed to prevent stormwater runoff from draining onto the adjacent lot.

(iii)

Required easements shall be shown on the final plat. If required easements are not shown on the final plat of lots for zero lot line homes, then such easements shall be created by means of a replat or other separate legal instrument filed with the Clerk of Howard County before permits for building are granted by the City.

(iv)

In no case shall the owner of any zero lot line dwelling be granted an easement on the adjoining property for the use of enjoyment of any portion of that property, except for a five (5) foot maintenance easement referenced in [(g)][(4)]b(iii) above.

(h)

Additional Standards for Twinhomes.

(1)

Only one (1) twinhome dwelling shall be allowed on a single lot.

(2)

Any lot occupied by a twinhome dwelling shall have a minimum side yard of ten (10) feet along any side boundary not adjacent to another twinhome structure.

(i)

Additional Standards for Townhouses.

(1)

Only one (1) townhouse dwelling shall be allowed on a single lot.

(2)

For the purposes of this subsection, a cluster of attached townhouse dwelling shall be referred to as a townhouse structure. The minimum space required between townhouse structures shall be as follows:

a.

If the end walls are four (4) hour rated firewalls (or better), as defined by the City's building code, no minimum space shall be required.

b.

In all other cases, a minimum spacing of ten (10) feet shall be required. A maximum two (2) foot eave overhang is allowed within this required separation area.

(3)

A minimum space of ten (10) feet shall be required between a townhouse structure and any other residential structure (other than a townhouse) or the side boundary of any lot in a non-residential zoning district. A maximum two (2) foot eave overhang is allowed within this required separation area.

(4)

Walls between individual townhouse dwelling units in a townhouse structure shall be at least one (1) hour rated firewalls, as defined by the City's building code, including adjoining walls and ceiling where a garage or carport is adjacent to or connected with any living area.

(5)

The number of individual townhouse dwelling units in a townhouse structure shall be no more than eight (8) units, nor less than three (3) units. The Building Official or designee shall grant no certificates of occupancy for less than three (3) attached dwellings in a townhouse structure.

(Ord. of 10-14-2014)

2F, Two-Family Dwelling District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, two-family dwelling.

(2)

Church or rectory, or other religious worship facilities.

(3)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures.

(4)

Railroad tracks and rights-of-way.

(5)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(6)

Farm or ranch.

(7)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(8)

Schools, public, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school.

(9)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(10)

Accessory buildings and uses, including carports, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(11)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. No building shall exceed thirty (30) feet, except as noted in Article 4, Section 4-8.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum six thousand (6,000) square feet. Except as provided by Article 4, Development Standards, the front yard setback shall be twenty-five (25) feet or shall match the setback of existing nearby buildings, whichever is greater; the side yard setback shall be a minimum of five (5) feet; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than fifty (50) feet at the required front and rear building setback lines for single-family detached structures and not less than sixty (60) [feet] for two-family dwellings. The minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet.

(f)

Lot coverage. In no case shall more than fifty percent (50%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.

GR, General Residential District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, two-family dwelling, mobile/manufactured home, multifamily dwelling, boarding or rooming house.

(2)

Church or rectory, or other religious worship facilities.

(3)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures.

(4)

Railroad tracks and rights-of-way.

(5)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(6)

Farm or ranch.

(7)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(8)

Schools, public, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school.

(9)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(10)

Accessory buildings and uses, including carports, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(11)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. No building shall exceed thirty (30) feet, except for multifamily buildings which may be three (3) stories in height, except as noted in Article 4, Section 4-8.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum six thousand (6,000) square feet for single-family detached dwellings; not less than two thousand (2,000) square feet for single-family attached dwellings; not less than six thousand (6,000) square feet for two-family dwellings; and not less than seven thousand five hundred (7,500) square feet for multifamily dwellings having one (1) to three (3) stories in height. In the case of multifamily dwellings, available area shall not be less than one thousand two hundred (1,200) square feet for each dwelling unit. Except as provided by Article 4, Development Standards, the front yard setback shall be twenty-five (25) feet or shall match the setback of existing nearby buildings, whichever is greater; the side yard setback shall be a minimum of five (5) feet; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than fifty (50) feet at the required front and rear building setback lines for single-family detached dwellings; not less than twenty (20) feet for single-family attached dwellings; and not less than sixty (60) [feet] for two-family dwellings and multifamily dwellings. Minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet.

(f)

Lot coverage. In no case shall more than fifty percent (50%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.

MF, Multiple-Family Dwelling District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, two-family dwelling, multifamily dwelling, boarding or rooming house, community center (private), day nursery.

(2)

Church or rectory, or other religious worship facilities.

(3)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures.

(4)

Railroad tracks and rights-of-way.

(5)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(6)

Farm or ranch.

(7)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(8)

Schools, public, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school.

(9)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(10)

Accessory buildings and uses, including carports, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(11)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. No building shall exceed thirty-five (35) feet, except as noted in Article 4, Section 4-8.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum six thousand (6,000) square feet for single-family detached dwellings; not less than two thousand (2,000) square feet for single-family attached dwellings; not less than six thousand (6,000) square feet for two-family dwellings; not less than seven thousand five hundred (7,500) square feet for multifamily dwellings having one (1) to three (3) stories in height. In the case of multifamily dwellings, available area shall not be less than one thousand two hundred (1,200) square feet for each dwelling unit for buildings three (3) stories or less. Except as provided by Article 4, Development Standards, the front yard setback shall be twenty-five (25) feet or shall match the setback of existing nearby buildings, whichever is greater; the side yard setback shall be a minimum of ten (10) feet; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than fifty (50) feet at the required front and rear building setback lines for single-family detached dwellings; not less than twenty (20) feet for single-family attached dwellings and not less than sixty (60) [feet] for two-family dwellings and multifamily dwellings. The minimum width at the front property line shall be 40 feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet for single-family and two-family buildings and not less than one hundred twenty (120) feet for multiple-family use.

(f)

Lot Coverage. In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.

NON-RESIDENTIAL DISTRICTS

O, Office District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, two-family dwelling, multifamily dwelling, animal clinic or hospital (no outside runs or pens), art gallery or museum, boarding or rooming house, business office (professional and administrative), college or university, community center (private), day nursery, group care or group medical care home, hospital, institutions of a philanthropic nature, library (public), nursing home, private country club.

(2)

Studio for photographer, musician, artist or health service, swim or tennis club.

(3)

Church or rectory, monastery or convent, or other religious worship facilities.

(4)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures including electrical substation.

(5)

Railroad tracks and rights-of-way.

(6)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(7)

Farm or ranch.

(8)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(9)

Schools, public, private, or denominational, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school, school (business or trade).

(10)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(11)

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(12)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. Building height shall not exceed thirty (30) feet, except as noted in Article 4, Section 4-8.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum six thousand (6,000) square feet for single-family detached dwellings; not less than two thousand (2,000) square feet for single-family attached dwellings; not less than six thousand (6,000) square feet for two-family dwellings; not less than seven thousand five hundred (7,500) square feet for multifamily dwellings having one (1) to three (3) stories in height with not less than one thousand two hundred (1,200) square feet of available area for each dwelling unit. Except as provided by Article 4, Development Standards, the front yard setback shall be twenty-five (feet) or shall match the setback of existing nearby buildings, whichever is greater; no side yard setback is required; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than sixty (60) feet at the required front and rear building setback lines for single-family detached dwellings; not less than twenty (20) feet for single-family attached dwellings; and not less than sixty (60) [feet] for two-family dwellings and multifamily dwellings. The minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet for single-family and two-family buildings and not less than one hundred twenty (120) feet for multiple-family use.

(f)

Lot Coverage. In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings when used for residential purpose.

NS, Neighborhood Service District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, two-family dwelling, multifamily dwelling, art gallery or museum, barbershop or beauty salon, boarding or rooming house, business office (professional and administrative), college or university, day nursery, group care or group medical care home, hospital, institutions of a philanthropic nature, library (public), nursing home, private community center or private country club, studio for photographer, musician, artist or health service, swim or tennis club.

(2)

Amusements (commercial indoor), bakery (retail), custom personal service, dry cleaning, florist, fraternal organization, lodge or civic club, handicraft shop, home or treatment center for care of alcoholic, narcotic, or psychiatric patients.

(3)

Laundry or cleaning self-service, parking lot (commercial—autos only), pharmacy, retail sale of alcoholic beverages for off-premises consumption, retail stores and shops (other).

(4)

Church or rectory, monastery or convent, or other religious worship facilities.

(5)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures including electrical substation.

(6)

Railroad tracks and rights-of-way.

(7)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(8)

Farm or ranch.

(9)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(10)

Schools, public, private, or denominational, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school, school (business or trade).

(11)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(12)

Accessory buildings and uses, customarily incident to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(13)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. Building height shall not exceed two (2) stories in this district except that multifamily buildings may be up to three (3) stories in height, except as noted in Article 4, Section 4-8.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum six thousand (6,000) square feet for single-family detached dwellings; not less than two thousand (2,000) square feet for single-family attached dwellings; not less than six thousand (6,000) square feet for two-family dwellings; not less than seven thousand five hundred (7,500) square feet for multifamily dwellings having one (1) to three (3) stories in height with not less than one thousand two hundred (1,200) square feet of available area for each dwelling unit. Except as provided by Article 4, Development Standards, the front yard setback shall be twenty-five (25) feet or shall match the setback of existing buildings, whichever is greater; no side yard setback is required; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than sixty (60) feet at the required front and rear building setback lines for single-family detached dwellings; not less than twenty (20) feet for single-family attached dwellings; and not less than sixty (60) [feet] for two-family dwellings and multifamily dwellings. The minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit the use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet for single-family and two-family buildings and not less than one hundred twenty (120) feet for multiple-family use.

(f)

Lot Coverage. In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings when used for residential purpose.

R, Retail District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, two-family dwelling, multifamily dwelling, art gallery or museum, barbershop or beauty salon, boarding or rooming house, business office (professional and administrative), college or university, day nursery, group care or group medical care home, hospital, institutions of a philanthropic nature, library (public), nursing home, private community center or private country club, studio for photographer, musician, artist or health service, swim or tennis club.

(2)

Amusements (commercial indoor), animal clinic or hospital (no outdoor use), antique shop, auto repair (minor), auto parts sales (new), bakery (retail), cafeteria, carwash, custom personal service, dry cleaning, florist, fraternal organization, lodge or civic club, gasoline/service center, greenhouse or plant nursery, handicraft shop, home or treatment center for care of alcoholic, narcotic, or psychiatric patients, hotel or motel, household appliance sales, service and repair, laundry or cleaning self-service, mortuary or funeral parlor, office supply sales, parking lot (commercial—autos only), pawnshop, pharmacy, places of entertainment or eating serving alcoholic beverages, print shop, radio and television tower (monopole only), restaurant with or without drive-in service, retail sale of alcoholic beverages for off-premises consumption, retail stores and shops (other).

(3)

Auto sales (without repair), roller or ice-skating rink, shop or yard for local, state or federal government, theater (indoor).

(4)

Church or rectory, monastery or convent, or other religious worship facilities.

(5)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures including electrical substation and water treatment plant.

(6)

Railroad tracks and rights-of-way.

(7)

Public golf course, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(8)

Farm or ranch, greenhouse or plant nursery (with retail business conducted on the premises).

(9)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(10)

Schools, public, private, or denominational, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school, school (business or trade).

(11)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(12)

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(13)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. Building height shall not exceed thirty (30) feet except that multifamily buildings may be no higher than thirty-five (35) feet, except as noted in Article 4, Section 4-8.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum six thousand (6,000) square feet for single-family detached dwellings; not less than two thousand (2,000) square feet for single-family attached dwellings; not less than six thousand (6,000) square feet for two-family dwellings; not less than seven thousand five hundred (7,500) square feet for multifamily dwellings having one (1) to three (3) stories in height with not less than one thousand two hundred (1,200) square feet of available area for each dwelling unit. Except as provided in Article 4, Development Standards, the front yard setback shall be twenty-five (25) feet or shall match the setback of existing nearby buildings, whichever is greater; no side yard setback is required; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than fifty (50) feet at the required front and rear building setback lines for single-family detached dwellings; not less than twenty (20) feet for single-family attached dwellings; and not less than sixty (60) [feet] for two-family dwellings and multifamily dwellings. The minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet for single-family and two-family buildings and not less than one hundred twenty (120) feet for multiple-family use.

(f)

Lot Coverage. In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings when used for residential purpose.

LC, Light Commercial District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, two-family dwelling, multifamily dwelling, art gallery or museum, barbershop or beauty salon, boarding or rooming house, business office (professional and administrative), college or university, day nursery, group care or group medical care home, hospital, institutions of a philanthropic nature, library (public), nursing home, private community center or private country club, studio for photographer, musician, artist or health service, swim or tennis club.

(2)

Airport landing field or heliport, amusements (commercial indoor or outdoor), animal clinic or hospital (without outside runs or pens), antique shop, auto repair (minor), auto parts sales (new), bakery (retail or wholesale), cafeteria, carwash, custom personal service, dry cleaning, florist, fraternal organization, lodge or civic club, gasoline/service center, greenhouse or plant nursery, handicraft shop, home or treatment center for care of alcoholic, narcotic, or psychiatric patients, hotel or motel, household appliance sales, service and repair, laundry or cleaning self-service, mortuary or funeral parlor, office supply sales, parking lot (commercial—autos only), pawn shop, pharmacy, places of entertainment or eating serving alcoholic beverages, print shop, radio and television tower (monopole only), restaurant with or without drive-in service, retail sale of alcoholic beverages for off-premises consumption, retail stores and shops (other).

(3)

Auto sales (with or without repair), auto painting and body repair, bus station or terminal, cabinet or upholstery shop, cemetery or mausoleum, cleaning/dyeing plant, dance hall or nightclub, day camp, engine and motor repair, fairground or exhibit area, feed store, flea market (outdoor), laundry plant (commercial), mini-storage warehouse, newspaper printing, plumbing shop, roller or ice-skating rink, scientific or research lab, secondhand goods store including used furniture and clothing, shop or yard for local, state or federal government, theater (indoor), tool or trailer sales and rental, wholesale office and sample room.

(4)

Church or rectory, monastery or convent, or other religious worship facilities.

(5)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures including electrical substation and water treatment plant.

(6)

Railroad tracks and rights-of-way.

(7)

Public golf course or golf course (commercial), but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(8)

Farm or ranch, greenhouse or plant nursery (with retail business conducted on the premises).

(9)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(10)

Schools, public, private, or denominational, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school, school (business or trade).

(11)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(12)

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(13)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. Building height shall not exceed twenty (20) stories in this district except that special setback provisions apply to all buildings above three (3) stories, as noted in Article 4, Section 4-8.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum six thousand (6,000) square feet for single-family detached dwellings; not less than two thousand (2,000) square feet for single-family attached dwellings; not less than six thousand (6,000) square feet for two-family dwellings; not less than seven thousand five hundred (7,500) square feet for multifamily dwellings having one (1) to three (3) stories in height with not less than one thousand two hundred (1,200) square feet of available area for each dwelling unit. Except as provided by Article 4, Development Standards, the front yard setback shall be twenty-five (25) feet or shall match the setback of existing nearby buildings, whichever is greater; no side yard setback is required; and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than fifty (50) feet at the required front and rear building setback lines for single-family detached dwellings; not less than twenty (20) feet for single-family attached dwellings; and not less than sixty (60) [feet] for two-family dwellings and multifamily dwellings. The minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet for single-family and two-family buildings and not less than one hundred twenty (120) feet for multiple-family use.

(f)

Lot Coverage. In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings when used for residential purposes. If used for commercial purposes, total lot coverage shall not exceed a floor area ratio of 2:1.

HC, Heavy Commercial District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, two-family dwelling, multifamily dwelling, art gallery or museum, barbershop or beauty salon, boarding or rooming house, business office (professional and administrative), college or university, day nursery, group care or group medical care home, hospital, institutions of a philanthropic nature, library (public), nursing home, private community center or private country club, studio for photographer, musician, artist or health service, swim or tennis club.

(2)

Airport landing field or heliport, amusements (commercial indoor or outdoor), animal clinic or hospital (with or without outside runs or pens), animal pound (public or private), antique shop, auto repair (minor), auto parts sales (new or used, indoor or outdoor), bakery (retail or wholesale), building material sales, cafeteria, carwash, cleaning plant—rag or carpet (special equipment), clothing manufacturer or light compounding or fabrication, contractors shop or storage yard, custom personal service, dry cleaning, florist, fraternal organization, lodge or civic club, gasoline/service center, greenhouse or plant nursery, handicraft shop, hauling or storage company, heavy machinery sales and storage, home or treatment center for care of alcoholic, narcotic, or psychiatric patients, hotel or motel, household appliance sales, service and repair, laundry or cleaning self-service, milk, dairy or ice cream plant, mortuary or funeral parlor, office supply sales, motor freight terminal, paint shop, parking lot (commercial—autos only), parking lot (commercial—autos and trucks), pawn shop, petroleum products storage, pharmacy, places of entertainment or eating serving alcoholic beverages, print shop, radio and television tower (monopole only), railroad freight terminal, railroad passenger station, railroad team track, restaurant with or without drive-in service, retail sale of alcoholic beverages for off-premises consumption, retail stores and shops (other), rodeo ground, shooting range—indoor.

(3)

Auto sales (with or without repair), auto painting and body repair, bus station or terminal, cabinet or upholstery shop, cemetery or mausoleum, cleaning/dyeing plant, dance hall or nightclub, day camp, engine and motor repair, fairground or exhibit area, feed store, flea market (outdoor), laundry plant (commercial), mini-storage warehouse, newspaper printing, plumbing shop, roller or ice-skating rink, scientific or research lab, secondhand goods store including used furniture and clothing, shop or yard for local, state or federal government, storage and sale of furniture or appliances (outdoor), storage warehouse, theater (indoor or outdoor), tire retreading or capping, transfer, storage transfer and baggage terminal, tool or trailer sales and rental, utility shop or storage (private), wholesale office and sample room.

(4)

Church or rectory, monastery or convent, or other religious worship facilities.

(5)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures including electrical generating plant, electrical substation, and water treatment plant.

(6)

Railroad tracks and rights-of-way.

(7)

Public golf course or golf course (commercial), but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(8)

Farm or ranch, greenhouse or plant nursery (with retail business conducted on the premises).

(9)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(10)

Schools, public, private, or denominational, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school, school (business or trade).

(11)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(12)

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(13)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty (20) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(b)

Height. Building height shall not exceed twenty (20) stories in this district except that special setback provisions apply to all buildings above three (3) stories as provided in Article 4, Section 4-8.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum six thousand (6,000) square feet for single-family detached dwellings; not less than two thousand (2,000) square feet for single-family attached dwellings; not less than six thousand (6,000) square feet for two-family dwellings; not less than seven thousand five hundred (7,500) square feet for multifamily dwellings having one (1) to three (3) stories in height with not less than one thousand two hundred (1,200) square feet of available area for each dwelling unit. Except as provided in Article 4, Development Standards, no front yard or side yard setback is required and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than fifty (50) feet at the required front and rear building setback lines for single-family detached dwellings; not less than twenty (20) feet for single-family attached dwellings; and not less than sixty (60) [feet] for two-family dwellings and multifamily dwellings. The minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet for single-family and two-family buildings and not less than one hundred twenty (120) feet for multiple-family use.

(f)

Lot Coverage. In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings when used for residential purpose. If used for commercial purposes, total lot coverage shall not exceed a floor area ratio of 10:1.

CA, Central Area District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Single-family dwelling attached or detached, two-family dwelling, multifamily dwelling, art gallery or museum, barbershop or beauty salon, boarding or rooming house, business office (professional and administrative), college or university, day nursery, group care or group medical care home, hospital, institutions of a philanthropic nature, library (public), nursing home, private community center or private country club, studio for photographer, musician, artist or health service, swim or tennis club.

(2)

Airport landing field or heliport, amusements (commercial indoor or outdoor), animal clinic or hospital (without outside runs or pens), antique shop, auto repair (minor), auto parts sales (new), bakery (retail or wholesale), building material sales, cafeteria, carwash, clothing manufacturer or light compounding or fabrication, custom personal service, dry cleaning, florist, fraternal organization, lodge or civic club, gasoline/service center, greenhouse or plant nursery, handicraft shop, hauling or storage company, heavy machinery sales and storage, home or treatment center for care of alcoholic, narcotic, or psychiatric patients, hotel or motel, household appliance sales, service and repair, laundry or cleaning self-service, mortuary or funeral parlor, office supply sales, motor freight terminal, paint shop, parking lot (commercial—autos only), parking lot (commercial—autos and trucks), pawn shop, pharmacy, places of entertainment or eating serving alcoholic beverages, plaza, print shop, radio and television tower (monopole only), railroad freight terminal, railroad passenger station, railroad team track, restaurant with or without drive-in service, retail sale of alcoholic beverages for off-premises consumption, retail stores and shops (other), wireless communication tower.

(3)

Auto sales (with or without repair), auto painting and body repair, bus station or terminal, cabinet or upholstery shop, cleaning/dyeing plant, dance hall or nightclub, engine and motor repair, fairground or exhibit area, feed store, flea market (outdoor), laundry plant (commercial), mini-storage warehouse, newspaper printing, plumbing shop, roller or ice-skating rink, scientific or research lab, secondhand goods store including used furniture and clothing, shop or yard for local, state or federal government, storage warehouse, theater (indoor), tire retreading or capping, transfer, storage transfer and baggage terminal, tool or trailer sales and rental, welding or machine shop, wholesale office and sample room.

(4)

Church or rectory, monastery or convent, or other religious worship facilities.

(5)

Buildings and uses owned or operated by public governmental agencies, parks, playgrounds and public community centers, and public utility lines and structures including electrical generating plant, electrical substation, and water treatment plant.

(6)

Railroad tracks and rights-of-way.

(7)

Public golf course or golf course (commercial), but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(8)

Farm or ranch, greenhouse or plant nursery (with retail business conducted on the premises).

(9)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(10)

Schools, public, private, or denominational, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school, school (business or trade).

(11)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(12)

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(13)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty (20) feet from the front lot line and in the case of corner lots having two (2) sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(14)

Microbrewery, microdistillery, and winery.

(Ord. of 4-24-2018)

(b)

Height. Building height is unlimited unless prohibited by other laws or ordinances.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum six thousand (6,000) square feet for single-family detached dwellings; not less than two thousand (2,000) square feet for single-family attached dwellings; not less than six thousand (6,000) square feet for two-family dwellings; not less than seven thousand five hundred (7,500) square feet for multifamily dwellings having one (1) to three (3) stories in height with not less than one thousand two hundred (1,200) square feet of available area for each dwelling unit. Multifamily dwellings having more than three (3) stories in height shall not be located on a lot with less than twelve thousand (12,000) square feet with not less than three hundred (300) square feet of available area for each dwelling unit. Except as provided by Article 4, Development Standards, no front or side yard setback is required and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than fifty (50) feet at the required front and rear building setback lines for single-family detached dwellings; not less than twenty (20) feet for single-family attached dwellings; and not less than sixty (60) [feet] for two-family dwellings and multifamily dwellings. The minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet for single-family and two-family buildings and not less than one hundred twenty (120) feet for multiple-family use.

(f)

Lot Coverage. In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings when used for residential purpose. If used for commercial purposes, total lot coverage shall not exceed a floor area ratio of 15:1.

(Ord. of 5-10-2016)

LI, Light Industrial District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Multifamily dwelling, art gallery or museum, barbershop or beauty salon, boarding or rooming house, business office (professional and administrative), college or university, group care or group medical care home, hospital, institutions of a philanthropic nature, library (public), nursing home, private community center or private country club, studio for photographer, musician, artist or health service, swim or tennis club.

(2)

Airport landing field or heliport, amusements (commercial indoor or outdoor), animal clinic or hospital (without outside runs or pens), animal pound (public or private), antique shop, auto repair (minor), auto parts sales (new or used, indoor or outdoor), bakery (retail or wholesale), building material sales, cafeteria, carwash, cleaning plant—rag or carpet (special equipment), clothing manufacturer or light compounding or fabrication, contractors shop or storage yard, custom personal service, dry cleaning, extraction and storage of sand, caliche, stone or gravel, florist, fraternal organization, lodge or civic club, gasoline/service center, greenhouse or plant nursery, handicraft shop, hauling or storage company, heavy machinery sales and storage, home or treatment center for care of alcoholic, narcotic, or psychiatric patients, hotel or motel, household appliance sales, service and repair, laundry or cleaning self-service, milk, dairy or ice cream plant, mortuary or funeral parlor, office supply sales, motor freight terminal, paint shop, parking lot (commercial—autos only), parking lot (commercial—autos and trucks), pawn shop, petroleum products storage, pharmacy, places of entertainment or eating serving alcoholic beverages, print shop, radio and television tower (monopole only), railroad freight terminal, railroad passenger station, railroad team track, restaurant with or without drive-in service, retail sale of alcoholic beverages for off-premises consumption, retail stores and shops (other), rodeo ground, shooting range, shooting range—indoor or outdoor.

(3)

Auto sales (with or without repair), auto painting and body repair, bus station or terminal, cabinet or upholstery shop, cemetery or mausoleum, cleaning/dyeing plant, dance hall or nightclub, engine and motor repair, fairground or exhibit area, feed store, flea market (outdoor), laundry plant (commercial), mini-storage warehouse, newspaper printing, plumbing shop, roller or ice-skating rink, scientific or research lab, secondhand goods store including used furniture and clothing, shop or yard for local, state or federal government, storage and sale of furniture or appliances (outdoor), storage warehouse, theater (indoor or outdoor), tire retreading or capping, transfer, storage transfer and baggage terminal, tool or trailer sales and rental, towing or wrecked vehicle storage, utility shop or storage (private), welding or machine shop, wholesale office and sample room.

(4)

Church or rectory, monastery or convent, or other religious worship facilities.

(5)

Buildings and uses owned or operated by public governmental agencies including a water treatment plant, electric generating plant, parks, playgrounds and public community centers, and public utility lines and structures, private utility shop or storage.

(6)

Railroad tracks and rights-of-way, railroad freight terminal, railroad passenger station, railroad team track.

(7)

Public golf course, rodeo ground, roller or ice skating rink.

(8)

Farm or ranch, greenhouse or plant nursery (with retail business conducted on the premises). Extraction and storage of sand, caliche, stone or gravel.

(9)

Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years.

(10)

Schools, public, private, or denominational, with full curriculum accredited by the state, where appropriate, and equivalent to that of a public elementary or high school, school (business or trade).

(11)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(12)

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot and not involving the conduct of a retail business and for home occupations as defined by this chapter.

(13)

A detached private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty (20) feet from the front lot line and in the case of corner lots having two sides on a public or private street when both streets shall be treated as front yards. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(14)

Light fabrication pursuant to definition "light fabrication and assembly processes."

(15)

Microbrewery, microdistillery, and winery.

(Ord. of 4-24-2018)

(b)

Height. Building height shall not be limited except as provided for by law.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. No building shall be constructed on any lot or tract less than the required minimum seven thousand five hundred (7,500) square feet for multifamily dwellings having one (1) to three (3) stories in height with not less than one thousand two hundred (1,200) square feet of available area for each dwelling unit. Except as provided by Article 4, Development Standards, no front or side yard setback is required and the rear yard setback of main buildings shall be a minimum of ten (10) feet.

(d)

Lot Width. The minimum lot width shall not be less than sixty (60) feet at the required front and rear building setback lines for multifamily dwellings. The minimum width at the front property line shall be forty (40) feet.

[Exception.] Where a platted lot having less area or width than herein required existed in separate ownership upon the effective date of this chapter, the above regulations shall not prohibit use of the property as hereby allowed.

(e)

Lot Depth. The minimum depth of the lot shall not average less than one hundred (100) feet and not less than one hundred twenty (120) feet for multiple-family use.

(f)

Lot Coverage. In no case shall more than forty-five percent (45%) of the total lot area be covered by the combined area of the main buildings and accessory buildings when used for residential purposes. If used for commercial purposes, total lot coverage shall not exceed a floor area ratio of 2:1.

HI, Heavy Industrial District.

(a)

Use. A building or premises shall be used only for the following uses:

(1)

Art gallery or museum, barbershop or beauty salon, business office (professional and administrative), college or university, group care or group medical care home, hospital, library (public), private community center or private country club, studio for photographer, musician, artist or health service, swim or tennis club.

(2)

Airport landing field or heliport, amusements (commercial indoor or outdoor), animal clinic or hospital (with or without outside runs or pens), animal pound (public or private), antique shop, auto repair (minor), auto parts sales (new or used, indoor or outdoor), bakery (retail or wholesale), building material sales, cafeteria, carwash, cleaning plant—rag or carpet (special equipment), clothing manufacturer or light compounding or fabrication, contractor's shop or storage yard, custom personal service, dry cleaning, extraction and storage of sand, caliche, stone or gravel, florist, fraternal organization, lodge or civic club, gasoline/service center, greenhouse or plant nursery, handicraft shop, hauling or storage company, heavy machinery sales and storage, hotel or motel, household appliance sales, service and repair, laundry or cleaning self-service, milk, dairy or ice cream plant, mortuary or funeral parlor, office supply sales, motor freight terminal, paint shop, parking lot (commercial—autos only), parking lot (commercial—autos and trucks), pawn shop, petroleum products storage, pharmacy, places of entertainment or eating serving alcoholic beverages, print shop, radio and television tower (monopole only), railroad freight terminal, railroad passenger station, railroad team track, restaurant with or without drive-in service, retail sale of alcoholic beverages for off-premises consumption, retail stores and shops (other), rodeo ground, shooting range—indoor or outdoor.

(3)

Auto sales (with or without repair), auto painting and body repair, asphalt or concrete batching plant, brick kiln or tile plant, bus station or terminal, cabinet or upholstery shop, cement or hydrated lime manufacture, cemetery or mausoleum, cleaning/dyeing plant, dance hall or nightclub, dump or sanitary fill area, engine and motor repair, fairground or exhibit area, feed store, flea market (outdoor), laundry plant (commercial), livestock auction, mini-storage warehouse, mining or storage of mining waste, newspaper printing, plumbing shop, roller or ice-skating rink, scientific or research lab, secondhand goods store including used furniture and clothing, shop or yard for local, state or federal government, slaughterhouse or meat-packing plant, smelter or refinery, storage and sale of furniture or appliances (outdoor), storage warehouse, theater (indoor), tire retreading or capping, transfer, storage transfer and baggage terminal, tool or trailer sales and rental, towing or wrecked vehicle storage, utility shop or storage (private), welding or machine shop, wholesale office and sample room.

(4)

Church or rectory, or other religious worship facilities.

(5)

Buildings and uses owned or operated by public governmental agencies including a water or wastewater treatment plant, electric generating plant, parks, playgrounds and public community centers, and public utility lines and structures, private utility shop or storage.

(6)

Railroad tracks and rights-of-way, railroad freight terminal, railroad passenger station, railroad team track.

(7)

Public golf course, rodeo ground, roller or ice skating rink.

(8)

Farm or ranch, greenhouse or plant nursery (with retail business conducted on the premises). Extraction and storage of sand, caliche, stone or gravel.

(9)

Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

(10)

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot.

(11)

School (business or trade).

(12)

Light or heavy fabrication pursuant to definitions "light fabrication and assembly processes" and "heavy fabrication and assembly."

(b)

Height. Building height shall not be limited except as provided for by law.

(c)

Lot Area, Front, Side and Rear Yard Setbacks. Except as provided by Article 4, Development Standards, no setbacks apply to this district.

(d)

Lot Width. No minimum [lot width] applies to this district.

(e)

Lot Depth. No minimum [depth of the lot] applies to this district.

(f)

Lot Coverage. There is no maximum lot coverage in this district. If used for industrial purposes, total lot coverage shall not exceed a floor area ratio of 1:1.

( Ord. No. 014-2021 , § 2, 4-13-2021; Ord. No. 017-2021 , § 3, 4-13-2021; Ord. No. 015-2022 , § 1, 4-12-2022; Ord. No. 047-2023 , § 1, 9-26-2023)

(a)

Required Privacy Fences.

(1)

A privacy fence shall be required for all new building construction where the side or rear lot line of a non-residential use is adjacent to either of the following:

a.

A non-residential district boundary other than a Zoning District; or

b.

An existing residential use.

(2)

This requirement shall not apply when an equivalent fence already exists.

(3)

Properties immediately across a body of water, transportation, drainage or utility right-of-way, street or alley shall be considered adjacent if the intervening body of water, transportation, drainage or utility right-of-way, street or alley, is less than eighty (80) feet wide.

(b)

Height Standards for New Privacy Fences.

(1)

All new privacy fences shall meet the visual clearance requirements of Section 6-8, below.

(2)

For separation between new non-residential and residential uses in areas which require a privacy fence.

(3)

Maximum Fence Height in Residential Districts.

a.

No portion of any new privacy fence or enclosure in any residential district, excluding the A District, shall exceed a height of eight (8) feet, unless it is determined by the Building Official that the existing topography requires a fence in excess of eight (8) feet. (Example: where a property is situated below a property located on a substantially higher elevation.)

b.

A substantially open fence with a ratio of solid portion to open portion equal to or less than one (1) (solid) to four (4) (open) may be constructed up to a height of ten (10) feet.

(4)

Maximum Height in Required Front Yards.

a.

Any new fence or enclosure extending into a required front yard shall not exceed a height of three (3) feet unless it is a substantially open in nature.

b.

Exceptions: The following are exempt from the requirement in [(b)][(4)]a above:

(i)

New construction of fences in the O, NS, R, LC, HC, CA, LI and HI Districts (non-residential use only);

(ii)

Fences for screening of Mobile/Manufactured Home Park in SF-3 and GR [districts]; and

(iii)

Fencing that serves to screen property in any District for which a Special Permit for Campground/RV Park has been approved and is actively in use.

c.

In the A Zoning District, a substantially open fence with a ratio of solid portion to the open portion equal to or less than one (1) (solid) to four (4) (open) may be constructed up to a height of six (6) feet.

(Ord. of 5-10-2016)

Except for freestanding signs with appropriate visual clearance below the display area which include official traffic control devices or approved public utilities, and with exception to corner lots in the Central Area (CA) District, any new fence, structure, sign, single trees with single trunks trimmed so that no vegetation on the tree hangs lower than either [eight] (8) feet above the street elevation or landscaping on a corner lot and situated within thirty (30) feet of the intersection of the two (2) street property lines, shrubbery, fencing, trees other than those herein described, shall not exceed a height of two and one-half (2.5) feet above the street elevation located on a corner lot at a street intersection. For this purpose, the restricted area for visual clearance shall be considered a triangle rather than an area bounded by an arc. This triangle shall be formed by the corner formed by the intersection of the back of curblines or an imaginary extension of said lines (or if there is no curb, the corner where the back of curblines would intersect if there were a curb) nearest the street intersection and the point on each said back of curbline which is thirty (30) feet from said corner as shown on Appendix D #14; provided, however, this subsection (2) [this section] shall not apply.

(Ord. of 5-10-2016)