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Broken Bow City Zoning Code

ARTICLE VI

SPECIFIC DISTRICT REGULATIONS

Sec. 56-140. - Short-term rental; residential use in residential zone.

(1)

"Short-term rental" or "nightly rental" shall be defined as a rental of a property for residential purposes, for a period of less than 30 consecutive nights.

"Residential purposes" shall be defined as the use of a structure or part of a structure as a place of abode, maintained by or for a person, whether or not owned by such person.

(2)

Short-term rentals shall only be permitted in areas zoned as commercial C-5 highway commercial and commercial recreation district, as set for in section 56-396 of the city Code of the City of Broken Bow, Oklahoma, with the following exceptions:

(a)

Any property previously established as hotel or motel, which operated as such for an extended period of time and such previous use can be established and shown, shall be grandfathered for use of any said property as such hotel or motel.

(b)

If a property is grandfathered for use as a hotel or motel, any construction and/or renovation must meet all building requirements for new builds and shall obtain any permits required.

(Ord. No. 428, § 2, 2-20-2024)

Sec. 56-162. - General description.

The R-1A Single-Family Residential District is the most restrictive residential district. The principal use of land is for single-family dwellings and related recreational, religious and education facilities normally required to provide the basic elements of a balanced and attractive residential area, and accessory buildings that are not a part of the main buildings, including a private garage, or accessory buildings that are a part of the main building, including a private garage. These areas are intended to be defined and protected from the encroachment of users not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

(Code 1986, § 12-250; Code 2009, § 52-148; Ord. No. 217, 3-25-1975)

Sec. 56-163. - Uses permitted after review.

The following uses may be permitted after review in accordance with provisions contained in this section:

(1)

Municipal use, public building and public utility in conjunction with one of the other permitted uses;

(2)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith;

(3)

Library, provided it has frontage on a major street as shown on the major street plan;

(4)

Home occupation as defined by this chapter; and

(5)

Golf course, provided it has major street frontage as shown on the major street plan.

(Code 1986, § 12-252; Code 2009, § 52-149; Ord. No. 217, 3-25-1975)

Sec. 56-164. - Area regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in this district:

Minimum

Lot Area
Minimum
Lot Frontage
Maximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
7,000 sq. ft. residential; 2 acres other 100 ft.
residential;
200 ft. other
25% interior; 30% corner
(See subsection (g) of this section)
35 ft. 25 ft. residential; 50 ft. other (See subsection (b)(2) of this section) See subsection (c)(1) of this section 20 ft. or 20% of lot depth

 

(b)

Front yard. All buildings shall be set back from the street right-of-way line to comply with the following front yard requirements:

(1)

The minimum depth of the front yard shall be 25 feet for residential buildings and 50 feet for all other buildings;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, provided that this regulation shall not require a front yard of greater depth than 40 feet; and

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets.

(c)

Side yard.

(1)

For dwellings of one story located on interior lots there shall be a side yard on each side of the main building of not less than five feet, and not less than eight feet for dwellings of more than one story. For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that unattached one story buildings of use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line;

(2)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet if such lot is back to back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot; and

(3)

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall be set back from all exterior and interior side lot lines a distance of not less than 25 feet.

(d)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

(e)

Lot width. For dwellings, there shall be a minimum lot width of 100 feet at the front building line, and such lot shall abut on a street for a distance of not less than 50 feet. All other uses shall have a minimum lot width of 200 feet.

(f)

Intensity of use.

(1)

For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than 10,000 square feet for residential uses and two acres for all other uses;

(2)

Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this chapter is derived, that lot may be used for any of the uses, except churches, permitted by this division; and

(3)

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in this chapter.

(g)

Coverage. Main and accessory buildings shall not cover more than 25 percent of the lot area on interior lots or 30 percent of the lot area on corner lots and accessory buildings shall not cover more than 20 percent of the rear yard. All other uses shall not cover more than 50 percent of the lot.

(Code 1986, § 12-253; Code 2009, § 52-150; Ord. No. 217, 3-25-1975)

Sec. 56-165. - Height regulations.

No building shall exceed 2½ stories or 35 feet in height.

(Code 1986, § 12-254; Code 2009, § 52-151; Ord. No. 217, 3-25-1975)

Sec. 56-184. - General description.

The R-1B Single-Family Residential District is established as a district in which the use of land is for single-family dwellings, yet providing for a somewhat higher density with basic restrictions similar to the R-1A Single-Family Residential District. The development and continued use of this land for residential dwellings is encouraged and the encroachment of commercial and industrial use or any other use which would substantially interfere with the development of or continuation of this district as residential is prohibited. Any use which would generate traffic or create the residences on the street is discouraged. Encouraged are those uses which, because of character or size, would not create additional requirements and costs for public services which are in excess of such requirements and costs if the district were developed solely for residential dwellings.

(Code 1986, § 12-255; Code 2009, § 52-171; Ord. No. 217, 3-25-1975)

Sec. 56-185. - Permitted uses.

Property and buildings in an R-1B Single-Family Residential District shall be used only for the following purposes and shall be subject to all of the general provisions and regulations of this chapter:

(1)

All uses permitted and as regulated in the R-1A Single-Family Residential District;

(2)

Accessory buildings and uses customarily incidental to any of the uses mentioned in subsection (1) of this section when located on the same lot; and

(3)

Home occupations.

(Code 1986, § 12-256; Code 2009, § 52-172; Ord. No. 217, 3-25-1975)

Sec. 56-186. - Permitted uses subject to additional requirements.

Any use permitted subject to additional requirements in the R-1A Single-Family Residential District is also permitted in the R-1B district.

(Code 1986, § 12-257; Code 2009, § 52-173; Ord. No. 217, 3-25-1975)

Sec. 56-187. - Area and height regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in the R-1B district:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
6,000 sq. ft. 50 ft. 35 35 ft. 25 ft. 5 ft. interior lots; 15 ft. street side of corner lots 20 ft.

 

(b)

Side yard.

(1)

For buildings of more than one story, the minimum width of the side yard on all lots shall be not less than ten feet; and

(2)

On a lot where the principal use is a nonresidential building, there shall be a side yard of not less than one-half the height of the building, but in no case less than 15 feet.

(c)

Rear yard. For buildings more than two stories in height, the minimum rear yard required hereby shall be increased by five feet for each additional story or fraction thereof.

(d)

Lot size requirements.

(1)

No dwelling or use shall be constructed or commenced in the R-1B Single-Family District, which does not conform with the minimum requirements for lot size; and

(2)

There shall be a minimum lot width of 50 feet at the front building line. The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be a minimum of 35 feet at the street line.

(Code 1986, § 12-258; Code 2009, § 52-174; Ord. No. 217, 3-25-1975)

Sec. 56-188. - Height restrictions.

No building shall exceed 2½ stories or 35 feet in height.

(Code 1986, § 12-254; Code 2009, § 52-175; Ord. No. 217, 3-25-1975)

Sec. 56-215. - General description.

The R-2 Two-Family Dwelling District is a residential district to provide for a slightly higher population density but with basic restrictions similar to the R-1A and R-1B districts. The principal use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

(Code 1986, § 12-260; Code 2009, § 52-194; Ord. No. 217, 3-25-1975)

Sec. 56-216. - Uses permitted after review.

The following uses may be permitted after review by the city planning commission in accordance with provisions contained in this section:

(1)

Any use permitted on review in R-1A and R-1B single-family dwelling districts;

(2)

Childcare centers provided they have major street frontage as shown on the major street plan; and

(3)

Lodges and other service institutions provided they are located on a lot of at least one acre and have major street frontage as shown on the major street plan.

(Code 1986, § 12-262; Code 2009, § 52-195; Ord. No. 217, 3-25-1975)

Sec. 56-217. - Area regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in this district:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
6,000 sq. ft. single-family; 8,000 sq. ft. duplex 50 ft.
residential;
35 ft. other
30 35 ft. 25 ft.
residential;
50 ft. other
See subsection (c)(1) of this section 20 ft. or 20% of lot depth

 

(b)

Front yard. All buildings shall be set back from the street right-of-way line to comply with the following front yard requirements:

(1)

The minimum depth of the front yard shall be 25 feet for residential uses. All other uses shall have a minimum front yard depth of 50 feet;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, no building varying more than five feet shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet; and

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets.

(c)

Side yard.

(1)

For dwellings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than five feet and a side yard of not less than eight feet for dwellings of more than one story and for garage apartments, except as otherwise provided. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line;

(2)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings as for an interior lot; and

(3)

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall be set back from all exterior and interior side lot lines a distance of not less than 25 feet.

(d)

Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building.

(e)

Lot width. For single-family dwellings, two-family dwellings or single-family dwellings and garage apartments, there shall be a minimum lot width of 50 feet at the front building line. All other uses shall have a minimum lot width of 200 feet.

(f)

Intensity of use.

(1)

For each single-family dwelling and accessory buildings there shall be a lot area of not less than 6,000 square feet;

(2)

For each two-family dwelling and accessory buildings there shall be a lot area of not less than 8,000 square feet. A garage apartment located on the same lot with a single-family dwelling shall have the same area requirements as a two-family dwelling. In all other cases a garage apartment shall be provided with the same lot area required by a single-family dwelling;

(3)

Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this chapter is derived that lot may be used for any use, except churches, permitted in the R-1A and R-1B single-family districts; and

(4)

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking area required in the parking chapter.

(g)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area. Accessory buildings shall not cover more than 20 percent of the rear yard. All other uses shall not cover more than 50 percent of the lot area.

(Code 1986, § 12-263; Code 2009, § 52-196; Ord. No. 217, 3-25-1975)

Sec. 56-218. - Height regulations.

No building shall exceed 2½ stories or 35 feet in height.

(Code 1986, § 12-264; Code 2009, § 52-197; Ord. No. 217, 3-25-1975)

Sec. 56-245. - General description.

The R-3 Multiple-Family Dwelling District is a residential district to provide for medium and high population density. The principal use of land can range from single-family to multiple-family and garden apartment uses. Certain uses which are functionally more compatible with intensive residential uses than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

(Code 1986, § 12-265; Code 2009, § 52-217; Ord. No. 217, 3-25-1975)

Sec. 56-246. - Permitted uses.

Property and buildings in an R-3 Multiple-Family Dwelling District, shall be used only for the following purposes:

(1)

Any use permitted in an R-1A and R-1B single-family district;

(2)

Any use permitted in an R-2 two-family district;

(3)

Roominghouse or boardinghouse;

(4)

Multifamily dwellings; and

(5)

Accessory buildings and uses customarily incidental to the uses mentioned in subsections (1) through (4) of this section when located on the same lot.

(Code 1986, § 12-266; Code 2009, § 52-218; Ord. No. 217, 3-25-1975)

Sec. 56-247. - Uses permitted after review.

The following uses may be permitted after review by the city planning commission in accordance with provisions contained in this section:

(1)

Any use permitted on review in an R-1A, R-1B or R-2 residential district;

(2)

Convalescent home, rest home, nursing home and hospitals, provided they have frontage on a major street as shown on major street plan; and

(3)

Mobile home courts, in compliance with the following requirements:

a.

The applicant, upon making an application for a zoning clearance permit, must submit a detailed site plan locating all mobile home stands, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein;

b.

The proposed site shall be a minimum of 2½ acres in size and shall contain no more than 12 mobile home stands per acre. The proposed site shall have a minimum frontage of 200 feet on a street designated as a major street or collector street in the major street plan. All access or egress by automobile will be on such streets. The proposed site shall be a minimum of 200 feet in depth;

c.

It shall be the intention of the proposed plan for mobile home parks to accommodate primarily permanent occupants with no more than ten percent of the mobile home stands devoted to purely transient purposes. These purely transient stands are to be located in one area of the park so they will in no way interfere with the permanent residents;

d.

The proposed site shall have a front yard of not less than 20 feet from the corner of line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten feet from any solid fencing, screen planting or wall of six feet in height; and

e.

The proposed site shall be screened or buffered on all sides with a solid wall fence six feet in height or a screen planting which will attain at least six feet in height.

(Code 1986, § 12-267; Code 2009, § 52-219; Ord. No. 217, 3-25-1975)

Sec. 56-248. - Area regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in this district:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
6,000 sq. ft. single-family; 8,000 sq. ft. duplex 50 ft. plus 10 ft. for each dwelling unit up to 150 ft.; 100 ft. non-
residential
50 35 ft. 25 ft.
residential;
35 ft. other
5 ft. interior; 25 ft. exterior 20 ft. or 20% of lot depth

 

(b)

Front yard. All buildings shall be set back from the street right-of-way line to comply with the following front yard requirements:

(1)

The minimum depth of the front yard shall be 25 feet. All other uses, 35 feet;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings. This regulation shall not require a front yard of greater depth than 40 feet; and

(3)

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(c)

Side yard.

(1)

For dwellings located on an interior lot a side yard of not less than five feet shall be provided on both sides of the main dwelling for the first story and an additional three feet of side yard shall be provided for each additional story or part thereof. For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line;

(2)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet if such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot;

(3)

Trailer courts shall be planned in such a manner that no trailer, or related building, shall be located closer than 15 feet to any side lot line; and

(4)

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings and trailers, shall set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(d)

Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building.

(e)

Lot width. There shall be a minimum lot width of 50 feet at the front building line for single-family and two-family dwellings, and ten feet additional width at the front building line for each family, more than two, occupying a dwelling. However, a lot width at the front building line shall not be required to exceed 150 feet. A lot shall abut on a street not less than 35 feet. All uses other than residential shall have a minimum lot width of 100 feet.

(f)

Intensity of use.

(1)

There shall be a lot area of not less than 6,000 square feet for a single-family dwelling, not less than 8,000 square feet for a two-family dwelling, and not less than 8,000 square feet, plus an additional area of not less than 2,000 square feet for each family, more than two, occupying a dwelling;

(2)

There shall be a lot area of not less than 8,000 square feet where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling the lot area shall provide not less than 2,000 square feet more than is required for the two-family or multiple-family dwelling;

(3)

Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this chapter is derived, that lot may be used for any use, except churches, permitted in the R-1A and R-1B single-family dwelling district; and

(4)

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking area required in this chapter.

(g)

Coverage. Main and accessory buildings shall not cover more than 50 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.

(Code 1986, § 12-268; Code 2009, § 52-220; Ord. No. 217, 3-25-1975)

Sec. 56-249. - Height regulations.

No buildings shall exceed 2½ stories or 35 feet in height. There is no limit for multifamily dwellings.

(Code 1986, § 12-269; Code 2009, § 52-221; Ord. No. 217, 3-25-1975)

Sec. 56-277. - General description.

The C-1 Office District is a commercial district for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts. Nameplates and signs relating only to the use of the store and premises or to products sold on the premises shall be permitted.

(Code 1986, § 12-270; Code 2009, § 52-241; Ord. No. 217, 3-25-1975)

Sec. 56-278. - Area regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in this district:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
7,000 sq. ft. 50 ft. N/A 35 ft 25 ft. 1 ft. for each ft. of height; 1 ft. for each 2 ft. of height above 35 ft. only when abutting an R District See subsection (b)(3) of this section

 

(b)

Yard requirements.

(1)

Front yard. All buildings shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth;

(2)

Side yard. On a side of a lot adjoining a dwelling an R district there shall be a side yard of one foot per each one foot of height; and

(3)

Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an unobstructed alley, service court, rear yard, or combination thereof of not less than 20 feet.

(Code 1986, § 12-272; Code 2009, § 52-242; Ord. No. 217, 3-25-1975)

Sec. 56-279. - Height regulations.

There shall be no limit with the exception of one foot of setback per each two feet of height above 35 feet from front, rear and side yards.

(Code 1986, § 12-273; Code 2009, § 52-243; Ord. No. 217, 3-25-1975)

Sec. 56-280. - Bulk limitation; floor area ratio.

In no instance shall the total floor space of the structure in this district exceed the relationship of one-to-one, i.e., there must be provided one square foot of open space to each one square foot of floor space in the structure.

(Code 1986, § 12-274; Code 2009, § 52-244; Ord. No. 217, 3-25-1975)

Sec. 56-309. - General description.

The C-2 Neighborhood Convenience District is a commercial district intended for a unified grouping, in one or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the suburban convenience center be developed as a unit with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening. Accessory buildings and uses customarily incidental to these uses shall be permitted.

(Code 1986, § 12-275; Code 2009, § 52-264; Ord. No. 217, 3-25-1975)

Sec. 56-310. - Area regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in this district:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
7,000 sq. ft. 50 ft. N/A 35 ft. 25 ft. See subsection (b)(2) of this section See subsection (b)(3) of this section

 

(b)

Yard requirements. It is intended that the grouping of buildings and parking areas be designated to protect, insofar as possible, adjacent residential areas. In no case shall the design of the shopping center provide less than the following standards:

(1)

All buildings shall be set back from the street right-of-way line not less than 25 feet;

(2)

On the side of a lot adjoining a residential district there shall be a side yard setback of one foot for each one foot of height, minimum eight feet; and

(3)

Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof of not less than 20 feet.

(Code 1986, § 12-277; Code 2009, § 52-265; Ord. No. 217, 3-25-1975)

Sec. 56-311. - Bulk limitations; floor area ratio.

In no instance shall the total floor space of the structures in this district exceed the relationship of one-to-one; i.e., there must be provided one square foot of open space to each one square foot of floor space in the structure.

(Code 1986, § 12-278; Code 2009, § 52-266; Ord. No. 217, 3-25-1975)

Sec. 56-341. - General description.

The C-3 General Commercial District is a commercial district designed for the conduct of personal and business services and the general retail trade of the community. It is designed to accommodate a wide variety of commercial uses in the central business district or areas of mixed business enterprises. It will not normally be applied in the case of new commercial areas. Buildings, structures and accessory uses customarily incidental to any of the uses listed in the first part of this section are permitted, provided that no manufacturing or products other than such as are customarily incidental to retail establishments shall be permitted.

(Code 1986, § 12-280; Code 2009, § 52-286; Ord. No. 217, 3-25-1975)

Sec. 56-342. - Area regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in this district:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
None None N/A 35 feet None None See subsection (b) of this section

 

(b)

Rear yard requirements. Where a commercial building is to be serviced from the rear there shall be provided an unobstructed alleyway, service court, rear yard, or combination thereof of not less than 20 feet.

(Code 1986, § 12-282; Code 2009, § 52-287; Ord. No. 217, 3-25-1975)

Sec. 56-373. - General description.

The C-4 Restricted Commercial District is a commercial district established for a high-grade commercial district removed from the central business district, along a thoroughfare, provided with adequate open space and parking. Accessory buildings and uses customarily incidental to this use shall be permitted.

(Code 1986, § 12-285; Code 2009, § 52-307; Ord. No. 217, 3-25-1975)

Sec. 56-374. - Permitted uses.

Property and buildings in a C-4 Restricted Commercial District may be used for any use permitted in C-1 or C-2 commercial districts.

(Code 1986, § 12-286; Code 2009, § 52-308; Ord. No. 217, 3-25-1975)

Sec. 56-375. - Area regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in this district:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
7,000 sq. ft. 50 ft. N/A 35 ft. 25 ft. See subsection (b)(2) of this section See subsection (b)(3) of this section

 

(b)

Yard requirements. It is intended that the grouping of buildings and parking areas be designed, insofar as possible, adjacent to residential areas. In no case shall the permitted uses provide less than the following standards:

(1)

All buildings shall be set back from the street right-of-way line not less than 25 feet;

(2)

On the side of a lot adjoining a residential district there shall be a side yard setback of one foot for each one foot of height, minimum eight feet; and

(3)

Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof of not less than 20 feet.

(Code 1986, § 12-287; Code 2009, § 52-309; Ord. No. 217, 3-25-1975)

Sec. 56-376. - Bulk limitations; floor area ratio.

In no instance shall the total floor space of the structure in this district exceed the relationship of one-to-one, i.e., there must be provided one square foot of open space to each one square foot of floor space in the structure.

(Code 1986, § 12-288; Code 2009, § 52-310; Ord. No. 217, 3-25-1975)

Sec. 56-396. - General description.

The C-5 Highway Commercial and Commercial Recreation District is a commercial district established in which the principal use of land is for establishments offering accommodations, supplies, or services to motorists, and for certain specialized uses such as retail outlets, extensive commercial amusements and service establishments which may serve the entire community but are not located in and should not be located in the central business district or the convenience district. Buildings, structures, and accessory uses customarily incidental to any of the these uses shall be permitted, provided that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments. Any store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, or traffic than these uses shall be permitted.

(Code 1986, § 12-290; Code 2009, § 52-330; Ord. No. 217, 3-25-1975)

Sec. 56-397. - Permitted uses.

Property and buildings in a C-5 Highway Commercial and Commercial Recreation District, may be used for:

(1)

Any use permitted in the C-1 through C-4 commercial districts.

(2)

Mobile home parks. Mobile home parks shall be in compliance with the following requirements:

a.

The park shall meet the requirements of chapter 26;

b.

The proposed site shall have a minimum frontage of 200 feet on a street designated as a major street or collector street in the major street plan. All access or egress by automobile will be on such streets;

c.

The proposed site shall have a front yard of not less than 20 feet from the corner or line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten feet from any solid fencing, screen planting or wall of six feet in height; and

d.

The proposed site shall be screened or buffered on all sides with a solid wall fence six feet in height or a screen planting which will attain at least six feet in height.

(Code 1986, § 12-291; Code 2009, § 52-331; Ord. No. 217, 3-25-1975)

Sec. 56-398. - Area regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in this district:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
7,000sq. ft. 50 ft. N/A 35 feet 25 ft. from street right-of-way 1 ft. of setback/1 ft. of height when abutting an R-district See subsection (b) of this section

 

(b)

Rear yard setback. When a commercial building is to be serviced from the rear there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof of not less than 20 feet.

(Code 1986, § 12-292; Code 2009, § 52-332; Ord. No. 217, 3-25-1975)

Sec. 56-399. - Bulk limitations; floor area ratio.

In no instance shall the total floor space of the structure in this district exceed the relationship of one-to-one, i.e., there must be provided one square foot of open space to each one square foot of floor space in the structure.

(Code 1986, § 12-293; Code 2009, § 52-333; Ord. No. 217, 3-25-1975)

Sec. 56-427. - General description.

The purpose of the I-1 Light Industrial District is to provide a location for industries which do not by their nature create nuisances. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit nonindustrial uses. Because of the traffic generated and other objectionable influences created in this district, it is necessary to provide a buffer or setback area between this district and any other zoning district, except I-2. Accessory uses incidental to and on the same zoning lot as a principal use are permitted.

(Code 1986, § 12-295; Code 2009, § 52-353; Ord. No. 217, 3-25-1975)

Sec. 56-428. - Standards.

Any use constructed, established, altered, or enlarged in the I-1 Light Industrial District after the effective date of the ordinance from which this chapter is derived shall be so operated as to comply with the following standards:

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises;

(2)

No retail sales or services shall be permitted, except as incidental to, accessory to or associated with a permitted use;

(3)

No noise from any operation conducted on the premises, other than that emanating from vehicular traffic, either continuous or intermittent, shall be detectable at any boundary line of the I-1 district;

(4)

No toxic matter, noxious matter, smoke, gas, or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the zoning lot on which the use is located;

(5)

No vibrations shall be detectable beyond the lot lines of the zoning lot on which the use is located;

(6)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residence district;

(7)

The manufacture of flammable materials which produce explosive vapors or gases is prohibited;

(8)

Any operation that produces intense glare or heat shall be performed within a completely enclosed building, and exposed sources of light shall be screened so as not to be detectable beyond the lot lines; and

(9)

No storage, manufacture, or assembly of goods shall be conducted outside of a building unless the nearest point of the activity is more than 200 feet from the boundary of any nonindustrial use district, and unless such storage shall be so screened by ornamental fencing or evergreen planting so that it cannot be seen by a person standing on ground level in the adjacent district; provided, however, that screening shall not be required in excess of seven feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times.

(Code 1986, § 12-296; Code 2009, § 52-354; Ord. No. 217, 3-25-1975)

Sec. 56-429. - Area regulations.

Minimum area. There are no requirements for minimum lot area. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
60 35 ft. 25 ft., 50 ft. minimum or 1 ft. of setback for each 1 ft. of height when adjacent to residential

 

(Code 1986, § 12-298; Code 2009, § 52-355; Ord. No. 217, 3-25-1975)

Sec. 56-457. - General description.

The purpose of the I-2 Heavy Industrial District is to provide a location for industries, which may by their nature create nuisances. The intent is to preserve this land especially for industry in locations with access to major streets as designated on the major street plan, as well as locations generally accessible to railroad transportation. Because of the nuisances or other objectionable influences that may be created in this district, it is necessary to provide a buffer or setback strip between this district and other zoning districts, except I-1.

(Code 1986, § 12-300; Code 2009, § 52-375; Ord. No. 217, 3-25-1975)

Sec. 56-458. - Standards.

Any use constructed, established, altered, or enlarged in the I-2 Heavy Industrial District after the effective date of the ordinance from which this division is derived shall be so operated as to comply with the following standards. No use already established on the effective date of the ordinance from which this division is derived shall be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-2 Heavy Industrial District.

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises;

(2)

No retail sales or services shall be permitted, except as incidental to or accessory to or associated with a permitted use;

(3)

No storage, manufacture, or assembly of goods shall be conducted outside of a building unless the nearest point of the activity is more than 200 feet from the boundary of any nonindustrial use district, and unless such storage shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level in the adjacent district; provided, however, that screening shall not be required in excess of seven feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times;

(4)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residence district;

(5)

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, and testing of goods, water, and merchandise, shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious matter, odorous, glare, or heat, fire or explosive hazards; and

(6)

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

(Code 1986, § 12-301; Code 2009, § 52-376; Ord. No. 217, 3-25-1975)

Sec. 56-459. - Permitted uses.

All buildings or uses hereafter established or enlarged shall comply with the following conditions or restrictions: any use permitted in the I-1 Light Industrial District.

(Code 1986, § 12-302; Code 2009, § 52-377; Ord. No. 217, 3-25-1975)

Sec. 56-460. - Area regulations.

(a)

Minimum area. There are no requirements for minimum lot area in the I-2 Heavy Industrial District.

(b)

Yard requirements.

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
60 35 ft. 25 ft., 50 ft. minimum or 1 ft. of setback for each 1 ft. of height when adjacent to residential

 

(Code 1986, § 12-303; Code 2009, § 52-378; Ord. No. 217, 3-25-1975)

Sec. 56-489. - General description.

The F-1 Floodplain District is intended to comprise those areas which are subject to periodic or occasional inundation and, therefore, are unsuited for all residential uses and the usual commercial and industrial uses.

(Code 1986, § 12-305; Code 2009, § 52-398; Ord. No. 217, 3-25-1975)

Sec. 56-490. - Permitted uses.

Property and buildings in the F-1 Floodplain Zone shall be used only for the following purposes:

(1)

The growing of agricultural crops, nursery stock and gardening; and

(2)

Public recreation.

(Code 1986, § 12-306; Code 2009, § 52-399; Ord. No. 217, 3-25-1975)

Sec. 56-491. - Minimum lot size.

There shall be no requirements for minimum lot area in the F-1 Floodplain District.

(Code 1986, § 12-307; Code 2009, § 52-400; Ord. No. 217, 3-25-1975)

Sec. 56-492. - Yard requirements.

The following minimum requirements for yards shall apply to any use that is constructed or commenced on a parcel of land in the floodplain district:

Minimum Lot AreaMaximum Percentage
Coverage
Front YardSide Yard, Both OneRear Yard
None 50 25 ft. 10 ft., 5 ft. 20% lot depth

 

(Code 1986, § 12-308; Code 2009, § 52-401; Ord. No. 217, 3-25-1975)

Sec. 56-493. - Height limitations.

No structure in the floodplain district shall be constructed with a height in excess of 35 feet from the mean lot elevation.

(Code 1986, § 12-309; Code 2009, § 52-402; Ord. No. 217, 3-25-1975)

Sec. 56-494. - Flood Disaster Protection Act of 1973.

All structures which are constructed or commenced on a parcel of land in the floodplain district shall be in compliance with the provisions of the National Insurance Program as set forth under the Flood Disaster Protection Act of 1973.

(Code 1986, § 12-310; Code 2009, § 52-403; Ord. No. 217, 3-25-1975)

Sec. 56-512. - General description.

The A-1 Agricultural District is established for the following purposes:

(1)

To provide the continued use of land for predominately agricultural purposes; and

(2)

To preserve undeveloped areas until they can feasibly be developed at urban standards and with adequate public safeguards of health, safety, etc.

(Code 1986, § 12-315; Code 2009, § 52-423; Ord. No. 217, 3-25-1975)

Sec. 56-513. - Area regulations.

The following requirements shall apply to all uses permitted in this district:

Minimum

Lot Area
Minimum Lot FrontageMaximum Percentage CoverageMaximum HeightMinimum Front Yard SetbackMinimum Side Yard SetbackMinimum Rear Yard Setback
5 acres 150 ft. 30, including accessory buildings 35 ft. 50 ft., except 25 ft. for resid. use. 25 ft. 50 ft.

 

(Code 1986, § 12-310; Code 2009, § 52-424; Ord. No. 217, 3-25-1975)

Sec. 56-535. - General description.

The purpose of the H-1 Health Facilities district is to provide a separate location for medical and health facilities and related uses. Accessory buildings and uses customarily incidental to this use shall be permitted.

(Code 1986, § 12-320; Code 2009, § 52-444; Ord. No. 217, 3-25-1975)

Sec. 56-536. - Permitted uses.

Any building used primarily for H-1 Health Facilities uses shall not have more than 40 percent of the floor area devoted to purposes incidental to the primary use. Stores, shops and businesses permitted under this section shall be retail establishments exclusively and shall be conducted entirely within an enclosed building.

(Code 1986, § 12-321; Code 2009, § 52-445; Ord. No. 217, 3-25-1975)

Sec. 56-537. - Area regulations.

(a)

Requirements table. The following requirements shall apply to all uses permitted in this district:

Minimum Lot AreaMinimum Lot FrontageMaximum Percentage CoverageMaximum HeightFront Yard SetbackSide Yard SetbackRear Yard Setback
See note. 1 ft. setback for each 2 ft. of height over 25 ft. 25 ft. 1 ft. setback for each 1 ft. in height

 

Note. No more than 40 percent of floor space devoted to incidental uses.

(b)

Front yard. All buildings shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

(c)

Side yard. On a side of a lot adjoining a dwelling district there shall be a side yard of one foot per each one foot of height.

(d)

Rear yard. Where a health facility building is to be serviced from the rear, there shall be provided an unobstructed alleyway, service court, rear yard, or combination thereof of not less than 20 feet.

(Code 1986, § 12-322; Code 2009, § 52-446; Ord. No. 217, 3-25-1975)

Sec. 56-538. - Height limitations.

There shall be no limit with the exception of one foot of setback per each two feet of height above 25 feet from the front, rear and side yards.

(Code 1986, § 12-323; Code 2009, § 52-447; Ord. No. 217, 3-25-1975)