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Diamond City Zoning Code

ARTICLE III

Zoning Districts-Use and Regulations

Section 405.090 Residential District "R-1," "R-2" and "R-3."

[Ord. No. 227 §1(94.130), 10-4-1999; Ord. No. 273, 10-9-2006; Ord. No. 496, 4-10-2023]
A. 
Uses Permitted. In the "R" District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:
1. 
For "R-1," a site-built dwelling for a single-family; for "R-1M," all uses permitted for "R-1," and for single-family modular and Class A manufactured homes; for "R-2," all uses permitted in "R-1" and "R-1M," and two-family units (duplexes) and Class B manufactured homes; for "R-3," multi-family dwellings, apartments, rooming or boarding house, Class C manufactured homes, and mobile home parks.
2. 
Public schools and institutions of higher learning, public libraries;
3. 
Public parks and public playgrounds;
4. 
Municipal buildings and philanthropic or eleemosynary institutions subject to review and permit by the Planning and Zoning Commission to ensure conformity to the intent of this Section;
5. 
Customary home occupations, provided that there shall be no external evidence of such occupations except a small announcement of profession not over two (2) square feet in area attached to the main or accessory building;
6. 
Churches or similar places of worship, with accessory structures;
7. 
Temporary buildings for uses incidental to construction work or hardship situations, which buildings shall be immediately adjacent to said construction work or permanent dwelling and which buildings shall be removed upon completion or abandonment of the construction work or hardship case or a twelve (12) month period, whichever occurs first, and upon issuance of a special use permit;
8. 
Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business; and
9. 
Group Homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
B. 
Required Lot Area For "R-1" And "R-1M" Designation.
1. 
Dwelling served by sanitary sewer systems, refer to Table 1, below, for requirements.
2. 
Dwelling not served by sanitary sewer system, are not allowed in the City limits of Diamond.
C. 
Required Lot Area For "R-2" And "R-3" Designation.
1. 
Single-family dwelling served by a sanitary sewer system, refer to Table 1, below, for requirements.
2. 
Dwelling not served by sanitary sewer system, are not allowed in the City limits of Diamond.
D. 
Yard Required For "R" District. Each lot shall have front, side and rear yards, not less than the depth and width following:
Table 1
Zoning District
Building Type
Development Standard
Lot Standards
Minimum Setbacks
"R-1"
"R-2"
Size
Width
Building Coverage
Front (1)
Interior Side
Corner Side
Rear
Building Height
▪
▪
Detached House - Standard
7.5k s.f.+
60+
40%
20'
6'
6' local, 10' collector, 15' arterial
25'
35'/2.5 stories
▪
▪
Detached House - Neighbourhood
6k s.f.+
50+
50%
20'
6'
10'
25'
35'/2.5 stories
▪
▪
Detached House - Compact
3.5k s.f.+
35+
60%
20'
6'
8'
20'
35'/2.5 stories
□
▪
Duplex / Multi-unit House
6k-12k s.f. 3k s.f. per unit, 2-4 units
50+
45%
25'
6'
10'
25'
35' / 2.5 stories
Table 1
Zoning District
Building Type
Development Standard
Lot Standards
Minimum Setbacks
"R-1"
"R-2"
Size
Width
Building Coverage
Front (1)
Interior Side
Corner Side
Rear
Building Height
▪
▪
Detached House - Standard
7.5k s.f.+
60+
40%
20'
6'
6' local, 10' collector, 15' arterial
25'
35'/2.5 stories
▪
▪
Detached House - Neighbourhood
6k s.f.+
50+
50%
20'
6'
10'
25'
35'/2.5 stories
▪
▪
Detached House - Compact
3.5k s.f.+
35+
60%
20'
6'
8'
20'
35'/2.5 stories
□
▪
Duplex / Multi-unit House
6k-12k s.f. 3k s.f. per unit, 2-4 units
50+
45%
25'
6'
10'
25'
35' / 2.5 stories
1. 
Front yard depth, refer to Table 1, above, for requirements.
2. 
Each side yard width, refer to Table 1, above, for requirements.
3. 
Rear yard depth, refer to Table 1, above, for requirements.
E. 
Height Limitations.
1. 
No building shall be erected or enlarged in "R-1," "R-1M," or "R-2" Districts to exceed two and one-half (2 1/2) stories, excluding the basement, or thirty-five (35) feet.
2. 
No building shall be erected or enlarged in "R-3" Districts to exceed three (3) stories or forty (40) feet.
F. 
Variance. In the event that a required application for a building permit has been denied by the Building Official, variances to the requirement of this Section may be granted by the Board of Adjustment to ensure conformity with the intent of this Section.

Section 405.100 "A" Agricultural District.

[Ord. No. 227 §1(94.140), 10-4-1999; Ord. No. 274, 10-9-2006]
A. 
General Description. This district is intended to provide a zoning area within the jurisdictional limits of the City that is used for agricultural purposes. The property may or may not be undergoing urbanization in the foreseeable future. It is not intended that this district provide a location for a lower standard of residential, commercial or industrial development than is a authorized in other districts.
B. 
Uses Permitted. In District "A", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses listed below:
1. 
Any use permitted in District "R-1" or "R-1M";
2. 
Private clubs, provided the site for such club shall be at least two (2) acres in size, and no building or structure shall be located less than fifty (50) feet from a property line;
3. 
Fish hatcheries, apiaries, aviaries;
4. 
Fishing lakes and picnic groves, provided no concession or retail sales shall be permitted;
5. 
Forests and wildlife reservations or similar conversion projects;
6. 
Hospitals, sanitariums, and homes for the aged;
7. 
Fur farming for the raising of fur-bearing animals;
8. 
Mushroom barns and caves;
9. 
Nurseries, greenhouses, and truck gardens;
10. 
Philanthropic or eleemosynary institutions;
11. 
The growing of crops in the open and the raising of permissible stock and poultry as are incidental to the acreage farmed; and
12. 
Accessory use, including repair shops, sheds, garages, barns, silos, irrigation wells and pumps, bunkhouses and other incidental dwellings, buildings and structures customarily required for farming purposes.
C. 
Uses Permitted On Review In District "A".
1. 
Churches or similar places of worship, with accessory structures;
2. 
Public schools and institutions of higher learning;
3. 
Public parks, public playgrounds, and recreational areas;
4. 
Signs or displays, not exceeding two (2) in number advertising the residential, commercial or industrial development of the land on which the sign or display is situated; and
5. 
Athletic fields.

Section 405.110 "C-1" Neighborhood Commercial District.

[Ord. No. 227 §1(94.150), 10-4-1999]
A. 
General Descriptions. The Commercial District is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of 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 air, light, open space and off-street parking are made than are provided in other Commercial Districts.
B. 
Uses Permitted. In this Commercial District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses detailed as follows:
1. 
Food retail stores;
2. 
Drug stores;
3. 
Personal service uses, including shoe repair, beauty parlor, barber shop, professional offices and clinics;
4. 
Laundromat and dry cleaning outlet;
5. 
Restaurants, lunch rooms and boarding houses;
6. 
Communication towers;
7. 
Accessory retail or service uses that are necessary for convenience of residential districts subject to the review by the Zoning and Planning Commission to ensure conformity to the intent of this Chapter.
C. 
Building Height. No building shall exceed thirty-five (35) feet or two and one-half (2½) stories in height.
D. 
Required Lot Area. Served by a sanitary sewer system, seven thousand five hundred (7,500) square feet. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the lot.
E. 
Overlay District Requirements. Overlay District requirements may apply to specific sites as specified by the Zoning and Planning Commission.

Section 405.120 "C-2" General Commercial District.

[Ord. No. 227 §1(94.155), 10-4-1999]
A. 
General Description. This Commercial District is intended for the conduct of personal business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.
B. 
Uses Permitted. In this Commercial District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses detailed as follows:
1. 
All uses permitted in "C-1" Neighborhood Commercial District;
2. 
Hardware and household appliances sales and repair stores;
3. 
Clothing and accessory goods stores;
4. 
Furniture and home furnishings stores;
5. 
Gift and book stores;
6. 
Jewelry and watch repair stores;
7. 
Sporting goods and photo supply stores;
8. 
Variety stores;
9. 
Financial institutions;
10. 
Public recreation and assembly halls, including clubs, lodges, bowling alleys, theaters, billiard or pool parlors;
11. 
Hotels, motels, and tourist homes;
12. 
Automobile service stations;
13. 
Newspaper plants and printing shops;
14. 
Accessory wholesale and service uses necessary to convenience of general public subject to conditions deemed appropriate by Board of Adjustment to ensure conformity to the intent of this Chapter; and
15. 
Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.
C. 
No building shall be erected or enlarged to exceed, excluding basement, thirty-five (35) feet. There are no specific lot sizes, front or side yard requirements.
D. 
Overlay District requirements may apply to specific sites as determined by the Zoning and Planning Commission.

Section 405.130 "I" Industrial District.

[Ord. No. 227 §1(94.160), 10-4-1999]
A. 
General Description. The Industrial District is intended primarily for the conduct of manufacturing, assembling and fabrication and for warehousing, wholesale and service uses. Communication towers are allowed. These uses do not depend primarily on frequent personal visits of customers or clients but may require accessibility to transportation routes. Overlay District requirements may apply to specific sites as specified by the Zoning and Planning Commission.
B. 
Uses Prohibited. Those uses are prohibited which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, glare, noise or disposal of waste materials.
C. 
Uses Permitted Upon Review. All uses within this district shall be upon written application filed with the Planning and Zoning Commission for approval of a contemplated use within said district, said application shall be accompanied by the following information:
1. 
A plat plan indicating the location of present and proposed buildings, driveways, parking lots and other necessary uses;
2. 
Preliminary architectural plans for the proposed building or buildings;
3. 
An estimate of the maximum number of employees for the proposed development and the number of shifts during which they would work; and
4. 
Any other information the Planning and Zoning Commission may need to adequately consider the effect that the proposed uses may have upon their environment and on the cost of providing municipal services to the area.