Durant City Zoning Code
ZONING DISTRICTS
§ 156.020 A-1 GENERAL AGRICULTURAL DISTRICT.
The A-1, Agricultural District, is established for several purposes:
(A) To provide for the continued use of land for predominately agricultural purposes;
(B) To preserve undeveloped areas until they can feasibly be developed at urban standards and with adequate public safeguards of health, safety, and the like; and
(C) To restrict development in areas subject to severe flooding until such time as it can be shown that these areas are no longer subject to flooding.
(Prior Code, § 157.020) (Ord. 1040, passed 4-12-1983)
§ 156.021 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT.
The R-1 Single-Family District is established as a district in which the use of the land is for single-family dwellings, except as noted. It is the purpose and intent of this district to promote the development of and the continued use of the land for single-family dwellings and to prohibit commercial and industrial use or any other use which would substantially interfere with the development or continuation of single-family dwellings in this district. The intent is to further discourage any use in this district which would generate traffic or create congestion on neighborhood streets other than the normal traffic which serves the residents in the area. This district further encourages only 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 was not developed solely for single-family dwellings.
(Prior Code, § 157.021) (Ord. 1040, passed 4-12-1983)
§ 156.022 R-2 TWO-FAMILY RESIDENTIAL DISTRICT.
This residential district is intended to provide for both low and moderate population density. The density and yard space requirements are so arranged as to provide general compatibility with the uses found in the R-1 Single-Family District. Therefore, this classification may reasonably be placed in positions which are adjacent to single-family areas or may be used as a transitional zone. This district shall have the same restrictions concerning nonresidential uses as apply in the R-1 Single-Family District.
(Prior Code, § 157.022) (Ord. 1040, passed 4-12-1983)
§ 156.023 R-3 GENERAL RESIDENTIAL DISTRICT.
This residential district is intended to provide for a complete range of density in population from low to fairly high. It is established as a district in which the principal uses of the land are for multi-family dwellings and similar higher density residential development. The intent is to encourage the development and the continued use of land for multi-family dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of multi-family dwellings in this district. It is further intended to discourage any use which would generate traffic which serves the multi-family dwelling or similar residential uses in this district and discourage any use which, because of its characteristics or size, would create additional requirements and costs for public services which are in excess of such requirements and costs if the district were developed solely for multi-family or other similar residential uses.
(Prior Code, § 157.023) (Ord. 1040, passed 4-12-1983)
§ 156.024 R-4 MANUFACTURED HOUSING DISTRICT.
This residential district is designated to provide for placement of factory-built, single-family residential housing by right in either an approved land-lease development or a platted subdivision.
(Prior Code, § 157.023-A) (Ord. 1411, passed 9-8-2003)
§ 156.025 FRONT YARD REGULATIONS.
(A) Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.
(B) Where a building line has been established by plat approved by the Planning Commission or, in the case of areas annexed into the city, approved by a governmental agency having legal jurisdiction to approve such plats, and such line requires a greater or lesser front yard setback than is prescribed by these regulations for the district in which the building line is located, the required front yard shall comply with the building line so established by such plat.
(C) For existing through lots, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only an accessory building may be built on the line thus established. The main building must observe the front yard requirements for both streets. In the case of existing through lots which are bounded on three sides by streets, all yards between the main building and a street shall be regulated as front yards unless a front, side, and rear building line have been established by plat.
(D) If buildings along the frontage of any street between two intersecting streets in any residential district have observed an average setback which is greater or lesser in dimension than the minimum front yard or setback established for the district in which the street frontage is located, and if no front building line has been established by plat, then the average setback of all buildings fronting upon such street between two intersecting streets shall establish the minimum front yard requirement. All vacant lots shall be assumed to have a minimum front yard specified for the district in computing the average front yard. These provisions shall not be interpreted as requiring a setback or front yard of more than ten feet greater than the front setback observed by any building on a contiguous lot. The provisions shall be superseded on any lot where a minimum building line has been established by plat or ordinance and the front yard or setback provisions of such plat or ordinance shall be observed. In all districts except CBD, the distance as measured from the front lot line to the face of the building shall in no case be less than one-half the height of the building.
(E) In residential districts, the minimum front yards specified in these regulations may be reduced by a maximum of five feet when such yards front on the bulb portion of a cul-de-sac. In no case shall the required front yard be reduced to less than 20 feet under this provision.
(F) Except where staggered setbacks are permitted and used, residential building lines shall be uniform for all contiguous lots along a block face. Uniform residential building lines may be altered on a block face where there is a separation of 15 feet or more between residential lots created by intersecting alleys, creeks, and public or private open space.
(G) Attached front accessory buildings, including garages and carports, shall have a front setback from the street or access way not less than that of the main building or 20 feet, whichever is greater. Detached accessory buildings shall be located behind the main building.
(Prior Code, § 157.023-B) (Ord. 1568, passed 9-11-2007)
§ 156.026 C-0 PROFESSIONAL AND BUSINESS OFFICES DISTRICT.
This commercial district is intended for a unified grouping in one of more buildings for professional or business offices. It is intended that the office center be developed as a unit with adequate off-street parking space for customers and employees and with appropriate landscaping and screening.
(Prior Code, § 157.024) (Ord. 1040, passed 4-12-1983)
§ 156.027 C-1 CONVENIENCE COMMERCIAL DISTRICT.
This commercial district is intended for a unified grouping, in one or more buildings, of retail shops and stores and personal services 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 convenience center be developed as a unit with adequate off-street parking space for customers and employees and with appropriate landscaping and screening.
(Prior Code, § 157.025) (Ord. 1040, passed 4-12-1983)
§ 156.028 C-2 HIGHWAY COMMERCIAL AND COMMERCIAL RECREATION DISTRICT.
This commercial district is established as a district 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 do not and should not locate in the Central Business District or the Convenience District.
(Prior Code, § 157.026) (Ord. 1040, passed 4-12-1983)
§ 156.029 C-3 GENERAL COMMERCIAL DISTRICT.
This commercial district is 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.
(Prior Code, § 157.027) (Ord. 1040, passed 4-12-1983)
§ 156.030 CBD CENTRAL BUSINESS DISTRICT.
The Central Business District, as mentioned in § 156.029 of this subchapter, is hereby established and shall include the following described area only: Lots 5 through 15 in Block 150, all of Blocks 175, 176, 177, Lots 12 through 24 in Block 178, Lots 1 through 5 in Block 195, Lots 1 through 18 in Block 196A, Lots 1 through 11 in Block 197, Lots 1 through 6 in Block 198, all in the city, according to the official government survey thereof.
(Prior Code, § 157.027-A) (Ord. 1411, passed 9-8-2003)
§ 156.031 I-1 LIGHT INDUSTRIAL DISTRICT.
The purpose of the I-1 Industrial District is to provide a location for industries. The intent is to preserve this land especially for industry in locations with access to major streets, as well as locations generally accessible to railroad transportation. Because of possible objectionable influences that may be created in this district, it is necessary to locate I-1 carefully in relation to other districts and provide such features as buffers or setback strips between this district and other zoning districts.
(Prior Code, § 157.028) (Ord. 1040, passed 4-12-1983)
§ 156.032 I-2 MEDIUM INDUSTRIAL DISTRICT.
The purpose of the I-2 Medium 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.
(Prior Code, § 157.029) (Ord. 1040, passed 4-12-1983; Ord. 1334, passed 5-8-2001)
§ 156.033 H-1 HEALTH FACILITIES DISTRICT.
The purpose of the H-1 Health Facilities District is to provide separate locations for medical and health facilities. The term MEDICAL as used in these regulations pertains to the study and practice of medicine or the science and art of the investigation, prevention, cure, and alleviation of disease or physical disorders. This district shall be for the location of facilities providing such services and includes dentistry, chiropractic, optometry, ophthalmology, and other related services.
(Prior Code, § 157.030) (Ord. 1040, passed 4-12-1983; Ord. 1411, passed 9-8-2003)
§ 156.034 USES PERMITTED IN DISTRICTS.
(A) (1) The uses permitted in the various districts are shown in division (C) below. The uses permitted in a more restricted district may be permitted in a less restricted district within the same zoning category; provided, however, that the yard space and other requirements of the more restricted district shall apply. For purposes of applying this rule the following shall apply:
(a) Each district shown in the subsequent list shall be considered to be more restrictive than the one listed to the right and
(b) Zoning categories shall consist of the following:
1. Residential - Districts A-1, R-1, R-2, R-3, and R-4.
2. Commercial - Districts C-0, C-1, C-2, C-3, and CBD.
3. Industrial - Districts I-1 and I-2.
4. Other - District H-1.
(2) Adult-oriented establishments as defined by § 110.100 of this code of ordinances shall not be located within any use district except as indicated on the table in this section.
(B) It is intended that these regulations be interpreted as permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes only upon individual review and approval by the Planning and Zoning Commission and the City Council.
(C) The city is hereby divided into 13 use districts. The most restrictive use district being R-1 and the least restrictive being I-2. The permitted uses of each use district in order of restriction are designated on the following graph as follows.
Permitted Uses | Special Provisions | Residential Districts | Commercial Districts | Industrial Districts | Other | ||||||||||
Special Conditions See § | Parking Spaces Required | A1 | R1 | R2 | R3 | R4 | C0 | C1 | C2 | C3 | CBD | I1 | I2 | H1 | |
Permitted Uses | Special Provisions | Residential Districts | Commercial Districts | Industrial Districts | Other | ||||||||||
Special Conditions See § | Parking Spaces Required | A1 | R1 | R2 | R3 | R4 | C0 | C1 | C2 | C3 | CBD | I1 | I2 | H1 | |
Accessory uses, incidental to those listed | None | 1/200 sq. ft. of occupancy area | X | X | X | X | X | X | X | X | X | X | X | R | |
Adult-oriented establishment | X | ||||||||||||||
Advertising signs or structures | None | X | X | X | X | X | X | R | X | X | X | ||||
Agriculture: farming, dairying, horticulture, animal and poultry, husbandry, excluding the feeding of offal or garbage | None | 1/400 sq. ft. GFA | X | ||||||||||||
Agriculture: gardening, not commercial | None | 1/400 sq. ft. GFA | X | X | X | X | |||||||||
Ambulance service, office or garage | None | 1/500 sq. ft. GFA or 1/employee +1/vehicle operated in use | X | X | X | R | |||||||||
Amusement enterprises | None | 1/200 sq. ft. GFA+ 1/3 occupants at max. occupancy | X | X | X | ||||||||||
Artificial limbs, orthopedic appliances | None | 1/150 sq. ft. GFA | R | ||||||||||||
Artist supplies and hobby shops | 1/100 sq. ft. | X | X | X | X | ||||||||||
Assisted living facility | None | 1/bed + 1/each employee on max. shift | R | X | X | X | R | X | |||||||
Athletic fields | 20/field or 1/4 seats, whichever is greater | X | R | R | R | R | R | R | R | R | R | R | R | ||
Automotive rental and sales, new and used | None | 1/150 sq. ft. GSA+ 1/vehicle offered for sale or rent + 1/each employee on max. shift | X | X | |||||||||||
Automotive service | 1/300 sq. ft. + 1/each employee on max. shift + 1/each vehicle in operation + 1/each vehicle being serviced | X | X | X | |||||||||||
Automotive wrecking and junk yards | 1/300 sq. ft. +1/ employee on max. shift + 1/each vehicle used in operation of use + 1/each vehicle being serviced or processed | X | |||||||||||||
Bakery shop | None | 1/200 sq. ft. GSA + 1/ employee | X | X | X | X | |||||||||
Banks, saving institutions | None | 1/200 sq. ft. + 6 stacking spaces for 1st drive-in window and 4 stacking spaces for each add’l drive-in window | R | X | X | X | X | ||||||||
Banquet, exhibition, meeting and reception halls | 1/4 persons based on design capacity of building, or 5/1,000 sq. ft. GFA, whichever is greater | R | R | X | X | X | X | ||||||||
Barber, beauty shops | 1/200 sq. ft. GSA + 1/ employee | X | X | X | X | R | |||||||||
Bars and taverns (Accessory use for restaurants only ) | X | X | X | ||||||||||||
Bars and taverns (drinking places) | R | R | X | ||||||||||||
Beer and ale wholesalers | 1/ employee on max. shift + 1/150 GSA | X | X | ||||||||||||
Beer, wine, and liquor stores | 5.5 spaces per 1,000 sq. ft. GFA | R | R | R | R | ||||||||||
Blacksmiths | None | 1/1,000 sq. ft. + 1 dock/ 25,000 sq. ft. | X | ||||||||||||
Boarding houses | None | 1/resident owned or operated vehicle | X | X | |||||||||||
Boat sales, rental or service | None | 1/150 sq. ft. GLA + 1/vehicle for sale or rent + 1/ employee +1/vehicle serviced | X | X | |||||||||||
Body painting studio | 6/chair +1/ employee | R | R | R | R | ||||||||||
Body piercing studio | 6/chair +1/ employee | R | R | R | R | ||||||||||
Bookstore | None | 1/150 sq. ft. GSA | X | X | X | X | |||||||||
Bottled water manufacturing | 1/employee on max. shift + 1/150 GSA | X | X | ||||||||||||
Bowling alley | None | 5/lane + 1/employee + otherwise required as per accessory use GFA | X | X | X | ||||||||||
Breweries | 1/employee on max. shift + 1/150 GSA | X | X | ||||||||||||
Building materials | 1/1,000 sq. ft. + 1 berth/ 25,000 sq. ft. | X | X | X | |||||||||||
Bulk fuel sales | 1/1,000 sq. ft. + 1 dock/ 25,000 sq. ft. | X | |||||||||||||
Bus terminal | None | 1/150 sq. ft. | X | X | X | X | |||||||||
Cafeterias | X | X | |||||||||||||
Cafeterias (Accessory use) | X | X | X | X | X | X | X | ||||||||
Canning, preserving factory | 1/3 employee + 1 dock/ 25,000 sq. ft. | X | |||||||||||||
Car wash | None | 1/ employee,4/ washing bay, 2/ drying stall | X | ||||||||||||
Caterers | 1/ employee, + 1/every vehicle customarily used in operation of the use or stored on the premises | X | X | X | X | ||||||||||
Cemetery | 1/ employee | X | |||||||||||||
Child care center | 1/10 attendees +1/ employee | R | X | X | X | X | X | R | R | R | |||||
Child care center (accessory use) | 1/10 attendees + 1/ employee | X | X | X | X | R | X | X | X | X | X | R | R | X | |
Clothing, wearing apparel store | None | 1/200 sq. ft. | X | X | X | X | |||||||||
Cold storage plants | 1/500 sq. ft. | R | X | ||||||||||||
Commercial radio/ television antenna towers & equipment | 1/1,000 sq. ft. + 1 loading berth/ 25,000 sq. ft. | R | X | X | |||||||||||
Compounding, processing and blending chemical products, not including explosives | 1/every 3 employees + 1/loading berth/ 25,000 sq. ft. | X | |||||||||||||
Contractor’s yard | None | 1/ employee + 1/facility vehicle (vehicle operated in use) + 1/1,000 SF GLA + 1 loading berth | X | X | |||||||||||
Convalescent, rest or nursing home | None | 1/6 beds + 1/each employee + 1 reserved for doctor + 1 loading space | R | ||||||||||||
Convenience store | 1/100 sq. ft. GSA | X | X | X | X | ||||||||||
Dairy products store | 1/150 sq. ft. | X | X | X | X | ||||||||||
Dance hall (see also tavern) | None | 1/150 sq. ft. | X | X | |||||||||||
Delicatessen | 1/200 sq. ft. GFA 1/ employee | X | X | X | X | ||||||||||
Dental lab, supply house | None | 1/300 sq. ft. GFA | R | ||||||||||||
Department store | None | 1/150 sq. ft. GSA 1/ employee | X | X | X | ||||||||||
Distilleries | 1/ employee on max. shift + 1/150 GSA | X | X | ||||||||||||
Drug store | 1/150 sq. ft. GSA | X | X | X | X | ||||||||||
Dwelling, duplex (two family)2 | 2/dwelling unit | X | X | R | |||||||||||
Dwelling, multi-family (development of less than three acres in size) | 2.5/ dwelling unit | R | R | ||||||||||||
Dwelling, multi-family (development of more than three acres in size) | 2.5/ dwelling unit | X | R | ||||||||||||
Dwelling, multi-family, townhome | X | ||||||||||||||
Dwelling, rooming, boarding houses, and dormitories | None | .5/guest +.75/ occupant | X | ||||||||||||
Dwelling, single-family | None | 2/dwelling unit | X | X | X | X | X | ||||||||
Family child care home | None | X | X | X | X | R | |||||||||
Feed store | None | 1/150 sq. ft. GFA | X | X | X | ||||||||||
Florist shop | 1/150 sq. ft. GFA | X | X | X | X | ||||||||||
Food service contractors | 1/ employee, + every vehicle customarily used in operation of the use or stored on the premises | X | X | ||||||||||||
Food store | 1/150 sq. ft. GSA | X | X | X | X | ||||||||||
Furniture store | None | 1/500 sq. ft. GSA | X | X | X | X | |||||||||
Furniture repair and upholstery | None | 1/200 sq. ft. GSA | X | X | X | ||||||||||
Funeral parlor/chapel | None | 1/150 sq. ft. GSA 1/4 seats chapel | X | X | |||||||||||
Garden stores, nursery, or greenhouse | None | 1/250 sq. ft. GFA | X | X | |||||||||||
Gift shop | 1/200 sq. ft. | X | X | X | X | ||||||||||
Golf course or country club for recreation, commercial activity accessory, excludes driving range, pitch & putt, and miniature | None | 1/150 sq. ft. GFA | X | R | R | R | |||||||||
Golf course, miniature or practice range | None | 1/150 sq. ft. GFA | X | X | |||||||||||
Hardware store | 1/250 sq. ft. GSA 1/employee | X | X | X | |||||||||||
Health club or gymnasium | None | 1/employee + 1/patron (based on occupancy load) | R | X | X | X | |||||||||
Heating and plumbing sales and service | None | 1/150 sq. ft. GSA | X | X | X | ||||||||||
Home occupations | 1/resident owned or operated vehicle | R | R | R | |||||||||||
Hospital | None | 1/4 beds + 1/Dr. on staff + 1/3 employees + 1 emergency vehicle space | X | ||||||||||||
Hospital, small animals | 1/150 sq. ft. + 4/Dr. + 1/employee GSA | X | X | ||||||||||||
Hotel/motel | 1/room + 1/employee on max shift + as required for accessory uses | X | X | X | |||||||||||
Ice cream production and distribution | 156.048 | .5/employee + 1 dock/25,000 sq. ft. | X | ||||||||||||
Ice plant, frozen food locker | None | 1/150 sq. ft. GSA + 1 loading dock | X | X | |||||||||||
Interior decorating store | None | 1/150 sq. ft. GSA | X | X | X | ||||||||||
Kennel | 1/employee 1/1,000 SF GFA | R | X | X | |||||||||||
Key shop | None | 1/150 sq. ft. | X | X | X | ||||||||||
Laundry and dry cleaning pick-up stations | 1/200 sq. ft. GSA + 1/employee | X | X | X | X | ||||||||||
Laundry, self service | 1/200 sq. ft. GSA | X | X | X | |||||||||||
Library | None | 1/150 sq. ft. usable floor area + 1/employee | R | R | R | ||||||||||
Lodges, service institutions3 | None | 1/200 sq. ft. GFA | R | ||||||||||||
Long-term care facility | None | 1/4 beds + 1/each employee on max. shift | R | X | X | X | R | X | |||||||
Machinery rental, sales and service, new and used | 1/1,000 sq. ft. GFA+ 1 dock/25,000 sq. ft. | X | X | X | X | ||||||||||
Machine shops, tool and dye shops, metal products manufacturing, excluding use of automatic screw machines, drop forges, or riveting machines | .5/employee + 1 dock/25,000 sq. ft. | X | X | ||||||||||||
Mail order house | 1/employee + 1 dock/25,000 sq. ft. | X | X | ||||||||||||
Manufacturing and assembling textile and other products, excluding raw material processing | 1/employee + 1 dock/25,000 sq. ft. | X | X | ||||||||||||
Manufacturing and assembling electrical and electronic products and equipment | 1/employee + 1 dock/25,000 sq. ft. | X | X | ||||||||||||
Manufacturing, fabricating, assembling, repairing, storing, cleaning, servicing or testing, excluding use of automatic screw machines, drop forges or rivet machines | 1/employee + 1 dock/25,000 sq. ft. GFA | R | X | ||||||||||||
Manufactured homes/subdivisions and courts | See ordinance for parking and setbacks | X | |||||||||||||
Manufactured homes on existing lots | See § 156.035 District Regulations | X | X | ||||||||||||
Medical facility, clinic or office | None | 6/doctor + 1/employee | X | X | X | X | X | ||||||||
Mental health services, outpatient | None | 6/doctor or counselor + 1/employee | X | R | X | X | X | X | |||||||
Milk bottling and distributing | 1/400 sq. ft. | X | |||||||||||||
Monument stone cutting | 1/1,000 sq. ft. + 1 dock/25,000 sq. ft. | R | X | ||||||||||||
Motor freight terminal | 1/1,000 sq. ft. + 1 dock/ 25,000 sq. ft. | X | |||||||||||||
Music, radio, television shop and repair | None | 1/150 sq. ft. GSA | X | X | |||||||||||
Night clubs | X | X | |||||||||||||
Novelty shop | None | 1/150 sq. ft. | X | X | X | ||||||||||
Nursing home (see convalescent) | R | ||||||||||||||
Offices, general and administrative | 1/300 sq. ft. GFA | X | X | X | X | X | X | ||||||||
Oil and gas wells or associated facilities | R | R | R | R | R | R | R | R | R | R | R | R | |||
Outdoor restaurant seating | X | X | X | X | |||||||||||
Parking lot | Off-street parking 1/vehicle or as required for uses | R | R | R | R | R | R | R | R | R | R | R | |||
Parks, privately owned | None | 1% total land area | R | R | R | R | R | R | R | R | R | R | R | R | R |
Parks, publicly owned | None | 1% total land area | X | X | X | X | X | X | X | X | X | X | X | X | X |
Pattern shop | 1/1,000 sq. ft. + 1 dock/25,000 sq. ft. | X | |||||||||||||
Pawn shop | None | 1/150 sq. ft. GSA | X | X | X | ||||||||||
Pet store | None | 1/150 sq. ft. GSA | X | X | |||||||||||
Pharmacy | 1/250 sq. ft. GSA | X | X | X | X | ||||||||||
Plant nursery, retail excluded | None | 1/employee | R | R | R | ||||||||||
Police and fire stations | None | None | X | X | X | X | X | X | |||||||
Printing shop | None | 1/150 sq. ft. GSA/employee | X | X | X | ||||||||||
Printing and binding plant | 1/1,000 sq. ft. GFA + 1 berth/24,000 sq. ft. | X | X | ||||||||||||
Processing, meat and vegetable products | 1/1,000 sq. ft. GFA + 1 dock/25,000 sq. ft. | X | |||||||||||||
Public garage | 1/vehicle and 1/employee | X | X | X | |||||||||||
Public health center | None | 6/doctor + 1/employee | X | ||||||||||||
Public buildings or those used in the public interest, including art galleries, post office, libraries, museums, stadiums, auditoriums, arenas, armories, fire stations, police stations, community centers | 1/200 sq. ft. GFA | X | X | X | X | X | X | X | X | X | X | X | X | ||
Public utility and service uses4 | 1/400 sq. ft. | X | R | R | R | ||||||||||
Railroad yards and switching areas, including lodging facilities | 1/3 employee | X | |||||||||||||
Recreation center, community | 1/150 sq. ft. GFA | X | X | X | X | X | X | X | |||||||
Recreation center, private | None | 1/50 sq. ft. GSA | X | X | X | ||||||||||
Recreational vehicle (RV) parks | 1/10 attendees + 1/employee | X | X | X | X | ||||||||||
Rehabilitation care facility | None | 1/bed + 1/each employee on max. shift | R | R | R | R | R | R | |||||||
Research laboratories | 1/employee + 1 dock/25,000 sq. ft. | X | X | X | X | X | |||||||||
Restaurant, entertainment | X | X | |||||||||||||
Restaurant, fast food | X | X | X | ||||||||||||
Restaurant, fast food with drive through window | X | X | |||||||||||||
Restaurant, full service | X | X | X | X | |||||||||||
Restaurant, micro-brewery/ winery | R | R | |||||||||||||
Restaurant, take out | X | X | X | X | |||||||||||
Roller skating rink | None | 1/100 sq. ft. GSA | X | X | |||||||||||
Sanatorium | None | 1/6 beds + 1/staff + 1/doctor +1/employees + 1/loading space | R | ||||||||||||
Schools, public and private | None | 1/employee + 1/classroom 1/50 sq. ft, assembly area | |||||||||||||
Elementary | None | 1/employee + 1/classroom 1/50 sq. ft, assembly area | X | X | X | X | |||||||||
Midhigh, junior high | None | 1/employee + 1/classroom 1/50 sq. ft, assembly area | 5 | 5 | 5 | ||||||||||
Senior high | None | 1/employee + 1/classroom 1/50 sq. ft, assembly area | X | 5 | 5 | 5 | |||||||||
Colleges or universities | None | 1/employee + 1/classroom 1/50 sq. ft, assembly area | X | X | |||||||||||
Self-service storage facility | None | 1/vehicle stored + 1/employee + 1/10 units | R | R | X | X | |||||||||
Shoe repair | 1/150 sq. ft. GSA | X | X | X | X | ||||||||||
Sign painting | 1/150 sq. ft. GSA | X | X | R | R | ||||||||||
Snack and nonalcoholic beverages bars | X | X | X | X | |||||||||||
Snack and nonalcoholic beverages bars (accessory use) | X | X | X | X | X | X | X | X | |||||||
Soft drink manufacturing | 1/employee on max. shift + 1/150 GSA | X | X | ||||||||||||
Soldering and welding | 1/employee + 1 dock/25,000 sq. ft. GFA | X | |||||||||||||
Sororities/ fraternities | None | .75/occupant | X | ||||||||||||
Spray painting and mixing | 1/1,000 sq. ft. GFA+ 1 dock/ 25,000 sq. ft. | X | |||||||||||||
Sporting goods store | None | 1/150 sq. ft. GSA 1/employee | X | X | X | ||||||||||
Stock broker | None | 1/150 sq. ft. GFA | X | X | X | X | |||||||||
Substance abuse centers, outpatient | None | 6/doctor or counselor +1/employee | R | R | R | R | R | X | |||||||
Tailor shop | 1/200 sq. ft. GFA | X | X | X | |||||||||||
Tattoo studios | 6/chair + 1/employee | R | R | R | R | ||||||||||
Temporary building, construction phase only | None | None | X | R | R | R | |||||||||
Temporary bulletin board, sign | None | R | R | R | |||||||||||
Theater | 1/4 seats | X | X | X | |||||||||||
Toy store | None | 1/150 sq. ft. GSA 1/employee | X | X | X | X | |||||||||
Travel trailer park and sales | 1/150 sq. ft. GSA + 1/trailer (sized to trailer) + 1/employee | X | |||||||||||||
Utility service installation | 1/400 sq. ft. GFA | X | X | X | X | X | |||||||||
Variety store | 1/150 sq. ft. GSA 1/employee | X | X | X | X | ||||||||||
Warehouse and storage | 1/4,000 sq. ft. + 1berth/25,000 sq. ft. | X | X | ||||||||||||
Water filtration plant | 1/3 employee + 1 berth/25,000 sq. ft. | X | X | ||||||||||||
Wholesale distributing center | None | 1/150 sq. ft. GSA + 1/employee/ loading berth | X | X | R | R | |||||||||
Wine and distilled alcoholic beverage wholesalers | 1/employee on max. shift + 1/150 GSA | X | X | ||||||||||||
Wineries | 1/employee on max. shift + 1/150 GSA | R | X | X | |||||||||||
Worship facilities | 1/4 seats | R | R | R | R | R | R | R | R | R | R | R | R | R | |
X = Uses permitted R = Uses permitted only upon review and approval of the Durant Planning and Zoning Commission GSA = Gross Sales Area GFA = Gross Floor Area GLA = Gross Lot Area None of the listed uses shall be permitted in the FD zone as shown on the Zoning Map except as provided in § 156.059. | |||||||||||||||
Notes: 1 Minimum lot size 10,000 sq. ft.
2 No garage apartments on same lot as two-family dwellings. Allowed in upper stories of buildings whose primary usage is commercial located in the Central Business District.
3 Minimum lot size 1 acre, frontage on major street.
4 Provided major street frontage available.
5 Provided major street frontage available.
6 Minimum lot size 1 acre.
(Prior Code, § 157.031) (Ord. 1266, passed 7-14-1998; Ord. 1315, passed 7-11-2000; Ord. 1316, passed 7-11-2000; Ord. 1364, passed 3-12-2002; Ord. 1379, passed 7-9-2002; Ord. 1382, passed 8-13-2002; Ord. 1387, passed 11-12-2002; Ord. 1397, passed 3-11-2003; Ord. 1411, passed 9-8-2003; Ord. 1414, passed 10-14-2003; Ord. 1436, passed 5-11-2004; Ord. 1508, passed 7-11-2006; Ord. 1509, passed 7-11-2006; Ord. 1522, passed 10-10-2006; Ord. 1543, passed 3-13-2007; Ord. 1545, passed 3-13-2007; Ord. 1562, passed 8-14-2007; Ord. 1574, passed 11-13-2007; Ord. 1583, passed 1-8-2008; Ord. 1585, passed 1-8-2008; Ord. 1606, passed 9-9-2008; Ord. 1618, passed 5-18-2009; Ord. 1639, passed 5-11-2010; Ord. 1755, passed 5-12-2015; Ord. O-2021-04, passed 2-9-2021; Ord. O-2023-03, passed 3-14-2023; Ord. O-2023-06, passed 4-11-2023; Ord. O-2023-12, passed 7-11-2023)
§ 156.035 DISTRICT REGULATIONS.
No lot or yard shall be established in any district that does not meet the minimum requirements set forth in the following table. No building or structure shall be erected or enlarged to exceed these regulations, except as elsewhere provided in these regulations.
Zoning Districts | Lot Area Minimum | Lot Width at Front Building Line (A) | Building Coverage (%) | Impervious Coverage (%) | Front (B) | Yards Min. Setback Side Interior | Exterior | Rear | Height Maximum | |
Adj. Res. District | Adj. Non-Res. District | |||||||||
Zoning Districts | Lot Area Minimum | Lot Width at Front Building Line (A) | Building Coverage (%) | Impervious Coverage (%) | Front (B) | Yards Min. Setback Side Interior | Exterior | Rear | Height Maximum | |
Adj. Res. District | Adj. Non-Res. District | |||||||||
A-1 Agriculture | 5 acres | 150' | 30% including accessory building | 50' | 25' | 25' | 25' | 50' | 35' | |
R-1 Single-Family Residential | 8,400 sq. ft. | 70' | 30% | None | 30' including double frontage | 5'C | 5'C |
15' | 20' | 35' |
R-2 Two-Family Residential | 6,000 sq. ft. (single-family dwellings) | 60' | 35% | None | 25' including double frontage | 5'C | 5'C |
15' | 20' | 35' |
8,000 sq. ft. + (duplex and two-family dwellings) | 80' | 35% | None | 25' including double frontage | 5'C | 5'C |
15' | 20' | 35' | |
R-3 General Residential (F) | 6,000 sq. ft. (single-family dwellings) | 50' | 40% | None | 25' including double frontage | 5'C | 5'C |
15' | 20' | 35' |
8,000 sq. ft. + (duplex and two-family dwellings) | 70' | 40% | None | 25' including double frontage | 5'C | 5'C |
15' | 20' | 35' | |
8,000 sq. ft. + 1,200 sq. ft./unit over 2 (all other develo p- ments) | 80' | 50% | 75% | 25' includ ing double fronta ge | 15'C or 1'/1' ht. | 15'C or 1'/1' ht. | 15' | 20' | 35' | |
R-4 Manufactured Homes | See regulations | |||||||||
C-O Professional and Business Office | 10,000 sq. ft. | 70' | 50% | None | 53' | 10' | 10' | 35'D | 10' | 35' |
C-1 Convenience Commercial | 12,000 sq. ft. | 100' | 40% | 50' | 10' | 1'/1' ht. | 15' | 20' | 35' | |
C-2 Highway Commercial and Commercial Recreation | 10,000 sq. ft. | 100' | 40% | 25' | 1'/1' ht. | 10' | 15' | 20' | 45' | |
C-3 General Commercial | 8,000 sq. ft. | 80' | 40% | 25' | 1'/1' ht. | 10' | 15' | 20' | 35' | |
Central Business (CBD) | None | None | None | None | 1'/1' ht. | None | Non e | No ne | None | |
I-1 Light Industrial | None | None | 40% | 90% | 35' | 1'/1' ht. | 10' | 15' | 20' | None |
I-2 Medium Industrial | None | None | 40% | 90% | 30' | 1'/1' ht. | 10' | 15' | 20' | None |
H-1 Health Facilities | None | None | 50% | 25' | 1'/1' ht. E | 10 | 15'E | 20'E | 25'E | |
Notes:
A For any wedge-shaped lot the required frontage shall be measured at the building line.
B Front yard setbacks measured from street right-of-way.
C For buildings of more than one story, the minimum width of the side yard on all lots shall be not less than 10 feet. 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.
D If 25% or more of the lots on one side of the street between two intersection streets are improved with buildings all of which have observed an average setback line less than 35 feet, and no building varies more than 5 feet from this average setback, then a building may be erected on the average setback line so established by the existing buildings.
E A building or structure may exceed the maximum height regulations by adding one foot onto the required front, side, and rear yards for each two feet of additional height.
F Townhomes, as described in the International Residential Code currently adopted by the city, shall be classified R-3 and require no side setback limitations when abutting other townhome R-3 property. When adjacent to other property, there shall be a five-foot side setback. For interior lots minimum width shall be 28 feet. End lots must also meet setback requirements of an extra five feet or 15 feet depending on the configuration and adjacent roadways. Minimum total lot area shall be 3,200 square feet.
(Prior Code, § 157.032) (Ord. 1040, passed 4-12-1983; Ord. 1078, passed 10-8-1985; Ord. 1335, passed 5-8-2001; Ord. 1411, passed 9-8-2003; Ord. 1574, passed 11-13-2007; Ord. 1615, passed 5-12-2009; Ord. 1755, passed 5-12-2015; Ord. O-2021-35, passed 12-14-2021; Ord. O-2023-11, passed 7-11-2023)
§ 156.036 CE CASINO ENTERTAINMENT OVERLAY DISTRICT.
(A) General description. The CE Overlay District is designed to protect the area around the Choctaw Casino and Resort; create a district dedicated to entertainment, recreation, and tourism; recognize the development and operational characteristics unique to a unified entertainment district; and promote higher-quality development standards.
(B) District and designation boundaries.
(1) The initial boundaries of the CE Overlay District shall be as follows: the area bounded by the right-of-way of U.S. Highway 69/75; the right-of-way of Choctaw Road; and the right-of-way of Business U.S. Highway 69/South 9th Avenue.
(2) Amendments of the CE Overlay District shall be established in the same manner as amendments to any other zoning district or supplemental designation.
(3) The boundaries of the CE Overlay District may be amended so as to maintain uniformity with the purpose of these regulations.
(C) General regulations. The following general regulations apply to the use of land located within the CE Overlay District:
(1) Metal buildings. All metal buildings will provide a façade treatment, as provided for in the § 156.065 of this chapter, that will cover 100% of the building’s entire exterior walls.
(2) Landscaping. Landscaping, as required in § 156.066 of this chapter, shall be provided for at least 10% of the total gross area of the lot. Sod alone shall not be considered to meet the minimum landscaping requirements.
(D) Uses permitted. Property and buildings in the CE Overlay District shall be used only for the following purposes:
(1) Agriculture;
(2) Art gallery;
(3) Bank, savings, and loan, or credit union;
(4) Banquet hall;
(5) Bars and taverns (accessory use for restaurants and hotel/motels only);
(6) Cafeterias;
(7) Cafeterias (accessory use);
(8) Child care center (accessory use);
(9) Civic center;
(10) Commercial amusement (indoor);
(11) Community center;
(12) Exhibition hall;
(13) Fire station;
(14) Fitness/health center;
(15) Health/fitness center;
(16) Hotel/motel;
(17) Library;
(18) Meeting hall;
(19) Motel/hotel;
(20) Outdoor restaurant seating;
(21) Park/playground;
(22) Playground/park;
(23) Post office;
(24) Public safety/law enforcement building;
(25) Reception hall;
(26) Recreation center – private;
(27) Recreation center – public;
(28) Residence hotel;
(29) Restaurant, entertainment;
(30) Restaurant, full service;
(31) Restaurant, micro-brewery/winery;
(32) Retail/service (incidental);
(33) Snack and nonalcoholic beverage bars;
(34) Snack and nonalcoholic beverage bars; (accessory use);
(35) Service/retail (incidental);
(36) Theater – drive-in;
(37) Theater – neighborhood;
(38) Theater – regional;
(39) Transit center; or
(40) Accessory buildings which are not a part of the main building, including property offices, security booths, and accessory buildings which are a part of the main building.
(E) Uses requiring conditional use permits. The following may be permitted on review in accordance with the provisions pertaining to conditional use permits:
(1) Arena/auditorium/stadium;
(2) Auditorium/arena/stadium;
(3) Bars and taverns – (drinking places);
(4) Child care center;
(5) Commercial amusement (outdoor);
(6) Convenience store;
(7) Dance club;
(8) Exhibition/fairgrounds area;
(9) Night club;
(10) Parking lot - commercial;
(11) Personal service shop;
(12) Private recreation facility;
(13) Restaurant, fast food;
(14) Restaurant, fast food with drive through window;
(15) Restaurant, take out;
(16) Shopping center (the uses allowed in the shopping center shall be determined and regulated through the conditional use permit process);
(17) Stadium/auditorium/arena; or
(18) Worship facility.
(F) Base district regulations. The regulations of the base zoning district not in conflict with the regulations for the CE Overlay District shall apply.
(G) Special district provisions.
(1) Parking. The Community Development Director may reduce the general parking requirements for uses in the CE Overlay District up to 50% based upon a reasonable expectation that the patrons of such use will also be patrons of the Choctaw Casino and Resort and will be utilizing their parking facilities.
(2) Exceptions to area regulations. The Planning Commission may waive the front, side, and rear setback regulations of the base zoning district upon the following findings:
(a) The exception is necessary for the orderly development of the site;
(b) The exception will not have a negative impact on surrounding properties;
(c) The exception will not have a negative impact on the transportation system; and
(d) All applicable fire and life safety regulations are met as determined by the Fire Marshal and Building Official.
(Prior Code, § 157.033) (Ord. 1600, passed 8-12-2008)
§ 156.037 HIGHWAY OVERLAY DISTRICT.
A Highway Overlay District shall be established. The district shall be defined as:
(A) Seven hundred and fifty linear feet from the center line of U.S. Highway 69/75;
(B) Seven hundred and fifty linear feet of center line of U.S. Highway 70 west of the intersection of U.S. Highway 70 and U.S. Highway 69/75;
(C) Seven hundred and fifty linear feet of the center line of U.S. Highway 70 east of Sawmill Road; and
(D) One thousand two hundred feet north of the center line of U.S. Highway 70 between U.S. Highway 69/75 and 250 linear feet west of the center line of University Place.
(Prior Code, § 157.034) (Ord. 1870, passed 12-11-2018)