Elk Horn City Zoning Code

This zone is designed to provide a general business zone which will take into account the special characteristics of the central business district of the City.

Effective on: 1/1/1901

Following are the principal permitted uses:

1. 12.2.1
   RESERVED
2. 12.2.2
   Bakery or pastry shops employing not more than five (5) persons on the premises, exclusive of drivers.
3. 12.2.3
   Bicycle sales and repair shops, but not including sales and repair of motor driven vehicles.
4. 12.2.4
   Billboards and general advertising signs.
5. 12.2.5
   Bowling alleys, trampoline or rebound equipment centers, miniature golf courses, pool halls, dance halls, kiddy parks and skating rinks.
6. 12.2.6
   Buildings other than heavy storage and maintenance shops for municipal or governmental purposes.
7. 12.2.7
   Business and commercial schools.
8. 12.2.8
   Clinics for people only.
9. 12.2.9
   Dancing schools including group instruction.
10. 12.2.10
    Feed and seed stores.
11. 12.2.11
    Frozen food lockers for individual or family trade, but no slaughtering, killing, eviscerating, skinning, plucking or smoking on the premises.
12. 12.2.12
    Antique shops and stores selling new or used furniture.
13. 12.2.13
    Liquor stores.
14. 12.2.14
    Garages for the storage of automobiles, but not including major repair, body and fender work or painting.
15. 12.2.15
    Gasoline service stations which do not conduct major automotive repairs, body or fender work or automobile painting, and at which all used and waste materials are kept within a solid enclosure so that the contents are not visible from a street, highway, interstate highway or other properties.
16. 12.2.16
    Greenhouses, commercial; nursery stock sales yards.
17. 12.2.17
    Loan offices.
18. 12.2.18
    Extremely light, professional type manufacturing and repair of such items as eye glasses, custom jewelry, prosthetic devices and other similar services and manufacture.
19. 12.2.19
    Mortuaries, funeral homes and funeral chapels.
20. 12.2.20
    Motels, hotels.
21. 12.2.21
    General office buildings.
22. 12.2.22
    Commercial parking lots.
23. 12.2.23
    Other light retail and service establishments which may be determined by the board to be similar to the above listed principal permitted uses and which are in harmony with the purpose of the zone.
24. 12.2.24
    Pawn shops.
25. 12.2.25
    Pet shops.
26. 12.2.26
    Printing job, when mechanical operation is not visible from a street and employing not over four (4) persons.
27. 12.2.27
    Radio and television stations, except transmission towers over thirty-five feet (35’) high.
28. 12.2.28
    Stationery and office machine sales and service.
29. 12.2.29
    Tavern, cocktail lounge, club operated as a tavern or cocktail lounge.
30. 12.2.30
    Theater other than drive-in.
31. 12.2.31
    Upholstery shops.
32. 12.2.32
    Automatic vending structures when located on that portion of a lot on which a principal building is permitted.
33. 12.2.33
    Other retail and service establishments which may be determined by the Board to be similar to the above listed principal permitted uses and which are in harmony with the purposes of this zone, but not including any use not enumerated as permitted in this zone but which is specifically provided for in another zone.
34. 12.2.34
    RESERVED

(Amended in 2021 by Ord. # 2021-5-X; Amended in 2022 by Ord. # 2022-9-7.1) 

Effective on: 9/7/2022

Following are the permitted accessory uses:

1. 12.3.1
   RESERVED
2. 12.3.2
   Signs, including illuminated signs.
3. 12.3.3
   Other accessories uses normally appurtenant to uses permitted in this zone.

(Amended in 2021 by Ord. # 2021-5-X) 

Effective on: 5/3/2021

Any use permitted in the R-3 Zone, provided that no such conditional use permit shall allow residential uses on the street-level or main-level of the primary structure. A conditional use permit may allow a residential use on the street-level or main-level of the primary structure only if the purpose of such use is to provide a handicap accessible use for a person requiring such accommodation, and such use does not prevent the utilization of the street-level or main-level of the primary structure for a permitted use.

(Amended in 2022 by Ord. # 2022-9-7.1)

Effective on: 9/7/2022

Following are the space limits:

1. 12.5.1
   Minimum lot area for business: None. Minimum lot area for residential structures or mixed business and residential structures: six thousand (6,000) square feet.
2. 12.5.2
   Minimum width of lot. None.
3. 12.5.3
   Maximum height of building: No restriction, except by gross floor-area ratio.
4. 12.5.4
   Minimum front yard: None.
5. 12.5.5
   Minimum rear yard: None.
6. 12.5.6
   Minimum side yard: None.
7. 12.5.7
   Minimum side yard on street side of corner lot: None.
8. 12.5.8
   Maximum gross floor area ratio: 12.0.
9. 12.5.9
   Maximum ground coverage: one hundred percent (100%).

Effective on: 1/1/1901

Permitted uses shall have no on-site, off-street parking requirements and shall be allowed to utilize public parking provided in the district according to the standards of the Code of Ordinances. Residential uses granted a conditional use permit shall provide no less than two (2) off-street parking spaces for each dwelling unit. Residential uses may provide off-site parking requirements either on-site or on another ancillary, reciprocal site within one-quarter mile of the use, provided such site is approved in the accompanying conditional use permit.

(Amended in 2022 by Ord. # 2022-9-7.1)

Effective on: 9/7/2022

See ARTICLE XVII.

Effective on: 1/1/1901