Gregory City Zoning Code
CHAPTER 153
ZONING REGULATIONS
§ 153.01 GENERAL REGULATIONS.
Except as hereinafter provided, no building or part thereof shall be erected, constructed, reconstructed, converted, altered, enlarged, extended, raised, moved or used, and no land shall be used except in conformity with the regulations prescribed in this chapter for the district in which the building or land may be situated.
(Prior Code, § 17.04.010)
§ 153.02 NONCONFORMING USERS.
Any lawful use existing at the time of the adoption of this chapter of any building or premises may be continued, even though in conflict with the provisions of this chapter, provided that no nonconforming use shall be substantially enlarged unless a permit is granted therefor by the Board of Adjustment. (In the event that any nonconforming use is hereafter discontinued, any future uses of the premises shall comply with this chapter.)
(Prior Code, § 17.04.020)
§ 153.03 PERMITS; GUIDELINES FOR SIGNS.
(A) Permits.
(1) No person or business shall cause any building or structure to be erected, constructed, reconstructed, converted or substantially enlarged, extended or raised, or moved onto any premises within the city limits of the city, unless a permit therefor is obtained from the Board of Adjustment.
(2) Application for a permit shall be made to the City Finance Officer and at the time of making application, the applicant shall furnish in writing the following information:
(a) The name of the applicant;
(b) The location of the premises on which the building or structure shall be located;
(c) The nature of the work or construction to be done;
(d) The estimated cost of the work to be done;
(e) The size of the lot or lots upon which the work or construction is to be done;
(f) The size of the proposed building or structure including the width, length and height;
(g) The distance the building or structure will be located from the front, rear and side lot lines;
(h) The permit becomes null and void if work or construction authorized is not commenced within one year;
(i) A site plan which would include the following: drawn (preferably) to scale; includes a north arrow; includes property lines; shows all dimensions of structures; includes all structures (existing and proposed) and setbacks from property lines includes appropriate roads, driveways, or parking areas; is clear and legible.
(j) A statement by the applicant that all work done will conform with the zoning ordinance of the city.
(3) The application must be accompanied by an amount equal to the residential and commercial building permit fee schedule that is shown below:
Valuation | Fees |
Valuation | Fees |
$0 through $1,000 | $15 |
$1,001 through $5,000 | $15 plus $4 or each addition $1,000 or part thereof over the first $1,000 |
$5,001 through $10,000 | $35 plus $3.75 for each additional $1,000 or part thereof over the first $5,000 |
$10,001 through $20,000 | $60 plus $3.50 for each additional $1,000 or part thereof over the first $10,000 |
$20,001 through $30,000 | $100 plus $3.25 for each additional $1,000 or part thereof over the first $20,000 |
$30,001 through $40,000 | $140 plus $3 for each additional $1,000 or part thereof over the first $30,000 |
$40,0001 through $50,000 | $180 plus $2.75 for each additional $1,000 or part thereof over the first $40,000 |
$50,0001 through $100,000 | $225 plus $2.50 for each additional $1,000 or part thereof over the first $50,000 |
SQUARE FOOT VALUATION BASIS FOR NEW BUILDINGS AND ADDITIONS THERETO | |
Dwellings - Single family dwelling, duplex, townhouses | |
Finished habitable space | $65 per square foot |
Finished basements | $35 per square foot |
Unfinished space (basement or upper levels) | $20 per square foot |
Attached garages | $22 per square foot |
Detached garages | $20 per square foot |
Storage shed (garden) | $12 per square foot |
Pole shed or other storage shed | $20 per square foot |
Commercial buildings | |
Pole shed or other storage shed | $20 per square foot |
Finished building | $60 per square foot |
“Non-valued” fees | |
Fence (new build, not replacement of existing) | $25 per square foot |
Patio deck/wood or concrete (new build, not replacement of existing) | $25 per square foot |
Failure to file a building permit | $75 penaltiy in addition to above fee schedule |
Variance request | $75 flat fee |
(4) The Finance Officer shall give the Planing and Zoning Board a copy of the completed building permit applications. The Planning and Zoning members shall meet prior to the Gregory City Council meeting and give their recommendations on each of the building permits that have been submitted to them to the Gregory Council.
(5) The Gregory City Council members, sitting as the Board of Adjustment, shall review each of the building permits applications submitted to them by the Planning and Zoning Board members at their next regularly scheduled Council meeting, at which time the applicant shall be heard along with any objectors to the granting of the permit. Within 48 hours after the hearing, the City Council shall notify the applicant as to whether his or her permit has been granted.
(6) The permit will consist of a copy of the permit signed by the Planning and Zoning Board Chair and the Mayor of the City Council and a statement stating that the permit has been approved and that the applicant can proceed in accordance with the plan submitted with his or her application.
(7) In the event a permit is not granted, a written statement signed by the City Finance Officer and the Mayor of the City Council shall be delivered to the applicant, stating that his or her application for a permit is denied and shall describe the reason therefor.
(8) Request for variance. In the event that the applicant requests a variance because the required setbacks can’t be met, a request for variance form must be submitted along with the building permit application. The fee for a variance permit shall be $75. The variance request form shall be provided to the applicant by the City Finance Officer and will contain the following items:
(a) Name, address, phone number, legal description, present zoning of the property and present use of the property;
(b) Reasons for request for variance;
(c) Names and address of adjacent property owners;
(d) Attach a scaled accurate drawing of the site and surrounding area of the site and survey area of at least 300 feet from each boundary;
(e) Survey pins located, if pins are not found, a survey will be required and paid for by the applicant.
(f) Applicant signature, verifying that the information contained in the variance application and all attachments is true and correct.
(Prior Code, § 17.04.030) (Ord. 41, passed - -1977; Am. Ord. 2014-02, passed 8-4-2014)
(B) Permit guidelines for signs.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILLBOARD. A free standing sign with an advertising area of more than 50 square feet which is supported by one or more uprights, poles, or braces in or upon the ground.
OFF-PREMISES SIGN. Any sign with a maximum advertising area of 50 square feet not located on the same property for which the advertisement is intended.
PORTABLE SIGN. Any sign with a maximum square footage of 32 square feet and is not permanently anchored to the ground or permanently mounted to a building, which is capable of being moved from location to location.
SIGN. Any permanent object, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising or other purposes and does not include paint on the surface of a building relating to the activity conducted in the building.
TEMPORARY SIGN. Any sign, banner, pendant, valance, or other advertising display constructed of cloth, canvas, light fabric, cardboard, paper, wallboards or other light materials, with or without frames, which may only be displayed not more than 30 days within a calendar year.
(2) Building permit required. No sign, other than a temporary sign, bill board or off-premises sign shall hereafter be erected, re-erected, constructed, altered or maintained within the zoning jurisdiction of the city unless a building permit has been issued by the City Superintendent for the specific sign and location. No off-premises sign or bill board may be issued a building permit without prior approval of the City Council.
(3) General sign regulation.
(a) Height and location of sign. All signs that are within 100 feet of a public approach or intersection shall be at least 20 feet away from the street or the lowest part of the sign and 7 feet above grade for traffic visibility considerations. No sign may be located in a manner that obstructs or otherwise interferes with the view of an official traffic sign, signal, or device or to obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.
(b) Sign illumination. All sign illumination shall be from the interior or from floodlight projection shielded which may not shine directly upon public rights-of-way and neighboring properties.
(c) Public right-of-way. No sign shall encroach upon or overhang any public right-of-way. No sign shall be attached to any utility pole, light standard, street sign or any other public facility.
(d) Condition and maintenance. All signs shall be maintained in good condition. Every sign, together will all of its supports, braces, guys and anchors shall be kept in good repair and in safe state of preservation. The display surface of each sign shall be kept neatly painted or covered at all times.
(e) Billboards. All billboards shall have a maximum height from adjacent grade of 36 feet; a maximum advertising area of 300 square feet; minimum ground clearance of 8 feet; minimum distance from residential zones of 200 feet measured along the street; minimum distance from other billboards of 300 feet; minimum distance from street intersection of 100 feet as measured from the right-of-way; and the maximum number per parcel of property is one.
(f) Off-premises signs. All off-premises signs shall have a maximum height from adjacent grade of 15 feet; a maximum advertising area of 50 square feet; minimum ground clearance of 7 feet; minimum distance from residential zones of 100 feet measured along the street; minimum distance from street intersection of 20 feet as measured from the right-of-way; and the maximum number per parcel of property is one.
(4) Exemptions. The following signs shall be exempt from licensing provisions of this chapter: official notices authorized by a court, public body or public safety official; directional, warning or information signs authorized by federal, state, or local government; memorial plaques, building identification signs and building cornerstones when made an integral part of the building or structure; flag of a government or non-commercial institution, religious symbols and non-commercial seasonal decorations appropriate to the holiday season; real estate for sale signs provided that all signs shall be located upon the property to which they apply and shall not have a maximum advertising area greater than 4 square feet; and community event message signs owned by a non-profit, civic organization or a governmental entity.
(C) Permit guidelines for fences.
(1) Construction standards. Any fence that is erected within the city limits shall not be constructed of any metal guards and barbed wire, unless first being approved by the City Council. No such fence shall be of material that will limit or conflict with the values or appearance of abutting property in any way, and no fence shall be erected or maintained in such a manner as to reasonable obstruct the view of others or their access to light or air.
(2) Location, height and materials. Privacy fences can’t be built past the front of any house towards the street side. The privacy fence can be built adjacent to the front of the house towards the backyard but shall not extend beyond the front of any adjacent house. Privacy fences shall be a minimum of 6 feet tall with a maximum height of 8 feet tall. a chain link fence may be built in the front yard, adjacent to the front of the house to the front lot line, with the maximum height of 4 feet tall. A wooden, picket type fence may also be built in the front yard towards the front lot line, with the maximum height of 4 feet. Any allowed fence may be placed on the property owner’s lot line with the exception of any fence built adjacent to the alley, the fence shall be build a minimum of 5 feet away from the alley right-of-way.
(Ord. 153, passed 4-3-2000; Am. Ord. 2017-07, passed 12-4-2017)
§ 153.04 BUILDINGS TO BE OF EXCELLENT STRUCTURAL CONDITION.
No person shall cause any building or structure to be established, reconstructed or altered or moved into either the residence or business district which is not of excellent physical structural condition, unless the person shall indicate in his or her plan as given to the Zoning Board, that he or she will convert the same to meet the qualifications, and any building or structure shall not be established in any neighborhood unless the same substantially complies with the architectural norms and standards existing in the neighborhood. Nor shall any building or structure be established which does not meet any building code provision which may now or hereafter be approved by the City Council.
(Prior Code, § 17.04.040)
§ 153.05 USE OF CITY WATER SUPPLY OR SEWER SYSTEM.
No person shall make available to any owner of any building to be established, reconstructed or altered or moved into the city the use of the city water supply or sewer system until the specifications for granting a permit to the owner are in complete accordance with this chapter.
(Prior Code, § 17.04.050) (Ord. 24, passed - -1973)
§ 153.06 VACATING CITY RIGHT-OF-WAY FOR BUILDING PURPOSES.
If and when the City Council for the city finds it agreeable and necessary to vacate a portion of the city’s right-of–way for building purposes; and after the required public notices and hearings of vacating city right-of-way for building purposes; and after the required public notices and hearings of vacating city right-of-way are met; the following costs shall be collected before the resolution vacating the city right-of-way is filed with the Gregory County Register of Deeds:
(A) The applicant shall pay $200 per each foot of vacated city right-of-way or a minimum of $1,000.
(B) The applicant shall pay all the costs of publishing the required public notices to vacate the city right-of-way.
(C) The applicant shall pay all the costs of recording the resolution vacating the city’s right-of-way.
(Ord. 2012-03, passed 12-3-2012)
§ 153.20 MEMBERS; TERM OF OFFICE.
The duly elected members of the City Council for the city shall be the Board of Adjustment, each to serve without compensation, and during their term of office, as Council members, when they retire and are replaced, they shall automatically fill the position of their predecessor. The Mayor of the city shall be a member of this board, and shall only have the power to vote on the Board of Adjustments should there be a deadlock or tie of the 6-member board.
(Prior Code, § 17.08.010) (Ord. 41, passed - -1977)
§ 153.21 CHAIRPERSON AND SECRETARY.
The Mayor shall act as Chairperson of the Board of Adjustment, and the City Auditor shall act as Secretary of the Board and keep its minutes and other records.
(Prior Code, § 17.08.020) (Ord. 41, passed - -1977)
§ 153.22 MEETINGS.
(A) Meetings of the Board may be held at the call of the Chairperson or at other times as the Board may determine.
(B) The meetings of the Board shall be conducted in accordance with statute and the rules as may be adopted by the Board, or in the event there are no statutory or adopted rules, then in accordance with Roberts Rules of Order insofar as the same are applicable.
(C) Special meetings can be called at the request of 2 members of the Board, but personal notice, either written or oral, of the meeting shall be given to the other members thereof at least 24 hours before a meeting.
(D) The Board shall meet in the City Council meeting room, and all meetings shall be open to the public.
(E) Three members of the Board shall constitute a quorum, and the Secretary shall keep accurate minutes of its proceedings and the votes taken by each member thereof on each question.
(Prior Code, § 17.08.030)
§ 153.23 POWERS AND DUTIES.
The Planning and Zoning commission shall have the power to hear requests for conditional uses, variances, amendments, change in zoning and appeals of a decision rendered by the Zoning Administrator or other city official.
(A) Appeals. Any decision rendered by the Zoning Administrator or other City Official may be appealed to the Planning and Zoning Commission. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Planning and Zoning Commission, that by reason of facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the City Council or by a court of record on application or notice to the officer for whom the appeal is taken and on due cause shown. The Planning and Zoning Commission shall permit and entertain appeals from its decisions or those of any administrative official: that notice of the appeal shall be given to the Planning and Zoning Commission within ten days from the time that the appellant is given notice of the decision, but in no event later than 60 days after the making of the decision.
(B) Conditional uses.
(1) The Planning and Zoning Commission shall have the power to hear and make recommendations, in accordance with the provisions of this ordinance, to decide such questions as are involved in determining whether conditional uses should be recommended for approval; and to recommend for approval conditional uses with such conditions and safeguards as are appropriate under this ordinance, or to recommend denial on conditional uses when not in harmony with the purpose and intent of this ordinance. The Planning and Zoning Commission shall not review a conditional use request unless and until all documents required for said use have been satisfactorily completed and all required fees have been paid in full.
(2) The Planning and Zoning Commission shall review all conditional use applications at an official public hearing of the Commission. Notice of the time and place of the hearing shall be given pursuant to the City Council's guidelines. The Planning and Zoning Commission shall discuss each application and recommend an action. The Planning and Zoning Commission shall forward its recommendation to the Gregory City Council at least 10 days in advance of the Gregory City Council meeting at which the application is being considered.
(C) Variances.
(1) The Planning and Zoning Commission shall have the power to hear requests for variances from the building permit and zoning ordinances where strict enforcement would cause unnecessary hardship, and to recommend approval only in accordance with this chapter. The Planning and Zoning Commission shall not review a variance unless and until all documents required for application for said request have been satisfactorily completed and all required fees have been paid in full.
(2) The Planning and Zoning Commission shall review all variance applications at an official public hearing of the Planning and Zoning Commission. Notice of the time and place of the hearing shall be given pursuant to the City Council's guidelines.
(3) The Planning and Zoning Commission shall discuss each application and recommend an action. The recommendation should be in the form of a motion clearly stating the Commission's recommended action. The Commission shall forward its recommendation to the City Council at least 10 days in advance of the City Council's meeting at which the application is being considered.
(4) In recommending approval of any variance, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(5) Under no circumstances shall the Planning and Zoning Commission recommend approval of a variance to allow a use not permissible under the terms of the zoning ordinances of the city or any use expressly or by implication prohibited by the zoning ordinance in said district.
(D) Amendments and rezoning.
(1) The Planning and Zoning Commission shall have the power to hear and make recommendations, in accordance with the provisions of this section, on requests for change in zoning. Upon notification of a proposed revision, modification, change or amendment to the zoning ordinance or any part thereof, the Planning and Zoning Commission shall schedule a public hearing. Notice of the time and place of the hearing shall be given, pursuant to City Council's guidelines. Any person may appear and request or protest the proposed change. The Commission shall not review an amendment for rezone unless and until all documents required for application for said request have been satisfactorily completed and all required fees have been paid in full.
(2) The Planning and Zoning Commission shall review all applications for amendments or rezones at an official public hearing of the Commission. The Commission shall discuss the application and formulate a recommended action. The recommendation should be in the form of a motion clearly stating the Commission's recommendation. The Commission shall forward its recommendation to the City Council at least 10 days in advance of the City Council's meeting at which the application is being considered.
(3) In recommending approval of any petition for change in zone or amendment, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with this section. Violation of such conditions and safeguards, when made a part of the terms under which the change in zone is granted, shall be deemed a violation of this section.
(Prior Code, § 17.08.040) (Ord. 117, passed - -1993; Am. Ord. 2016-08, passed 11-7-2016)
§ 153.24 APPEALS.
The Board of Adjustment shall permit and entertain appeals from its decisions or those of any administrative official: that notice of the appeal shall be given to the Board within 10 days from the time that the appellant is given notice of the decision, but in no event later than 60 days after the making of the decision.
(Prior Code, § 17.08.050)
§ 153.25 POWERS AND DUTIES GENERALLY.
The Board of Adjustment shall have the power to hear appeals, requests for rezoning and amendment of the Zoning Ordinance.
(Ord. 2016-09, passed 11-7-2016)
§ 153.26 CHANGE IN ZONE.
The Board of Adjustment shall have the power to hear and decide, in accordance with provisions of this chapter, petitions for change in zoning. A petition for change in zoning will not be decided until:
(A) The individual petitioner provides a completed change in zone request. Said request must clearly state that special conditions and circumstances exist which require the land to be rezoned; that the special conditions and circumstances do not result from the actions of the applicant; and that granting the change in zoning will not confer on the applicant any special privilege that is denied by this section to other lands, structure, or buildings in the area.
(B) The Planning and Zoning Commission has reviewed the application pursuant to § 153.23 of the City of Gregory Ordinances.
(C) Notice of public hearing shall be given as pursuant to Gregory City council guidelines.
(D) The public hearing shall be held. Any party may appear in person or by agent or attorney.
(E) The Board of Adjustment shall make findings that the requirements of this section have been met by the applicant for a change in zone; the Board shall further make a finding that the reasons set forth in the application justify the granting of the change in zone, and the change in zone will make possible the reasonable use of the land, building, or structure; the Board of Adjustment shall further make a finding that the granting of the change in zone will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(F) No petition for change in zone shall be authorized unless the Board of Adjustment finds that the condition, situation or the intended use of the property concerned is not of so general or recurring nature as to make reasonably practicable the change in zone.
(G) Nonconforming use of neighboring lands, structures, or buildings in the same district, and permitted or nonconforming use of lands, structures or buildings in other districts shall be considered as reasons for the issuance of a change in zone.
(H) In granting any petition for change in zone, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the change in zone is granted, shall be deemed a violation of this chapter.
(Ord. 2016-09, passed 11-7-2016)
§ 153.35 DISTRICTS.
For the purpose of this chapter, the city is divided into 3 districts; a residential, commercial/business, and industrial district.
(Prior Code, § 17.12.010) (Ord. 2015-03, passed 2-17-2015; Am. Ord. 2016-02, passed 5-23-2016)
§ 153.36 BOUNDARIES.
(A) The Business/Commercial district shall comprise of Lots 7, 8, 9, 10 of Block 39, Blocks 46, 47, 52, 53, 60, 61, 66, 67, 74, 75, 80, 81, 82, East half of Block 87, Blocks 88, 89 of the original town of Gregory; Lots 2, 3, 4 of Logan Acres Addition to the city; Lot 1 of Block 2, Lots J, K of Block 3, Lots G, H of Block 4, Lots E, F of Block 6, Grandview Addition to the city; all property within the city limits being 150 feet from the right-of-way of U.S. Highway 18 and all property within the city limits and within 150 feet of The right-of-way of South Dakota State Highway No. 47; Lots 1-6 of the Roadside Park Addition to the city.
(B) The Industrial District shall comprise of Blocks 7 and 8 of Grandview Addition to the city, Lots 1-8 of the Gregory Industrial Park Addition to the city.
(C) The residential district shall comprise the remainder of the city.
(Prior Code, § 17.12.020) (Am. Ord. 2011-226, passed 11-2-2011; Am. Ord. 2015-03, passed 2-17- 2015; Am. Ord. 2016-02, passed 5-23-2016)
§ 153.50 USE REGULATION.
Except as otherwise provided in this chapter, no building or land situated in the residence district shall be used for other than one or more of the following purposes:
(A) Dwelling houses;
(B) Apartment houses;
(C) Churches;
(D) Libraries;
(E) Parks;
(F) Private garages;
(G) Club, lodge or community center buildings not used to make profits;
(H) Playgrounds, gardens and farms;
(I) Motels and trailer courts, provided that the plans and specifications for the motels or trailer courts are submitted to and approved by resolution of the City Council.
(Prior Code, § 17.16.010)
§ 153.51 ACCESSORY AND AUXILIARY USES.
(A) Any use of property in the residence district, other than residence thereon, shall be permitted therein where the Zoning Board finds that such use is one customarily incidental to the use of residential districts and grants a permit therefor.
(B) No professional person or person conducting any other business within his or her residence shall conduct the business in a residential district unless the business activity does not occupy more than 50% of the floor area of 1 story of the building, and unless there is no attempt to display goods or display to the public advertising signs larger than a 1-foot square; and unless the premises occupied by a business shall not be rendered detrimental to the residential character of the neighborhood due to odors, smoke, dust or noise, and shall not include features or designs not customarily found in residential buildings.
(Prior Code, § 17.16.020)
§ 153.52 CRITERIA FOR GRANTING PERMIT.
(A) No residence building or structure shall hereafter be established within the residence district of the city unless the same is situated on a lot including at least 5,000 square feet.
(B) Front yard. No residence building or structure shall be established or an existing building reconstructed or altered on any premises within the residence district which is bordered by a city street or proposed city street in a manner that the front of the building or structure shall be less distance from the front lot line than the average improved building front on that street in that block, but in no case shall the setback line be less than 20 feet from the front lot line. This minimum setback line may be increased for any single block by the Board of Adjustment upon its approval of a petition of 3/4 of the owners of the lots fronting the street requesting an increase.
(C) Side yard. No building or structure shall hereafter be constructed or reconstructed on any premises in the residence district so that any portion thereof shall be closer to the sideline of the building lot than 8 feet. Provided that when the side lot shall abut upon a side street, the Board may require a side yard of not less than 8 feet nor more than 20 feet on the side abutting the street.
(D) No private garage or accessory building shall be built within 15 feet of the front lot line and the garage or accessory building shall be at least 8 feet from the side lot line.
(E) Rear yard. If the rear of a building lot abuts upon an alley that is used and open to the public, a residence shall not be established nearer the rear lot line than 5 feet. If the building lot does not abut upon an alley, no residence shall be established nearer the rear lot line than 15 feet.
(F) For any onsite setback inspection, the property owner(s) or contractor shall attempt to locate the property(s) and boundary areas necessary for the City Building Inspector to make his or her appropriate determination. In addition, the Building Inspector shall use the means and maps of the city reasonably at his or her disposal to make a reasonable effort to locate the same. If the property line/boundary areas are not located following reasonable means and inspections, the City Building Inspector, or the City Council, may require the property owner(s) or contractor, at the owner’s or contractor’s expense, to hire or retain a registered land surveyor or engineer to do a survey of the property or to otherwise located the property line(s) or boundary areas. Once the boundaries are found and the setback compliance has been obtained, the property owner(s) and contractor may proceed with construction.
(Prior Code, § 17.16.030) (Ord. 2012-02A, passed 12-17-2012)
§ 153.53 MOBILE HOMES.
Hereafter, no mobile home park shall be estimated on premises within the residence district of the city which does not meet the requirements of Chapter 152 of the Gregory Municipal City Code of Ordinances. the requirements for any mobile home located in a mobile home park or located outside of a mobile home park, must also meet the requirements set forth in § 153.53 of the Gregory Municipal Code of Ordinance. All mobile homes located outside of a mobile home park must also meet the requirements established in Chapter 153 of the Gregory Municipal Code of Ordinances, just as any other building or structure hereafter built, reconstructed or altered within the residence district.
(A) Age of the mobile home. No mobile home may be moved in the City of Gregory limits or moved from a different location to another location within the city limits, if the mobile home is more than 20 years old.
(B) Condition of the mobile home.
(1) All mobile homes must be sided with material that is acceptable for regular housing. No corrugated steel siding is allowable.
(2) All mobile homes must have skirting that is installed around the perimeter of the mobile home from the bottom of the mobile home to the ground and the material must match the color and type of the mobile home siding or be of masonry material.
(3) The front hitch must be removed.
(4) The mobile home shall have a pitched roof that is not less than one foot of rise for each 4 feet of horizontal run. The roof shall be of the same material that would be acceptable for regular housing.
(5) The mobile home must meet or exceed the Federal Manufacturing Housing Construction and Safety Standards Act.
(Ord. 2012-05, passed 12-17-2012)
§ 153.54 DRIVEWAYS.
Any person hereafter seeking to establish a private residence within the residence district shall provide a driveway to the lot where the building is established so as to permit parking of motor vehicles thereon.
(Prior Code, § 17.16.050)
§ 153.55 GRANDVIEW ADDITION ZONING AND BUILDING REGULATIONS.
(A) Land use and building type. Blocks 1 through 6 of Granview Addition are Residential lots. The following is a list of building types and land uses that are permitted.
(1) Dwelling houses;
(2) Apartment houses;
(3) Churches;
(4) Libraries;
(5) Parks;
(6) Club, lodge or community center buildings not used to make profits; and
(7) Playgrounds, gardens and farms.
(B) Garages, car ports and pole sheds. The primary or main structure may include an attached or unattached garage. The attached or unattached garage will be build with the same type building materials that the main or primary structure is composed of. this also includes any storage sheds or out buildings. No attached carports will be permitted or allowed.
(C) Nuisances. The following activities and strictures are hereby prohibited in the Grandview Addition residential lots:
(1) Modular homes or manufactured homes not meeting or exceeding requirements of Uniform Building Code, H.U.D., mobile homes, tents, shacks, barns, temporary buildings and/or structures of a temporary character.
(2) No trade or activity, as prohibited by statute or ordinance as amended from time to time, shall be allowed to occur upon Grandview Addition residential lot, nor shall anything else be done which may become an annoyance or nuisance as defined by law.
(3) No large semi-trucks, farm equipment, boats, trailers, commercial trucks, tractors, commercial vas, campers and/or recreational vehicles, except those brought in temporarily in connection with service work, or in case of emergencies, shall park on the streets within the Grandview addition; however, large trucks, travel trailers, farm equipment, boats, boat trailers, etc., may be parked inside the garages on said private properties or non-private property outside of the Grandview Addition’s right- of-way roads.
(D) Lot frontages. Residential lot frontages shall be seeded to grass, planted shrubs and/or trees.
(E) Vegetable gardens. Vegetable gardens are not allowed in the front of the residential lots.
(F) Hedges and fences. No fence will be allowed in any front yard of a residential lot.
(G) Doghouses and kennels. Doghouses and/or kennels are allowed only in the rear of the residential lots.
(H) Construction time requirements for residential lots.
(1) To promote the orderly development of the residential areas of the Grandview Addition,, construction of the principal structure shall be completed and ready for occupancy within construction of the principal structure shall be completed and ready for occupancy within 36 months after the closing of the lot purchase, unless there are reasonable and legitimate reasons why the principal structure was not completed within the 36 month period. If there are reasonable and legitimate reasons for the delay, an “extension of time: can be requested and presented to the city Zoning and Planning Committee before the 36 month time period expires. Based upon the totality of the circumstances, the Planning and Zoning Committee will review and advise the City Council and the Council will make the final decision if the extension of time should be granted or defined. If the construction is not completed within the 36 months after the closing of the lot purchase and no request for “extension of time: was timely requested for if no “extension of time” was granted by the City Council, when the lot in question shall revert to the city upon payment to the purchaser of 25% of the purchaser’s original purchase price. The tender of payment by the city to the purchaser will be made within 18 months after the three year construction time period has expired. Purchaser, the purchaser’s assigns, the purchaser’s heirs and/or purchaser’s owners will agree that if the principal structure has not been completed within the 36 month time period, the city will be damaged. The damages include lost revenue from the real estate taxes, incurred legal and sales expenses from the sale and resale of the lot, and the decreased marketability of other lots that the city intends to sell in the future. The 75% loss of purchase price is agreed a reasonable estimate of the damages the city would incur if the principal reasonable estimate of the damages to he city would incur if the principal structure has not been completed within the 36 months after the closing of the lots closing, unless the purchaser requests and receives an extension of time from the city as discussed above.
(2) The three-year time period shall not be affected by any subsequent sale by the purchaser and any new purchaser must complete the principal structure within the three-year period that started with the real estate closing with the original purchaser.
(3) All residential lots shall have principal structures completed within 36 months. If more than one lot is obtained by a purchaser, building one structure will not satisfy the building requirement to the other lot or lots; each lot must have a principal structure completed within 36 months of the lot’s closing.
(I) Manufactured housing. No manufactured housing or any structure of any kind of what is commonly known as “boxed” or “sheet metal” construction is allowed on any residential lots. Manufactured housing or any structure of any kind of what is commonly known as “boxed” construction will be allowed only if it has the following:
(1) The roof pitch shall be 4 to 12 or greater.
(2) The roof shall be shingled or standing seam steel.
(3) Exterior walls shall have conventional house siding, such as brick, cement, LP Smart, side panel, horizontal steel or Novabrik.
(4) A masonry basement or foundation with a minimum 4 foot frost footing shall be located completely under the exterior walls.
(5) The primary structure shall have a minimum width of 24 feet.
(6) The long axis of the primary structure must be parallel to the street.
(7) The beams or towing apparatus must not be visible.
(8) The primary structure shall meet or exceed HUD manufactured home construction and safety standards.
(9) No manufactured housing or structure more than 2 years old may be moved onto a lot.
(J) Commercial lots. Lots E, F, G, H, I, J, K in Grandview addition are zoned commercial. These commercial zoned lots are subject to the city ordinances and the following regulations.
(1) No storage buildings may be built upon these lots.
(2) No mobile home parks will be allowed.
(3) The setback for any of these commercial lots shall be 8 foot when adjacent to a residential lot.
(4) Construction time requirement will the same as for the residential lots as listed in division (H) of this section.
(K) Industrial lots. Blocks 7 and 8 of Grandview addition are zoned industrial. These industrial zoned lots are subject to the city ordinances and the following regulations:
(1) Construction time requirements will be the same as for the residential lots as listed in division (H) of this section.
(2) Mobile homes parks will be allowed in the industrial zoned area if they are built to the city code found in Chapter 151 of the city’s ordinances.
(3) No storage buildings may be built upon these lots.
(Ord. 2015-03, passed 2-17-2015)
§ 153.70 PERMITTED ACTIVITIES.
Unless otherwise provided in this chapter, or by other laws, all activities commonly associated with business may be conducted in the business district, provided that no business or industry which inherently involves the accumulation of undesirable byproducts or the production of undesirable odors, smoke, dust or noise, or the accumulation of large amounts of unsightly and bulky raw materials, equipment or storage facilities shall hereafter be allowed to conduct its activities in the business district unless suitable safeguards are arranged in connection therewith to prevent the same from becoming a public nuisance.
(Prior Code, § 17.20.010)
§ 153.80 INTENT.
The provisions of this subchapter are to be applied in instances where tracts of land of considerable size are developed, redeveloped or renewed as integrated and harmonious units, and where the overall design of such units is so outstanding as to warrant modifications of the standards contained elsewhere in the subchapter. A planned development, to be eligible under this subchapter, must be:
(A) In accordance with the comprehensive plans of the city, including all plans for redevelopment and renewal;
(B) Composed of such uses, and in such proportions, as are most appropriate and necessary for the integrated functioning of the planned development and for the city;
(C) So designed in its space allocation, orientation, texture, materials, landscaping and other features as to produce an environment of stable and desirable character, complementing the design and values of the surrounding neighborhood, and showing such unusual merit as to reflect credit upon the developer and upon the city; and
(D) A minimum of 90,000 square feet or 1 city block in land area.
(Ord. 200, passed 11-19-2007)
§ 153.81 APPLICATION PROCEDURE.
(A) An applicant for consideration under terms of this district, who must be owner, lessee, or the holder of a written purchase option of the tract of land under consideration, shall submit to the City Planning Commission a site plan for the proposed planned unit development. The plan shall indicate:
(1) The location and extent of the proposed planned unit development, including its relationship to surrounding properties;
(2) The exact nature and extent of improvements to be developed or erected upon the tract, including contoured site plans, building plans and elevations, and plans for landscaping and paved areas, transportation patterns, and water and sewer services; and
(3) Such other information as may be required by the City Planning Commission to determine if the proposed planned unit development is consistent with the intent of the district.
(B) The City Planning Commission shall, within 60 days of receiving the plan for the proposed planned unit development, consider such plan at a minimum of 1 regular City Planning Commission meeting. Upon consideration, the City Planning Commission shall inform the applicant in writing of its approval or denial of the plan. In event of denial, the Commission shall inform the applicant of the reason(s) for denial, including any recommended modifications in the plan, which would cause the Commission to reconsider.
(C) Upon approval of the plan by the City Planning Commission, it shall forward its written recommendations to the City Council along with a copy of the approved plan, that the tract be designated a planned unit development (PUD) by amendment of the official zoning map.
(D) Upon receiving the City Planning Commissioner’s written recommendation, The City Council shall consider the amendment of the official zoning map as provided elsewhere in this subchapter.
(E) Following the amendment of the official zoning map by the City Council, the City Zoning Administrator may, upon proper application, issue a building permit for construction of the planned unit development in accordance with the approved plan.
(Ord. 200, passed 11-19-2007)
§ 153.82 SUBSEQUENT PERFORMANCE.
Following issuance of a building permit for the planned unit development by the Zoning Administrator, the applicant shall begin construction or renovation within a period of 6 months. Failure to do so shall invalidate the building permit. Construction or renovation shall follow precisely the plan approved by the City Planning Commission to which modifications may be granted only by the City Planning Commission upon filing of an amended plan. Failure to follow the approved plan on the part of the applicant or their agent shall be considered a violation of this subchapter punishable as herein prescribed.
(Ord. 200, passed 11-19-2007)