Zoneomics Logo
search icon

Hamilton City Zoning Code

ARTICLE II.

DISTRICTS

Sec. 44-33. - Established.

The city is hereby divided into the following zoning districts:

(1)

FAR Forestry, Agricultural and Rural Residential District.

(2)

R-1 Single-Family Residential District.

(3)

R-2 Multifamily Residential District.

(4)

MH-1 Manufactured Home Park District.

(5)

B-1 General Business District.

(6)

B-2 Central Business District.

(7)

M-1 Light Manufacturing District.

(8)

M-2 Heavy Manufacturing District.

(Ord. No. 2010-4, § 50, 2-16-2010; Ord. No. 2013-12, § 50, 12-2-2013)

Sec. 44-34. - District boundaries—Generally.

The boundaries of each district are indicated upon the zoning map of the city, which is hereto made a part of this article. Said map and all notations, references and other information shown thereon shall be as much a part of this article as if fully described herein. Said map shall be retained in the office of the city clerk.

(Ord. No. 2010-4, § 51, 2-16-2010; Ord. No. 2013-12, § 50, 12-2-2013)

Sec. 44-35. - Same—Interpretation.

Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:

(1)

Where such district boundaries are indicated as approximately following center lines of streets and alleys, lot lines, stream center lines, property lines or corporate limit lines, such lines shall be considered to be such boundaries.

(2)

In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing on the zoning map.

(3)

Where physical or cultural features existing on the ground are at variance with those shown on the zoning map, or in other circumstances not covered by the preceding rules, the board of adjustment shall interpret the district boundaries.

(Ord. No. 2010-4, § 52, 2-16-2010; Ord. No. 2013-12, § 52, 12-2-2013)

Sec. 44-36. - Annexation.

Any area annexed to the city shall be classified FAR until further action, preferably within 90 days, can be taken by the city council to permanently classify the new area according to this article.

(Ord. No. 2010-4, § 53, 2-16-2010; Ord. No. 2013-12, § 53, 12-2-2013)

Sec. 44-37. - Applicability.

No building, structure, or land shall hereafter be used, occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, unless in conformity with all regulations of this chapter for the district in which it is located, except as otherwise provided herein.

(Ord. No. 2010-4, art. IV, 2-16-2010; Ord. No. 2013-12, art. IV, 12-2-2013)

Sec. 44-38. - One main building on lot.

Every building hereafter erected or moved shall be located on a lot, and in no case shall there be more than one principal residential building and its accessory buildings on a lot, except as provided in sections 44-43 and 44-44, and no business or industry shall be allowed to place more than one principle structure on an individual lot, unless each additional structure can meet the requirements of this chapter related to lot area, setback, parking, and all other provisions as if developed on a conforming individual lot and so arranged as to be conforming if the lot is divided.

(Ord. No. 2010-4, § 120, 2-16-2010; Ord. No. 2013-12, § 120, 12-2-2013)

Sec. 44-39. - Required yards not to be used by another building.

The minimum yards or other open spaces required by this chapter for each and every building hereafter erected, moved or structurally altered shall not be encroached upon or considered to meet the yard or open space requirements of any other building.

(Ord. No. 2010-4, § 121, 2-16-2010; Ord. No. 2013-12, § 121, 12-2-2013)

Sec. 44-40. - Reduction of lot and yard areas.

No yard or lot existing at the time of passage of this chapter shall be reduced in size of area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(Ord. No. 2010-4, § 122, 2-16-2010; Ord. No. 2013-12, § 122, 12-2-2013)

Sec. 44-41. - Visibility at intersections.

(a)

In any district requiring a front yard setback, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of 2.5 feet and ten feet above street level shall be permitted within 20 feet of the intersection of the right-of-way lines of two streets or railroads or of a street and a railroad right-of-way line.

(b)

Accessory structures within 25 feet of the rear lot line of a corner lot shall be set back the minimum front yard depth required on the side street. The requirements of this subsection shall not be deemed to prohibit any necessary retaining wall.

(Ord. No. 2010-4, § 123, 2-16-2010; Ord. No. 2013-12, § 123, 12-2-2013)

Sec. 44-42. - Street access.

No principal building shall be erected on a lot which does not abut a public street. In cases where more than one principal building occupies a lot, each principal building containing business or industry shall have access to a public street.

(Ord. No. 2010-4, § 124, 2-16-2010; Ord. No. 2013-12, § 124, 12-2-2013)

Sec. 44-43. - Future street lines.

On any lot which, at the time of adoption of the ordinance from which this chapter is derived or at the time this chapter is changed by amendment hereafter, may be reduced in area by widening a public street to a future street line as indicated on the duly adopted "Major Street Plan," or as same may be hereafter amended, the minimum required yards, the minimum required lot area, the minimum required lot width and the maximum building area shall be measured by considering the future street lines as the lot line of such lot.

(Ord. No. 2010-4, § 125, 2-16-2010; Ord. No. 2013-12, § 125, 12-2-2013)

Sec. 44-44. - Group housing projects.

(a)

In case of a housing project consisting of a group of two or more buildings to be constructed on a plot of ground at least four acres not subdivided into the customary streets and not to be so subdivided or where existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual buildings in such housing projects, the application of such requirements to such housing projects shall be done by the planning commission, in a manner that will be in harmony with the character of occupancy, a density of land use no higher and a standard of open space at least as high as required by this chapter in the district in which the proposed project is to be located, and will provide layout design and public utilities in harmony with the general requirements and minimum standards of design of the subdivision regulations of the city.

(b)

In no case shall the planning commission authorize a use or a building height or building area prohibited in the district in which the housing project is to be located.

(Ord. No. 2010-4, § 126, 2-16-2010; Ord. No. 2013-12, § 126, 12-2-2013)

Sec. 44-45. - Manufactured housing regulation.

No manufactured home shall be located or sited within the city, unless it shall meet the following standards:

(1)

The unit was constructed no more than eight years prior to the date of application to install the manufactured home.

(2)

The unit must be underpinned.

(3)

Hitches shall be removed when possible and shall be underpinned when not removed.

(4)

The unit must have a front porch or deck not less than eight feet by eight feet and a rear porch or deck not less than four feet by four feet in size.

(Ord. No. 2011-14, 6-20-2011; Ord. No. 2013-12, § 127, 12-2-2013)

Sec. 44-46. - Home occupations.

The following regulations shall apply to the conduct of a home occupation in any permitted zoning district:

(1)

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part.

(2)

Use of the dwelling for this purpose shall be limited to 25 percent of one floor of the principal building.

(3)

The home occupation shall be confined entirely to the principal building, and no accessory building or outside storage shall be used in connection with the home occupation.

(4)

Employment shall be limited to residents of the dwelling.

(5)

No internal or external addition, alteration, or remodeling of the dwelling is permitted in connection with the home occupation.

(6)

Chemical, mechanical or electrical equipment that creates odors, light emission, or noises detectable outside of the dwelling shall be prohibited.

(7)

No display of products shall be visible from the street and only articles made on the premises may be sold; except that non-durable articles (consumable products) that are incidental to a service, which service shall be the principal use in the home occupation, may be sold on the premises.

(8)

Instruction in music, dancing and similar subject shall be limited to two students at a time.

(9)

Vehicles having passenger vehicle characteristics only shall be permitted in connection with the conduct of the customary home occupation.

(10)

The activity carried on as a home occupation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

(11)

One professional or announcement sign may be used to identify the customary home occupation. Such sign shall not exceed two square feet in area exposed to view and must be mounted flat to the main wall of the principal building. No such sign shall be illuminated.

(12)

Customary home occupations shall not include, among others, the following:

a.

Uses which do not meet the provisions listed in this section.

b.

Automobile and/or body and fender repairing.

c.

Barbershops and beauty parlors.

d.

Food handling processing or packing.

e.

Repair, manufacturing and processing uses; however, this shall not exclude the home occupation of a dressmaker where goods are not manufactured for stock, sale, or distribution.

f.

Restaurants.

g.

Uses which entail the harboring, training, raising or treatment of dogs, cats, birds, or other animals.

(13)

A business license issued by the city will be required prior to the establishment of a home occupation. Such permit shall be renewed each year.

(Ord. No. 2010-4, art. X, 2-16-2010; Ord. No. 2013-12, art. X, 12-2-2013)

Sec. 44-67. - FAR Forestry, Agricultural and Rural Residential District.

This district exists for the protection of areas of low density rural agriculture and single-family dwellings. Accordingly, the use of land and buildings within such areas is limited to low intensity agricultural uses and single-family detached dwellings and to such nonresidential uses as generally support and harmonize with such agricultural and residential uses. Within a FAR Forestry, Agricultural and Rural Residential District, a building or land shall be used only for the following permitted uses:

(1)

Single-family dwellings.

(2)

Manufactured housing, in accordance with the requirements of section 44-45.

(3)

Agricultural uses, including farms, truck gardens, and nurseries; provided, that no greenhouse heating plant shall be located within 60 feet of any front lot line or within 25 feet of any other lot line, and animal husbandry and livestock; provided, that no keeping of animals shall constitute a nuisance.

(4)

Home occupations as defined in section 44-47.

(5)

Churches, synagogues, and other places of worship including parish houses, rectories, and other facilities normally incidental to places of worship but excluding funeral homes.

(6)

Public schools and private or parochial, elementary and high schools having a curricula approximately the same as ordinarily given in public, elementary and high schools.

(7)

Public parks and playgrounds.

(8)

Bed and breakfast facilities.

(9)

Cemeteries.

(10)

Cultural activities not carried on as a gainful business, including clubs, community centers, libraries, and museums.

(11)

Public and private colleges and universities, including dormitories connected with such institutions.

(12)

Recreation facilities and country clubs, excluding residential accommodations and any activity carried on as a gainful business other than incidental concessions.

(13)

Reservoirs, dams, public utility substations and pumping stations, police stations, fire stations, transmission lines and towers, and water tanks; provided that the structures are placed not less than 50 feet from any property line, there is no industrial activity, and no vehicles or equipment stored on the premises.

(Ord. No. 2010-4, § 60.1, 2-16-2010; Ord. No. 2013-12, § 60.1, 12-2-2013)

Sec. 44-68. - R-1 Single-Family Residential District.

This district exists for the protection of neighborhoods consisting of single-family dwellings. Accordingly, the use of land and buildings within such areas is limited to single-family detached dwellings and to such non-residential uses as generally support and harmonize with a medium-density single-family residential area. Within an R-1 Residential District, a building or land shall be used only for the following permitted uses:

(1)

Single-family dwellings.

(2)

Any use permitted by right in the FAR district, excluding manufactured homes and excluding agricultural uses not clearly incidental to single-family residences.

(Ord. No. 2010-4, § 60.2, 2-16-2010; Ord. No. 2013-12, § 60.2, 12-2-2013)

Sec. 44-69. - R-2 Multiple-Family Residential District.

This district exists to provide areas for medium to high density development that will afford the protection of varied housing types found in more densely populated neighborhoods. The use of land and buildings is limited to such nonresidential uses as generally support and harmonize with sound residential development. Within an R-2 Residential District, a building or land shall be used only for the following purposes:

(1)

Uses permitted.

a.

Any use permitted by right in the R-1 residential district.

b.

Two-family dwellings.

c.

Multifamily dwellings.

(2)

Uses permitted on appeal.

a.

Day nurseries and kindergartens meeting all requirements of appropriate state regulations and standards.

b.

General and special hospitals, outpatient clinics and public health centers; excluding private offices for doctors, convalescent homes, rest homes, nursing homes, sanitariums, homes for the aged and handicapped, and orphanages; and provided that the main entrance shall be provided on a major thoroughfare with ingress and egress so designed as to minimize traffic congestion and no building or structure shall be located less than 150 feet from any property line.

c.

Roominghouses and boardinghouses.

(Ord. No. 2010-4, § 60.3, 2-16-2010; Ord. No. 2013-12, § 60.3, 12-2-2013)

Sec. 44-70. - MH-1 Manufactured Home Park District.

(a)

This district is established in order to provide standard areas for the development of manufactured home parks. The intent is to provide areas of standard environmental conditions for the location of manufactured homes in stable, convenient, and well-designed locations.

(1)

Development standards are required to ensure the creation of an orderly and sound residential environment. Within the MH-1 Manufactured Home Park District, a building or land shall be used only for the permitted uses set forth in subsection (a)(2) of this section.

(2)

Uses permitted. Manufactured home parks; provided that a manufactured home park shall meet the following site standards and regulations:

a.

The minimum area for any manufactured home park shall be four acres.

b.

The maximum density is ten manufactured home sites per acre.

c.

Minimum front, side, and rear yard setbacks shall be 75 feet.

d.

All minimum interior side yard and rear yard setbacks shall include a minimum of a 15-foot wide planting area of trees and shrubs to act as a screen between the manufactured home park and abutting property.

e.

Access points shall be located on public streets providing safe and convenient access.

f.

No sign or other form of advertising shall be permitted other than that necessary to identify the manufactured home park.

g.

All manufactured home sites shall abut upon a driveway not less than 26 feet in width. All driveways shall be hard surfaced, well marked and lighted by the manufactured home owner.

h.

The entire area shall be adequately serviced by water and sewer and all manufactured homes shall meet the requirements of section 44-45.

i.

No accessory building or structure shall be erected or maintained in any required minimum setback area for the manufactured home park or any individual manufactured home space nor shall an accessory building or structure be located more than 100 feet from the manufactured home it is to serve.

j.

Individual manufactured home spaces within each manufactured home park shall not be less than 4,000 square feet and shall have setbacks as follows:

1.

Front yard shall be 20 feet.

2.

Side yards shall be a total of 25 feet with one yard not less than ten feet.

3.

Rear yards shall be ten feet.

(b)

Application for the amendment of the zoning map of the city to create a MH-1 Manufactured Home District shall be accompanied by a plan for the overall development of the tract of land to be rezoned, which plan shall be in the form and contain the information required as follows:

(1)

The scale of the map shall not be less than one inch equals 50 feet with contours at five-foot vertical intervals showing pertinent topographical features.

(2)

The location, use, plan, and dimension of each building or structure to be constructed and the location of each manufactured home to be parked.

(3)

The location, dimension and arrangement of all open spaces, yards, access ways, entrances, exits, off-street parking facilities, pedestrian ways, location and width of roads, streets, and sidewalks.

(4)

Location and description of all facilities to be used for sewage disposal, water supply, and storm drainage.

(Ord. No. 2010-4, § 60.4, 2-16-2010; Ord. No. 2013-12, § 60.4, 12-2-2013)

Sec. 44-71. - Zero lot line developments.

(a)

Generally. Zero lot line development may be permitted upon recommendation by the planning commission and approval of the city council of the city in R-1, R-2 and R-3 districts.

(b)

Permitted uses. Uses permitted in zero lot line developments shall be as outlined in the underlying zoning district.

(c)

Development standard for R-1 districts. Recommended zero lot line development standards for single-family zoning districts are as follows:

(1)

Minimum lot size. Minimum lot size is 3,600 square feet.

(2)

Maximum site coverage. Maximum site coverage is 50 percent.

(3)

Density. The density of the zero lot line development shall not exceed the density of the underlying zoning district.

(4)

Minimum yard requirements. Minimum yard requirements are ten feet in front of a dwelling, 20 feet in front of a garage, eight feet in the rear. Minimum yard requirement for side yards are zero feet on one side and ten feet on the other side for dwellings and five feet on the other side for garages.

(5)

Distance between dwellings. Minimum distance between dwellings is 15 feet.

(6)

Height limitation. The height limitation is two stories, not to exceed 35 feet.

(7)

Openings prohibited on zero lot line side. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of opening; provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall of at least eight feet in height is provided on the zero lot line. The wall shall be constructed of the same material as exterior walls of the unit. Opaque openings or high-level windows above eight feet in height shall be allowed. There is no restriction on openings where a wall is located on a zero lot line facing open space.

(8)

Open space. Each zero lot line development shall provide not less than 25 percent of the gross land area for common open space, which shall be concentrated in large areas and designed to provide either passive or active recreation. Open space shall maintained by the city, if dedicated for public use and accepted by the city. If open space is not dedicated to the city, it shall be owned and maintained, if under one ownership, by the ownership or, if held in common ownership, by all the owners of the development by means of a homeowners' association. Such homeowners' association shall be responsible for maintenance of the common open space and, if such open space is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners' association accordingly. If unpaid, such bills shall be a lien against the homeowners' association.

(9)

Perimeter buffer. A ten foot minimum width buffer strip is required on all boundaries of the development. A 100 percent sight-obscuring wall, fence or landscape shall be established along all boundaries. The ten foot buffer strip inside this sight-obscuring screen may be part of the lots, or may be an area maintained by a homeowners' association. The buffer strip required in this subsection may be a credit against the open space requirements of this section.

(10)

Walls. There shall be no contiguous walls between units.

(d)

Development standards R-2 and R-3 districts. Recommended zero lot line development standards for R-2 and R-3 multifamily zoning districts are as follows:

(1)

Minimum site area. Minimum site area is five acres.

(2)

Minimum lot size. Minimum lot size is 3,000 square feet.

(3)

Maximum site coverage. Maximum site coverage is 50 percent.

(4)

Density. The density of the zero lot line development shall not exceed the density of the underlying zoning district.

(5)

Minimum yard requirements. Minimum yard requirements are 15 feet in front of a dwelling, 20 feet in front of a garage, ten feet in the rear. Minimum yard requirements for side yards are zero feet on one side and 15 feet on the other side for dwellings and five feet on the other side for garages.

(6)

Distance between dwellings. Minimum distance between dwellings is 15 feet.

(7)

Height limitation. The height limitation is two stories not to exceed 35 feet.

(8)

Openings prohibited on zero lot line side. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of opening; provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit and a solid wall at least eight feet in height is provided on the zero lot line. The wall shall be constructed of the same material as exterior walls of the unit. Opaque openings or high-level windows above eight feet in height shall be allowed. There is no restriction on openings where a wall is located on a zero lot line facing open space.

(9)

Open space. Each zero lot line development shall provide not less than 20 percent of the gross land area for common open space, which shall be concentrated in large areas and designed to provide either passive or active recreation and owned and maintained in the same manner as provided for single-family districts in this section. Zero lot line development shall be owned and maintained as follows:

a.

If under one ownership, owned and maintained by the ownership;

b.

Held in common ownership by all the owners of the development by means of a homeowners' association. Such homeowners' association shall be responsible for maintenance of the common open space. If such open space is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners' association accordingly. If unpaid, such bills shall be a lien against the homeowners' association; or

c.

Dedicated for public use if accepted by the city legislative authority or other appropriate public agency.

(10)

Perimeter buffer. A ten foot minimum width buffer strip is required on all boundaries of the development. A 100 percent sight-obscuring wall, fence or landscape shall be established along all boundaries. The ten foot buffer strip inside this sight-obscuring screen may be part of the lots, or may be an area maintained by a homeowners' association. The buffer strip may be a credit against the open space required under this section.

(11)

Walls. One wall may be contiguous between buildings.

(e)

Approval requirements. Zero lot line applications are subject to the same procedure provision in this article for PUD application review and approval. All appropriate documentation shall be submitted to the planning commission for review. The planning commission will hold a public hearing and make a recommendation to the city council. The city council shall hold a public hearing and make a final determination on the approval of the zero lot line application.

(Ord. No. 2010-4, § 60.7, 2-16-2010)

Sec. 44-102. - B-1 General Business District.

This B-1 General Business District serves several functions. It provides for the orderly development and expansion of businesses, encouraging the discontinuance of nonconforming uses and minimizing traffic and parking congestion. The district provides comparison shopper's goods, convenience goods and services, specialty goods, amusements, and services for a city-wide market. The primary purpose of the district is retail trade and services, and other uses that harmonize with such businesses.

(Ord. No. 2010-4, § 62.1, 2-16-2010; Ord. No. 2013-12, § 62.1, 12-2-2013)

Sec. 44-103. - B-2 Central Business District.

This Central Business District is the traditional downtown business district for the city. Normally found in the central business district are retail stores offering comparison shopper's goods, specialty stores, business services, banks and other financial institutions, offices, theaters, and government buildings. The use of land is intensive and this intensity of use is one of the main determinants of the vitality of the central business district. It is the purpose of these regulations to encourage such intensity of use and to exclude activities which have a negative effect upon the proper functioning of the downtown area.

(Ord. No. 2010-4, § 62.3, 2-16-2010; Ord. No. 2013-12, § 62.2, 12-2-2013)

Sec. 44-104. - M-1 Light Manufacturing District.

This M-1 Light Manufacturing District is intended for industrial uses, which are not offensive to nearby commercial or residential uses, and for business uses which generally support and are integrated with these industrial uses. Further development of residences is prohibited from these districts to prevent residences from being established under strongly adverse conditions and to conserve the supply of industrial land.

(Ord. No. 2010-4, § 62.4, 2-16-2010; Ord. No. 2013-12, § 62.3, 12-2-2013)

Sec. 44-105. - M-2 Heavy Manufacturing District.

This M-2 Heavy Manufacturing District is for heavy industrial activities which may be offensive, or incompatible, if located near commercial or residential uses and for limited business uses which support or are compatible with, these heavy industrial activities. Further development of residences is prohibited from these districts to prevent residences from being established under strongly adverse conditions and to conserve the supply of industrial land.

(Ord. No. 2010-4, § 62.5, 2-16-2010; Ord. No. 2013-12, § 62.4, 12-2-2013)

Sec. 44-106. - Table of permitted uses.

Within the business and industrial zoning districts and subject to all other requirements and conditions of this article, land and buildings may only be used for uses listed in the table of permitted uses for business and industrial districts. Uses permitted by right in the various districts are indicated by an "X" and uses permitted on appeal are indicated by an "A" in the appropriate columns of the table.

PERMITTED USES

The following table of permitted uses provides a reference for permitted uses in business and industrial districts in the city. No table can be comprehensive. When a use is requested that does not appear below, the planning commission may interpret the requested use to determine the appropriate zoning district with reference to the intent of the district and similar uses.

 

BUSINESS/INDUSTRIAL
B-1 B-2 M-1 M-2
Airport X X
Ambulance service X X X
Amusement park, amusement arcade A A X
Apparel and clothing store X X
Appliance repair - with all storage of goods, materials, and equipment and all processing and manufacturing kept within a completely enclosed building X X X
Appliance repair - with no limit to outside storage X X
Art galleries X X
Artistic programs or events X X A A
Assembly hall, coliseums and stadiums X X X X
Auto racing A A
Automobile parts sales - with inventory stored within the principal building and incidental outdoor display of goods X X X
Automobile and truck sales and rental - with or without inventory; and repair when carried on entirely within the principal building and incidental to the principal use X X X
Automobile wash X X
Bakery in which goods are sold or baked and sold on premises X X A
Bakery, wholesale, in which goods are baked on premises and sold elsewhere X X
Bank or credit bureau X X A A
Barbershops and beauty shops X X A
Billiard or pool hall X X
Boat building, repair, service and storage X X
Boat sales and rental - with or without inventory; and repair when carried on entirely within the principal building and incidental to the principal use X X X
Bottling works and dairy products X X
Bowling alley X
Broker, investments, loans X X
Building or general contractors with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings X X X
Building or general contractors with outdoor storage of supplies, equipment, or machinery X X
Building supplies and materials, glass sales and installation with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings X
Building supplies and materials, glass sales and installation with storage yard X X X
Bus passenger station X X
Cemeteries, mausoleums X A A
Charitable and philanthropic organizations X X
Churches and other places of Worship including Sunday School buildings, parish houses, rectories and other residences of clergy X A
Cleaning of building exteriors, disinfecting or exterminating establishments with all materials and equipment completely enclosed within the principal building X X X
Cold storage facility X X
Colleges and universities, private and public X
Clubs - membership X X
Clubs, entertainment - e.g., dance hall, nightclub, etc. X
Community centers X X
Dancing or music schools X X
Dental and medical offices and clinics (excluding veterinarians) X X
Dental supplies X X A
Diaper service X X
Dressmaker X X A
Drive-in eating and drinking establishment and establishment catering to "take-out trade X A
Drive-in theater X A A
Driving school X X X
Dry cleaning, laundering, dyeing or diaper service of an industrial or non-retail nature X X
Dry-cleaning or laundry for retail only X X
Education facilities and industrial research X X X X
Electrical and industrial equipment repair X X
Electrical contractors with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings X X X
Exterminating establishment with all material and equipment completely enclosed within the principal building X X X
Fair, carnival, rodeo, etc. A X X
Farm equipment sale, rental and repair X X
Farmer's market X X
Feed and grain sales with storage X X
Food prepared for catered events and receptions X
Food or drink sales (restaurants) for immediate consumption within the principal building and excluding all types of drive-in establishments serving food or drink outside of a building or catering to the "take-out" trade X X X X
Food processing in wholesale quantities except meat, fish, poultry, vinegar and yeast X X
Food specialty store, including but not limited to the following lines: meat (excluding slaughtering and eviscerating), fish, eggs, poultry, (excluding slaughtering), fruit, vegetables, candy, nuts, coffee, tea, confection, dairy products, health foods, bakery (retail) X X A
Foundries producing iron and steel products X
Funeral parlors, mortuaries X A
Furniture and appliance repairer, home improvement company, upholster, general contractor or workman, building materials company, sign making company with all storage of goods, materials and equipment and processing and manufacturing kept within a completely enclosed building or buildings X X X
Furniture manufacturing X X
Gas - natural and propane bulk storing A X
Gasoline - bulk terminal plants for wholesale storage A X
Golf courses, miniature golf, and driving ranges X X X
Government buildings used exclusively by the federal, state, county or city for purposes except for garages, repair or storage yards, warehouses and buildings used for industrial type operations, or operations requiring heavy and frequent movement of trucks X X X X
Greenhouse and nursery, commercial X X
Grocery, delicatessen, supermarket or other store carrying a variety of food and related goods X X
Gymnasium or skating rink X X
Handicrafts - manufacture and sale of handicrafts at retail or wholesale which are manufactured predominantly by hand and involve the application of artistic skills X X X X
Hatcheries X
Health centers, massage and steam baths X X
Heliports A A A A
Hospital supplies X X X
Hospitals (excluding animal hospitals) X X
Incinerators X
Industrial equipment machinery repair, service A X X
Insurance company or agency X X
Interior decorator X X
Junkyards - providing all conditions set forth below are met: A
1. No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other causes.
2. All paper, rags, cloth and other fibers and activities involving the same other than loading or unloading shall be fully within enclosed buildings.
3. In order to lessen the adverse effect on adjoining property, reduce windblown trash, prevent hazards to children and create a more healthful environment, suitable screening such as screen planting or fencing will be required as a condition set in approving a junkyard.
Kennel, commercial, or other establishment where the care, breeding or sale of animals is the principal purpose of the enterprise, with no animals to be located within 500 feet of any residentially zoned property or 100 feet from any property line X X X
Kindergartens and day nurseries meeting all requirements of appropriate state and local regulations and standards X X
Laboratories serving professional requirements for dentist, doctors, etc. X A A
Laboratory supplies X X A
Laundry or dry-cleaning for retail only X X X
Laundering plant, dry-cleaning, or dyeing, diaper service X X
Letters, duplicating and mailing X X A A
Libraries X X
Lodges, fraternal and social organizations, union halls, headquarters for Scout and other youth organizations X X A
Machine tool manufacturing X
Magazine or newspaper distribution X X X
Manufactured home sales X X
Manufacturing uses not otherwise named herein upon the approval of the board of adjustment provided that no use shall be permitted in this section which is likely to be dangerous, offensive or detrimental to the health, safety, welfare or general character of this zoning district, or of the community by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibration, glare, or otherwise A A
Meat processing and packing X
Mechanical (light) or light industrial operations not offensive, obnoxious, or detrimental to neighboring uses by reason of dust, smoke, vibrations, noise, odor or effluents X X
Medical and dental offices and clinics, excluding veterinarians X X
Mini-storage X X
Motels, hotels, tourist homes X X
Motor vehicle repairs excluding full body paint spraying, body and fender work except replacement, carried on within structures with storage of wrecked vehicles or parts permitted only behind the principal building. Such storage of vehicles or their parts will be incidental to the principal business and will not constitute a junk yard X X X
Motor vehicle repairs including full body paint spraying and all body and fender work carried on within a structure with storage of wrecked vehicles or parts permitted only behind the principal building. Such storage of vehicles or their parts will be incidental to the principal business and will not constitute a junk yard X
Motorcycle sales, rental and repair when repair is carried on within the principal building X X
Museums, art galleries X X
Music or dancing school X X
Newspaper or magazine distribution X X X
Newspaper publishing X A X
Nurseries (day) and kindergartens meeting all requirements of appropriate state and local regulations and standards X X X
Nursery and greenhouse, commercial X X
Nursing homes and assisted living facilities X
Office - professional, business, administrative executive and other offices having no storage of stock (other than samples) or heavy equipment, and no sales of commodities on the premises X X A
Offices - any which is incidental to use otherwise permitted in the district or which functions itself as all or part of a use otherwise permitted within the district X X X X
Parking lot, on-site or off-site or parking structure for employees, customers, or visitors for any business or industrial use, or commercial or public parking lot or parking structure X X X X
Parks, public or private X X A
Patrol system or burglar alarm watching service X X X X
Pawnshop X X
Penal and Correctional Institutions A X X
Personal service establishments providing but not limited to barbershops and beauty shops, shoe repair agencies, photographers, reducing salons, tailors, dressmakers X X
Photographers X X
Playgrounds X A
Plumbing supplies and equipment with outside storage of materials X X
Plumbing supplies and equipment without outside storage of materials X X X X
Printing, blueprinting, engraving or other reproduction - services with no limit as to floor area X X X X
Radio and television transmitting towers and stations A A X X
Radio and television stations excluding transmission towers X X X X
Railroad passenger stations X X X X
Repair shop for repairs or adjustments to bicycles, small appliances, watches, locks, musical instruments, guns and similar items conducted wholly within a building with no outside storage of materials or equipment X X
Rescue service X X X
Research and education facilities X X X
Residences, above street level X
Residences, other than listed A
Restaurant supplies (sales) X X A
Retail stores not otherwise listed and selling or renting goods on the premises with no outdoor storage and incidental outdoor display of goods during business hours, including but not limited to the following:
Service stations (gasoline) but not including body work, major repair, dismantling for the recovery of parts, or storage of vehicles or parts of vehicles for more than five days X X X X
Shoe repair shop X X
Sign making company - with all storage of goods, materials and equipment and all processing and manufacturing kept within a completely enclosed building or buildings X X X
Sign manufacturer X X
Skating rink X X A
Specialty stores selling or renting goods predominately - at retail on the premises, including but not limited to the following lines: tobacco, news, books, stationery, gifts, novelties, cards, flowers, jewelry, luggage, optical goods, sporting goods, bicycles, pets, hobbies, toys, coins, stamps, photo supplies, art supplies, works of art, music, musical instruments, hobby goods, sewing machines, radio and TV sales and service X X
Stadiums, coliseums, assembly halls X X X X
Storage of commercial vehicles (where not an accessory use to another use which is permitted) A X X
Storage (outside) of heavy materials and equipment A X
Storage, moving, warehousing establishment X X
Taxi dispatching station X X X
Taxi terminal X X X X
Telecommunications towers A A X X
Telegraph or messenger service X X A A
Theater excluding drive-in X X
Tire recapping and retreading X X X
Tourist homes, hotels and motels X X
Trade and vocational schools X X X
Travel agencies X X
Truck or rail freight yard or terminal X X
Upholsterer with all storage of goods, materials, and equipment and all processing and manufacturing kept within a completely enclosed building or buildings X X X
Upholsterer X X
Utility (public) distribution lines, transformer stations transmission lines and towers, water tanks and towers, and telephone exchanges but not service or storage yards X X X X
Utility (public) storage yards X X
Veterinary hospitals and animal clinics X A X X
Welding shops A X X
Wholesaling or distribution, including the handling of stock and incidental retail A X X

 

(Ord. No. 2013-12, § 62.5, 12-2-2013; Ord. No. 2014-4, 5-8-2014)

Sec. 44-124. - Tables of area and dimensional and minimum yard requirements.

Area, yard and height requirements for the various zoning districts shall be as specified in the following table. The area and dimensional requirements for each zoning district appear in the appropriate column.

Zone
District
Maximum
Building
Height
(ft.)
Minimum Lot
Area
(sq. ft.)
Minimum
Lot Area per
Dwelling Unit
(sq. ft.)
Minimum
Lot Width
at Bldg.
Line
(ft.)
Minimum
Lot Width
at Front
Lot Line
(ft.)
FAR 35 15,000 15,000 100 70
R-1 35 12,000 7,500 90 50
R-2 35 9,000 3,000 70 45
MH-1 Area and dimensional requirements are specified in section 44-70
B-1 65
B-2 65
M-1
M-2

 

MINIMUM YARD REQUIREMENTS

Zone District
Front*
(ft.)
Rear
(ft.)
Interior Side**
(ft.)
Street Side***
(ft.)
FAR 30 15 10 30
R-1 25 10 10 25
R-2 25 10 10 25
MH-1 Area and dimensional requirements are specified in section 44-70
B-1
B-2
M-1 40 25 15 25
M-2 50 25 25 25

 

Notes:

— = No requirement.

* See Section 44-125(b).

** A side yard not abutting a street right-of-way.

*** A side yard that abuts a street right-of-way.

(Ord. No. 2010-4, § 70, 2-16-2010; Ord. No. 2013-12, § 70, 12-2-2013)

Sec. 44-125. - Exceptions.

(a)

Lots of records. Where the owner of a nonconforming lot of record does not own or cannot reasonably acquire sufficient land to enable him to conform to the requirements of this chapter relating to lot area, lot width, or both, such lot of record may be used by the owner as a building site upon approval of a variance by the zoning board of adjustments; provided that where two abutting lots of record are held under the same ownership, and where one or both of these lots are nonconforming, they shall be considered as a single lot of record for the purpose of meeting the requirements of the zoning district in which such lots are located.

(b)

Front yards reduced. The front yard requirements of this chapter shall not apply to any lot where the average front yard on developed lots located in whole or in part within 100 feet on each side of such lot and within the same block and zoning district and fronting on the same street as such lot is less than the minimum required front yard. In such cases, the front yard on such lot may be less than the required front yard but not less than the average of the existing front yards on the developed lots; provided, however, the front yard on such lot shall not be less than one-half the required front yard. For the purpose of computing such average, an adjacent vacant lot shall be considered as having the minimum required front yard specified for that zoning district.

(c)

Height limitations. The height limitations of this article shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, masts, aerials and similar structures, except as otherwise provided in the vicinity of airports.

(Ord. No. 2010-4, § 72, 2-16-2010; Ord. No. 2013-12, § 72, 12-2-2013)

Sec. 44-151. - Required; exception.

(a)

At the time of the erection of any new building or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guestrooms, seats, or floor area, or before conversion from one type of use or occupancy to another, the owner shall provide permanent off-street parking and loading space in the amount specified by this article. Such parking space may be provided in a parking garage or parking lot or in driveways serving single- and two-family residences.

(b)

The provisions of this article shall not apply to the B-2 Central Business District. Parking and loading facilities provided in accordance with the terms of this article shall not subsequently be reduced below the requirements of this article.

(Ord. No. 2010-4, § 80, 2-16-2010; Ord. No. 2013-12, § 80, 12-2-2013)

Sec. 44-152. - Parking lots to be improved.

Parking lots intended to provide for the off-street parking space required by this division shall be improved and maintained with pavement materials of a standard no lower than double bituminous surface treatments; provided, this requirement shall not apply to the parking space required for residential structures having less than four dwelling units.

(Ord. No. 2010-4, § 80.1, 2-16-2010; Ord. No. 2013-12, § 80.1, 12-2-2013)

Sec. 44-153. - Joint use of parking lots.

Parking facilities for one use shall not be considered as providing the required parking facilities for any other use on the same or separate lots, except under circumstances wherein a combination of uses or other factors might require total parking facilities in excess of actual need if so determined and certified by the zoning compliance officer and subsequently approved by the board of adjustment.

(Ord. No. 2010-4, § 80.2, 2-16-2010; Ord. No. 2013-12, § 80.2, 12-2-2013)

Sec. 44-154. - Certification of minimum parking requirements.

(a)

Each application for a building permit or certificate of occupancy shall include information as to the location and dimensions of off-street parking space or loading space, if required, and the means of ingress and egress between such space and a street or alley. This information shall be in sufficient detail to enable the zoning compliance officer to determine whether or not the requirements of this article are met.

(b)

The certificate of occupancy for the use of any building, structure or land where off-street parking space is required shall be withheld by the building inspector until the provisions of this article are fully met. If at any time such compliance ceases, any certificate of occupancy which shall have been issued for the use of the property shall immediately become void and of no effect.

(Ord. No. 2010-4, § 80.3, 2-16-2010; Ord. No. 2013-12, § 80.3, 12-2-2013)

Sec. 44-155. - Free flow of traffic and pedestrian protection.

(a)

Access and egress for parking facilities shall be so arranged for the free flow of vehicles at all times and to prevent the blocking or endangering of vehicular or pedestrian traffic through the stopping or standing of vehicles on sidewalks or streets. If a reservoir of vehicle standing area on the property is necessary to prevent such blocking of traffic, an adequate reservoir shall be provided. No parking space shall be closer than eight feet to a right-of-way.

(b)

No access or egress driveway, except for single- and two-family houses, shall be so arranged that vehicles can enter or leave the area only by backing on or across any sidewalk or to or from any street.

(c)

Adequate sight distances shall be maintained for vehicles and pedestrians.

(Ord. No. 2010-4, § 80.4, 2-16-2010; Ord. No. 2013-12, § 80.4, 12-2-2013)

Sec. 44-156. - Remote parking space.

(a)

All dwelling units, motels, tourist courts, tourist homes and trailer parks, shall have the required parking spaces provided on the lot on which such dwelling type unit is located. For all other uses, if the off-street parking space required by this division cannot reasonably be provided on the same lot on which the principal use is located, such space may be provided on any land within 400 feet of the main entrance to such principal use. Said land shall be used for no other purpose so long as no other adequate provisions for parking space meeting the requirements of this division have been made for the principal use.

(b)

In such cases, the applicant for a permit for the principal use shall submit with his application for a building permit an instrument duly executed and acknowledged, which subjects said land to parking use in connection with the principal use for which it is made available.

(Ord. No. 2010-4, § 80.5, 2-16-2010; Ord. No. 2013-12, § 80.5, 12-2-2013)

Sec. 44-157. - Dimensional requirements.

Off-street parking shall be provided in the dimensions shown in the table set forth in section 44-158.

(Ord. No. 2010-4, § 80.6, 2-16-2010; Ord. No. 2013-12, § 80.6, 12-2-2013)

Sec. 44-158. - Minimum parking requirements.

MINIMUM DIMENSIONS

Angle of Parking
Parking Space
Depth
Parking Space
Width
Aisle Width (1)
0 degrees (e.g., tandem or parallel parking) 24 ft. 8.6 ft. (2) 12 ft.
30 to 45 degrees 19 ft. 9 ft. (2) 13 ft.
46 to 60 degrees 21 ft. 9 ft. (2) 18 ft.
61 to 90 degrees 18 ft. 9 ft. (2) 24 ft.

 

Notes:

(1) The zoning compliance officer may require greater aisle widths where slopes or other obstructions are encountered.

(2) Each parking space that is adjoined on either side of its longer dimension by a fence, wall, partition, column, post, or similar obstruction, and the obstruction is located less than 14 feet from the access aisle measured along the length of the stall, shall have its minimum width increased by at least ten inches on the side of the obstruction.

(Ord. No. 2010-4, § 81, 2-16-2010; Ord. No. 2013-12, § 80.6, 12-2-2013)

Sec. 44-159. - Minimum parking requirements; type of use and required off-street parking.

Type of Use
Required Parking
Residential and Related Uses
Residential use 1.5 parking spaces on the lot for each dwelling unit
Bed and breakfast facilities One space for every two rooms subject to rental, in addition to the normal residential requirements
Home occupations not otherwise listed 1.5 space per dwelling unit plus parking as required for other uses
Hotel, roominghouse or boardinghouse, motel or motor court One parking space for each room to be rented
Public and Semi-Public Uses
Hospitals, sanitariums, rest and convalescent homes, and similar institutions 1.5 spaces per bed intended for patients, except bassinets or beds in student nurses quarters
Auditoriums, stadiums, assembly halls, gymnasiums, theaters, community recreation centers, churches, museums, art galleries, funeral homes and public libraries One space per four fixed seats in the largest assembly room or area or for the accommodation of movable seats in the largest assembly room, or one space per 150 square feet of gross floor area, whichever is needed by the facility, plus one space for every two employees on shift of greatest employment
Public or private club One space per 100 square feet of gross floor space
Office and Banks
Clinic or doctor's office Three spaces for each doctor plus one space for every two employees
Banks One space per 200 square feet of gross floor plus one space for every two employees
Professional and business offices One space per 500 square feet of gross floor area
Retail and Other Commercial
Retail stores, as follows:
Stores selling merchandise generally characterized by high bulk and high cost such as furniture, appliances, large hardware items, business machines, restaurant equipment, bicycles, guns, light fixtures, floor covering, radio, television, auto accessories, building materials, home furnishings One space per 500 square feet of gross floor area
New and used car sales, manufactured home and truck trailer sales, outdoor equipment and machinery sales, commercial nurseries, roadside stands, farm implements Four spaces for each sales person, plus one space for every two employees on shift of greatest employment
Service stations Five spaces for each grease rack and five spaces for each wash rack plus one space per 500 square feet of gross sales area
Other retail trade or services One space per 300 square feet of gross floor area
Restaurants, diners, and nightclubs One space for every three seating accommodations, plus one space for every two employees on shift of greatest employment
Funeral home One space for every four seats in the chapel or parlor
Indoor and outdoor commercial recreation One space per 150 square feet of gross floor, building or ground area devoted to such use, or one space for each four seats of facilities available for patron use, whichever is needed by the facility. Land not occupied by customers such as land in front of the drive tees of a driving range will be excluded when calculating parking
Wholesale and Industrial Uses
Wholesaling and industrial uses One space per 500 square feet of sale area and one space for every two employees at maximum employment

 

(Ord. No. 2013-12, § 81, 12-2-2013)

Sec. 44-160. - Loading and unloading space.

Every building or structure used for business, trade or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley, or, if there is no alley, to a street. For the purposes of this section, a loading berth shall have minimum plan dimensions of 12' × 25' overhead clearance. In no case shall the use of loading and unloading space hinder the free movement of vehicles and pedestrians over a street, sidewalk or alley.

Use Classification
Off-Street Loading Requirements
Retail operations One loading for every 20,000 square feet of floor area
Office buildings and hotels with a total usable floor area of 100,000 square feet or more devoted to such purposes One loading berth for every 100,000 square feet of floor area
Industrial and wholesale operations One loading berth for every 100,000 square feet of floor area

 

(Ord. No. 2010-4, § 82, 2-16-2010; Ord. No. 2013-12, § 82, 12-2-2013)