This chapter, in pursuance of the authority granted by the legislature of the state of Oklahoma in sections 43-101 through 43-109 of title 11 of the Oklahoma Statutes, shall be known as the ZONING ORDINANCE OF THE CITY OF HARRAH, and may be cited as such. (1986 Code)

The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; and to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities. In interpreting and applying the provisions of this chapter, they shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare. (1986 Code)

   A.   This chapter classifies and regulates the use of land, buildings and structures within the corporate limits of the city as hereinafter set forth, by dividing the city in zones and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings, and the density of population.

   B.   Except as hereinafter otherwise provided, no land shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in conformity with the regulations contained herein. (1986 Code)

For the purpose of this chapter, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.

ACCESSORY BUILDING: A subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises.

ACCESSORY USE: Use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.

ADULT ENTERTAINMENT USES: As follows:

   A.   Adult Amusement Or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing, or relating to sexual conduct or sexual anatomical areas, including, but not necessarily limited to, topless or bottomless dancers, strippers, male or female impersonators, or similar entertainment.

   B.   Adult Bookstore: A place of business having a significant portion of its stock-in-trade books, films, magazines, printed material, and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.

   C.   Adult Motel: A place of business wherein material is presented, as part of the motel service, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.

   D.   Adult Motion Picture Arcade: A place of business where slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images which, when displayed, are distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.

   E.   Adult Motion Picture Theater: A place of business, generally in an enclosed building, used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.

   F.   Adult Novelty Shop: A place of business that displays, sells, or offers for sale instruments, devices, or paraphernalia designed or marketed primarily for use to stimulate human genital organs or for use in connection with sadomasochistic practices.

ADVERTISING SIGN OR STRUCTURE: Any cloth, card, paper, metal, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including a statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this chapter.

AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feed pens, sales yards, and auction yards for horses, cattle or hogs shall be deemed an industrial and not an agricultural use.

ALLEY: A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

ANIMAL FEEDING OPERATION: Any lot or facility (other than an aquatic animal production facility) where the following conditions are met:

   A.   Animals have been, are, or will be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12) month period, and

   B.   Crops, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

   C.   Two (2) or more animal feeding operations under common ownership are considered, for the purposes of this law, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

APARTMENT HOUSE: See definition of Multiple-Family Dwelling.

AUTOMOBILE: A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including, but not limited to, the following: passenger cars, trucks, buses, motor scooters and motorcycles.

AUTOMOBILE SERVICE STATION: Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, or other automobile accessories, and incidental services including facilities for lubricating, handwashing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic automobile washing of more than one bay, or the sale of butane or propane fuels.

BAR: Those establishments operating under the licensing requirements for the sale of three and two-tenths percent (3.2%) beer by the Oklahoma ABLE commission (see also definition of Tavern).

BASEMENT: A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half (1/2) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

BOARDING HOUSE: A dwelling other than a hotel where for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided for three (3) or more, but not exceeding twelve (12) persons on a weekly or monthly basis.

BUILDING: Any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.

BUILDING HEIGHT: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

CHILDCARE CENTER: Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to the churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are in services or meetings or classes or other church activities.

CLUB: Those establishments operating as a mixed beverage outlet as licensed by the Oklahoma ABLE commission.

COMMUNITY BASED CARE FACILITY: Any public, quasi-public or private care facility which due to the area requirements, traffic generation, light or noise generation have the potential for seriously impacting the surrounding land uses. Typical uses include convalescent or nursing homes, drug or alcohol treatment centers, work-release facilities, community shelters and feeding sites, hospitals and sanatoriums.

COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs, including carports.

DISTRICT: Any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.

DWELLING: Any building or portion thereof, which is designed or used as living quarters for one or more families.

DWELLING, MULTIPLE: A detached dwelling designed to be occupied by three (3) or more families living independently of each other, exclusive of hotels or motels.

DWELLING, SINGLE-FAMILY: A detached dwelling designed to be occupied by one family.

DWELLING, TWO-FAMILY: A detached dwelling designed to be occupied by two (2) families living independently of each other.

FAMILY: One or more persons occupying the premises and living as a single housekeeping unit. It is distinguished from a group occupying a boarding house, lodging house, club, sorority or fraternity, hotel, motel or other transient or seasonal facility.

FAMILY GROUP HOME: The same as "family home" but the residential capacity is seven (7) to fifteen (15).

FAMILY HOME: A public, quasi-public or private facility that because of the nature and scale of the program is compatible with a residential setting. Individuals may occupy the facility on a permanent or temporary basis. Residents may be in need of supervision or treatment and may be mentally or physically handicapped, aged, disabled or undergoing rehabilitation. Residents may be assigned to the facility by a court but not as a result of being adjudicated criminal or delinquent. The maximum number of residents is six (6). Typical uses include home for neglected or dependent children, home for mentally or physically handicapped, transitional living center, battered spouse shelters.

GARAGE APARTMENT: A dwelling unit for one family erected above a private garage.

GARAGE, PARKING: Any building, or portion thereof, used for the storage of four (4) or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.

GARAGE, PRIVATE: An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.

GARAGE, REPAIR: A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.

HIGH IMPACT INSTITUTIONAL: Any public, quasi-public or private facility which due to the area requirements, traffic generation, light and noise generation or nature of intended activities has the potential for major impact on surrounding land uses. Typical uses include colleges, forced detention centers or correctional facilities, military installations or universities.

HOME OCCUPATION: A use conducted within an occupied residential property provided that:

   A.   Restricted To Family Members: No person other than members of the family residing on the premises shall be engaged in such occupation on the premises.

   B.   Accessory Use: The accessory use for the property shall be clearly incidental and subordinate to its use for residential purposes. The home occupation may be conducted within the dwelling unit or an accessory building. The home occupation shall occupy the lesser of twenty five percent (25%) of the gross floor area of the residential structure not to exceed five hundred (500) square feet.

   C.   Building Appearance: The primary and secondary buildings shall appear residential in nature.

   D.   Nameplates: One nonilluminated nameplate not more than four (4) square feet in area attached to the main or accessory building.

   E.   Traffic Generation: No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

   F.   Equipment Or Process Limitations: No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, electrical interferences detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

   G.   Limitation On Signs: Whenever the name of a home occupation is posted on a receptacle for receiving mail, it shall be posted with letters not to exceed two inches (2"). It shall be unlawful to have any other names, illustrations, displays or insignias placed on, around or near the mail receptacle that will in any way make more noticeable or draw attention to the home occupation or shall change the character of the neighborhood.

HOTEL: A building or group of buildings under one ownership containing six (6) or more sleeping rooms occupied or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.

KENNEL: Any lot or premises on which are kept four (4) or more dogs, more than six (6) months of age.

LOT: Any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as are required by this chapter and other laws or ordinances, and having its principal frontage on a street.

LOT AREA: The total area measured on a horizontal plane included within lot lines.

LOT AREA, GROSS: The method of calculating lot area to include abutting street right of way or easement. Applicable in the A-1 general agriculture district and A-2 suburban district for all permitted agricultural or residential uses with a minimum lot size of five (5) acres including abutting street right of way or easement.

LOT, CORNER: A lot which has at least two (2) adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).

LOT DEPTH: The average horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

LOT, FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

LOT LINES: The lines bounding a lot.

LOT SPLIT: The simple division of a single parcel of land into three (3) or fewer lots, principally for the purpose of transferring ownership.

MANUFACTURED HOME: A dwelling unit constructed to be towed on its own chassis and capable of connection to utilities for year-round occupancy fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the federal manufactured housing construction and safety standards code.

MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS: The standards for the construction, design and performance of a manufactured home as mandated in the United States of America and as administered by the United States department of housing and urban development.

MEDICAL FACILITIES: A. Convalescent, Rest, Or Nursing Home: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

   B.   Dental Clinic Or Medical Clinic: A facility for the examination and treatment of ill and afflicted human outpatients, provided that patients are not kept overnight except under emergency conditions.

   C.   Dental Office Or Doctor's Office: Same as dental or medical clinic.

   D.   Hospital: An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

   E.   Public Health Center: A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

   F.   Sanatorium: An institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

MOBILE HOME: A portable or mobile living unit used or designed for human occupancy on a permanent basis.

MOBILE HOME PARK: A parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by one or more mobile homes.

MOTEL: An area containing one or more buildings designed or intended to be used as temporary sleeping facilities for one or more transient persons or families and intended primarily for automobile transients.

NONCONFORMING USE: A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

PWECS: Private wind energy conversion systems.

RECREATION VEHICLE: All vehicles and portable structures built on a chassis, designed as a temporary living unit during travel, recreational, and vacation activities.

RIGHT OF WAY: A strip of land dedicated in fee simple or by easement to be occupied or intended to be occupied by a street, crosswalk, railroad, road; electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another public utility or special use.

RIGHT-OF-WAY LINE: A boundary or dividing line between a lot, tract or parcel of land and a contiguous street easement. Also it is a line between public and private ownership responsibility.

ROOMING HOUSE: A building where lodging only is provided for compensation to three (3) or more, but not exceeding twelve (12) persons. A building which has accommodations for more than twelve (12) persons shall be defined as a "hotel" under the terms of this chapter.

SELF-SERVICE LAUNDRY OR DRY-CLEANING ESTABLISHMENT: Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth, fabrics, and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.

STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

STREET: Any public or private thoroughfare which affords the principal means of access to abutting property.

STREET, INTERSECTING: Any street which joins another street at an angle, whether or not it crosses the other.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.

TAVERN: Those establishments operating under the licensing requirements for the sale of three and two-tenths (3.2%) beer by the Oklahoma ABLE commission (see also definition of Bar).

TOURIST HOME: A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation.

TRAILER, HAULING: A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods, or commodities, including boats.

TRAILER, TRAVEL OR CAMPING: A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.

TRAVEL OR CAMPING TRAILER PARK OR CAMP: A parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by one or more travel trailers or camping trailers or other camping unit either attached to or detached from the prime mover.

YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

YARD, FRONT: A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.

YARD, REAR: A yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

YARD, SIDE: A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (Ord. 1990-17, 8-16-1990; amd. Ord. 1991-12, 8-13-1991; Ord. 1994-10, 4-1-1994; Ord. 1994-15, 5-19-1994; Ord. 1995-12, 10-19-1995; Ord. 1996-3, 3-7-1996; Ord. 1997-9, 6-19-1997; Ord. 1997-13, 9-4-1997; Ord. 2008-5, 5-15-2008; Ord. 2025-10, 9-4-2025)

   A.   Where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:

      1.   Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines, or highway right of way lines, such centerlines, street lines, a or highway right of way lines shall be construed to be such boundaries.

      2.   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries.

      3.   Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of right of way lines of highways, such district boundaries shall be construed as being parallel thereto and at such scaled distance therefrom as indicated on the zoning maps.

      4.   Where the boundary of a district line follows a railroad line, such boundary shall be deemed to be located on the easement line to which it is closest, which shall completely include or exclude the railroad easement unless otherwise designated. (1986 Code)

The regulations, restrictions, prohibitions and limitations imposed and the districts created may, from time to time, be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the planning commission, after notice and public hearing as herein provided, files with the city council a report and recommendation on a proposed change. (1986 Code)

An owner or duly authorized agent or representative may make application for the amendment of the zoning restrictions applicable to that property by filing with the planning commission a written application in such form and content as the planning commission may, by resolution, establish. The written application shall be filed in the office of the city clerk along with the required fee, as provided herein, in order to have such application placed on the planning commission agenda. All costs of notice and posting shall be billed to the applicant and paid by the applicant. (1986 Code)

   A.   A public hearing before the planning commission is required for consideration on applications for zoning amendments. Upon receipt of an application the planning commission shall set a date for public hearing not less than twenty (20) days nor more than sixty (60) days from the date of filing with the city clerk.

   B.   Public notice for consideration of a zoning amendment before the planning commission as herein provided shall require the following notice:

      1.   At least fifteen (15) days' notice of the time and place of such hearing shall be placed for publication by the city clerk in an official paper or a paper of general circulation in the municipality.

      2.   At least twenty (20) days prior to the public hearing, the city clerk shall mail written notice to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property being considered for rezoning. The notice shall contain: a) legal description of the property and the street address or approximate location in city; b) present zoning and classification of the property and the classification sought by the applicant; and c) date, time and place of the public hearing.

      3.   At least twenty (20) days prior to the public hearing, a sign shall be placed by the applicant on the subject property affected by the zoning application with lettering of sufficient size to be clearly visible and legible from the nearest public street or streets to which the subject property adjoins or faces. Such signs shall contain information giving date, time and place of public hearing and before whom the public hearing shall be conducted; and shall indicate the present zoning and classification of the property and the classification sought by the applicant. (1986 Code)

   A.   After notice and public hearing, the planning commission may move to take application under consideration for a period not to exceed seventy (70) days from the date of the public hearing. When action is taken by the planning commission on the application, it shall vote to:

      1.   Recommend to the city council that the application be approved as submitted, or as amended, or be approved subject to modification; or

      2.   Recommend to the city council that the application be denied.

   B.   An application to recommend approval shall be transmitted with the report and recommendation of the planning commission within fifteen (15) days from the date of the planning commission action to the city council for further action.

   C.   An application recommended for denial shall not be considered further unless the applicant, within fifteen (15) days from the date of the planning commission action, files a written request with the city clerk for a hearing before the city council. Upon notice of such request from the city clerk, the planning commission shall forthwith transmit the application and its report and recommendation to the city council. (1986 Code)

Before action is taken by the city council on the application, the council may move to take under consideration the application for a period not to exceed ninety (90) days from the date of public hearing. After consideration, the city council shall approve the application as submitted and recommended by the planning commission, or deny the application, or return the application to the city planning commission for further study. If approved there shall be required an ordinance which shall describe the district amendment and cause the official zoning map to be amended. (1986 Code)

If a written request against an amendment, change, or repeal of the ordinance amending the zoning on any subject property is filed with the city council within three (3) days before the time and place of the public meeting by the city council by owners of twenty percent (20%) or more of the area of the lots included in such proposed change, or by the owners of fifty percent (50%) or more of the area of the lots immediately abutting any side of the territory included in such proposed change, or separated therefrom only by an alley or street less than three hundred feet (300') wide, such zoning amendment shall not become effective unless by the favorable vote of three-fifths (3/5) of all the members of the city council. (1986 Code)

Each application for zoning amendment shall be accompanied by the payment of a fee based upon the current city fee schedule.

Actual publication and notification costs will be the responsibility of the applicant. (Ord. 2023-5, 5-4-2023)

The city council may from time to time, on its own motion or on petition, amend the regulations and districts herein established. Every petition for amendment shall be submitted to the planning commission for investigation and reported to the city council. At least fifteen (15) days' notice shall be published in a newspaper of general circulation in the city to advise of the time and place of the public hearing to be held on such proposed amendment before the city council. In case of a protest against such proposed amendment signed by owners of twenty percent (20%) or more, (either of the area of the lots included in such proposed change, or by the owners of 20 percent or more of the area of the lots immediately abutting either side of the territory included in such proposed change, or separated therefrom only by an alley or street), such amendment shall not become effective except by the favorable vote of three-fifths (3/5) of all the members of the city council. (1986 Code)

   A.   The city is hereby divided into zones as shown on the zoning map filed with the city clerk. The map as amended and all explanatory materials thereon is hereby made a part of this chapter. Zoning districts shall be designated as follows:

      1.   Agricultural Districts:

         a.   A-1 general agricultural district.

         b.   A-2 suburban district.

      2.   Residential Districts:

         a.   RE residential estates districts.

         b.   R-1A single-family dwelling district.

         c.   R-1B single-family dwelling or freestanding mobile home district.

         d.   R-2A medium population density residential district.

         e.   R-2B high population density residential district.

         f.   R-2C mobile home district.

      3.   Commercial Districts:

         a.   C-O commercial office district.

         b.   C-1 local commercial district.

         c.   C-2 general commercial district.

         d.   C-3 highway and open display commercial district.

         e.   CBD central business district.

      4.   Industrial Districts:

         a.   I-1 restricted manufacturing and warehousing.

         b.   I-2 general industry.

         c.   I-3 heavy industry.

      5.   F-Flood Plain District. (Ord. 1991-13, 8-1-1991; amd. Ord. 2023-5, 5-4-2023)

This district is intended to provide an area primarily for either agricultural endeavors involving five (5) or more acres under one ownership or the extraction of the various products such as oil, minerals, rock, and gravel from the earth. The rural nature and low density of population in this district requires that uses essential to agriculture, mining, quarrying, and extraction have a reasonable setback of buildings from streets and highways. It is the purpose of this district to encourage and protect such uses from urbanization until such use is warranted and the appropriate change in district classification is made. (1986 Code)

   A.   Property and buildings in an A-1 general agricultural district shall be used only for the following purposes:

Accessory buildings which are not a part of the main building, including barns, sheds and other farm buildings, private garages, and accessory buildings which are part of the main building.

All agricultural land uses, buildings and activities.

All of the following uses:

Airport or landing field.

Cemetery.

Church.

Country club.

Golf course.

Kennel.

Library.

Municipal use.

Park or playground.

Plant nursery.

Public stable or riding arena.

Public utility buildings and facilities.

School.

Detached single-family dwelling.

Drilling for and extraction of oil and natural gas in accordance with the ordinances of the city.

Manufactured home.

Mining, quarrying and extraction industries.

Mobile home subject to the following conditions being met:

      1.   The mobile home is located on ten (10) acres or more.

      2.   The mobile home is at least a doublewide.

      3.   The mobile home at the time of installation is no more than three (3) years old.

   A.   The following uses are permitted on review of the planning commission:

   A.   The following uses are regulated by the conditions as set forth in this chapter:

      1.   Family home.

      2.   Family group home.

      3.   High impact institutional. (1986 Code)

   A.   The following uses require a special permit as described in this chapter:

      1.   Communications towers, radio and television. (1986 Code)

   A.   All buildings shall be set back from street right of way lines to comply with the following yard requirements except as hereinafter provided in section 12-356 of this chapter:

      1.   Front Yards: Front yard requirements are as follows:

         a.   The minimum depth of the front yard shall be twenty five feet (25').

         b.   When a yard has double frontage, the front yard requirements shall be provided on both streets.

      2.   Side And Rear Yards: Side yard and rear yard requirements are as follows:

         a.   For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than ten feet (10') for dwellings of one story, and of not less than fifteen feet (15') for dwellings of more than one story, except as hereinafter provided in section 12-357 of this chapter.

         b.   For unattached buildings of accessory use there shall be a side yard of not less than five feet (5'); provided, however, that unattached one story buildings of accessory use shall not be required to set back more than three feet (3') from an interior side lot line when all parts of the accessory building are located more than ninety feet (90') behind the front lot line.

         c.   For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen feet (15') in case such lot is back to back with another corner lot, and twenty five feet (25') in every other case; provided, however, that the side yard setback adjacent to a federal, state, or county highway and section line road shall be the same as the front yard setback required on these facilities. The interior side yard on a corner lot shall be the same as for the dwellings and accessory buildings on an interior lot.

         d.   Churches and main accessory buildings other than dwellings and buildings accessory to dwellings shall set back from all interior side lot lines a distance of not less than thirty five feet (35'). The side yard setback from the intersecting street on the corner lot shall be the same as required for residential uses in subsection A2c of this section.

         e.   There shall be a rear yard for a main building of not less than twenty feet (20') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

      3.   Lot Width: For dwellings there shall be a minimum lot width of seventy feet (70') at the front building line, and such lot shall abut on a street for a distance of not less than thirty five feet (35'). (1986 Code)

      4.   Intensity Of Use: Intensity of use requirements are as follows:

         a.   For a single-family dwelling there shall be a gross lot area of not less than five (5) acres for each dwelling and buildings accessory thereto, except as hereinafter provided in section 12-356 of this chapter.

         b.   Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of this chapter, that lot may be used for any of the uses, except churches, permitted by this chapter, provided that all setback and other requirements of this code are met.

         c.   For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this chapter and the off street parking areas required in article D of this chapter; provided, however, that the lot area for a church shall not be less than twenty one thousand (21,000) square feet, and for each increment in seating capacity of twenty (20) persons which exceeds a seating capacity of one hundred (100) persons in the main auditorium, an additional three thousand (3,000) square feet of lot area shall be provided.

      5.   Coverage: “Coverage” means main and accessory buildings shall not cover more than twenty five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard. (1986 Code; amd. Ord. 2008-5, 5-15-2008; Ord. 2019-2, 2-21-2019; Ord. 2025-4, 3-6-2025)

No building shall exceed three (3) stories or forty feet (40') in height except as provided in section 12-357 of this chapter. (1986 Code)

This district is intended to provide a location for the land situated on the fringe of the urban area that may be either agricultural or urban in character. This area shall include lots subdivided by ownership into various shaped tracts ranging a minimum of one acre to five (5) acres in size. The use of land in this district will represent a variety of urban and rural uses including the single-family dwelling unit on a small tract, residential uses with farm animals on acreages and agricultural endeavors of a limited scale. It is the purpose of this district to promote a compatibility between uses and to encourage and provide an orderly transition from agricultural to urban character. (Ord. 1993-10, 8-19-1993)

   A.   Property and buildings in an A-2 suburban district shall be used only for the following purposes:

      1.   Agricultural crops.

      2.   Bulletin board or sign, not exceeding forty (40) square feet in area, appertaining to the lease, hire, or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired, or sold.

      3.   Church.

      4.   Detached single-family dwelling.

      5.   Drilling for and extraction of oil and natural gas in accordance with the ordinances of the city. (1986 Code)

      6.   Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling, and is operated only by the inhabitants thereof. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one nonilluminated nameplate not exceeding two (2) square feet in area attached to the main building. (Ord. 1990-17, 8-16-1990; amd. Ord. 1991-12, 8-13-1991)

      7.   Public school or school offering general educational courses the same as ordinarily given in the public schools and having no rooms regularly used for housing and sleeping. (1986 Code)

      8.   The raising of animals or poultry in accordance with the ordinances of the city and in accordance with the following provisions:

         a.   For all animals commonly known as barnyard animals, such as cattle, horses, sheep, goats, swine, llamas and related animals, there shall be provided a fenced area of not less than twenty thousand (20,000) square feet exclusive of the area covered by main buildings and required front and side yards for each animal. All structures and buildings for the care and protection of animals shall be located not closer than twenty feet (20') to a side or rear lot line. Regardless of area, a maximum of four (4) such animals are allowed.

         b.   Animals and poultry may not be kept on any lot of less than two (2) acres which does not contain an occupied dwelling.

         c.   Dogs and cats are allowed, provided that not more than four (4) such animals are allowed in addition to the animals cited in subsection A8a of this section. (Ord. 1990-1, 1-4-1990; amd. Ord. 1990-5, 5-3-1990)

         d.   Animals commonly known as fowl or poultry, such as chickens, ducks, geese and related or similar animals, are not authorized in the A-2 zoned parcels of less than two (2) acres.

         e.   No kennel, stable, chicken coop, lot, pen or any other establishment or place wherein animals are kept shall be maintained closer than one hundred feet (100') to any apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious or hospital purposes or residence other than that occupied by the owner or occupant of the premises upon which the animal is kept. (Ord. 1990-8, 5-17-1990; amd. Ord. 1990-16, 7-19-1990)

      9.   Accessory buildings which are not a part of the main building, including barns, sheds, and other farm buildings, private garages, and accessory buildings which are a part of the main building.

      10.   All of the following uses:

         a.   Country club.

         b.   County use.

         c.   Golf course or driving range.

         d.   Library.

         e.   Municipal use.

         f.   Park or playground.

         g.   Plant nursery.

   A.   The following uses are permitted on review of the planning commission:

   A.   The following uses are regulated by the conditions as set forth in this chapter:

Family group home.

Family home.

High impact institutional. (1986 Code)

   A.   The following uses require a special permit as described in this chapter:

Communications towers, radio and television. (1986 Code)

   A.   All buildings shall be set back from street right of way lines to comply with the following yard requirements except as hereinafter provided in section 12-356 of this chapter.

      1.   Front Yard: Front yard requirements are as follows:

         a.   The minimum depth of the front yard shall be twenty five feet (25').

         b.   When a yard has double frontage, the front yard requirements shall be provided on both streets.

      2.   Side Yard: Side yard requirements are as follows:

         a.   For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than ten feet (10') for dwellings of one story, and of not less than fifteen feet (15') for dwellings of more than one story, except as hereinafter provided in section 12-356 of this chapter.

         b.   For unattached buildings of accessory use there shall be a side yard of not less than five feet (5'); provided, however, that unattached one story buildings of accessory use shall not be required to set back more than three feet (3') from an interior side lot line when all parts of the accessory building are located more than ninety feet (90') behind the front lot line.

         c.   For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen feet (15') in case such lot is back-to- back with another corner lot, and twenty five feet (25') in every other case; provided, however, that the side yard setback adjacent to a Federal, State, or County highway and section line road shall be the same as the front yard setback required on these facilities. The interior side yard on a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

         d.   Churches and main accessory buildings other than dwellings and buildings accessory to dwellings shall set back from all interior side lot lines a distance of not less than thirty five feet (35'). The side yard setback from the intersecting street on the corner lot shall be the same as required for residential uses in subsection A2c of this section.

      3.   Rear Yard: There shall be a rear yard for a main building of not less than twenty feet (20') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

      4.   Lot Width: For dwellings there shall be a minimum lot width of seventy feet (70') at the front building line, and such lot shall abut on a street for a distance of not less than thirty five feet (35'). (1986 Code)

      5.   Intensity Of Use:

         a.   For a one-family dwelling there shall be a lot area of not less than one acre for each dwelling and buildings accessory thereto, except as hereinafter provided in section 12-356 of this chapter. (Ord. 1993-10, 8-19-1993)

      6.   Coverage: Main and accessory buildings shall not cover more than twenty five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard. (1986 Code)

No building shall exceed three (3) stories or forty feet (40') in height except as provided in section 12-357 of this chapter. (1986 Code)

General Description: This district is intended to provide for the intermediate stage between the one-acre to five acre lots of the A-2 Suburban District and the seven thousand (7,000) square foot lot of the R-1A single family dwelling district. (Ord. 2022-19, 7-5-2022)

   A.   Uses Permitted: Property and buildings on an R-E District shall be used only for the following purposes:

      1.   A church bulletin board or sign, not exceeding (15) square feet in area, attached to the main building or located behind the front building line one the same lot with the church building.

      2.   A temporary bulletin board, or sign, not exceeding twelve (12) square feet in area, appertaining to the lease, hire, or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.

      3.   Accessory buildings which are not a part of the main building, including one private garage, or accessory buildings which are a part of a main building, including one private garage.

      4.   Carport, subject to the following conditions and requirements.

         a.   Application for a permit for the construction of any carport shall be made by the owner or lessee of the subject property, or agent of either, or by a licensed contractor employed in connection with the proposed work.

         b.   The supporting structure of the carport shall not violate the required side yard setback.

         c.   Carports shall be located only over existing driveways.

         d.   Carports shall be kept in an attractive state, in good repair and in a safe and sanitary condition.

         e.   Carports shall be constructed, erected or installed to conform with the structural requirements of the City Building Code and shall be of an acceptable design and appearance compatible with the primary building on the property.

         f.   Carports shall not exceed fourteen feet (14') in width for a single garage and/or driveway, or twenty-six feet (26') in width for a double garage and/or driveway, or the width of such driveways plus an additional two feet (2'). All roof width measurements shall be from the eave line.

         g.   Carports extending into the front yard setback area shall not exceed ten feet (10') in height as measured from the ground to the eave line. Further, such carport shall not exceed twenty-four feet (24') in total length.

         h.   Carports shall be permanently open on two (2) sides from grade surface to the eave line, except that all portions of carports which extend into the required front yard setback shall be permanently open on three (3) sides from grade surface to the eave line.

         i.   Carports must comply with front yard setback requirements, except that carports used in conjunction with single-family or two-family dwellings shall be permitted to extend into the required front yard setback area; however, carports shall be permitted no closer than five feet (5') from the right-of-way line of a public or private street, if a revokable permit is obtained as established by regulations established by the City Council. The revokable permit may be revoked by the Harrah City Council if it is determined that the permittee has violated a provision of the terms of the permit, or that the continued use of the setback area is not in the public interest and constitutes a threat to the public health, safety and welfare.

      5.   Churches, but not including missions or revival tents or arbors. Detached single-family dwelling.

      6.   Library.

      7.   Parking lot required to serve the uses permitted in this district.

      8.   Public park or playground.

      9.   Public schools or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

   B.   Recreation vehicle covers. Recreation vehicle covers shall be a permitted use, subject to the following conditions and requirements:

      1.   Application for a permit for the construction of any recreation vehicle cover shall be made by the owner or lessee of the subject property, or agent of either or by a licensed contractor employed in connection with the proposed work. No permit issued by the City to construct recreation vehicle cover relieves the lot owner's obligation to any plat restrictions, covenants, or conditions that may prohibit or otherwise limit the construction.

      2.   Recreation vehicle covers may be located in the side yard of a residence, behind the front line of the residence, on an approved parking surface. The RV cover shall be set back five feet (5') from the property line between residences.

      3.   Recreation vehicle covers may be located in the rear yard of a residence, on an approved parking surface. The recreation vehicle covers may be located anywhere in the rear yard as long as the five-foot (5') setback is met.

      4.   Recreation vehicle covers shall be kept in an attractive state, in good repair and in a safe and sanitary condition.

      5.   Recreation vehicle covers shall be constructed, erected or installed to conform with the structural requirements of the City Building Code and shall be of an acceptable design and appearance compatible with the primary building on the property.

      6.   Recreation vehicle covers shall not exceed fourteen feet (14') in height, twenty feet (20') in width and fifty feet (50') in length.

      7.   Recreation vehicle covers shall be permanently open on three (3) sides from grade surface to the eave line.

      8.   There shall be access to side and rear yard area. Generally, access to side or rear yard storage shall be from the existing driveway. However, in some cases, the access may require the recreational vehicle to access over a curb and sidewalk. In those cases, the property owner shall be responsible for maintenance, and if determined by the Public Works Director, the replacement of curb and sidewalk damaged by such use.

      9.   Recreational vehicle covers shall comply with setback requirements and shall be permitted no closer than five feet (5') from the right-of-way line of a public or private street, if a revocable permit is obtained as established by regulations established by the City Council. The revocable permit may be revoked by the Harrah City Council if it determined that the permittee has violated a provision of the terms of the permit, or that the continued use of the setback area is not in the public interest and constitutes a threat to the public health, safety and welfare.

Temporary building of the construction industry which is incidental to the erection of buildings permitted in this district, and which shall be removed when construction work is completed.

Up to a total of four (4) dogs and cats are allowed in this district, in accordance with the ordinances of the City. Animals commonly known as barnyard animals, such as cattle, horses, sheep, goats, swine, llamas and related animals, animals known as fowl and any other animals other than dogs or cats are not an authorized use in this district.

   C.   Uses Permitted on Review: The following uses may be permitted on review by the Planning Commission in accordance with provisions contained in this Code:

Funeral parlor or mortuary.

Golf course or country club.

Home occupations.

Municipal use, public buildings and public utilities.

Pigeon loft and the keeping of pigeons, fifty (50) birds maximum.

Plant nursery in which no building or structure is maintained in connection therewith.

Private wind energy conversion systems (PWECS).

   D.   Conditional Uses: The following uses are regulated by the conditions as set forth in this chapter:

Family group home.

   A.   Requirements: All buildings shall be set back from street right of way and lot lines to comply with the following yard requirements:

      1.   Front Yard: Front yard requirements are as follows:

         a.   The minimum depth of the front yard shall be twenty-five feet (25'); and

         b.   When a yard has double frontage, the front yard requirements shall be complied with on both streets.

      2.   Side Yard: Side yard requirements are as follows:

         a.   For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than ten feet (10') for dwellings of one story and of not less than fifteen feet (15') for dwellings of more than one story, except as hereinafter provided in section 12-356 of this chapter.

         b.   For unattached buildings of accessory use there shall be a side yard of not less than five feet (5'); provided however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet (3') from an interior side lot line when all parts of the accessory buildings are located more than ninety feet (90') behind the front lot line.

         c.   For dwellings and accessory buildings located on comer lots there shall be a side yard setback from the intersecting street of not less than fifteen feet (15') in case such lot is back to back with another comer lot, and twenty five feet (25') in every other case; provided however, that the side yard setback adjacent to a Federal, State, or County Highway and section line road shall be the same as the front yard setback required by these facilities. The interior side yard of a comer lot shall be the same as for dwellings and accessory buildings on an interior lot.

         d.   Churches and main and accessory buildings thereto, other than dwellings, shall set back from all exterior and interior side lot lines a distance of not less than thirty five feet (35'). The side yard setback from the intersecting street on the comer lot shall be the same as required for residential uses in subsection A2C of this section.

      3.   Rear Yard: There shall be a rear yard for a main building of not less than twenty feet (20') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

   B.   Lot Width: For dwellings there shall be a minimum lot width of seventy feet (70') at the front building line, and such lot shall abut on a street for a distance of not less than thirty-five feet (35').

   C.   Intensity Of Use: Intensity of use requirements are as follows:

      1.   For a one-family dwelling there shall be a lot area of twenty-two thousand and five-hundred square feet (22,500) for each dwelling and building accessory there to except as provided in Section 12-356 of this chapter.

      2.   Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of this chapter, that lot may be used for any of the uses, except churches, permitted by this chapter, provided that all setback and other requirements of this code are met, and the lot is serviced by city water and sewer.?

      3.   For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in article D of this chapter; provided, however, that the lot area for a church shall not be less than fourteen thousand (14,000) square feet.

   D.   Coverage: Main and accessory buildings shall not cover more than thirty five percent (35%) of the lot area on interior lots and forty percent (40%) of the lot area of comer lots. Accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

   E.   No buildings shall exceed three (3) stories or forty feet (40') in height, except as provided in section 12-357 of this chapter. (Ord. 2022-19, 7-5-2022)

This is the most restrictive Residential District. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from the encroachment of uses which are not appropriate to residential environment. Stability of property values, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses. (1986 Code)

   A.   Property and buildings in an R-1A Single-Family Dwelling District shall be used only for the following purposes:

A church bulletin board or sign, not exceeding fifteen (15) square feet in area, attached to the main building or located behind the front building line on the same lot with the church building.

A temporary bulletin board, or sign, not exceeding twelve (12) square feet in area, appertaining to the lease, hire, or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.

Accessory buildings which are not a part of the main building, including one private garage, or accessory buildings which are a part of a main building, including one private garage.

Carport, subject to the following conditions and requirements:

      1.   Application for a permit for the construction of any carport shall be made by the owner or lessee of the subject property, or agent of either, or by a licensed contractor employed in connection with the proposed work.

      2.   The supporting structure of the carport shall not violate the required side yard setback.

      3.   Carports shall be located only over existing driveways.

      4.   Carports shall be kept in an attractive state, in good repair and in a safe and sanitary condition.

      5.   Carports shall be constructed, erected or installed to conform with the structural requirements of the City Building Code and shall be of an acceptable design and appearance compatible with the primary building on the property.

      6.   Carports shall not exceed fourteen feet (14') in width for a single garage and/or driveway, or twenty six feet (26') in width for a double garage and/or driveway, or the width of such driveways plus an additional two feet (2'). All roof width measurements shall be from the eave line.

      7.   Carports extending into the front yard setback area shall not exceed ten feet (10') in height as measured from the ground to the eave line. Further, such carport shall not exceed twenty four feet (24') in total length.

      8.   Carports shall be permanently open on two (2) sides from grade surface to the eave line, except that all portions of carports which extend into the required front yard setback shall be permanently open on three (3) sides from grade surface to the eave line.

      9.   Carports must comply with front yard setback requirements, except that carports used in conjunction with single-family or two-family dwellings shall be permitted to extend into the required front yard setback area; however, carports shall be permitted no closer than five feet (5') from the right-of-way line of a public or private street, if a revokable permit is obtained as established by regulations established by the City Council. The revokable permit may be revoked by the Harrah City Council if it is determined that the permittee has violated a provision of the terms of the permit, or that the continued use of the setback area is not in the public interest and constitutes a threat to the public health, safety and welfare.

Churches, but not including missions or revival tents or arbors.

Library.

Parking lot required to serve the uses permitted in this district.

Public park or playground.

Public schools or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

Recreation vehicle covers. Recreation vehicle covers shall be a permitted use, subject to the following conditions and requirements:

      1.   Application for a permit for the construction of any recreation vehicle cover shall be made by the owner or lessee of the subject property, or agent of either or by a licensed contractor employed in connection with the proposed work. No permit issued by the City to construct recreation vehicle cover relieves the lot owner's obligation to any plat restrictions, covenants, or conditions that may prohibit or otherwise limit the construction.

      2.   Recreation vehicle covers may be located in the side yard of a residence, behind the front line of the residence, on an approved parking surface. The RV cover shall be set back five feet (5') from the property line between residences.

      3.   Recreation vehicle covers may be located in the rear yard of a residence, on an approved parking surface. The recreation vehicle covers may be located anywhere in the rear yard as long as the five foot (5') setback is met.

      4.   Recreation vehicle covers shall be kept in an attractive state, in good repair and in a safe and sanitary condition.

      5.   Recreation vehicle covers shall be constructed, erected or installed to conform with the structural requirements of the City Building Code and shall be of an acceptable design and appearance compatible with the primary building on the property.

      6.   Recreation vehicle covers shall not exceed fourteen feet (14') in height, twenty feet (20') in width and fifty feet (50') in length.

      7.   Recreation vehicle covers shall be permanently open on three (3) sides from grade surface to the eave line.

      8.   There shall be access to side and rear yard area. Generally, access to side or rear yard storage shall be from the existing driveway. However, in some cases, the access may require the recreational vehicle to access over a curb and sidewalk. In those cases, the property owner shall be responsible for maintenance, and if determined by the Public Works Director, the replacement of curb and sidewalk damaged by such use.

      9.   Recreational vehicle covers shall comply with setback requirements and shall be permitted no closer than five feet (5') from the right-of-way line of a public or private street, if a revocable permit is obtained as established by regulations established by the City Council. The revocable permit may be revoked by the Harrah City Council if it determined that the permittee has violated a provision of the terms of the permit, or that the continued use of the setback area is not in the public interest and constitutes a threat to the public health, safety and welfare.

Temporary building of the construction industry which is incidental to the erection of buildings permitted in this district, and which shall be removed when construction work is completed.

   A.   The following uses may be permitted on review by the Planning Commission in accordance with provisions contained in this Code:

Funeral parlor or mortuary.

Golf course or country club.

Home occupations.

Municipal use, public buildings and public utilities.

Pigeon loft and the keeping of pigeons, fifty (50) birds maximum.

Plant nursery in which no building or structure is maintained in connection therewith.

Private wind energy conversion systems (PWECS). (1986 Code; amd. Ord. 1990-17, 8-16-1990; Ord. 1991-12, 8-13-1991; Ord. 1996-18, 12-19-1996)

   A.   The following uses are regulated by the conditions as set forth in this chapter:

Family group home.

Family home. (1986 Code)

   A.   Requirements: All buildings shall be set back from street right of way and lot lines to comply with the following yard requirements:

      1.   Front Yard: Front yard requirements are as follows:

         a.   The minimum depth of the front yard shall be twenty five feet (25'); and

         b.   When a yard has double frontage, the front yard requirements shall be complied with on both streets.

      2.   Side Yard: Side yard requirements are as follows:

         a.   For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than five feet (5') for dwellings of one story and of not less than ten feet (10') for dwellings of more than one story, except as hereinafter provided in section 12-356 of this chapter.

         b.   For unattached buildings of accessory use there shall be a side yard of not less than five feet (5'); provided however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet (3') from an interior side lot line when all parts of the accessory buildings are located more than ninety feet (90') behind the front lot line.

         c.   For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen feet (15') in case such lot is back to back with another corner lot, and twenty five feet (25') in every other case. The interior side yard of a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

         d.   Churches and main and accessory buildings thereto, other than dwellings, shall set back from all exterior and interior side lot lines a distance of not less than twenty five feet (25').

      3.   Rear Yard: There shall be a rear yard for a main building of not less than twenty feet (20') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

   B.   Lot Width: For dwellings there shall be a minimum lot width of seventy five feet (75') at the front building line, and such lot shall abut on a street for a distance of not less than thirty five feet (35').

   C.   Intensity Of Use: Intensity of use requirements are as follows:

      1.   For each dwelling and buildings accessory thereto there shall be a lot area of not less than eight thousand (8,000) square feet.

      2.   Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of this chapter, that lot may be used for any of the uses, except churches, permitted by this chapter, provided that all setback and other requirements of this code are met and the lot is serviced by city water and sewer.

      3.   For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off street parking areas required in article D of this chapter; provided, however, that the lot area for a church shall not be less than fourteen thousand (14,000) square feet.

   D.   Coverage: Main and accessory buildings shall not cover more than thirty five percent (35%) of the lot area on interior lots and forty percent (40%) of the lot area of corner lots. Accessory buildings shall not cover more than twenty percent (20%) of the rear yard. (Ord. 2002-2, 2-21-2002; amd. Ord. 2024-4, 5-23-2024)

No buildings shall exceed three (3) stories or forty feet (40') in height, except as provided in section 12-357 of this chapter. (1986 Code)

The principal use of land is for single-family dwellings or freestanding mobile homes in those areas previously subdivided and platted for a combination of both single-family dwellings and freestanding mobile homes. The general description is otherwise unchanged from that of the R-1A single-family dwelling district. (1986 Code)

   A.   Property and buildings in an R-1B single-family dwelling or freestanding mobile home district shall be used only for the following purposes:

Any use permitted in an R-1A district.

Animals commonly known as barnyard animals, such as cattle, horses, sheep, goat, swine, llamas and related animals may be maintained in this district only if in accordance with the ordinances of the city and if they are provided a fenced area of not less than twenty thousand (20,000) square feet exclusive of the area covered by the main buildings and required front and side yards for each animal. All structures and buildings for the care and protection of animals shall be located not closer than twenty feet (20') to a side or rear lot line. Regardless of area, a maximum of four (4) such animals are allowed.

Animals commonly known as fowl or poultry, such as chickens, ducks, geese and similar animals, are not allowed in the R-1B zone.

Freestanding mobile homes in those areas previously platted for single-family dwellings or freestanding mobile homes.

No kennel, stable, chicken coop, lot, pen or any other establishment or place wherein animals are kept shall be maintained closer than one hundred feet (100') to any apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious or hospital purposes or residence other than that occupied by the owner or occupant of the premises upon which the animal is kept. (1986 Code; amd. Ord. 1990-5, 5-3-1990; Ord. 1990-8, 5-17-1990; Ord. 1990-16, 7-19-1990; Ord. 1994-1, 1-6-1994)

   A.   The following uses may be permitted on review by the planning commission in accordance with provisions contained in this code:

Municipal use, public buildings and public utilities.

Plant nursery in which no building or structure is maintained in connection therewith.

Private wind energy conversion systems (PWECS). (1986 Code)

   A.   The following uses are regulated by the conditions as set forth in this chapter:

Family group home.

Family home. (1986 Code)

The same requirements as set forth under R-1A single-family dwelling district. (1986 Code)

The same requirements as set forth under R-1A single-family dwelling district. (1986 Code)

This is a residential district to provide for medium population density. The principal use of the land may range from single- family to two-family dwellings. Certain uses compatible with medium population density are permitted. The recreational, religious, and educational facilities normally required to provide an orderly and attractive residential area are permitted. Stability of property values, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities and through consideration of the proper functional relationship of each use permitted in the district. (Ord. 2003-2, 1-16-2003)

   A.   Property and buildings in an R-2A medium population density district shall be used only for the following purposes:

Any use permitted in the R-1A single-family dwelling district.

Garage apartment, when located on a separate lot or on the same lot with another dwelling use.

Two-family dwelling.

Accessory buildings and uses customarily incidental to the above uses when located on the same lot. (Ord. 2003-2, 1-16-2003)

   A.   The following uses may be permitted on review by the planning commission in accordance with provisions contained in this code:

Any use permitted on review in an R-1A single-family dwelling district. (Ord. 2003-2, 1-16-2003)

   A.   The following uses are regulated by the conditions as set forth in this chapter:

Childcare center.

Family group home.

Family home.

Room and board facility. (Ord. 2003-2, 1-16-2003)

   A.   All buildings shall be set back from street right of way lines or lot lines to comply with the following yard requirements:

      1.   Front Yard: Front yard requirements are as follows:

         a.   The minimum depth of the front yard shall be twenty five feet (25'); and

         b.   When a yard has double frontage the front yard requirements shall be complied with on both sides.

      2.   Side Yard: Side yard requirements are as follows:

         a.   For dwellings located on interior lots there shall be a side yard on each side of the main dwelling of not less than five feet (5'); except as provided in section 12-356 of this chapter;

         b.   For unattached buildings of accessory use there shall be a side yard of not less than five feet (5'); provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet (3') from an interior side lot line when all parts of the accessory buildings are located more than ninety feet (90') behind the front property line;

         c.   For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen feet (15');

         d.   Churches, and main and accessory buildings other than dwellings and buildings accessory to dwellings and trailers, shall set back from all exterior and interior side lot lines a distance of not less than twenty five feet (25').

      3.   Rear Yard: Rear yard requirements are as follows:

         a.   For main buildings, other than garage apartments, there shall be a rear yard of not less than twenty feet (20'), or twenty percent (20%) of the depth of the lot, whichever is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building; and

         b.   Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet (10') to the rear lot line.

      4.   Lot Width: There shall be a minimum lot width of seventy five feet (75') at the front building line for single-family dwellings and ten feet (10') additional width at the front building line for each family, more than one, occupying a dwelling. However, a lot width at the front building line shall not be required to exceed one hundred fifty feet (150'). A lot shall abut on a street not less than thirty five feet (35').

      5.   Intensity Of Use: Intensity of use requirements are as follows:

         a.   There shall be a lot area of not less than eight thousand (8,000) square feet for a single-family dwelling, and not less than ten thousand (10,000) square feet for a two-family dwelling;

         b.   There shall be a lot area of not less than nine thousand (9,000) square feet where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located in the rear yard of a two-family dwelling the lot area shall be not less than two thousand (2,000) square feet more than is required for the two-family dwelling; and

         c.   For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off street parking required by article D of this chapter; provided, however, that the lot area for a church shall not be less than twenty thousand (20,000) square feet.

      6.   Coverage: Main and accessory buildings shall not cover more than fifty percent (50%) of the lot area. Accessory buildings shall not cover more than thirty percent (30%) of the rear yard. (Ord. 2003-2, 1-16-2003; amd. Ord. 2024-4, 5-23-2024)

No buildings shall exceed three (3) stories or forty feet (40') in height, except as provided in section 12-357 of this chapter. (Ord. 2003-2, 1-16-2003)

This is a residential district to provide for high population density. The principal use of land may range from single-family to multiple-family and garden apartment uses. Certain uses which are more compatible functionally with intensive residential uses then with commercial uses are permitted. The recreational, religious, and educational facilities normally required to provide an orderly and attractive residential area are permitted. Stability of property values, attractiveness, order, and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each use permitted in the district. (1986 Code)

   A.   Property and buildings in an R-2B high population density residential district shall be used only for the following purposes:

      Any use permitted in an R-1A single-family dwelling district or in an R-2A medium population density residential district.

      Multiple-family dwelling.

      Accessory buildings and uses customarily incidental to the above uses when located on the same lot. (1986 Code; amd. Ord. 2024-4, 5-23-2024)

   A.   The following uses may be permitted on review by the planning commission in accordance with provisions contained in this code:

      Any use permitted on review in an R-1A single-family dwelling district or in an R-2A medium population density residential district.

      Community based care facility.

      Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling and is operated only by the inhabitants thereof. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one nonilluminated nameplate, not exceeding two (2) square feet in area, attached to the main building.

      Institutions of a religious, educational or philanthropic nature.

      Medical facility.

      Off street parking lot associated with a commercial use as required under the provisions of article D of this chapter.

      Private clubs and lodges, excepting those the chief activity of which is a service customarily carried on as a business. (1986 Code)

   A.   The following uses are regulated by the conditions as set forth in this chapter:

      Any use permitted as a conditional use in R-1A, R-1B or R-2A. (1986 Code; amd. Ord. 2024-4, 5-23-2024)

   A.   All buildings shall be set back from street right of way lines or lot lines to comply with the following yard requirements:

      1.   Front Yard: Front yard requirements are as follows:

         a.   The minimum depth of the front yard shall be twenty five feet (25').

         b.   When a yard has double frontage the front yard requirements shall be complied with on both sides.

      2.   Side Yard: Side yard requirements are as follows:

         a.   For dwellings located on interior lots there shall be a side yard on each side of the main dwelling of not less than five feet (5') for dwellings of one story, and of not less than ten feet (10') for dwellings of more than one story, except as hereinafter provided in section 12-356 of this chapter.

         b.   For unattached buildings of accessory use there shall be a side yard of not less than five feet (5'); provided, however, that unattached one story buildings of accessory use shall not be required to set back more than three feet (3') from an interior side lot line when all parts of the accessory buildings are located more than ninety feet (90') behind the front property line.

         c.   For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen feet (15') in case such a lot is back to back with another corner lot, and twenty feet (20') in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

         d.   Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of not less than twenty five feet (25').

      3.   Rear Yard: Rear yard requirements are as follows:

         a.   For main buildings, other than garage apartments, there shall be a rear yard of not less than twenty feet (20'), or twenty percent (20%) of the depth of the lot, whichever is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

         b.   Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet (10') to the rear lot line.

      4.   Lot Width: There shall be a minimum lot width of seventy feet (70') at the front building line for single-family dwellings and ten feet (10') additional width at the front building line for each family, more than one, occupying a dwelling. However, a lot width at the front building line shall not be required to exceed one hundred fifty feet (150'). A lot shall abut on a street not less than thirty five feet (35').

      5.   Intensity Of Use: Intensity of use requirements are as follows:

         a.   There shall be a lot area of not less than nine thousand eight hundred (9,800) square feet for a single-family dwelling, not less than fourteen thousand (14,000) square feet for a two-family dwelling, and an additional area of not less than two thousand (2,000) square feet for each family, more than two (2), occupying a dwelling.

         b.   There shall be a lot area of not less than fourteen thousand (14,000) square feet where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located in the rear yard of a two-family or multiple-family dwelling the lot area shall be not less than two thousand (2,000) square feet more than is required for the two-family or multiple- family dwelling.

         c.   For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking required in article D of this chapter; provided, however, that the lot area for a church shall not be less than twenty thousand (20,000) square feet.

      6.   Coverage: Main and accessory buildings shall not cover more than thirty five percent (35%) of the lot area. Accessory buildings shall not cover more than thirty percent (30%) of the rear yard. (1986 Code)

No buildings shall exceed three (3) stories or forty feet (40') in height, except as provided in section 12-357 of this chapter. (1986 Code)

This is a residential district to provide for high density housing in a mobile home park.

The principal use of the land is for the development of mobile home parks in accordance with the ordinances of the city. (1986 Code)

   A.   Property and buildings in an R-2C mobile home park district shall be used only for the following purposes:

      1.   Mobile home parks.

      2.   Accessory buildings or uses customarily incidental to the above uses when located on the same lot. (1986 Code)

There are no other uses permitted on review by the planning commission for this zoning district. (1986 Code)

   A.   Yard Requirements: All buildings shall be set back from street right of way and lot lines to comply with the following yard requirements:

      1.   No mobile home shall be parked less than ten feet (10') from any property line of a mobile home park.

      2.   It shall be unlawful to locate a mobile home less than twenty five feet (25') from any public street or highway right of way, or so that any part of such mobile home will obstruct any roadway or walkway of such park.

      3.   Mobile homes and all other structures shall be located not less than forty five feet (45') from the center line of an access drive(s).

      4.   Mobile homes shall be located not less than five feet (5') from interior mobile home space lines.

      5.   Mobile homes shall be located not less than fifteen feet (15') from the rear mobile home space line.

      6.   An accessory building shall be located not less than three feet (3') to any interior or rear mobile home space line.

      7.   Permanent fencing across or around front yards shall be prohibited.

   B.   Lot Width: The minimum mobile home space width, measured parallel to the abutting street or access drive, at the front yard setback line shall be thirty five feet (35'). All mobile home spaces shall abut a street or an access drive, for a distance of not less than twenty five feet (25').

   C.   Intensity Of Use: Intensity of use requirements are as follows: Each mobile home space shall have a minimum of not less than three thousand five hundred (3,500) square feet exclusive of park land, access drive right of way and any other area which is a part of a community facility.

   D.   Coverage: A mobile home and accessory structures shall not cover more than thirty five percent (35%) of a mobile home space.

   E.   Additional Requirements: Every mobile home located in a mobile home park shall meet the provisions of the housing code of the city, except as otherwise provided in this section. (1986 Code)

The same requirements as set forth under R-1B single-family dwelling or freestanding mobile home district. (1986 Code)

This commercial office district is intended to provide a location for these professional offices which can be located near residential neighborhoods as a buffer between more intensive retail commercial uses. This district places a great emphasis on open space and aesthetic considerations in building construction and landscaping. Uses should be limited to low-rise professional offices or residential structures which may be designed in combination with each other. The total land area should be small in order to avoid conflict with adjacent single-family residential areas. It shall not be construed that this district should be used to cause strip commercial development of any street in the city. (Ord. 1991-14, 8-1-1991)

   A.   The following are permitted uses:

      1.   Residential uses.

      2.   Office buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers, except for a pharmacy or optician which are located within a clinic and have no visibility from adjacent street. These uses shall include, but shall not be limited to: doctors, dentists, lawyers, architects, engineers, accountants, and photographers. Provided, however, that this shall in no way be construed as permitting undertaking establishments and funeral homes. A side development plan shall be required, in accordance with the city code.

      3.   Buildings and structures and uses customarily incidental and accessory to the above uses. (Ord. 1991-14, 8-1-1991)

Area regulations shall be the same as those required for R-2B high density residential district (see section 12-265 of this chapter). (Ord. 1991-14, 8-1-1991)

No building shall exceed three (3) stories in height or forty feet (40') in height, except as provided in section 12-357 of this chapter. (Ord. 1991-14, 8-1-1991)

Opaque screening shall be provided by all uses permitted by providing a screen or wall of not less than six feet (6') in height when abutting an R district. Abutting shall include an R district abutted by an alley. (Ord. 1991-14, 8-1-1991)

This commercial district is intended for a unified grouping, in one or more buildings, of retail shops, stores, offices, personal services and accessory uses that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the suburban convenience center be developed as a unit with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening. Buildings and premises in this district shall be used only for the purposes hereinafter set forth and no article or material shall be kept, stored or displayed outside the confines of a building. (1986 Code)

   A.   All buildings or uses hereinafter established or enlarged shall comply with the conditions and restrictions enumerated in this section.

   B.   No residential uses shall be allowed in this district.

   C.   Retail stores and shops which supply the regular and customary needs of the residents of the neighborhood and which are primarily for their convenience, as follows:

      1.   Antique shop.

      2.   Appliance shop.

      3.   Artists materials, supply or studio.

      4.   Arts school, gallery or museum.

      5.   Automobile parking lot.

      6.   Baby shop.

      7.   Bakery goods store.

      8.   Barbershop.

      9.   Beauty shop.

      10.   Book or stationery store.

      11.   Camera store.

      12.   Candy store.

      13.   Catering establishment.

      14.   Laundry collection agency.

      15.   Clothing apparel shop.

      16.   Coffee shop or lunch counter.

      17.   Curio or gift shop.

      18.   Drugstore or fountain.

      19.   Dairy products or ice cream store.

      20.   Delicatessen.

      21.   Florist shop.

      22.   Furniture store.

      23.   Grocery store or supermarket.

      24.   Hardware store.

      25.   Jewelry or notion store.

      26.   Leather goods store.

      27.   Meat market.

      28.   Medical facility, except hospitals and sanatoriums.

      29.   Messenger or telegraph service.

      30.   Musical instruments sales.

      31.   Newspaper or magazine sales.

      32.   Office general.

      33.   Optician sales and service.

      34.   Photographer studio.

      35.   Pharmacy.

      36.   Public use.

      37.   Radio and television sales and service.

      38.   Restaurant.

      39.   Self-service laundry or dry cleaning.

      40.   Sewing machine sales and service, instruction.

      41.   Sporting goods sales.

      42.   Shoe repair shop.

      43.   Studio or school for professional instruction.

      44.   Tailor shop.

      45.   Toy store.

      46.   Variety store.

   A.   The following uses may be permitted on review by the planning commission in accordance with provisions contained in this chapter:

      1.   Automobile service station.

      2.   Car wash.

      3.   Drilling for and extraction of oil and natural gas in accordance with the ordinances of the city.

      4.   Drive-in bank.

      5.   Funeral parlor.

      6.   Liquor store.

      7.   Daycare or childcare center.

      8.   Cleaning/pressing facility.

      9.   Lodge halls.

      10.   Bar.

      11.   Tavern. (1986 Code; amd. Ord. 1990-21, 11-15-1990; Ord. 1991-13, 8-1-1991; Ord. 1993-11, 8-19-1993)

   A.   The following requirements shall apply to all uses permitted in this district:

      1.   Front Yard: All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty five feet (25') in depth.

      2.   Side Yard: On the side of a lot adjoining a dwelling district there shall be a side yard of not less than twenty five feet (25'). Whenever the rear lot line of a corner lot abuts a dwelling district, the side yard adjacent to the street shall be not less than fifteen feet (15') in width. In all other cases no side yard shall be required.

      3.   Rear Yard: Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty feet (30').

      4.   Lot Size: The parcel of land on which a convenience commercial center is located shall not be less than nine thousand eight hundred (9,800) square feet or more than two (2) acres in area.

      5.   Area For Off-Street Parking: Building shall be provided with a yard area adequate to meet off-street parking requirements set forth in article D this chapter. (1986 Code)

No building shall exceed three (3) stories or forty feet (40') in height, except as hereinafter provided in section 12-357 of this chapter. (1986 Code)

Opaque screening shall be provided by all uses permitted by providing a screen or wall of not less than six feet (6') in height when abutting an R district. For the purposes of this chapter abutting shall include an R district separated by an alley. Outside storage of materials for sale or not for sale shall not be permitted in this district. (Ord. 1990-9, 6-7-1990)

This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods. (1986 Code)

   A.   Property and buildings in the C-2 general commercial district shall be used only for the following purposes:

Any use permitted in a C-1 neighborhood commercial district.

Automobile service station.

Bakery.

Bank.

Bar.

Bowling alley.

Building materials sales yard and lumberyard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant.

Car wash.

Carpenter and cabinet shop.

Cleaning and dyeing works.

Club.

Commercial school or hall.

Copy shop.

Dance hall.

Department store.

Electric transmission station.

Feed and fuel store.

Frozen food locker.

Funeral parlor or mortuary.

Furniture repair and upholstery.

Garden supply store or nursery.

Gasoline and oil retail distributing plant.

Hospital and sanatorium.

Hospital for small animals.

Ice storage locker plant or storage house for food, not more than ten (10) tons' capacity.

Interior decorating store.

Kennels.

Key shop.

Laboratories, research testing and experimental.

Laundry.

Liquor store.

Nightclub.

Novelty shop, retail.

On premises advertising signs and structures in accordance with section 12-601 et seq., of this part.

Pawnshop.

Pet shop.

Public garage.

Recreation center.

Sign painting shop.

Buildings, structures and uses accessory and customarily incidental to any of the above uses, provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments.

   B.   Outside display and sales activities for uses permitted under subsection A of this section shall be allowed subject to the following guidelines:

      1.   Restaurants with outside serving areas shall be included.

      2.   No required parking spaces shall be used as a display or sales area.

      3.   Any article or material which is being stored or which is not actively being offered for sale shall be kept within the confines of a building or so screened by permanent opaque walls, fences, or planting that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level, provided, however, that no screening in excess of seven feet (7') in height shall be required. (Ord. 1997-20, 12-18-1997)

   C.   No residential use shall be allowed within this district other than the temporary use for a caretaker on night watch duty.

   D.   Churches shall not be permitted in C-2 zoning districts. (Ord. 1992-13, 6-18-1992)

   E.   Articles and materials stored and offered for sale in connection with uses permitted in this district may be stored or displayed outside the confines of the building only under the following conditions: Upon written application the city manager may grant a permit for a sales promotion or special event during which retail open display may be used within such restrictions as the city manager may set. (Ord. 1992-12, 6-18-1992)

   A.   The following uses may be permitted on review by the planning commission:

Ambulance service or garage.

Automobile sales or services, new and used; new machinery sales and service provided no gasoline is stored above ground; used automobile and machinery repairing if conducted completely within a wholly enclosed building, but not including automobile or machinery wrecking establishments or junkyards.

Bait shop.

Bindery.

Boat sales.

Bus terminal.

Daycare or childcare centers.

Drilling for and extraction of oil and natural gas in accordance with the ordinances and regulations of the city.

Drive-in restaurant and theater.

Flea market, indoors.

Golf course, miniature.

Heating, ventilating or plumbing supplies, sales, service (no outside storage).

Hotel.

Motel.

Printing plant.

Private wind energy conversion system (PWECS).

Research laboratories not otherwise allowed.

Roller rink. (1986 Code; amd. Ord. 1990-21, 11-15-1990)

   A.   The following uses are permitted on review of the planning commission:

Community based care facility.

Hospital.

Sanatorium. (1986 Code)

   A.   The following uses may be permitted on review of the planning commission:

Communications towers.

Flea market, outdoor.

Personal storage.

Storage warehouse. (1986 Code; amd. Ord. 2017-2, 2-9-2017)

   A.   Front Or Side Yards: There are no specific front or side yard requirements except when abutting an R district. Then there shall be a side yard of not less than twenty feet (20').

   B.   Rear Yard: Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty feet (30') in width. In all other cases no rear yard is required except when abutting an R district, then a twenty foot (20') rear yard is required. (1986 Code)

No buildings shall exceed three (3) stories or forty feet (40') in height except as hereinafter provided in section 12-357 of this chapter. (1986 Code)

All of the uses in sections 12-292 through 12-294 of this article shall be screened by opaque walls, fencing or planting of not less than six feet (6') in height when abutting an R district. For the purposes of this chapter abutting shall include those dwellings across an alley. If the commercial structure is within one hundred feet (100') of a residential structure, regardless of zoning district, an opaque fence of not less than six feet (6') in height shall be constructed. Uses permitted on review in sections 12-292 through 12-294 of this article shall meet the screening requirements of subsections 12-301B and C of this article. No article or material shall be stored to a height in excess of five feet (5'). (Ord. 1990-9, 6-7-1990)

This commercial district serves a twofold purpose. It is intended to provide commercial lodging, recreation and personal services for both the citizens and to nonresidents traveling through the city on state and federal highways that traverse the area. It is also intended to provide a location for the limited amount of merchandise, equipment and material being offered for retail sale that, because of type of material or transportation requirements, are suitable for display and storage outside the confines of an enclosed building. There will be more assembly of equipment and incidental activity than would prevail in the general commercial district. Persons of the community, surrounding trade territory, and the traveling public will require direct access and more ribbon or strip development than would be desirable in other commercial districts. (1986 Code)

   A.   Property and buildings in the C-3 highway and open display commercial district shall be used only for the following purposes:

      1.   Any use permitted in a C-2 general commercial district.

      2.   Highway commercial:

         a.   Ambulance service, office or garage.

         b.   Bait sales.

         c.   Bus terminal.

         d.   Drive-in restaurant or theater.

         e.   Golf course, miniature or driving range.

         f.   Hotel.

         g.   Motel.

         h.   Research laboratories, not otherwise allowed.

         i.   Roller rink.

         j.   Travel trailer or recreational vehicle park.

      3.   Open display:

         a.   Automobile sales and service, new and used, to include repair of motor vehicles, boats, recreational vehicles and trucks, as well as the sale, installation and servicing of automotive equipment and parts; together with body repairs, painting and steam cleaning provided that these activities occur wholly within an enclosed building. Typical uses include engine replacement or repairing operations, transmission shops and body shops which require temporary storage of damaged vehicles. However, the storage of vehicles for salvage or machinery wrecking establishments or junkyards shall not be permitted. The outside temporary storage of damaged vehicles is permitted as long as it is screened from public view by a person standing in a public right of way and is otherwise conducted in accordance with subsections A4b and A4c of this section; and that the area for temporary outside storage is not greater than twice the total number of repair bays in the building in which repairs are to be made. Maximum area will be determined on the basis of one hundred fifty (150) square feet of surface space per vehicle; and that the total vehicles stored in temporary outside storage shall not exceed two (2) vehicles per repair bay in the building in which repairs are to be made. Damaged vehicles shall not remain on the premises in outside storage for more than one hundred eighty (180) days. Damaged, disabled or inoperative vehicles in violation of these outside temporary open storage provisions shall not be exceptions to section 8-303 of this code;

         b.   Boat sales.

         c.   Farm implement and machinery sales, new and used.

         d.   Heating, ventilating and plumbing supplies, sales and service.

         e.   Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales.

         f.   Mobile home sales.

         g.   Monument sales.

         h.   Prefabricated house sales.

         i.   Trailers for hauling, rental and sales.

      4.   The above enumerated uses shall comply with the following provisions:

   B.   All of the above uses shall be screened by opaque fencing of not less than six feet (6') in height when abutting an R district. For the purposes of this chapter abutting shall include those dwellings across an alley. If the commercial structure is within one hundred feet (100') of a residential structure, regardless of zoning district, an opaque fence of not less than six feet (6') in height shall be constructed, except that planting or landscaping may be allowed for special permit uses when approved by the city council as part of a site plan for a commercial building without any outside storage or open display visible to the residential area or district. (1986 Code)

   C.   All open storage and display of merchandise, material, and equipment shall also be so screened by opaque fencing that it cannot be seen by a person standing on ground level in an R residential or a C-1 or C-2 commercial district when located to the side or rear of the lot on which the open storage or display occurs; provided, however, that screening shall not be required in excess of six feet (6') in height. All planting shall be kept neatly trimmed and maintained in good condition at all times. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale, shall, in addition to complying with the above screening requirements, be so screened by opaque fence or by permanent buildings that it cannot be seen from a public street. (Ord. 1990-9, 6-7-1990; amd. Ord. 1990-10, 6-7-1990)

   D.   All yards unoccupied with buildings or merchandise or used as trafficways shall be landscaped with grass and shrubs and maintained in good condition the year-round.

   E.   All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

   F.   All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

   G.   Driveways used for ingress and egress shall not be less than twenty five feet (25') in width, exclusive of curb returns.

   H.   Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type. (1986 Code)

   I.   Churches shall not be permitted in C-3 zoning districts. (Ord. 1992-13, 6-18-1992)

   J.   Articles and materials stored and offered for sale in connection with uses permitted in this district may be stored or displayed outside the confines of the building only under the following conditions: Upon written application the city manager may grant a permit for a sales promotion or special event during which retail open display may be used within such restrictions as the city manager may set. (Ord. 1990-10, 6-7-1990; amd. Ord. 1992-12, 6-18-1992)

   A.   The following uses are permitted on review of the planning commission:

      1.   Drilling for and extraction of natural gas and oil in accordance with the ordinances and regulations of the city.

      2.   Flea markets/swap meets, indoors.

      3.   Private wind energy conversion systems (PWECS). (1986 Code)

      4.   Daycare or childcare center. (Ord. 1990-21, 11-15-1990)

   A.   The following uses are regulated by the conditions as set forth in this chapter:

      1.   Community based care facility.

      2.   Medical facility. (1986 Code)

   A.   The following uses require a special permit as described in this chapter:

      1.   Flea market, outdoors.

      2.   Commercial and personal storage.

      3.   Communications towers.

      4.   Permanent amusement enterprises.

      5.   Uses qualifying as I-1, restricted manufacturing and warehousing district uses. The provisions and procedures of section 12-390 of this chapter shall be utilized in determining suitability of the proposed uses. (1986 Code; amd. Ord. 1991-13, 8-1-1991)

      6.   Adult entertainment uses:

         a.   Adult bookstore.

         b.   Adult motel.

         c.   Adult motion picture arcade.

         d.   Adult motion picture theater.

         e.   Adult novelty shop. (Ord. 1991-13, 8-1-1991; amd. Ord. 1997-9, 6-19-1997)

   A.   Side Yard: Commercial uses must have a side yard of not less than twenty feet (20') when abutting a residential district.

   B.   Rear Yard: Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty feet (30') in width. In all other cases no rear yard is required.

   C.   Buildings shall be provided with a yard area adequate to meet off-street parking requirements set forth in article D of this chapter.

   D.   Front building line shall be at least fifty feet (50') from the highway right of way or one hundred feet (100') from the highway center line whichever creates the greatest setback.

   E.   There shall be a minimum lot frontage of one hundred feet (100'). (1986 Code)

No buildings shall exceed three (3) stories or forty feet (40') in height except as hereinafter provided in section 12-357 of this chapter. (1986 Code)

   A.   This historical district is intended to be the focus of commercial, office and service activities for the city. The regulations of this district reflect previously established regulations for construction and are intended to provide a method for the recognition and conservation of traditional and unique architectural structures and the continued development of such area in a manner consistent with its heritage and value to the community.

   B.   CBD zoning shall apply only to that part of the original townsite containing blocks 2, 3, 4, 5, 6, 8 and 9 and those unplatted parcels that lie within the parameters of a triangle with a point of beginning at the intersection of Tim Holt Drive and Church Avenue, then south on Church Avenue to the platted alley in section 2, then northwest along a line connecting to the intersection of Tim Holt Drive and Main Street, then northeast on Tim Holt Drive to the point of beginning. (1986 Code)

   A.   Commercial uses in the CBD shall be the same as those listed in the C-1 local commercial and C-2 general commercial districts, as well as those residential uses existing at the time of the adoption of this section. (1986 Code)

   B.   Churches shall not be permitted in the CBD zoning district. (Ord. 1992-13, 6-18-1992)

Those uses permitted on review in the CBD shall be the same as those permitted on review in the C-1, C-2 and R-1 districts. (1986 Code)

   A.   Articles and materials stored and offered for sale in connection with uses permitted in this district may be stored or displayed outside the confines of a building only under the following conditions:

      1.   Upon written application the city manager may grant a permit for a sales promotion or special event during which retail open display and banners may be used within such restrictions as the city manager may set.

      2.   An individual property owner or lessee may be permitted to place a temporary sign or to display merchandise on a paved sidewalk in the public right of way in this zoning district, subject to the following conditions:

         a.   The owner of the property, or the lessee with the owner's approval, shall apply to the city for a revocable permit for use of right of way for private purposes. Granting of the permit shall be considered by the city council after a public hearing and report by the planning commission.

         b.   The city council shall determine that the application meets the following considerations prior to issuing the permit:

            (1)   There shall be sufficient room to allow any impaired pedestrian to pass the sign or display without leaving the sidewalk.

            (2)   No sign or display shall interfere with sight distance required for motorists entering or leaving a parking lot or a cross street.

            (3)   The permit shall only be granted for the sidewalk immediately in front of the store of the applicant, provided that on a corner lot the sidewalk abutting the side of a building may be also approved.

            (4)   The city shall determine that there is no area in the front yard of the property to accomplish the outside display.

            (5)   No "portable or trailer sign", illuminated sign, or sign with moving parts shall be permitted under this regulation.

         c.   The revocable permit shall expire with any change in occupancy. It may be revoked by the city council after a determination that the permittee has violated a provision of these regulations or that the continued use of the right of way constitutes a threat to the public health, safety, and welfare of the residents of the city. (1986 Code; amd. Ord. 1995-4, 1-19-1995)

   A.   The following regulations shall apply to all uses permitted in the district:

      1.   Front Yard: The front yard setback for all structures on all streets shall be the front property line.

      2.   Side Yard: There shall be no minimum side yard required for all uses in this district.

      3.   Rear Yard: There shall be no minimum rear yard required for all uses in this district.

      4.   Lot Size: There shall be no minimum lot size required for all uses in this district.

      5.   Area For Parking: Upon application to the planning commission those requirements for off-street parking listed in article D of this chapter may be waived.

   B.   The following regulations shall apply to all uses permitted as a change in use:

      1.   When a use changes and the structure remains, the structure must meet all requirements of the current building code as described in the city's building code, latest edition or as it may be amended.

      2.   When a prior residential use changes to a commercial use and a new structure is constructed all applicable requirements for that commercial use shall apply, including all area requirements, as described in the zoning district description for that district. (1986 Code)

Height requirements shall be consistent with height requirements in other districts. (1986 Code)

This industrial district is intended primarily for manufacturing and assembly plants and warehousing that are conducted so the noise, odor, dust, and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation facilities; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the light and heavy industrial districts. Buildings in this district should be architecturally attractive and surrounded by landscaped yards. (1986 Code)

   A.   Property and buildings in an I-1 district shall be used only for the following purposes:

      1.   No dwelling uses shall be permitted, except sleeping facilities for caretakers and night watchmen employed on the premises.

      2.   All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed building, and shall not emit any dust or smoke, or noxious odor or fumes outside of the building housing the operation, or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by opaque walls and fences that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing at ground level.

      3.   Any of the following uses:

         a.   Bindery.

         b.   Bottling works.

         c.   Candy manufacturing.

         d.   Electrical equipment assembly.

         e.   Electronic equipment assembly and manufacture.

         f.   Engraving plant.

         g.   Food products processing and packing.

         h.   Furniture manufacturing.

         i.   Instrument and meter manufacturing.

         j.   Jewelry and watch manufacturing.

         k.   Leather goods fabrication.

         l.   Marijuana enclosed growth facility.

         m.   Optical goods manufacturing.

         n.   Paper products manufacturing.

         o.   Printing plant.

         p.   Shoe manufacturing.

         q.   Sporting goods manufacturing.

         r.   Wholesale or warehousing enterprise.

   A.   The following uses may be permitted on review by the planning commission in accordance with the provisions contained in section 12-388 of this chapter:

      1.   Drilling for and extraction of oil and natural gas in accordance with the ordinances and regulations of the city. (1986 Code)

   A.   The following uses require a special permit as described in section 12-390 of this chapter:

      1.   Communications towers, radio and television.

      2.   Other industrial uses may be permitted when it can be determined or otherwise documented that the noise, odor, dust, glare and traffic generated is in conformance with that of the uses permitted in this section and that the operation is conducted and completely contained within an enclosed building. (1986 Code; amd. Ord. 1991-13, 8-1-1991)

   A.   All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements:

      1.   Front Yard: All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty five feet (25') in depth.

      2.   Side Yard: No building shall be located closer than twenty five feet (25') to a side lot line.

      3.   Rear Yard: No building shall be located closer than twenty five feet (25') to the rear lot line.

      4.   Coverage: Main and accessory buildings and off-street parking and loading facilities shall not cover more than eighty percent (80%) of the lot area.

   B.   All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition. (1986 Code)

No building or structure shall exceed forty feet (40') in height, except as hereinafter provided in section 12-357 of this chapter. (1986 Code)

This industrial district is intended primarily for the conduct of manufacturing, assembling and fabrication. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air or street transportation facilities. (1986 Code)

   A.   Property and buildings in an I-2 general industrial district shall be used only for the following purposes:

      1.   Any use permitted in the C-3 highway and open display commercial district and the I-1 restricted manufacturing and warehousing district, provided that no dwelling uses shall be permitted, except for sleeping facilities for caretakers and night watchmen on the premises.

      2.   Blacksmith shop.

      3.   Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.

      4.   Farm produce, grain and feed storage including grain elevators.

      5.   Freighting or trucking yard or terminal.

      6.   Oil field equipment storage yard.

      7.   Public utility service yard or electrical receiving or transforming station.

      8.   City and county equipment service yard.

      9.   The following uses when conducted within a completely enclosed building:

         a.   The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products, but not to include a slaughterhouse.

         b.   The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stone, shell, textiles, tobacco, wood, yarn, and paint not employing a boiling process.

         c.   The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.

         d.   The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like.

         e.   Manufacture of musical instruments, toys, novelties.

         f.   Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender work, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing.

         g.   Machine shop.

         h.   Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

         i.   Assembly of electrical appliances, electronic instruments and devices including computers and computer peripherals, radios, recording and playback devices, including the manufacture of small parts for such devices.

      10.   Buildings, structures, and uses accessory and customarily incidental to any of the above uses.

The uses permitted under this section shall be conducted in such a manner that no noxious odor, fumes, or dust will be emitted beyond the property line of the lot in which the use is located. (Ord. 1997-13, 9-4-1997)

   A.   The following uses may be permitted on review by the planning commission in accordance with the provisions contained in this code:

      1.   Drilling for oil and natural gas in accordance with this code.

      2.   Flea markets, indoors.

      3.   Natural gas production and distribution.

      4.   Packinghouse but not a slaughterhouse.

      5.   Private wind energy conversion systems (PWECS).

      6.   Wholesale distribution of gasoline, propane or butane, or other petroleum products.

      7.   Any use not otherwise authorized by this chapter of the same general nature or type. (Ord. 1997-13, 9-4-1997)

   A.   The following uses require a special permit as described in this chapter:

      1.   Flea markets, outdoors.

      2.   Personal storage.

      3.   Communications towers. (1986 Code)

   A.   The following regulations shall apply to all uses in the district:

      1.   Front And Side Yard: There are no specific front or side yard requirements for uses in this district; provided, however, that a building shall set back a distance of not less than twenty five feet (25') from the side lot line that adjoins a dwelling district.

      2.   Rear Yard: Where a building is to be serviced from the rear there shall be provided an alley, service court, rear yard or combination thereof of not less than thirty feet (30') in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater. In all other cases, no rear yard is required; provided, however, that a building shall set back a distance of not less than twenty five feet (25') from the rear lot line that adjoins a dwelling district;

      3.   Yard Area: Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in article D of this chapter. (1986 Code)

No building shall exceed forty feet (40') in height, except as hereinafter provided in section 12-357 of this chapter. (1986 Code)

This industrial district is intended to provide for heavy industrial uses and other uses not otherwise provided for in the districts established by this chapter. The intensity of uses permitted in this district makes it most desirable that they be located downwind and separated from residential and commercial uses. (1986 Code)

   A.   Property and buildings in the I-3 heavy industrial district shall be used only for the following purposes:

      1.   Any use permitted in the C-3 highway and open display commercial district and the I-1 restricted manufacturing and warehousing district, provided that no dwelling uses shall be permitted, except for sleeping facilities for caretakers and night watchmen on the premises.

      2.   Cement, lime, or gypsum manufacture.

      3.   Concrete batch plant or transit mix plant.

      4.   Natural gas production and distribution.

      5.   Horse and livestock sale barn.

      6.   Salvage yards for automobiles, building materials, scrap metal, junk or any other kind of salvage; provided, however, that all salvage operations shall be so screened by ornamental walls, fences or evergreen planting that it cannot be seen by a person standing at ground level at any place immediately adjacent to the lot on which the salvage operation is located.

      7.   Private wind energy conversion systems (PWECS).

      8.   Marijuana processing and testing facility. (Ord. 1997-13, 9-4-1997; amd. Ord. 2022-19, 7-5-2022)

   A.   The following uses are permitted on review by the planning commission:

      1.   Private wind energy conversions systems (PWECS). (1986 Code)

   A.   The following uses require a special permit as described in this zoning ordinance:

      1.   Flea market, outdoors.

      2.   Commercial and personal storage.

      3.   Communications towers.

      4.   Bulk storage of petroleum products.

      5.   Animal feeding operation or feedyard.

      6.   Disposal plants of all types including trash and garbage, sewage treatment including lagoons and compost plants.

      7.   Packinghouse or slaughterhouse.

      8.   Petroleum production and refining.

      9.   Marijuana enclosed growth facility or other cannabis growth facility.

(Ord. 1997-13, 9-4-1997; amd. Ord. 2021-1, 2-22-2021)

   A.   The following regulations shall apply to all uses in this district:

      1.   Front And Side Yard: There are no specific front or side yard requirements for uses in this district; provided, however, that a building shall set back a distance of not less than twenty five feet (25') from the side lot line that adjoins a dwelling district.

      2.   Rear Yard: Where a building is to be serviced from the rear there shall be provided an alley, service court, rear yard or combination thereof of not less than thirty feet (30') in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater. In all other cases, no rear yard is required; provided, however, that a building shall set back a distance of not less than twenty five feet (25') from the rear lot line that adjoins a dwelling district.

      3.   Yard Area: Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in article D of this chapter. (1986 Code)

No building shall exceed forty feet (40') in height, except as hereinafter provided in section 12-357 of this chapter. (1986 Code)

This district is intended to comprise those areas which are subject to periodic or occasional inundation and, therefore, are unsuited for all residential uses and the usual commercial and industrial uses. All development shall conform to standards as described in section 12-501 et seq. of this part. (1986 Code)

   A.   Property and buildings in the F-floodplain district, shall be used only for the following purposes:

      1.   The growing of agricultural crops, nursery stock and gardening.

      2.   The keeping of agricultural livestock in accordance with the ordinances and regulations relating thereto.

      3.   Recreation not involving buildings and operated either under the jurisdiction of or in accordance with conditions established by the city council. (1986 Code)

   A.   General Description: The planned unit development district (PUD) is a special zoning district category that provides an alternate approach to conventional land use controls. The PUD process offers an opportunity for more creative solutions to redevelopment issues while at the same time requiring a proposal that generally conforms to the goals and policies of the city comprehensive plan. The PUD is subject to special review procedures, and once approved by the city council it becomes a special zoning classification for the property it represents. Approval of a PUD is not a substitute for platting property, when required.

   B.   Intent And Purpose:

      1.   Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use of the project to assure compatibility with adjoining and neighborhood properties.

      2.   To permit flexibility in design, placement of buildings, use of open spaces, circulation facilities and off-street parking areas, and to best utilize the potentials of sites characterized by special features of geography, topography, size or shape.

      3.   Encourage efficient use and reuse of land, and facilitate economic arrangement of buildings and circulation systems, and encourage diversified living environments and land uses.

      4.   Achieve a continuity of function and design within the development that results in an economically feasible project that generally conforms to the comprehensive plan and is compatible with development patterns in the surrounding neighborhood.

      5.   Provide a tool for negotiating modifications in standard zoning district regulations in order to achieve innovative design solutions that will protect the health, safety, and general welfare of the community.

   C.   Planned Unit Development Authorized: A PUD may be authorized by an amendment to the official zoning districts map after public hearings by the planning commission and city council, provided it complies with the requirements contained herein.

   D.   Location And Uses: A PUD shall be considered a special zoning district, and it may be authorized for any use or combination of uses permitted in this zoning code. The PUD may also include uses not otherwise permitted in this zoning ordinance, provided the location and development of such uses generally conform to the policies of the comprehensive plan.

   E.   Planned Unit Development Submission Requirements:

      1.   The developer of a PUD shall follow a four (4) step application and review procedure.

         a.   Application for rezoning, submission of PUD master plan, including the design statement and master development plan map. The PUD master plan shall be adopted as a part of the ordinance of rezoning.

         b.   Preliminary plat, where required by the subdivision regulations.

         c.   Final plat, where required by the subdivision regulations.

         d.   Application for building permit and site plan review.

      2.   Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted on subsections E1c and E1d of this section. The planning commission and city council may, however, review more than one step at the same public hearing.

   F.   Criteria for PUD review and approval. Review and approval of a PUD is a process of negotiation between the city government and the applicant to achieve the intents and purposes of these regulations and the comprehensive plan. A PUD application should provide amenities and services that are typically not required in a straight zoning district and development, in order to allow for higher densities, design flexibility and mixed land uses. The following factors should be specifically included as review criteria for the evaluation of a PUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.

      1.   Purpose. The proposed PUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the comprehensive plan and the land use and zoning districts adjacent to it.

      2.   Design. Design of the PUD may provide for modifications of any conventional zoning, subdivision, or other development standard requirements set forth in this code. In addition, a unified/master signage plan may be approved which modifies advertising and sign allowances, provided that in no case, shall the overall signage of a development exceed what would have been permissible under the standard code provisions if the development was not part of a PUD.

      3.   Usage. Density, land use, and intensity of use requirements shall be based on the PUD master plan and shall be reviewed carefully for conformance to the comprehensive plan.

      4.   Gross density. The maximum number of dwelling units with a PUD shall be based on calculation of gross density. Gross density shall be established in the PUD master plan and shall be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of dwelling units. The gross density for residential PUDs can be increased from the allowed density of the base residential zoning district with the approval from Planning Commission.

      5.   Housing type. Location and type of housing shall be established in a general pattern and shown on the master development plan map.

      6.   Open space. In residential PUDs, there shall be a minimum often percent (10%) of the total area of the PUD dedicated as useable common open space. This is in addition to the required landscape requirements per code.

         a.   Useable open space. Such is defined to mean any parcel of land which meets the requirements as to suitability and does not necessarily require that the land be appropriate for recreation purposes. As defined in this chapter, usable open space uses include, but are not limited to:

         (1)   Sports playing fields;

         (2)   Hiking trails;

         (3)   Gardens;

         (4)   Bike paths;

         (5)   Picnic areas;

         (6)   Existing or planned greenbelt areas to be left in their natural state;

         (7)   Linkage parcels for the greenbelt corridors;

         (8)   Similar uses that would benefit the public either from natural beauty or open space type of recreation use.

      7.   Amenities. Amenities should be considered as an important justification for development and city approval of a PUD. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, useable open space should be furnished along with provision for its permanent retention and continued maintenance.

      8.   Lighting. Street lights shall be required within a PUD and shall be private with the maintenance of said street lights being the responsibility of the property owner, developer or home owners’ association.

      9.   Minimum land area and frontage. The minimum area and frontage for a PUD request involving office, commercial and industrial land uses should generally be at least the minimum required by the conventional zoning associated with the proposal; provided, that a private street network may also be authorized as a substitute for public street frontage.

      10.   Sidewalks. Sidewalks shall not be considered an amenity and shall be required on arterials streets and on both sides of all internal streets, public and private, within a PUD. Other pedestrian ways shall be planned where it is necessary to provide for amenity and public safety.

      11.   Streets. The following are general design standards for streets:

         a.   Street design should be innovative and should restrict through traffic from residential areas as much as possible.

         b.   Encouragement should be given to design of short local streets serving limited areas, such as the residential cul-de-sac.

         c.   Streets, public and private, are required to have vertical curbs and gutters and all other design requirements shall be accordance with city standards and specifications for right-of-way width and paving cross sections.

      12.   Adjacent land uses. The following general guidelines shall be used to establish the relationship of the PUD to abutting land uses:

         a.   Show graphically the transitional treatment between residential and nonresidential zoning districts and uses that will be employed to separate the PUD from abutting properties, including commitments to fencing, vegetation, earth berms, landscape screening, or similar buffering techniques. Opaque screening consisting of a screen or wall of not less than six feet (6') in height shall be provided between residential uses and the perimeter of the development or any areas designated for nonresidential uses.

         b.   It is appropriate to specifically establish area with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

      13.   Mixed land use developments. Where a PUD proposes a mix of uses which would generally be incompatible with a conventional development, the PUD master plan should specifically establish appropriate guidelines to ensure a harmonious development.

      14.   Common access. In commercial or industrial developments, the PUD master plan should establish specific standards and locations for common access driveways both within the development and abutting arterial streets.

      15.   Adherence to code. Building code requirements shall not be reduced or modified in the design of a PUD.

   G.   Step 1; Planned Unit Development Master Plan Required: The basis for review and approval of a PUD is the master plan, which shall be adopted as a part of the ordinance of rezoning. The PUD master plan shall contain a design statement and a master development plan map that shall include, at a minimum, the following information:

      1.   PUD Design Statement: The PUD design statement shall be a written report containing the following elements:

         a.   Title of the PUD;

         b.   List of the property owners and proposed developers (including contact information and email address(es);

         c.   Statements on the PUD’s general location and its relationship to adjoining land uses (both existing and proposed), and how the PUD complies with the policies of the comprehensive plan, and the base zoning district.

      Reference to the comprehensive plan policy for the subject property, including a map showing zoning and land uses within a minimum of three hundred feet (300') of the subject property;

         d.   A description of the proposed development, including a legal description of the property, and the approximate phases and sequence in which the development is proposed to be built, if any;

         e.   Definitions of the land-use designations, including density ranges and product types for residential development shown on the master development plan map required by this section, including proposed restrictions, and typical site layouts;

         f.   A table setting the minimum and maximum total dwelling units and non- residential square footage, and the minimum acreage for open space, natural resource areas, public uses, and any other planned uses;

         g.   A list of required and proposed area and height regulations;

         h.   A description of residential and mixed-use neighborhoods; commercial, office, and industrial development uses; open space, natural resource areas, public buildings, schools, and other public uses, and any other proposed uses;

         i.   A list of all development regulations that will be applied, including conventional zoning district regulations, requested variations to the subdivision regulations, and any other special development regulations;

         j.   A statement on the existing and proposed streets, including right-of-way standards, street design concepts and points of access;

         k.   A description of the following physical characteristics of the existing site: elevation, slope analysis, soil characteristics and tree cover;

         l.   Drainage information describing the basic stormwater management method(s), and referencing any F.E.M.A. 100-year floodplains, floodways, or other areas where a Letter of Map Revision is or will be requested;

         m.   A statement of utility lines and services to be installed, including which lines will be dedicated to the City and which will remain private;

         n.   A statement specifying the number, type, height and display area of signs;

         o.   A description of lighting for the development;

         p.   A description of trash collection facilities for the development;

         q.   A description of sidewalks, pedestrian paths and bikeways within the development;

         r.   A description of screening and landscaping for the development, including any proposed buffers. (Landscaping shall be subject to the current landscape code in effect at time of development);

         s.   A statement describing the guarantees and assurances to be provided for the perpetual maintenance of open space, common areas, drainage areas, recreation areas, sidewalks, parking, private streets, and other privately owned but common facilities serving the project;

         t.   A statement describing any platting requirements for the PUD.

      2.   Planned Unit Development Master Development Plan Map: The master development plan map shall be a graphic representation of the plan for the PUD area prepared at a scale of one-inch equals one hundred feet (1" = 100') The purpose of the map is to conceptually portray the development commitments described in the PUD design statement. The complexity of the map information will depend upon the number and extent of varied land uses in the PUD. The PUD master development plan map shall be submitted in accordance with the following:

         a.   Existing Conditions.

            (1)   General location and acreage in the PUD;

            (2)   Sufficient information, including density of the surrounding area, to demonstrate the relationship of the PUD to adjoining land uses, existing or proposed, streets, and other physical features;

            (3)   Topography on five-foot contours;

            (4)   Common open space and natural resource areas on the site and connected to adjacent sites, such as native rock outcroppings, steep slopes, environmentally sensitive lands, wildlife habitats, stream corridors, and significant vegetation, including tree canopy and healthy mature trees;

            (5)   Specific location of right-of-way widths of adjacent arterial streets, and connectivity points with adjacent sites;

            (6)   Areas where access to streets will be limited, and the number where appropriate;

            (7)   Delineation of F.E.M.A. 100-year floodplain and floodway, if applicable.

         b.   Proposed PUD Elements.

            (1)   Land use designations for each distinct use in the PUD, including the identification of any planned buildings, parking, driveways, open space, easements, setbacks and other specific information about the project;

            (2)   Circulation system, including the general location of collector and local streets, pedestrian paths and bikeways, access points, limits of no access;

            (3)   General location of proposed pedestrian linkages between adjacent properties, showing points of connectivity with the circulation system;

            (4)   General location of parking areas;

            (5)   General location of proposed open space, common areas, drainage and recreation areas;

            (6)   Detailed landscaping plans showing treatment of a minimum of six percent (6%) of the lot area plus street right of way. Location of proposed buffers, tree preservation areas and other proposed landscaping.

         c.   Any other pertinent information necessary for review, approval, and administration of the PUD.

      3.   Review And Approval:

         a.   The PUD application will be considered by the planning commission and city council at public hearings in accordance with established review procedures for consideration of applications for rezoning. As a part of the city review, the planning commission or city council may require additional information, including, but not limited to, the following: evidence of a market feasibility study; preliminary drainage study or other engineering data and plans; infrastructure improvements or dedication of necessary easements and rights of way; traffic study; developer meetings with surrounding property owners; replatting; building elevations; specific plat restrictions, covenants, height, use, setback, or coverage requirements; creation of a property owners’ association; performance bond or other surety for required public improvements.

         b.   Upon final approval by the city council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official zoning districts map. The ordinance of rezoning shall adopt the PUD master plan and all supporting documentation by reference, and it shall become a part of the official records of the city.

         c.   The PUD master plan shall control the development of the property, and all building permits shall be in accord with said plan until it is otherwise amended by the city council. The developer shall furnish a reproducible copy of the master plan map at a scale of one-inch equals one hundred feet (1" = 100') for the chair of the planning commission and the mayor, with acknowledgment by the city clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the city clerk.

   H.   Step 2; Preliminary Plat: Upon approval of the PUD master plan and ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area. Where a recorded plat for the entire area comprising the proposed PUD exists, and where there will be no sale of lots which do not conform to the platted lot lines, the planning commission may waive the platting requirements.

   I.   Step 3; Final Plat: Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the planning commission and city council. In addition to these procedures the final plat shall include:

      1.   Provisions for the ownership and maintenance of common open space. Said open space shall be dedicated to a private association.

      2.   A homeowners’ or property owners’ association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.

      3.   Covenants shall be submitted to reasonably ensure the continued compliance with the approved PUD master plan.

      4.   If there is no plat required, then subsections H1, H2 and H3 of this section shall be submitted and approved as part of the PUD, master plan at the time of rezoning.

   J.   Step 4; Building Permit Application And Site Plan Review: A site plan for the area to be developed within the PUD shall be submitted with the application for a building permit and shall be reviewed by the planning commission for conformance with the standards established in the master development plan.

      No building permit shall be issued by the city for the PUD area until these requirements have been met.

   K.   Abandonment, Continuing City Review, Reversion, Or Effect Of Alternate Rezoning On PUD District Status:

      1.   Property Owner Request: If the property owner determines to abandon the PUD zoning, he shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the planning commission and city council.

      2.   Continuing Review By The City: If development of the PUD has not been started within three (3) years of the date of approval of the PUD rezoning, the city manager shall request a report from the applicant/owner to determine the status of the project. The city manager shall present a report of findings to the planning commission that shall determine the appropriateness of holding a public hearing to consider rezoning the property to Its original district status. Additional three (3) year reviews shall be held as required.

      3.   Alternate Rezoning: An application for rezoning to change part of the area of a PUD to a different zoning district classification shall be considered an amendment of the original PUD. The planning commission shall review the commitments and provisions of the original PUD as approved to determine the impact of the new application on the PUD, and may require rezoning of the entire PUD.

   L.   Updated Standards to the Base Zoning District

      1.   If the standards of the base zoning district are amended, then the most recently amended standards shall apply to a PUD district unless the standards have been individually listed within the PUD adoption ordinance as being different from the base zoning district.

      2.   Base zoning district amendments are applicable to PUD districts and do not require special notice to be provided to the properties within a PUD district. (Ord. 2002-09, 10-24-2002; amd. Ord. 2023-19, 5-23-2024)

   A.   Whenever the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district, unless otherwise specified.

   B.   It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used for industrial or commercial purposes. (1986 Code)

   A.   The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in this chapter:

      1.   An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure. (1986 Code)

      2.   Fences, walls, and hedges in residential districts may be erected in any required yard, or along the edge of any yard, subject to section 12-441 of this part.

      3.   Where the dedicated street right of way is less than sixty feet (60'), the front yard building line shall be measured from the edge of the street easement.

      4.   No dwelling shall be erected on a lot which does not abut on at least one street for a distance of not less than thirty five feet (35'). A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.

      5.   No minimum lot sizes and open spaces are prescribed for commercial and industrial uses. It is the intent of this chapter that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise.

      6.   On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sightlines at elevations between two feet six inches (2'6") and six feet (6') above any portion of the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty five feet (25') along the front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the street intersection.

      7.   An attached or detached private garage which faces on a street shall not be located closer than twenty five feet (25') to the street easement line.

      8.   Unless first approved by the building official, no accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. (Ord. 1996-14, 11-21-1996)

   A.   Landscaping requirement: It is the intent of this section that all new construction in the city shall be so designed that landscaping is included as an integral part of the environment to provide a quality of life and amenities which are complementary to the natural physical surroundings of the city. Requirements for single-family homes and duplexes are provided for in (D) of this section. All multi-family) commercial) industrial, institutional, and public uses shall be landscaped with trees, ornamental shrubs, and green areas according to the following standards.

   B.   Required Area Standards:

      1.   A minimum of five percent (5%) of the total land area of the lot shall be landscaped. At least seventy five percent (75%) of this landscaped lot area shall be in the front or side yards and shall be visible from a public street providing access to the property. Inner courts not visible from a public street shall not be calculated for purposes of meeting this requirement.

      2.   The property owner in all zoning districts shall be responsible for landscaping the right of way area between his property line and the curb. The use of rock, chat, or gravel shall not satisfy this requirement. In addition, this area shall not be:

         a.   Hard surfaced, other than a permitted driveway or sidewalk.

         b.   Used for parking.

         c.   Used for the location of any permanent or temporary accessory or nonaccessory signs.

   C.   Landscape Materials And Plan Standards:

      1.   Application for a building permit shall be accompanied by a detailed landscaping plan for both the required lot area and the area within the public right of way between the property line and the curb. The plan shall conform to the following requirements:

         a.   The location and types of all plants shall be designated.

         b.   There shall be a live tree, having a minimum height of five feet (5') at planting, for every five hundred feet (500') of area to be landscaped, exclusive of the right of way area. However, additional trees are permitted and encouraged to be planted in the right of way area, subject to safety considerations described below.

         c.   Artificial grass or any form of synthetic plant shall not be permitted as part of the requirements for landscaping materials.

         d.   Rock gardens or sculpture may be approved upon review by the planning commission, but use of rock, chat, or gravel as ground cover shall not be considered as meeting the requirements for landscaping.

      2.   Public safety considerations:

         a.   The landscaping plan shall respect requirements for sight triangles at intersections and all other elements relating to traffic control.

         b.   Consideration should be given to the location of trees so that when they reach mature height they do not interfere with utility wires.

         c.   Property owners shall keep vegetation trimmed so that it does not obstruct the free, convenient, and safe travel over and along the streets.

      3.   The landscaping plan shall be reviewed and approved as a part of the building permit review process.

      4.   A certificate of occupancy for a structure shall not be issued until the landscaping has been installed in accordance with the plan; provided, however, that if a structure and all its site improvements are complete except for the landscaping requirements and the season of the year will not permit planting, temporary occupancy may be permitted until a date certain in the growing season. In this case an inspection date in the growing season shall be set by the building official to determine if the landscaping has been installed.

      5.   All landscaping shall be maintained in a live and healthy condition. Failure to install or maintain landscaping as required and approved shall constitute a violation of this code. To ensure successful compliance with this requirement, all required landscaping shall be irrigated by one of the following methods:

         a.   An underground sprinkling system.

         b.   A hose attachment within two hundred feet (200') of all landscaping.

         c.   A drip irrigation system.

   (D)   Landscaping for single-family homes and duplexes: All new single-family homes on interior lots shall have one (1) tree installed in the front yard prior to securing a final certificate of occupancy. All new single-family home on a corner lot shall have one (1) tree installed in the front yard and one (1) tree installed in the side front yard prior to securing a final certificate of occupancy. New duplexes should have one (1) tree installed in the front yard of each unit and one (1) tree installed in the side front yard prior to securing a final certificate of occupancy. Trees required under this section shall have a minimum caliper of two and a half inches (2.5") measured twelve inches (12") above the root ball. Existing trees of similar size or greater on lots described above may count towards meeting the requirements contained in this section. Trees shall be selected from the “Oklahoma Proven - Plant Selections for Oklahoma 1999 - 2020" prepared by the Oklahoma Cooperative Extension Services.

   E.   Parking Lots With Thirty (30) or More Spaces: In addition to the landscape requirements of five percent (5%) of the lot to be landscaped as provided for in Section 12-356.1, for developments containing more than thirty (30) parking spaces. There must be one (1) tree for every ten (10) parking spaces and no parking space shall be more than one hundred (100') feet from a landscaped/open space area. Trees must be a minimum of five (5') feet at the time of planting. The landscaped/open space for small trees (mature height thirty (30') feet or less) shall be no less than five (5') to six (6') feet wide and deep with no less than ten (10') foot spacing. The landscaped/open space area for medium trees (mature height thirty-one (31) to forty (40) feet) shall be no less than seven (7') to ten (10') feet wide and deep with no less than twenty (20') feet spacing between trees. The landscaped/open space area for large trees (mature height forty-one (41) for or more) shall be no less than eleven (11') feet wide and deep with no less than thirty (30') foot spacing between trees.

      1.   In measuring these requirements the following shall apply:

         a.   measuring thru a building shall not be permitted

         b.   landscaped/open areas or islands on adjacent propertied that are not part of the development shall not be used in calculating the one hundred (100') foot distance requirement

         c.   each development must be responsible to meet the distance requirements solely on its own property

         d.   right-of-way may not be used to meet the one hundred (100') foot distance requirement

      2.   Where landscaped islands are used to meet the one hundred (100') foot distance requirement, they shall be designed and build with an eight (8") inch crown. Islands shall be defined as a median or an outer separation. The primary functions of islands are:

         a.   to control & direct traffic movement

         b.   to divide opposing or same direction traffic streams

         c.   to provide for refugee for pedestrians

         d.   to separate driving aisles from parking areas; and

         e.   to separate between parking spaces

      3.   Landscaped islands or areas of outer separation shall be irrigated with an underground pop-up sprinkler or drip irrigation system. These areas shall be kept free of hard-surfacing and besides the installation of trees they shall be used for the installation of grass, decorative rock, or wood chips, shrubs, and other means to provide open spaces and landscaped areas within the development. (Ord. 1995-4, 1-19-1995; amd. Ord. 2022-22, 9-29-2022; Ord. 2023-4, 6-15-2023)

   A.   The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in this chapter:

      1.   In measuring heights, a habitable basement or attic shall be counted as a story. A story in a sloping roof, the area of which story at a height of four feet (4') above the floor does not exceed two-thirds (2/3) of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

      2.   Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit upon approval of the technical review committee.

      3.   Churches, schools, hospitals, sanatoriums, and other public and semipublic buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot (1') for each two feet (2') by which the height of such public or semipublic building exceeds the prescribed height limit. (1986 Code)

In the case of a housing project consisting of a group of two (2) or more buildings to be constructed on a plot of ground of at least two (2) acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual buildings in such housing project, the application of such requirements to such housing project may be changed by the technical review committee, in a manner that will be in harmony with the character of the neighborhood, will ensure 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. In no case shall a use or building height or density of population be permitted which is more than the requirements of the district in which the housing project is to be located. (1986 Code)

   A.   When an office building, commercial building, or a residential structure contains two (2) or more units sharing common walls, each unit, including the land on which it is located, may be sold separately to individual owners subject to the following:

      1.   The multi-unit structure is authorized by a single building permit, and the footprint of the structure as built conforms to all area and height regulations of the zoning district in which it is located.

      2.   Lots may be platted to show the total building lot and individual parts of lots to be conveyed as separate ownerships. A deed of conveyance should designate the lot and specify ownership rights to any common areas that are a part of the development.

      3.   Where an existing lot or unplatted parcel is to be subdivided under the provisions of this section, the planning commission shall review and approve all deeds of conveyance through the lot split-deed approval process.

      4.   Each unit developed through this procedure shall be connected by individual city meters to the municipal water supply, where available, and each unit created shall be provided with, and billed for, all other available municipal services.

   B.   Condominium developments and sales shall be permitted, subject to state laws establishing procedures for conveyance of units. In such cases, the condominium structure as a whole shall conform to the use, area, and height regulations of the zoning district in which the project is located, plus all applicable building and construction codes of the city of Harrah. (Ord. 2006-4, 6-15-2006)

A mobile home shall be parked for storage only in a commercial sales lot as described in section 12-463 of this part. (1986 Code)

Travel trailer parks and mobile home parks shall be constructed in accordance with the city's housing and building code, latest edition. (1986 Code)

The architectural design and materials used for the construction of accessory buildings and fences shall harmonize with the main building to which the building or fence is accessory. (1986 Code)

Animals in any district shall be kept only in accordance with section 4-101 et seq., of this code. (1986 Code)

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the ordinances of the city and the regulations of the liquefied petroleum gas administration of the state. (1986 Code)

   A.   General: All swimming pools shall comply with the requirements of this section and other applicable sections of this code.

   B.   Swimming Pool Defined: A "swimming pool" is any structure intended for swimming, recreational bathing or wading that contains water over twenty four inches (24") (610 mm) deep. This includes inground, aboveground and onground pools; hot tubs; spas; fixed in place wading pools; and inflatable wading pools.

   C.   Public Swimming Pool Regulations: Public swimming pools shall be completely enclosed by a fence at least four feet (4') (1,290 mm) in height or a screen enclosure. Openings in the fence shall not permit the passage of a four inch (4") (102 mm) diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates.

   D.   Residential Swimming Pool Regulations: Residential swimming pools, excluding spas with a lockable safety cover, shall be enclosed by a barrier which complies with the following requirements:

      1.   Barrier Height And Clearances: The top of the barrier shall be at least forty eight inches (48") (1,219 mm) above grade, measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (2") (51 mm), measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier is authorized to be at ground level or mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (4") (102 mm).

      2.   Barrier Openings: Openings in the barrier shall not allow passage of a four inch (4") (102 mm) diameter sphere.

      3.   Solid Barrier Surfaces: Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

      4.   Closely Spaced Horizontal Members: Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty five inches (45") (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width.

      5.   Widely Spaced Horizontal Members: Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is forty five inches (45") (1,143 mm) or more, spacing between vertical members shall not exceed four inches (4") (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width.

      6.   Chainlink Dimensions: Maximum mesh size for chainlink fences shall be a 2.25 inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1.75 inches (44 mm).

      7.   Diagonal Members: Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 1.75 inches (44 mm).

      8.   Gates: Access gates shall comply with the construction and material requirements contained herein and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than fifty four inches (54") (1,372 mm) from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches (3") (76 mm) below the top of the gate; and the gate and barrier shall have no opening greater than 0.5 inch (12.7 mm) within eighteen inches (18") (457 mm) of the release mechanism.

      9.   Dwelling Unit Wall As A Barrier: Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:

         a.   Other means of protection, such as self-closing doors with self-latching devices, which are approved by the administrative staff shall be accepted so long as the degree of protection afforded is not less than the protection required by all city codes.

      10.   Pool Structure As Barrier: Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of this section. When the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a four inch (4") (102 mm) diameter sphere.

   E.   Indoor Swimming Pools: Walls surrounding indoor swimming pools shall not be required to comply with the requirements of this section.

   F.   Prohibited Locations: Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. (Ord. 2004-2, 2-19-2004)

Signs, billboards, posters, bulletin boards, or other similar displays shall conform to the requirements as described in this code. (1986 Code)

   A.   A nonconforming building or structure existing at the time of adoption of this chapter may be continued, maintained and repaired, except as otherwise provided in this section.

   B.   A nonconforming building or structure shall not be added to or enlarged in any manner unless the building or structure, including additions and enlargement, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yards or height or off street parking spaces, the building or structure may be enlarged or added to, provided that the enlargement or addition complies with the yard and height and off street parking requirements of the district in which the building or structure is located. No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of the building or structure is made to conform to all of the regulations of the district in which it is located.

   C.   Any advertising sign, billboard, commercial advertising structure, or statuary, which is lawfully existing and maintained at the time this chapter became effective, which does not conform with the provisions hereof, shall not be structurally altered and all such nonconforming advertising signs, billboards, commercial advertising structures and statuary, and their supporting members shall be completely removed from the premises not later than three (3) years from the effective date of this chapter. (1986 Code)

   A.   A nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure or changed except to a conforming use. In such a nonconforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

   B.   A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one year after the effective date of this chapter, but otherwise it shall be used in conformity with the regulations of the district in which it is located.

   C.   The use of a nonconforming building or structure may be changed to a use of a more restricted district classification; provided that such change in use conforms to the provisions of the district in which it is located; but where the use of nonconforming building or structure is changed to a use of more restricted district classification it thereafter shall not be changed to a use of a less restricted district classification. (1986 Code)

   A.   A nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than one thousand dollars ($1,000.00), existing at the time of adoption of this chapter, may be continued for a period of not more than three (3) years therefrom, provided that:

      1.   The nonconforming use may not be extended or expanded, nor shall it occupy more area that was in use on the effective date of this chapter.

      2.   If the nonconforming use or any portion thereof is discontinued for a period of six (6) months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which it is located. (1986 Code)

Existing commercial establishments located in all C districts shall meet the parking requirements set forth in this chapter if the establishment is enlarged. (1986 Code)

   A.   When a commercial or industrial property is being developed with more than one structure, it shall be considered as having potential for future subdivision and division of ownership. Therefore, each structure on said property constructed for occupancy shall be required to have individual water and sanitary sewer connections to the city utility system in a manner that conforms to minimum standards of the city codes.

   B.   Where, as of January 15, 2004, multiple structures exist on a property and share a common private utility line to the City main, no land subdivision to divide the developed property into separate ownerships shall be approved until provision is made for construction of new facilities to connect each subdivided property to City mains.

   C.   This requirement shall not be applied to multiple occupancies in an individual building, such as a shopping center structure or an office building. (Ord. 2004-1, 1-15-2004)

   A.   Purpose: The section is intended to ensure that activity areas in the community are developed in a manner that complements the high quality of residential development expected of the City’s neighborhoods. The regulations, therefore, are intended to require a high standard for construction of buildings located in highly visible areas of the City as identified below and are established in addition to the use and development regulations of the applicable zoning district and all other City Construction Code requirements.

These regulations shall apply to new commercial buildings built in the C-l Local Commercial District, C-2 General Commercial District, C-3 Highway Commercial and Open Display District, CBD District and PUD’S where commercial buildings and commercial zoning are authorized. Modifications to the requirements contained in this section may be considered by the Planning Commission and City Council with the City Council action being final. The fee to request modifications shall be set by the city council in the city fee schedule. The request for modification shall be accompanied by renderings of all four building sides with proposed building materials.

   B.   Exterior building and related structure standards requirements:

      1.   Building Facades. Building Facades which are greater than 100 feet in length which are visible from a public right-of-way, must be divided into architecturally distinct sections of no greater than 40 linear feet through the use of different textures, bays, wall/roof offsets (a minimum of 12 inches in depth) such as projections and recessed, and/ or changes in floor level. Roof line offsets should be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

      2.   Ground Level Detailing.

         a.   Mechanical equipment: All mechanical equipment shall be completely screened from the ground level of any adjacent property with architectural materials that are consistent with those used on the primary building.

         b.   Ventilation Grates and Emergency Exit Doors: Ventilation grates or emergency exit doors located at the first-floor level in the building facade, which are oriented to any public right-of-way, should be decorative. Unless otherwise required by the building code, such grates and doors should be located away from pedestrian spaces (sidewalks and pedestrian paths).

      3.   Windows.

         a.   Window openings, other than trancoms, display windows, and accent windows on upper stories should be taller than they are wide.

         b.   Windows should not be flush with exterior wall treatments. A header and sill is required for all windows in masonry construction.

         c.   Glazing should be clear.

         d.   Windows should have trim around all four sides.

      4.   Building Walls.

         a.   Wall materials: All building walls shall be brick, stone, or stone masonry units, wood clapboard, cementitious fiber board, exposed heavy timber, architectural concrete masonry units (GMU} or finished tilt-up concrete panel.

         b.   Balance of Wall Materials: When 2 or more are used on a facade, the heavier material should be placed below the lighter material (e.g. siding over brick) to give the sense of support and grounding.

         c.   Colors: The use of harsh high-intensity, metallic, fluorescent, day glow, or neon colors is prohibited. Variations in color schemes are encouraged to articulate entry ways and public amenities so as to give greater recognition to these features. Facade colors shall be low reflectance, subtle, neutral or earth tone colors. (Ord. 2022-18, 7-21-2022)

It is the intent of these requirements that adequate parking and loading facilities be provided off the street easement for each use of land within the City. Requirements are intended to be based on the demand created by each use. These requirements shall apply to all uses in all districts. (1986 Code)

   A.   Off-street parking or loading space shall be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.

   B.   The area required for off-street parking shall be in addition to the yard areas herein required; except that the front yard required in a C-1 local commercial district or an I-1 restricted manufacturing and wholesale district may be used for uncovered parking area provided that a screening easement planted and maintained in shrubbery be reserved on the front five feet (5') of the yard requirement; and further provided that the front yard required in residential districts may be used for the uncovered parking area for four (4) or less vehicles associated with a residential use when the area is surfaced with a sealed surface pavement adequate to prevent the occurrence of mud and dust with continued use, and may be used for an uncovered parking area for more than four (4) vehicles only in accordance with the provisions of this article.

   C.   The off-street parking lot shall be located on the same parcel, exclusive of street and alley widths, as the principal use and shall have direct access to a street or alley. (1986 Code)

   A.   Off-street parking and loading facilities shall be provided in all districts in accordance with the following schedule:

      1.   Dwelling, Single-Family: One parking space for each separate dwelling unit within the structure.

      2.   Dwelling, Multiple-Family Or Duplex: The number of spaces provided shall not be less than one and one-half (11/2) times the number of units in the dwelling.

      3.   Boarding Or Rooming House Or Hotel: One parking space for each two (2) guests provided overnight accommodations.

      4.   Hospitals: One space for each four (4) patient beds, exclusive of bassinets, plus one space for each staff or visiting doctor, plus one space for each three (3) employees including nurses, plus adequate area for the parking of emergency vehicles.

      5.   Medical Or Dental Clinics Or Offices: Six (6) spaces per doctor plus one space for each two (2) employees including nurses.

      6.   Sanatoriums, Convalescent, Or Nursing Homes: One space for each six (6) patient beds, plus one space for each staff or visiting doctor, plus one space for each two (2) employees including nurses.

      7.   Convention Hall, Lodge, Club, Library, Museum, Place Of Amusement Or Recreation: One parking space for each fifty (50) square feet of floor area used for assembly or recreation in the building.

      8.   Office Building: One parking space for each three hundred (300) square feet of gross floor area in the building, exclusive of the area used for storage, utilities and building service.

      9.   Commercial Establishments Not Otherwise Classified: One parking space for each two hundred (200) square feet of floor space used for retail trade in the building and including all areas used by the public.

      10.   New Mobile Home Parks: In new mobile home parks at least two (2) clearly defined parking spaces shall be provided for each mobile home space either on or adjacent to the mobile home space.

      11.   Industrial Establishments: Adequate area to park all employees' and customers' vehicles at all times and adequate space for loading, unloading and storing all vehicles used incidental to or as a part of the primary operation of the establishment.

   B.   For all uses not covered in subsections A1 through A11 of this section, the planning commission shall make a determination of the parking demand to be created by the proposed use, and the amount of parking thus determined shall be the off-street parking requirements for the permitted use. (Ord. 1999-8, 6-3-1999)

   A.   Whenever off-street parking lots for more than four (4) vehicles are to be located within or adjacent to a residential district, the following provisions shall apply:

      1.   No parking shall be permitted within a front yard setback line established fifteen feet (15') back of the property line of interior and corner lots whenever the parking lot is located in a Residential District or immediately abuts the front yard of a residential unit. In all other cases no setback shall be required.

      2.   All yards shall be landscaped with grass and shrubs and maintained in good condition the year-round. All sides of the lot abutting the Residential District shall be enclosed with an opaque, ornamental fence or wall, having a height of not less than five feet (5') or more than six feet (6'). Such fence, wall, or hedge shall be maintained in good condition. (1986 Code)

      3.   Driveways used for ingress and egress shall be confined to and shall not exceed twenty five feet (25') in width at the curb entrance, exclusive of curb returns. (Ord. 1993-20, 11-4-1993)

      4.   Whenever lighting is provided, the intensity of light and arrangement of reflectors shall be such as not to interfere with Residential District uses.

      5.   No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lots. Only nonintermittent white lighting or signs shall be permitted. (1986 Code)

   A.   Except as provided in this section, all parking spaces shall be paved with a sealed surface pavement and maintained in such manner that no dust will result.

      1.   A site previously developed for a permitted use, but improved with a nonconforming parking lot, shall be permitted to continue to be used with the existing parking facility, provided:

         a.   Expansion or upgrading of an existing commercial or institutional structure requiring a building permit shall require that parking areas be paved with a sealed dust-free surface.

         b.   New construction or rezoning requires improvement of parking areas to conform to the then current City Paving Standards on file at City Hall. (Ord. 1998-4, 6-4-1998)

      2.   In Commercial and Industrial Zoning Districts where hard surface paving is required, areas which are used for storage of vehicles or equipment shall be permitted to have a minimum gravel surface to a depth of not less than three inches (3"). (Ord. 1998-4, 6-4-1998; amd. Ord. 2019-9, 7-15-2019)

   A.   All single-family and two-family residences shall be provided with adequate paved driveway to park all motor vehicles of the occupants of the residence. The driveways shall have a minimum width of sixteen feet (16') and a maximum width of twenty five feet (25'), except as provided below:

      1.   Where the front yard setback of the building as constructed exceeds forty feet (40'), the driveway may be reduced to a width of nine feet (9').

      2.   Where a circular driveway has been constructed, the width of the driveway shall be a minimum of ten feet (10') and a maximum of sixteen feet (16'). The main drive from the street to the garage may also be reduced to nine feet (9').

      3.   Where a paved "T" area has been provided for parking of vehicles the main driveway width may be reduced to nine feet (9').

      4.   There shall be no requirement for a paved or a sixteen foot (16') driveway in the A-1 General Agricultural and A-2 Suburban Districts, provided that adequate parking areas for the vehicles of all occupants are provided in conformance with driveway surface requirements, and further provided that the lot meets the minimum size and area requirements for the zoning district.

      5.   All driveways shall be designed to intersect streets at a ninety degree (90°) angle unless an alternate design is approved by the City Engineer.

      6.   On a corner lot, no driveway curb cut shall be located closer than twenty five feet (25') to the right-of-way line of the intersecting street. (Ord. 1994-3, 1-20-1994)

Except as provided in this section, all driveways shall be paved in conformance with the street and driveway paving standards established by the City Engineer and approved by the City Council.

   A.   In the A-1 and A-2 Zoning Districts, driveways shall be improved in conformance with one of the following:

      1.   Driveways providing access from a curb and gutter street shall meet the City standard for urban driveways.

      2.   A driveway providing access from an arterial street, section line street, or a State or Federal highway, and all driveways providing access to uses other than single-family residential and agricultural, shall be paved with portland cement concrete to a minimum depth of four inches (4") from the edge of the roadway paving to the property line or for a distance that will extend over the drainage structure beneath the driveway, whichever is the lesser.

      3.   A driveway providing access from any other street not identified in subsection A2 of this section which is improved with a hard surface (portland cement or asphalt), but without curb and gutter, shall be paved with portland cement concrete to a depth of four inches (4") from the edge of the roadway paving to the property line or for a distance that will extend over the drainage structure beneath the driveway, whichever is the lesser.

      4.   A driveway providing access to a single-family residential or agricultural use from a gravel surface or lesser quality street shall be improved with a minimum surface of six inches (6") of compacted gravel from the edge of the street surface to the property line.

   B.   In all zoning districts, where drainage is carried in a swale adjacent to the roadway, no construction shall begin on a lot until a minimum of a temporary driveway is installed with an approved drainage structure in place prior to the commencement of any construction activity on a lot. All construction vehicles shall be restricted to use of this driveway for property access. (Ord. 1998-3, 2-19-1998)

   A.   The basic parking shall be nine (9') feet in width and eighteen (18') feet in length.

   B.   Aisles, parking spaces, and circulation shall be provided in accordance with the following figures in this section.

   C.   Nothing in these standards shall prohibit an owner/applicant from providing larger aisle widths or stall dimensions in excess of these minimum standards in order to better suit the development requirements.

   D.   Vehicle Stacking Requirements:

      1.    Stacking spaces are used to measure the capacity of a drive-through lane to hold cars while transactions are taking place at drive-through stations. Stacking spaces measure eight feet wide by twenty (20') feet long and provide direct access to a service window. The position in from of a drive-through station (i.e., a service window, ATM, or station at a drive-through bank) is counted as a stacking space.

      2.   Uses that include drive-through service shall provide not less than the following numbers of stacking spaces:

         a.   Financial Institutions, drive-through convenience retail, or pharmacies:

            Three (3) stacking spaces per drive-through. Station.

         b.   Drive through restaurants:

            Four (4) stacking spaces to each menu board

            Four (4) stacking spaces between the menu board and first window (including the position at the first window); and

            Two (2) space s betw een the first wind ow and the secon d window (including the position at the second window). (See Following Figure).

            If one service window is provided (for both payments and pick-up):

               1.   Six (6) stacking spaces between the menu board; and

               2.   Five (5) stacking spaces between the menu board and the service window.

         c.   Drive-through only uses in buildings with less than three hundred (300) square feet of gross floor area and no separate menu board ( e.g. coffee stands, photo processing): Three (3) stacking spaces per service window.

         d.   Dry cleaners: Two (2) stacking spaces, including the position at the window.

         e.   Vehicle Wash:

            Three (3) stacking spaces for each bay in a self-service vehicle wash facility. Five (5) stacking spaces for each in-bay or conveyor vehicle wash facility; and if the facility provides detailing, manual drying or polishing, and/or vacuuming, sufficient area to provide those services without creating additional demand for stacking at the vehicle wash entrance.

      3.   Design:

         a.   Stacking lanes shall be clearly marked and shall not interfere with on-site or off-site traffic circulation.

         b.   Stacking areas shall not be located between the facade of a building and the public street upon which the building fronts unless there is a grade change of at least five (5') feet between the centerline of the street and the stacking area or alternatively, there is a buffer yard of twenty (20%) percent capacity.

         c.   Stacking lanes shall be designed with an abutting eight-foot-wide bypass lane. (Ord. 2023-3, 5-4-2023)

The number and design of parking spaces that are accessible to disabled persons shall be based upon the 2010 ADA Standards for Accessible Design and subsequent editions. (Ord. 2023-3, 5-4-2023)

This chapter shall be enforced by the City Clerk, City Manager or Planning Commission or designee, acting under the direction of the Mayor. Requests for building permit forms shall be obtained from the City Clerk. Requests to erect, alter, move or improve all buildings shall be approved by the City Manager after verifying that the plans are in conformance with all ordinances of the City. It is a violation of this chapter for any person to change or permit the change in the use of land or buildings or structure or to erect, alter, move or improve any building or structure until a building permit or certificate of occupancy has been obtained. (1986 Code)

   A.   No building or structure shall be built, enlarged, altered or moved without a permit from the building official. The applicant for a building permit may be required to furnish the following information:

      1.   A plot plan, drawn to scale, showing the exact size, shape, and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, together with a statement of the materials to be used, the size, arrangement and number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities.

      2.   A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate.

      3.   Additional information relating to the proposed improvement needed to determine compliance with these regulations. (1986 Code)

   A.   Except as provided herein, an earth moving, excavation, or disturbance permit shall be obtained from the City whenever the surface or contours of any property in excess of one acre are proposed to be altered, including the following:

      1.   Changing any of the physical contours through grading, or by creating a drainage system to alter the existing direction or capacity of stormwater runoff;

      2.   Excavation, including, but not limited to, borrow pit, quarry, mining, or soil or rock removal;

      3.   Any landfill or surface build up of a parcel, or portion of a parcel, that will exceed one acre;

      4.   Any proposed removal of tree cover or vegetation that is determined by the City to have a potential impact on the subject or surrounding properties in terms of soil erosion, increase in stormwater runoff, or natural sight proof screening;

      5.   When grades are proposed to be altered to affect the relationship of the existing property with an adjacent street or road;

      6.   Grading of a proposed subdivision or development site in excess of one acre prior to submittal and City approval of either a preliminary plat or a plan for grading and drainage where there is no platting requirement;

      7.   Normal cultivation of existing agricultural fields in preparation for planting of crops shall not be subject to this requirement.

      8.   All criteria in section 12-433, "Erosion And Sedimentation Control Measures For Public And Private Improvements", of this part shall be met by the applicant. (Ord. 2003-6, 9-4-2003)

   A.   No change shall be made in the use of any commercial land or building or structure after the passage of this chapter until a certificate of occupancy is obtained from the building official certifying compliance with all of the provisions of this chapter. Whenever a building permit is issued for the erection of a new commercial building or structure, an occupancy permit shall also be required, prior to occupancy. As a minimum the applicant shall furnish the following:

      1.   Proposed uses.

      2.   Code inspection status.

      3.   Building dimensions.

      4.   Zoning classification.

   B.   For those uses listed as conditional uses an occupancy permit shall be obtained from the building official prior to occupancy and operation. Conditions for use shall be certified by the planning commission. Additionally, all building codes must be met as certified by the building official prior to issuance of an occupancy permit. (1986 Code)

   A.   The uses listed under the various districts herein as special permit uses are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses make it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the uses permitted on review with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:

      1.   An application shall be filed with the city planning commission for review. The application shall show the location or intended use of the site, the names of all the property owners and existing land uses within three hundred feet (300') and any other material or information pertinent to the request which the planning commission may require.

      2.   Notice shall be mailed to neighboring property owners no less than ten (10) days prior to the hearing, and published in a paper of local circulation at least seven (7) days prior to the hearing to consider.

      3.   The planning commission shall hold one or more hearings thereon.

      4.   The planning commission shall, within forty five (45) days of the date of application, consider the effect of such proposed use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the general welfare. Thereupon they shall approve or deny the application.

      5.   An application denied shall not be considered further unless the applicant, within fifteen (15) days from the date of the planning commission action, files a written request with the city clerk for a hearing before the city council. Upon notice of such request from the city clerk the planning commission shall forthwith transmit the application and its report to the city council. The city council shall hold a hearing on each such application forwarded to it from the planning commission. All such hearings shall be in compliance with conditions as set forth in this chapter. The council may move to take the application under consideration for a period not to exceed ninety (90) days from the date of the public hearing. After consideration, the council shall approve, deny or return the application to the planning commission for further consideration. (1986 Code)

   A.   The following criteria must be met to be eligible as a use permitted on review:

      1.   Flea Markets/Swap Meets - Indoors:

         a.   Eligible in C-2, C-3, I-2, I-3.

         b.   Compliance with code provisions:

            (1)   All mechanical systems, occupancy load computations, eating establishments, plumbing and other pertinent systems or components shall comply with those requirements for mercantile operations as found in the latest edition of the mechanical code, as adopted within this code.

            (2)   All electrical systems or components shall comply with those requirements for operation as found in the latest edition and as it may be amended of the city's electrical code, as adopted within this code.

            (3)   Parking shall comply with all requirements as found in article D of this chapter.

            (4)   All disposal of trash and refuse shall comply with all requirements as found in this code.

      2.   PWECS (Private Wind Energy Conversion Systems):

         a.   All structural elements shall meet or exceed a designed wind load for a wind velocity of one hundred twenty (120) miles per hour.

         b.   The PWECS tower shall be so situated on the lot that the distance from all property lines shall be no less than the height of the tower. All guys and anchors shall meet the yard requirements of the district in which the tower is located.

         c.   Access to the system by climbing shall be limited by a fenced yard with a locking portal, or by a fence six feet (6') tall with a locking portal a distance of three feet (3') from the base of the PWECS tower, or by limiting climbing apparatus to no more than twelve feet (12') from the ground, or by an anticlimbing device twelve feet (12') from the ground.

         d.   PWECS may be installed only upon the issuance of a building permit.

         e.   No PWECS, located in a residential district or on property developed for residential purposes, shall be erected, constructed or maintained upon the roof of a structure.

         f.   All PWECS towers shall be located to the rear of the primary structure.

         g.   Nothing in this section shall be interpreted to authorize the establishment of a commercial power generator facility.

         h.   The height of a PWECS tower shall be measured from grade to the center of the hub.

         i.   Any PWECS found to cause interference with microwave transmissions or residential television or radio reception must either be modified to alleviate the problem or removed within thirty (30) days.

         j.   At least one sign shall be posted at the base of the tower warning of the hazard of electrical shock and describing or illustrating shutdown procedures. (1986 Code)

      3.   Adult Entertainment Uses:

         a.   C-3 District: Eligible in C-3.

         b.   Location:

            (1)   No special permit for an adult entertainment use shall be granted for any proposed location which is within a one thousand foot (1,000') radius of any other adult entertainment use.

            (2)   No adult entertainment use shall be located within five hundred feet (500') of any church, synagogue, mosque, temple, or any other similar religious building regularly used for prayer, religious activities or worship services, public or private school which offers a compulsory educational curriculum, public or private park or playground, public library, or land zoned A-2, R-1A, R-1B, R-2A, or R-2B.

            (3)   Surrounding business uses should be considered in terms of possible traffic impacts, limitation of hours of operation, and potential impacts on the stability of existing and proposed retail and office businesses.

         c.   Required Distances: All required distances shall begin at the property line of the proposed use and be measured to the nearest property line of the religious building as described, school, park, library, or residentially zoned property.

         d.   Nonconforming Use: Any business which is in violation hereof shall be deemed a nonconforming use. Such use shall not in any manner be enlarged, extended, altered, or rebuilt except that such use may be changed so as to comply with the requirements of this section. Such use is deemed nonconforming until such uses shall be terminated or be brought into compliance.

         e.   Complying Use: In the event that any two (2) or more adult entertainment uses are located within one thousand feet (1,000') of each other, the adult entertainment use which shall have been first licensed or continually operated shall be deemed to be the complying use.

   A.   The uses listed under the various districts herein as special permit uses are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses make it desirable that they be may be permitted to locate therein. The following procedure is established to integrate property the special permit uses with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedures:

      1.   An application shall be filed with the city planning commission for review. The application shall show the location or intended use of the site, the names of all the property owners and existing land uses within three hundred feet (300') and any other material or information pertinent to the request which the planning commission may require.

      2.   Notice shall be published and mailed to property owners at least seven (7) days before the hearing.

      3.   The planning commission shall hold one or more public hearings thereon.

      4.   The planning commission shall, within forty five (45) days of the date of application, transmit to the city council its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the general welfare, and the recommendation of the planning commission concerning the use thereon. Thereupon, the city council may authorize or deny the issuance of a permit for the use of land or buildings as requested. (1986 Code)

   A.   The following criteria are established for each use subject to review before issuance of a special permit:

      1.   Communications Towers And Antenna Regulations:

         a.   General Description: The following described devices are subject to issuance of a special permit, except for certain described antennas serving residences which are specifically permitted by right. All placement of such defined devices is subject to the provisions contained herein. It is the intent of this section to establish minimum standards for location, siting, and regulation of communications towers and antennas in order to: 1) minimize adverse visual effects of towers through careful design, siting, and vegetative screening; 2) avoid potential damage to adjacent properties from tower failure and falling objects through engineering and careful siting of tower structures; 3) allow for reasonable location and use for communications towers and antennas; and 4) address adverse effects on human health and safety. Theses regulations shall be applied and interpreted in a nondiscriminatory manner to facilitate the development of communications services for the benefit of the citizens of the community. As specified herein, certain facilities shall require a special permit prior to installation.