(A)   This district is composed of certain land and structures used primarily for agricultural purposes.

   (B)   The regulations for this district are intended to recognize the transition between agricultural uses of land and communities; to encourage the continued use of that land which is suitable for agriculture, but limit any land uses that may be detrimental to normal community expansion.

      (1)   Permitted uses.

         (a)   Agriculture uses, with a maximum of one animal unit per acre, excluding the expansions of existing or development of new intensive livestock facilities operations exceeding one animal unit per acre;

         (b)   One-family detached dwellings used in conjunction with agricultural operations. One- family dwellings not used in conjunction with agricultural operations shall not be located within one-quarter mile of an existing commercial feedlot, as defined herein;

         (c)   Cemeteries, including crematories, columbariums and mausoleums when used in conjunction with a cemetery;

         (d)   Dog kennels; provided, no structure or pen housing any animals shall be located nearer than 750 feet to the boundary of any residential district;

         (e)   Educational institutions, as follows:

            1.   Boarding schools and academies;

            2.   Colleges and universities; and

            3.   Primary, intermediate and secondary schools.

         (f)   Child care centers when located in a non-residential building;

         (g)   Hospitals, sanitariums, rest homes and nursing homes;

         (h)   Libraries and museums;

         (i)   Oil or gas well drilling; provided, such well is, or will be, located more than 500 feet from any school, residential district boundary or any residential building other than a residential building occupied by the owner, lessee or operator of the premises on which the well is located;

         (j)   Public service and public utility uses, as follows; provided, such use is, or will be, located more than 300 feet from the boundary of any residential district:

            1.   Electric and telephone substations and distribution centers;

            2.   Gas regulator stations;

            3.   Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the transmission, as distinguished from distribution to consumers, of telephone or other communications, electricity, gas or water, operated or maintained by a public utility, as defined in this or these regulations;

            4.   Police or fire stations;

            5.   Pumping stations;

            6.   Radio, television and microwave transmitting or relay stations and towers;

            7.   Telephone exchanges;

            8.   Transformer stations;

            9.   Water reservoirs and standpipes; and

            10.   Sanitary landfill.

         (k)   Recreational and social facilities, as follows:

            1.   Country clubs, including golf, swimming and tennis clubs;

            2.   Golf courses, but not including golf driving ranges, pitch and putt or miniature golf courses;

            3.   Non-commercial recreational buildings, community centers, auditoriums, stadiums and arenas;

            4.   Parks and playgrounds;

            5.   Privately owned dwellings for seasonal occupancy and not designed or used for permanent occupancy, such as summer homes and cottages, and hunting and fishing lodges and cabins; and

            6.   Public athletic fields.

         (l)   Religious institutions as follows:

            1.   Churches, chapels, temples and synagogues;

            2.   Convents, seminaries, monasteries and nunneries; and

            3.   Rectories, parsonages and parish houses.

         (m)   Stables, provided no structure housing horses shall be located nearer than 750 feet from the boundary of a residential district;

         (n)   Well head stations, well separators and other similar above the ground facilities customarily used for distribution, transmission or storage of oil or natural gas, provided no such equipment shall be located nearer than 500 feet from the boundary of any residential district. Such equipment may be in enclosed buildings or in the open, but must be completely enclosed behind a chain link fence with a two-inch or less mesh, or its equivalent, not less than six feet in height; and

         (o)   Supervised group home housing for the developmentally disabled as licensed by the state.

      (2)   Conditional uses.

         (a)   Airports;

         (b)   Community sewage treatment plants;

         (c)   Excavation, extraction or mining of sand, gravel or other raw materials from the earth for resale. The conditions imposed on such excavation, extraction or mining may include but are not limited to, requirements for setbacks from schools and residential districts, screening, fencing, redevelopment and restrictions on the grade of the excavation and vehicular access thereto;

         (d)   Intensive livestock facilities/operations, as defined in these regulations and in conformance with all requirements of state regulations governing such activities. These facilities/ operations shall not be located within one-half mile of the corporate limits of the city or within one-quarter mile of an existing residential dwelling;

         (e)   Garbage and trash dumps;

         (f)   Greenhouses, including hotbeds, coldbeds and publicly and privately-owned experimental stations for horticultural research and development;

         (g)   Landscape gardening contractors’ offices and yards;

         (h)   Nurseries;

         (i)   Oil or gas well drilling when not permitted by subsection (B)(1)(i) above;

         (j)   Rose gardens;

         (k)   Recreational facilities such as campgrounds, youth camps, gun clubs and skeet and trap shooting ranges;

         (l)   Public service and public utility uses listed in subsection (B)(1)(j) above, but which are, or will be, located nearer than 300 feet to the boundary of a residential district;

         (m)   Truck gardens, including the growing of fruit, vegetables, berries, melons and flowers;

         (n)   Sanitary landfill;

         (o)   Wholesale florists;

         (p)   Where airports have been established the Holdrege Airport Authority shall have the authority to allow the placement of one mobile home on the airport for the exclusive use of the airport manager and his or her immediate family;

         (q)   One mobile home as a temporary residence located on not less than 50 acres of farm land used entirely for agricultural purposes; provided that, said residence is occupied only by a full-time employee of the owner, lessee or renter of said farm land; and

         (r)   Residential building on no less that one-half acre lots in an agricultural zone within the city limits. The minimum lot frontage to be no less than 100 feet.

      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of Art. 5, § 11-514, regarding sign regulations.

      (4)   Lot size.

         (a)   The minimum lot area shall be five acres;

         (b)   Minimum lot width: 150 feet; and

         (c)   Minimum lot depth: 150 feet.

      (5)   Setback requirements. Yard requirements in an A Agricultural District shall be as follows:

         (a)   Minimum front yard: 50 feet, measured from the front lot line, or 80 feet, measured from the centerline of section line road or major arterial street or highway, whichever is greater;

         (b)   Minimum side yard on each side of a lot:

            1.   One-family dwellings: ten feet; and

            2.   All other permitted and conditional uses: 15 feet.

         (c)   Minimum rear yard: 25 feet.

      (6)   Height of buildings. In an A Agricultural District, no building shall exceed 45 feet in height; except that, silos, barns and structures used strictly for agricultural purposes may exceed this height.

      (7)   Lot coverage. In an A Agricultural District, buildings shall not occupy more than 30% of the lot area.

(2005 Code, § 11-201)

   (A)   This district is composed of certain quiet, low-density residential areas of the city, plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where children are members of many families and to prohibit activities of a commercial nature. To these ends, development is limited to single-unit dwellings providing homes for the residents, plus certain public facilities, which serve the residents of the district.

   (B)   The following regulations shall apply to all R Districts.

      (1)   Uses permitted outright.

         (a)   One-family dwelling and their accessory uses;

         (b)   Manufactured homes which comply with the provisions of Art. 5, § 11-513, of this chapter;

         (c)   Home occupations in accordance with Art. 5, § 11-503, of this chapter;

         (d)   Church; and

         (e)   School: primary, elementary, junior high or senior high.

      (2)   Conditional uses permitted. The following uses and their accessory uses are permitted in an R District when authorized in accordance with the requirements of this chapter governing conditional uses:

         (a)   Governmental structure or use including public park, playground, recreation building, fire station, library or museum; and

         (b)   Utility substation or pumping station with no equipment storage.

      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of Art. 5, § 11-514, of this chapter.

      (4)   Lot size. The lot size in an R District shall be as follows:

         (a)   The minimum lot area shall be 15,000 square feet;

         (b)   The minimum lot width at the front building line shall be 90 feet; and

         (c)   The minimum lot depth shall be 125 feet.

      (5)   Setback requirements. The yards in an R District shall be as follows.

         (a)   The front yard shall be a minimum of 25 feet or an established setback line.

         (b)   Each side yard shall be a minimum of 10% of the width of lot at the building line; except that, on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting the street.

         (c)   The rear yard shall be a minimum of ten feet.

         (d)   The entrance side of a garage or carport shall be set back at least 25 feet from the access street; except that, in the case of an alley, the entrance shall be set back at least 18 feet from the property line of the alley.

      (6)   Height of building. In an R District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.

      (7)   Lot coverage. In an R District, buildings shall not occupy more than 30% of the lot area.

      (8)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the supplementary provision in § 11-515 of this chapter.

      (9)   Accessory use structures. In an R District, an accessory use structure shall nor exceed 20 feet in height or 1,200 square feet in size.

(2005 Code, § 11-202) (Ord. 2150, passed 2-3-1998; Ord. 2387, passed 2-7-2017)

   (A)   This district is composed of certain quiet, low-density residential areas of the city, plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where children are members of most families and to prohibit activities of a commercial nature. To these ends, development is limited to single-unit dwellings providing homes for the residents plus certain public facilities, which serve the residents of the district.

   (B)   The following regulations shall apply to all R-1 Districts.

      (1)   Uses permitted outright.

         (a)   One-family dwelling and their accessory uses;

         (b)   Manufactured homes which comply with the provisions of Art. 5, § 11-513, of this chapter;

         (c)   Home occupations in accordance with Art. 5, § 11-503, of this chapter;

         (d)   Church;

         (e)   School: primary, elementary, junior high, senior high; and

         (f)   Hospital, sanitarium, rest home, home for the aged, nursing or convalescent home.

      (2)   Conditional uses permitted. The following uses and their accessory uses are permitted in an R-1 District when authorized in accordance with the requirements of this chapter governing conditional uses:

         (a)   Governmental structure or use including public park, playground, recreation building, fire station, library or museum;

         (b)   Utility substation or pumping station with no equipment storage;

         (c)   Supervised group home for youth operated by the state or agency or department thereof; or duly licensed, franchised or authorized by the state; and

         (d)   Duplex (a building containing two dwelling units per lot).

      (3)   Signs. All signs shall be in conformance with the regulations provided herein with the provisions of Art. 5, § 11-514, of this chapter.

      (4)   Lot size. The lot size in an R-1 District shall be as follows.

         (a)   The minimum lot area shall be 7,000 square feet for an interior lot and 8,000 square feet for a corner lot.

         (b)   The minimum lot width at the front building line shall be 50 feet for an interior lot and 60 feet for a corner lot.

         (c)   The minimum lot depth shall be 100 feet.

      (5)   Setback requirements. The yards in an R-1 District shall be as follows.

         (a)   The front yard shall be a minimum of 25 feet.

         (b)   Each side yard shall be a minimum of 10% of the width of lot at the building line; except that, on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting a street.

         (c)   The rear yard shall be a minimum of ten feet.

         (d)   The entrance side of a garage or carport shall be set back at least 25 feet from the access street; except that, in the case of an alley, the entrance shall be set back at least 18 feet from the property line of the alley.

      (6)   Height of buildings. In an R-1 District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.

      (7)   Lot coverage. In an R-1 District, buildings shall not occupy more than 30% of the lot area.

      (8)   Fence regulations. All fences, walls and hedges shall be in regulations provided herein and with the supplementary provision in § 11-515 of this chapter.

      (9)   Accessory use structures. In an R-l District, an accessory use structure shall not exceed 20 feet in height or 1,200 square feet in size.

(2005 Code, § 11-203) (Ord. 2388, passed 2-7-2017)

   (A)   This district is composed of certain high density residential areas of the city, plus certain open areas were similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life and to prohibit activities of a commercial nature. To these ends, development is limited to a relatively high concentration and uses are typically one-family, two-family and multiple- family dwellings, plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents of the district.

   (B)   The following regulations shall apply to all R-2 Districts.

      (1)   Uses permitted outright. The following uses and their accessory uses are permitted outright in an R-2 District:

         (a)   One-family dwellings and their accessory uses;

         (b)   Manufactured homes which comply with the provisions of Art. 5, § 11-513, of this chapter;

         (c)   Multiple-family dwellings;

         (d)   Home occupations in accordance with Art. 5, § 11-503, of this chapter;

         (e)   Church;

         (f)   School: primary, elementary, junior high, senior high; and

         (g)   Hospital, sanitarium, rest home, home for the aged, nursing or convalescent home.

      (2)   Conditional uses permitted. The following uses and their accessory uses are permitted in an R-2 District in accordance with the requirements of this chapter governing conditional uses:

         (a)   A use permitted as a conditional use in an R-1 District;

         (b)   Multiple-family dwelling exceeding the lot area per dwelling unit standard specified in subsection (B)(4)(a) below or exceeding the height limits specified in subsection (B)(6) below; provided, the gross floor area does not exceed two and one-half times the lot area; provided further that, the side yards are increased one foot per every two foot increase in building height over 35 feet;

         (c)   Offices for doctors, dentists, other practitioners of the healing arts; attorneys; architects; engineers; insurance agents; surveyors; accountants; beauty shops; or realtors; provided that, such uses shall be located only in a one-story building which meets the fire district standards of a business or industrial zone;

         (d)   Boarding houses, dormitories;

         (e)   Mortuaries;

         (f)   Child care centers; and

         (g)   Adult day care and/or adult day health care facilities.

      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of Art. 5, § 11-514, of this chapter.

      (4)   Lot size. The lot size in an R-2 District shall be as follows.

         (a)   The minimum lot area shall be 7,000 square feet for a one-family dwelling and 1,500 square feet per dwelling unit for a multiple-family dwelling, except as provided by subsection (B)(2)(b) above and that no single lot shall be less than 7,000 square feet. The minimum lot area for all other uses shall be 7,000 square feet.

         (b)   The minimum lot width at the front building line shall be 50 feet.

         (c)   The minimum lot depth shall be 100 feet.

      (5)   Setback requirements. In an R-2 District, the yards shall be as follows.

         (a)   The front yard shall be the same as required in an R-1 District.

         (b)   Each side yard shall be a minimum of 10% of the width of lot at the building line; except that, on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting a street.

         (c)   The rear yard shall be the same as required in an R-1 District.

         (d)   A garage or carport shall be set back the same as required in an R-1 District.

      (6)   Height of buildings. In an R-2 District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.

      (7)   Lot coverage. In an R-2 District, buildings shall not occupy more than 40% of lot area.

      (8)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provision in § 11-515 of this chapter.

      (9)   Accessory use structures. In an R-2 District, an accessory use structure shall not exceed 20 feet in height or 1,200 square feet in size.

(2005 Code, § 11-204) (Ord. 2389, passed 2-7-2017)

   (A)   The MH District is designed to provide a district in which the density of development will remain relatively low. Individual mobile homes will not be allowed on individual zoning lots. Mobile home parks will be governed by the mobile home ordinance of the city. No mobile home park shall be permitted, except when served by an approved sanitary sewer system.

   (B)   The following regulations shall apply to the MH District.

      (1)   Permitted uses.

         (a)   Mobile home parks, in conformance with the provisions of Art. 11, Mobile Home Regulations, and Art. 12, Subdivision Regulations, of this chapter;

         (b)   Mobile homes in conformance with Art. 11 of this chapter;

         (c)   Manufactured, and/or modular homes in accordance with Art. 5, § 11-513, of this chapter;

         (d)   Churches, chapels, temples and synagogues;

         (e)   Parks and playgrounds; and

         (f)   Schools: primary, intermediate and secondary.

      (2)   Conditional uses. None.

      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.

      (4)   Lot size.

         (a)   Minimum area:

            1.   Mobile home parks: two acres; provided that, mobile home parks shall be permitted only when served by a sanitary sewer system approved in accordance with city health regulations and by regulations governing mobile home parks; and

            2.   Other permitted uses: 7,000 square feet.

         (b)   Minimum lot width: 50 feet; and

         (c)   Minimum lot depth: 100 feet.

      (5)   Setback requirements. The setback requirements in the MH District shall be the same as those required in the R-2 District.

      (6)   Height of buildings. In an MH District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.

      (7)   Lot coverage. In a MH District, no structure shall occupy more than 30% of the lot area.

      (8)   Limitations on use. Each mobile home park shall be subject to the provisions of the city regulations governing mobile homes and mobile home parks and shall be served by a sanitary sewer system approved in accordance with city health regulations.

      (9)   Accessory use structures. In an MH District, an accessory use structure shall not exceed 20 feet in height or 1,200 square feet in size.

(2005 Code, § 11-205) (Ord. 2390, passed 2-7-2017)

   (A)   This district is composed of certain quiet, low density residential areas of the city, plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where children are members of most families and to prohibit activities of a commercial nature. To these ends, development is limited to single-unit dwellings on permanent foundations, providing homes for the residents of the district.

   (B)   The following regulations shall apply to all R-3 Districts:

      (1)   Uses permitted outright.

         (a)   One-family dwellings and their accessory uses;

         (b)   Manufactured and modular homes in accordance with the provisions of Art. 5, § 11-513, of this chapter;

         (c)   Mobile homes and sectional homes placed on permanent foundations;

         (d)   Home occupations in accordance with Art. 5, § 11-503, of this chapter;

         (e)   Church;

         (f)   School: primary, elementary, junior high, senior high; and

         (g)   Hospital, sanitarium, rest home, home for the aged, nursing or convalescent home.

      (2)   Conditional uses permitted. The following uses and their accessory uses are permitted in an R-3 District when authorized in accordance with the requirements of this chapter governing conditional uses:

         (a)   Governmental structure or use including public park, playground, recreation building, fire station, library or museum; and

         (b)   Utility substation or pumping station with no equipment storage.

      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.

      (4)   Lot size. The lot size in an R-3 District shall be as follows.

         (a)   The minimum lot area shall be 7,000 square feet for an interior lot and 8,000 square feet for a corner lot.

         (b)   The minimum lot width at the front building line shall be 50 feet for an interior lot and 60 feet for a corner lot.

         (c)   The minimum lot depth shall be 100 feet.

      (5)   Setback requirements. The yards in an R-3 District shall be as follows.

         (a)   The front yard shall be a minimum of 25 feet.

         (b)   Each side yard shall be a minimum of 10% of the width of lot at the building line; except that, on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting a street.

         (c)   The rear yard shall be a minimum of ten feet.

         (d)   The entrance side of a garage or carport shall be set back at least 25 feet from the access street; except that, in the case of an alley, the entrance shall be set back at least 18 feet from the property lines of the alley.

      (6)   Height of building. In an R-3 District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.

      (7)   Lot coverage. In an R-3 District, buildings shall not occupy more than 30% of the lot area.

      (8)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515 of this chapter.

      (9)   Accessory use structures. In an R-3 District, an accessory use structure shall not exceed 20 feet in height or 1,200 square feet in size.

(2005 Code, § 11-206) (Ord. 2391, passed 2-7-2017)

   (A)   This district is composed of certain land and structures used primarily to provide personal services. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for providing service to the people of the area and to prohibit activities of an industrial nature. To these ends, development is primarily limited to restricted types and personal services. The regulations are designed to permit development of the enumerated functions limited by standards designed to retain a favorable environment for the proper functioning of the district; plus certain public facilities which are needed to serve the occupants of the district.

   (B)   The following regulations shall apply to all C-1 Districts.

      (1)   Permitted uses.

         (a)   Bank and/or loan company or other similar financial institution with emphasis on a drive-up facility;

         (b)   Club, lodge or social/fraternal organization;

         (c)   Convenience store and/or filling station;

         (d)   Eating or drinking establishment;

         (e)   Hotel or motel;

         (f)   Jewelry store, watch and clock repair shop;

         (g)   Medical or dental clinic;

         (h)   Mortuaries and funeral homes;

         (i)   Parking lot;

         (j)   Professional offices; provided that, any storage of associated with such offices shall not exceed 50% of the gross floor area of the principal structure;

         (k)   Retail store or business;

         (l)   Studio: art, music, dance, health, photographic, radio or television broadcasting; and

         (m)   Wholesale office and showroom with merchandise on premises limited to samples only.

      (2)   Conditional uses. The following uses and their accessory uses are conditionally permitted in a C-1 District subject to the provisions of this chapter governing conditional uses:

         (a)   Auditorium, exhibitor hail or other public assembly room;

         (b)   Automobile laundry;

         (c)   Automobile service station;

         (d)   Grocery store;

         (e)   Discount retail and/or wholesale outlet;

         (f)   Single-family, duplex and multiple-family dwellings and associated home occupations; provided, they meet all requirements of the R-2 Multiple-Family Residential District;

         (g)   Child care centers;

         (h)   Adult day care and/or adult day health care facilities;

         (i)   Theater, not including drive-in type;

         (j)   Commercial amusement/recreation facilities, such as bowling alleys, miniature golf, arcades and similar facilities;

         (k)   Governmental structure or use including public park, playground, recreation building, fire station, library or museum;

         (l)   Utility substation or pumping station with no equipment in storage; and

         (m)   Supervised group home for youth operated by the state or agency or department thereof; or duly licensed, franchised or authorized by the state.

      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.

      (4)   Lot size. The lot size in a C-1 District shall be as follows.

         (a)   Lots used for dwelling purposes shall be governed by the requirements as specified for R-2 Districts.

         (b)   The minimum lot area for non-residential uses shall be 5,000 square feet.

         (c)   The minimum lot width at the front building line shall be 50 feet.

         (d)   The minimum lot depth shall be 100 feet.

      (5)   Setback requirements. In a C-1 District, the yards shall be as follows.

         (a)   The minimum yard dimensions of the residential district shall apply on the sides of a lot abutting a residential district.

         (b)   The front yard shall be a minimum of 25 feet for all yards abutting a street.

         (c)   There shall be no side yard requirement for non-residential uses, except as provided above; provided further that, corner lots shall have a minimum of 25 feet for all yards abutting a street.

      (6)   Height of buildings. In a C-1 District within 100 feet of a residential zone, no structure shall exceed 40 feet in height, and in no case shall such a structure exceed 60 feet.

      (7)   Lot coverage. In a C-1 District, business buildings shall not occupy more than 50% of the lot area.

      (8)   Limitations on use. In a C-1 District, the following conditions and limitations shall apply.

         (a)   All business, service, storage, or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.

         (b)   Openings to structures on sides adjacent to or across a street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.

      (9)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515 of this chapter.

(2005 Code, § 11-207)

   (A)   This district is composed of certain land and structures used primarily to provide retailing and personal services, such as clothing stores and banks, and basically conducted within an enclosed structure. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for providing service to the families of the city and to prohibit activities of an industrial nature. To these ends, development is primarily limited to retailing and personal services plus those uses permitted in any residential district and those permitted in § 11-209 of this article. The regulations are designed to permit development of the enumerated functions limited by standards designed to retain a favorable environment for the proper functioning of the district, plus certain public facilities which are needed to serve the occupants of the district.

   (B)   (1)   General. The following uses and their accessory uses are permitted outright in all C-2 Districts; provided that:

         (a)   There shall be no manufacturing, compounding, processing or treatment of products other than that which is clearly incidental and essential to a retail store or business and where all such products are customarily sold at retail on premises;

         (b)   Such uses, operations or products are not objectionable due to odor, dust, smoke, noise, vibration or other similar causes which are not compatible with other uses in the area; and

         (c)   All articles for sale, rent, display, storage or hire must be contained within enclosed building, except those uses permitted in § 11-209 of this chapter.

      (2)   Uses permitted outright.

         (a)   Auditorium, exhibitor hall or other public assembly room;

         (b)   Bank, loan company or similar financial institution;

         (c)   Bus passenger station;

         (d)   Club, lodge;

         (e)   Custom dressmaking, tailor shop;

         (f)   Eating or drinking establishment;

         (g)   Hotel, boarding house;

         (h)   Laundry, cleaning or pressing establishment using non-explosive and non-inflammable cleaning fluid;

         (i)   Locksmith;

         (j)   Medical or dental laboratory;

         (k)   Mortuary;

         (l)   Newsstand;

         (m)   Parking lot or parking garage;

         (n)   Pet shop;

         (o)   Professional office;

         (p)   Railway passenger station or express office;

         (q)   Restaurant, tavern, tearoom or café;

         (r)   Retail store or business;

         (s)   Shoe repair shop;

         (t)   Studio: art, music, dance, health, photographic, radio or television broadcasting;

         (u)   Second-hand store;

         (v)   Theater, except drive-in type;

         (w)   Pawnshop;

         (x)   Watch and clock repair shop;

         (y)   Wholesale office and showroom with merchandise on the premises limited to samples only;

         (z)   Governmental correctional facility; and

         (aa)   Other similar retail commercial use, but not including a use first listed in the C-3 District.

      (3)   Conditional uses permitted. The following uses and their accessory uses are permitted in the C-2 District when authorized in accordance with the requirements of this chapter governing conditional uses:

         (a)   Dwellings; provided, they shall be governed by the requirements for the R-2 Residential District;

         (b)   Any use permitted as a conditional use in an R-2 District;

         (c)   Automobile service station;

         (d)   Automobile, truck, trailer or boat sales, repairs, rentals and storage;

         (e)   Bakery;

         (f)   New building materials sales and storage;

         (g)   Drive-in establishment offering goods or services to customers waiting in parked motor vehicles, except drive-in theaters;

         (h)   Motel;

         (i)   Printing shop;

         (j)   Bowling center;

         (k)   Warehousing;

         (l)   Manufacturing and assembly of products; and

         (m)   Outside display of merchandise not on public property and for retail sale on the premises.

      (4)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.

      (5)   Lot size.

         (a)   Lots used for dwelling purposes shall be governed by the requirements specified for R-2 Districts.

         (b)   The minimum lot area shall be 2,500 square feet for non-residential uses.

         (c)   The minimum lot width at the front building line shall be 25 feet.

         (d)   The minimum lot depth shall be 100 feet.

      (6)   Setback requirements.

         (a)   No minimum requirement, except as provided below and for residential structures which shall be governed by R-2 District requirements.

         (b)   The minimum yard dimensions of the residential districts shall apply on the side of a lot abutting a residential district.

         (c)   There shall be no side yard requirements for non-residential uses, except as provided above.

      (7)   Height of buildings. In a C-2 District, building height shall not exceed 60 feet.

      (8)   Lot coverage. In a C-2 District, buildings may occupy 100% of the lot area, except residential buildings.

      (9)   Limitations on use. In a C-2 District, the following conditions and limitations shall apply.

         (a)   All business, service, repair, processing, storage or merchandise display (not including those uses in the following sentence) shall be conducted wholly within an enclosed building, except for off-street parking and loading, drive-in windows, minor service for motor vehicles and display of merchandise along the wall of the building not extending more than five feet from the wall, sidewalk displays authorized by the city and outside displays in § 11-209 of this article. Open storage of automobile, boat, truck or trailer for sale resulting from retailing outlets are permitted, but does not include salvage operation or storage.

         (b)   All items produced or wares and merchandise handled shall be sold at retail on the premises, except in the case of § 11-209 of this chapter.

      (10)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515 of this chapter.

(2005 Code, § 11-208)

   (A)   This district is composed of certain land and structures used primarily to provide retailing and personal service of many kinds, including those uses permitted in the C-2 Districts, plus activities not basically conducted within an enclosed structure, such as used car lots. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for providing service to the people of the area, and to prohibit activities of an industrial nature. To these ends, development is primarily limited to all types of retailing and personal services, plus those uses permitted in any residential district. The regulations are designed to permit development of the enumerated functions limited by standards designed to retain a favorable environment for the proper functioning of the district; plus certain public facilities which are needed to serve the occupants of the district.

   (B)   The following regulations shall apply to all C-3 Districts.

      (1)   Uses permitted outright. The following uses and their accessory uses are permitted outright in a C-3 District:

         (a)   Automobile, boat, truck or trailer storage, sales repair and rental;

         (b)   Automobile laundry;

         (c)   Automobile service station;

         (d)   Business, technical or trade school;

         (e)   Catering establishment;

         (f)   Blueprinting, photostatting or other reproduction process;

         (g)   Bookbindery;

         (h)   Building materials, retail outlet only;

         (i)   Commercial amusements, if conducted wholly within an enclosed building;

         (j)   Custom manufacturing of goods for retail sale on the premises;

         (k)   Electric power generator, transformer station or substation;

         (l)   Farm machinery sales;

         (m)   Fuel oil storage and distribution with underground tanks;

         (n)   Laboratory;

         (o)   Motel;

         (p)   Newspaper or printing establishment;

         (q)   Public garage, including automobile repairing, and incidental automobile body and fender work, painting and upholstering, if conducted completely within an enclosed building;

         (r)   Restaurant;

         (s)   Storage building for household goods;

         (t)   Telephone exchange;

         (u)   Tire shop, including incidental recapping;

         (v)   Plumbing, sign painting, upholstering, cabinet or carpenter shop;

         (w)   Utility station or substation;

         (x)   Veterinary office or animal hospital;

         (y)   Children’s day care center;

         (z)   Adult day care and/or adult day health care facilities;

         (aa)   Sign painting shop; and

         (bb)   Other similar uses, but not including a use first listed in the I-1 District.

      (2)   Conditional uses permitted. The following uses are permitted in the C-3 District when authorized in accordance with the requirements of this chapter governing conditional uses:

         (a)   Dwellings; provided, they shall be governed by the requirements for the R-2 Residential District;

         (b)   New building materials sales and storage; and

         (c)   Drive-in theater.

      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.

      (4)   Lot size. The lot size in a C-3 District shall be as follows:

         (a)   Lots used for dwelling purposes shall be governed by the requirements as specified for R-2 Districts.

         (b)   The minimum lot area for non-residential uses shall be 5,000 square feet.

         (c)   The minimum lot width at the front building line shall be 50 feet.

         (d)   The minimum lot depth shall be 100 feet.

      (5)   Setback requirements. In a C-3 District, the yards shall be as follows.

         (a)   The minimum yard dimensions of the residential district shall apply on the sides of a lot abutting a residential district.

         (b)   The front yard shall be a minimum of 25 feet for all yards abutting a street.

         (c)   There shall be no side yard requirement for non-residential uses, except as provided above; provided further that, corner lots shall have a minimum yard of 25 feet for all yards abutting a street.

      (6)   Height of buildings. In a C-3 District within 100 feet of a residential district, no structure shall exceed 40 in height, and in no case shall such structure exceed 60 feet.

      (7)   Lot coverage. In a C-3 District, business buildings shall not occupy more than 50% of the lot area.

      (8)   Limitations on use. In a C-3 District, the following conditions and limitations shall apply.

         (a)   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.

         (b)   Openings to structures on sides adjacent to or across a street from a residential district shall be prohibited if such access or opening will cause glare, excessive noise or other adverse effects on residential properties.

         (c)   Motor vehicle, boat or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape areas.

      (9)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515 of this chapter.

(2005 Code, § 11-209)

   (A)   This district is composed of certain lands and structures used primarily for wholesaling and light industrial purposes. The regulations of this district are intended to provide intensity standards and standards of external effect compatible with the surrounding or abutting district. To these ends, development is limited to wholesaling and light industries which can be operated in a clean and reasonable quiet manner, plus certain public facilities which are needed to serve the occupants of the district.

   (B)   (1)   General. The following uses and their accessory uses are permitted outright in all I Districts; provided that:

         (a)   The storage above ground or below ground of the liquid petroleum products or chemicals of a flammable or noxious nature shall not exceed 150,000 gallons when stored on one lot of less than one acre in area nor shall storage exceed more than 25,000 gallons in one tank. Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of 25,000 gallons, shall not be located closer than 50 feet from any structure intended for human habitation or closer than 200 feet from any residential district;

         (b)   All open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash and debris; and

         (c)   All permitted and conditionally permitted uses are in conformance with industrial standards delineated in this section.

      (2)   Uses permitted outright. The following uses and their accessory uses are permitted outright in an I-1 District:

         (a)   Assembly, manufacture or preparation of articles and merchandise from the following types of previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fibre, fur, glass, hair, honey, lacquer, leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, tobacco, wax, wire, wood (excluding sawmills, lumber mills, planing mills and molding plants, but not cabinet shops or woodworking shops), yarn or paint not employing a boiling process;

         (b)   Assembly of electrical appliances or equipment, electronic instruments and devices, radios, phonographs, televisions, including the manufacture of small parts such as coils, condensers, transformers and crystal holders;

         (c)   Assembly of metal products;

         (d)   Manufacture of figurines, pottery or similar ceramic products using only previously pulverized clay;

         (e)   Manufacture of musical instruments, novelties, rubber or metal stamps, toys;

         (f)   Manufacture of optical goods, scientific or precision instruments or equipment;

         (g)   Manufacture of artificial limbs, dentures, hearing aids, surgical instruments or dressings or other devices employed by the medical and dental professions;

         (h)   Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products or meat, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries; except that, the rendering of fat or oil; fish or meat slaughtering; and processing of fermented food such as sauerkraut, vinegar or yeast shall be excluded;

         (i)   Manufacture or maintenance of signs, billboards, commercial advertising structures, or name plates;

         (j)   Manufacture of medicines;

         (k)   Automobile painting or upholstering;

         (l)   Building of marine pleasure craft;

         (m)   Bottling plant;

         (n)   Cabinet or carpenter’s shop;

         (o)   Coin machine manufacture or repair;

         (p)   Contractor’s equipment storage;

         (q)   Cold storage plant;

         (r)   Dairy products processing;

         (s)   Dwelling for caretaker or watchman working on the property;

         (t)   Electroplating shop;

         (u)   Fuel supply outlet or distributor; providing, no dust is produced;

         (v)   Laundry, dry cleaning, dyeing or rug cleaning plant;

         (w)   Railroad tracks and facilities such as switching yards, spur or holding tracks, freight depot;

         (x)   Sheet metal shop or other metal working shop, machine shop not using drop hammer or punch press;

         (y)   Plumbing contractor;

         (z)   Warehousing;

         (aa)   Welding shop;

         (bb)   Wholesale distributor or outlet; and

         (cc)   Other similar uses in conformance with industrial performance standards herein.

      (3)   Conditional use permitted. The following uses are permitted in an I-1 District when authorized in accordance with the requirements of this section governing conditional uses:

         (a)   All uses that are not listed in permitted uses that are also in conformance with all stipulations of this section, including the industrial performance standards detailed in this section;

         (b)   Auto, truck, trailer or boat storage or sales;

         (c)   Building materials storage or sale yard;

         (d)   Drive-in theater;

         (e)   Equipment sales, rental storage or repair;

         (f)   Farm machinery sales or service;

         (g)   Governmental structure or use; and

         (h)   State licensed day care facility with the following requirements:

            1.   Outside play area to be fenced with a fence six feet in height;

            2.   Door locks on all doors not essential to the day care facility;

            3.   Carbon monoxide detectors to be in installed in every room; and

            4.   Lighted exit signs above all exterior exit doors.

      (4)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514.

      (5)   Lot size. The lot size in an I-1 District shall be as follows:

         (a)   The minimum lot area shall be 5,000 square feet;

         (b)   The minimum lot width at the front building line shall be 50 feet; and

         (c)   The minimum lot depth shall be 100 feet.

      (6)   Setback requirements.

         (a)   In an I-1 District, all sides of the lot abutting a street shall have a 25-foot setback.

         (b)   There shall be a minimum side yard of not less than ten feet.

         (c)   There shall be a minimum rear yard of not less than 25 feet.

      (7)   Height of building. In an I-1 District, no structure shall exceed a height of 60 feet except that within 100 feet of a residential district no structure shall exceed 40 feet in height.

      (8)   Lot coverage. In an I-1 District, buildings shall not occupy more than 70% of the lot area except that not more than 50% of the area of that part of the lot which is within 100 feet of a residential district shall be covered by buildings.

      (9)   Limitations on use. In an I-1 District, the following conditions and limitations shall apply.

         (a)   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building unless screened from the residential zone by a sight-obscuring fence permanently maintained at least six feet in height.

         (b)   Openings to structures on sides adjacent to or across a street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.

         (c)   Motor vehicle, boat or trailer rental, sales or storage lots shall be drained and surfaced with crushed rock or pavement except in those portions of the lot maintained as landscape area.

         (d)   Yards abutting or across a street from a residential district shall be continuously maintained in lawn or other landscaping unless screened from the residential district as provided in § 11-208(B)(9)(a).

         (e)   Access points from a public road to properties in an I-1 District shall be so located as to minimize traffic congestion and to avoid directing traffic onto local access streets of a primarily residential character.

         (f)   All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects and rodents or create a health hazard.

         (g)   The emission of odorous gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited.

      (10)   Industrial performance standards. The performance standards listed below are minimum standards for industrial land use that shall be met in conjunction with this district and conformed to federal and state laws.

         (a)   Fire hazard. No operation shall involve the use of highly flammable gases, acids, liquids, grinding processors or other inherent fire hazards. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gases when handled in accordance with other ordinances of the city.

         (b)   Noise. All noise and noise causing activities shall be muffled so that they will not create a disturbance greater than normal peak hour traffic noise on a major street when observed from any area zoned residential. Major street noise for comparison purposes shall be measured on the primary state highway nearest the industry.

         (c)   Sewage and liquefied wastes. No operation shall be carried on which involves the discharge into the sewer, watercourse or liquid wastes of chemical nature which are detrimental to normal sewage plant operations or corrosive and damaging to sewer pipes and installations.

         (d)   Air contaminates or pollutants.

            1.   Air contaminates and smoke shall be less dark than designated Number One on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number One shall be permitted for one four-minute period in each one-half hour. Light colored contaminates of such an opacity as to obscure an observer’s view to a degree equal to or greater than the aforesaid shall not be permitted.

            2.   Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500°F, except for a period of four minutes in any one-half hour, at which time it may equal but not exceed six-tenths grains per cubic foot as corrected to a temperature of 500°F.

            3.   Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminates as constitute a detriment, nuisance or annoyance to any considerable number of persons or to the public in general or endanger the comfort, repose, health or safety of any such considerable number of persons or have a natural tendency to cause injury or damage to business, vegetation or property.

         (e)   Odor. The emission of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor, it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this ordinance.

         (f)   Gases. The gases sulphur dioxide and hydrogen sulphide shall not exceed five parts per million, carbon monoxide shall not exceed 25 parts per million and nitrous fumes shall not exceed five parts per million. All measurements shall be taken at the property line.

         (g)   Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three-thousands of a inch measured at the property line. The use of steam or broad hammers shall not be permitted.

         (h)   Glare and heat. All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the property line. No heat from the furnaces or processing equipment shall be sensed at the tot line to the extent of raising the temperature of air or materials more than 5°F.

      (11)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515.

(2005 Code, § 11-210) (Ord. 2359, passed - -; Ord. 2413, passed 3-6-2018)