A.   Compliance Required: Land or premises shall be used, unless otherwise provided in this Title, only in conformity with the regulations herein set forth for the use in zones in which such land or premises are located.

   B.   Access to Public Street: No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of twenty-five feet (25') unless an easement of lesser width was of record prior to the adoption of this Title.

   C.   Zero Lot Line: No building permit shall be issued nor shall any structure be built upon any lot which allows zero lot line until such time as the owner, developer, contractor, builder or person responsible for the structure has submitted to the Zoning Administrator, a survey map of the property identifying the property corners. All property corners shall be physically marked so that no part of the proposed construction shall extend beyond the appropriate boundary. The requirement for a survey shall not apply to residential areas, except in the event that a person is seeking a variance to allow a structure or some portion of a structure to extend into that area normally protected by setback lines or to or beyond the lot line.

   D.   Zoning of Public Ways: All street, alley and railroad rights of way, not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alley, street or railroad rights of way. Where the centerline of a street or alley serves as a zone boundary, the zoning of such street or alley to the centerline unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property. (Ord. 232, 4-14-2010)

   A.   Conformity Required: No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the zone in which it is located. All new construction, structural alterations, or remodels will be done under the most current edition of the International Building Code adopted by the City.

   B.   Compliance with Zone Regulations: No building or structure, other than a building for conditional use, shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the zone in which the building is located. Nor shall any building or land be used for any purpose other than is permitted in the zone in which the building or land is located.

   C.   Dwelling Units: Every building hereafter erected or structurally altered to provide dwelling units shall be located upon a lot as herein defined and in no case shall there be more than one (1) such building on one (1) lot unless otherwise provided in this Title.

   D.   Criteria for Increase in Dwelling Units: A residence may not be converted to accommodate an increased number of dwelling units unless:

      1.   The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that zone;

      2.   The conversion is in compliance with all other relevant codes and ordinances.

   E.   Temporary Uses: Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work only may be permitted in any zone during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Temporary structures must be placed on the site where construction is taking place. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the Zoning Administrator.

   F.   Dwelling in Industrial Zone: A dwelling shall not be erected in the Industrial Zone. However, the sleeping quarters of a watchman or caretaker are permitted.

   G.   Residential Structures Prohibited: No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling, except that in a two-story garage with living quarters upon the second floor, such quarters may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guest house (without kitchen) or room for guests within an accessory building; provided, such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others. (Ord. 232, 4-14-2010)

   A.   Parking and Storing of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially-zoned property other than in a completely enclosed building or carport. Further, no boats, motor homes or other recreational vehicles may be parked more than seventy-two (72) consecutive hours in front of any residentially zoned property. One boat and one recreational vehicle may be stored in the side or rear yard.

   B.   Enclosed Trash Areas: All trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Zoning Administrator shall be provided.

   C.   Reduction of Yard or Lot: No yard or lot existing at the effective date hereof shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements set forth herein.

   D.   Street Signs and House Numbers: Street signs and house numbers are installed, in accordance with city ordinances, which adequately identify the location of such building for emergency purposes.

   E.   Frontage on Public Right of Way: For the purpose of insuring orderly development and to provide adequate access for fire-fighting equipment and other services to all buildings, no residence or commercial building shall be erected or moved onto any lot, tract or parcel of land in any use zone adopted under the provisions of this Title unless said lot, tract or parcel of land has seventy-five (75) feet of frontage on a public right of way and has reasonably efficient access thereto for vehicular traffic and has been legally subdivided. Provided further, that a building permit may be issued for construction of a residence on a private easement where, in the opinion of the City Council, the following conditions have been reasonably met:

      1.   Minimum easement width of twenty-five (25) feet.

      2.   Maximum easement length of four hundred (400) feet.

      3.   Minimum turn-around radius of fifty (50) feet.

      4.   Maximum grade of ten (10) percent.

      5.   The easement must serve land which otherwise would have no access to a public road.

   G.   Preexisting Plans, Construction or Designated Use: Nothing in this Title shall be deemed to require any change in the plans, construction or designated use of any buildings upon which actual construction was lawfully begun prior to the adoption of this Title and upon which building actual construction has been diligently carried on and; provided further, such building shall be completed within one year. (Ord. 232, 4-14-2010)

The following provisions shall be subject to the general regulations of this Title and to the special provisions and exceptions in this and the following sections of this Chapter so as to secure the intent of this Title. In all cases of administration and enforcement of this Title for which no other specific provisions are made in this Chapter and other provisions of this Title, the City Council shall provide for the same by order, resolution or the adoption of a rule, regulation or by-law, which provision shall be in accord with and consistent with the objectives and standards of this Title.

Uses not specified within use zones are prohibited unless determined by the City Council or its authorized representative to be similar in nature to those specified. (Ord. 232, 4-14-2010)

Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The performance standards for such unique land uses, as outlined in this Title, shall be adhered to in addition to all other provisions of this Title. (Ord. 232, 4-14-2010)

   A.   Certain limited business or professional uses may be conducted as a home occupation within a residential dwelling as a permitted land use subject to specific limitations established to maintain compatibility with the surrounding residential neighborhood.

      1.   Examples of permissible use types include home offices, home child care, handicrafts, computer activities, tailoring, barber/hair salon or similar businesses. The purpose of this section is to establish standards for home occupations that retain and do not disturb the residential character of a neighborhood.

      2.   Before establishing a home occupation, an application fee must be paid and an application must be approved by the Zoning Administrator, in response to an application which addresses necessary information to demonstrate compliance with this Title in addition to providing an accurate and concise description of the requested home occupation.

      3.   The Zoning Administrator will review the application materials and may grant, grant with conditions, or deny a home occupation permit upon finding that the home occupation will not change the character of the neighborhood or create a nuisance (noise, dust, odor, excessive traffic, etc.) and that it complies with the standards established by this Title. The Zoning Administrator will review the application to determine that the use will meet the home occupation standards addressed by this Title. A permit may be revoked or a violation may be prosecuted for non-compliance with ordinance standards or conditions of approval. A decision by the Zoning Administrator may be appealed to the City Council, in accordance with procedures established by this Title and by the procedures resolution of City of Horseshoe Bend. A Home Occupation Permit is non-transferable and is valid so long as there is compliance with the conditions of approval issued with the permit and home occupation standards set forth herein are met.

   B.   Home Occupation Performance Standards. All home occupations shall comply with the following standards, in addition to the site-specific conditions required by the Administrator:

      1.   The home occupation must be clearly subordinate, both visually and with respect to space occupied, to the primary residential use. Not more than one quarter (1/4) of the floor area of the actual dwelling unit may be used in the conduct of the home occupation.

      2.   No outside storage of goods, equipment, materials or other instruments of production or packaging of any kind related to the home occupation shall be permitted.

      3.   No home occupation shall create a need for parking or traffic beyond that required for the primary single-family residential use.

      4.   There shall be no change in appearance that would alter the residential character of the premises.

      5.   No more than one sign, not exceeding four (4) square feet in area, non-illuminated, and mounted flat against the wall of the principal residence, is permitted.

      6.   A permitted home occupation shall have no more than one full-time employee equivalent who is not a family member on the premises.

      7.   Employees (other than the resident and one employee), of a permitted home occupation, may not work, gather, park, or meet, at the residence of a home occupation on a regular or frequent basis.

      8.   A home occupation must be fully enclosed within the residence or approved accessory building. Home occupation daycare shall provide care to no more than six (6) children at any time, inclusive of residents of the household requiring daycare. Daycare for more than six (6) children in a home shall require a conditional use permit, if allowed by the zone where the home is located.

      9.    Excepting activities conducted exclusively indoors with no external consequences, operation of a permitted home occupation shall not be conducted prior to six o’clock (6:00) a.m. or after (10:00) p.m.

      10.   No home occupation shall create noise, dust, vibration, odors, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance beyond that caused by typical single-family residential occupancy in a residential neighborhood.

      11.   Uses of the following type or with the following characteristics are expressly prohibited as home occupations:

         a.   Repair and/or servicing, storing or painting of automobiles, trucks, boats, RVs, motorcycles, and ATV's.

         b.   Any use requiring sewage pre-treatment in accordance with the City of Horseshoe Bend wastewater treatment ordinance.

         c.   Any business creating external noise, odors, vibrations, or other potential nuisance factors including levels of customer traffic that could have the effect of disrupting peaceful occupancy of neighboring dwellings. (Ord. 232, 4-14-2010)

   A.   Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties.

   B.   Will have at least a six (6) foot high, sight-obscuring fence or landscaping along the property lines that adjoin a residence with approval from Zoning Administrator. All speakers shall be screened with landscaping or fencing.

   C.   Will provide for adequate trash receptacles.

   D.   Will avoid the direction of night lighting toward any residence. (Ord. 232, 4-14-2010)

It is not intended by this Chapter to interfere with other regulations of State or local law, or with private restrictions on the use of land, improvements and structures. Where this Chapter imposes greater restriction than that imposed by other law or private restrictions, this Chapter shall prevail. All other ordinances or parts of ordinances in conflict herewith are hereby repealed upon the effective date of this Chapter. (Ord. 232, 4-14-2010)