This Chapter lists the permitted uses and requirements in specific zoning districts. The listing of a use as being permitted in any particular district shall be deemed to be an exclusion of such use from any other district unless the use is specifically permitted in such other district. Uses are permitted only insofar as they are not prohibited or in conflict with other provisions of this Title. Except as otherwise provided herein, the following regulations shall apply to each zoning district:

(A)

No building, structure or land shall hereinafter be occupied or used and no building or structure or part thereof shall be erected, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(B)

No lots existing at the effective date hereof shall hereafter be reduced below the minimum dimensions of areas required by this Title. Lots which presently do not provide for the minimum dimensions provided for herein shall not be further reduced after the effective date hereof.

(C)

No setback or other open space required in this Title provided for any building or structure shall be considered as providing a setback or open space for any other building or structure, and no setback or open space on an adjoining lot shall be considered as providing a setback or open space on a lot whereon a building or structure is to be erected.

(D)

The regulations contained herein are not retroactive and apply only to buildings and uses established after the effective date hereof.

(E)

All structures used for residential or business purposes shall be served by public water and public sewage facilities.

(F)

Not more than one (1) principal building shall be located on a lot unless such building is a lawfully recognized nonconforming structure, expressly permitted by this Title. The division of a lot or parcel by a zone district boundary shall not entitle the owner to more than one (1) principal building or structure for such lot.

Upon application or on its own initiative, the Board of Trustees may, by ordinance, add any other similar use for a zoning district after public hearing and making the following findings:

(A)

Such use is appropriate to the general characteristics and environmental character of the uses to which it is being added.

(B)

Such use is compatible with the uses existing and permitted in the group to which it is being added.

(C)

Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influence or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use group to which it is being added.

When any use has been added to any use group in accordance with this Section, such use shall be deemed to be listed in the appropriate zoning district and shall be added thereto in the published text of this Title at the first convenient opportunity.

The following table indicates which land uses are permitted by right, which are permitted by special review and which are prohibited uses, in each of the zone districts listed in Section 9-5-1.

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Permitted, Special Review and Prohibited Uses by Zoning District

¹ Note: These two uses (.18) and (.25) are very similar, yet are not treated the same. Please consider combining or better distinguishing between the two.

Key:

R = Use permitted by right

P = Use prohibited

S = Use permitted by special review

(Ord. 2009-7:1/367; Ord. 2009-7:2/368; Ord. 2011-6-1-382 § 2; Ord. 2013-3-1-388 § 2; Ord. No. 2014-7-1-392, § 2, 6-11-2014; Ord. No. 2022-06-16-412, § 3, 6-16-2022)

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(A)

Purpose and intent. This zoning district shall be used primarily for single-family dwelling units, one (1) principal building per lot.

(B)

Area and height standards. The following minimum and maximum development standards shall apply for all property within the R-1 District:

(C)

Specific district regulations. The following special provisions shall apply to the R-1 Zone District:

(1)

Encroachments. Canopies, eaves and roof overhangs may extend into a required yard not more than three (3) feet.

(2)

Setbacks for residential infill development. In residential zone districts where lots comprising fifty percent (50%) or more of the frontage on one (1) side of a street between intersecting streets have been improved, with buildings having an average front yard with a variation of not more than ten (10) feet, the average front yard or setback of such existing buildings shall be the minimum front yard or setback required for all new construction in such block.

(3)

Travel trailers and truck campers. On any residential zoned lot, use of travel trailers and truck campers for camping and overnight stays shall be prohibited unless such use is by the property owner for the purpose of temporary residency for a period not exceeding three hundred sixty-five (365) calendar days during construction of a residential structure on the lot and written application to and approval by the Planning and Zoning Commission is obtained prior to such temporary occupancy.

(A)

Purpose and intent. This zoning district is intended to be used primarily for single-family and multi-family dwelling units, one (1) per lot, not to exceed four (4) dwelling units within a building or on a lot.

(B)

Area and height standards. Single-family dwelling unit requirements are the same as for R-1 Zoning Districts. Multi-family dwelling unit requirements are as follows:

(C)

Specific district regulations. The special provisions for R-1 Zone Districts set forth in Subsection 9-6-4(C) shall apply to the R-2 Zone District.

(A)

Purpose and intent. This zoning district is intended to be used primarily for single-family and multi-family dwelling units, one (1) principal building per lot, not to exceed twelve (12) dwelling units per lot.

(B)

Area and height standards. Single-family dwelling units are the same as for R-1 Zoning Districts. Multi-family dwelling unit requirements are the same as for R-2 Zoning Districts, except that the minimum lot width for multi-family dwelling units with five (5) units per lot and greater shall be one hundred (100) feet for subdivided land and two hundred (200) feet for unsubdivided land.

(C)

Specific district regulations. The special provisions for R-1 Zone Districts as set forth in Subsection 9-6-4(C) shall apply to the R-3 Zone District.

(A)

Purpose and intent. This zoning district is designed to accommodate single-family and multi-family dwelling units, including mobile homes. Mobile home parks shall be allowed subject to review and approval of a special use permit.

(B)

Area and height standards. Single-family dwelling unit requirements are the same as for R-1 Zoning Districts. Multi-family dwelling unit requirements are the same as for R-2 Zoning Districts. Mobile homes shall be subject to the following area and height standards:

(C)

Specific district regulations.

(1)

No portion of a mobile home, including cornices, balconies, open and unenclosed porches, canopies, eaves, tongues and hitches or similar architectural features, may extend into a required front, side or rear yard setback.

(2)

Each mobile home shall comply with the following:

(a)

Mobile homes must be located on a base made of Class C gravel or some other suitable base material which is the foundation or basement adequate to provide proper support and prevent shifting of the mobile home after location on the site.

(b)

Mobile homes shall be skirted within ninety (90) days of being placed on any lot or parcel of land.

(c)

Mobile homes must contain a flush toilet and a bath or shower facility and must be served by the Town municipal water and sanitation systems, each with its own water and sewer tap.

(A)

Purpose and intent. This zoning district is designed to provide for areas with a range of business, residential and commercial land uses which include office, general business and retail sales and service establishments that serve the Hot Sulphur Springs community.

(B)

Area and height standards.

(C)

Special district regulations.

(1)

No permitted uses within a business district enumerated in Section 9-6-3 shall present unreasonable or obnoxious amounts of noise, odor, smoke, glare, dust, vibration or other similar causes to be disseminated, and the Town may place reasonable restrictions upon such permitted uses as deemed necessary to confine such impacts to the lot on which the use is located and to diminish said impacts to adjacent uses.

(2)

Refuse and trash must be stored in containers approved by the Town and shall be in sufficient number and size to properly store all refuse on site.

(3)

Light industrial uses are limited to the following:

(a)

Administrative, insurance and research facilities;

(b)

Experimental or testing laboratories;

(c)

Manufacture of precision or electronic instruments, parts or tools;

(d)

Manufacturing, assembly or packaging of products from previously prepared material; and

(e)

Any other kind of scientific, utility, manufacturing, compounding, assembling or processing, provided that the conditions in Paragraphs (1) and (2) above are met.

(4)

Adult business uses shall be subject to special use review, which review shall be subject to the following additional requirements:

(a)

An adult business shall not be located or operated within five hundred (500) feet of:

(i)

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

(ii)

A public or private school, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

(iii)

A boundary of any residential district (R-1, R-2, R-3, M);

(iv)

A public park or outdoor recreational facility which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the Town which is under the control, operation or management of the Town; or

(v)

The property line of a lot devoted to a residential use as defined in this Title.

(A)

Purpose and intent. This zoning district is intended to apply in areas primarily in a natural state, which have economic value for agricultural uses and are not yet ready for development into urban usage, or for playgrounds, picnic areas and outdoor recreational uses which are compatible with residential uses.

(B)

Special district regulations. The following special provisions shall apply to the Open Zone District as applicable:

(1)

Commercial camping areas for transient occupancy shall be subject to the following additional provisions:

(a)

A complete engineered site plan of the proposed camping area shall be submitted and approved by the Board of Trustees.

(b)

Each camping space shall be at least five hundred (500) square feet, excluding roads and parking area, with a minimum width of twenty (20) feet.

(c)

Each camping area shall be serviced by public water and sewer facilities.

(d)

Provisions shall be made for adequate all-weather walkways to each camping space.

(e)

Camping and parking spaces shall not be constructed in areas subject to flooding unless adequate precautions are made to prevent loss (i.e., dikes to confine flood flow, fill to above flow line or straighten and widen drainage system).

(f)

No dependent mobile home, travel trailer, truck camper or tent shall be located more than two hundred (200) feet from a service building.

(g)

For every ten (10) camping spaces, there shall be provided two (2) toilets for each sex and a service sink in a service building.

(h)

Camping shall be limited to transient occupancy and shall not be used or intended for permanent residency. Occupants of such camping areas shall not reside within the same area for a period exceeding fifteen (15) days.

(i)

Such other terms and conditions as may be reasonably required by the Board of Trustees due to special circumstances necessitated by the location of the proposed camping areas, including but not limited to minimum water quality, setbacks and erosion and sediment controls.

(2)

Single-family dwellings units are permitted, subject to special use review, provided they are not constructed in floodplain areas or in other unstable areas due to unstable soils or geological problems.