Lamar City Zoning Code

In all districts except C-1 and C-2 Districts, on a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the property line of such corner lots and a line joining points along said property line 50 feet from the point of the corner.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The height limitations contained in this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Where such structures do not conflict with airport approach zones, they may be erected to a height not to exceed 150 feet.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

For purposes of these regulations, the term "major recreational equipment" includes boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on residential premises for not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

All off-street parking lots hereinafter established shall be provided with a dust-free surface of a type and consistency acceptable to the city, except that this requirement shall not apply to residential development.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Construction of accessory buildings shall be prohibited before commencement of construction of the main building. 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 for dwelling purposes unless it meets the requirements for an accessory dwelling unit.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The setback line shall be determined by measuring the horizontal distance from the property line to the nearest architectural face of the building (porches poles or supports included as face of building).

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building official for a distance of not more than 3½ feet and where the same are so placed as not to obstruct light and ventilation.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

For the purpose of the side yard regulations, a two-family dwelling or a multifamily dwelling shall be considered as one building occupying one lot. The interior walls adjoining the neighboring property are not subject to side setbacks. The exterior of the structures must meet all setbacks.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Temporary buildings and temporary construction signs that are used in conjunction with construction work may be permitted in any district during the period that the building is being constructed, but such temporary building and/or sign shall be removed upon completion of the construction work.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Where a lot or tract is used for a nonresidential purpose, more than one principal use may be located upon the lot or tract, but only when the building conforms to all yard and open space requirements for the district in which the lot or tract is located.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

No side yards are required where dwelling units are erected above commercial and industrial structures.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Radio and television towers shall be permitted in any commercial or industrial district, provided that the height of the radio or television tower does not conflict with any airport approach or landing zone, or with any other provision of this chapter.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

No fence, wall, hedge, or shrubbery intended as a fence or partition between properties shall exceed four feet in height from the front building line toward an avenue, except that on corner lots, the four-foot limitation shall extend to the front of the primary building line. If no building exists, the four-foot limitation shall be applied in the first thirty feet of the front setback. For the purposes of measuring the height of front yard fences, the measurement shall be the vertical height from the top of the curb on the avenue abutting the property or from final grade if the yard is elevated above the curb line. All other fences may not exceed six feet in height.

(b)

No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(c)

No fence, except fences erected upon public or parochial school grounds, in public parks, and in public playgrounds, shall be constructed of a height greater than six feet; provided, however, that planning and zoning commission may, by special permit, authorize the construction of a fence higher than six feet, if the board finds that the public welfare is preserved.

(d)

All fences shall conform to the construction standards of the building code and other applicable provisions of this Code.

(e)

All gates or other openings to fences or enclosures shall be so constructed that they shall open onto the premises of which they form a part of the enclosure, and not open or swing out or onto the streets or alleys within the city.

(f)

Industrial zones may add barbed wire or up to an eight-foot fence.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

A lot or group of lots which were platted and recorded in the office of the county clerk, and recorded prior to the effective date of the ordinance from which this chapter is derived, may be used for any purpose permitted in the district in which it is located; provided, however, that no residential building permit shall be issued for construction of a residential structure on a lot or group of lots that do not conform with the minimum yard and height requirements, unless specifically authorized by the planning and zoning commission.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

A canopy or marquee may be permitted to overhang a public way in a C-1 or C-2 District, provided that:

(1)

The canopy or marquee is constructed and maintained in accordance with the city building code and this Code;

(2)

No portion of the canopy or marquee shall be less than eight feet above the level of the sidewalk or other public way; and

(3)

The canopy or marquee shall not extend beyond a point two feet inside the curbline of a public street.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

All cloth awnings built, constructed or placed upon, in conjunction with or appurtenant to any building, which shall project over any sidewalk, shall be built, constructed or placed so that the same shall be, when lowered, seven feet above the surface of such sidewalk, and the outer edge of the same shall be, when lowered, nine feet from the lot line of the building to which such awning is appurtenant, provided that the requirements of this section shall not apply to awnings built, constructed or placed for the protection of windows on any but the first or ground floor of buildings.

(b)

All other awnings which require supports from the sidewalk upon which built, constructed or placed in conjunction with or appurtenant to any building which shall project over any sidewalk, shall have metal roofs. The supports thereof shall be of brick, concrete, stone or iron. No such awning shall be built without the plans and specifications being first exhibited to the city council and an order obtained permitting the awning to be erected. Such order shall be duly entered upon the records of the city council after having been adopted by the city council.

(c)

If any person shall construct or cause to be constructed any awning projecting over any sidewalk in the city in violation of the provisions of this article, the public works department shall be authorized to cause any such awning to be removed at the expense of the person owning the same.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

Wind energy conversion systems (WECS) may be permitted subject to the following requirements:

(1)

The minimum distance from any lot line to any tower, pole or other support structure of the wind energy conversion system shall be established by the following minimum standards:

Intermediate rotor size distances shall be interpolated from the above values.

(2)

The WECS shall not be located in any required yard.

(3)

The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed 60 dBA in a residential zone.

(4)

To limit climbing access to a WECS tower or other support structure, a six-foot-high fence with locking portal shall be placed around the WECS support, or if a tower is utilized, the tower climbing apparatus shall be limited to no lower than 12 feet from the ground, or the WECS support may be mounted on a rooftop.

(5)

All blades of a WECS shall be constructed of nonmetallic substances. If the applicant can prove, in writing, that no electromagnetic interference will result, a metal content of up to 25 percent will be acceptable.

(6)

The WECS shall be located in compliance with the guidelines of the federal aviation regulations with regard to airport approach and clearance around very high frequency (VHF) omnidirectional range (VOR) and Doppler VHF omnidirectional range (DVOR) stations.

(7)

Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than 20 feet. The height of the WECS shall be measured at the center of the blade diameter.

(8)

Data pertaining to the WECS safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adaptor shall meet the restrictions specified in the building code.

(9)

The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulations applicable to WECS.

(10)

A plot plan shall be submitted with the application for the building permit showing the proposed location and height of the WECS, fencing and all existing buildings within 200 feet of the exterior lot lines.

(11)

The owner/operator shall provide covenants, easements or similar documentation to ensure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site.

(12)

The owner/operator shall certify that the WECS does not violate any covenants of record.

(13)

The applicant shall provide a certificate of liability insurance. Annually, the owner/operator shall present evidence to the zoning administrator that the liability insurance is still in effect.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

Compliance with the parking standards in this section shall be required as part of the approval for the following activities:

(1)

A zoning development plan.

(2)

A new conditional use.

(3)

A PUD application.

(4)

The redevelopment, repair, change of use, or an expansion of less than 25 percent of an existing structure shall not be subject to the off-street parking requirements below:

(b)

Off-street parking shall be provided as follows:

(1)

Single-family dwellings and group homes: two spaces

(2)

Multiple-family dwellings including apartments and condominiums:

a.

With one bedroom or less: one space per dwelling unit.

b.

With two or more bedrooms: two spaces per dwelling unit.

(3)

Dormitories, bunkhouses and similar group sleeping quarters: one space for every three beds.

(4)

Hotels and motels: three spaces for every four units, plus one parking space for every three employees.

(5)

Rest homes and hospitals: one space per bed.

(6)

Offices: one space per 400 square feet of gross floor area.

(7)

Retail sales: one parking space for every 400 square feet of gross floor area, excluding areas devoted exclusively to storage and building maintenance.

(8)

Auditoriums, churches and theaters: one space per four seats if fixed seating, or one space per 50 square feet of the seating area.

(9)

Manufacturing, processing, assembling or similar industrial uses: one space per 400 square feet of gross floor area, exclusive of restrooms and building maintenance areas, provided that such parking lot occupy space provided to satisfy loading area requirements.

(10)

Uses not listed or described in one of the above categories: the planning and zoning commission shall determine the off-street parking requirements.

(c)

Additional parking apron, peripheral parking, on street parking improvements, or parking waivers may be considered by the planning and zoning commission in its sole discretion, if the planning commission finds that such additional parking or reduction in parking is necessary to facilitate the development. This waiver shall be considered during the conditional use hearing or site development application process.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

This article establishes minimum standards for landscaping. The city encourages developers and landowners to exceed these minimums whenever possible. Compliance with the landscaping standards in this article shall be required as part of the approval for the following activities:

(1)

A zoning development plan.

(2)

Conditional uses.

(3)

A PUD application.

(b)

General requirements.

(1)

Undeveloped areas. Any part of a site not used for buildings, parking, driveways or sidewalks shall be landscaped. All undeveloped building areas within partially developed commercial or industrial uses shall be landscaped with a ground cover to control dust, noxious weeds, and erosion in a manner that is not obtrusive or does not obstruct the view of others.

(2)

Obstructions. No walls, buildings or other obstructions to view shall be placed in the sight distance triangle. Trees may be located within the triangle, provided that they are pruned enough to permit unobstructed vision.

(3)

Commercial or industrial minimum landscape area and living cover. The minimum landscape area for each zone is established in Tables 30 A and B for each zone district. Within the minimum landscape area at least 15 percent of the covered area must be living plantings such as trees, shrubs, or other living cover incorporated into the landscape area. For the purpose of this living cover requirement grass, xeriscape, rock, mulch, or other ground cover does not count towards this requirement. For multi-family, commercial, or industrial projects a landscape plan must be included with the zoning development application per section 30-12.

(4)

In residential zones, one tree per unit. Multi-family projects must include one tree for the first six units.

(c)

Screening.

(1)

Height. All three-yard or greater trash or refuse collection areas shall be enclosed by a six-foot-high solid wood fence or masonry wall, styled to match the material of adjacent walls or the main building on the site.

(2)

Materials. Screening walls, fences or structures shall be constructed from durable materials which are architecturally compatible with the primary building on the site.

(3)

Colors. Screening devices shall blend into the landscaping, and muted earth tones shall be used as opposed to bright colors.

(4)

Maintenance. All walls, fences or structures shall be maintained in good condition.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)