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Leesville City Zoning Code

DIVISION 2

ZONING LAND USE DISTRICTS

Sec. 74-15. - Zoning land use districts established.

(a)

The city is divided into three types of districts:

A Districts—Residential.

C Districts—Commercial.

M Districts—Industrial.

(b)

The three types of districts are further divided into the following specific districts:

A-5—Planned Residential.

A-6—Single Family Urban.

A-6 MS—Manufactured Structures, Single Family Urban.

A-7—Multifamily Urban.

A-8—High Density Urban.

A-9—Apartment.

A-10—Trailer.

C-1—Planned Commercial.

C-2—Commercial.

C-3—Neighborhood Commercial.

C-4—Highway Commercial.

M-1—Planned Industrial.

M-2—Light Industrial.

M-3 General Industrial.

(Zoning Ordinance, §§ 1.101, 1.102; Ord. No. 3/98, § X, 4-13-98)

Sec. 74-16. - Zoning map adopted.

(a)

The zoning districts and the boundaries thereof shall be as shown on the official zoning map of the City of Leesville, which together with all explanatory matter shown thereon, is hereby adopted by reference and declared to be a part of this article when properly certified and attested.

(b)

The official zoning map, which shall be located in Leesville at the city hall, shall be the final authority as to the current zoning status of land, buildings and other structures in the city. The map shall be kept by the secretary of the council.

(Zoning Ordinance, § 1.102, 2nd ¶, § 1.103, 3rd ¶)

Sec. 74-17. - Changes in zoning district boundaries; up-dating of zoning map.

(a)

If, in accordance with the provisions of this article and statutes, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made in the official zoning map semi-annually on January and July after the amendment has been approved by the Council. Each such semiannual change of the map shall be dated, signed, and certified. However, amendments shall become effective when adopted by the Council.

(b)

No change of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedure set forth in this article. Any unauthorized changes of whatever kind, by any person or persons, shall be considered a violation of the article and punishable under section 74-211 of this article.

(Zoning Ordinance, § 1.103, 1st, 2nd ¶)

Sec. 74-18. - Zoning classification of annexed territory.

Areas not shown on the official zoning map and newly annexed areas shall be classified as A-6 single-family urban unless otherwise amended.

(Zoning Ordinance, § 1.104)

Sec. 74-19. - Rules for interpretation of zoning district boundaries.

(a)

Where uncertainties exist as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

(b)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c)

Boundaries indicated as approximately following city limits shall be construed as following city limits.

(d)

Boundaries indicated as following railroad lines shall be construed to be midway between the tracks.

(e)

Boundaries indicated as following shorelines shall be construed to follow such shoreline and, in event of change in the shoreline, shall be construed as moving with the actual shoreline.

(f)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (e) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(g)

Boundaries indicated following other boundary lines, watercourses, and other natural typographical features, such lines shall be construed to be such boundaries.

(h)

Where street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by subsections (a) through (g) above, the board of adjustment shall interpret the district boundaries, provided such adjustment does not exceed one acre in area.

(Zoning Ordinance, §§ 1.201—1.208)

Sec. 74-20. - Sexually oriented businesses.

(a)

Definitions.

(1)

Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-projecting devices are maintained to show images to five or fewer persons per machine at any time, and where the images so displayed are distinguished or characterized by the depicting of specified sexual activities or specified anatomical areas, as defined herein.

(2)

Adult bookstore or adult video store. A commercial establishment in which a substantial portion of its stock in trade consists of books, videos, tapes, cassettes, photographs, slides, magazines, and other periodicals which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.

(3)

Adult cabaret. A night club, bar, restaurant, or similar commercial establishment which features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas, as defined herein.

(4)

Adult retail store. A business where a substantial portion of the stock in trade consists of items or products other than printed matter which are characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.

(5)

Adult theater. Any theater, concert hall, auditorium or similar establishment with a capacity of more than five persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined herein, or features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas, as defined herein.

(6)

Escort. A person who, for consideration, agrees or offers to act as a companion, or date for another person, and/or who, for consideration, agrees or offers to privately model lingerie or perform a striptease for another person.

(7)

Escort agency. A person or commercial establishment who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

(8)

Nude model studio. Any place where a person who appears in a state of nudity or displays specified anatomical areas, as defined here, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

(9)

Nudity or state of nudity. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

(10)

Semi-nudity. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

(11)

Sexual encounter center. A commercial establishment which, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

(12)

Sexually oriented business. Any adult arcade, adult bookstore or adult video store, adult cabaret, adult retail store, adult theater, escort, escort agency, nude model studio, or sexual encounter center.

(13)

Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic region, buttock, human genitals in a discernibly erect state, even if completely and opaquely covered, or any combination of the aforementioned.

(14)

Specified sexual activities. Depiction of male genitals in a state of sexual arousal, female genitals; acts of masturbation, sexual intercourse, oral copulation, sodomy, bestiality; touching of human genitals, pubic region, buttock, anus; or any combination of the aforementioned.

(b)

Location requirements.

(1)

No sexually oriented business shall be operated within 1,000 feet of:

a.

A public park or public library.

b.

A nonprofit educational museum.

c.

A church or synagogue.

d.

A public or private elementary or secondary school.

e.

A day care center or kindergarten.

f.

Another sexually oriented business.

g.

A structure that contains another sexually oriented business.

(2)

No sexually oriented business shall be operated within 1,000 feet of a residential zoning district.

(3)

Not withstanding any other provisions of this chapter, sexually oriented businesses shall be allowed only in areas zoned C-2 commercial district or C-4 highway commercial district.

(c)

Measurement.

(1)

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where a sexually oriented business is located or conducted to the nearest property line of the premises of a church, public park, public or private elementary or secondary school, day care center or kindergarten, residential district, or building site dedicated or devoted to a residential use.

(2)

Measurement between any two sexually oriented businesses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one establishment to the exterior wall of the other establishment.

(d)

Nonconforming.

(1)

Any person or entity holding a certificate of occupancy for a lawful business and actually operating a sexually oriented business on the effective date of this section, but not in compliance with the requirements of this chapter shall be permitted to continue to operate as a nonconforming sexually oriented business at the site of the previous use; provided, however, that should such business cease to operate or be discontinued for any period of time, it shall not thereafter be reestablished without being in full compliance with all provisions of this chapter and all other applicable codes and ordinances. The terms "cease to operate" or "discontinued for any period of time" shall mean the voluntary or intentional termination, cessation or discontinuance of the business by the owner or other party in interest or an involuntary termination of the business resulting from a violation of any applicable rule, regulation, ordinance, statute or law. The nonconforming use shall not be deemed to terminate if the cessation, termination of discontinuance of the business operations are caused by an act of God, or other catastrophic occurrence or event not caused by or under the control of the business owner or other party in interest. The holder of the certificate of occupancy or operator of the business shall be responsible for providing documentation, acceptable to the zoning code enforcement office, that a nonconforming sexually oriented business has not ceased to operate or been discontinued. A nonconforming sexually oriented business shall not be enlarged, increased or altered. Any change in use shall require full compliance with all provisions of this chapter and other applicable codes.

(2)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to approval of the sexually oriented business, of a church, public park, public or private elementary or secondary school, day care center or kindergarten, residential district or residential lot within 1,000 feet of the sexually oriented business.

(e)

Issuance of certificate of occupancy. Prior to issuance of a certificate of occupancy, the owner or applicant shall be required to sign a written statement verifying that a sexually oriented business is being operated as defined by this section.

(Ord. No. 15/01, 9-27-01)

Sec. 74-21. - Conditional use permits for MHs in residential districts zones A-7, A-8, and A-9.

(a)

Spot zoning is unwarranted for development of manufactured homes in the following zones: A-7, A-8, and A-9.

(1)

A conditional use approval is warranted in zones A-7, A-8, and A-9 for all manufactured homes, mobile homes, house trailers, modular homes or International Building Code approved tiny homes or portable buildings used for dwelling purposes provided that each home(s) serving as a dwelling unit be located on a separate lot which is owned by the occupant of the home and which lot complies with the area requirements.

(2)

Notification and response for manufactured homes, mobile homes, house trailers, modular homes or International Building Code approved tiny homes or portable buildings only. The applicant proposing to place a manufactured home, mobile home, house trailer, modular home or International Building Code approved tiny homes or portable buildings on property within the city shall obtain and complete an "application for a conditional use permit."

(3)

Upon completion, the application shall be submitted to the planning and zoning commission for review and recommendation to the city council.

(b)

Final inspection.

(1)

The building inspector and/or the director of public works or their designated representative(s) shall inspect the proposed site and structure to verify that the applicant has met the following requirements, and shall certify to the commission, on a form whose contents are prescribed by the form attached to the ordinance from which this section derives the following:

a.

Mobile structure skirted, including the tongue.

b.

Mobile structure tied down in accordance with applicable rules and regulations.

c.

Mobile structure installed on the minimum permanent foundation.

d.

Sewer connection made directly into municipal utility system.

e.

Water connection made directly into municipal utility system.

f.

Structure clear of all utility easements.

g.

Parking spaces and driveway surfaced with a permanent dust-free paving.

h.

Final inspection approved before issuance of electrical permits.

(c)

Petition of resident property owners.

(1)

Any applicant desiring to place a manufactured home, mobile home, house trailer, modular home or International Building Code approved tiny homes or portable buildings on property zoned A-7, A-8, and A-9 within the city in addition to the application for mobile home structure permit, as described above, shall show proof of manufactured date being ten years or newer and obtain from the planning department an application with the outlined requirements. The planning department shall obtain from the assessor's office a list of the names and addresses of the owners of all properties within 600 feet of the property on which the applicant proposes to locate such mobile structure, and shall contact by certified letter stating the proposed project and date, location, and time of its public hearing. The petitioner's application shall be submitted to the planning and zoning commission for recommendation to the city council to allow a conditional use permit for said development.

(Ord. No. 4/24, 5-13-24)

Sec. 74-22. - Conditional use permit.

(a)

Purpose. Within each zone district there are land uses permitted by right and land uses permitted only by approval of conditional use meaning a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. However, the use permit may be approved after public notice, public hearing, and subject to conditions which may limit or control the use.

(b)

Conditional use permit. A conditional use permit is a process for reviewing uses and activities that are typically compatible with other allowed uses within a zone but due to their nature require planning commission and city council consideration of site design and adjacent uses without changing zoning status. Conditional use permits provide for a discretionary review of uses that are allowed, but do not meet the standards for administrative review.

(c)

Conditional use permit. The determination for a conditional use permit shall be made by the city council upon recommendation by the planning commission based on the nature of the application and the policy issues raised by the project.

(d)

Required findings. The following findings must be made by the zoning administrator or planning commission before the conditional use permit can be approved:

(1)

The issuance of the permit is consistent with the general plan;

(2)

The proposed use would not be detrimental to the public health, safety and welfare, or injurious to the neighborhood; and

(3)

The proposed use is specifically permitted by conditional use permit pursuant to this title.

(e)

Process.

(1)

Applicant/agent prepares all required submittal information and makes an appointment to submit the application to planning commission.

(2)

Planning department performs site visit and meet on-site with the applicant/agent, if necessary.

(3)

Certified letter submittal by the planning department to the 600-foot radius adjacent property owners is mailed out detailing the proposal and the public hearing date.

(4)

Project is noticed in the local newspaper advertising the required 15-day public review period.

(5)

Proposal is present to the planning commission. If approved for recommendation, it will proceed to the city council for final approval.

(6)

An appeal may be filed by either the applicant or affected party within ten working days after decision.

(e)

Timing. Steps (1) through (6) are typically completed within 45 days. The remaining steps are more flexible depending on the complexity of the application. Most applications will reach public hearing in one month. If appealed, an additional 30 days will ensue.

(f)

Hearing. Applications must be heard by either the planning commission (conditional use permit applications), then by the city council. All public hearings are advertised in a local newspaper and notice is mailed to all property owners within a minimum 600-foot radius of the subject property.

(g)

Appeals. If an appeal is made, the matter is heard at a public hearing of the city council, depending on whether a conditional use permit, with notice given as described above. Said appeal is usually heard 30 days after planning commission decision.

(h)

Fees. Current application fees may be obtained by contacting planning department at (337) 404-4078.

(i)

Note. Should your application be denied, application fees are nonrefundable. Should you request withdrawal of the application before a decision has been made, you may receive only that portion of the fee which has not yet been expended. If the public hearing notice has been advertised, fees are nonrefundable.

(Ord. No. 4/24, 5-13-24)

Sec. 74-30. - Permitted uses; prohibited uses; height regulations; area regulations; off-street parking.

(a)

Permitted uses. In A-6 residential district only the following uses of property shall be permitted: single family dwelling; municipal recreation use; boat docks; schools offering general education courses; churches, home occupations; agriculture; bulletin boards for churches, temples, institutions or public buildings only; and signs not exceeding 12 square feet in area pertaining to the rental, lease, or sale or building or land, provided, however, that not more than one sign of the above character shall be permitted on any lot; accessory buildings including private garage and uses customarily incidental to any of the above uses where located on the same lot and not involving the conduct of a business; cemetery, provided it serves as a transitional open use between less compatible uses; golf courses; hospital; institution; municipal, state, federal, or governmental use; public utility; nonprofit private club, provided all structures for such uses are located 25 feet from any property line.

(b)

Prohibited uses. All uses not permitted herein.

(c)

Height regulations. No building shall exceed 35 feet in height.

(d)

Area regulations.

Cross reference— Lots of Record, § 74-126.

(1)

Yards.

a.

Front yard. Front building lines shall conform to the average building lines in a developed block but in no case shall it be less than 25 feet. On through lots this minimum front yard shall be provided on both streets.

b.

Side yard. There shall be two side yards, one on each side of the building, having an area of 20 percent of the total lot width with a minimum of five feet from any side line for lots under 100 feet and a minimum of ten feet from any side property line for lots over 100 feet in width. However, this regulations shall not be so interpreted as to reduce the buildable width of a lot existing before the adoption of this ordinance to less than 24 feet, nor shall it permit a building to be constructed in a major street right-of-way as shown on the major street plan.

c.

Rear yard. There shall be a rear yard having a depth of not less than 20 percent of the depth of the lot provided, however that the depth of the required rear yard shall not be less than 25 feet and need not exceed 25 feet.

(2)

Lot size.

a.

There shall be a lot width of a minimum of 75 feet at the building line.

b.

Every lot shall contain an area of not less than 11,250 square feet per family unit.

(e)

Off-street parking regulations provided for under sections 74-140 et seq.

(Zoning Ordinance, § 2.101—2.105; Ord. No. 77, 4-8-85)

Sec. 74-31. - Reserved.

Editor's note— Ord. No. 4/24, adopted May 13, 2024, repealed § 74-31, which pertained to permitted uses, prohibited uses, and other regulations and derived from Ord. No. 3/98, § II, 4-13-98.

Sec. 74-35. - Permitted uses; prohibited uses; height regulations; area regulations; off-street parking.

(a)

Permitted uses. Uses permitted in A-6 district: multifamily dwellings; philantrophic uses; conditional use approval is warranted in zones A-7 for all manufactured homes, mobile homes, house trailers, modular homes or International Building Code approved tiny homes or portable buildings used for dwellings located on a separate lot which is owned by the occupant, and lodge halls.

(b)

Prohibited uses. All uses not permitted herein.

(c)

Height regulations. No building shall exceed 45 feet in height.

(d)

Area regulations.

(1)

Yards.

a.

Front yard. Front building lines shall conform to the average building lines in a developed block but in no case shall it be less than 20 feet. When there is undeveloped land for a distance of 150 feet on both sides of a proposed building, the minimum building set back line shall be 25 feet from the established street right-of-way lines. On through lots, this minimum depth shall be provided on both streets.

b.

Side yard. Same as for A-6 side yard.

c.

Rear yard: Same as A-6 rear yard.

(2)

Lot size:

a.

There shall be a lot width of a minimum of 65 feet at the building line.

b.

Every lot shall contain an area of not less than 7,200 square feet per family; where more than one family occupies the same building an additional 2,500 square feet per family is required.

(e)

Off-street parking requirements as provided for in section 74-140 et seq.

(Zoning Ordinance, §§ 2.201—2.205; Ord. No. 4/24, 5-13-24)

Sec. 74-40. - Permitted uses; prohibited uses; height regulations; area regulations; offstreet parking.

(a)

Permitted uses. Uses permitted in A-6 district: apartment motels; boarding houses; tourist courts; conditional use approval is warranted in zones A-8 for all manufactured homes, mobile homes, house trailers, modular homes or International Building Code approved tiny homes or portable buildings used for dwellings located on a separate lot which is owned by the occupant; beauty shops, provided such occupations are conducted in the main building and the persons conducting such occupation resides on the premises and that advertising signs not exceed one square foot and be non-illuminated; the expansion of existing home occupation use by not more than 25 percent of the area; boat rental; and trailer courts.

(b)

Prohibited uses. All uses not permitted herein.

(c)

Height regulations. No building shall exceed 45 feet in height.

(d)

Area regulations.

(1)

Yards.

a.

Front yard. Front building lines shall conform to the average building lines in a developed block but in no case shall it be less than 20 feet. On through lots this minimum depth shall be provided on both streets.

b.

Side yard. Same as A-6 side yard.

c.

Rear yard. Same as A-6 rear yard.

(2)

Lot size.

a.

There shall be a lot width of a minimum of 50 feet at the building line.

b.

Every lot shall contain an area of not less than 6,000 square feet per family; where more than one family occupies the same building an additional 1,500 square feet per family is required.

(e)

Off-street parking requirements as provided for section 74-140 et seq.

(Zoning Ordinance, §§ 2.301—2.305; Ord. No. 4/24, 5-13-24)

Sec. 74-45. - Permitted uses; prohibited uses; height regulations; area regulations; off-street parking.

(a)

Permitted uses. Uses permitted in A-6 district: a apartments; row houses; and conditional use approval is warranted in zones A-8 for all manufactured homes, mobile homes, house trailers, modular homes or International Building Code approved tiny homes or portable buildings used for dwellings located on a separate lot which is owned by the occupant.

(b)

Prohibited uses. All uses not permitted herein.

(c)

Height regulations. No building shall exceed 45 feet in height.

(d)

Area regulations.

(1)

Yards. Same as A-6 except that the exterior walls of the building nearest the property lines shall be considered the front, side, and rear yard areas in condominium and other similar apartments with joint ownership or common property. That a front or rear yard which contains parking shall be a minimum of 40 feet in depth from said property line.

(2)

Lot size.

a.

There shall be a minimum lot width of 70 feet.

b.

Every lot shall contain a minimum of 11,250 square feet and shall be increased by an additional area of 800 square feet for each unit in excess of four and 1,800 square feet for each ground level unit in excess of four.

(e)

Off-street parking regulations. Provide one and one-half spaces for each living unit. (See section 74-140 et seq.)

(f)

Statement of services. There shall be presented to the commission a written statement from the fire department and utility companies serving the area assuring that adequate services are available or can be supplied.

(Zoning Ordinance, §§ 2.401—2.406; Ord. No. 4/24, 5-13-24)

Sec. 74-50. - Permitted uses; prohibited uses; height regulations: area regulations; off-street parking.

(a)

Permitted uses. Parking or sale of mobile home type trailers and travel trailers. Uses permitted in an A-8 area provided minimum A-8 area and yard regulations are met.

(b)

Prohibited uses. All uses not permitted herein.

(c)

Height regulations. No building shall exceed 45 feet in height.

(d)

Area regulations.

(1)

Yards.

a.

Front yard. Trailers and structures shall be set back from the front lot line of the park a minimum distance of 20 feet.

b.

Side yard. There shall be two side yards one on each side of the trailer park having a minimum width of 15 feet each.

c.

Rear yard. There shall be a rear yard having a minimum depth of 15 feet at the rear of the park.

(2)

Lot size.

a.

Lot. Every trailer park shall contain a basic area for laundry, showers, recreation area, and service facilities of not less than 9,500 square feet. A lot shall have a minimum area of 5 acres. Where trailer spaces are to be sold as individual lots, they shall conform to the subdivision regulations, front on a public street, and have a minimum frontage of 50 feet, a minimum area of 5,000 square feet per family, and 1,500 square feet for each additional family.

b.

Trailer spaces shall be a minimum depth of 100 feet and a minimum width of 27 feet at the parking line of each trailer space. There shall be a maximum of ten trailer rental units per acre as an average for the entire trailer park. Trailers shall be parked not less than 15 a feet apart in all directions when used as living units and this shall include exterior storage units or wings.

(e)

Off-street parking requirements. As provided for in section 74-40 et seq. However, there shall be not less than two off-street parking spaces for automobiles and one trailer space for each designated trailer rental unit.

(Zoning Ordinance, §§ 2.501—2.505)

Sec. 74-60. - Permitted uses; prohibited uses; height regulations; area regulations; off-street parking and loading.

(a)

Permitted uses. All businesses not specifically restricted or prohibited; amusement enterprises including, but not limited to, the provision of stage entertainment; bowling alleys, skating rinks and pool rooms; auto retail, wholesale, or repair services; bus and railway stations; retail businesses where articles are sold at retail on the premises; storage; billboards (not to exceed 15 feet in height); residential; service stations; new and used auto sales, tire sales and services, auto parts sales; car wash; grocery stores; department stores; dress shops; children's clothing stores; furniture stores; gift shops; farmers supplies and warehouse; lawnmower sales and service shops; hardware stores; general merchandise stores; office equipment sales; housing sales; electrical supply stores; hobby shops; television and radio repair service shops; taxicab company; dry goods stores; ice cream stands; snack bars; snowball stands; bakeries and pastry shops; distributors of plumbing, heating, and air conditioning supplies; army surplus sales; fish markets, meat markets; electrical appliance sales stores; lock and key service shops; custom draperies and carpet sales stores; shoe repair shops; dance studios; donut and coffee shops; package liquor stores; fruit markets; sweet shops; trailer sales; cosmetics shops; pizza parlors; photographic studios; funeral homes; music stores; and sporting goods stores. Automobile storage (commercial) sites, (need not be enclosed within a structure, but must house operative vehicles exclusively. Junk vehicles not in running order or without current state inspection stickers must be stored in an area with a visual barrier form the general public's view. A visual barrier shall be classified as a fence or a wall); correctional, detention or penal facilities (must be approved by public hearing of the planning commission and receive the approval of the city council prior to inclusion of the corporate limits); fairgrounds, stadiums, arenas, coliseums or sports fields; golf clubs, country clubs, swim clubs or tennis clubs, including enclosed support facilities; farm equipment and supplies sales (need not be enclosed within a structure); golf clubs, country clubs, swim clubs or tennis clubs, including enclosed support facilities; landscape garden sales (need not be enclosed within a structure); open air market (need not be enclosed within a structure); parks, pavilions, recreation centers or playgrounds (public or private, can include both indoor and outdoor components); recycling service center with trailer/truck body; stone monument sales, retail (need not be enclosed within structure); and theater, outdoor facilities (need not be enclosed within structure). Telecommunication service towers, monopole towers, and guide wire towers over 100 feet are required to submit a site plan for review for an exception approved by the planning and zoning commission.

(b)

Prohibited uses. Uses detrimental to a neighborhood because of odor, smoke, dust, gas, excessive glare, light, noise, or vibrations as set forth in section 74-103.

(c)

Height regulations. No building or structure shall exceed 65 feet in height except when approved under section 74-127(a)(2).

(d)

Area regulations.

(1)

Yards.

a.

Whenever a C-2 district abuts on a residential district which requires front, side, and rear yards, these requirements shall apply for the C-2 district for the entire block in which the abutment occurs or 150 feet if no block exists.

b.

Front yard. No front yard is required except for a dwelling and it shall be the same as for A-8 district.

c.

Side yard. No side yard is required except for a dwelling and it shall be the same as for A-8 district.

d.

Rear yard. No rear yard is required except for a dwelling and it shall be the same as for A-8 district.

e.

See section 74-114.

(2)

Lot size for dwellings, same as A-8 district.

(e)

Off-street parking regulations as provided for under section 74-140 et seq.

(f)

Loading zone requirements shall be provided as set forth in section 74-150.

(g)

[Auto retail business size.] At least 10,000 square feet of the surface area for development, 200 square feet of surface per automobile, surface area paved with a non-dust causing material, and property area be able to load and unload on the property not to encroach the public street or sidewalk.

(h)

Height requirements in zoning districts shall apply except when the planning and zoning commission approve exceeding the height regulations per district.

(Zoning Ordinance, §§ 2.601—2.606; Ord. No. 10/12, 3-26-12; Ord. No. 12/17, 7-24-17; Ord. No. 11/18, 12-11-18; Ord. No. 4/22, 3-28-22)

Sec. 74-65. - Permitted uses; prohibited uses; height regulations; area regulations; off-street parking and loading.

(a)

Permitted uses. Any use permitted in A-8 district, office; restaurant; grocery and drug stores; filling stations; barber shops; florist; beauty shops; meat market; clinic; bank, including drive-in banks; locker plants for storage of food; appliance shop, sporting goods; hardware; department stores; drive-in theater; launderette; bakery; cleaners; similar retail business or service which is established for the convenience of neighborhood residents; funeral homes and mortuaries; bar rooms; night clubs and lounges. Telecommunication service towers, monopole towers, and guide wire towers over 100 feet are required to submit a site plan for review for an exception approved by the planning and zoning commission.

(b)

Prohibited uses. All uses not permitted herein. Uses detrimental due to odor, smoke, dust, gas, excessive glare, noise, vibration. See for standards section 74-103.

(c)

Height regulations. No building shall exceed 45 feet in height. Height requirements in zoning districts shall apply except when the planning and zoning commission approves exceeding the height regulations per district.

(d)

Area regulations.

(1)

Yards.

a.

Whenever a C-3 commercial district abuts on a residential district which requires front, side, and rear yards, these requirements shall apply for the C-3 district for the entire block in which the abutment occurs.

b.

Front yard. No front yard is required except for a dwelling and it shall be the same as for A-8 district.

c.

Side yard. No side yard required except for a dwelling and it shall be the same as for A-8 district.

d.

Rear yard. No rear yard required except a for a dwelling and it shall be the same as A-8 district.

e.

See section 74-114.

(e)

Off-street parking regulations as provided for under section 74-140 et seq.

(f)

Loading zone requirements as provided for under section 74-150.

(g)

Height requirements in zoning districts shall apply except when the planning and zoning commission approve exceeding the height regulations per district.

(Zoning Ordinance, §§ 2.701—2.706; Ord. No. 11/18, 12-11-18)

Sec. 74-70. - Permitted uses: prohibited uses; height regulations; area regulations; off-street parking and loading.

(a)

Permitted uses. Any use permitted in a C-3 commercial district; gift shops; stores to serve the drive-in trade; sporting goods stores; bait shops, boat sales or rentals; eating establishments; warehouses; truck repairs. Telecommunication service towers, monopole towers, and guide wire towers over 100 feet are required to submit a site plan for review for an exception approved by the planning and zoning commission.

(b)

Prohibited uses. Uses detrimental to a neighborhood because of odor, smoke, dust, gas, excessive glare, light, noise, or vibrations. See section 74-103 for standards.

(c)

Height regulations. No building or structure shall exceed 45 feet in height. Height requirements in zoning districts shall apply except when the planning and zoning commission approves exceeding the height regulations per district.

(d)

Area regulations.

(1)

Yards.

a.

Whenever a C-4 district abuts on a residential district which requires a front, side, and rear yard, these requirements shall apply for the C-4 district for the entire block in which the abutment occurs.

b.

Front yard. No front yard is required except for a dwelling and it shall be the same as for A-8 district.

c.

Side yard. No side yard is required except for a dwelling and it shall be same as for A-8 district.

d.

Rear yard. None except for a dwelling and it shall be the same as A-8 district.

e.

See section 74-114.

(e)

Off-street parking regulations as provided for under section 74-140 et seq.

(f)

Loading zone requirements shall be as provided for in section 74-150.

(g)

Setback requirements to all quide wire towers approved by exception under section 14-6(2)b.

(Zoning Ordinance, §§ 2.801—2.806; Ord. No. 1/97, 1-16-97; Ord. No. 11/18, 12-11-18)

Sec. 74-80. - Permitted uses; prohibited uses; height regulations; area regulations; off-street parking and loading.

(a)

Permitted uses. In an M-2 light industrial district only the following uses of property shall be permitted: any use permitted in the M-1 planned industrial district; ice house; bulk oil storage; fertilizer storage; telephone or utility exchange buildings; boat repair yard; provided, however, that no building or structure shall be erected, reconstructed, or structurally altered for residential use except for dwelling quarters for watchmen and caretakers employed upon the premises. Telecommunication service towers, monopole towers, and guide wire towers over 100 feet are required to submit a site plan for review for an exception approved by the planning and zoning commission.

(b)

Prohibited uses. Dwellings; churches; schools offering general education courses; library; all uses not permitted herein.

(c)

Height regulations. No building or structure shall exceed 65 feet in height except when approved under section 74-127(a)(2).

(d)

Area regulations.

(1)

Yards.

a.

Whenever an M-2 district abuts on a residential district which requires front, side, and rear yards theme requirements shall apply wherever the abutment occurs and shall apply for the entire block in which the abutment occurs or 150 feet beyond, when no block exists.

b.

Front, side and rear yards. None except as noted in subsection (c)(1)a. above.

c.

See section 74-114.

(2)

Lot size. None except principal building or structure shall not cover more than 60 percent of the lot area.

(e)

Off-street parking regulations as provided for under section 74-140 et seq.

(f)

Loading zone requirements as provided for under section 74-150.

(g)

Height requirements in zoning districts shall apply except when the planning and zoning commission approve exceeding the height regulations per district.

(Zoning Ordinance, §§ 2.901—2.906; Ord. No. 11/18, 12-11-18)

Sec. 74-85. - Permitted uses; prohibited uses; height regulations; area regulations: off-street parking and loading.

(a)

Permitted uses. In an M-3 industrial district only the following uses of property shall be permitted: all uses not specifically prohibited; any use permitted in M-2 industrial and not specifically prohibited herein, provided, however, that no building or structure shall be erected, reconstructed or structurally altered for residential use except for dwelling quarters for watchmen and caretakers employed upon the premises or expansion of existing residential uses. Telecommunication service towers, monopole towers, and guide wire towers over 100 feet are required to submit a site plan for review for an exception approved by the planning and zoning commission.

(b)

Prohibited uses. New dwellings; churches; schools offering general education course; library.

(c)

Height regulations. No building or structure shall exceed 65 feet in height except when approved under section 74-127(a)(2).

(d)

Area regulations.

(1)

Yards.

a.

Whenever an M-3 industrial district abuts on a residential district which requires front, side, and rear yards, these requirements shall apply for the entire block in which the abutment occurs or 150 feet when no block exists.

b.

Front yard. None except where it abuts on a residential district.

c.

Side yard. None except where it abuts on a residential district, except in no case where a building side yard is provided shall it be less than three feet.

d.

Rear yard. None except where it abuts a residential district.

e.

See section 74-114.

(2)

Lot size: None.

(e)

Off-street parking regulations as provided for under section 74-140 et seq.

(f)

Loading zone requirements shall be as provided for under section 74-150.

(g)

Height requirements in zoning districts shall apply except when the planning and zoning commission approve exceeding the height regulations per district.

(Zoning Ordinance, §§ 2.1001—2.1006; Ord. No. 11/18, 12-11-18)