Lingle City Zoning Code
CHAPTER 3
DISTRICTS
11-3-1: ESTABLISHED:
For the purposes of this title, the town is hereby divided into districts, which shall be known as follows:
Zone 1, residential district, class 1
Zone 1, residential district, class 2
Zone 2, business district, class 1
Zone 2, business district, class 2
Zone 3, mobile home parks and mobile home subdivisions
Zone 4, industrial district
(Ord. 200, 11-7-1984; amd. 2002 Code)
11-3-2: ADOPTION OF ZONING MAP:
The boundaries of such districts are hereby established as shown on the map prepared by the zoning commission designated as the zoning district map attached to ordinance 130 on file in the office of the town clerk-treasurer, which map together with all notations, references and other information shown thereon is hereby made a part hereof as if fully set forth herein at length. (2002 Code)
11-3-3: INTERPRETATION OF ZONE BOUNDARIES:
Where uncertainty exists with respect to the boundaries of the districts as shown on the zoning district map, the following rules shall apply:
A. Where Boundaries Approximately Follow Streets, Alleys, Or Highways: Where district boundaries are indicated as approximately following the centerline or street line of streets, the centerline or alley line of alleys, or the centerlines or right of way lines of highways, such lines shall be construed to be such district boundaries.
B. Where Boundaries Parallel Street Lines, Alley Lines Or Highway Right Of Way Lines: Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, the centerlines or alley lines of alleys, or the centerlines or right of way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.
C. Where Boundaries Approximately Follow Lot Lines: Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.
D. Where Boundaries Follow A Railroad Line: Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.
E. District Regulations Apply To Schools, Parks: Any areas shown on the zoning map as park, playground, school, cemetery, water, street, or right of way shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regulations of the most restrictive adjoining district shall govern.
F. Where Property Has Not Been Included In District: In every case where property has not been specifically included within a district or where territory has become a part of the town by annexation, the same shall automatically be classed as lying and being within zone 1, residential district, class 1, until such classification shall have been changed by an amendment to the zoning ordinance as provided by law.
G. Vacation Of Public Ways: Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended district. (Ord. 130, 12-29-1975)
11-3A-1: PERMITTED USES:
A. Residential Dwellings: In zone 1, residential district, class 1, there may be erected, altered and maintained only single-family and two-family dwellings, with or without accessory buildings or uses as are appropriate to such dwelling or dwellings, including private garages.
B. Raising Vegetables And Produce: The raising of vegetables and produce shall be permitted within said district; provided, that there shall be no farmhouse, stable or livestock maintained in connection therewith or on properties within such district.
C. Home Occupations: The occupants of such dwellings may be engaged therein in such professions or occupations as are ordinarily carried on in a private home, including, but not limited to, the home office of a physician, dentist, insurance agent, or realtor.
D. Other Uses: Other uses permitted in such district are public parks and playgrounds, all of which must conform to the regulations herein established and must maintain the character of residential surroundings. (Ord. 177, 4-28-1982)
11-3A-2: PROHIBITED USES:
A. Basement Homes: No basement homes shall be permitted in this zone.
B. Mobile Home; Temporary Shelter: No mobile home or temporary shelter shall hereinafter be situated in this zone. (Ord. 177, 4-28-1982)
11-3A-3: LOT AREA:
A. Single-Family Dwelling: The minimum lot area per family for single-family dwelling shall be seven thousand (7,000) square feet; provided, that where there is an existing dwelling on the rear half of the lot, one additional dwelling may be constructed on the front one-half (1/2) of the lot if such construction complies with the other provisions of this title.
B. Two-Family Dwelling: The minimum lot area per family for two-family dwellings shall be three thousand five hundred (3,500) square feet. (Ord. 177, 4-28-1982)
11-3A-4: LOT COVERAGE:
No more than thirty percent (30%) of the area of an interior lot in such district shall be covered by a building or buildings nor more than forty percent (40%) of a corner lot. (Ord. 177, 4-28-1982)
11-3A-5: SETBACKS:
Any building or structure erected or to be erected within this district shall be located on the lot in conformance with the requirements as specified by the town building code, other ordinances as now or hereafter adopted or amended, and the yard regulations as herein provided for. (Ord. 177, 4-28-1982)
11-3A-6: MAXIMUM HEIGHT:
A. Dwellings: The height of buildings in this district shall be limited to two and one-half (21/2) stories.
B. Radio And Television Towers: The maximum height of all radio and television towers or antennas shall be seventy five feet (75') above the grade of the lot. (Ord. 177, 4-28-1982)
11-3A-7: OFF STREET PARKING:
One off street parking space per family shall be provided for all single- and two-family dwellings hereinafter constructed. (Ord. 177, 4-28-1982)
11-3A-8: FENCES:
A. Maximum Height: Except at the rear of lots abutting on an alley, no solid fences shall be erected to a height greater than four feet (4') above the ground. At the rear of lots abutting on alleys, solid fences or walls may be erected to a height of not more than six feet (6') above the ground.
B. Partition Fences: Partition fences on the lot line between two (2) lots may be erected to a maximum height of six feet (6'); provided, that the excess height above four feet (4') shall not be of solid construction.
C. Interior Lots: On an interior lot, the total height of that portion of such fence between the front setback line and the front lot line shall not exceed three and one-half feet (31/2').
D. Barbed Wire; Electric Fence: The use of barbed or electric wire is prohibited.
E. Corner Lots: On corner lots, fences and other structures shall conform to the specifications as described by the sight triangle in section 11-9-1 of this title. (Ord. 177, 4-28-1982)
11-3B-1: USES:
In zone 1, residential district, class 2, there shall be permitted the same uses subject to the same restrictions and controls provided for zone 1, residential district, class 1, excepting only the erection, alteration and maintenance of public, private or parochial grade or high schools, or other educational or religious institutions other than for correctional purposes; churches, libraries, noncommercial museums, public utility substations, hospitals and sanitariums other than for the contagious or insane; multiple dwellings, apartment houses; lodging or rooming houses, clubs and mortuaries and/or funeral homes. (Ord. 130, 12-29-1975)
11-3B-2: LOT AREA:
The minimum lot area per family shall be as follows:
Single-family dwelling | 4,900 square feet |
Two-family dwelling, per family | 3,500 square feet |
Multiple-family dwellings, per family | 800 square feet |
(Ord. 130, 12-29-1975)
11-3B-3: HEIGHT; LOT COVERAGE:
Buildings within this district shall not exceed sixty feet (60') in height and shall not occupy more than seventy percent (70%) of the area of an interior lot, or eighty percent (80%) of the area of a corner lot. (Ord. 130, 12-29-1975)
11-3B-4: SETBACKS:
Any building or structure erected or to be erected within this district shall be established on the lot in conformance with the requirements as specified by the town building code and other ordinances as now or later adopted or amended. (Ord. 130, 12-29-1975)
11-3B-5: OFF STREET PARKING:
A. Multi-Family Dwellings: Off street parking space for multiple-family dwellings shall be provided as follows:
1. One space for each apartment or fraction thereof;
2. Rooming houses, one space for each two (2) rooms or fraction thereof.
B. Schools, Churches, Places Of Assembly: Off street parking spaces for schools, churches and places of public assembly hereinafter constructed shall be provided as follows:
1. Grade schools, two (2) spaces per each teacher;
2. High schools and colleges, five (5) spaces per each teacher;
3. Churches and other public assembly places, one space for each ten (10) seats. (Ord. 130, 12-29-1975)
11-3C-1: USES:
In zone 2, business district, class 1, there may be erected, altered and maintained all uses permitted in zone 1, and, in addition thereto, only the following:
Financial institutions, offices, grocery stores, drug stores, clothing stores, confectioneries, delicatessens, barber shops, beauty shops, restaurants, public buildings and printing establishments, hotels, theaters, cafes and such other similar businesses that correspond to the uses herein set forth and that are not opposed to the general intent and plan of the zoning ordinance; such other businesses to be approved by the board of adjustment. (Ord. 130, 12-29-1975)
11-3C-2: SETBACK, CHANGE FROM RESIDENTIAL TO BUSINESS:
When a lot in a residential zone is changed to a business lot in this district, any building constructed thereon must conform with the setback requirements in the residential zone. (Ord. 130, 12-29-1975)
11-3C-3: SIGNS:
Advertising signs shall also be permitted within said district. (Ord. 130, 12-29-1975)
11-3C-4: PERFORMANCE STANDARDS:
Within said zone 2, business district, no building or premises shall be used for, nor shall any buildings be erected which are arranged, maintained or designed for, any kind of trade, industry or use which is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise. (Ord. 130, 12-29-1975)
11-3C-5: OFF STREET LOADING:
Off street loading space for business establishments shall be provided as follows:
Every building hereinafter erected on a lot abutting upon any alley, unless such building also abuts on an intersecting street, shall provide a loading space for use of vehicles serving such business. Such loading space, unless adequately provided elsewhere on the lot, shall extend not less than eighteen feet (18') in depth back from the alley line along fifty percent (50%) of the alley frontage, but in no case along less than twenty five feet (25'). In lieu of the foregoing requirements, a lot fifty feet (50') or more in width may provide a loading space of not less than ten feet (10') in depth back from the alley line along the entire alley frontage. (Ord. 130, 12-29-1975)
11-3D-1: USES:
In zone 2, business district, class 2, there may be erected, altered, and maintained all uses permitted in zone 2, business district, class 1; in addition thereto only the following: grain elevators, bean elevators, and light manufacturing, and such other similar businesses that correspond to the uses herein set forth and that are not opposed to the general intent and plan of the zoning ordinance; such other businesses to be approved by the board of adjustment. (Ord. 130, 12-29-1975)
11-3D-2: PERFORMANCE STANDARDS:
Within said zone 2, business district, class 2, no building or premises shall be used for, nor shall any buildings be erected which are arranged, maintained, or designed for, any kind of trade, industry or use which will be offensive to neighboring business, residential, or mobile park areas by virtue of the emission of odor, dust, smoke, gas, noise or any chemical emissions. (Ord. 130, 12-29-1975)
11-3D-3: ADDITIONAL REGULATIONS:
Other than the above stated limitations, zone 2, business district, class 2 shall be subject to the same regulations as zone 2, business district, class 1. (Ord. 130, 12-29-1975)
11-3E-1: USES:
Zone 3, mobile home park, shall be maintained only for mobile homes of the type designed for more or less permanent abode; this to exclude the camping trailer type units, or units designed for temporary or casual abode. Mobile homes shall henceforth be located only in mobile home parks. A mobile home park shall not be used for other than residential purposes. (Ord. 130, 12-29-1975)
11-3E-2: TRACT SIZE:
The tract to be used for a mobile home park shall not be less than three (3) acres in area. (Ord. 130, 12-29-1975)
11-3E-3: LOCATION:
The park shall be located on a well drained site properly graded to ensure rapid drainage and freedom from stagnant pools of water. (Ord. 130, 12-29-1975)
11-3E-4: MAXIMUM DENSITY:
Mobile home parks hereafter approved shall have a maximum density of seven (7) mobile homes per gross acre and a minimum area of three thousand six hundred (3,600) square feet shall be provided for each mobile home space. Each mobile home space shall be at least forty feet (40') wide and be clearly defined. (Ord. 130, 12-29-1975)
11-3E-5: SETBACKS:
Mobile homes shall be located on each space so as to maintain a setback of no less than twenty feet (20') from any public street or highway right of way. Mobile homes shall maintain a setback of no less than ten feet (10') from the edge of a park, roadway, or sidewalk or a rear boundary line when such boundary line is not common to any public street or highway right of way, and as to maintain a setback of no less than five feet (5') from any side boundary line of a mobile home space. No mobile home shall be located closer than twenty five feet (25') from any building within the park. (Ord. 130, 12-29-1975)
11-3E-6: ROADWAYS:
A. Width: All mobile home spaces shall front upon a private roadway of not less than twenty four feet (24') in width, if no on street parking is permitted. If on street parking is to be permitted, eight (8) extra feet of roadway shall be provided for each side that parking shall be permitted on.
B. Specifications: All roadways within the mobile home parks shall be graveled with curb and gutter. (Ord. 130, 12-29-1975)
11-3E-7: COMMON WALKS:
Common walks not less than three feet (3') in width and four inches (4") thick shall be provided in locations where pedestrian traffic is concentrated and in all cases along space fronts. (Ord. 130, 12-29-1975)
11-3E-8: MOBILE HOME SUBDIVISIONS:
Mobile home subdivisions shall be subject to the same regulations as mobile home parks but, whereas mobile home parks shall be limited to one ownership, mobile home subdivisions shall allow the purchasing of lots by private parties for individual mobile homes. (Ord. 130, 12-29-1975)
11-3F-1: USES:
In zone 4, industrial district, there may be erected, altered and maintained only those uses permitted in zone 2, business district, class 2; and, in addition thereto, the following: heavy manufacturing and industry, industrial and municipal landfill, water treatment facilities, wastewater and sewer treatment facilities, and such other similar businesses or facilities that correspond to the uses set forth herein as may be approved by the board of adjustment. (Ord. 200, 11-7-1984)
11-3F-2: RESIDENTIAL DWELLINGS:
Within zone 4, industrial district, no permanent residential dwellings shall be erected or maintained. (Ord. 200, 11-7-1984)