For the purpose of this article, the city is divided into eight districts as follows:

(Ord. No. 256(A), art. V, § 51, 1-22-1981)

The districts are bounded and defined as shown on a map entitled, "Zoning Map of Miner, Missouri" and the map and all its notations, references, and other information shown thereon shall be as much a part of this article as if the notations, references, and other matters set forth by the map were all fully described herein. Where uncertainty exists as to the boundaries of the districts as shown on the zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerline of streets, highways, alleys or other public rights-of-way shall be construed to be the boundary.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed to be the boundary.

(3)

Boundaries that divide a lot or parcel of property, location of any such boundary shall be determined by the use of the scale appearing on such map.

(Ord. No. 256(A), art. V, § 52, 1-22-1981)

Except as hereafter provided, no building or land shall hereafter be used or occupied, and no building nor part thereof shall be erected, converted, enlarged, reconstructed, or structurally altered which does not comply with all the district regulations established by this article for the district in which the building or land is located.

(Ord. No. 256(A), art. VI, § 61, 1-22-1981)

The continuance of nonconforming uses or structures shall be subject to the following limitations:

(1)

Continuation. The use of any land or structure existing at the time of the enactment of the ordinance from which this article is derived may be continued even though such use may not conform with the regulations of this article for the district in which it is located. With special permission of the planning and zoning commission and zoning board of adjustment, any nonconforming use in existence at the time of the enactment of the ordinance from which this article is derived may continue as the use of right, exercising all privileges of this article pertaining to the use district in which it would normally be included, with the exception of subsections (2)c. and (3) of this section

(2)

Restoration. Ordinary repairs, alterations or modernization may be made to any structure or portion thereof devoted to a nonconforming use, provided that:

a.

No structural alterations may be made to such structure except those required by the law or other regulations.

b.

No nonconforming use is extended or enlarged.

c.

A structure that is devoted to a nonconforming use which is destroyed or damaged in any manner or from any cause whatsoever, to the extent that the cost of restoration to the condition it was before the occurrence shall exceed 50 percent of the cost of reconstructing the entire structure, shall not be restored unless such structure when restored shall comply with all provisions of this article.

(3)

Abandonment. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished and any subsequent use shall be in conformity with the provisions of this article.

(4)

Substitution. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

(Ord. No. 256(A), art. VI, § 62, 1-22-1981)

No lot shall contain any building used in whole or in part for any purpose unless such lot abuts for at least 20 feet on at least one street, or unless it has an exclusive, unobstructed private easement of access or right-of-way of at least 20 feet wide to a street; and there shall not be more than one single-family dwelling or one nonresidential land use for such frontage or easement.

(Ord. No. 256(A), art. VI, § 63, 1-22-1981)

No accessory buildings shall be erected in any required park or in any yard other than a rear yard except as provided hereinafter. Accessory buildings shall be at least two feet in distance from alley lines and from lot lines of adjoining lots which are in residential R districts, and on a corner lot they shall conform to the setback regulation of the principal building, or at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements for the principal building are complied with. An accessory building which is not part of the main building shall not occupy more than 30 percent of the rear yard and shall not exceed 12 feet in height; however, this regulation shall not be interpreted to prohibit the construction of a garage with maximum size of 440 square feet on a minimum rear yard.

(Ord. No. 256(A), art. VI, § 64, 1-22-1981)

For corner lots platted or of record after the effective date of the ordinance from which this article is derived, the front yard regulations shall apply to each street side of the corner lot. The rear yard requirements for a corner lot shall apply to the open space adjacent to the two lot lines that do not front upon a street. On corner lots platted or of record prior to the official date of the enactment of this article, the side yard regulations shall apply to the longer street side of the lot except in the case of reverse frontage where the corner lot faces an intersecting street. In this case, there shall be a side yard on the longer street side of the corner lot of not less than 50 percent of the front yard required on the lots to the rear of such corner lots, and no accessory building or the corner lot shall project beyond the setback line of the lots in the rear; provided further, that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street and of record or as shown by existing contract of purchase prior to the official date of the enactment of the ordinance from which this article is derived to less than 28 feet nor to prohibit the erection of an accessory building.

(Ord. No. 256(A), art. VI, § 65, 1-22-1981)

No yard shall be reduced in area so as to make any yard or any other open space less than the minimum required by this article. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this article shall be included as part of a yard or other open space required under this article for another building or structure.

(Ord. No. 256(A), art. VI, § 66, 1-22-1981)

Along any zoning boundary line in the less restricted district, any abutting side yard, rear yard or park, unless subject to greater restrictions or requirements stipulated by other provisions of this article, shall have a minimum width and depth equal to the average of the required minimum width or depth for such side yards, rear yards or parks in the two districts on either side of such zoning boundary line. In cases where the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum depth or width of the side yard, rear yard or court for such structure shall be determined by increasing the minimum width or depth for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in the more restricted district.

(Ord. No. 256(A), art. VI, § 67, 1-22-1981)

(a)

Creating a front yard or side street yard line. Whenever the plat of a land subdivision approved by the planning and zoning commission and on record in the office of the county recorder shows a setback building line along the frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this article unless specific yard requirements in this article require a greater setback.

(b)

Zoning districts dividing property. Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the others in respective zoning classification and for the purpose of applying the regulations of this article, each portion shall be considered as if in separate and different ownership.

(Ord. No. 256(A), art. VI, § 68, 1-22-1981)

(a)

In the event that new territory becomes a part of the area of jurisdiction of this article by reason of annexation, consolidation or detachment from any municipal corporation or otherwise, such territory shall automatically be classified as an A-1 district, until and unless otherwise rezoned in accordance with the amendment proceedings hereof; provided, however, that any zoning classification in effect prior to such annexation or other extension of jurisdiction shall remain in full force and effect until changed or amended in accordance with the procedures and requirements proscribed for such change or amendment by this article.

(b)

Territory not included. In case any territory subject to the jurisdiction of this article has not been specifically included in any of the districts, such territory shall automatically be classified as an A-1 district, until or unless otherwise rezoned in accordance with the amendment proceedings hereof; provided, however, that any zoning classification in effect prior to the enactment of the ordinance from which this article is derived shall remain in full force and effect until changed or amended in accordance with the procedures and requirements proscribed for such changes or amendments by this article.

(Ord. No. 256(A), art. VI, § 69, 1-22-1981)

All regulations concerning the height of buildings; lot area; lot width; front yard, side yard and rear yard dimensions; off-street parking and off-street loading in all zoning districts shall be as stated in the following table unless otherwise stated more restrictively in other sections of this article.

TABLE I
ZONING DISTRICT AREA REGULATIONS

^* See subsection (1), (2) or (3) of this section for appropriate requirements.

(1)

Front yard transition. When this district abuts a residential district along a street line, there shall be provided for any development or structure a distance of 50 feet from the district boundary line into the district plus a front yard equal in depth to one-half of the required front yard for such residence district.

(2)

Side and rear yard transition. On every lot in the required district that abuts directly a residence district, there shall be provided side and rear yards equal to that in the abutting residence district or of suitable dimensions to provide for adequate circulation of light, air and traffic as the district may require.

(3)

Transition yard requirements. When this district abuts in the rear or on the sides of any R-district, the rear yard or side yard requirements, whichever the case may be, of any building or structure on the premises of this district shall be set back from its side or rear lot line, whichever the case may be, a distance of two linear feet for each one foot of building or structure height; this will then determine the minimum yard requirements, except as otherwise provided herein.

(Ord. No. 256(A), art. VIII, § 81, 1-22-1981)

(a)

Lots of record.

(1)

Dwelling on any lot of record. In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this article, irrespective of its area or width, provided the applicable yard and other open space requirements are complied with as nearly as possible.

(2)

Minimum yards. In no case shall the width of any side yard be less than ten percent of the width of the lot, and provided; that on a corner lot, the width of the side yard adjoining the side street lot line shall not be less than eight feet or 30 percent of the frontage, whichever is the greater. In no case shall the depth of the rear yard be less than ten feet. Front, side or rear yard encroachments as specified in subsection (d) of this section shall be prohibited in the case of substandard lots of record and the yard width of such lots shall be measured from the edge of any projection or overhang to the lot line.

(b)

Height modifications.

(1)

Height limitations not applicable. The height limitations stipulated elsewhere in this article shall not apply to the following:

a.

Farm buildings, architectural features, etc. Barns, silos, or other farm buildings or structures on farms; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; to parapet walls extending not more than four feet above the limiting height of the building.

b.

Places of public assembly. Places of public assembly in churches, schools and other permitted public and semi-public buildings, provided that these are located on the first floor of such buildings and provided that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

c.

Elevator penthouses, water tanks, etc. Elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds 50 percent of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.

(2)

Minimum requirements. All such structures above the heights otherwise permitted in the district shall not occupy more than 25 percent of the area of the lot and shall be distant not less than 50 feet in all parts from every lot line not a street lot line.

(c)

Yard and frontage modifications in residence districts.

(1)

Average depth of front yards. In any R-district, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this article, the required depth of the front yard on such lot shall be modified. In such cases, this shall not be less than the average depth of the existing front yards on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on any lot shall be at least ten feet and need not exceed 50 feet; and provided further that in no event shall the depth of a front yard of a corner lot be less than 25 feet.

(2)

Double frontage lots. Buildings on lots having frontage on two non-intersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided, however, on both streets.

(3)

Rear and side yards; how computed. In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, in no event shall any building or structure be erected closer than five feet from any lot line.

(4)

Side yard increased. Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds 40 feet.

(5)

Side yard; corner lot. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R-district, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.

(6)

Frontage modifications. In the case of curvilinear streets and cul-de-sacs, the board may authorize reductions of the otherwise specified lot frontage in R-districts, provided that:

a.

The lot width measured at the building line shall equal the frontage required in the district where located;

b.

The front lot line shall be not less than 40 feet in any event; and

c.

Such reduction of frontage shall not result in a reduction of the required lot area.

(d)

Yard projections in R-districts.

(1)

Architectural features. Certain architectural features may project into required yards or courts as follows:

a.

Cornices, canopies, eaves or other architectural features, may project a distance not exceeding two feet, six inches.

b.

Fire escapes may project a distance not exceeding four feet, six inches.

c.

An uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.

d.

Bay windows, balconies, uncovered porches and chimneys may project a distance not exceeding three feet provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(2)

Interior side yards. Subject to the limitations in this subsection (d) of this section , the above-named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of such side yard, but not exceeding three feet in any case.

(3)

Rear yards. Subject to the limitations in this subsection (d) of this section , the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard.

(4)

Fences, walls and hedges. Fences, walls and hedges may be located in required yards as follows:

a.

Under four feet. If not exceeding at any point four feet in height above the elevation of the surface of the ground at such point, such may be located in any yard.

b.

Under six feet. If not exceeding at any point six feet in height above the elevation of the surface of the ground at such point, they may be located in any required rear yard or side yard, provided that on a corner lot, abutting in the rear the side lot line of another lot in an R-district, no such fence, wall or hedge within 25 feet of the common lot line shall be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street.

c.

Barbed-wire fence. All fences or walls having wire or metal prongs or spikes or cutting points or edges of any kind whatsoever shall be prohibited.

(5)

Lot area requirements; private sanitary facilities. Any other regulations of this article notwithstanding, in any district, except A-1, where public water and sanitary facilities are not accessible, the lot area per family and lot frontage requirements otherwise specified for residential uses shall be increased as follows:

a.

Sewerage or water not available. Where public sewerage or public water supply are not accessible, wells and sewerage disposal systems shall be installed in strict accordance with state division of public health, soil conservation service, and water pollution board specifications. On-site percolation test results, site gradient, and subsurface geology shall directly affect the type, design, and method of installation of those systems.

b.

A-1 district standards prevail. Where public water supply and sewerage are accessible in the A-1 district, the lot area and frontage requirements specified for an A-1 district shall still apply as set forth in section 44-59.

(Ord. No. 256(A), art. VIII, § 82, 1-22-1981)

A medical marijuana cultivation facility, a medical marijuana dispensary facility, a medical marijuana-infused products manufacturing facility, or a medical marijuana testing facility may not be located within 1,000 feet of a previously existing state-licensed daycare, church, or public or private school measured the shortest straight line distance from building to building.

(Ord. No. 1281, § 6, 8-12-2019)

The A-1 Agricultural District is designed to prevent haphazard development in areas set aside under the comprehensive plan as reserved for future orderly urban development.

(1)

Permitted uses.

a.

Agriculture, horticulture, nurseries, greenhouses, orchards, general farming and dairy operations.

b.

Wildlife areas, open space, country clubs, regional or county recreational areas, and other such pastoral uses.

c.

Riding stables and riding paths provided the stables shall be located not less than 100 feet from any property line.

d.

Fur farming, for the raising of fur bearing animals providing buildings and pens shall be located not less than 100 feet from any property line.

e.

Kennels, provided that buildings and pens shall be located not less than 200 feet from any property lines; and fish hatcheries, apiaries and aviaries.

f.

Agricultural accessory uses, including repair shops, sheds, garages, barns, silos, bunkhouses, incidental dwellings, buildings and structures commonly required for any of the above uses.

g.

Rural non-farm single-family dwellings are permitted on lots or other parcels of property ownerships of 2½ acres or more.

(2)

Permitted accessory uses.

a.

Any building or structure customarily incidental to any of the permitted uses.

b.

Temporary produce stands on any premises used for agricultural purposes.

c.

Parking facilities, garages, car ports, or other parking spaces for the exclusive use of residences on the premises.

d.

Swimming pools exclusively for the use of the residents.

e.

Professional offices such as artists, lawyers, doctors, engineers, etc., but not including beauty parlors, barber shops, schools of any kind with organized classes or similar activity.

f.

Customary home occupations such as handicrafts, dressmaking, millinery, preserving and home cooking provided that such occupations shall be conducted exclusively by resident occupants.

g.

Summer houses and living quarters, used by persons employed on the premises, without kitchen facilities and not rented or otherwise used as a separate dwelling.

h.

Nurseries and greenhouses, for growing or propagation of plants, turf, trees, and shrubs, including medical marijuana cultivation facility.

(3)

Area regulations. In District A-1, all regulations concerning the height of building; lot area; lot width; front yard, side yard and rear yard dimensions; off-street parking; and off-street loading permitted on any lot shall be as shown in section 44-34 unless otherwise stated more restrictively in other sections of this article.

(Ord. No. 256(A), art. VII, § 71, 1-22-1981; Ord. No. 1281, § 2, 8-12-2019)

The R-1 district is intended and designed to provide for low density residential development. This district is designed to protect residential areas now developed with single-family detached dwellings and adjoining vacant areas likely to be developed for such purposes. The regulations are designed to stabilize such areas and to promote a suitable environment for family life. For these reasons, the following regulations shall apply:

(1)

Permitted uses.

a.

One-family detached dwellings.

b.

Public elementary schools and nursery schools.

c.

Public secondary schools located on major thoroughfares.

d.

Private and parochial schools on property which abuts on major thoroughfares.

e.

Public, private or country club golf courses of not less than 40 acres.

f.

Customary accessory buildings.

g.

Public parks, playgrounds, swimming pools, community centers, athletic fields and recreation buildings therein.

h.

Temporary buildings to house offices, equipment storage, or other functions incidental to construction and development activities, provided that such buildings shall be removed within 11 months from date of permit for their erection.

i.

Fire stations only on major thoroughfares.

j.

Electric substations, natural gas regulator stations, and public utility pumping stations and devices for the metering of electrical gas or water services to dwellings.

k.

House trailers or other manufactured homes for a period not to exceed 72 hours.

l.

Funeral homes on property with all points of access and egress on major streets.

m.

Agricultural uses, including nurseries, truck gardening and greenhouses, provided that no offensive odors or dust are created, and provided further that no retail sales shall be permitted on the premises nor the raising of livestock.

(2)

Permitted accessory uses.

a.

Private garage or carport.

b.

Temporary buildings for use during the construction of a specific permitted use which upon completion or abandonment of the construction work shall be removed.

c.

One sign not exceeding 36 square feet of an area referring to the construction, lease, hire, or sale of a building, premises, or subdivision lot which sign shall refer to property on which the sign is located and shall be removed as soon as the premises are sold or leased or construction is completed.

d.

The professional office or studio in the residence of an architect, artist, dentist, engineer, lawyer, physician, planner, scientist, teacher, or other member of a recognized profession, but not including beauty parlors, barber shops, schools of any kind with organized classes or similar activity except pre-school nurseries, provided that not more than one-half of the floor area of one floor of the dwelling is devoted to such accessory use, that not more than one person not a resident of the premise is employed, that no such use shall require structural alterations or involve construction features not customarily in dwellings, and that the entrance to such offices or studio shall be from within the dwelling. An unlighted name plate of not more than one square foot in area, attached flat against the building, shall be permitted.

e.

Customary home occupations such as handicraft, dressmaking, millinery, laundry, preserving and home cooking; beauty parlors and barber shops; provided that such occupations shall be conducted exclusively by a resident occupant, that not more than one-quarter of the area of one floor of the residence shall be used for such purposes, that no structural alterations or constructions involving features not customarily found in dwellings are required, and that the entrance to the space devoted to such use shall be from within the dwelling. An unlighted sign of not more than one square foot in area and attached flat against the building shall be permitted.

(3)

Area regulations. In District R-1, all regulations concerning the height of building; lot area; lot width; front yard, side yard and rear yard dimensions; off-street parking; and off-street loading permitted on any lot shall be as shown in section 44-34 unless otherwise stated more restrictively in other sections of this article.

(Ord. No. 256(A), art. VII, § 72, 1-22-1981; Ord. No. 434, § 1, 5-17-1996)

The R-2 Multiple-Family Residence District is designed to allow a high density residential development designed specifically for duplexes or single-family dwellings in clusters or groups, commonly referred to as "row houses" or "city houses."

(1)

Permitted uses.

a.

All uses in the R-1 Residence District.

b.

Duplex dwelling units.

c.

Single-family dwelling groups or clusters that do not collectively exceed the total area regulations of this section.

d.

Multiple-family dwellings for any number of families or housekeeping units including row houses, provided that the minimum width of each individual dwelling unit in any row house measured from interior wall to interior wall along the exterior front wall shall not be less than 18 feet.

e.

Offices, professional offices and offices of financial, insurance, real estate, civic, educational, religious and philanthropic organization for single and multiple occupancy, but excluding any display of merchandise or retail activity, barber shops, beauty parlors, and schools of any kind with organized classes and similar activity. All buildings shall be bona fide home office buildings with the exception that any person may maintain an office or may carry on a customary home occupation in the dwelling used by him as his private residence provided such does not provide an extension or modification of the dwelling which will alter its outward appearance as a dwelling and provided such use does not involve any outward evidence of such use other than an unlighted sign not over one square foot in area attached flat against the building.

f.

Funeral homes and mortuaries only on premises which front on a street officially designated as a major thoroughfare on the official thoroughfare plan.

g.

Clubs, sororities, fraternities, lodges and meeting places for other organizations not including any use that is customarily conducted as a gainful business.

h.

Institutional uses to include hospitals for human care, sanitariums, rest homes, or nursing homes for convalescent patients, children's nurseries and similar uses provided that any lot or tract of land in such use shall be not less than 20,000 square feet in area and provided that any building in which patients are housed shall be at least 50 feet from any lot line and provided that buildings that are used for drug addicts, the feeble-minded or insane shall be at least 250 feet in distance from any lot line in the R-2 district.

(2)

Permitted accessory uses.

a.

Any accessory use or structure permitted and as regulated in the R-1 district and any accessory use or structure customarily incident or accessory to a principal or conditional use in the R-2 district.

b.

Roomers not to exceed four roomers or boarders by resident family.

(3)

Area regulations. The minimum lot area in District R-2 shall provide 7,000 square feet for single-family detached units, 3,000 square feet for each unit in a two-family structure and 3,000 square feet for each unit in a multifamily structure.

(Ord. No. 256(A), art. VII, § 73, 1-22-1981; Ord. No. 703, 1-12-1999)

The C-1 General Business District is designed primarily to accommodate those business districts and retail centers which are not designed according to an overall plan or are not under a single entity. The C-1 Central Business District is an example of the type of commercial activity normally associated with the C-1 district. The C-1 district should provide for a variety of retail activities and could act as a banking and financial center, as an entertainment and hotel center, or as a center for professional and business offices.

(1)

Permitted uses.

a.

Grocery stores, supermarkets.

b.

Drugstores and medical prescriptions centers, including medical marijuana dispensary facility.

c.

Clothing or wearing apparel shops.

d.

Barber shops.

e.

Beauty shops.

f.

Restaurants.

g.

Shoe repair shops.

h.

Public and private parking lots.

i.

Offices.

j.

Appliance stores.

k.

Banks and saving and loan companies.

l.

Laundry and dry cleaning pick-up stations.

m.

Bakeries whose products are sold at retail on the premises.

n.

Self-service laundries.

o.

Gasoline service stations and repair and service of automobiles.

p.

Stores or shops for the conducting of a convenience type retail business.

q.

Any other retail use.

r.

Hotels.

s.

Theatres.

t.

Bowling alleys.

u.

Bus terminal facilities.

v.

Post offices.

w.

Other retail and service establishments to include mail order houses, used merchandise stores, roadside stands, funeral homes and mortuaries, and similar uses.

x.

Wholesale and warehousing establishments.

y.

Trade or business schools provided that the machinery used for instruction is not objectionable due to noises, fumes, smoke, odor or vibration.

z.

Commercial art studios, animal hospitals, veterinary clinics.

aa.

Commercial recreation establishments provided such establishments shall be at least 100 feet from any R-district.

bb.

Bottling works of soft drinks or milk, provided buildings used for processing and distribution shall be at least 200 feet from any R-district.

cc.

Parking lots.

dd.

Building and related trades, shops, not including contractor's yards, providing such establishments are at least 100 feet from any R-district.

ee.

Miscellaneous trades and businesses such as sheet metal shops, sign paint shops, monument service shops, providing such establishments are at least 100 feet from any R-district.

ff.

Contractor's yards and related establishments, such as building material yards, excluding concrete mixing; including contractor's equipment, storage yard or plant, storage yards for rental of equipment commonly used by contractors; trucking or motor freight stations or terminals; retail lumber yards, including incidental millwork; storage and sales of grain, livestock feed or fuel; carting, express or hauling establishments, including storage of vehicles, provided such uses are conducted either:

1.

Wholly within a completely enclosed building or buildings, except for storage of vehicles, which building shall be at least 100 feet in distance from any R-district, unless such building has no openings other than stationary windows and required fire exits within such distance, but not within 50 feet of any R-district in any case; or

2.

When conducted within an area completely enclosed on all sides with a solid wall or uniformly painted solid board fence not less than six feet high, but not within 200 feet of any R-district; provided further that all storage yards related to the uses in this subsection shall be enclosed.

All the uses included within this subsection are not applicable to C-1 Business Districts in the Central Business District unless specifically approved by the planning and zoning commission.

gg.

Printing, publishing, and related trades when not within 100 feet of any R-district.

hh.

Any other use which is determined by the planning and zoning commission to be of the same general character as the above permitted uses, but not including any use which is first permitted in the I-1 district or which is prohibited in the R-1 district.

ii.

Institutional uses to include hospitals for human care, sanitariums, rest homes, or nursing homes for convalescent patients, children's nurseries and similar uses provided that any lot or tract of land in such use shall be not less than 20,000 square feet in area and provide that any building be at least 50 feet distant from any lot line and provided that buildings that are used for drug addicts, feeble minded or insane shall be at least 250 feet distance from any lot line in the commercial district.

(2)

Permitted accessory uses.

a.

Accessory uses in structures customarily accessory to and incidental to any of the foregoing permitted C-1 district uses.

b.

Outdoor advertising for service stations or parking lots and other predominantly open commercial land uses to the extent that it will include one free standing identification sign not to exceed 20 feet in height. Such sign shall set back not less than 12 feet from any right-of-way line and shall not project over any such right-of-way.

c.

Residential uses in multi-story buildings that are in existence and have operated as residential establishments prior to the enactment of the ordinance from which this article is derived, and only then when specifically authorized by the zoning administration officer, in compliance with the provisions of division 2 of article III of this chapter.

(3)

Excluded uses.

a.

Use for residential dwelling purposes.

b.

Industrial uses of all types.

(4)

Area regulations. In District C-1, all regulations concerning the height of buildings; lot area; lot width; front yard, side yard and rear yard dimensions; off-street parking; and off-street loading permitted on any lot shall be as shown in section 44-34 unless otherwise stated more restrictively in other sections of this article.

(Ord. No. 256(A), art. VII, § 74, 1-22-1981; Ord. No. 1157, § 2, 9-20-2016; Ord. No. 1281, § 3, 8-12-2019)

It is the purpose of the C-2 district to encourage the functional grouping of those commercial enterprises catering primarily to either "local" or "through" highway travelers and to prevent therein location of other uses incompatible with these.

(1)

Permitted uses.

a.

Motels and motor-hotels in conformance with section 44-66.

b.

Restaurants and drive-in eating and drinking establishments provided that the premises shall be enclosed by a solid wall or fence at least six feet high where it abuts in the rear or beside any R-district, public park, church, or school.

c.

Automotive services, external truck washing and automatic car washing establishments.

d.

General retail uses, such as groceries, delicatessens, gift shops.

e.

Drive-in theatres with a minimum lot area of ten acres and with special permission from the planning and zoning commission.

f.

Circus and amusement parks, only with special permission from the planning and zoning commission.

g.

Gun clubs and rifle ranges not less than 200 feet from any R-district only with special permission from the planning and zoning commission.

h.

Race courses, of any kind, including horse racing and automobile racing only with special permission of the planning and zoning commission and not less than 2,000 feet from any R-district.

i.

Stadiums, arenas, and other places of assembly.

j.

Drugstores and medical prescriptions centers, including medical marijuana dispensary facility.

(2)

Permitted accessory uses. Any accessory use or structure customarily accessory and incidental to any of the foregoing permitted C-2 district uses.

(3)

Area regulations. In District C-2, all regulations concerning the height of buildings; lot area; lot width; front yard, side yard and rear yard dimensions; off-street parking; and off-street loading permitted on any lot shall be as shown in section 44-34 unless otherwise stated more restrictively in other sections of this article.

(Ord. No. 256(A), art. VII, § 75, 1-22-1981; Ord. No. 345, 2-4-1986; Ord. No. 1281, § 4, 8-12-2019)

The I-1 Industrial District is intended to provide sites for heavy commercial and light industrial activities requiring some heavy machinery, which, under control, would minimize the effect on nearby residential districts. New dwellings are not permitted. Heavy truck traffic, loading and unloading operations are expected to be a part of this district.

(1)

Permitted uses.

a.

Truck terminals.

b.

Cold storage structures.

c.

Wholesale establishments.

d.

Warehouses and grain storage.

e.

Laundries and dry cleaning establishments.

f.

Trade shops, such as plumbing and electrical shops.

g.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including electroplating and manufacture of small parts only, such as coils, condensers, transformers, crystal holders.

h.

Assembly of agricultural or farm implements, aircraft and aircraft parts, automobile, trucks, RVs and motorcycles.

i.

Boat manufacture.

j.

Printing and publishing plants.

k.

Bottling plants.

l.

Only those retail commercial establishments which are a necessary convenience to the industries and their employees, such as restaurants.

m.

Living quarters for bona fide caretakers or watchmen and their families. All other dwelling or living quarters are expressly prohibited.

n.

Blacksmith shops, welding shops, and machine shops.

o.

Ice manufacturing plants.

p.

Lumber yards.

q.

Manufacture and maintenance of electric and neon signs, billboards, commercial advertising structures, light sheet metal products, including heating ventilating ducts and equipment, cornices, eaves, and similar products.

r.

Manufacture, compounding, processing, packaging to treatment of such products as bakery goods, candy, cosmetics, dairy products, gelatin, perfumes, pharmaceuticals, toiletries, and food products, except the following: fish and meat products, sauerkraut, vinegar, yeast, and the rendering or refining of fats and oils.

s.

Manufacture of musical instruments, toys, novelties, and rubber or metal stamps.

t.

Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

u.

Stonework.

v.

Tinsmith and roofing service.

w.

Public utility buildings and major structures, including radio and television broadcasting stations.

x.

Industrial research laboratories.

y.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

z.

Automobile and truck service stations.

aa.

Any other use which is determined by the planning and zoning commission to be of the same general character as the above permitted uses.

bb.

Any use permitted and regulated in the C-1 or C-2 Commercial Districts, except as herein prohibited or modified.

cc.

Drugstores and medical prescriptions centers, including medical marijuana dispensary facility.

dd.

The manufacture, compounding, processing, packaging, or storage of such goods, materials, and products as the following:

1.

Food products, including beverage blending or bottling, bakery products, candy manufacture, ice and dairy products, fruit and vegetable processing and canning, packing and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.

2.

Articles made from previously prepared materials, such as bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stone, shells, textiles, wax, wire, yarns, and the like.

3.

Musical instruments, toys, novelties, rubber or metal stamps, and other small, molded products.

4.

Medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility.

(2)

Permitted conditional uses. The following manufacturing uses shall be permitted only if specifically authorized by the planning and zoning commission:

a.

Acetyline manufacturing in excess of 15 pounds pressure per square inch.

b.

Acid manufacture.

c.

Asbestos manufacturing.

d.

Automobile or truck assembly.

e.

Bleaching, cleaning and dyeing plants.

f.

Boiler shops, including repair, metal working shops employing reciprocating hammers or presses.

g.

Brewing or distilling of liquors.

h.

Brick, potter, tile and tera cotta manufacturing.

i.

Bulk stations.

j.

Candle or sperm oil manufacturing.

k.

Cooperage works.

l.

Destrine, starch or glucose manufacturing.

m.

Disinfectant, insecticide or poison manufacturing.

n.

Enameling, lacquering or japanning; varnishing.

o.

Emery cloth or sandpaper manufacturing.

p.

Felt manufacturing.

q.

Fish products.

r.

Flour or grain mills.

s.

Forge or foundry works.

t.

Grain drying or poultry feed manufacturing, from refuse, mash or grain.

u.

Hair or hair products manufacturing.

v.

Incinerators.

w.

Jet engine manufacturing or testing.

x.

Lime or lime products manufacturing.

y.

Linoleum, oil cloth or oiled goods manufacturing.

z.

Match manufacturing.

aa.

Meat packing.

bb.

Paper and pulp manufacturing.

cc.

Perfume manufacturing.

dd.

Pickle, sauerkraut, vinegar or yeast manufacturing.

ee.

Plaster manufacturing.

ff.

Poultry slaughterhouses, including packing and storage for wholesale.

gg.

Printing ink manufacturing.

hh.

Radium extraction.

ii.

Sandblasting or cutting.

jj.

Sawmills, the manufacture of excelsior, wood fiber or sawdust products.

kk.

Shoddy manufacturing.

ll.

Shoe blacking or polish or stove polish manufacturing.

mm.

Steam power plants, except where accessory to a permitted principal use.

nn.

Stone and monument works.

oo.

Slag piles.

pp.

Other uses which in the opinion of the planning and zoning commission and board are of similar character with respect to the emission of dangerous and offensive elements to the uses listed above.

(3)

Prohibited uses.

a.

Dwelling and residences of any kind except where they are incidental to a permitted principal use; provided, however, that any of the uses legally existing in the I-1 district at the time of the adoption of the ordinance from which this article is derived, or any amendment thereto, shall not be classified as a nonconforming use as defined in article I of this chapter, and be subject to the provisions of section 44-26.

b.

Retail businesses and personal service establishments except when incidental and accessory to a permitted principal use and except automobile and truck service stations, restaurants and motels.

(4)

Area regulations. In District I-1, all regulations concerning the height of buildings; lot area; lot width; front yard, side yard and rear yard dimensions; off-street parking; and off-street loading permitted on any lot shall be as shown in section 44-34 unless otherwise stated more restrictively in other sections of this article.

(Ord. No. 256(A), art. VII, § 76, 1-22-1981; Ord. No. 1281, § 5, 8-12-2019)

All buildings and land within an F-1 Zoning District shall be limited to the following uses:

(1)

The growing of agricultural crops and nursery stock and gardening.

(2)

The keeping of agricultural livestock in accordance with the municipal ordinance relating thereto.

(3)

Public recreations.

(4)

No building shall be erected, converted, or enlarged on any parcel of land without the approval of the zoning inspector.

(Ord. No. 256(A), art. VII, § 77, 1-22-1981)

(a)

General requirements. The zoning board of adjustment may authorize establishment of an RV park in accordance with the provisions of this article. The sanitary regulations prescribed by the authority having jurisdiction, and as may be otherwise required by law, shall be complied with, in addition to the following regulations:

(1)

Area and yard requirements. RV or manufactured home parks, motels and camps shall comply with all the area and yard requirements prescribed in subsection (d) of this section .

(2)

Parking. All areas used for automobile access and parking shall comply with the applicable provisions of this article, provided that there shall be at least one off-street parking space for each RV park lot and one additional space for each four such lots to accommodate guests.

(3)

Entrance to RV parks. No vehicular entrance to or exit from any RV park, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.

(4)

Landscaping; unused areas. All areas not used for access, parking, circulation, buildings and service shall be completely and permanently landscaped and the entire site maintained in good condition. A landscaped strip of land not less than ten feet in width, shall be established and maintained within the RV park along its exterior boundaries.

(5)

Enclosure. RV parks shall be enclosed on the sides and in the rear by appropriate privacy fences, not less than six feet high, or by a combination of landscaped screens and other suitable fences acceptable to the board.

(b)

Enlargement; permit. Any enlargement or extension to any existing tourist camp, RV campground or manufactured home park, shall require application for a zoning certificate, as if it were a new establishment.

(1)

Enlargement; existing facilities to comply. No enlargements or extensions to any tourist camp, RV campground or manufactured home park shall be permitted unless the existing facility is made to conform substantially with all the requirements for new construction for such an establishment.

(2)

Recreational vehicles. Except as provided in subsection (b)(3) of this section parking of an unoccupied RV in an accessory private garage building, or in a rear yard shall be permitted in any district, provided no living quarters shall be maintained or any business conducted in such RV while so parked or stored.

Exceptions also include seasonal or temporary parking and usage of campers or motorhomes during seasonal events, including but not limited to, fireworks sales and watermelon sales seasons provided that the camper, motor home, or trailer is hooked up to water and sewer services or portable sanitation facilities are provided. The temporary usage or parking may not exceed 60 days.

(3)

Emergency parking; eight hours. Emergency or temporary stopping or parking of an RV shall be permitted on any street, alley or highway for not longer than eight hours, subject to any other and further prohibitions, regulations, or limitations imposed by the traffic and parking regulations or ordinances for such street, alley or highway.

(4)

Wheels not to be removed. In any district, the wheels or any similar transporting devices of any RV or campground car, shall not be removed except for repairs, nor shall any RV or campground car be otherwise permanently fixed to the ground in a manner that would prevent removal of the RV or campground car.

(c)

RV parks; submission of plans. An application for the establishment of a RV park shall be filed with the zoning inspector and must be accompanied by a plat, drawn to scale and certified by a bona fide land surveyor, civil engineer, landscape architect or architect. The zoning inspector shall check the plat, and if he finds the same to be in compliance with the requirements of this section, forward the same to the zoning board of adjustment. The zoning inspector shall also advise the planning and zoning commission of the pending application and the planning and zoning commission shall review the same and submit its recommendation thereon to the zoning board of adjustment. The board shall hold a public hearing on the application, giving ten days' notice thereof in a newspaper of general circulation. Upon completion of the hearing, the board shall approve, conditionally approve, or deny the application. The plat shall contain the following information:

(1)

Accurate dimensions of the proposed RV park;

(2)

All roads and approaches and the method of ingress and egress from public highways;

(3)

The complete electric service installation wire service outlets and lighting facilities;

(4)

The complete location of any natural gas facilities to serve the RV park;

(5)

A complete layout of unit parking spaces and the number of square feet therein, together with the dimensions thereof; and

(6)

The location of electric power or gas distribution systems, water mains or wells for water supply outlets for domestic water users, location of sanitary facilities: washrooms, garbage disposal units, incinerators, sanitary sewers or septic tanks, sewer drain lines, leeching beds, fire protection stalls, and other buildings or structures contemplated to be used by such applicant in connection with the business.

(d)

RV parks; minimum standards and requirements. RV parks shall be designed and maintained in accordance with the following requirements:

(1)

Park area. The minimum RV park area shall be one acre.

(2)

Lot area. The minimum lot area per RV unit site within the RV park shall be 2,500 square feet. (See subsection (a)(1) of this section.)

(3)

Lot width. The minimum lot width per RV unit within the RV park shall be 30 feet. Each lot shall be clearly defined by a permanent marker in the ground.

(4)

Access. Each RV park shall abut upon a public street and each RV lot shall have direct access to a private hard surface road.

(5)

Distance between RVs. The minimum distance between neighboring RVs shall not be less than 20 feet.

(6)

Concrete slab. Each RV unit lot shall be equipped with a concrete slab of sufficient size to support the wheels and the front parking jack. The slab shall have a minimum horizontal dimension of eight by ten feet and a minimum thickness of four inches.

(7)

Utilities. Each RV unit shall be equipped with one electric outlet. A municipal sanitary sewer and municipal water system shall be installed in accordance with village specifications. RV units not equipped with water and sewer facilities shall be located not more than 200 feet from a community utility building which shall provide separate toilet and shower facilities for each sex. Fire hydrants shall be located in accordance with the specifications of the National Board of Fire Underwriters.

(8)

Interior streets. The minimum roadway width of interior one-way streets with parking permitted on one side shall be 21 feet. The minimum roadway width of two-way streets with parking permitted on one side shall be 30 feet. The minimum width of two-way streets without parking permitted shall be 20 feet. Such streets shall be paved according to city specifications for residential streets and maintained in good condition and lighted at night.

(9)

Recreation areas. There shall be provided within each RV park an adequate site or sites for recreation for the exclusive use of the park occupants. Such recreation site or sites shall have a minimum area in the aggregate of 100 square feet for each RV space in the park. The recreation sites shall be of appropriate design and provided with appropriate equipment.

(10)

Length of occupancy. No RV shall remain in an RV park for a period exceeding 15 days without connection to the permanent sanitary sewer system of the park.

(e)

Additional requirements. In addition to the foregoing, the board may impose such other conditions, requirements or limitations concerning the design, development and operation of such RV parks as it may deem necessary for the protection of adjacent properties and the public interest.

(Ord. No. 256(A), art. VII, § 78, 1-22-1981; Ord. No. 1044, § 2, 2-19-2013; Ord. No. 1227, § 2, 10-16-2018)

The following standards and conditions shall be applicable on all permanent signs:

(1)

The closest edge of any sign or the base of any sign must be set back a minimum of 15 feet from the adjacent pavement edge, however, if the bottom edge of the sign is elevated a minimum of 15 feet, measured from the crown of the adjacent street surface, the closest edge of the sign is allowed within a minimum of ten feet from the pavement edge, however, such a sign cannot extend over any public right-of-way. No portion of any off-premises sign will extend into the required front yard or beyond an established building line. Nor shall any off-premises sign be located closer than 200 feet from any major intersection or 30 feet from any other intersection. A "major intersection" is defined as any intersection where traffic is controlled by traffic control devices in all four directions. The base of all off-premises signs shall be no longer than 15 feet above the finished grade of the nearest street.

(2)

All signs shall be permitted in the commercial and industrial district except signs specifically prohibited.

(3)

If any sign becomes hazardous to pedestrian or vehicular traffic by reasons of obstruction of walkways or fire access or exit lanes by restricting sight distances for vehicle or pedestrian traffic or is located so close to travel lanes or parking areas that it is struck by maneuvering vehicles, then such sign shall be relocated, removed or otherwise protected within 30 days of notification by registered letter in the manner provided for in section from the zoning enforcement officer that such danger or nuisance does exist.

(4)

All signs must be set back adequately to enable the operator of a moving vehicle on an adjacent street unrestricted view of the full road width for a minimum of 300 feet in either direction of the sign.

(5)

Structural requirements. All signs will be required to transfer a 25 pound per square foot wind load safely to the ground.

(6)

All signs and supports shall be maintained in good repair so as to prevent rust, peeling, flaking or fading. Broken panels, missing letters or peeling paint and other visual damage to a sign shall be repaired within 45 days of occurrence or within 30 days of notification by registered letter from the zoning enforcement officer.

(7)

Every permanent sign shall be constructed of rigid weather-proof materials and shall comply, if applicable, with the requirements of the electrical code currently adopted by the City of Miner.

(8)

Illuminated signs shall be subject to the following restrictions.

(9)

All illumination shall be oriented so as to prevent undue glare onto adjacent streets or residential properties.

(10)

All electrical illumination devices shall be designed to be weather-resistant and shatter-proof.

(11)

No sign or sign lights shall be erected or maintained so that it, by its position, shape, wording, device or color, or shades of color, being red, green, yellow or blue that might interfere with, obstruct the view of or be confused with any authorized traffic sign, signal, device or emergency vehicle.

(12)

No commercial sign regulated by this article shall make use of the words "stop", "look", "yield", "danger" or any other such words, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

(13)

Billboards shall be not located closer than 1,000 feet to each other on any one side of the street.

(14)

This article also applies to window signs.

(Ord. No. 1286, § 2, 8-30-2019)

(a)

Any sign with a value greater than $100.00 or of a sign greater than ten square feet shall require a building permit.

(b)

Temporary signs shall require a permit. Temporary sign permits shall be issued for a maximum period of 21 days. A minimum of 45 days is required between the last day a temporary sign existed at a specific location and the date a new permit is issued for the same location. The permit fee is waived for temporary signs.

(Ord. No. 1286, § 3, 8-30-2019)

(a)

Any permanent existing sign which is non-conforming, except flashing signs, shall not be required to be brought into conformity until such time as the sign is relocated or replaced.

(b)

Abatement duty—Removal authority. It shall be the duty of the owner upon the giving of the notice provided for in this section to comply with the provisions of the notice provided for in this section and to abate the violations within seven days after the date of such notice. If such owner fails or refuses to abate the violation within seven days of such notice, such failure is declared to be unlawful and the sign may be removed and disposed of at the direction of the city mayor or his/her duly authorized representative, at the expense of the owner thereof. Any monies received by the city from disposing of the sign shall be applied to the expenses to be charged to the owner thereof. Upon removal of the nuisance, the city mayor or other designated city official shall certify the costs of same to the city clerk who shall cause a special tax bill therefore. Upon removal of the nuisance, the city mayor or other designated city official shall certify the costs of same to the city clerk who shall cause a special tax bill therefore against the property to be prepared and to be collected by the collector with other taxes assessed against the real estate of the owner and the tax bill from the date of its issuance shall be prima facie evidence of recitals therein and of its validity and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the city clerk and delivered to the collector on or before the first day of June of each year. Such tax bill, if not paid when due, shall bear interest at a rate of ten percent per year.

(Ord. No. 1286, § 4, 8-30-2019)

In those situations when the placement of a sign is not possible due to an inability to meet the standards established by this article, an applicant may petition the planning and zoning commission requesting a variance to one or several of these standards. Applicant must demonstrate that the conflict with the spirit and intent of this article will pose no threat to public health, safety or welfare. If the planning and zoning commission approves, a conditional permit will be issued.

(Ord. No. 1286, § 5, 8-30-2019)