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Minersville City Zoning Code

ARTICLE V

- ZONING DISTRICTS

Sec. 28-226. - Establishment of zoning districts.

For the purposes of this chapter, the territory of the town, to which this chapter applies, is divided into eleven zoning districts, as follows:

Multiple Use District M-U-10
Agricultural District A
Residential Agricultural District RA
Single-Family Residential District R-1
Multiple-Family Residential District R-3
Manufactured Home District MH
Neighborhood Commercial District C-N
General Commercial District C-3
Highway Commercial District H-C
Industrial District I-1
Single-Family or Two-Family Dwelling Structures DS

 

Sec. 28-227. - Rules for locating boundaries.

Where uncertainty exists as to the boundary of any district, the following rules shall apply:

(1)

Wherever the district boundary is indicated as being approximately upon the centerline of a street, alley, or block or along a property line, then, unless otherwise definitely indicated on the map, the centerline of such street, alley or block, or such property line shall be construed to be the boundary of such district.

(2)

Whenever such boundary line of such district is indicated as being approximately at the line of any river, irrigation canal or other waterway, or railroad right-of-way, or public park or other public lane, or any section line, then in such case the center of such stream, canal or waterway, or of such railroad right-or-way, or the boundary line of such public land or such section line shall be deemed to be the boundary of such district.

(3)

Where such district boundary lines cannot be determined by the rules of this section, their location may be found by the use of the scale appearing upon the map.

(4)

Where the application of the rules of this section does not clarify the district boundary location, the planning commission shall interpret the map.

Sec. 28-228. - Zoning map.

Minersville Town Zoning Map

28-221-1

28-221-2

Sec. 28-248. - Purpose.

The purposes of providing a multiple use district are to establish areas in mountain, hillside, canyon, mountain valley, desert, and other open and generally underdeveloped lands where human habitation would be limited in order to protect land and open space resources and to reduce unreasonable requirements for public utility and service expenditures through uneconomic and unwise dispersal and scattering of population; to encourage use of the land, where appropriate, for forestry, grazing, agriculture, mining, wildlife habitat, and recreation; to avoid excessive damage to watersheds, water pollution, soil erosion, danger from brush land fires, and damage to grazing and livestock raising and to wildlife values, and to promote the health, convenience, order, prosperity and general welfare of the inhabitants of the town.

Sec. 28-249. - Permitted uses.

Permitted uses in the multiple use district are as follows:

(1)

Agriculture.

(2)

Forestry, except forest industry.

(3)

Accessory buildings and uses customarily incidental to the uses listed in this section.

Sec. 28-250. - Conditional uses.

Conditional uses in the multiple use district are as follows:

(1)

Single-family dwellings;

(2)

Two-family dwellings;

(3)

Summer homes or cabins;

(4)

Airports;

(5)

Dude ranches, family vacation ranches;

(6)

Forest industry, such as saw mills or related uses;

(7)

Golf courses;

(8)

Grazing and pasturing of animals, agricultural industry and business;

(9)

Hydroelectric dams or facilities;

(10)

Mines, quarries, gravel pits, rock crushers, concrete batching plants, or asphalt plants;

(11)

Private parks or recreational grounds or facilities, or private recreational camps or resorts, including accessory or supporting dwellings or dwelling complexes which are owned or managed by the recreational facility to which it is accessory, or are under unified control;

(12)

Public and quasi-public uses, essential services;

(13)

Radio or television transmitting and relay stations and towers;

(14)

Water pumping plants and reservoirs;

(15)

Temporary buildings for uses incidental to construction work, which buildings must be removed upon completion or abandonment of the construction work. If such buildings are not removed within 90 days upon completion of construction and 30 days after notice, the buildings will be removed by the city at the expense of the owner; and

(16)

Accessory buildings and uses customarily incidental to the uses listed in this section.

Sec. 28-251. - Area regulations.

The minimum lot area for any dwelling in the multiple use district shall be ten acres.

Sec. 28-252. - Width, frontage, yard, and height regulations.

Width, frontage, yard and height regulations in the multiple use district shall be as required by conditional use permit or by planned unit development approval, provided that no such requirement shall be less restrictive than is required to meet the purposes of this chapter.

Sec. 28-253. - Coverage regulations.

There are no coverage regulations for the multiple use district.

Sec. 28-285. - Purpose.

The purpose of the agricultural district is to promote and preserve in appropriate areas conditions favorable to agriculture and to maintain greenbelt open spaces. This district is intended to include activities normally and necessarily related to the conduct of agriculture and to protect the district from the intrusion of uses inimical to the continuance of agricultural activity.

Sec. 28-286. - Permitted uses.

Permitted uses in the agricultural district are as follows:

(1)

Single-family dwellings;

(2)

Agricultural uses;

(3)

Apiaries;

(4)

Aviaries;

(5)

Farms devoted to the raising and marketing on a commercial scale of fish or chickens, turkeys, or other fowl or poultry, including retail sales;

(6)

Home occupations;

(7)

Household pets;

(8)

Nurseries and/or greenhouses, including retail sales;

(9)

Raising, grazing, or feeding of horses, cattle or sheep;

(10)

Ranch buildings and structures; and

(11)

Accessory buildings and uses customarily incidental to the permitted or conditional uses allowed herein.

Sec. 28-287. - Conditional uses.

Conditional uses in the agricultural district are as follows:

(1)

Agricultural industry or businesses;

(2)

Airports;

(3)

Cemeteries;

(4)

Kennels;

(5)

Public stables;

(6)

Public uses, quasi-public uses, essential services;

(7)

Radio or television transmitting and relay stations and towers;

(8)

Riding academies;

(9)

Farm machinery and supplies;

(10)

Veterinary hospitals; and

(11)

Accessory buildings and uses customarily incidental to the uses listed in this section.

Sec. 28-288. - Height regulations.

No building in the agricultural district may exceed 2½ stories or 30 feet in height, nor be less than one story for any dwelling.

Sec. 28-289. - Area, width, and yard regulations.

Area, width and yard regulations in the agricultural district shall be as follows:

District Acre Width Setback Requirements
Front Side Rear
A-1 1 Acre 100' 25' 15' & 20' 25'
A-5 5 Acres 150' 25' 15' & 20' 25'
A-10 10 Acres 200' 25' 15' & 20' 25'
A-20 20 Acres 300' 25' 15' & 20' 25'

 

Sec. 28-290. - Modifying regulations.

(a)

Side yards. On corner lots, the side yard which faces on a street shall be not less than 25 feet.

(b)

Rear yards. All accessory buildings located at the rear of and at least ten feet from the main building shall have a rear yard of ten feet.

Sec. 28-291. - Other provisions.

Any building or structure in which animals or fowl or other household pets are maintained shall be at least 100 feet from any dwelling, public use or quasi-public use.

Sec. 28-316. - Purpose.

The purpose of the residential agricultural district is to promote and preserve in appropriate areas conditions favorable to large-lot family life, the keeping of limited numbers of animals and fowl, and reduced requirements for public utilities. This district is intended to be primarily residential in character and protected from encroachment by commercial and industrial use.

Sec. 28-317. - Permitted uses.

Permitted uses in the residential agricultural district are as follows:

(1)

Single-family dwellings;

(2)

Animals and fowl for recreation or for the production of family food for the use of the persons living on the premises;

(3)

Household pets;

(4)

The tilling of the soil, the raising of crops, horticulture, and gardening;

(5)

Private stables, corrals, chicken coops, or pens; and

(6)

Accessory uses and buildings customarily incidental to the uses listed in this section.

Sec. 28-318. - Conditional uses.

Conditional uses in the residential agricultural district are as follows:

(1)

Airports, public;

(2)

Cemeteries;

(3)

Home occupations;

(4)

Kennels;

(5)

Nurseries or greenhouses, excluding any building or structure for retail sales separate from the greenhouse growing facility;

(6)

Grazing of livestock;

(7)

Ranch buildings and structures;

(8)

Public stables;

(9)

Public uses, quasi-public uses, essential services;

(10)

Radio or television transmitters and relay stations or towers;

(11)

Raiding academies or riding rings; and

(12)

Accessory uses and buildings customarily incidental to the uses listed in this section.

Sec. 28-319. - Height regulations.

No building in the residential agricultural district may exceed 2½ stories or 30 feet in height, nor be less than one story in height for dwellings.

Sec. 28-320. - Area, width, and yard regulations.

Area, width and yard regulations in the residential agricultural district shall be as follows:

District Acre Width Yards in Feet
Front Side Rear
FR-5 ½ Acre 80' 25' 8' & 10' 10'
FR-1 1 Acre 100' 25' 15' & 15' 25'
FR-5 5 Acres 150' 25' 15' & 15' 25'

 

Sec. 28-321. - Modifying regulations.

(a)

Side yards. On corner lots, the side yard which faces on a street shall be not less than 25 feet.

(b)

Rear yards. All accessory buildings shall be located at the rear of and at least ten feet from the main building and shall have a rear yard of ten feet.

Sec. 28-322. - Other provisions.

Any stable, corral, chicken coop, or pen in which animals or fowl are maintained shall be at least 50 feet from any street, dwelling, public use or quasi-public use.

Sec. 28-348. - Purpose.

The purpose of the single-family residential district is to provide areas for medium and low density, single-family neighborhoods of spacious and uncrowded character.

Sec. 28-349. - Permitted uses.

Permitted uses in the single-family residential district are as follows:

(1)

Single-family dwellings;

(2)

Household pets;

(3)

The tilling of the soil, the raising of crops, horticulture and gardening;

(4)

Animals and fowl for recreation or for the production of family food, for the use of the persons living on the premises, as long as there are not more than two large animals (horses, livestock, etc.). Swine/pigs may only be kept up to 90 pounds on a lot no smaller than one-half acre (when pigs reach 90 pounds they must be moved out of town limits);

(5)

Accessory buildings and uses customarily incidental to the permitted and conditional uses allowed herein.

(Ord. No. 2.6.23, § 1, 2-6-2023)

Sec. 28-350. - Conditional uses.

Conditional uses in the single-family residential district are as follows:

(1)

Cemeteries;

(2)

Child day cares or nurseries;

(3)

Churches;

(4)

Cluster subdivisions of single-family dwellings, provided that the residential density is not increased to allow more than one dwelling for each parcel which is 75 percent of the square feet required by the district for single-family dwellings, and that the total area of the subdivision cluster be not less than five acres, and that at least one-third of the total area of the subdivision be reserved or dedicated as a permanent open space for common use of the residents, under planned unit development approval;

(5)

Golf courses;

(6)

Home occupations;

(7)

Private recreational grounds and facilities, not open to the general public, and to which no admission charge is made;

(8)

Public and quasi-public buildings and uses;

(9)

Large animals exceeding two per one-half acre lot; and

(10)

Accessory uses and buildings customarily incidental to the uses listed in this section.

Sec. 28-351. - Height regulations.

No building in the single-family residential district shall be erected to a height greater than 2½ stories or 35 feet, and no dwelling structure shall be erected to a height less than one story.

Sec. 28-352. - Area, width and yard regulations.

Area, width and yard regulations in the single-family residential district shall be as follows:

District Area Width Yards in Feet
Front Side Rear
R-1-8 8,000 sq' 70' 25' 8' & 10' 10'
R-1-10 10,000 sq' 80' 25' 8' & 10' 10'
R-1-12 12,000 sq' 80' 25' 8' & 10' 10'
R-1-20 20,000 sq' 100' 30' 10' & 10' 20'
R-1-40 40,000 sq' 120' 50' 15' & 15' 20'

 

Sec. 28-353. - Modifying regulations.

(a)

Side yards. Main buildings other than dwellings shall have a minimum side yard of 20 feet and the total of the two side yards shall be 40 feet. Private garages and other accessory buildings located at least ten feet behind the main building may have a side yard of two feet except that the street side yard of a corner lot shall be the front yard setback required for that district.

(b)

Rear yards. Private garages and accessory buildings located at least ten feet behind the main building may have a rear yard of two feet provided that on corner lots rearing on the side of another lot the minimum rear yard for all buildings shall be the same as the minimum side yard requirement of the zoning district.

Sec. 28-380. - Purpose.

The purpose of the multiple-family residential district is to provide areas for high residential density with the opportunity for varied housing styles and character.

Sec. 28-381. - Permitted uses.

Permitted uses in the multiple-family residential district are as follows:

(1)

Single-family dwellings;

(2)

Two-family dwellings;

(3)

Multiple-family dwellings;

(4)

Household pets; and

(5)

Accessory buildings and uses customarily incidental to the permitted and conditional uses allowed herein.

Sec. 28-382. - Conditional uses.

Conditional uses in the multiple-family residential district are as follows:

(1)

Three-family dwellings;

(2)

Cluster subdivisions, subject to planned unit development approval;

(3)

Churches;

(4)

Home occupations; and

(5)

Public and quasi-public buildings and uses.

Sec. 28-383. - Height regulations.

No building in the multiple-family residential district shall be erected to a height greater than 2½ stories or 35 feet, and no dwelling structure shall be erected to a height less than one story.

Sec. 28-384. - Area, width and yard requirements.

Area, width and yard regulations in the multiple-family residential district shall be as follows:

District Area Width Yards in Feet
Front Side Rear
RM 8,000
sq.'
70' 25' 8' & 10' 20'

 

Sec. 28-385. - Modifying regulations.

(a)

Area. The minimum lot area shall be 8,000 square feet for each one-family dwelling, with 3,000 square feet for each additional dwelling unit.

(b)

Side yard. Private garages and other accessory buildings located at least ten feet behind the main building may have a side yard of two feet except that the street side yard of a corner lot shall be the same as the front yard setback required for that district.

(c)

Rear yard. Private garages and accessory buildings located at least ten feet behind the main building may have a rear yard of two feet provided that on corner lots with rear yards that abut the side yard of another lot the minimum rear yard for all buildings shall be the same as the minimum side yard requirement of the zoning district.

Sec. 28-414. - Purpose.

The purpose of the neighborhood commercial district is to provide areas in appropriate locations where convenience buying outlets may be established to serve surrounding residential neighborhoods. The regulations of this district are designed to promote a combination of retail and service facilities which in character and scale are necessary to meet day-to-day needs of area residents.

Sec. 28-415. - Permitted uses.

All uses subject to conditional use permit are permitted uses in the neighborhood commercial district.

Sec. 28-416. - Conditional uses.

Conditional uses in the neighborhood commercial district are as follows:

(1)

Grocery stores;

(2)

Drug stores;

(3)

Bakeries;

(4)

Beauty shops;

(5)

Barbershops;

(6)

Ice cream stores;

(7)

Variety stores;

(8)

Medical and dental offices;

(9)

Professional utilities;

(10)

Public utilities;

(11)

Accessory buildings and uses; and

(12)

Other uses approved by the planning commission as being in harmony with the intent of the neighborhood commercial zone and similar in nature to the uses listed in this section.

Sec. 28-417. - Height regulations.

No building in the neighborhood commercial district shall be erected to a height greater than 2½ stories or 35 feet without a conditional use permit.

Sec. 28-418. - Area, width, and yard regulations.

Area, width and yard regulations in the neighborhood commercial district shall be as follows:

District Area Width Yards in Feet
Front Side Rear
C-N 1 acre None 20' None, except 10' where side yard abuts an agriculture or residential zone, and 20' where side yard is adjacent to a street. None, except 10' where side yard abuts a residential or agricultural zone.

 

Sec. 28-450. - Purpose.

The purpose of the general commercial district is to provide appropriate areas where heavy commercial activities may be established, maintained, and protected.

Sec. 28-451. - Permitted uses.

All permitted uses subject to conditional use permit are permitted uses in the general commercial district.

Sec. 28-452. - Conditional uses.

Conditional uses in the general commercial district are as follows:

(1)

Automobile, truck trailer and farm and construction equipment sales, rental and service stations;

(2)

Building material sales yards, but not including ready-mix concrete or hot mix asphalt plants;

(3)

Public utility buildings and service yards;

(4)

Carpenter, electrical, plumbing or heating shops; printing and publishing or lithographic shops; furniture upholstering shops;

(5)

Nurseries, greenhouses, and fruit stands;

(6)

Bakeries, laundry, cleaning and dyeing establishments;

(7)

Any other commercial uses or service establishments determined by the planning commission to be of the same general character as the uses listed in this section;

(8)

Accessory buildings and uses customarily incidental to the uses listed in this section;

(9)

Mortuaries;

(10)

Animal hospitals, veterinary clinics;

(11)

Public or quasi-public uses;

(12)

Commercial recreation uses;

(13)

Any permitted uses occupying one acre or more;

(14)

Stores, shops and offices supplying commodities or performing services such as department stores, specialty shops, banks, business offices, and other financial institutions and personal service enterprises provided that all uses be conducted within buildings;

(15)

Business and technical schools, and schools and studios for photography, art, music and dance;

(16)

Garages for storage of automobiles, commercial parking lots;

(17)

Hotels and motels;

(18)

New car dealers; and

(19)

Garages for repair of automobiles.

Sec. 28-453. - Height regulations.

No building or structure in the general commercial district shall be erected to a height greater than 2½ stories or 35 feet unless one foot is added to each side yard for each two feet the building exceeds 35 feet in height.

Sec. 28-454. - Area, width, and yard regulations.

Area, width and yard regulations in the general commercial district shall be as follows:

District Area Width Yards in Feet
Front Side Rear
C-3 None None None except when abutting an "R" zone, then 25'. None except when abutting an "R" zone, then 10' and 20' when abutting a street. None except when abutting an "R" zone, then 10'.

 

Sec. 28-477. - Purpose.

The purpose of the highway commercial zone district is to provide commercial areas on major highways for the location of travel service and highway oriented commercial uses.

Sec. 28-478. - Permitted uses.

All permitted uses subject to conditional use permit are permitted uses in the highway commercial zone district.

Sec. 28-479. - Conditional uses.

Conditional uses in the highway commercial zone district are as follows:

(1)

Restaurants or drive-in cafés;

(2)

Motels;

(3)

Manufactured home sales;

(4)

Overnight camping facilities;

(5)

Automobile service stations, auto accessories; and

(6)

Accessory buildings and uses.

Sec. 28-480. - Height regulations.

No building or structure in the highway commercial zone district shall be erected to a height greater than 2½ stories or 35 feet.

Sec. 28-481. - Area, width and yard regulations.

Area, width and yard regulations in the highway commercial zone district shall be as follows:

District Area Width Yards in Feet
Front Side Rear
H-C 20,000 sq' None 20' None, except 10' where side yard abuts an agricultural or residential zone; 20' when abutting a street None, except 10' where rear yard abuts an agricultural or residential zone

 

Sec. 28-501. - Purpose.

The purpose of the industrial zone district is to provide areas where industries necessary and beneficial to the local economy may locate and operate the I-1 zone is intended to provide for the development of industrial use which do not in their maintenance, assembly, manufacture or planned operation create smoke, gas, odor, dust, sound, vibration, smut, or lighting to any degree which might be obnoxious or offensive to persons residing in or conducting business in either this or any other zone.

Sec. 28-502. - Permitted uses.

All permitted uses subject to conditional use permit are permitted uses in the industrial zone district.

Sec. 28-503. - Conditional uses.

Conditional uses in the industrial zone district are as follows:

(1)

Manufacturing—Processing. Includes establishment primarily engaged in processing, packaging or treatment of the following products:

a.

Bakery goods, production and distribution;

b.

Cosmetics and toiletry, production and processing;

c.

Optical goods;

d.

Pharmaceutical;

e.

Soft drinks, bottling and distribution;

f.

Vitamin processing; and

g.

Other uses similar to the uses listed in this subsection (1) and judged by the planning commission to be in harmony with the character and intent of the industrial zone.

(2)

Manufacturing—Assembly. Establishments that are primarily engaged in the assembly and fabrication of goods from the following process materials:

a.

Cellophane;

b.

Canvas;

c.

Cloth;

d.

Felt;

e.

Fiber;

f.

Fur;

g.

Glass;

h.

Leather;

i.

Paper;

j.

Precious or semi-precious stones or metals (jewelry);

k.

Plastics;

l.

Rubber;

m.

Textiles;

n.

Wood;

o.

Yarn; and

p.

Other uses similar to the uses listed in this subsection (2) and judged by the planning commission to be in harmony with the character and intent of the industrial zone.

(3)

Wholesale—Warehouse and distribution.

a.

Contractor's storage yards;

b.

Dairy products;

c.

Food and vegetable wholesale;

d.

Parcels delivery service;

e.

Road equipment yards;

f.

Furniture warehouse;

g.

General warehouse;

h.

Wholesale brokers, jobbers and distributors; and

i.

Other uses similar to the uses listed in this subsection (3) and judged by the planning commission to be in harmony with the character and intent of the industrial zone.

(4)

Other conditional uses.

a.

Cabin and carpenter shops;

b.

Electrical appliances and other specialized electrical equipment;

c.

Laboratories, experimental and research;

d.

Laboratories, physical and chemical testing and dental;

e.

Packaging business;

f.

Scientific equipment assembly;

g.

Automobile salvage and wrecking operations and industrial metal, rag, glass or paper salvage operations provided that all operations are conducted within a solid view-obscuring wall or fence not less than eight feet in height; and

h.

Other uses similar to the uses listed in this subsection (4) and judged by the planning commission to be in harmony with the character and intent of the industrial zone.

Sec. 28-504. - Height regulations.

Building and structures in the industrial zone district shall have a height not greater than 60 feet without a conditional use permit and certified by a structural engineer. Within 100 feet of the boundary of any adjoining zone, no building shall exceed a height limit established for main buildings in such adjoining zone.

Sec. 28-505. - Area, width and yard regulations.

There are no area, width and yard regulations in the industrial zone district, except that for any parcel in the I-1 zone having a lot line in common with a lot in an adjoining zone or lying across the street or alley from such adjoining zone, the front, side and rear years as prescribed for such adjoining zone shall be maintained in the I-1 zone.

Sec. 28-506. - Modifying regulations.

(a)

All processing assembly of goods shall be conducted completely within a building that is enclosed on all four sides, unless otherwise specified.

(b)

All buildings which house the processing and/or assembly of goods shall be located not less than 100 feet from any residential zone boundary.

(c)

Outdoor storage of materials or semi-finished or finished goods shall not be located within 100 feet of any residential zone boundary.