A.

Creation of districts. For the purpose of this ordinance, the City of New Iberia is divided into the following districts:

For the purpose of this ordinance, these districts shall be ranked with respect to degree of restriction, in descending order of restriction, as follows: R-1, R-2, R-3, R-4, R-5, R-6, PUD, C-1, C-2, C-3, C-4, I-1, I-2, O-L.

B.

Zoning map. The zoning districts and the boundaries thereof are shown on the attached "Zoning Map of the City of New Iberia," which map is hereby made a part of this ordinance.

C.

District boundaries. Except where specifically shown by dimensions or otherwise on the zoning map, the boundaries of districts are lot or property lines, the centerlines of streets or alleys or such lines extended, railway right-of-way lines, natural boundary lines such as watercourses, and the municipal corporate limit lines as they may exist from time to time. Questions concerning the exact location of any district boundary shall be decided by the board of adjustment.

D.

Utility lines. Water, electric transmission, sanitary sewer, telephone and telegraph, stormwater drainage, and natural gas lines, regardless of any other provision or regulation appearing in this ordinance, shall not be deemed and shall not constitute "uses requiring planning approval" or "special exception uses" in any district insofar as their placement, erection or construction on dedicated streets, alleys and public ways is concerned; but [in] such streets, alleys and public ways they shall constitute uses by right; and no permit, license or other document of approval for such use(s) shall be required under this ordinance.

E.

[Height restrictions.] Notwithstanding the maximum height regulations set forth herein, there shall be no maximum height restrictions unless otherwise restricted by airport zoning or other ordinances.

F.

[Additional permitted uses.] In all districts which provide "permitted uses" and "prohibited uses," and also provide under prohibited uses, "all uses not specifically permitted herein," the ordinance is amended in all such districts to provide under "permitted uses": "Any use permitted in more restrictive districts." For example, a single-family dwelling is permitted in districts R-2, R-3 et seq. Any use permitted in district C-1 is permitted in any less restricted districts such as districts C-3, C-4 et seq.

(Gen. Ord. No. 305, § 1, 5-15-84)

Editor's note— The zoning map referred to in subsection B. of this section is not included herein, but is available for public inspection at the offices of the city.

These districts are composed mainly of large open unsubdivided lands that are designed to protect the essentially open character of the districts, until such time as plans for development are prepared, by prohibiting the establishment of scattered residential, business, industrial and other uses that are unrelated to any general plan of development and that might inhibit the best future urban utilization of the land. It is intended that land in these districts will be reclassified to its appropriate residential, commercial or industrial category in accordance with the amendment procedure set forth herein whenever such land is subdivided into urban building sites.

3.201. Permitted uses.

(1)

Farming and truck gardening.

(2)

Golf driving ranges.

(3)

General agricultural activities (livestock and poultry raising).

(4)

Parks or playgrounds, but not including recreation centers.

(5)

Other temporary uses which will not destroy the open character of the district or prohibit future large-scale development.

(6)

Structures of a temporary use for the above activities.

[GENERAL REQUIREMENTS FOR
RESIDENTIAL DISTRICTS]

Side yard required on corner lot:

Setback:

R-1: Ten feet.

R-2: Eight feet.

R-3: Six feet.

Support for covered but unenclosed area: Four-foot minimum from property line.

Overhang projection may be 18 inches providing at least three feet remains open to sky.

_____

ADD FIGURE SECTION 3.2.1

Within all R-1 residential districts, as shown on the official zoning map, the following regulations shall apply:

3.301. Permitted uses.

(1)

Single-family dwellings built on site ("site-built"), except that the zoning commission may grant a permit to an owner of property to move onto the property a single-family dwelling owned by the same owner under the following circumstances:

(a)

The single-family dwelling is stick-built and not constructed on a chassis;

(b)

The owner shall submit a written scope of work showing the work to be done (if approved, all items within the written scope of work shall be completed within six months, starting from the date the structure is moved onto the property), and the planning and zoning commission determines that the type of construction, value of the improvements and size of the dwelling will be similar to that already located in the area so that the dwelling moved to the property will not have an adverse impact on property values in the area;

(c)

The owner provides the zoning commission with a photograph of the dwelling and the pre-move address of the dwelling; and

(d)

The owner provides the zoning commission with a petition or other documentary evidence (including name, address and telephone numbers of the signers) that the following persons consent to the relocation and intent in moving the dwelling to the property:

(i)

Written approval by 75 percent of landowners within 250 feet of the subject property.

(2)

Parks, playgrounds and community buildings owned or operated by the city, state or federal agencies.

(3)

Home occupations, as defined in section 2.2.

(4)

Public libraries or museums.

(5)

Churches, public elementary schools, or private schools having a curriculum essentially the same as ordinarily offered in a public elementary school and public or nonprofit nursery schools or kindergartens housed in permanent structures.

(6)

Private gardens and nurseries for the propagation and cultivation of plants only when said plants, flowers or produce are not offered for sale.

(7)

Accessory buildings and uses customarily incidental to any of the above uses, when located on the same lot and not involved in the conduct of a business.

(8)

Bulletin boards for churches, temples, institutions or public buildings only, and signs not exceeding 12 square feet in area, pertaining to the rental, lease or sale of a building or land; provided, however, that no more than one sign of the above character shall be permitted on any lot.

(9)

The renting of one room for the accommodation of not more than two persons providing the room is not equipped with cooking facilities and provided further that no boarding arrangements are made.

(10)

Patio, zero lot line and garden homes. Side yard requirements may be waived for this type of home provided that a subdivision development plan with a minimum of two acres or more is submitted to the planning commission for approval, showing the exact location of all buildings, and provided further that the covenants for said subdivision stipulate that there shall be a permanent easement of at least ten feet between each main building. The exterior wall constructed on a zero lot line shall be a blank wall with no openings. A five-foot private maintenance easement (part of the ten feet) shall be provided on the lot adjacent to the zero lot line wall for access and maintenance. Minimum lot size is 3,500 square feet.

(11)

Country clubs with a site of at least 25 acres and with all activities and parking associated with and common to a country club. Golf course, except driving range, pitch and pull or miniature golf course.

(12)

Bed and breakfast, which shall be defined to mean the renting of a room and/or rooms by a person or persons domiciled in said residence to a person or persons for temporary residential tourist lodging for a time period, per tourist, not to exceed one consecutive week. This use shall allow the serving of breakfast to each tourist, commonly associated with similar bed and breakfast facilities. In no way shall this allow the serving of more than one meal a day and/or the occupancy of this facility by permanent boarders. This permitted use is contingent upon the owners of this facility providing a minimum of one offstreet parking space per room offered for rental, and further contingent upon compliance with any and all subdivision restrictions that are applicable for the location of this facility.

Editor's note— Both sections 2 and 4 of Gen. Ord. No. 389, adopted Aug. 2, 1988, added a subsection (12) to § 3.301. The text printed is as given in § 2 of the ordinance, which is similar to the definition given in § 2.202.5. Section 4 reads simply " `Bed & Breakfast' facilities."

3.302. Prohibited uses. All uses not specifically permitted herein; mobile homes, manufactured housing, billboards.

3.303. Deleted.

3.304. Area regulations. Each lot shall have front, side, and rear yards not less than the following depths or widths:

Front yard: 20 feet.

Side yard:

(1)

Minimum side yard dimension, five feet.

(2)

On corner lots, the side yard on that side abutting the side street shall not be less than ten feet.

Rear yard: Ten feet.

Lot area per family: The minimum lot area requirements are as follows:

Minimum required lot area, 6,000 square feet.

Minimum required lot area per family, 6,000 square feet.

Minimum lot width at building setback line, 50 feet.

3.305. Parking requirements. See article V.

3.306. Limitation on signs. See article VI.

[3.307—3.309. Reserved.]

3.310. Patio, zero lot line and garden homes. Side yard requirements may be waived for this type of home provided that a subdivision development plan with a minimum of two acres or more is submitted to the planning commission for approval, showing the exact location of all buildings, and provided further that the covenants for said subdivision stipulate that there shall be a permanent easement of at least ten feet between each main building. The exterior wall constructed on a zero lot line shall be a blank wall with no openings. A five-foot private maintenance easement (part of the ten feet) shall be provided on the lot adjacent to the zero lot line wall for access and maintenance. Minimum lot size is 3,500 square feet.

3.311. [Country clubs and golf courses.] Country clubs with a site of at least 25 acres and with all activities and parking associated with and common to a country club. Golf course, except driving range, pitch-and-pull or miniature golf course.

(Gen. Ord. No. 314, § 2, 9-18-84; Gen. Ord. No. 384, § 1, 5-17-88; Gen. Ord. No. 385, § 1, 6-7-88; Gen. Ord. No. 389, §§ 2, 4, 8-2-88; Ord. No. 2005-15, § 1, 12-20-05; Ord. No. 2006-06, § 1, 6-22-06; Ord. No. 2019-14, § 2, 11-19-2019)

Within all R-2 residential districts, as shown on the official zoning map, the following regulations shall apply:

3.401. Permitted uses.

(1)

Any use permitted in R-1 residential district.

(2)

Modular home (as defined in 2.226 Modular homes.)

a.

The owner provides the New Iberia Zoning Commission with a photograph(s) or a drawing, floor plan and design details of the dwelling;

b.

The owner provides the New Iberia Zoning Commission with a petition or documentary evidence (including name, address and telephone numbers of signers) that the following persons consent to the relocation of the modular home:

i.

Written approval by 75 percent of landowners within 250 feet of the subject property.

c.

The New Iberia Zoning Commission determines that the type of construction, value of improvements, size of the dwelling and design will be similar to that already located in the area so that the modular home will not have adverse impact on property values in the area.

d.

A letter of guarantee that the modular home meets the requirements of the International Residential Codes (IRC) and International Building Codes (IBC) as well as all local and state codes.

3.402. [Uses] permitted with setbacks and screening.

(1)

Cemetery and mausoleum; hospital and convalescent home; sanitariums; private club not conducted for profit; philanthropic use, parish, state, and federal use;

provided however, that all structures in connection with these uses are located 40 feet from any property lines, and provided they are screened from abutting properties by walls and/or fences or by other screening not less than six feet in height in a manner acceptable to the building inspector.

3.403. Prohibited uses.

(1)

All uses not permitted herein; mobile or manufactured homes; billboards.

3.404. Deleted.

3.405. Area regulations.

Yards: Each lot shall have front, side and rear yards not less than the following depths or widths:

Front yard: 20 feet.

Side yard:

(1)

Minimum side yard dimensions, five feet.

(2)

On corner lots, the side yard on that side of the lot abutting the side street shall not be less than eight feet.

Rear yard: Ten feet.

Lot area per family:

Minimum required lot area, 5,000 square feet.

Minimum required lot area per family, 5,000 square feet.

Minimum lot width at building setback line, 40 feet.

3.406. Parking requirements. See article V.

3.407. Limitation of signs. See article VI.

(Ord. No. 2006-06, § 1, 6-22-06; Ord. No. 2007-09, § 4, 6-19-07; Ord. No. 2019-15, § 2, 11-19-2019)

Within all R-3 residential districts, as shown on the official zoning map, the following regulations shall apply:

3.501. Permitted uses.

(1)

Any use permitted in R-2 residential district.

(2)

Two-family dwellings, duplexes.

(3)

Accessory buildings and uses customarily incidental to any of the above-listed uses, including the leasing of rooms by the family resident on the premises, provided that the area rented or leased does not exceed 25 percent of the total floor area in any of the dwelling units, and providing no arrangements are made for boarding.

(4)

Deleted.

(5)

Deleted.

3.502. Prohibited uses.

(1)

All uses not permitted herein.

3.503. Deleted.

3.504. Area regulations.

Yards: Each lot shall have front, side and rear yards not less than the following depths or widths:

Front yard: 20 feet.

Side yards:

(1)

Minimum side yard dimensions, five feet.

(2)

On corner lots, the side yard on that side of the lot abutting the side street shall be not less than six feet.

Rear yard: Ten feet.

Lot area per family:

Minimum required lot area, 4,800 square feet.

Minimum required lot area per family, 2,400 square feet.

Minimum lot width at building setback line, 40 feet.

3.505. Parking requirements. See article V.

3.506. Limitation on signs. See article VI.

(Ord. No. 2006-3, § 1, 4-18-06; Ord. No. 2006-06, § 1, 6-22-06)

This zoning district is special in that it is created as needed by the amendment procedure as set forth in this ordinance and requires approval by the planning commission.

The condominium and townhouse district is composed of groups of single-family residences located in a manner so that the units are provided with common open space and/or individual yards and parking. The regulations are designed to allow the architect and builder to utilize single-family properties to their fullest capacity and still provide an abundance for light, air and open space to the residents.

A detail plan, complying with all of the provisions of the subdivision ordinance and of this article, must be submitted to the commission at the time of the request for classification; and this plan, if approved, shall become a prerequisite to the property remaining so classified. No property shall be sold and/or any building permits issued, and/or any construction initiated on any lot regulated by the provisions of this article stated herein until the property owner and/or owners of these areas and/or subdivisions have completed all improvements required by this article, including but not limited to drives, parking and utilities. Approvals for subdivisions under this article shall be as stated in sections 22-41, 22-42 and 22-43 [now sections 78-32, 78-33 and chapter 78, article IV] of the subdivision regulations.

The above subdivisions and/or areas, by their nature, are residential and can, therefore, be placed in or near residential properties; however, due to the flexibility of design, they may also be created next to commercial properties and used as buffers.

3.601. Permitted uses.

(1)

Single-family attached dwellings.

(2)

Accessory uses customarily associated with single-family dwellings.

3.602. Prohibited uses.

(1)

All uses not permitted herein.

3.603. Area regulations.

(1)

The minimum lot width shall be 18 feet and the minimum lot area shall be 1,800 square feet.

(2)

Each townhouse shall have its own open lot yard space of at least 400 square feet, reasonably secluded from view from streets or from neighboring property. Such yard shall not be used for offstreet parking or for any accessory building.

3.604. Parking requirements. See article V.

3.605. Limitations on signs. See article VI.

Within all R-5 residential districts, as shown on the official zoning map, the following regulations shall apply:

3.701. Permitted uses.

(1)

Any use permitted in R-3 residential district, except no mobile homes or house trailers.

(2)

Three- and four-family dwelling units and multiple-family dwelling units.

(3)

Boarding and lodging houses.

(4)

Condominiums and townhouses.

(5)

Storage garages.

3.702. Prohibited uses.

(1)

All uses not permitted herein.

3.703. Area regulations.

Yards: Each yard shall have front, side and rear yards not less than the following depths or widths:

Front yard: 15 feet.

Side yard: Five feet per side.

Rear yard: 15 feet.

Open yard: For single- and two-family residences, open yard space must equal 30 percent of lot area with remaining 70 percent served [reserved] for buildings and parking. For multifamily residences, condominiums and townhouses, open yard space must equal 20 percent of lot area with remaining 80 percent reserved for buildings and parking.

Minimum lot area: For multifamily dwellings, 3,400 square feet for first two units plus 500 square feet for each additional unit.

3.704. Parking requirements. See article V.

3.705. Limitation on signs. See article VI.

(Ord. No. 2005-15, § 2, 12-20-05)

These districts offer parking and other facilities for mobile homes and are generally small, as their boundaries coincide with the boundaries of the mobile home park subdivision. The regulations are designed to prevent overcrowding of the land by requiring certain minimum area building sites for each unit. It is intended that these mobile home park districts be created in accordance with the amendment procedure set forth herein as they are needed. The application for a mobile home park district should be submitted in conjunction with the application to subdivide.

Within all R-6 mobile home park districts, as shown on the official zoning map, the following regulations shall apply:

3.801. Permitted uses.

(1)

Mobile homes or manufactured housing.

(2)

Accessory uses.

3.802. Prohibited uses. All uses not specifically permitted herein.

3.803. Area regulations for mobile home park.

Yards:

Front yards: On the street frontage where ingress and/or egress are proposed, trailers and structures shall be set back from front lot lines of the park a minimum distance of 20 feet.

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

Rear yards: There shall be a rear yard having a minimum depth of 15 feet of [on] the rear of the mobile home park.

Lot size: Trailer spaces shall be a minimum depth of 100 feet and a minimum width of 35 feet at the parking line of each trailer space. There shall be a maximum of 12 trailer rental units per acre as an average for the entire trailer park. No trailer shall be placed on a lot so as to be closer than 15 feet to the trailer on the abutting lot.

Yard requirements for trailer spaces:

Front yard: Trailers and structures shall be set back from the front lot lines of the individual lots a minimum distance of ten feet.

Side yard: There shall be two side yards, one on each side of the trailer, having a minimum width of five feet with a minimum of 15 feet between trailers.

Rear yard: There shall be a rear yard having a minimum depth of ten feet from the rear lot line of the individual mobile home lots.

3.804. Parking requirements. See article V. However, there shall be not less than two offstreet parking spaces for automobiles and one trailer space for each designated trailer rental unit.

3.805. Limitations on signs. See article VI.

(Ord. No. 2006-3, § 1, 4-18-06; Ord. No. 2006-06, § 1, 6-22-06)

Within all PUD districts, as shown on the official zoning map, the following regulations shall apply:

3.901. Purpose. To allow for the planned development of an area of mixed land use, patio homes, zero lot lines, or innovative land development which would allow for nontraditional requirements.

3.902. Permitted uses.

(1)

Any use permitted in any R residential or C commercial district as a combination.

(2)

Any I district and C district as a combination.

(3)

Patio homes.

3.903. Prohibited uses. All uses not permitted herein.

3.904. Height regulations. No limit except where the property abuts on a residential district, in which case no building shall exceed the maximum height permitted in the residential district unless it is set back from all yard lines by one foot for each foot of additional height in excess of the height so permitted.

3.905. Area regulations.

Size: A minimum of five acres is required to qualify for a PUD district.

Yards:

(1)

Front, rear and side yards: None are required except where the PUD abuts on any district which requires front, side and rear yards. These requirements shall apply for the PUD district for the side on which the abutment occurs only.

(2)

Where R districts are a part of a PUD and the R district faces a public right-of-way, then the front yard setback shall apply as set forth in the R district.

(3)

Zero lot lines are permitted; however, when a side yard is provided, said side yard shall not be less than three feet.

3.906. Parking requirements. See article V.

3.907. Limitation on signs. See article VI.

3.908. Supplementary district regulations. See section 3.16.

3.909. Plats required. A PUD district will have to be detailed in plat form and submitted as a subdivision plat to the planning commission for approval. The zoning commission shall require that all deed and covenant restrictions be filed with the planning commission at the time of plat approval.

A neighborhood (limited) a business district containing small individual uses designed to serve the daily or frequent retail and service needs of the immediate neighborhood. These districts are small and are within convenient walking, or a short driving distance of most of the areas they serve. Allowable uses are compatible with the scale of adjoining neighborhoods.

Within all C-1 neighborhoods (limited) business districts, as shown on the official zoning map, the following regulations shall apply.

3.1001.

Permitted uses.Permitted uses shall include any use permitted in the R-5 residential district or any of the uses listed below.

A.

Retail sales:

1.

Art gallery and supply store

2.

Book, greeting cards or stationary

3.

Camera and photographic supplies

4.

Coffee/pastry shop/bakery

5.

Cosmetics

6.

Convenience store (no gas pumps)

7.

Drug store/pharmacy

8.

Health foods

9.

Hobby supplies

10.

Ice cream

11.

News dealers/news stand

12.

Optician

13.

Sandwich shop

14.

Antiques

15.

Computer and software

16.

Farmers market

17.

Florist

18.

Gift, novelty, or souvenirs

19.

Interior design shop

20.

Jewelry

B.

Services:

1.

Alternations (tailor)

2.

Animal grooming (non-boarding)

3.

Bank or credit union (branch with drive thru)

4.

Barbershop

5.

Beauty shop

6.

Child day-care center (limited to six in C-1)

7.

[Reserved]

8.

Dry-cleaners (no on-site cleaning)

9.

Laundromats

10.

Nail/tanning salon

11.

Photography studio

12.

Picture framing

13.

Travel agency

14.

Video sale/rentals

15.

Weight-loss clinic

16.

Bicycle

C.

Office uses:

1.

Accounting

2.

General

3.

Government

4.

Insurance

5.

Legal

6.

Medical/dental

7.

Real estate

8.

Building and construction (excluding storage of materials in C-1)

9.

Engineering and architecture

10.

Financial services

3.1002.

Prohibited uses.

1.

Freestanding signs and billboards

2.

Any use not specifically permitted herein

3.1003.

Deleted.

3.1004.

Area regulations.

Yards:

(1)

Front, side and rear yards: None are required except where a lot is used for a dwelling or in part for a dwelling, and it shall be the same as the R-3 residential district. When a side yard is provided, said side yard shall not be less than three feet.

(2)

Whenever a C-1 commercial district abuts on a residential district, the requirements on [of] the residential district shall apply for the C-1 district for the side on which the abutment occurs only.

Building site area: There is no minimum building site area required.

3.1005.

Parking requirements. See article V.

3.1006.

Limitations on signs. See article VI.

(Ord. No. 2001-588, § 1, 5-1-01; Ord. No. 2001-589, § 1, 7-17-01; Ord. No. 2017-01, § 1, 1-17-2017)

The central business district classification applies to the area often referred to as "downtown". Historically this area of the City of New Iberia was the location for retail and service establishment required by both the residents of the City of New Iberia and those residing in the City of New Iberia's trade area. Over time the area to which this classification is applied has changed and the uses allowed reflect those changes in addition to those uses that have always been located in the area.

Within all C-2 central business districts, as shown on the official zoning map, the following regulations shall apply:

3.1101.

Permitted uses.

A.

Retail sales:

1.

All uses permitted in a C-1 neighborhood (limited) business district

2.

[Reserved]

3.

Apparel and accessories

4.

Appliance sales/service

5.

Bakery

6.

Bar (lounge)/drive-thru or walk-up alcohol sales by special use/conditional use permit only

7.

Bicycle sales/service

8.

Carpet and tile

9.

Cellular phones

10.

[Reserved]

11.

Department stores

12.

Electrical supply stores

13.

[Reserved]

14.

[Reserved]

15.

Furniture

16.

[Reserved]

17.

Guns

18.

Hobby, toys, and games

19.

Interior design shop

20.

Jewelry

21.

Leather and luggage

22.

Liquor (may be sold, but not sold for consumption on the premises)

23.

Office supplies and equipment

24.

Music and musical equipment

25.

Paint and wallpaper

26.

Pawn shop

27.

Plumbing supply store

28.

Quick copy printing

29.

Radio, television and consumer electronics

30.

Restaurant (no drive-thru) and micro brewery

31.

Shoes

32.

Sign shop

33.

Specialty foods

34.

Surgical supplies

35.

Tobacco

36.

Uniform sales

37.

Seafood market.

B.

Services:

1.

All services permitted in a C-1 neighborhood business

2.

Amusement (conducted entirely in an enclosed building)

3.

Bank, credit union, or other financial services

4.

Broadcasting studio (radio or television)

5.

Catering

6.

Check cashing

7.

Clubs or lodges

8.

Dry cleaners

9.

Health club

10.

Home appliance repair

11.

Hotels or motels

12.

Movie theater

13.

Shoe repair

14.

Studio (professional work or teaching)

15.

Taxidermist

16.

Taxi stand/dispatching

17.

Cabinet shop and sales

C.

Office uses:

1.

All offices permitted in a C-1 neighborhood business district. With the restrictions removed as to the number of practitioners and support staff.

2.

Building and construction.

3.

Engineering.

4.

Financial services.

3.1102.

Prohibited uses.

1.

Any uses not specifically permitted herein.

3.1103.

Height regulations. None.

3.1104.

Area regulations.

Yards:

Front, side and rear yards: No yards are required in the C-2 central business district. However, where a side yard is provided but not required, such side yard shall not be less than three feet.

Whenever a C-2 commercial [central business] district abuts on any residential districts which require front, side and rear yards, these requirements shall apply for the C-2 district for the side on which the abutment occurs only.

Building site area: There is no minimum building site area required.

3.1105.

Parking requirements. No off-street parking is required in the C-2 central business district. See article V for off-street loading requirements.

3.1106.

Limitation on signs. See article VI.

(Ord. No. 2001-588, § 1, 5-1-01; Ord. No. 2003-14, § 1, 9-18-03; Ord. No. 2004-01, § 1, 2-17-04; Ord. No. 2009-06, §§ 1—3, 7-28-09; Ord. No. 2012-3, § 1, 11-20-2012; Ord. No. 2017-01, § 1, 1-17-2017)

A general business district differs from a C-1 neighborhood business district in that it allows uses of a more varied nature and is intended to serve a larger population than the immediate surrounding neighborhood. No re-zoning petition shall be approved for a C-3 district unless the subject property is adjacent to an existing commercial or business district unless the petitioner can show extenuating circumstances, or a definite need for the uses allowable by this classification in the general are in which the subject property is located.

Within all C-3 general business district as shown on the Official Zoning Map, the following regulations shall apply.

3.1201.

Permitted uses.

A.

Retail sales:

1.

All uses permitted in a C-2 central business district.

2.

Air-conditioning sales/service

3.

Alarm systems

4.

Automobile parts

5.

Automobile service station

6.

Automobile, truck and trailer lease and rentals

7.

Bar (lounge)/ drive-thru or walk-up alcohol sales by special use/conditional use permit only.

8.

Convenience store (with self-service gas)

9.

Farm and garden

10.

Motorcycles

11.

Nursery

12.

Supermarket

13.

Temporary outdoor sales (seasonal) - requires a special permit which limits hours and length of operation

14.

Tire and auto repair

B.

Services:

1.

All services permitted in C-2 central business district.

2.

Adult day care center

3.

Ambulance

4.

Automobile upholstery

5.

Animal hospital (no open kennel)

6.

Bowling alley

7.

Diaper service

8.

Funeral home

9.

Furniture upholstering

10.

Golf driving range or batting cage

11.

Gymnastics studio

12.

Laboratory, medical or dental

13.

Locksmith

14.

Machine/motor repair

15.

Miniature golf

16.

Mini-warehouse storage facilities

C.

Offices:

1.

All offices permitted in a C-2 central business district classification

2.

Veterinary (no open kennel)

3.1202.

Prohibited uses.

1.

Any uses not specifically permitted herein

3.1203.

Deleted.

3.1204.

Area regulations.

Yards:

1.

Front, rear and side yards: None are required except where a lot is used for a dwelling or in part for a dwelling, and it shall be the same as for R-3 residential districts. When a side yard is provided but not required, said side yard shall not be less than three feet.

2.

Whenever a C-3 commercial [general business] district abuts on any residential district which requires front, side and rear yards, these requirements shall apply for the C-3 district for the side on which the abutment occurs only.

3.1205.

Parking requirements. See article V.

3.1206.

Limitations on signs. See article VI.

(Ord. No. 2001-588, § 1, 5-1-01; Ord. No. 2012-4, § 1, 11-20-2012)

C-4 highway commercial district differs from a C-3 general business district in that it contains uses of a heavier commercial nature. These additional allowable uses may involve larger property requirements, heavier traffic volume or other annoying factors not generally associated with the uses allowed in the C-3 general business district.

3.1301.

Permitted uses.

A.

Retail Sales:

1.

All uses permitted in a C-3 general business district

2.

Automobile and truck sales

3.

Bait shop

4.

Boats and motors

5.

Brewery associated with restaurant

6.

Cabinet shop and sale

B.

Services:

1.

All services permitted in C-3 general business

2.

Animal kennel

3.

Pest control

C.

Office uses:

1.

All office uses permitted in a C-3 general business district

3.1302.

Deleted.

3.1303.

Prohibited uses.

1.

All uses not permitted herein

3.1304.

Deleted.

3.1305.

Area regulations.

Yards:

1.

Front, rear and side yards: None is required except where a lot is used for a dwelling or in part for a dwelling, and it shall be the same as for R-3 residential districts. When a side yard is provided but not required, said side yard shall not be less than three feet.

2.

Whenever a C-4 commercial district abuts on any residential district which requires front, side and rear yards, these requirements shall apply for the C-4 district for the side on which the abutment occurs only.

3.1306.

Parking requirements. See article V.

3.1307.

Limitations on signs. See article VI.

(Ord. No. 2001-588, § 1, 5-1-01)

The intent of the light industrial district is to accommodate wholesale, warehouse and light manufacturing activities whose external physical effects are in no way detrimental to any of the surrounding districts. The following uses are permitted as long as these uses are not obnoxious or offensive due to emission of odor, noise, dust and gas. Within all I-1 light industrial districts, as shown on the official zoning map, the following regulations shall apply:

3.1401.

Permitted uses.

1.

Any use permitted in C-4 highway commercial district

2.

Food processing (excluding rendering plants, fish and meat processing)

3.

Millwork and furniture manufacturing

4.

Lumber and building material storage yards

5.

Tire recapping

6.

Wholesale and warehouses

3.1402.

Prohibited uses. Heavy manufacturing uses such as the manufacturing of alcohol, ammonia, brick, cement or concrete, chemicals, fertilizers, lampblack, lime, oilcloth, paint, petroleum products, plastics, products from fish or animal refuse, soap; bulk storage of petroleum products; junkyard or processing of junk or scrap metal or automobile wrecking; railroad repair shops and railroad marshaling yards; any other use that will be injurious, hazardous, noxious or offensive to an extent equal to or greater than those enumerated.

3.1403.

Height regulations. No limit except when a building abuts on a residential district, in which case it shall not exceed the maximum height permitted in the residential district unless it is set back from all yard lines (abutting residential areas) by one foot for each foot of additional height in excess of the height so permitted.

3.1404.

Area regulations.

Yard:

1.

Front yard, side yard, rear yard: None are required except where a lot is used for a dwelling or in part for a dwelling, and it shall be the same as for R-3 residential district. When a side yard is provided, said side yard shall not be less than three feet.

2.

Whenever an I-1 district abuts on a residential district which requires front, side and rear yards, these requirements shall apply for an I-1 district for the side on which the abutment occurs only.

3.1405.

Parking requirements. See article V.

3.1406.

Limitations on signs. See article VI.

(Ord. No. 2001-588, § 1, 5-1-01)

Within all I-2 heavy industrial districts, as shown on the official zoning map, the following regulations shall apply:

3.1501.

Permitted uses.

1.

Any use in an I (I-1) light industrial district.

2.

Equipment and services of all types.

3.

Bulk storage of petroleum products not in excess of 300,000 gallons.

4.

Concrete and concrete products manufacturing.

5.

Junkyards or processing of junk or scrap metal or automobile wrecking.

6.

Boat building.

7.

Metal fabrication.

8.

Food processing, including fish and meat processing.

9.

Gravel terminals.

10.

Rendering plants.

11.

Machine shop

12.

Sheet metal and welding shops

3.1502.

Prohibited uses.

1.

Dwellings, except living quarters for watchmen and caretakers.

2.

Schools offering general education courses.

3.

Churches.

4.

Any use injurious, hazardous, noxious or offensive to a neighborhood by reason of odor, smoke, dust, gas, fumes, glare, light, noise or vibration.

3.1503.

Height regulations. No limit except where the property abuts on a residential district, in which case no building shall exceed the maximum height permitted in the residential district unless it is set back from all yard lines by one foot for each foot of additional height in excess of the height so permitted.

3.1504.

Area regulations.

Yard:

1.

Whenever an I-2 industrial district abuts on any residential district which requires front, side and rear yards, these requirements shall apply for the entire block in which abutment occurs.

3.1505.

Parking requirements. See article V.

3.1506.

Limitation on signs. See article VI.

(Ord. No. 2001-588, § 1, 5-1-01)

3.1601. Uses.

(1)

Temporary buildings used in conjunction with construction work only may be permitted in any district during the period the construction is in progress, but such temporary buildings shall be removed upon completion of the construction work. No permit is required.

(2)

Fences may be erected along the boundaries of a lot or yard area subject to the requirements of the building code; one segment of a fence may be erected in a required side yard.

(3)

Power, heating or refrigerating plants, apparatus or machinery which are accessory to permitted uses shall be permitted only if placed and operated so as to comply with existing ordinances and not cause serious annoyance or injury to occupants of adjoining premises.

(4)

Existing railroads and utilities may continue to be operated and maintained in dwelling and commercial districts, but no new railroad or utility structure other than the usual poles, transformers and other similar appurtenances, wires, underground utilities, electric substations and gas pressure regulating and metering stations shall be established except when so authorized by the board of zoning adjustments.

3.1602. [Reserved.]

3.1603. Yards.

(1)

Where a lot in a commercial district or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.

(2)

Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as commercial or industrial, the front yard depth in the commercial or industrial district shall be equal to the required front yard depth of the residential district.

(3)

On every corner lot there shall be provided on the side street a side yard equal in depth to one-half the required front yard depth on the said side street. The front yard requirements of a residential district shall prevail over that of a commercial or industrial use.

(4)

On a corner lot in any district no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines.

(5)

Covered but unenclosed areas may project into required yards not more than ten feet and shall not be considered in determining yard sizes or lot coverage; provided, however, that such area shall not be closer than four feet to any lot line, except front yards.

(6)

Every part of a required yard shall be open to the sky except ordinary projections not over 18 inches, except that a roof, gutters or eaves may project to the extent of four feet providing at least three feet remains open to the sky.

(7)

If 40 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed front yards less than that required, no building need be set back from the street more than the average front yard depth of such buildings.

(8)

Open fire escapes may extend into any required yard not more than five feet.

(9)

Bay windows may project into any required yard not more than two feet.

(10)

Buildings housing animals and the storage of odor- or dust-producing substances shall not be permitted within 50 feet of any lot line.

(11)

The building area of accessory buildings shall not be greater than 40 percent of the required rear yard area.

(12)

Accessory buildings shall not be built less than three feet from any lot line.

(13)

Accessory buildings may be built in the required side yards, providing such buildings are not less than 60 feet from the front lot line.

3.1604. Fences, hedges and walls. Notwithstanding other provisions of this ordinance, where a driveway intersects a public right-of-way or where property abuts the intersection of two public rights-of-way, all landscaping, structures or fences within the corner triangle area shall provide unobstructed cross-visibility.

Any fence, hedge or wall placed within 15 feet of the intersection of a public street shall not restrict or obscure the visibility through such fence, hedge or wall by more than 25 percent of its total vertical plane area.

All shrubs located within these triangular areas shall be maintained at a height not to exceed 36 inches above sidewalk grade. Trees may be planted in this area if all branches are trimmed to maintain clear vision for a vertical natural height of eight feet above roadway surface.

A fence, hedge, wall, column, pier, post or any similar structure or any combination of such structures is permitted in the required setback of a district if it meets these conditions.

All property lines will be located in order to determine that no fence, hedge or wall extends beyond or across a property line. A fence, hedge or wall may cross a property line if an agreement with the abutting property owner is obtained. No barbed wire or other sharp, pointed or electrically charged fence is [to be] erected or maintained except:

(a)

A temporary fence on a construction site, which may be as high as required to protect the property during the period of construction and may have barbed wire where it is not less than six feet above the grade.

(b)

A barbed wire fence or electrically charged fence may be used as an internal fence, not on the periphery of the property.

(c)

Barbed wire may be used on the periphery of the property when placed six feet above grade.

No fence, or wall may exceed eight feet in height, measured as follows: measurement taken vertically from ground level in the adjacent grade.

A fence, hedge or wall in the front yard and side yard from the building setback line to the front line shall not be over four feet in height with adequate unobstructed view angle at all drives unless material used shall permit 75 percent of the unobstructed view when viewed at an angle of 90 degrees from the direction of the fence, hedge or wall. The adequate view angle shall be determined by the chief building inspector.

Material shall be of a durable nature, pleasant in appearance and acceptable to the building official and shall be maintained in good condition.

(Emer. Ord. No. 334, § 1, 5-21-85; Gen. Ord. No. 357, § 1, 11-18-86; Gen. Ord. No. 393, § 2, 9-20-88; Ord. No. 98-537, § 1, 5-19-98)

APPENDIX A - ZONING ORDINANCE USER INDEX FOR COMMERCIAL CLASSIFICATIONS

(Ord. No. 2001-588, § 2, 5-1-01; Ord. No. 2017-01, § 1, 1-17-2017)