400.1 Except as hereinafter provided, no public or private building, structure or sign shall hereafter be erected, reconstructed or structurally altered, nor shall any public or private building, structure, sign or land be used hereafter for any purpose other than is permitted in the zone in which such building, structure or land is located.

400.2 Except as hereinafter provided, no public or private building, structure or sign shall hereafter be erected, reconstructed or structurally altered to exceed the height or bulk limit herein established for the zone in which such building, structure or sign is located.

400.3 Except as hereinafter provided, no lot area shall hereafter be so reduced or diminished that the yards or other open spaces shall be smaller than described by this ordinance, and no building shall be occupied by more families than prescribed for such building, structure or premises for the zone in which it is located.

400.4 Except as hereinafter provided, no yard or other open space provided about any building or other structure for the purpose of complying with the provisions of these regulations shall be considered as providing a yard or open space for any other building or structure, provided, further, that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building or other structure is to be erected.

400.5 Every public or private building or other structure hereafter erected shall be located on a lot as herein defined, and in no case shall there be more than one building or other structure on one lot, except as hereinafter provided.

401.1 Continuance. Except as herein specified, the lawful use of any public or private building, structure, sign or land existing at the time of the adoption of this ordinance may be continued, although such use does not conform to the provisions of this ordinance.

401.2 Enlargement. The land area or the floor area in a structure or structures occupied by any nonconforming use may be increased to the extent that the increase is used solely to provide off-street parking or loading space for the nonconforming use, but such land area or floor area shall not otherwise be increased.

401.3 Termination. Any one of the following acts or conditions shall terminate immediately the right to operate a nonconforming use:

401.31 Changing to a conforming use;

401.32 Abandonment;

401.33 Nonoperation or nonuse for a period of 12 or more consecutive calendar months;

401.34 Damage or destruction of the structure or structures in which the use is operated by any cause whatsoever, when the cost of repairing such damage or destruction exceeds 50 percent of the replacement cost of such structure or structures as of the date of such damage or destruction of the structure or structures in which the use is operated;

401.35 Obsolescence of the structure or structures in which the use is operated under any applicable ordinance of the city when the cost of placing such structure or structures in lawful compliance with the applicable resolution exceeds 50 percent of the replacement cost of such structure or structures on the date of the official order under the applicable ordinance.

401.4 Zone change. The foregoing provisions shall also apply to nonconforming uses in zones hereafter changed.

402.1 Continuance. Except as herein specified, any public or private nonconforming structure may be occupied, operated and maintained in a state of good repair, but no conforming structure shall be enlarged or extended except to provide off-street parking or loading space. These exceptions do not permit any expansion of the existing floor area.

402.2 Termination. The right to operate and maintain any public or private nonconforming structure shall terminate whenever the nonconforming structure is accidentally damaged in any manner whatsoever and the cost of repairing such damage exceeds 50 percent of the replacement cost of such structure as of the date of such damage. The right to operate and maintain any nonconforming structure shall terminate whenever the nonconforming structures become obsolete or substandard under any applicable ordinance of the city.

402.3 Zone change. The foregoing provisions shall also apply to nonconforming uses in zones hereafter changed.

403.1 Continuance. Except as herein specified, any nonconforming device may be continued in operations and maintained after the effective date of this ordinance; provided, however, that no such sign or device shall be changed in any manner that increases the noncompliance of such sign or device with the provisions of this ordinance for the zone in which such sign or device is located.

403.2 Termination. Within two years from the effective date of this ordinance, or of any amendment hereto, by which a sign or device for outdoor commercial advertising becomes nonconforming the right to operate and maintain a nonconforming sign or device shall terminate, and such sign or device shall cease to exist; provided, however, that after such time a use which is a primary permitted use in any business or industrial zone and which use is located in a residential zone may maintain signs and devices which comply with the regulations established hereafter.

403.3 Zone change. The foregoing provisions shall also apply to nonconforming uses in zones hereafter changed.

404.1 Reduction in lot area. No lot may be reduced in area below the minimum lot area as specified herein.

404.2 Interference with traffic. In any zone, no outdoor advertising sign or structure, or tree or shrub, shall protrude over any street so as to create confusion around or otherwise interfere with traffic signals of any kind or decrease sight distances to hazardous extents.

404.3 Frontage on corner lots and through lots. On lots having frontage on more than one street, the minimum front yard shall be provided for each street in accordance with the provisions of this ordinance.

404.4 Utilities location. Electrical transformer stations, gas regulator stations, sewage and water treatment plants, pumping stations, standpipes for public water supply and other similar utility uses may be located in any zone; provided, however, that the location of such facility [shall] be subject to the review and recommendations of the zoning board of adjustment as a special exception, and the following requirements shall be complied with:

404.41 Such facilities shall be essential for the immediate area or for the proper functioning of the total utility system of which the above element is a part.

404.42 A building or structure, except an enclosing fence, shall be set back at least 20 feet from any property line.

404.43 Such facilities shall be enclosed by a protective fence as approved by the zoning board of adjustment.

404.44 Open spaces on the premises shall be suitably landscaped and maintained.

404.45 The storage of vehicles and equipment on the premises, unless enclosed, shall be prohibited.

404.46 The surrounding area shall not be adversely affected by and shall be protected from noise, odor, glare, dust, fumes, gas, smoke and vibration by such suitable means and conditions as the zoning board of adjustment may specify.

404.5 Public and semipublic building or use location. All public and semipublic buildings and uses may be located in any zone; provided, however, the location of such buildings and uses [shall] be subject to the review and recommendations of the zoning board of adjustment as a special exception. No public or semipublic building or use shall be so located in a residential zone that would adversely affect the surrounding area.

404.6 [Other use or facility location.] Any other use or facility necessary for the conduct of the business of any political subdivision of the state or federal government may be located in any zone, provided such use is first recommended by the zoning board of adjustment.

404.7 Bed and breakfast facilities. The following regulations apply to the establishment of bed and breakfast facilities:

404.71 [Bed and breakfast property designation.] The bed and breakfast must be at least one of the following:

a.

A property located within an existing local or National Register [of] Historic Districts;

b.

A property listed on the National Register of Historic Places or a designated National Historic Landmark;

c.

A property designated [as] a Mississippi landmark with the Mississippi Department of Archives and History. A property owner has the right to apply for a listing on the National Register with the Mississippi Department of Archives and History if said property is not designated as such and merits such designation.

404.72 Special exception permit review. Bed and breakfast facilities may only be obtained by special exception. The process of obtaining a special exception shall be the same as for all other special exceptions. Each application for special exception must be accompanied by clear and convincing evidence that there will be no substantial interference with the health, safety and welfare of the general public and the character and integrity of a residential area. A bed and breakfast facility must not promote the commercialization of residential neighborhoods. Decisions for the granting of a special exception permit for the operation of a bed and breakfast facility will be made on a case-by-case basis and shall be given final approval by the zoning board of adjustment after initial approval by the building inspector. In addition to the standards set forth herein, other conditions may be added to special exceptions consistent with the intent and purpose of this ordinance.

The building inspector and/or the zoning board of adjustment shall have the power to regulate parking and signs located at any bed and breakfast facility.

404.73 Accessory use. A bed and breakfast facility must be accessory to a household being maintained on the site.

Food services may only be provided to overnight guests of a bed and breakfast facility.

404.74 Revocation of special exception for bed and breakfast facility. Special exceptions for bed and breakfast facilities may be revoked for the following:

(1)

Noncompliance with the criteria set forth in this chapter [appendix] by the zoning board.

(2)

Failure to operate within a six-month period.

Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not to exceed $25.00. Each day's continuance of a violation shall be considered a separate offense and punishable as such.

404.75 Appeals. Appeal from the decision of the zoning board of adjustment in any case may be made as follows:

1.

Procedures for appeal. Any party aggrieved by the decision of the zoning board of adjustment may, within 15 days thereafter, appeal therefrom to the mayor and board of aldermen of the City of Newton, and he shall file with the mayor and board of aldermen a written notice of appeal specifying the decision from which such appeal is taken.

2.

Transcript of proceedings. Upon receiving notice of appeal, the zoning board of adjustment shall transmit to the mayor and board of aldermen a certified copy of all proceedings in the case upon which an appeal is taken, and the issue shall be tried before the mayor and board of aldermen solely on the question of whether the zoning board of adjustment has acted beyond the limits of its powers or abused by its discretion.

(Ord. No. A-130, 11-7-1995)

405.1 Lot of record. Except as herein provided, in any residential district or zone where the owner of a lot, at the time of the adoption of this ordinance, or his successor in title thereto, does not own sufficient land to enable him to conform to the minimum lot area and for frontage requirements of this ordinance, such lot may be used as a building site for a single-family residence, provided that minimum yard and setback requirements for the district or zone in which said lot is located are maintained.

405.2 Exceptions to height limits.

405.21 The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smoke stacks, conveyors, flag poles, masts and aerials, scenery lofts, standpipes, false mansards, parapet walls, outdoor theatre screens, other similar structures and necessary mechanical appurtenances, provided their construction is in accordance with existing or hereafter adopted ordinances of the City of Newton.

405.22 In the 35 feet [foot] and 45 feet [foot] height districts, public or semipublic buildings or hospitals may be erected to a height not exceeding 75 feet; provided, however, the front, side and rear yards shall be increased an additional foot for each foot such buildings exceed 35 and 45 feet, respectively, in height.

405.23 One-family dwellings in 35 feet [foot] height districts may be increased in height by not more than ten feet when two side yards of not less than 15 feet each are provided.

405.3 Areas exceptions.

405.31 For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one building occupying one lot: semidetached, two-family and multifamily dwellings.

405.32 The front side yard requirements for dwellings shall be waived where dwellings are erected above principal buildings used for commercial purposes.

405.33 In the case of a court apartment or multidwellings, side yards may be used as [a] rear yard with the following provisions:

1.

The required side yard shall be increased by one foot for each entrance or exit opening into or served by such yard.

2.

The width of the court shall be not less than 2½ times the width of the side yard, as required in this provision.

3.

Where a roadway is provided in the place or court, the width allowed for such roadway shall be in addition to that required above.

4.

All other requirements, including front, side and rear yards shall be complied with in accordance with the district in which such court apartments or multidwellings are located.

5.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into [a] court more than six inches, nor into a minimum side yard more than 24 inches.

6.

Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a yard not more than five feet, or into a court not more than 3½ feet, and the ordinary projections of chimneys and flues may be permitted by the building inspector where same are so placed as not to obstruct the light and ventilation.

405.4 [Service stations, gasoline filling stations, pump location.] Service stations or gasoline filling stations shall be so constructed that, for driveways parallel to the street's boundary line, the centerline of the pump shall be at least 18 feet from the parallel street property line, and, if on a corner lot, the end pump shall be at least 18 feet from the other street property line. For driveways built diagonally [from] the corner lot, the centerline of pumps shall be at least 25 feet from the street corner of the lot, which shall be measured along a line bisecting the angle of intersecting streets, and the end pumps shall be at least 18 feet from the street property line.

406.1 R-1 single-family residential zone.

406.11 Uses permitted.

1.

Single-family dwellings and accessory structures.

2.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities.

3.

Home occupations as defined herein.

4.

Uses by temporary permit. (Ord. No. A-79, § 2, 11-1-1977; Ord. No. A-130, 11-7-1995)

406.11a Uses permitted by special exception only.

1.

Churches and accessory religious buildings.

2.

Bed and breakfast facilities as defined herein. (Ord. No. A-79, § 3, 11-1-1977; Ord. No. A-130, 11-7-1995)

406.12 Building height. No structure shall exceed 35 feet in height.

406.13 Required lot area and lot width. Every dwelling shall be located on a single lot of not less than 22,500 square feet in area and shall have a width determined at the building setback line of not less than 150 feet.

406.14 Percentage of lot coverage. Buildings, including accessory structures, shall not cover more than 45 percent of the area of any lot.

406.15 Yards required.

1.

Front yard. The front yard building setback line shall be a minimum of 40 feet from any existing or proposed right-of-way line of any street or road, including those shown on the City of Newton Major Thoroughfare Plan.

2.

Side yard. There shall be a minimum side yard of 20 feet on each side of any structure, measured from the side lot line to the nearest building on said lot, except where the side yard abuts any street or road, including those shown on the City of Newton Major Thoroughfare Plan, in which case the side yard shall be 30 feet.

3.

Rear yard. There shall be a minimum rear yard setback of not less than 30 feet, except where the rear yard abuts any street or road, including those shown on the City of Newton Major Thoroughfare Plan, in which case the rear yard shall be 30 feet.

4.

Yards for public or semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

404.16 Parking. See Section 407.

406.17 Signs. See Section 408.

406.2 R-2 single-family residential zone.

406.21 Uses permitted.

1.

Single-family dwellings and accessory structures.

2.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities. The location of such uses shall be subject to the requirements of section 404.5 hereof.

[3.

Home occupations.]

4.

Uses by temporary permit. (Ord. No. A-79, § 4, 11-1-1977; Ord. No. A-130, 11-7-1995)

406.21a Uses permitted by special exception only.

1.

Churches and accessory religious buildings.

2.

Mobile homes or modular housing.

3.

Personal care or retirement centers as long as there are no more than 12 units therein and adequate off-street parking is available, subject to such reasonable limitations as the zoning board of adjustment deems proper.

4.

Child day care centers, provided all adjoining property owners consent and adequate off-street parking is available, subject to reasonable limitations as the zoning board of adjustment should deem proper.

5.

Bed and breakfast facilities as defined herein. (Ord. No. A-79, § 5, 11-1-1977; Ord. No. A-82, § 1, 1-23-1979; Ord. No. A-130, 11-7-1995; Ord. No. A-171, 8-2-2005)

406.22 Building heights. No building shall exceed 35 feet in height.

406.23 Required lot area and lot width. Every dwelling shall be located on a single lot of not less than 12,500 square feet in area and shall have a width determined at the building setback line of not less than 100 feet.

406.24 Percentage of coverage. Buildings, including accessory buildings and structures, shall not cover more than 30 percent of the area of any lot.

406.25 Yards required.

1.

Front yard. The front yard building setback shall be a minimum of 30 feet from any existing or proposed right-of-way line of any street or road, including those shown on the City of Newton Major Thoroughfare Plan.

2.

Side yard. There shall be a minimum side yard of ten feet on each side of any structure, measured from the side lot line to the nearest building on said lot, except where the side yard abuts any street or road, including those shown on the City of Newton Major Thoroughfare Plan, in which case the side yard shall be 30 feet.

3.

Rear yard. There shall be a minimum rear yard setback of not less than 25 feet, except where the rear yard abuts any street or road, including those shown on the City of Newton Major Thoroughfare Plan, in which case the rear yard shall be 30 feet.

4.

Yards for public and semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

406.26 Parking. See Section 407.

406.27 Signs. See Section 408.

406.3 R-3 single-family residential zone.

406.31 Uses permitted.

1.

Single-family dwellings and accessory structures.

2.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities.

3.

Home occupations as defined herein.

4.

Uses by temporary permit. (Ord. No. A-79, § 6, 11-1-1977; Ord. No. A-130, 11-7-1995)

406.31a Uses permitted by special exception only.

1.

Churches and accessory religious buildings.

2.

Mobile homes or modular housing.

3.

Child day care centers provided all adjoining property owners consent and adequate off-street parking is available, subject to the reasonable limits as the zoning board of adjustment should determine proper.

4.

Bed and breakfast facilities as defined herein. (Ord. No. A-79, § 7, 11-1-1977; Ord. No. A-82, § 2, 1-23-1979; Ord. No. A-130, 11-7-1995)

406.32 Building height. No building shall exceed 35 feet in height.

406.33 Required lot area and lot width.

1.

Every dwelling shall be located on a single lot of not less than 10,000 square feet in area and shall have a width determined at the building setback line of not less than 80 feet.

406.34 Percentage of cover. Buildings, including accessory buildings, shall not cover more than 30 percent of the area of any lot.

406.35 Yards required.

1.

Front yard. The front yard building setback line shall be a minimum of 30 feet from any existing or proposed right-of-way line of any street or road, including all those shown on the City of Newton Major Thoroughfare Plan.

2.

Side yard. There shall be a minimum side yard of ten feet on each side of any structure, measured from the side lot line to the nearest building, except where the side yard abuts any street or road, including those shown on the City of Newton Major Thoroughfare Plan, in which case the side yard shall be 30 feet.

3.

Rear yard. There shall be a minimum rear yard setback of not less than 25 feet, except where the rear yard abuts any street or road, including those shown on the City of Newton Major Thoroughfare Plan, in which case the rear yard shall be 30 feet.

4.

Yards for public and semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

406.36 Off-street parking and loading requirements. See Section 407.

406.37 Signs and outdoor advertising. See Section 408.

406.4 R-4 two-family residential zone.

406.41 Uses permitted.

1.

Two-family dwellings and accessory structures.

2.

Single-family dwellings and accessory structures.

3.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities.

4.

Home occupations as defined herein.

5.

Uses by temporary permit. (Ord. No. A-79, § 8, 11-1-1977; Ord. No. A-130, 11-7-1995)

406.41a Uses permitted by special exception only.

1.

Churches and accessory religious buildings.

2.

Uses permitted by special exception only in areas zoned R-3 hereunder.

3.

Mobile homes or modular housing. (Ord. No. A-79, § 9, 11-1-1977; Ord. No. A-82, § 3, 1-23-1979)

406.42 Building height. No building shall exceed 35 feet in height.

406.43 Required lot area and lot width.

1.

Every single-family dwelling shall be located on a lot of not less than 12,500 square feet in area with a width determined at the front building setback line of not less than 100 feet.

2.

Every duplex or two-family residence shall be located on a lot or lots of not less than 12,500 square feet in area and shall have a width determined at the building setback line of not less than 100 feet.

406.44 Percentage of lot coverage. Buildings, including accessory structures, shall not cover more than 40 percent of the area of any lot.

406.45 Yards required.

1.

Front yard. The front yard building setback line shall be a minimum of 30 feet from any existing or proposed right-of-way line of any street or road, including those shown on the City of Newton Major Thoroughfare Plan.

2.

Side yard. For single-family and two-family dwellings, there shall be a minimum side yard of ten feet on each side of any building, except where the side yard abuts any street or road, including those shown on the City of Newton Major Thoroughfare Plan, in which case the side yard shall be 30 feet.

3.

Rear yard. There shall be a minimum rear yard setback of 25 feet for any residential structure or any accessory structure or building, except where the rear [yard] abuts any street or road, including those shown on the City of Newton Major Thoroughfare Plan, in which case the rear yard shall be 30 feet.

4.

Yards for public and semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

406.46 Off-street parking and loading requirements. See Section 407.

406.47 Signs and outdoor advertising. See Section 408.

406.5 R-5 multifamily residential zone.

406.51 Uses permitted.

1.

Multifamily dwellings and accessory structures.

2.

Single-family dwellings and accessory structures.

3.

Two-family dwellings and accessory structures.

4.

Home occupations as defined herein.

5.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities.

6.

Uses by temporary permit. (Ord. No. A-79, § 10, 11-1-1977; Ord. No. A-130, 11-7-1995)

406.51a Uses permitted by special exception only.

1.

Professional office buildings which include, but are not limited to, privately owned medical or dental clinics.

2.

Institutions for children or the aged, not including penal or correctional types.

3.

Studios of artists or photographers.

4.

Institutions of educational, philanthropic or eleemosynary nature, other than those of a correctional nature or for mental care.

5.

Personal service shops for barbering, beauty culture and physical culture.

6.

Monastery, convent or similar institution of religious training.

7.

Churches and accessory religious buildings.

8.

Uses permitted by special exception only in areas zoned R-3 hereunder.

9.

Other similar uses.

10.

Mobile homes or modular housing. (Ord. No. A-79, § 11, 11-1-1977; Ord. No. A-82, § 4, 1-23-1979)

406.52 Building height. Forty-five feet.

406.53 Required lot area and lot width.

1.

For the first four dwelling units, or less in a multifamily residential structure, there shall be required a minimum of 12,500 square feet in area; all other dwelling units within said multifamily residential structure shall require an additional 2,000 square feet of lot area. Lot widths determined at the building setback line shall be 100 feet.

2.

Every single-family dwelling shall be located on a lot of not less than 12,500 square feet in area with a width determined at the front building setback line of not less than 100 feet.

3.

Every duplex or two-family dwelling shall be located on a lot of not less than 12,500 square feet in area and with a width determined at the front building setback line of not less than 100 feet.

406.54 Percentage of lot coverage. Buildings, including accessory structures, shall not cover more than 30 percent of the area of any lot.

406.55 Yards required.

1.

Front yard. For all residential buildings, the front yard building setbacks shall be a minimum of 30 feet from any existing or proposed right-of-way line of any street or road, including those shown on the City of Newton Major Thoroughfare Plan.

2.

Side yard. For all residential buildings, each side yard shall be ten feet, except where the side yard abuts any street or road, including those shown on the City of Newton Major Thoroughfare plan, in which case the side yard shall be 30 feet.

3.

Rear yard. There shall be a minimum rear yard setback of 30 feet.

4.

Yards for public and semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

406.56 Off-street parking and loading requirements. See Section 407.

406.57 Signs and outdoor advertising. See Section 408.

406.6 RMHP residential mobile home park zone.

406.61 Uses permitted.

1.

Mobile homes.

2.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities.

406.62 Accessory uses.

1.

Customary accessory buildings and uses.

406.63 Building height. No building nor mobile home shall exceed 25 feet in height.

406.64 Required park site, mobile home lot area and lot width.

1.

Each mobile home park site shall have a minimum of ten acres, and shall have a minimum distance of 100 feet as measured along a deeded right-of-way.

2.

Each mobile home within the mobile home park shall be located on a lot of not less than 5,000 square feet and shall have a width determined at the building setback of not less than 40 feet.

406.65 Percentage of lot coverage. Buildings, including accessory structures, shall not cover more than 35 percent of the area of any lot.

406.66 Yards required for each mobile home.

1.

Front yard. The front yard building setback line shall be a minimum of 20 feet from any existing or proposed right-of-way line of any street or road, including those shown on the City of Newton Major Thoroughfare Plan.

2.

Side yard. There shall be a minimum of ten feet on the nonentrance side of the mobile home and 18 feet on the entrance side of the mobile home.

3.

Rear yard. There shall be a minimum rear yard of 25 feet.

4.

Yards for public and semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

406.67 Off-street parking and loading requirements. See Section 407.

406.68 Signs and outdoor advertising. See Section 408.

406.7 C-1 neighborhood commercial zone.

406.71 Uses permitted. Places of business offering products for sale at retail prices and principally supplying everyday household needs, such establishments as:

1.

Drug stores;

2.

Grocery stores;

3.

Apparel shops;

4.

Bakery shops;

5.

Restaurants;

6.

Gasoline stations;

7.

Drive-in theatres;

8.

Ice cream parlors;

9.

Branch banks;

10.

Ice stations;

11.

Automatic washaterias and dry cleaners;

12.

Cleaning and laundry pickup stations;

13.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities;

14.

Churches and accessory religious buildings;

15.

[Day care centers or child care centers;]

16.

Uses by temporary permit. (Ord. No. A-79, § 12, 11-1-1977; Mo. of 12-18-1990)

406.71a Uses permitted by special exception only.

1.

Other uses similar to those listed above in Section 406.71. (Ord. No. A-79, § 13, 11-1-1977)

406.72 Accessory uses permitted.

1.

Customary related uses incidental to a permitted use, except that outdoor storage shall be prohibited.

2.

Nonflashing signs pertaining to permitted uses and located on the same lot.

3.

Spotlighting of buildings on the lot, provided such lights are shaded and so located that beams are directed away from any residential zone or any public highway.

406.73 Building height. No building shall exceed 35 feet in height.

406.74 Required lot area and lot width. None required; governed by Sections 406.75, 406.76 and 406.77.

406.75 Percentage of lot coverage. The sum total of all buildings shall not cover more than 45 percent of the area of the lot.

406.76 Yards required.

1.

Front yard. The front yard building setback line shall be a minimum of 65 feet from any existing or proposed right-of-way line of any street or road, including those shown on the City of Newton Major Thoroughfare Plan.

2.

Side yards. None required unless abutting an R-1, R-2, R-3, R-4, R-5 or RMHP zone, in which case there shall be a minimum side yard of 50 feet along the residential zone boundary.

3.

Rear yards. There shall be a minimum rear yard setback of not less than 25 feet, except where the rear yard abuts an R-1, R-2, R-3, R-4, R-5 or RMHP zone, in which case the minimum rear yard setback shall be not less than 50 feet.

4.

Yards for public and semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

406.77 Off-street parking and loading requirements. See Section 407.

406.78 Signs and outdoor advertising. See Section 408.

406.8 C-2 highway commercial zone. The C-2 or highway commercial zone is established to provide services for the motoring public, a large part of which is through traffic. In order to discourage congestion, traffic hazards and blighting effects of strip commercial development, C-2 zones shall not be closer together than approximately one mile and shall be restricted in size to not less than ten acres and shall have a minimum lot width, determined at the building setback line, of 100 feet per acre of site.

No uses permitted in this zone shall be dangerous or offensive or detrimental to the present or intended character of this zone or vicinity by reason of the emission of dust, gas, smoke, noise, fumes, glare, odors, vibrations or fire hazards.

406.81 Uses permitted.

1.

Motels, tourist cabins or tourist courts.

2.

Restaurants, drive-in restaurants, ice cream sales and similar related uses.

3.

Retail car sales, service and repair.

4.

Office buildings.

5.

Service stations.

6.

Taverns.

7.

Garages for repair of motor vehicles within closed buildings.

8.

Drive-in theatres.

9.

Recreational uses and places of amusement.

10.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities.

11.

Churches and accessory religious buildings.

12.

Uses by temporary permit.

13.

Automatic car wash services. (Ord. No. A-79, § 14, 11-1-1977)

14.

Any use permitted in the C-1 zone. (Res. of 3-18-2003)

406.81a Uses permitted by special exception only.

1.

Uses similar to those listed above in Section 406.81. (Ord. No. A-79, § 15, 11-1-1977)

406.82 Building height. No building or structure shall exceed 2½ stories, or 35 feet, in height.

406.83 Required lot area and lot width. The minimum area for highway commercial zones shall be ten acres. There are no lot width requirement[s].

406.84 Percentage of lot coverage. Principal and accessory buildings shall not cover more than 35 percent of the lot.

406.85 Yards required.

1.

Front yard. The front yard building setback line for all buildings and accessory buildings shall be a minimum of 75 feet from any existing right-of-way line of any street or road as shown on the City of Newton Major Thoroughfare Plan.

2.

Side yard. No side yards are required, except in instances where a use abuts a residential zone, in which case a 50-foot side yard is required on the side adjacent to an R-1, R-2, R-3, R-4, R-5 or RMHP zone. Such space shall remain open and unoccupied by any building or accessory building or use.

3.

Rear yard. Rear yards shall be required where such yard abuts any residential zone. In such case there shall be a rear yard setback of 50 feet, a strip of which at least 20 feet wide shall be maintained adjacent to an R-1, R-2, R-3, R-4, R-5 or RMHP zone as a landscaped buffer strip.

4.

Yards for public and semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

406.86 Off-street parking and loading requirements. See Section 407.

406.87 Signs and outdoor advertising. See Section 408.

406.9 C-3 central business district commercial zone. The C-3 or central business district commercial zone is established to provide areas for the major commercial activities of the city. The C-3 zone is established to:

1.

Protect present business and commercial uses from the blighting effects of incompatible land uses;

2.

Encourage the development of the downtown area as the shopping and commercial core of the city and surrounding region; and

3.

Encourage the eventual elimination of uses detrimental or inappropriate to the proper functioning of the central business district.

No use permitted in this zone shall constitute a nuisance or be dangerous or offensive or detrimental to the present or intended character of this zone or vicinity by reason of the emission of dust, gas, smoke, noise, fumes, glare, odors, vibrations or fire hazard.

406.91 Uses permitted.

1.

Any use permitted in the C-1 and C-2 zones (except drive-in theaters and recreational uses and places of amusement. (Ord. No. A-151, 12-19-2000)

2.

Antique shops.

3.

Apparel stores.

4.

Appliance sales.

5.

Art studios.

6.

Banks.

7.

Florist shops.

8.

Hardware stores.

9.

Hotels or motels.

10.

Offices and/or office buildings.

11.

Printing and publishing establishments.

12.

Shoe repair shops and similar service establishments.

13.

Theaters (indoor).

14.

Any similar retail use, provided such use is devoted primarily to retail sales and is contained entirely within a closed building.

15.

Public uses necessary for conducting the business of operating the city, county, state and/or federal governments, including parks and recreational facilities, schools and utilities.

16.

Churches and accessory religious buildings.

17.

Uses by temporary permit. (Ord. No. A-79, § 16, 11-1-1977)

406.91a Uses permitted by special exception only.

1.

Uses similar to those listed above in Section 406.91. (Ord. No. A-79, § 17, 11-1-1977)

406.92 Building height. No restrictions.

406.93 Required lot area and lot width. None required.

406.94 Percentage of lot coverage. Except as provided in [subsection] 406.95 below, the entire lot area may be used for building purposes.

406.95 Yards required.

1.

Front yard. None required.

2.

Side yard. None required in areas which are already built up. In other areas there shall be a minimum side yard of 12 feet to assure access of firefighting equipment. Such side yards are not required where fireproof construction approved by the building inspector is used.

Where said use abuts an R-1, R-2, R-3, R-4, R-5 or RMHP zone there shall be a side yard clearance on the side abutting the residential zone of 50 feet. Such space shall remain open and unoccupied by any building or accessory building or use.

3.

Rear yard. Rear yards shall only be required where such yard abuts an R-1, R-2, R-3, R-4, R-5 or RMHP zone. In such case, rear yards shall be a minimum of 50 feet. Such space shall remain open and unoccupied by any building or accessory buildings.

4.

Yards for public or semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide a minimum side yard and rear yard setback of 30 feet from any lot line.

406.96 Off-street parking and loading. See Section 407.

406.97 Signs and outdoor advertising. See Section 408.

406.10 C-4 general commercial zone. The C-4 or general commercial zone is established to provide areas for those heavier types of commercial uses which generate significant amounts of truck traffic, require outdoor storage or because of other characteristics are not compatible when located adjacent to other types of commercial uses.

No uses will be permitted in this zone which are dangerous or offensive or detrimental to the present or intended character of this zone or vicinity by reason of the emission of dust, gas, smoke, noise, fumes, glare, odors, vibrations or fire hazards.

406.101 Uses permitted.

1.

Any use permitted in the C-3 zone.

2.

Animal hospitals, provided there are no runs.

3.

Retail car sales, services and repairs.

4.

Automatic car wash services.

5.

Bakeries.

6.

Bottling works.

7.

Construction equipment sales, repair and storage.

8.

Cold storage plants.

9.

Creameries.

10.

Customary accessory buildings and uses.

11.

Dental clinics.

12.

Dyeing and cleaning work.

13.

Farm equipment sales, repair and storage.

14.

Foodstores, retail and wholesale.

15.

Furniture stores, retail and wholesale.

16.

Health clinics.

17.

Ice delivery stations.

18.

Ice plants.

19.

Insurance agencies.

20.

Laundries (all types).

21.

Medical clinics.

22.

Milk distributing stations.

23.

Paint stores, retail and wholesale.

24.

Plumbing sales, retail and wholesale and repair services.

25.

Radio and television sales (retail and wholesale), services and repair.

26.

Trucking terminals.

27.

Used car lots.

28.

Variety stores.

29.

Warehouses for inside storage.

30.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities.

31.

Churches and accessory religious buildings.

32.

Uses by temporary permit. (Ord. No. A-79, § 18, 11-1-1977)

406.101a Uses permitted by special exception only.

1.

Uses similar to those listed above in Section 406.101. (Ord. No. A-79, § 19, 11-1-1977)

406.102 Building height. No restrictions.

406.103 Required lot area and lot width. No restrictions.

406.104 Percentage of lot coverage. No restrictions.

406.105 Yards required.

1.

Front yard. None required.

2.

Side yard.

a.

None required in areas which are already built up. In other areas, there shall be a minimum side yard of 12 feet to assure access of firefighting equipment. Such side yards are not required where fireproof construction approved by the building inspector is used.

b.

Where said use abuts an R-1, R-2, R-3, R-4, R-5 or RMHP zone, there shall be a side yard clearance on the side abutting the residential zone of 50 feet. Such space shall remain open and unoccupied by any building or accessory building or use.

3.

Rear yard. Rear yards shall only be required where such yard abuts any R-1, R-2, R-3, R-4, R-5 or RMHP zone. In such cases, rear yards shall be a minimum of 50 feet. Such space shall remain open and unoccupied by any building or accessory buildings.

4.

Yards for public or semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide a minimum side yard and rear yard setback of 30 feet from any lot line.

406.106 Off-street parking and loading requirements. See Section 407.

406.107 Signs and outdoor advertising. See Section 408.

406.11 L-1 light industrial zone.

406.111 Uses permitted. The following listed uses shall be permitted, provided that they are not obnoxious or offensive due to the emission of noise, odor, dust, gas or do not constitute a nuisance.

1.

Lumberyards.

2.

Upholstery manufactures [manufacturers].

3.

Assembly plants.

4.

Bakeries, wholesale.

5.

Bookbinderies.

6.

Canneries.

7.

Cellophane products manufacturing.

8.

Ceramic products.

9.

Carpet cleaning services.

10.

Refrigerating plants.

11.

Confectionery manufacturing.

12.

Cosmetic manufacturing.

13.

Dairy products, processing and manufacture.

14.

Electrical parts, assembly and manufacture.

15.

Engraving plants.

16.

Feed processing.

17.

Fiber products manufacturing.

18.

Food products manufacturing.

19.

Foundry casting lightweight, nonferrous metal.

20.

Furniture manufacturing.

21.

Glass products manufacturing.

22.

Grain elevators.

23.

Iron works, light.

24.

Jewelry, manufacturing.

25.

Laboratories.

26.

Laundries.

27.

Leather products manufacturing.

28.

Millwork and cabinetmaking.

29.

Bulk storage of petroleum products.

30.

Paint mixing and treatment.

31.

Parcel delivery services.

32.

Pharmaceuticals manufacturing.

33.

Plastic products manufacturing.

34.

Railroad depot, passenger and freight.

35.

Sheet metal products (light) manufacturing.

36.

Sign painting shops.

37.

Television and radio broadcasting transmitters.

38.

Textile products manufacturing.

39.

Tire retreading, recapping or rebuilding.

40.

Tool and machinery manufacturing.

41.

Toy manufacturing.

42.

Truck terminals, truck and trailer service.

43.

Warehouse or storage buildings.

44.

Water distillation.

45.

Well drilling services.

46.

Wholesale business, including gasoline and oil.

47.

Wood products manufacturing.

48.

Open storage of building materials such as lumber, coal, machinery and pipe when enclosed by a solid fence at least six feet in height.

49.

Public uses necessary for conducting the business of operating the city, county, state and/or federal government, including parks and recreational facilities, schools and utilities.

50.

Uses by temporary permit. (Ord. No. A-79, § 20, 11-1-1977)

406.111a Uses permitted by special exception only.

1.

Uses similar to those listed above in Section 406.111. (Ord. No. A-79, § 21, 11-1-1977)

406.112 Building height. No restrictions.

406.113 Required lot area and lot width. A minimum lot size of one acre shall be required for any light industrial use. No requirements shall be established as to a minimum lot width contingent upon compliance with Sections 406.114, 406.115 and 407.

406.114 Percentage of lot coverage. Buildings, including accessory buildings, shall not cover more than 50 percent of the area of any lot.

406.115 Yards required.

1.

Front yard. The front yard building setback line shall be a minimum of 75 feet from any existing or proposed right-of-way line of any street or road as shown on the City of Newton Major Thoroughfare Plan.

2.

Side yard. There shall be a minimum side yard on each side of any building or structure of 25 feet measured from the side lot line to the nearest building or structure.

Where said use abuts an R-1, R-2, R-3, R-4, R-5 or RMHP zone, there shall be a side yard clearance on the side abutting the residential zone of 75 feet. Such space shall remain open and unoccupied by any building or accessory building or use.

3.

Rear yard. There shall be a minimum rear yard, measured from the rear property line to the nearest building, of 50 feet. Such space shall not be occupied by any building or accessory use. Where said use abuts an R-1, R-2, R-3, R-4, R-5 or RMHP zone, there shall be a rear yard of at least 100 feet, measured from the rear property line to the nearest building. Such space shall remain open and unoccupied by any building or accessory use.

4.

Yards for public or semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

406.116 Off-street parking and loading. See Section 407.

406.117 Signs and outdoor advertising. See Section 408.

406.12 L-2 heavy industrial zone.

406.121 Uses permitted.

1.

All uses permitted in the L-1 zone.

2.

Aggregate plants and operations.

3.

Candy factories.

4.

Carting, express, hauling or storage yards.

5.

Cereal mills.

6.

Chemical plants.

7.

Concrete batch plants.

8.

Coal, coke or wood yards.

9.

Custom fabrication.

10.

Dairy products processing plants.

11.

Egg drying plants.

12.

Food processing.

13.

Flour mills.

14.

Grain elevators.

15.

Laboratories, offices and other facilities for research, both basic and applied, conducted by or for any industrial organization or concern, whether public or private.

16.

Metal fabricating plants.

17.

Killing, dressing and storage of poultry.

18.

Millwork and flooring processing.

19.

Manufacturers of:

a.

Instruments for professional, scientific, photographic, optical and similar uses;

b.

Beauty and barbershop equipment and supplies;

c.

Brooms;

d.

Electrical equipment, machinery and supplies;

e.

Fountain and beverage equipment;

f.

Leather products;

g.

Metal fabrications;

h.

Mining equipment;

i.

Missiles and their components;

j.

Paper;

k.

Plywood, furniture and similar wood products;

l.

Rubber products; and

m.

Rock wool.

20.

Wholesale sale and storage of any article.

21.

Animal hospital, permitting housing and/or boarding of animals and runs.

22.

Professional office buildings.

23.

Restaurants.

24.

Service stations.

25.

Sawmills.

26.

Accessory buildings and uses related to the operation of permitted uses within this zone.

27.

Retail sale of any commodity manufactured, processed, fabricated or warehoused only on the premises; and equipment, supplies and materials designed especially for use in agriculture, mining, industry, business, transportation, building and other construction.

28.

Public uses necessary for conducting the business of operating the city, county, state and/or federal governments, including parks and recreational facilities, schools and utilities.

29. Uses by temporary permit. (Ord. No. A-79, § 22, 11-1-1977)

406.121a Uses permitted by special exception only.

1.

Other uses similar to those listed above in Section 406.121. (Ord. No. A-79, § 23, 11-1-1977)

406.122 Conditional uses. No building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been recommended by the planning commission.

1.

Abattoirs or slaughterhouses.

2.

Acid manufacturing, such as hydrochloric, nitric and sulfuric.

3.

Cement, lime, gypsum or plaster of Paris manufacturing.

4.

Distillation of bones.

5.

Explosive manufacturing or storage.

6.

Fat rendering.

7.

Fertilizer manufacturing.

8.

Garbage, offal and dead animals dumping or reduction, except for municipal incinerators.

9.

Gas manufacturing.

10.

Glue manufacturing.

11.

Petroleum refining or storage.

12.

Smelting of tin, copper, zinc or iron ores.

13.

Stockyards and stock auction barns.

14.

Storage or baling of rags, paper, iron or junkyards.

15.

Used car junk areas.

16.

Pulp or paper mills.

406.123 Building height. No restriction.

406.124 Required lot area and lot width. A minimum lot area of two acres shall be required for any heavy industrial use. The minimum lot width at the building setback line shall be 200 feet.

406.125 Percentage of lot coverage. Buildings, including accessory buildings, shall not cover more than 50 percent of the area of any lot.

406.126 Yards required.

1.

Front yard. The front yard setback for all buildings shall be a minimum of 100 feet from any existing or proposed right-of-way line of any street or road, as shown on the City of Newton Major Thoroughfare Plan.

2.

Side yard. There shall be a minimum side yard on each side of any building or structure of 25 feet, measured from the side lot to the nearest building or structure. When said use abuts on [an] R-1, R-2, R-3, R-4, R-5 or RMHP zone, there shall be a side yard clearance on the side abutting the residential zone of 150 feet. Such space shall remain open and unoccupied in any building or accessory use.

3.

Yards for public and semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of 30 feet from any lot line.

406.127 Off-street parking and loading. See Section 407.

406.128 Signs and outdoor advertising. See Section 408.

406.13 A-1 agricultural—One zone.

406.131 Uses permitted.

1.

Agricultural buildings, uses and accessory uses; provided, however, that no permits shall be required with reference to land used for the growing of the usual farm products or raw materials such as cotton, vegetables, fruit, trees, grain and the raising of the usual farm poultry and animals such as horses, cattle, sheep and swine; the erection, maintenance or extension of farm buildings for the treatment or storing of produce, raw materials and equipment, provided that such accessory uses shall be secondary to that of the normal farm activities.

2.

Any uses permitted in the R-1 residential single-family—One zone, provided that all requirements of said zone are met.

3.

Mobile homes or modular housing. (Ord. No. A-82, § 5, 1-23-1979)

407.1 Off-street parking. In all zones, off-street parking facilities for the storage or parking of motor vehicles for use of occupants, employees and patrons of the building hereafter erected, altered or extended after the effective date of this ordinance, shall be provided and maintained as herein prescribed.

407.2 General requirements.

1.

In determining the number of parking spaces required, if such spaces result in fractional parts thereof, the number of said places required shall be construed to be the next highest whole number.

2.

Whenever a use is increased in floor area, additional parking spaces shall be provided in the amounts hereafter specified for that use, if the existing parking space is inadequate to serve the increased floor area.

3.

Off-street parking facilities for one- and two-family dwellings shall be located on the same lot or plot of ground as the building served. Off-street parking facilities for multifamily dwellings containing more than eight dwelling units may be located within 300 feet of the building intended to be served. An industry or commercial establishment which employs 500 or more persons or any retail establishment or office building may supply off-street parking at a distance greater than 300 feet from such industry or business upon recommendations of the zoning board of adjustment and approval of the mayor and board of aldermen.

4.

The off-street parking requirements for uses not specifically mentioned herein shall be the same as those required for uses of a similar nature.

5.

Collective off-street parking facilities may be provided; however, such facilities shall be not less than the sum of such facilities as would otherwise be individually required.

6.

The amount of off-street parking space required for uses, buildings or additions thereto shall be determined according to the following requirements, and the space so required shall be stated in the application for a building permit and shall be reserved for such use.

7.

Parking lots or areas adjacent to public streets shall have driveways or openings not to exceed 25 feet in width at the curb line. All such lots or areas shall have a protective wall or bumper block at least five feet from any sidewalk line, and said lots shall be so designed that all vehicles leaving the facility will be traveling forward.

8.

No driveway or curb cuts shall exceed 25 feet in width. Detailed plans shall be submitted for approval of all curb cuts or driveway openings in commercial and industrial zones before a building permit may be obtained therefor.

9.

Off-street parking regulations for commercial and industrial zones are the following:

a.

Any vehicle parking space in a commercial or industrial zone shall be used for parking only. Any other use of such space, including repair work or servicing of any kind other than in an emergency.

b.

No building of any kind, except drive-in facilities, shall be erected in any off-street parking space, except an attendant's office or parking garage containing parking spaces equivalent to the requirements set forth in this section.

c.

The parking area on any lot, as set forth and designated in this chapter [section], shall be deemed to be required open space on such lot, and shall not be reduced or encroached upon in any manner. This provision, however, shall not be deemed to prevent the erection of multiple-story structures for parking of vehicles.

d.

All parking spaces, drives and islands shall be surfaced with a bituminous, concrete or other similar material.

407.3 Size of off-street parking space. In all commercial and industrial zones, a minimum area of 300 square feet per car shall be required in computing the total area to be devoted to parking (this includes entrances, exists [exits] and driveways), and such areas shall have an all-weather surface.

407.4 Off-street loading and/or unloading space. Every building, structure or part thereof used for business, trade, industry or other activity involving the receipt or distribution of vehicles, materials or merchandise shall provide space as indicated herein for the loading and/or unloading of vehicles. Such space shall have access to a public street or alley.

1.

Retail business and services: Minimum of one space of 350 square feet per location and/or one space of 350 square feet for each 3,000 square feet of floor area, with a height clearance of 14 feet.

2.

Wholesaling and industry: Minimum of one space of 500 square feet per location and/or one space of 500 square feet for each 10,000 square feet of floor area.

3.

Bus and truck terminals: Sufficient space to accommodate the maximum number of buses or trucks to be loading, unloading and/or stored at any one time.

Cross reference— Traffic and vehicles, ch. 66.

408.1 Scope of regulations. The regulations herein set forth shall apply and govern in all zones except as hereinafter provided. No sign or outdoor advertising device shall be erected, maintained or continued unless it is in compliance with the regulations for the zone in which it is located. Additionally, no sign or other outdoor commercial advertising device constituting a hazard and/or nuisance because of light, glare, focus, noise, animation or flashing in any zone, or an illuminated sign of such intensity of illumination as to unduly disturb the use of residential property, shall be erected or continued in operation.

408.2 General limitations. No sign shall be erected or maintained in zones other than commercial and industrial zones unless the sign complies with all of the following conditions:

1.

Said sign is erected and maintained to advertise a use specifically permitted in the zone in which the sign is located, or for a nonconforming use subject to the limitations contained in Sections 401 and 402, nonconforming uses and nonconforming structures, herein.

2.

Said sign is clearly incidental, customary to and commonly associated with the operation of the use.

3.

Said sign is established and controlled under and by the same ownership as the use.

4.

Said sign is limited in location to the premises on which the use is located.

5.

Said sign is limited in subject matter to the name, design, picture or phone number and address of the owner, operator, builder, sales agent, managing agent, lessor or lessee of the premises or of the activities (including merchandise handled or services rendered) on the premises on which such sign is located and does not include any general commercial advertising unrelated to or extending in substantial degree beyond the specifically permitted subjects.

408.3 Exceptions. The following signs shall be exempted from the regulations contained in this section, provided that these exceptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with the provisions of this ordinance or any other law or ordinance regulating the same:

1.

Real estate signs not exceeding 16 square feet in area which advertise the sale, rental or lease of the premises on which said signs are located.

2.

Professional nameplates not exceeding two square feet in area.

3.

Bulletin boards not over 12 square feet in area for public, charitable or religious institutions when same are located on the premises of said institutions.

4.

Signs not over 12 square feet in area denoting the architect, engineer or contractor when placed upon work under construction.

5.

Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

6.

Signs of public service companies which aid to service or safety or warn of danger.

7.

Temporary signs where permitted by the zoning board of adjustment or required by this ordinance or other resolutions or regulations imposed by the mayor and board of aldermen; provided, however, that no such sign may remain in place for any longer than five days after expiration of the permitted time.

8.

Signs on canopy structures other than marquees; provided, however, that such signs may not be illuminated and may contain no lettering or advertising other than the name of the building, the name of the owner or occupant of said building and the street address.

9.

Repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon, unless a structural change is made.

10.

Signs inside a building.

408.4 Permitted signs. The following signs shall be permitted within the residential zones for those purposes as stated only:

408.41 R-1, R-2, R-3, R-4, R-5 and RMHP, residential zones. None, except as outlined in paragraphs [subsection] 408.2 and 408.3. However, in zone R-5 the additional restrictions shall apply.

408.42 C-1 neighborhood commercial zone.

1.

Maximum size of single signs. Thirty-five square feet.

2.

Maximum height above grade at sign. Forty-five feet.

3.

Sign location. No sign shall be placed closer than five feet to the street right-of-way line and shall in no case obstruct the view of traffic or constitute a hazard.

4.

Limitation on number of signs or total area of signs. There shall be no limitation on the number of signs; provided, however, that the total area of all signs for each street frontage of the lot on which the primary permitted use is located shall not exceed 70 square feet.

5.

Other limitations or conditions. Signs shall be neither flashing nor animated and shall be limited in subject matter covered in subparagraph [subsection] 5. of paragraph [subsection] 408.2.

408.43 C-2 highway commercial and C-4 general commercial.

1.

Maximum size of single sign. None.

2.

Maximum height above grade at sign. None.

3.

Sign location. No sign shall be placed in such a manner as to obstruct the view of traffic or create a hazard.

4.

Limitation on number of signs or total area of signs. No limitation on number of signs; provided, however, that the total area of all signs for buildings having a street frontage of 50 feet or more shall not exceed 100 square feet, plus one square foot for each foot of building over 50 feet.

5.

Other limitations. There shall be neither flashing nor animated signs, and shall be limited in subject matter covered in subparagraph [subsection] 5. of paragraph [subsection] 408.2.

408.44 C-3 central business district commercial zone.

1.

Maximum size of single sign. Seventy-five square feet.

2.

Maximum height above grade at sign. No limitation.

3.

Sign location. No sign shall be placed in such a manner as to obstruct the view of traffic or create a hazard.

4.

Limitation on number of signs or total area. None.

408.45 L-1 and L-2 industrial zones. There shall be no limitations, except that no sign shall obstruct the view of traffic or create a hazard.