Norton City Zoning Code

ARTICLE III

- DISTRICT REGULATIONS

Sec. 26.1-11. - Uses—Generally.

In each zone, land and structures may be used only for purposes specified in sections 26.1-13 through 26.1-15.

Sec. 26.1-12. - Compliance with article.

In each zone, each structure hereafter erected or altered shall be provided with the yards specified, shall be on a lot of the area and width specified and shall not exceed the heights specified in this article. No open space or lot required for a building or structure shall during its life be occupied by or counted as open space for another building or structure.

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-13. - Residential districts.

26.1-13-1. A residence zone.

(a)

Purpose and intent. The A residence zone is established to provide for one-family dwellings at a density not to exceed approximately six (6) dwelling units per acre; to allow other selected uses which are compatible with the residential character of the zone; and otherwise to implement the stated purpose and intent of this zoning chapter.

(b)

Permitted uses. In any A residence zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Detached one-family dwellings;

(2)

Churches;

(3)

Schools offering general educational courses;

(4)

Libraries;

(5)

Gardens;

(6)

Nurseries;

(7)

Golf clubs;

(8)

Private clubs not conducted for profit;

(9)

Municipal recreational or water supply uses;

(10)

Accessory uses as set forth in section 26.1-40

(11)

Home occupations as set forth in section 26.1-43

(c)

Uses permissible on appeal. In any A residence zone, as shown on the zoning map, the following uses, provided all structures incidental to such uses are located fifty (50) feet from any property lines, may be permissible on appeal:

(1)

Hospitals;

(2)

Convalescent homes;

(3)

Sanatoriums;

(4)

Philanthropic uses;

(5)

Public utilities;

(6)

General purpose farms;

(7)

Federal or state uses or municipal uses, except as provided in this section.

(d)

Prohibited uses. In any A residence zone, as shown on the zoning map, all uses not specifically permitted in this section shall be prohibited.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

In all A residence zones, as shown on the zoning map, the minimum area of any lot shall be seven thousand five hundred (7,500) square feet.

(5)

In all A residence zones, as shown on the zoning map, the minimum width of any lot shall be seventy-five (75) feet.

(f)

Setbacks.

(1)

In all residential and industrial zones, as shown on the zoning map, there shall be a fifty-foot setback from primary highways; otherwise a twenty-five-foot setback of buildings and structures. Setbacks shall be measured from the street right-of-way.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

For each foot by which a lot of official record at the time of the enactment of this chapter is less than the minimum width required under this chapter, two (2) inches may be deducted from each side yard; provided, that no side yard shall be less than four (4) feet.

(5)

In A residence zones, as shown on the zoning map, the minimum depth of the rear yard for all buildings, except unattached one-story buildings of accessory use, shall be twenty-five (25) feet; and for unattached one-story buildings of accessory use, unless there is a party wall, it shall be five (5) feet.

(6)

In all A residence zones, as shown on the zoning map, the minimum width of the side yard for all buildings, except unattached one-story building of accessory use, shall be ten (10) feet; and for unattached one-story buildings of accessory use, unless there is a party wall, it shall be five (5) feet.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds (⅔) of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may be built to a greater height than permitted in the zone if approved by the fire chief, except that no building shall exceed fifty-five (55) feet or four (4) stories in any residential zone.

(4)

In A residence zones, as shown on the zoning map, the maximum height for any building shall be thirty-five (35) feet, and no building may be more than two and one-half (2½) stories in height.

26.1-13-2. B residence zone.

(a)

Purpose and intent. The B residence zone is established to provide for the mixture of one-family dwellings and manufactured homes on single lots at a density not to exceed approximately eight (8) dwelling units per acre; to allow attached, single-family dwellings and multi-family dwellings at a density not to exceed approximately seventeen (17) dwelling units per acre; to allow other selected uses which are compatible with the mixed residential character of this zone; and otherwise to implement the stated purpose and intent of this zoning chapter.

(b)

Permitted uses. In any B residence zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted in an A residence zone;

(2)

Dwelling houses for not more than six (6) dwelling units in any one (1) detached building or attached group of buildings;

(3)

Manufactured homes on single lots meeting the following requirements:

Compliance with section 26.1-12

No manufactured home below the minimum size of four hundred eighty (480) square feet of gross floor area will be allowed;

The manufactured home shall have the tow assembly and wheels removed and be mounted on and anchored to a permanent foundation in accordance with the provisions of the Virginia Uniform Statewide Building Code;

The manufactured home site shall have a storage area enclosed on all sides, having at least ninety (90) cubic feet and a minimum floor area of twenty (20) square feet and designed to store yard equipment and supplies; the storage area shall be a permanent structure and may be attached or detached from the principal structure. (See definition of structure contained in section 26.1-10.)

(c)

Permissible uses. In any B residence zone, as shown on the zone map, the following uses may be permissible on appeal:

(1)

Any use permissible on appeal in an A residence zone;

(2)

Group housing projects and larger apartment houses;

(3)

Manufactured home park, provided that:

Number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, no manufactured home site shall be designed for direct access to a street outside the boundaries of the manufactured home park, and the interior access drives shall be properly lighted and at least thirty (30) feet in width, hard surfaced and maintained at least twenty (20) feet in width in accord with applicable city specifications and ordinances. All manufactured home sites shall abut interior streets within the manufactured home park;

The topography of the site is such as to facilitate rapid drainage and adequate drainage facilities are provided;

Each manufactured home site shall be at least three thousand five hundred (3,500) square feet in land area for manufactured homes up to fifteen (15) feet wide and four thousand five hundred (4,500) square feet in land area for manufactured homes fifteen (15) feet or more wide;

Each manufactured home site shall be at least thirty-five (35) feet wide for manufactured homes up to fifteen (15) feet wide and forty-five (45) feet wide for manufactured homes fifteen (15) feet or more wide.

In addition to the area and dimension requirements of subsections (3)c. and d. above, the manufactured home park shall include an area equal to ten (10) percent of the total park area or one (1) acre, whichever is greater, exclusive of buffer yards required by subsection (3)f. and road rights-of-way, for community recreation and open space;

Manufactured home sites and structures shall be set back at least fifty (50) feet from any abutting rights-of-way and at least thirty (30) feet from any other abutting property line.

No manufactured home below the minimum size of four hundred eighty (480) square feet of gross floor area will be allowed. The manufactured home shall have the tow assembly and wheels removed and be mounted on and anchored to a permanent foundation in accordance with the provisions of the Virginia Uniform Standards Building Code.

No manufactured home shall be located closer than twenty (20) feet to any other manufactured home or service building, and no part of a manufactured home shall extend closer than ten (10) feet to the boundaries of the individual manufactured home site;

Off-street parking spaces for automobiles shall be provided in the ratio of two (2) spaces per manufactured home in locations convenient to individual manufactured home or groups of manufactured homes;

In a residential zone, accessory signs, in addition to internal directional signs, shall be limited to one (1) flat or detached, nonilluminated or indirectly illuminated sign, with sign area limited to ten (10) square feet and sign height not exceeding ten (10) feet;

Proper provision shall be made for public water supply, sanitary sewers, electrical connections, fire protection, refuse collection, laundry, management and maintenance facilities. Each manufactured home must be connected to the public water and sanitary sewer systems. Water and sanitary facilities are subject to approval by the city health department;

The manufactured home park shall comply with all provisions of this chapter and with other state and local laws and regulations.

(d)

Prohibited uses. In any B residence zone, as shown on the zoning map, all uses not specifically permitted in this section are prohibited.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

In all B residence zones, as shown on the zoning map, the minimum area of any lot shall be five thousand (5,000) square feet, to which shall be added two thousand (2,000) square feet for each family dwelling unit more than one (1) in the same building.

(5)

In all B residence zones, as shown on the zoning map, the minimum width of any lot shall be fifty (50) feet, to which shall be added ten (10) feet for each family dwelling unit more than one (1) in the same building.

(f)

Setbacks.

(1)

In all residential and industrial zones as shown on the zoning map, there shall be a fifty-foot setback from primary highways; otherwise a twenty-five-foot setback of buildings and structures. Setbacks shall be measured from the street right-of-way.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all B residence zones, as shown on the zoning map, the minimum depth of the rear yard for all buildings, except unattached one-story buildings of accessory use, shall be twenty-five (25) feet; and for unattached one-story buildings of accessory use, unless there is a party wall, it shall be five (5) feet.

(6)

In all B residence zones, as shown on the zoning map, the minimum width of the side yards for all buildings, except unattached one-story buildings of accessory use, shall be seven (7) feet; and for unattached one-story buildings of accessory use, unless there is a party wall, it shall be five (5) feet.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

In all B residence zones, as shown on the zoning map, the maximum height for any building shall by forty (40) feet, and no building may be more than three (3) stories in height.

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-14. - Commercial districts.

26.1-14-1. Local business zone.

(a)

Purpose and intent. The local business zone is established to provide for the mixture of one-family dwellings and manufactured homes on single lots, higher density attached, single-family dwellings and multifamily dwellings, neighborhood commercial uses such as grocery stores and filling stations, and other selected uses which are compatible with the mixed residential and commercial character of this zone, in a manner such that they can function as transitional land uses between higher intensity uses and residential uses; and otherwise to implement the stated purpose and intent of this zoning chapter.

(b)

Permitted uses. In any local business zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted or permissible on appeal in a B residence zone except manufactured home parks;

(2)

Apartment houses;

(3)

Grocery stores and drugstores;

(4)

Theaters;

(5)

Meat and fruit markets;

(6)

Filling stations, provided bulk storage of inflammables is underground;

(7)

Automobile parking;

(8)

Barbershops and beauty parlors;

(9)

Offices;

(10)

Hotels and motels;

(11)

Shoe and shoe repair shops.

(c)

Permissible uses. In any local business zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Laundries and dry cleaning;

(2)

Manufactured home parks in accordance with the standards for the manufactured home parks in the B residence zone;

(3)

Any retail business similar to those listed in this subsection which is established for the convenience of the neighboring residents;

(4)

Industrialized office buildings as set forth in section 26.1-46;

(5)

Industrialized office buildings for temporary use as set forth in section 26.1-47;

(d)

Prohibited uses. In any local business zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

Major auto repairs and automobile graveyards;

(2)

Manufacturing;

(3)

Any use detrimental to a neighborhood.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

No minimum lot sizes are prescribed for lots used for business and industry. It is the intent of this chapter that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for the normal operations of the enterprise.

(5)

In all business zones, as shown on the zoning map, the minimum area of any lot for dwellings shall be five thousand (5,000) square feet to which shall be added five hundred (500) square feet for each family dwelling unit more than one (1) in the same building.

(6)

In all business zones, as shown on the zoning map, the minimum width for any lot for dwellings shall be fifty (50) feet.

(f)

Setbacks.

(1)

In all business zones, as shown on the zoning map, there shall be no setback, unless the building is in the same block front as a residential zone and then the setback shall be twenty-five (25) feet.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all business zones, as shown on the zoning map, the minimum depth of the rear yard for all dwellings shall be the same as that required for rear yards in B residence zones.

(6)

In all business zones, as shown on the zoning map, the minimum width of the side yard for all dwellings shall be the same as that required for the side yards in B residence zones.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

In all local business zones, as shown on the zoning map, the maximum height for any building shall be forty (40) feet, and no building may be more than three (3) stories in height.

26.1-14-2. Central business zone.

(a)

Purpose and intent. The central business zone is located primarily in the downtown Park Avenue area and is established to provide for a full range of retail commercial and service uses; to allow for higher density residential and other selected uses which are compatible with the commercial character of the zone; and otherwise to implement the stated purpose and intent of this zoning chapter.

(b)

Permitted uses. In any central business zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted or permissible on appeal in the B residence zone or local business zone, except manufactured home parks, industrialized office buildings and industrialized office buildings for temporary use;

(2)

Automobile parking lots and parking garages;

(3)

Automobile sales and service;

(4)

Banks;

(5)

Business and professional offices and office buildings;

(6)

Stores and shops for retail sale in completely enclosed buildings of food, drugs, liquor, general merchandise, apparel, furniture, appliances, art, antiques, books, stationery, sporting goods and similar sales establishments;

(7)

Amusement places, billiard parlors or bowling alleys, meeting places and theaters, except open-air drive-in theaters, in a completely enclosed building;

(8)

Barbershops, beauty parlors, chiropody, massage or similar personal service shops or uses;

(9)

Business or professional schools;

(10)

Clothing and costume rental stores;

(11)

Employment agencies;

(12)

Filling stations, provided bulk storage of inflammables is underground;

(13)

Funeral homes;

(14)

Hotels and motels;

(15)

Laboratories, medical and dental;

(16)

Manufacture, repair and service of jewelry, art objects, art needlework, watches and fine instruments, optical, dental and medical equipment and similar products where the ratio of value to weight is high;

(17)

Printing, publishing and engraving establishments, including blueprinting and photostating;

(18)

Radio and television stations and studios or recording studios, but not towers more than one hundred twenty-five (125) feet in height;

(19)

Repair and maintenance of business machines and office equipment;

(20)

Valet service shops, including shoe repairs, minor repair of garments, cleaning and pressing services, and laundry pickup services;

(21)

Wholesale display and sales of merchandise, but not warehousing.

(c)

Permissible uses. In any central business zone, as shown on the zoning map, the following uses may be permissible on appeal: manufacturing incidental to a retail business where articles are sold at retail on the premises and where not more than five (5) operatives are employed in such manufacturing.

(d)

Prohibited uses. In any central business zone, as shown on the zoning map, all uses not specifically permitted in this section shall be prohibited.

(e)

Special exceptions. The city council may grant a special exception permit only to participants in the city downtown improvement program and may impose such conditions relating to the use as it may deem necessary in the public interest, to ensure compliance with standards designed to protect commercial properties in the downtown storefront improvement area.

(1)

To modify the setback regulations as pertains to the south side of Park Avenue as set forth in section 14-2(f).

(2)

To grant special use exceptions for sidewalk encroachments by awnings, facades and similar improvements, by special license permit;

(3)

Such special use exceptions shall not be granted if they would have an adverse impact on surrounding property;

(4)

Such special use exceptions shall be granted only if in harmony and necessary or desirable in view of the special circumstances of the city's downtown storefront improvement program and the city's comprehensive plan;

(5)

The city council may require a guaranty or bond to ensure the conditions imposed are being and will continue to be complied with;

(6)

No special exception shall be granted except after notice and hearing of intention to do so has been published for two (2) successive weeks in a newspaper of general circulation in the city, specifying the time and place of hearing, at which persons affected may appear and present their views, not less than six (6) and not more than twenty-one (21) days after the second advertisement in such newspaper;

(7)

The city council shall seek the advice and recommendation of the downtown storefront committee prior to granting a special exception.

(f)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(6)

In all business zones, as shown on the zoning map, the minimum width for any lot for dwellings shall be fifty (50) feet.

(g)

Setbacks.

(1)

In all business zones, as shown on the zoning map, there shall be no setback, unless the building is in the same block front as a residential zone and then the setbacks shall be twenty-five (25) feet.

(2)

On the south side of Park Avenue in the central and general business zones there shall be a twelve-foot setback from the street right-of-way.

(h)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all business zones, as shown on the zoning map, the minimum depth of the rear yard for all dwellings shall be the same as that required for rear yards in B residence zones.

(6)

In all business zones, as shown on the zoning map, the minimum width of the side yard for all dwellings shall be the same as that required for the side yards in B residence zones.

(i)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limits.

(3)

Churches, schools, hospitals, sanatoriums and other buildings may be built to a greater height than permitted in the zone if approved by the fire chief, except that no building shall exceed fifty-five (55) feet or four (4) stories in any residential zone.

(4)

In all general and central business zones and industrial zones, as shown on the zoning map, maximum height for buildings is not limited except that heights above four (4) stories shall be subject to approval of the fire chief.

26.1-14-3. General business zone.

(a)

Purpose and intent. The general business zone is established to provide locations on heavily traveled collector and arterial highways for a full range of retail commercial, service and office uses, as well as higher density residential developments which are oriented to the automobile, require large land areas and good access and do not depend upon adjoining uses for reasons of comparison shopping or pedestrian trade; and otherwise to implement the stated purpose and intent of this zoning chapter.

(b)

Permitted uses. In any general business zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted or permissible on appeal in a central business zone;

(2)

Auto repair shops and other motor vehicular services;

(3)

Places of amusement and assembly;

(4)

Any retail or wholesale business or service not specifically restricted or prohibited in this section.

(c)

Permissible uses. In any general business zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Industrialized office buildings as set forth, in section 26.1-46.

(2)

Industrialized office buildings for temporary use as set forth in section 26.1-47.

(d)

Prohibited uses. In any general business zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

Manufacture or refining of ammonia; bleaching powder; chlorine; asphalt; brick; terra cotta; tile or pottery (except in handicrafts); cement; gypsum; lime; plaster of paris; coke; creosote; dextrin; glucose; starch; dye; explosives and fireworks; fertilizer; fuel gas or illuminating gas in excess of one thousand (1,000) cubic feet per day except in a municipal or public service plant; gelatin or glue or size from fish or animal refuse or offal; hair; hydrochloric, nitric, picric, sulfuric and sulphurous acid; lampblack, linoleum or oil cloth; matches; pyroxylin or articles thereof; rubber or treatment thereof involving offensive odor, tar, turpentine or varnish;

(2)

Storage of explosives or fireworks in excess of five hundred (500) pounds, storage of fuel gas or illuminating gas in excess of ten thousand (10,000) cubic feet except in a municipal or public service plant, and the storage of pyroxylin or articles thereof in excess of five hundred (500) pounds;

(3)

Blast furnaces;

(4)

Coalyards, junkyards or woodyards;

(5)

Distillation of bones, coal, wood or tar or manufacture of any of their products;

(6)

Drop forges;

(7)

Fat, grease, lard or tallow manufacturing, refining or rendering;

(8)

Flour mills or grist mills;

(9)

Hot rolling mills;

(10)

Incineration, reduction of dumpings of dead animals, garbage, offal or refuse, except by the city or the agents of the city or when accumulated and consumed on the same premises without the emission of odor;

(11)

Lumberyards and mills;

(12)

Production or refining of petroleum or other inflammable liquids and the storage of raw hides or skins;

(13)

Slaughtering or eviscerating plants or stockyards;

(14)

Tanning, curing or storage of raw hides or skins;

(15)

Any other use detrimental to a neighborhood because of odor, smoke, dust, fumes, fire, vibration or hazardous because of danger of fire or explosion.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(6)

In all business zones, as shown on the zoning map, the minimum width for any lot for dwellings shall be fifty (50) feet.

(f)

Setbacks.

(1)

In all business zones, as shown on the zoning map, there shall be no setback, unless the building is in the same block front as a residential zone and then the setback shall be twenty-five (25) feet.

(2)

On the south side of Park Avenue in the central and general business zones there shall be a twelve-foot setback from the street right-of-way.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all business zones, as shown on the zoning map, the minimum depth of the rear yard for all dwellings shall be the same as that required for rear yards in B residence zones.

(6)

In all business zones, as shown on the zoning map, the minimum width of the side yard for all dwelling shall be the same as that required for the side yards in B residence zones.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-15. - Industrial districts.

26.1-15-1. Light industrial zone.

(a)

Purpose and intent. The light industrial zone is established to provide areas where a wide range of industrial and industrially-oriented commercial activities may locate. Uses allowed in this zone shall operate to minimize the impact of noise, smoke, glare and other environmental pollutants on uses within the zone and on the neighboring lands of higher environmental quality. The business and commercial activities allowed in the zone will be those which provide services and supplies primarily to industrial companies, those which engage in wholesale operations, and those which are associated with warehouse establishments. The light industrial zone is also established to implement the stated purpose and intent of this zoning chapter.

(b)

Permitted uses. In any light industrial zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any retail or wholesale business or service permitted in a general business zone, except dwellings other than that of watchmen and caretakers, industrialized office building and industrialized office buildings for temporary use;

(2)

The manufacture, storage or handling of products that are not dangerous or offensive because of odor, dust, fire, explosion or other reasons and which employ processes or equipment that do not produce objectionable noise, vibration, glare, smoke, gas, waste or the like. Permitted uses are generally wholesale and retail trade, service industries, and light industries that manufacture, process, store and distribute goods and materials and are in general dependent on raw materials refined elsewhere;

(3)

Laboratories, freight stations, railroad yards, utility yards, shops and other installations; blacksmith and welding shops; coalyards and woodyards; flour or grist mills; lumberyards or mills; and brick, terra cotta or tile manufacture.

(c)

Permissible uses. In any light industrial zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Industrialized office buildings as set forth in section 26.1-46;

(2)

Industrialized office buildings for temporary use as set forth in section 26.1-47.

(d)

Prohibited uses. In any light industrial zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

Manufacture or refining of ammonia; bleaching powder; chlorine; asphalt; cement; gypsum; lime; plaster of paris; coke; creosote; dextrin; glucose; starch; dye, explosives and fireworks; fertilizer; fuel gas or illuminating gas in excess of one thousand (1,000) cubic feet per day except in a municipal or public service plant; gelatin, glue or size from fish or animal refuse or offal; hair; hydrochloric, nitric, picric, sulfuric or sulphurous acid; lampblack, linoleum or oil cloth; matches; pyroxylin or articles thereof; rubber or treatment thereof involving offensive odor, tar, turpentine and varnish;

(2)

Storage of explosives or fireworks in excess of five hundred (500) pounds, storage of fuel gas or illuminating gas in excess often thousand (10,000) cubic feet except in a municipal or public service plant, and the storage of pyroxylin or articles thereof in excess of five hundred (500) pounds;

(3)

Blast furnaces;

(4)

Distillation of bones, coal, wood or tar or manufacture of any of their products;

(5)

Drop forges;

(6)

Fat, grease, lard or tallow manufacturing, refining or rendering;

(7)

(8)

Production or refining of petroleum or other inflammable liquids and the storage of raw hides or skins;

(9)

Slaughtering or eviscerating plants or stockyards;

(10)

Tanning, curing or storage of raw hides or skins;

(11)

Any other use detrimental to a neighborhood because of odor, smoke, dust, fumes, fire, vibration or hazardous because of danger of fire or explosion;

(12)

Home occupations as set forth in section 26.1-43.

(e)

Area, frontage and width regulations.

(1)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(2)

(f)

Setbacks.

(1)

In all residential and industrial zones as shown on the zoning map there shall be a fifty-foot setback from primary highways; otherwise a twenty-five-foot setback of buildings and structures. Setbacks shall be measured from the street right-of-way.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yards.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may be built to a greater height than permitted in the zone if approved by the fire chief.

(4)

26.1-15-2. Heavy industrial zone.

(a)

Purpose and intent. The heavy industrial zone is established to provide areas for heavy industrial activities where the uses may require that some noise, vibration and other environmental pollutants must be tolerated, and where the traffic to and from the zone may be intensive. This zone is intended for use by the largest manufacturing operations, heavy equipment, construction and fuel yards, major transportation terminals and other basic industrial activities required by a regional economy. The heavy industrial zone is also established to implement the stated purpose and intent of this zoning chapter.

(b)

Permitted uses. In any heavy industrial zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted in a light industrial zone and not specifically prohibited in this section;

(2)

Industrial operations for the manufacture, compounding, processing, packaging or treatment of chemicals, petroleum, coal and allied products; clay, stone, and glass products; food and beverages, metal and metal products, textiles, fibers and bedding; wood and paper products, rubber and paint products and any similar industrial uses which are not likely to create any offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences and are not in conflict with any state law or provision of this Code or other ordinance.

(c)

Permissible uses. In a heavy industrial zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Manufacture or refining of ammonia; bleaching powder; chlorine; cement; gypsum; lime; plaster of paris; coke; creosote; dextrin; glucose; starch; dye; explosives and fireworks; fertilizer; fuel gas or illuminating gas in excess of one thousand (1,000) cubic feet per day except in a municipal or public service plant; gelatin, glue or size from fish or animal refuse or offal; hair; hydrochloric; nitric, picric, sulfuric and sulphurous acid; lampblack, linoleum or oil cloth; matches, pyroxylin or articles thereof; rubber or treatment thereof involving offensive odor, tar, turpentine or varnish;

(2)

Storage of explosives and fireworks in excess of five hundred (500) pounds, storage of fuel gas or illuminating gas in excess of ten thousand (10,000) cubic feet except in a municipal or public service plant, and the storage of pyroxylin or articles thereof in excess of five hundred (500) pounds (all such storage must comply with the NFPA Life Safety Code, as amended);

(3)

Blast furnaces;

(4)

Distillation of bones, coal, wood or tar or manufacture of any of their products;

(5)

Drop forges;

(6)

Fat, grease, lard or tallow manufacturing, refining or rendering;

(7)

(8)

Slaughtering or eviscerating plants or stockyards;

(9)

Tanning, curing or storage of raw hides or skins;

(10)

Any other use detrimental to a neighborhood because of odor, smoke, dust, fumes, fire, vibration or hazardous because of danger of fire or explosion.

(d)

Prohibited uses. In any heavy industrial zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

Dwellings;

(2)

Junkyards;

(3)

Home occupations as set forth in section 26.1-43.

(e)

Area, frontage and width regulations.

(1)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(2)

(f)

Setbacks.

(1)

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yards.

(h)

Height.

(1)

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may be built to a greater height than permitted in the zone if approved by the fire chief.

(4)

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-16. - R-CR conservation and recreation zone.

(a)

Purpose and intent. The R-CR zone is established to protect environmentally sensitive areas of the city that also have significant value for passive and active recreational activities. Permitted uses within this zone encourage the most appropriate conservation/recreation activities for these areas: however, some forms of development are allowed under prescribed criteria.

(b)

Permitted uses. In the R-CR zone as shown of the zoning map, the following uses shall be permitted.

(1)

Public parks.

(2)

Public activities related to the preservation and conservation of natural and/or historical resources.

(3)

Agriculture and agricultural production, including raising crops, forestry, horticulture and gardening.

(4)

Public uses.

(5)

Single-family detached dwellings.

(6)

Home occupations as set forth in section 26.1-43.

(7)

Municipal uses and structures.

(8)

Accessory uses as set forth in section 26.1-40.

(c)

Uses permissible on appeal. In any R-CR zone, as shown on the zoning map, the following uses, provided all structures incidental to such uses are located fifty (50) feet from property lines, may be permissible on appeal:

(1)

Club houses for private clubs.

(2)

Private campgrounds.

(3)

Golf courses and driving ranges.

(4)

Bed and breakfast facilities.

(5)

Residential subdivisions as set forth in the subdivision ordinance.

(d)

Prohibited uses. In any R-CR zone, as shown on the zoning map, all uses not specifically permitted in this section shall be prohibited.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lots widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

In all R-CR zones, as shown on the zoning map, the minimum area of any lot shall be eighty seven thousand one hundred twenty (87,120) square feet.

(5)

In all R-CR zones, as shown on the zoning map, the minimum width of any lot shall be two hundred (200) feet.

(f)

Setbacks.

(1)

In the R-CR zone, as shown on the zoning map, there shall be a fifty-foot setback from highways. Setbacks shall be measured from the street right-of-way.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In the R-CR zone for lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In R-CR zones, as shown on the zoning map, the minimum depth of the rear yard for all buildings, except unattached one-story buildings of accessory use, shall be fifty (50) feet; and for unattached one-story buildings of accessory use, unless there is a party wall, it shall be ten (10) feet.

(6)

In all R-CR zones, as shown on the zoning map, the minimum width of the side yard for all buildings, except unattached one-story buildings of accessory use, shall be fifty (50) feet; and for unattached one-story buildings of accessory use, unless there is a party wall, it shall be ten (10) feet.

(h)

Height.

(1)

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

In R-CR zones, as shown on the zoning map, the maximum height for any building shall be thirty-five (35) feet, and no building may be more than two and one-half (2½) stories in height.

(Ord. of 1-5-16, § 1(Exh. A)

Norton City Zoning Code

ARTICLE III

- DISTRICT REGULATIONS

Sec. 26.1-11. - Uses—Generally.

In each zone, land and structures may be used only for purposes specified in sections 26.1-13 through 26.1-15.

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-12. - Compliance with article.

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-13. - Residential districts.

26.1-13-1. A residence zone.

(a)

(b)

Permitted uses. In any A residence zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Detached one-family dwellings;

(2)

Churches;

(3)

Schools offering general educational courses;

(4)

Libraries;

(5)

Gardens;

(6)

Nurseries;

(7)

Golf clubs;

(8)

Private clubs not conducted for profit;

(9)

Municipal recreational or water supply uses;

(10)

Accessory uses as set forth in section 26.1-40

(11)

Home occupations as set forth in section 26.1-43

(c)

(1)

Hospitals;

(2)

Convalescent homes;

(3)

Sanatoriums;

(4)

Philanthropic uses;

(5)

Public utilities;

(6)

General purpose farms;

(7)

Federal or state uses or municipal uses, except as provided in this section.

(d)

Prohibited uses. In any A residence zone, as shown on the zoning map, all uses not specifically permitted in this section shall be prohibited.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

In all A residence zones, as shown on the zoning map, the minimum area of any lot shall be seven thousand five hundred (7,500) square feet.

(5)

In all A residence zones, as shown on the zoning map, the minimum width of any lot shall be seventy-five (75) feet.

(f)

Setbacks.

(1)

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

(6)

(h)

Height.

(1)

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

In A residence zones, as shown on the zoning map, the maximum height for any building shall be thirty-five (35) feet, and no building may be more than two and one-half (2½) stories in height.

26.1-13-2. B residence zone.

(a)

(b)

Permitted uses. In any B residence zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted in an A residence zone;

(2)

Dwelling houses for not more than six (6) dwelling units in any one (1) detached building or attached group of buildings;

(3)

Manufactured homes on single lots meeting the following requirements:

Compliance with section 26.1-12

No manufactured home below the minimum size of four hundred eighty (480) square feet of gross floor area will be allowed;

(c)

Permissible uses. In any B residence zone, as shown on the zone map, the following uses may be permissible on appeal:

(1)

Any use permissible on appeal in an A residence zone;

(2)

Group housing projects and larger apartment houses;

(3)

Manufactured home park, provided that:

The topography of the site is such as to facilitate rapid drainage and adequate drainage facilities are provided;

Manufactured home sites and structures shall be set back at least fifty (50) feet from any abutting rights-of-way and at least thirty (30) feet from any other abutting property line.

The manufactured home park shall comply with all provisions of this chapter and with other state and local laws and regulations.

(d)

Prohibited uses. In any B residence zone, as shown on the zoning map, all uses not specifically permitted in this section are prohibited.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(f)

Setbacks.

(1)

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

(6)

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

In all B residence zones, as shown on the zoning map, the maximum height for any building shall by forty (40) feet, and no building may be more than three (3) stories in height.

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-14. - Commercial districts.

26.1-14-1. Local business zone.

(a)

(b)

Permitted uses. In any local business zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted or permissible on appeal in a B residence zone except manufactured home parks;

(2)

Apartment houses;

(3)

Grocery stores and drugstores;

(4)

Theaters;

(5)

Meat and fruit markets;

(6)

Filling stations, provided bulk storage of inflammables is underground;

(7)

Automobile parking;

(8)

Barbershops and beauty parlors;

(9)

Offices;

(10)

Hotels and motels;

(11)

Shoe and shoe repair shops.

(c)

Permissible uses. In any local business zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Laundries and dry cleaning;

(2)

Manufactured home parks in accordance with the standards for the manufactured home parks in the B residence zone;

(3)

Any retail business similar to those listed in this subsection which is established for the convenience of the neighboring residents;

(4)

Industrialized office buildings as set forth in section 26.1-46;

(5)

Industrialized office buildings for temporary use as set forth in section 26.1-47;

(d)

Prohibited uses. In any local business zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

Major auto repairs and automobile graveyards;

(2)

Manufacturing;

(3)

Any use detrimental to a neighborhood.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(6)

In all business zones, as shown on the zoning map, the minimum width for any lot for dwellings shall be fifty (50) feet.

(f)

Setbacks.

(1)

In all business zones, as shown on the zoning map, there shall be no setback, unless the building is in the same block front as a residential zone and then the setback shall be twenty-five (25) feet.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all business zones, as shown on the zoning map, the minimum depth of the rear yard for all dwellings shall be the same as that required for rear yards in B residence zones.

(6)

In all business zones, as shown on the zoning map, the minimum width of the side yard for all dwellings shall be the same as that required for the side yards in B residence zones.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

In all local business zones, as shown on the zoning map, the maximum height for any building shall be forty (40) feet, and no building may be more than three (3) stories in height.

26.1-14-2. Central business zone.

(a)

(b)

Permitted uses. In any central business zone, as shown on the zoning map, the following uses shall be permitted:

(1)

(2)

Automobile parking lots and parking garages;

(3)

Automobile sales and service;

(4)

Banks;

(5)

Business and professional offices and office buildings;

(6)

(7)

Amusement places, billiard parlors or bowling alleys, meeting places and theaters, except open-air drive-in theaters, in a completely enclosed building;

(8)

Barbershops, beauty parlors, chiropody, massage or similar personal service shops or uses;

(9)

Business or professional schools;

(10)

Clothing and costume rental stores;

(11)

Employment agencies;

(12)

Filling stations, provided bulk storage of inflammables is underground;

(13)

Funeral homes;

(14)

Hotels and motels;

(15)

Laboratories, medical and dental;

(16)

(17)

Printing, publishing and engraving establishments, including blueprinting and photostating;

(18)

Radio and television stations and studios or recording studios, but not towers more than one hundred twenty-five (125) feet in height;

(19)

Repair and maintenance of business machines and office equipment;

(20)

Valet service shops, including shoe repairs, minor repair of garments, cleaning and pressing services, and laundry pickup services;

(21)

Wholesale display and sales of merchandise, but not warehousing.

(c)

(d)

Prohibited uses. In any central business zone, as shown on the zoning map, all uses not specifically permitted in this section shall be prohibited.

(e)

(1)

To modify the setback regulations as pertains to the south side of Park Avenue as set forth in section 14-2(f).

(2)

To grant special use exceptions for sidewalk encroachments by awnings, facades and similar improvements, by special license permit;

(3)

Such special use exceptions shall not be granted if they would have an adverse impact on surrounding property;

(4)

(5)

The city council may require a guaranty or bond to ensure the conditions imposed are being and will continue to be complied with;

(6)

(7)

The city council shall seek the advice and recommendation of the downtown storefront committee prior to granting a special exception.

(f)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(6)

In all business zones, as shown on the zoning map, the minimum width for any lot for dwellings shall be fifty (50) feet.

(g)

Setbacks.

(1)

(2)

On the south side of Park Avenue in the central and general business zones there shall be a twelve-foot setback from the street right-of-way.

(h)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all business zones, as shown on the zoning map, the minimum depth of the rear yard for all dwellings shall be the same as that required for rear yards in B residence zones.

(6)

In all business zones, as shown on the zoning map, the minimum width of the side yard for all dwellings shall be the same as that required for the side yards in B residence zones.

(i)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limits.

(3)

(4)

26.1-14-3. General business zone.

(a)

(b)

Permitted uses. In any general business zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted or permissible on appeal in a central business zone;

(2)

Auto repair shops and other motor vehicular services;

(3)

Places of amusement and assembly;

(4)

Any retail or wholesale business or service not specifically restricted or prohibited in this section.

(c)

Permissible uses. In any general business zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Industrialized office buildings as set forth, in section 26.1-46.

(2)

Industrialized office buildings for temporary use as set forth in section 26.1-47.

(d)

Prohibited uses. In any general business zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

(2)

(3)

Blast furnaces;

(4)

Coalyards, junkyards or woodyards;

(5)

Distillation of bones, coal, wood or tar or manufacture of any of their products;

(6)

Drop forges;

(7)

Fat, grease, lard or tallow manufacturing, refining or rendering;

(8)

Flour mills or grist mills;

(9)

Hot rolling mills;

(10)

(11)

Lumberyards and mills;

(12)

Production or refining of petroleum or other inflammable liquids and the storage of raw hides or skins;

(13)

Slaughtering or eviscerating plants or stockyards;

(14)

Tanning, curing or storage of raw hides or skins;

(15)

Any other use detrimental to a neighborhood because of odor, smoke, dust, fumes, fire, vibration or hazardous because of danger of fire or explosion.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(6)

In all business zones, as shown on the zoning map, the minimum width for any lot for dwellings shall be fifty (50) feet.

(f)

Setbacks.

(1)

In all business zones, as shown on the zoning map, there shall be no setback, unless the building is in the same block front as a residential zone and then the setback shall be twenty-five (25) feet.

(2)

On the south side of Park Avenue in the central and general business zones there shall be a twelve-foot setback from the street right-of-way.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all business zones, as shown on the zoning map, the minimum depth of the rear yard for all dwellings shall be the same as that required for rear yards in B residence zones.

(6)

In all business zones, as shown on the zoning map, the minimum width of the side yard for all dwelling shall be the same as that required for the side yards in B residence zones.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-15. - Industrial districts.

26.1-15-1. Light industrial zone.

(a)

(b)

Permitted uses. In any light industrial zone, as shown on the zoning map, the following uses shall be permitted:

(1)

(2)

(3)

(c)

Permissible uses. In any light industrial zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Industrialized office buildings as set forth in section 26.1-46;

(2)

Industrialized office buildings for temporary use as set forth in section 26.1-47.

(d)

Prohibited uses. In any light industrial zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

(2)

Storage of explosives or fireworks in excess of five hundred (500) pounds, storage of fuel gas or illuminating gas in excess often thousand (10,000) cubic feet except in a municipal or public service plant, and the storage of pyroxylin or articles thereof in excess of five hundred (500) pounds;

(3)

Blast furnaces;

(4)

Distillation of bones, coal, wood or tar or manufacture of any of their products;

(5)

Drop forges;

(6)

Fat, grease, lard or tallow manufacturing, refining or rendering;

(7)

(8)

Production or refining of petroleum or other inflammable liquids and the storage of raw hides or skins;

(9)

Slaughtering or eviscerating plants or stockyards;

(10)

Tanning, curing or storage of raw hides or skins;

(11)

Any other use detrimental to a neighborhood because of odor, smoke, dust, fumes, fire, vibration or hazardous because of danger of fire or explosion;

(12)

Home occupations as set forth in section 26.1-43.

(e)

Area, frontage and width regulations.

(1)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(2)

(f)

Setbacks.

(1)

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yards.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may be built to a greater height than permitted in the zone if approved by the fire chief.

(4)

26.1-15-2. Heavy industrial zone.

(a)

(b)

Permitted uses. In any heavy industrial zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted in a light industrial zone and not specifically prohibited in this section;

(2)

(c)

Permissible uses. In a heavy industrial zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

(2)

(3)

Blast furnaces;

(4)

Distillation of bones, coal, wood or tar or manufacture of any of their products;

(5)

Drop forges;

(6)

Fat, grease, lard or tallow manufacturing, refining or rendering;

(7)

(8)

Slaughtering or eviscerating plants or stockyards;

(9)

Tanning, curing or storage of raw hides or skins;

(10)

Any other use detrimental to a neighborhood because of odor, smoke, dust, fumes, fire, vibration or hazardous because of danger of fire or explosion.

(d)

Prohibited uses. In any heavy industrial zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

Dwellings;

(2)

Junkyards;

(3)

Home occupations as set forth in section 26.1-43.

(e)

Area, frontage and width regulations.

(1)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(2)

(f)

Setbacks.

(1)

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yards.

(h)

Height.

(1)

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may be built to a greater height than permitted in the zone if approved by the fire chief.

(4)

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-16. - R-CR conservation and recreation zone.

(a)

(b)

Permitted uses. In the R-CR zone as shown of the zoning map, the following uses shall be permitted.

(1)

Public parks.

(2)

Public activities related to the preservation and conservation of natural and/or historical resources.

(3)

Agriculture and agricultural production, including raising crops, forestry, horticulture and gardening.

(4)

Public uses.

(5)

Single-family detached dwellings.

(6)

Home occupations as set forth in section 26.1-43.

(7)

Municipal uses and structures.

(8)

Accessory uses as set forth in section 26.1-40.

(c)

(1)

Club houses for private clubs.

(2)

Private campgrounds.

(3)

Golf courses and driving ranges.

(4)

Bed and breakfast facilities.

(5)

Residential subdivisions as set forth in the subdivision ordinance.

(d)

Prohibited uses. In any R-CR zone, as shown on the zoning map, all uses not specifically permitted in this section shall be prohibited.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lots widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

In all R-CR zones, as shown on the zoning map, the minimum area of any lot shall be eighty seven thousand one hundred twenty (87,120) square feet.

(5)

In all R-CR zones, as shown on the zoning map, the minimum width of any lot shall be two hundred (200) feet.

(f)

Setbacks.

(1)

In the R-CR zone, as shown on the zoning map, there shall be a fifty-foot setback from highways. Setbacks shall be measured from the street right-of-way.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In the R-CR zone for lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

(6)

(h)

Height.

(1)

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

In R-CR zones, as shown on the zoning map, the maximum height for any building shall be thirty-five (35) feet, and no building may be more than two and one-half (2½) stories in height.

(Ord. of 1-5-16, § 1(Exh. A)

Norton City Zoning Code

ARTICLE III

- DISTRICT REGULATIONS

Sec. 26.1-11. - Uses—Generally.

In each zone, land and structures may be used only for purposes specified in sections 26.1-13 through 26.1-15.

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-12. - Compliance with article.

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-13. - Residential districts.

26.1-13-1. A residence zone.

(a)

(b)

Permitted uses. In any A residence zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Detached one-family dwellings;

(2)

Churches;

(3)

Schools offering general educational courses;

(4)

Libraries;

(5)

Gardens;

(6)

Nurseries;

(7)

Golf clubs;

(8)

Private clubs not conducted for profit;

(9)

Municipal recreational or water supply uses;

(10)

Accessory uses as set forth in section 26.1-40

(11)

Home occupations as set forth in section 26.1-43

(c)

(1)

Hospitals;

(2)

Convalescent homes;

(3)

Sanatoriums;

(4)

Philanthropic uses;

(5)

Public utilities;

(6)

General purpose farms;

(7)

Federal or state uses or municipal uses, except as provided in this section.

(d)

Prohibited uses. In any A residence zone, as shown on the zoning map, all uses not specifically permitted in this section shall be prohibited.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

In all A residence zones, as shown on the zoning map, the minimum area of any lot shall be seven thousand five hundred (7,500) square feet.

(5)

In all A residence zones, as shown on the zoning map, the minimum width of any lot shall be seventy-five (75) feet.

(f)

Setbacks.

(1)

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

(6)

(h)

Height.

(1)

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

In A residence zones, as shown on the zoning map, the maximum height for any building shall be thirty-five (35) feet, and no building may be more than two and one-half (2½) stories in height.

26.1-13-2. B residence zone.

(a)

(b)

Permitted uses. In any B residence zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted in an A residence zone;

(2)

Dwelling houses for not more than six (6) dwelling units in any one (1) detached building or attached group of buildings;

(3)

Manufactured homes on single lots meeting the following requirements:

Compliance with section 26.1-12

No manufactured home below the minimum size of four hundred eighty (480) square feet of gross floor area will be allowed;

(c)

Permissible uses. In any B residence zone, as shown on the zone map, the following uses may be permissible on appeal:

(1)

Any use permissible on appeal in an A residence zone;

(2)

Group housing projects and larger apartment houses;

(3)

Manufactured home park, provided that:

The topography of the site is such as to facilitate rapid drainage and adequate drainage facilities are provided;

Manufactured home sites and structures shall be set back at least fifty (50) feet from any abutting rights-of-way and at least thirty (30) feet from any other abutting property line.

The manufactured home park shall comply with all provisions of this chapter and with other state and local laws and regulations.

(d)

Prohibited uses. In any B residence zone, as shown on the zoning map, all uses not specifically permitted in this section are prohibited.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(f)

Setbacks.

(1)

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

(6)

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

In all B residence zones, as shown on the zoning map, the maximum height for any building shall by forty (40) feet, and no building may be more than three (3) stories in height.

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-14. - Commercial districts.

26.1-14-1. Local business zone.

(a)

(b)

Permitted uses. In any local business zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted or permissible on appeal in a B residence zone except manufactured home parks;

(2)

Apartment houses;

(3)

Grocery stores and drugstores;

(4)

Theaters;

(5)

Meat and fruit markets;

(6)

Filling stations, provided bulk storage of inflammables is underground;

(7)

Automobile parking;

(8)

Barbershops and beauty parlors;

(9)

Offices;

(10)

Hotels and motels;

(11)

Shoe and shoe repair shops.

(c)

Permissible uses. In any local business zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Laundries and dry cleaning;

(2)

Manufactured home parks in accordance with the standards for the manufactured home parks in the B residence zone;

(3)

Any retail business similar to those listed in this subsection which is established for the convenience of the neighboring residents;

(4)

Industrialized office buildings as set forth in section 26.1-46;

(5)

Industrialized office buildings for temporary use as set forth in section 26.1-47;

(d)

Prohibited uses. In any local business zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

Major auto repairs and automobile graveyards;

(2)

Manufacturing;

(3)

Any use detrimental to a neighborhood.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(6)

In all business zones, as shown on the zoning map, the minimum width for any lot for dwellings shall be fifty (50) feet.

(f)

Setbacks.

(1)

In all business zones, as shown on the zoning map, there shall be no setback, unless the building is in the same block front as a residential zone and then the setback shall be twenty-five (25) feet.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all business zones, as shown on the zoning map, the minimum depth of the rear yard for all dwellings shall be the same as that required for rear yards in B residence zones.

(6)

In all business zones, as shown on the zoning map, the minimum width of the side yard for all dwellings shall be the same as that required for the side yards in B residence zones.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

In all local business zones, as shown on the zoning map, the maximum height for any building shall be forty (40) feet, and no building may be more than three (3) stories in height.

26.1-14-2. Central business zone.

(a)

(b)

Permitted uses. In any central business zone, as shown on the zoning map, the following uses shall be permitted:

(1)

(2)

Automobile parking lots and parking garages;

(3)

Automobile sales and service;

(4)

Banks;

(5)

Business and professional offices and office buildings;

(6)

(7)

Amusement places, billiard parlors or bowling alleys, meeting places and theaters, except open-air drive-in theaters, in a completely enclosed building;

(8)

Barbershops, beauty parlors, chiropody, massage or similar personal service shops or uses;

(9)

Business or professional schools;

(10)

Clothing and costume rental stores;

(11)

Employment agencies;

(12)

Filling stations, provided bulk storage of inflammables is underground;

(13)

Funeral homes;

(14)

Hotels and motels;

(15)

Laboratories, medical and dental;

(16)

(17)

Printing, publishing and engraving establishments, including blueprinting and photostating;

(18)

Radio and television stations and studios or recording studios, but not towers more than one hundred twenty-five (125) feet in height;

(19)

Repair and maintenance of business machines and office equipment;

(20)

Valet service shops, including shoe repairs, minor repair of garments, cleaning and pressing services, and laundry pickup services;

(21)

Wholesale display and sales of merchandise, but not warehousing.

(c)

(d)

Prohibited uses. In any central business zone, as shown on the zoning map, all uses not specifically permitted in this section shall be prohibited.

(e)

(1)

To modify the setback regulations as pertains to the south side of Park Avenue as set forth in section 14-2(f).

(2)

To grant special use exceptions for sidewalk encroachments by awnings, facades and similar improvements, by special license permit;

(3)

Such special use exceptions shall not be granted if they would have an adverse impact on surrounding property;

(4)

(5)

The city council may require a guaranty or bond to ensure the conditions imposed are being and will continue to be complied with;

(6)

(7)

The city council shall seek the advice and recommendation of the downtown storefront committee prior to granting a special exception.

(f)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(6)

In all business zones, as shown on the zoning map, the minimum width for any lot for dwellings shall be fifty (50) feet.

(g)

Setbacks.

(1)

(2)

On the south side of Park Avenue in the central and general business zones there shall be a twelve-foot setback from the street right-of-way.

(h)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all business zones, as shown on the zoning map, the minimum depth of the rear yard for all dwellings shall be the same as that required for rear yards in B residence zones.

(6)

In all business zones, as shown on the zoning map, the minimum width of the side yard for all dwellings shall be the same as that required for the side yards in B residence zones.

(i)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limits.

(3)

(4)

26.1-14-3. General business zone.

(a)

(b)

Permitted uses. In any general business zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted or permissible on appeal in a central business zone;

(2)

Auto repair shops and other motor vehicular services;

(3)

Places of amusement and assembly;

(4)

Any retail or wholesale business or service not specifically restricted or prohibited in this section.

(c)

Permissible uses. In any general business zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Industrialized office buildings as set forth, in section 26.1-46.

(2)

Industrialized office buildings for temporary use as set forth in section 26.1-47.

(d)

Prohibited uses. In any general business zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

(2)

(3)

Blast furnaces;

(4)

Coalyards, junkyards or woodyards;

(5)

Distillation of bones, coal, wood or tar or manufacture of any of their products;

(6)

Drop forges;

(7)

Fat, grease, lard or tallow manufacturing, refining or rendering;

(8)

Flour mills or grist mills;

(9)

Hot rolling mills;

(10)

(11)

Lumberyards and mills;

(12)

Production or refining of petroleum or other inflammable liquids and the storage of raw hides or skins;

(13)

Slaughtering or eviscerating plants or stockyards;

(14)

Tanning, curing or storage of raw hides or skins;

(15)

Any other use detrimental to a neighborhood because of odor, smoke, dust, fumes, fire, vibration or hazardous because of danger of fire or explosion.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lot widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

(5)

(6)

In all business zones, as shown on the zoning map, the minimum width for any lot for dwellings shall be fifty (50) feet.

(f)

Setbacks.

(1)

In all business zones, as shown on the zoning map, there shall be no setback, unless the building is in the same block front as a residential zone and then the setback shall be twenty-five (25) feet.

(2)

On the south side of Park Avenue in the central and general business zones there shall be a twelve-foot setback from the street right-of-way.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In any zone of lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

In all business zones, as shown on the zoning map, the minimum depth of the rear yard for all dwellings shall be the same as that required for rear yards in B residence zones.

(6)

In all business zones, as shown on the zoning map, the minimum width of the side yard for all dwelling shall be the same as that required for the side yards in B residence zones.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

(4)

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-15. - Industrial districts.

26.1-15-1. Light industrial zone.

(a)

(b)

Permitted uses. In any light industrial zone, as shown on the zoning map, the following uses shall be permitted:

(1)

(2)

(3)

(c)

Permissible uses. In any light industrial zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

Industrialized office buildings as set forth in section 26.1-46;

(2)

Industrialized office buildings for temporary use as set forth in section 26.1-47.

(d)

Prohibited uses. In any light industrial zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

(2)

Storage of explosives or fireworks in excess of five hundred (500) pounds, storage of fuel gas or illuminating gas in excess often thousand (10,000) cubic feet except in a municipal or public service plant, and the storage of pyroxylin or articles thereof in excess of five hundred (500) pounds;

(3)

Blast furnaces;

(4)

Distillation of bones, coal, wood or tar or manufacture of any of their products;

(5)

Drop forges;

(6)

Fat, grease, lard or tallow manufacturing, refining or rendering;

(7)

(8)

Production or refining of petroleum or other inflammable liquids and the storage of raw hides or skins;

(9)

Slaughtering or eviscerating plants or stockyards;

(10)

Tanning, curing or storage of raw hides or skins;

(11)

Any other use detrimental to a neighborhood because of odor, smoke, dust, fumes, fire, vibration or hazardous because of danger of fire or explosion;

(12)

Home occupations as set forth in section 26.1-43.

(e)

Area, frontage and width regulations.

(1)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(2)

(f)

Setbacks.

(1)

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yards.

(h)

Height.

(1)

In measuring height, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may be built to a greater height than permitted in the zone if approved by the fire chief.

(4)

26.1-15-2. Heavy industrial zone.

(a)

(b)

Permitted uses. In any heavy industrial zone, as shown on the zoning map, the following uses shall be permitted:

(1)

Any use permitted in a light industrial zone and not specifically prohibited in this section;

(2)

(c)

Permissible uses. In a heavy industrial zone, as shown on the zoning map, the following uses may be permissible on appeal:

(1)

(2)

(3)

Blast furnaces;

(4)

Distillation of bones, coal, wood or tar or manufacture of any of their products;

(5)

Drop forges;

(6)

Fat, grease, lard or tallow manufacturing, refining or rendering;

(7)

(8)

Slaughtering or eviscerating plants or stockyards;

(9)

Tanning, curing or storage of raw hides or skins;

(10)

Any other use detrimental to a neighborhood because of odor, smoke, dust, fumes, fire, vibration or hazardous because of danger of fire or explosion.

(d)

Prohibited uses. In any heavy industrial zone, as shown on the zoning map, the following uses shall be prohibited:

(1)

Dwellings;

(2)

Junkyards;

(3)

Home occupations as set forth in section 26.1-43.

(e)

Area, frontage and width regulations.

(1)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(2)

(f)

Setbacks.

(1)

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yards.

(h)

Height.

(1)

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may be built to a greater height than permitted in the zone if approved by the fire chief.

(4)

(Ord. of 1-5-16, § 1(Exh. A)

Sec. 26.1-16. - R-CR conservation and recreation zone.

(a)

(b)

Permitted uses. In the R-CR zone as shown of the zoning map, the following uses shall be permitted.

(1)

Public parks.

(2)

Public activities related to the preservation and conservation of natural and/or historical resources.

(3)

Agriculture and agricultural production, including raising crops, forestry, horticulture and gardening.

(4)

Public uses.

(5)

Single-family detached dwellings.

(6)

Home occupations as set forth in section 26.1-43.

(7)

Municipal uses and structures.

(8)

Accessory uses as set forth in section 26.1-40.

(c)

(1)

Club houses for private clubs.

(2)

Private campgrounds.

(3)

Golf courses and driving ranges.

(4)

Bed and breakfast facilities.

(5)

Residential subdivisions as set forth in the subdivision ordinance.

(d)

Prohibited uses. In any R-CR zone, as shown on the zoning map, all uses not specifically permitted in this section shall be prohibited.

(e)

Area, frontage and width regulations.

(1)

No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet.

(2)

Residential lots widths shall be measured on the front building line.

(3)

One (1) building and its accessory buildings may be erected on any lot of record which at the time this chapter is adopted is separately owned.

(4)

In all R-CR zones, as shown on the zoning map, the minimum area of any lot shall be eighty seven thousand one hundred twenty (87,120) square feet.

(5)

In all R-CR zones, as shown on the zoning map, the minimum width of any lot shall be two hundred (200) feet.

(f)

Setbacks.

(1)

In the R-CR zone, as shown on the zoning map, there shall be a fifty-foot setback from highways. Setbacks shall be measured from the street right-of-way.

(g)

Yards.

(1)

Steps or stoops not exceeding twenty-four (24) square feet in area, eaves, cornices, window sills and belt courses may project into any required yard.

(2)

On lots occupied by dwellings, not more than thirty (30) percent of the rear yard may be occupied by one-story buildings of accessory use.

(3)

In the R-CR zone for lots less than one hundred (100) feet deep, the rear yard may be reduced one (1) percent for each foot that the depth of the lot is less than one hundred (100) feet.

(4)

(5)

(6)

(h)

Height.

(1)

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

In R-CR zones, as shown on the zoning map, the maximum height for any building shall be thirty-five (35) feet, and no building may be more than two and one-half (2½) stories in height.

(Ord. of 1-5-16, § 1(Exh. A)