Oak City City Zoning Code
ZONING DISTRICTS
§ 155.115 A, AGRICULTURAL DISTRICT.
(A) Purpose.
(1) Protection. The establishment of the Agricultural District is intended to allow for and protect agricultural uses within the town by controlling density and land coverage and providing for compatible land uses. Its formulation is further intended to protect nearby residential uses from possible objectionable effects of certain agricultural operations such as livestock raising and storage of fertilizer.
(2) May be rezoned. As the need and demand for additional land suitable for urban development is determined, selected portions of this district may be rezoned for more intensive forms of development.
(Prior Code, § 10-6-1)
(B) Permitted uses.
(1) Accessory buildings and uses clearly incidental to and commonly associated with the operation of the permitted use. Such accessory uses do not include permanent residential occupancy, except by owners or persons employed on the premises and their immediate family;
(2) Campgrounds;
(3) Commercial agriculture, dairying, poultry and livestock raising; provided that, buildings used for housing fowl or animals, storing grain or feed, or processing products shall not be located closer than 200 feet to any property line;
(4) Commercial kennels for the raising, boarding and training of small animals; provided that, no portion of a building, structure, outdoor run or pen used to house or exercise such animals shall be located closer than 200 feet of any property line;
(5) Essential public utility and public service installations. Such uses shall not include business offices, repair, sales or storage facilities;
(6) Greenhouses or plant nurseries;
(7) Home occupations;
(8) Non-commercial agriculture and poultry, and horse and livestock raising as an accessory use to a single-family dwelling; provided that, all related accessory buildings are located in the side or rear yard;
(9) Private country clubs, golf courses, swimming pools, park areas, greenhouses and nurseries;
(10) Privately operated day nurseries, preschools and kindergartens; provided that, any play area is enclosed on all sides to a height of at least four feet;
(11) Public or private schools;
(12) Public parks, playgrounds, community buildings and similar public service facilities;
(13) Radio and television transmitting stations and towers, but not including administrative offices and broadcast studios;
(14) Railway right-of-way;
(15) Riding stables or academies; provided that, any structure, pen or corral housing animals (but not including grazing areas) shall not be closer than 200 feet to any property line;
(16) Signs for identification; provided, each use has not more than one such sign per frontage and that such a sign does not exceed ten square feet in area;
(17) Single-family dwellings;
(18) Transmission line, station and tower; and
(19) Veterinary clinics, including observation pens.
(Prior Code, § 10-6-2)
(C) Lot and yard areas; height restrictions.
Maximum height of structures | When a building or structure is within 150 feet of a residential district zone, 35 feet |
Minimum area of zone lot
|
4 acres
|
Minimum lot width
|
200 feet
|
Minimum rear yard
|
40 feet
|
Minimum setback
|
30 feet
|
Minimum side yard
|
15 feet
|
(Prior Code, § 10-6-3)
(D) Additional regulations. See also the following provisions of this chapter:
(Prior Code, § 10-6-4)
(Ord. 2001-02, passed 10-3-2001)
§ 155.116 RR, RURAL RESIDENTIAL DISTRICT.
(A) Purpose. The Rural Residential Zone is intended as a permanent residential district for those areas of the community where it is desirable to maintain residential densities. Although this district is intended primarily for residential development, it is recognized that agriculture and the raising of poultry and livestock is desired by some property owners and is acceptable with appropriate safeguards for nearby residences.
(Prior Code, § 10-7A-1)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A permanent structure detached from a principle or primary building located on the same lot and incidental and subordinate to the principle building or use. Including, but not limited to, a detached private garage, storage shed, workshop, greenhouse, gazebo, apartment and the like.
MAJOR ACCESSORY STRUCTURE. An accessory structure with a total footprint greater than 200 square feet and/or that exceeds 12 feet in height.
MINOR ACCESSORY STRUCTURE. An accessory structure with a total footprint of less than 200 square feet and which does not exceed 12 feet in height.
MOBILE HOME. A modular unit built on a chassis, which is eight body feet or more in width and 35 body feet or more in length, which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. The type of foundation requirements will be determined by the town’s designated Building Inspector.
RECREATIONAL COACH. A vehicle, such as a pickup truck, camper, motor home, fifth wheel, travel trailer or other vehicle with or without motive power, designed and/or constructed to be used for vacation or recreational purposes. RECREATIONAL VEHICLES are not permitted as dwelling units, except in an RV park.
(Prior Code, § 10-7A-2)
(C) Permitted uses.
(1) Accessory buildings and uses clearly incidental and commonly associated with the operation of the permitted use such as private garages, greenhouses, swimming pools and the like, but not including residential occupancy;
(2) Cemeteries;
(3) Churches and similar places of worship;
(4) Essential public utility and public service installations. Such use shall not include business offices, repair, sales or storage facilities;
(5) Home occupations;
(6) Libraries;
(7) Personal and family agricultural uses only for dairying, poultry and livestock raising; provided that, buildings used for housing fowl or animals, storing grain or feed shall not be located closer than 50 feet from any neighboring inhabited family dwelling;
(8) Privately-owned community centers operated on a non-profit basis;
(9) Public or private schools;
(10) Public parks, playgrounds, community buildings and similar public service facilities serving residential areas;
(11) Signs for identification, provided each use has not more than one such sign per frontage and that such a sign does not exceed ten square feet in area;
(12) Single-family dwelling. May include the rooming and/or boarding of up to two persons, provided no separate kitchen is involved; and
(13) Multiple-family dwellings to consist of duplexes only.
(Prior Code, § 10-7A-3)
(D) Lot and yard areas; height restrictions.
Maximum height of structure | 35 feet |
Minimum area of zone lot | RR-1 0.4 acre RR-2 1.0 acres |
Minimum lot width | 100 feet |
Minimum rear yard | |
Principal structure | 40 feet |
Major accessory structure | 4 feet (more than 200 sq. ft. or 12 ft. in height)* |
Minor accessory structure | 0 feet (less than 200 sq. ft. or 12 ft. in height)* |
Habitable accessory structure | 12 feet |
*The requirements of division (E) below shall also be met. | |
Minimum front setback (all structures) | 25 feet |
Minimum side yard | |
Principal structures | 12 feet |
Major accessory structures | 4 feet (more than 200 sq. ft. or 12 ft. in height)* |
Minor accessory structures | 0 feet (less than 200 sq. ft. or 12 ft. in height) * |
Habitable accessory structure | 12 feet |
*The requirements of division (E) below shall also be met. | |
(Prior Code, § 10-7A-4)
(E) Additional regulations.
(1) Temporary placement of mobile homes. No “mobile home”, as defined in division (B) above, shall be located, placed, used or occupied for permanent residential purposes in any district, except within an approved mobile home park and except as otherwise provided herein. Temporary placement of a mobile home on a residential lot may be permitted by a temporary conditional use permit which is subject to the time limitations stated in this chapter. A temporary conditional use permit for the placement of a mobile home on a residential lot will be issued only for lots upon which a permanent dwelling is being constructed and for which a valid building permit has been issued.
(2) Temporary placement of recreational coaches. No “recreational coach”, as defined in division (B) above, shall be located, placed, used or occupied for permanent residential purposes in any district. Temporary placement of a recreational coach on a residential lot may be permitted by a temporary conditional use permit which is subject to the time limitations stated in this chapter. A temporary conditional use permit for the placement of a recreational coach on a residential lot will be issued only for lots upon which a permanent dwelling is being constructed and for which a valid building permit has been issued.
(3) Accessory structures.
(a) No accessory structure shall be built less than 12 feet from the principle structure or, if built within 12 feet of the principle structure, then the accessory structure shall leave a distance of at least 12 feet of side yard or rear yard setback.
(b) No portion of any accessory building shall be allowed to extend over any property line.
(c) No storm water runoff from accessory buildings shall be allowed to run onto adjacent property.
(4) Chapter provisions. See also the following provisions of this chapter:
(Prior Code, § 10-7A-5)
(Ord. 2001-02, passed 10-3-2001; Ord. 2009-02, passed 10-15-2009; Ord. 2019-01, 11-21-2019)
§ 155.117 GC, GENERAL COMMERCIAL DISTRICT.
(A) Policy. Commercial uses, where permitted, should be compatible with the rural character of the town. All commercial uses are conditional and subject to review and approval by the Town Council.
(Prior Code, § 10-8A-1)
(B) Restrictions; commercial activities.
(1) Large industrial and manufacturing land uses shall be prohibited. Light industrial and manufacturing are to be discouraged. Only those industrial and manufacturing enterprises that meet cottage industry standards will be allowed upon approval and permitting of the Town Council. Uses which cause air, water and noise pollution or are visually unappealing or cause a nuisance will not be permitted.
(2) Commercial activities may be allowed as conditional uses within other zones, subject to the conditional use review and approval process.
(Prior Code, § 10-8A-2)
(C) Acceptable uses. The types of commercial activity most compatible for development are:
(1) Agricultural enterprises;
(2) Auto repair service;
(3) Beauty salon/barber;
(4) Gas station;
(5) Grocery store; and
(6) Home occupations.
(Prior Code, § 10-8A-3)
(Ord. 2001-02, passed 10-3-2001)