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Thayne City Zoning Code

CHAPTER 7

SUPPLEMENTARY REGULATIONS

10-7-1: PURPOSE:

The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title.
(1982 Code § 9.10.010)

10-7-2: SIGNS:

Type Of Sign (See Definitions)
Max. Size In Feet
Max. Height
In Feet*
Zone Permitted Use
Permitted Type Of Illumination
Type Of Sign (See Definitions)
Max. Size In Feet
Max. Height
In Feet*
Zone Permitted Use
Permitted Type Of Illumination
Business
8x20
(2.48x6.1m)
20 feet
C-1, C-2, I-1
Indirect flood neon
Identification
3x4
(0.91x1.22m)
8
(2.44m)
All zones
Indirect
Name plate
1x2
(.305x6.1m)
8
(2.44m)
All zones
Indirect
Property sale, lease, trespass
2x3
(.610x.910m)
8
(2.44m)
All zones
None
Property-other
8x16
(2.44x4.88m)
16
(4.88m)
All zones
None
Public information
3x6
(.910x1.83m)
8
(2.44m)
All zones
Indirect
Temporary
8x12
(2.44x3.66m)
16
(4.88m)
All zones
None
 
*The distance from the top of the sign to ground supporting it.
   A.   Animated Flashing, Intermittent Signs: Animated, flashing or intermittent signs are not allowed in any of the districts.
   B.   Illuminations: All signs, except business signs, shall be illuminated by indirect lighting, the source of which shall not be visible from the street. In no case shall direct rays of light from a sign be permitted to penetrate a property in a residential district.
   C.   Location Of Signs: All signs shall be placed so as not to interfere with a clear view at intersecting streets as provided for in this chapter. In any district requiring a front yard, all signs located on the ground in that district shall adhere to the front yard requirement.
   D.   Roof And Ground Signs: Roof signs shall be permitted only in District C-1. Roof signs shall not be permitted higher than the height regulations of the district they are located in. Ground signs shall not project above the roof line of the highest building located on the premises.
(1982 Code § 9.10.020; amd. Ord. 129, 2-27-1984)
   E.   Number Of Signs: Each lot will be limited to one freestanding sign. The maximum height will be twenty feet (20').
(Ord. 229, 7-9-2003)

10-7-3: OFF STREET PARKING:

   A.   Parking Required: There shall he provided at the time of erection of any building, or at the time any main building is enlarged or increased in capacity, minimum off street parking space with adequate provision of ingress and egress by standard sized automobiles as hereinafter provided.
   B.   Table: Minimum requirements for parking areas are indicated in the following table:
Building Type
Minimum Parking Space Required
For Each
Building Type
Minimum Parking Space Required
For Each
Single- and two-family residential
2
Dwelling unit
Dwelling mobile home
2
Dwelling unit
Motel
1
Living or sleeping unit
Hotel
1
2 sleep rooms
Hospital
1
2 beds
Church
1
4 fixed seats
Auditorium, theater, stadium place of public use
1
4 seats
Public library
1
200 sq. ft. or 18.6 sq. m. gross floor space
Business development, bank, retail store, etc.
1
200 sq. ft. or 18.6 sq. m. gross floor space
Professional office in residential building
1
100 sq. ft. or 9.3 sq. m. gross floor space
Medical and dental clinic
2
Doctor
Restaurants, bars, cafes
1
4 seats
Drive-in restaurant
1
500 sq. ft or 46.5 sq. m. of lot area
Bowling lanes
3
Lane
Grocery store
1
300 sq. ft. or 27.95 sq. m. gross floor space
Elementary and junior high school
1
1/2 classroom (in addition to parking space required for auditorium)
Senior high school
1
1/4 classroom (in addition to parking space required for auditorium)
Condominium/apartment /multiple family dwelling
2
Each resident unit
 
   C.   Parking Space Requirements: Parking space for handicapped and disabled persons shall be as follows:
      1.   All non-residential parking facilities accessible to the general public shall provide accessible parking spaces designated for use by handicapped and disabled persons. The required number of accessible parking spaces for handicapped and disabled persons shall be calculated according to the total number of spaces required for each parking facility.
      2.   When less than five (5) sparking spaces are provided, one parking stall shall be fourteen (14) feet wide and striped to provide a nine (9) foot parking area and a five (5) foot loading and unloading area. However, there is no requirements that the space be reserved exclusively or identified for use by only handicapped persons.
Parking Spaces Required for Handicapped and Disabled Persons
Total Number of Parking Spaces in Vehicular Parking Facility
Number of Required Parking Spaces for Handicapped and Disabled Persons
Parking Spaces Required for Handicapped and Disabled Persons
Total Number of Parking Spaces in Vehicular Parking Facility
Number of Required Parking Spaces for Handicapped and Disabled Persons
1 - 25
1
26 - 50
2
51 - 75
3
76 - 100
4
101 - 150
5
151 - 200
6
201 - 300
7
301 - 400
8
401 - 500
9
501 or more
2% of total number of parking spaces
 
(1982 Code § 9.10.030)

10-7-4: PLANNED UNIT DEVELOPMENT:

   A.   Scope: A planned unit development (PUD) is intended to replace the rigid requirements of conventional zoning with general appearance and livability guidelines allowing flexibility and innovation in site planning, building arrangement and land use relationships, while simultaneously insuring substantial compliance with the intent and purpose of this title.
   B.   Commission Approval: Planned unit development must be approved by the Planning and Zoning Commission.
   C.   Preliminary Site Plan: The applicant shall submit a preliminary site plan, including, but not limited to, the following:
      1.   An explanation of all intended uses.
      2.   Preliminary plat.
      3.   An inventory resource statement, with total area proposed in PUD, data concerning population to be served, the expected value per unit, sewer and water capabilities, soil types and composition, geologic analysis, and proposed pedestrian and automobile circulation patterns.
   D.   Final Plan: After receiving Planning and Zoning Commission approval of the preliminary plan, the developer shall, within one year, submit a final plan, including, but not limited to, the final draft of all that is listed in the preliminary plan.
   E.   Minimum Area: No planned unit development shall have an area of less than ten (10) acres or forty thousand four hundred seventy (40,470) square meters.
   F.   Ownership: The development shall be in single or corporate ownership at the time of the application or the subject of an application filed jointly by all owners of the property.
   G.   Consent For Withdrawal: No piece of land shall be withdrawn from the PUD without the consent of all the property owners and the Planning and Zoning Commission.
   H.   CCRs Submitted: The developer shall prepare and submit to the Planning and Zoning Commission copies of any special agreements, restrictions, conditions or covenants which will govern the use, continued protection and maintenance of the planned unit and any of its common park areas and facilities.
   I.   Density: The residential density of a PUD district shall not be greater than six (6) units per acre and coverage not greater than sixty percent (60%).
   J.   Acceptable Plan: Building uses, building locations, lot area, width, yard, height and coverage regulations proposed, shall be considered and determined acceptable through the process of approving the site development plan.
   K.   Survey And Staking Work Permitted: Upon approval of the preliminary plan, and in accordance therewith, the developer may survey and stake the lots, roads, and other proposed areas on the PUD site, but may not commence any further development activity until final approval. The completion of survey and staking work shall in no way obligate any Town officials to grant final approval.
   L.   Site Plan Requirements: The general site plan required shall include, but not be limited to, the following: layout of roads, lots, parks and open space locations, orientation, spacing, signage and lighting, water supply and sewage treatment system, natural preservation and drainage areas, landscaping, fencing and screening, and any information including residential density, coverage and open space characteristics.
   M.   Open Space: The Planning and Zoning Commission may determine whether all or a part of stream areas, bodies of water and slopes may or may not be included as usable open space.
   N.   Ownership, Responsibility Of Open Space: The developer may retain ownership and responsibility for maintenance of the designated open space, and shall commit himself through written agreement with all parties who subsequently acquire ownership of property within the PUD.
   O.   Phase Development: All planned unit development may be developed in phases. No construction of any kind shall begin in the second or subsequent phases until sixty five percent (65%) of the total development has been sold on the preceding phase. Development of any phase must be substantially completed within two (2) years from the time of its final approval.
(1982 Code § 9.10.040)

10-7-5: YARD SPACE FOR ONE BUILDING:

For the purpose of complying with the provisions of this title, no required yard or other open space for any building, nor any yard or other required open space on an adjoining lot, shall be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
(1982 Code § 9.10.050)

10-7-6: UNOBSTRUCTED YARDS:

Every part of a required yard shall be open to the sky except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, roof overhang, chimneys, flues and other ornamental features which project into a yard not more than four feet (4') or 1.22 meters. Also excepted are open or lattice enclosed fire escapes, fireproof outside stairways and balconies upon fire towers projecting into a yard, not more than five feet (5') or 1.52 meters.
(1982 Code § 9.10.070)

10-7-7: WALL OR FENCE:

No fence or wall or other similar structure shall be erected in any required front, rear or side yard to a height in excess of six feet (6') or 1.83 meters.
(1982 Code § 9.10.080)

10-7-8: MINIMUM BUILDING HEIGHT:

No building shall be erected to a height less than one story above grade.
(1982 Code § 9.10.090)

10-7-9: VIEW OF INTERSECTING STREETS:

In all districts which require a front yard, no obstruction of view in excess of two feet (2') or .66 meters in height shall be placed on any corner lot within a triangular area formed by the street property lines and the line connecting them at points forty feet (40') or 12.19 meters from the intersection of the street lines, except trees pruned high enough to permit unobstructed vision by automobile drivers.
(1982 Code § 9.10.100)

10-7-10: COVERAGE:

In no zone except Commercial District (C-1) shall a building or group of buildings with their accessory buildings cover more than sixty percent (60%) of the area of the lot. Accessory buildings in a residential district shall not cover more than twenty five percent (25%) of the rear yard.
(1982 Code § 9.10.110)

10-7-11: KEEPING OF ANIMALS:

   A.   Horses, Cattle: Horses and cattle may be maintained in any zoning district; provided, that such animals are kept or maintained for noncommercial use; and further provided, that such animals are confined within fences or other enclosures at all times, in a manner that does not cause nuisance to adjacent or neighboring property owners.
   B.   Other Livestock: Other livestock, including, but not limited to, chickens, goats, pigs, sheep and rabbits shall be allowed in any zoning district; provided, that such animals are kept or maintained for noncommercial use; and further provided, that such animals are permanently confined within an enclosed agricultural structure at all times.
   C.   Sanitation: In the care or maintenance of any authorized or permitted animals, any person responsible for the care, custody or control of such animals shall at all times keep and maintain the premises, barn, pen, place or enclosure where such animals are kept in a clean and sanitary condition, and shall remove all manure and waste periodically or when requested to do so by the Town or any local or State health authority, and shall dispose of the same by spreading it on farm or garden land or otherwise as might be ordered by the Town or health authority, to render the same sanitary and unoffensive.
(Ord. 129, 2-27-1984)

10-7-12: TRAVEL TRAILERS:

   A.   There shall be no limit on the number of occupied travel trailers or recreational vehicles on any property in any fourteen (14) day period if none of such trailers or vehicles is maintained on such property for more than seven (7) consecutive days; provided, that all such vehicles and the occupants thereof shall not create a nuisance for neighboring residents;
   B.   Only one occupied travel trailer or recreational vehicle shall be allowed on any lot or parcel of land for more than seven (7) consecutive days in any fourteen (14) day period without the approval of the Planning and Zoning Commission;
   C.   No travel trailer or recreational vehicle which is occupied shall be kept or maintained on any lot or parcel or land for more than thirty (30) days without the approval of the Planning and Zoning Commission;
   D.   Except in approved sites, no compensation, either direct or indirect, shall be paid for the location and maintenance of any travel trailer or recreational vehicle on any property with the Town, nor shall any travel trailer or recreational vehicle be placed, kept or maintained on any property within the Town and occupied by any person as employment compensation.
(Ord. 129, 2-27-1984)

10-7-13: IMPROVEMENTS REQUIRED:

All lots shall have Town approved water supply and sewage treatment system.
(1982 Code § 9.10.130)

10-7-14: LOT MAINTENANCE:

   A.   Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. The lot shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage areas shall be so maintained as to prevent rodent harborage.
   B.   Where the potential for insect an rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. All grass and weeds shall be cut and maintained to prevent fire hazards. The Mayor or the Mayor’s authorized representative is authorized and empowered to notify in writing the owner or owners of any lot, place or area within the Town to remove or exterminate weeds or grass causing fire hazard. Such notice shall be by certified mail, addressed to the owner at the address used to mail County tax notices, and shall give the owner such period of time as stated in the notice, not less than ten (10) days from the receipt of the notice, to remove or exterminate the grass or weeds causing a fire hazard.
   C.   Upon the failure or refusal of any owner so notified to exterminate or remove the grass or weeds causing a fire hazard, or more than ten (10) days after the date of such notice in the event the same is returned to the Town because of inability to make delivery thereof, the authorized representative of the Town is authorized to exterminate or remove such weeds or grass causing a fire hazard and to report to the Town Clerk the same, together with a voucher of the cost of such extermination and removal, plus twenty percent (20%) to cover the cost of administration and notice. The Town Clerk shall charge the cost of such extermination and removal to the property owner or owners and such special assessment shall become a lien upon and against the lots or parcels of land and collectible as such.
(Ord. 129, 2-27-1984)

10-7-15: MEASURING SETBACKS:

The building setbacks will be measured from the point of the building that protrudes the closest to the property line on all sides. This does not include flat sidewalks.
(Ord. 198, 9-9-1996)

10-7-16: SHIPPING CONTAINERS:

   A.   Definition: A cargo storage/shipping container shall be defined as any large box structure formerly used, or designed to be used, to store and/or haul cargo by rail, semi-truck, or ship.
   B.   No cargo storage/shipping containers shall be kept, stored, or maintained within the city limits of the Town of Thayne except in the following designated areas and as regulated in this section:
      1.   Commercial District C-1.
      2.   Commercial District C-2.
      3.   Industrial District I-1.
(Ord. 391, - -2024)