The purpose of this article is to define regulations and standards that apply to the area, bulk, and use of specific land uses. These regulations apply in all instances of development in all zoning districts.

(Zoning Ord., § 400)

Each principal building shall be located at least 25 feet from all property lines or shall meet the zoning district yard and setback requirements, whichever is greater.

(Zoning Ord., § 401)

Buffer strips, fences, walls, or hedge used for any purpose shall in all districts conform to the following:

(1)

Whenever a business or industrial district abuts a residential district, or is across a street, alley, or similar obstacle, from a residential district, a buffer strip of landscaping or similar treatment may and generally should be required. The size and requirements of the buffer strip shall be determined by the Planning and Zoning Commission.

(2)

For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles, obstructions higher than two feet above the adjacent top of the curb or street elevation, whichever is higher, shall not be permitted to be planted, maintained, or erected on any corner lot within the triangular portion of land designated as a restricted area (see Ordinance No. 93.07, section 305.8, Subdivision Ordinance).

(3)

No barbed wire or other such sharp pointed fence and no electrically charged fence shall be erected or maintained.

(4)

No permanent fence, retaining wall, or obstruction shall be constructed or erected within any public street or alley right-of-way unless authorized by the Planning and Zoning Commission. Fences erected on public easement or across any ditches shall be constructed that drainage shall not be obstructed and in the event of necessity for removal of such fence for maintenance or other purposes, removal and/or replacement of such fence or other improvement shall be the responsibility of the owner of the fence or retaining wall.

(5)

All fences shall be of an open type, unless otherwise specifically exempted by another provision of this article. No fence shall obstruct the view of a public road or private road. The maximum height of any fence, or portion thereof, shall be six feet unless otherwise specifically exempted by another provision of this article.

(6)

Where a fence is used to enclose a swimming pool, it may be a solid board type and erected in such a manner to screen the pool. Plans for such a fence must be approved by the Administrator prior or concurrent with submittal of an application for a building permit but prior to the building and/or erection of the fence. A fence around a swimming pool also shall not obstruct the view at a public road or a private road and shall not exceed six feet in height for any portion thereof.

(Zoning Ord., § 402)

In repair garages, all repair work, servicing, and storage of parts and equipment concerning vehicles, boats, auto body, radiator, and appliance repair and similar uses shall be done completely within an enclosed building or shall be enclosed by a solid fence at least eight feet in height or a planting screen of at least ten feet in depth and eight feet in height, or as may be required and approved by the Administrator.

(Zoning Ord., § 403)

In districts where gasoline service stations are permitted, the establishment of such uses shall be subject to the following requirements:

(1)

All gasoline pumps, lubrication, or similar devices and other service facilities shall be located at least 25 feet from any street right-of-way or side or rear lot line.

(2)

No access drive shall be within 200 feet of a fire station, school, public library, church, park, or playground.

(3)

All devices for the dispensing or selling of milk, ice, cold drinks, and the like shall be located within or adjacent to the principal building.

(4)

Whenever a gasoline station has been abandoned, all underground storage tanks shall either be removed or filled with some acceptable material approved by the Administrator and in conformance with applicable regulations of the State Department of Natural Resources or any other regulatory agency with jurisdiction over underground storage tanks. A gasoline service station shall be considered abandoned when the owner, tenant, or lessor has not sought to continue the use for a period exceeding 12 months.

(5)

All waste and trash receptacles shall be in a screened enclosed area except for minor receptacles adjacent to gasoline pumps.

(Zoning Ord., § 404)

The establishment and continuance of a home occupation shall be subject to the following requirements:

(1)

Such use shall be conducted entirely within a dwelling and carried on by not more than two individuals, one of whom is the principal occupant.

(2)

Such use shall be clearly incidental and secondary to the use of the dwelling purposes and shall not change the residential character thereof.

(3)

The total area used for such purposes shall not exceed the equivalent of one-fourth of the floor area, in square feet, of the first floor of the user's dwelling unit, if any, otherwise of the main floor of such dwelling unit; but in any instance a maximum of 300 square feet shall be allowed.

(4)

There shall be no advertising, display, or other indications of a home occupation on the premises except a sign displayed inside the building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the zone lot or parcel on which such sign is located.

(5)

There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations.

(6)

There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material.

(7)

There shall be no offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

(8)

For the purpose of this section, provided all requirements contained herein are met, the following shall be considered home occupations:

a.

Professional art and service offices.

b.

Art and photo studio.

c.

Dressmaking and millinery.

d.

Teaching with musical instruction limited to one pupil at a time.

e.

The keeping of not more than two roomers or boarders.

f.

Barbershop or beauty shop.

g.

Day care, provided less than five children are enrolled.

(9)

A home occupation shall not include the following: clinic, hospital, mortuary, funeral home, nursing home, tea room, tourist home, antique shop, animal hospital, restaurant, veterinarian's office, or use similar to any of the foregoing excluded uses.

(Zoning Ord., § 405)

Any light used for the illumination of signs, parking areas, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring properties and away from the vision of passing motorists.

(Zoning Ord., § 406)

In any district where nursery schools are permitted, the following minimum requirements shall be met:

(1)

For each child, at least 50 square feet of floor space shall be provided in addition to that provided for sleeping purposes.

(2)

For each child, at least 100 square feet of outdoor, enclosed (fence) play area shall be provided.

(Zoning Ord., § 407)

In any zone district where publicly-owned office or governmental buildings are permitted, there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment) unless in an enclosed building or enclosed within a live planting screen and fenced as approved by the Planning and Zoning Commission. Such storage areas, maintenance yards, or storage warehouses shall be located at least 15 feet from any property line.

(Zoning Ord., § 408)

Electrical substations, gas regulator stations, telephone exchange facilities, water storage facilities, or similar facilities in any residential zone district shall meet all the following requirements. In other zone districts such uses shall meet all of the following requirements except subsection (1) of this section, and may be required to meet subsections (5) and (7) of this section. A special use permit is required.

(1)

No public office or principal repair or storage facilities shall be maintained in connection with such substations or exchanges.

(2)

The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.

(3)

The area on which the facility is located shall be landscaped and a landscaping plan shall be submitted to the Planning and Zoning Commission.

(4)

Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot shall be as follows: lot width shall not be less than the total width of the building plus the total minimum required side yards; lot depth shall not be less than the depth of the building plus the minimum required front yard plus the five-foot minimum rear yard.

(5)

Where facilities or equipment are located outside the completely enclosed buildings, no such facilities or equipment shall be located closer than 15 feet to any side or rear lot line.

(6)

If transformers are exposed, there shall be provided an enclosing fence or wall at least eight feet in height.

(7)

All parcels or lots on which substations, exchanges, equipment, or transformers are located shall meet the following minimum landscaping standards: A planting screen of at least ten feet in depth and expected to reach a height of at least ten feet shall be provided and maintained.

(8)

All utilities shall file a letter of intent for maintenance schedules and procedures at the time of application.

(Zoning Ord., § 409)

A public or private swimming pool in any zone district shall not be located in any required front yard, nor less than ten feet to a side lot line adjacent to a street (see section 32-110). All swimming pools of more than two feet in depth shall have an obstacle of at least four feet in height around the pool and it may be a fence or other approved obstacle.

(Zoning Ord., § 410)

The parking of not more than one unoccupied recreational vehicle, utility trailer (not exceeding ten feet wide and 35 feet long), and/or boat in the side or rear yard or in a completely enclosed garage only is hereby permitted, provided that no living quarters or businesses shall be maintained in any such trailer or vehicle, and provided further that the parking of such trailer or vehicle shall comply with the yard requirements for accessory buildings of the zone district in which it is located, and provided further that nothing in this section shall preclude the parking of recreational vehicles or boats by private restriction or covenant.

(Zoning Ord., § 411)

(a)

Intent and purpose. Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those commercial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area. These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of the property. Adult entertainment uses are recognized as having serious objectionable operational characteristics, particularly if several such uses are concentrated, thereby having a deleterious effect upon adjacent areas, and could contribute to blight and degradation of the surrounding neighborhood. The special regulation of adult entertainment establishments is necessary to ensure that the adverse effect of such uses will not contribute to the blighting or downgrading of surrounding neighborhoods whether residential or nonresidential by location or concentration and to ensure the stability of such neighborhoods.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment having a ten percent portion of its stock in trade, books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices, or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to "specified sexual activities" as said term is defined herein.

Adult entertainment establishments means any of the establishments, businesses, buildings, structures, or facilities defined in this subsection (b).

Adult entertainment facility means any building, structure, or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, videotapes, or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to "specified sexual activities," as said term is defined herein, and exotic dance facilities (regardless of whether the theatre or facility provides a live presentation, videotape, or film presentation), where the patrons either:

(1)

Engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or

(2)

Observe any live presentation, videotape or film presentation of exposed or covered individuals only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with the transparent or opaque covering or to observe "specified sexual activities" as said term is defined herein.

Bathhouse means an establishment or business which provides the services of baths of all kinds, including all forms and kinds of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or physical therapist licensed by the State.

Massage shop means an establishment which has a fixed place of business having a source of income or compensation 60 percent or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulation of the external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in the practice of massage. Under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his behalf will pay money or give any other consideration or gratuity, provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.

Modeling studio means an establishment or business which provides for a fee or compensation the services of modeling on-premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise. This does not apply to public or private schools wherever persons are enrolled in a class.

Specified sexual activities means:

(1)

Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks, or, if such person is a female, her breast;

(2)

Sexual excitement, being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or

(3)

Sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.

(c)

Special use permit required. The following uses of property are considered adult entertainment activities and may be located only in districts zoned "C" as a special use: adult bookstore, adult entertainment facility, bathhouse, massage shop, modeling studio.

(d)

Site plan required. Each application for a special use permit shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, requirements in article III of this chapter.

(Zoning Ord., § 412)