For the purpose of this chapter, the Town of Vivian is divided into eight (8) districts, listed according to their restrictions, and they are as follows:

R-1 Single-Family Residential District

R-2 Multi-Family Residential District

R-3 Residential Manufactured Home Park District

B-1 Buffer Business District

B-2 Neighborhood Business District

B-3 Central Business District

I-1 Light Industrial District

I-2 Heavy Industrial District

(Ord. No. 483, § III A.1, 10-8-01)

The zoning districts are shown on the attached map, which is hereby made a part of this chapter.

(Ord. No. 483, § III A.2, 10-8-01)

Editor's note— The above referenced map is not set out herein, but is on file and available for inspections in the offices of the town.

Any area annexed into the town shall be automatically placed in the R-1 District, until such time as is determined the land use of said annexed territory and a public hearing is held for zoning by the planning and zoning commission.

(Ord. No. 483, § III A.3, 10-8-01)

Except as herein provided:

(1)

No land shall be used or occupied, no structure shall be erected, altered, used or occupied, and no use shall be operated unless in conformity with the regulations herein prescribed for the district in which such structure or land is located.

(2)

No structure shall be erected, altered, used or occupied to exceed the height limits herein established to have less building site area, or to have narrower or smaller front, side, and rear yards than herein prescribed for the district in which the structure is located.

(3)

No part of a yard or other open space required about any structure for the purpose of complying with the provisions of this chapter shall be included as a part of the yard or other open space similarly required for another structure.

(4)

No building site shall be so reduced or diminished that the building site area, yards, or other open spaces shall be smaller than prescribed by this chapter.

(5)

Every structure, other than an accessory structure, hereafter erected, altered, used, or occupied shall have provided and continuously maintained for it a separate building site as herein defined.

(6)

Every use, unless expressly exempted by this chapter, shall be operated entirely within a completely enclosed structure.

(Ord. No. 483, § III A.4, 10-8-01)

(a)

[Generally.] The Single-Family Residential District is one (1) that is represented by areas of one-family dwellings. This district is designed to preserve the residential character of the area by prohibiting all commercial activities and promoting a suitable environment for family life by permitting such uses as schools, churches, parks, etc.

(b)

Permitted uses:

(1)

Uses by right. Single-family dwelling units; site constructed modular home; parks; playgrounds; libraries; museums; art, sculpture, fountains, monuments, statues and/or similar landscape features; garage sale, limited to periods from sunrise to sunset for no more than three (3) consecutive calendar days (and limited to no more than two (2) events per year); churches; schools (public and private, not trade or business); public and private recreational uses; gardens; agricultural uses; private garages; home occupations and accessory uses.

(2)

Uses requiring planning and zoning commission approval. The uses listed below are permitted upon approval of the location and site plan by the planning and zoning commission as being in harmony with the orderly and appropriate development of the R-1 District.

Bed and breakfast lodging; single-family personal care home, as defined, fire stations and other public facilities; pipeline or electric transmission line; railroad right-of-way, but not including shops, yards, and team tracks; water storage; and water or sewage pumping station; temporary uses including charitable, recreational, religious, cultural, community service or similar events by a nonprofit organization for a period not exceeding three (3) consecutive calendar days.

(3)

Special exception uses. These uses are declared to possess characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of zoning adjustment in accordance with the provisions of Article VII governing special exceptions.

Cemetery; electric substation; and manufactured home, when used as a single-family dwelling unit or as a secondary residential unit for persons of the same family provided the building site shall have adequate square footage to meet the minimum required setbacks of the district and to have access to a public street or alley.

(c)

Permitted signs. Signs not over two (2) square feet; only one (1) sign per lot; sign must not be illuminating.

(d)

Minimum building site area. Seven thousand five hundred (7,500) square feet

(e)

Maximum height of building. Thirty (30) feet

(f)

Minimum yards:

(1)

Front: Thirty (30) feet.

(2)

Side: Ten (10) feet.

(3)

Rear: Twenty (20) percent of lot depth.

(Ord. No. 483, § III B.1, 10-8-01)

(a)

[Generally.] The Multi-Family Residential District is represented by areas of one-family, two-family, and high density multiple-family dwelling units. Included within this district are duplexes, townhouses, and apartment complexes. This district, as in the single-family district, is designed to prevent commercial development in a predominantly residential area and to preserve the environment for family life.

(b)

Permitted uses:

(1)

Uses by right. Single- and multi-family dwellings; site constructed modular home; home occupation and accessory uses; art, sculpture, fountains, monuments, statues and/or similar landscape features; garage sale, limited to periods from sunrise to sunset for no more than three (3) consecutive calendar days (and limited to no more than two (2) events per year); parks; playgrounds; libraries; museums; schools; churches; public and private recreational uses; private garages.

(2)

Uses requiring planning and zoning commission approval. The uses listed below are permitted upon approval of the location and site plan by the planning and zoning commission as being in harmony with the orderly and appropriate development of the R-2 District.

Art gallery; bed and breakfast lodging; college or university; fire station and other public facilities; railroad right-of-way, but not including shops, yards, and team tracks; water storage; and water or sewage pumping station; temporary uses including charitable, recreational, religious, cultural, community service or similar events by a nonprofit organization for a period not exceeding three (3) consecutive calendar days.

(3)

Special exception uses. These uses are declared to possess characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of zoning adjustment in accordance with the provisions of Article VII governing special exceptions.

Cemetery; convalescent home, electric substation; nursery, daycare or kindergarten; nursing home or institution for children; and manufactured home, when used as a dwelling unit or as a secondary residential unit for persons of the same family provided the building site shall have adequate square footage to meet the minimum required setbacks of the district and to have access to a public street or alley.

(c)

Permitted signs. Signs not over two (2) square feet; only one (1) sign per lot or in the case of apartment complexes, only one (1) sign per seven thousand eight hundred (7,800) square feet of land area.

(d)

Minimum building site area:

(1)

Single-family: Seven thousand five hundred (7,500) square feet;

(2)

Two-family: Ten thousand (10,000) square feet;

(3)

Multi-family, first two (2) units: Ten thousand (10,000) square feet;

(4)

Multi-family, each additional unit: Four thousand (4,000) square feet.

(e)

Maximum height of building. Forty-five (45) feet.

(f)

Minimum yard:

(1)

Front: Thirty (30) feet.

(2)

Side: Ten (10) feet for singles, doubles and duplexes.

Fifteen (15) feet for apartment complexes

(3)

Rear: Twenty (20) percent of lot depth.

(Ord. No. 483, § III B.2, 10-8-01)

(a)

[Generally.] The Residential Manufactured Home District is one (1) that is primarily composed of manufactured and modular dwelling units. However, single-family and multi-family units are commonly found therein.

(b)

Permitted uses:

(1)

Uses by right. All uses by right permitted in R-1 and R-2 districts; manufactured home, when used as a dwelling unit; and manufactured home park.

(2)

Uses requiring planning and zoning commission approval: The uses listed below are permitted upon approval of the location and site plan by the planning and zoning commission as being in harmony with the orderly and appropriate development of the R-3 district.

All uses requiring planning and zoning commission approval permitted in R-2 districts, together with recreational vehicle parks.

(3)

Special exception uses: These uses are declared to possess characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of zoning adjustment in accordance with the provisions of Article IX governing special exceptions.

All special exception uses permitted in R-2 districts and recreational vehicle parks.

(c)

Permitted signs. Signs not over two (2) square feet; only one (1) sign per lot.

(d)

Minimum building site area:

(1)

Single-family: Seven thousand five hundred (7,500) square feet;

(2)

Two-family: Ten thousand (10,000) square feet;

(3)

Multi-family: same as R-2;

(4)

Manufactured home: Five thousand (5,000) square feet;

(5)

Manufactured home park: Forty-three thousand five hundred sixty (43,560) square feet or one (1) acre.

(e)

Maximum height of building: Thirty-five (35) feet.

(f)

Minimum yard:

(1)

Front: Thirty (30) feet

(2)

Side: Ten (10) feet

(3)

Rear: Twenty (20) percent of lot depth.

(Ord. No. 483, § III B.3, 10-8-01; Ord. No. 678, 11-9-15)

(a)

[Generally.] The Buffer Business District is composed of land and structures occupied by or suitable for uses such as offices, services light retail, public and community service uses. Although usually located between residential and business areas, these districts are in some instances free-standing. The district is designed to protect and encourage the character of the area, by limiting the permitted uses to those of a semi-commercial nature, and to protect any abutting and surrounding residential areas.

(b)

Permitted uses:

(1)

Uses by right. Accessory use; antique store; art gallery; art, sculpture, fountains, monuments, statues, and/or other similar landscape features; bank; church including educational buildings; clinic, club or lodge; public or private; dwelling, single or multi-family; drug store; electric substation; fire station; library, funeral home; floral shop; nursery, day care or kindergarten; office; park or playground, public or private including recreation center; pipeline or electric transmission line, railroad right-of-way, but not including shops, yards, and team tracks; studio for professional work or teaching; telephone exchange, but not including administrative offices, shops, or garages; water storage; and water or sewage pumping station.

(2)

Uses requiring planning and zoning commission approval. None.

(3)

Special exception uses. Manufactured homes, portable building for commercial purposes and single families that desire to live and reside in a B-1 district.

(c)

Permitted signs. Business signs not to exceed fifteen (15) square feet.

(d)

Minimum building site area. Same as R-2 for multi-family dwellings; none for commercial uses.

(e)

Maximum height of building. Thirty-five (35) feet.

(f)

Minimum yard. Same as R-2 for multi-family dwellings; commercial uses are:

(1)

Front: Thirty (30) feet.

(2)

Side: Ten (10) feet.

(3)

Rear: Twenty (20) percent of lot depth.

(Ord. No. 483, § III C.1, 10-8-01; Ord. No. 660, 11-11-13; Ord. No. 678, 11-9-15)

(a)

[Generally.] The Neighborhood Business District is composed of land and structures occupied by or capable of furnishing retail goods and services to satisfy the daily household needs of the surrounding residential neighborhoods.

(b)

Permitted uses.

(1)

Uses by right. Accessory use, altering and repairing of wearing apparel; antique store; appliance store; apparel and accessory store; art gallery or museum; art sculpture, fountains, monuments, statues, and/or other similar landscape features; artificial limb manufacture; assisted living facility; automobile rental; auto parts store; automobile and truck sales and service; automobile and truck maintenance shops and garages; automobile laundry; bakery; bank; barber or beauty shop; boat sales and service; book store; bowling alley; business machines store or agency; blueprinting and copying; bicycle store, camera and photographic supplies store; candy, nut and confectionery store; catering shop; clinic; club or lodge, public or private; college or university; convalescent home; dairy products sales; delicatessen; dental laboratory; department store; dry cleaning establishment; drug store; electric substation; filling station; film processing; fire station; fix-it shop; floral shop; fruit store; furniture store; furniture repair and upholstering; funeral home; garden and landscape supplies store; gift shop; golf course; grocery store; hardware store; health studio, athletic club; hobby supply store; hospital or sanitarium; hotel, motel, tourist court; ice cream store; institution for children or the aged; interior decorating shop; jewelry store; laboratory dental or medical; laundry; laundromat; lawn mower sales; loan or finance office; locksmith; martial arts studio; music store; library; leather and luggage store; nursery, day care, or kindergarten; office, equipment; optician; outdoor general advertising structure; package and parcel pickup; paint and wallpaper supply store; pet store; pet grooming; photographic studio; picture framing; pipeline or electric transmission line; post office; radio and television broadcasting studio, but not including transmitter; railroad right-of-way, but not including recycling collection center, shops, yards, and team tracks; restaurants, including drive-in restaurants; school, elementary or secondary; shoe store; sporting goods store; studio for professional work or teaching; telephone exchange, but not including shops or garages; theater; tire store; tobacco store; toy store; variety store; video sales and rentals; water storage, water or sewage pumping station.

(2)

Uses requiring planning and zoning commission approval. The uses listed below are permitted upon approval of the location and site plan by the planning and zoning commission as being in harmony with the orderly and appropriate development of the B-2 district. Borrow pit; exterminator; golf driving range; automotive repair; mobile recycling unit/collection center; pawn shop; small animal veterinary clinic; temporary uses including commercial, cultural, industrial, recreational, religious seasonal or community service events.

(3)

Special exception uses. These uses are declared to possess characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of zoning adjustment in accordance with the provisions of Article IX governing special exceptions. Heliport, mini warehouses with individual rental units for "dead" storage purposes, manufactured homes, recreational vehicle parks, portable building for commercial purposes and single families that desire to live and reside in a B-2 district.

(c)

Permitted signs. Business signs not to exceed twenty-five (25) square feet.

(d)

Minimum building site area. None.

(e)

Maximum height of building. Thirty-five (35) feet.

(f)

Minimum yard:

(1)

Front: Thirty (30) feet.

(2)

Side: Ten (10) feet.

(3)

Rear: Twenty (20) percent of lot depth.

(Ord. No. 483, § III C.2, 10-8-01; Ord. No. 660, 11-11-13; Ord. No. 678, 11-9-15)

(a)

[Generally.] The Central Community Business District is composed of land and structures used to furnish, in addition to the retail goods and services found in Neighborhood Business Districts, a wider range of retail goods and services required by residents of the trade area. There is also a certain amount of wholesale and limited manufacturing to support the main uses.

(b)

Permitted uses:

(1)

Uses by right. Accessory use, air conditioning sales and service; ambulance service, amusement; animal hospital or veterinary clinic, no outside kennels; antique store; altering and repairing of wearing apparel; apparel and accessory store; appliance store; armory; art gallery; artificial limb manufacture; auditorium; automobile and truck maintenance shops and garages; automobile and truck sales and service; automobile laundry; automobile and truck storage; bait store or sales; bakery; bank; barber or beauty shop; beverage manufacture; bicycle sales and repair; blueprinting and copying ; book store; bowling alley; brooms and brushes manufacture; buildings specialties store; business machine store; business college; cabinet or carpenter shop; camera and photographic supplies store; canvas products manufacture; candy, nut and confectionery store; catering shop; city hall, police station, court house, federal building; clinic; club or lodge, public or private; coffee roasting; convalescent home; correctional, detention or penal institution; cosmetics (compounding only); creamery; dairy equipment sales; dairy products sales; delicatessen; department store; drug compounding and manufacturing; drug store; dry cleaning establishment; dry goods store; electric repair shop; electric substation; elevator maintenance and service; exterminators; fairgrounds, baseball park and stadium; farm equipment and supplies store; feed store; filling station; fire station; fix-it shop; fixture sales; floor covering sales; floral shop; food locker plant, renting only lockers for customer storage of food; food products, storage and sales; fruit and produce sales; fruit store; funeral home, mortuary or undertaking establishment; furniture repair and upholstering; furniture store, retail; fur dyeing, finishing and storage; garden and landscaping supplies store; gift shop; glass store; grocery store; gymnasium, commercial; hardware store; hobby supply store; hospital or sanitarium; hotel, motel, tourist court; ice cream manufacture; ice cream store; institution for children or the aged; interior decorating shop; jewelry store; laboratory; laundromat; lawnmower sales and repair; leather or luggage store; library; locksmith; lumber sales; machinery, tools, and construction equipment, sales and service; mail order house; marine store; millinery manufacture; motorcycle sales and service; music store; news stand; night club; novelty and souvenir manufacture; nursery, day care, or kindergarten; office; office equipment and supplies; optical goods; optician, outdoor general advertising structure; paint and wallpaper store; painting and decorating contractor; passenger depot, railway or bus; pawn shop; pet store; photographic studio and/or processing; picture framing and/or mirror slivering; pipeline or electric transmission line; plumbing shop; post office; poultry storage and/or dressing; printing, publishing, and allied industries; radio and television broadcasting, transmitter, and studio; radio and television store and repair shop; railroad right-of-way, but not including shops, yards, and team tracks; restaurant, including drive-in restaurant; restaurant supplies sales; riding academy; rooming house and boarding house; rug cleaning; seafood store; seed store; shoe repair shop; shoe store; sign shop; sporting goods store; studio for professional work or teaching; surgical or dental supplies store; tailor shop; telephone exchange, but not including shops or garages; theater, tile shop; tire store; tobacco store; toy store; trailer sales; variety store; vegetable store; Venetian blind and metal awning manufacturing and cleaning; vulcanizing shop; water distillation; water storage; water or sewage pumping station; wholesaling and warehousing.

(2)

Uses requiring planning commission approval. The uses listed below are permitted upon approval of the location and site plan by the planning commission as being in harmony with the orderly and appropriate development of the B-3 district.

Golf courses and golf driving ranges; borrow pit; linen supply; manufactured home sales; mobile recycling unit/collection center; open air market; recycling service center; riding academy; stone monument sales; taxidermist; temporary uses.

Borrow pit; exterminator; golf driving range; automotive repair; mobile recycling unit collection center; pawn shop; small animal veterinary clinic; temporary uses including commercial, cultural, industrial recreational, religious, seasonal or community service events.

(3)

Special exception uses. Heliports, mini warehouses with individual rental units for "dead" storage purposes. Firearms or archery training and practice range; gambling or gaming establishment; heliport, racetrack including dragstrip, go-cart track, motorcycle or other motorized racing; manufactured homes, recreational vehicle parks, portable building for commercial purposes and single families that desire to live and reside in a B-3 district.

(Ord. No. 483, § III C.3, 10-8-01; Ord. No. 660, 11-11-13; Ord. No. 678, 11-9-15)

(a)

[Generally.] The Light Industrial Districts are composed of land and structures used for light manufacturing or wholesaling where the use and its operation does not directly adversely affect nearby residential and business uses. These districts should be separated form residential uses by business districts or natural barriers.

(b)

Permitted uses.

(1)

Uses by right. Accessory use; air conditioning sales and service; airport airport and dusting service; animal hospital or veterinary hospital or veterinary clinic, with outside kennel; armory; art; auto parts; battery manufacture; carting express, crating, hauling, and storage; clothing manufacture; cold storage plant; concrete and concrete products manufacture; contractors storage yard for vehicles, equipment, materials and or supplies; dog pound; electronic and communications equipment manufacture; electroplating; foundry; freight depot, railway and/or truck; glass products manufacture; hardware manufacture; hatchery; heliport; hosiery mill; kennels, boarding; machine shop; manufactured or modular home manufacturing; mattress manufacturing and rebuilding; metal sharpening; metal products manufacturing; millwork and similar wood products manufacture; novelty and souvenir manufacture; office equipment and supplies manufacture; oil well supplies and machinery; packing and gasket manufacturing; paper products manufacturing; pipe storage; railroad facilities; roofing and sheet metal shop; sand and gravel storage yard; taxidermist; towers, communication; toy manufacture; welding shop; well drilling company storage yard.

(2)

Uses requiring planning commission approval. None.

(3)

Special exception uses. Manufactured homes, portable building for commercial purposes and single families that desire to live and reside in an I-1 district.

(c)

Permitted signs. Business signs not over one hundred twenty-five (125) square feet.

(d)

Minimum building site area. Ten thousand (10,000) square feet. Building coverage shall not exceed sixty (60) percent of the building site area.

(e)

Maximum height of building. Forty-five (45) feet.

(f)

Minimum yard:

(1)

Front: Thirty (30) feet.

(2)

Side: None.

(3)

Rear: None.

(Ord. No. 483, § III D.1, 10-8-01; Ord. No. 660, 11-11-13; Ord. No. 678, 11-9-15)

(a)

[Generally.] The Heavy Industrial Districts are composed of land and structures used for heavy manufacturing and related activities. The district regulations are designed for almost any type of industrial use. These districts should be separated from residential districts by business or light industry districts.

(b)

Permitted uses.

(1)

Uses by right. All uses permitted in the I-1 district. Abrasives manufacture; acetylene gas manufacture and/or storage; air products manufacture; alcohol distillation and/or storage; ammonia, bleaching powder, and chlorine manufacture; asbestos products manufacture; asphalt products manufacture; automobile manufacture; boiler or tank works; brewing; caustic soda manufacture; celluloid manufacture; chemicals (heavy or industrial) manufacture and/or processing; cotton compress; cotton ginning and baling; dyestuff manufacture; electric power generating station; felt manufacture; food products manufacture; fungicides manufacture; glass manufacture; gram drying or feed manufacture; grain milling, storage and elevators; graphite manufacture; ice manufacture; incinerator; insulation manufacture; linoleum manufacture; oil and fats (animal and vegetable) manufacture; paints, pigments, enamels, lacquers, putty, varnishes, whiting, and wood filler manufacture; paper, pulp, cellulose, and rayon manufacture; plastics manufacture; potash works; rock crusher; sawmill or planing mill, sewage disposal plant; shoe manufacture; shoe polish or stove polish manufacture; soda and washing compound manufacture; stone cutting; sugars and starches manufacture; syrup manufacture; tar distillation or manufacture; tool manufacture; trailer manufacture; transit vehicle storage and servicing; trade school; wood preserving by creosote or other impregnation treatment.

(2)

Uses requiring planning commission approval. Borrow pit; processing facility; temporary uses including commercial, cultural industrial, recreational, religious, seasonal or community service events.

(3)

Special exception uses. These uses are declared to possess characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of zoning adjustment in accordance with the provisions of Article IX governing special exceptions.

Acid manufacture; automobile wrecking, dismantling or salvage yard; bones distillation; butane and other liquefied petroleum gas products storage and sales; cement, lime, gypsum, and plaster manufacture; clay and clay products manufacture; explosives, fireworks and gunpowder manufacture and/or storage; fertilizers manufacture or processing; gambling or gaming establishment; garbage dumping or landfill areas; glue or gelatin manufacture; junk yard; matches manufacture; meat slaughtering and/or packing; petroleum and petroleum products, manufacture, processing or storage, racetrack, including dragstrip; rubber and rubber products manufacture, processing or reclaiming; stockyards; tannery; tire recycling; manufactured homes, portable building for commercial purposes and single families that desire to live and reside in a I-2 district.

(c)

Permitted signs. Same as I-1.

(d)

Minimum building site area. Ten thousand (10,000) square feet. Building coverage shall not exceed fifty (50) percent of the building site area.

(e)

Maximum height of building. Forty-five (45) feet.

(f)

Minimum yard:

(1)

Front: Thirty (30) feet.

(2)

Side: None.

(3)

Rear: None.

(Ord. No. 483, § III D.2, 10-8-01; Ord. No. 660, 11-11-13; Ord. No. 678, 11-9-15)