This chapter, in pursuance of the authority granted by the legislature of the State of Oklahoma in 11 O.S. §§ 43-101—43-109, 44-101—44-110, and 45-101—45-104, shall be known as the "Zoning Ordinance of the City of Watonga," and may be cited as such.

(Prior Code, § 10-1-1)

State Law reference— State laws applicable to zoning, 11 O.S. §§ 43-101 et seq., 44-101 et seq., 45-101 et seq.

The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; and to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities and other facilities. In interpreting and applying the provisions of this chapter, they shall be held to be necessary for the promotion of the public heath, safety, comfort, convenience and general welfare.

(Prior Code, § 10-1-2)

A.

This chapter classifies and regulates the use of land, buildings and structures within the corporate limits of the City as hereinafter set forth, by dividing the City into zones and regulating therein the use of land and the use and size of buildings as to the height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings and the density of population, all of the purpose of promoting the health, safety and welfare of the City.

B.

Except as hereinafter otherwise provided, no land shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in conformity with the regulations contained herein.

(Prior Code, §§ 10-1-3, 10-1-4)

For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.

Accessory building means a subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the building or premises.

Accessory use means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.

Advertising sign or structure means any cloth, care, paper, metal, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including a statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this chapter.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses, shall be secondary, to that of the normal agricultural activities. The operation of commercial feed pens, sales yards, and auction yards for horses, cattle or hogs shall be deemed an industrial and not an agricultural use.

Alley means a minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Apartment house. See "Dwelling, multiple family."

Automobile means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, buses, motor scooters and motor cycles.

Automobile repair. See "Garage, repair."

Automobile service station. See "Gasoline service or filling station."

Automobile wash or laundry means a structure designed primarily for washing automobiles using production-line methods with a chain conveyor, blower, steam cleaner, high-pressure spray or other mechanical device.

Automobile wrecking or salvage yard means:

1.

Any place where two or more vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation; or

2.

Any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof and including any farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging or scavenging of any other goods, articles or merchandise.

Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Boarding house means a dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more, but not exceeding 20 persons on a weekly or monthly basis.

Building means any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate building.

Building coverage means the lot area covered by all buildings located thereon, including the area covered by all overhanging roofs, including carports.

Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck-line of a mansard roof or the average height of the highest gable of a pitch or hip roof.

Building line means the same as the front yard setback line. In the case of corner lots the side yard setback line on the lot side abutting a street shall also be included.

Building, main means a building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

Carport means a permanent roofed structure not permanently enclosed on more than two sides.

Child care center means any place, home or institution which receives three or more children under the age of 16 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or other church activities.

Court means an open unoccupied space, other than a yard on the same lot with a building or group of buildings and which is bordered on two or more sides by such building or buildings.

Court, inner means a court other than an outer court. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.

Court, outer means a court the full width of which opens onto a required yard, or street or alley. The width of the outer court is the minimum horizontal dimension measured in the same general direction as the yard, street or alley upon which the court opens. The depth of an outer court is the minimum horizontal dimension measured at right angles to its width.

District means any section or sections of the City for which the regulations governing the use of land and the use, density, bulk, height or coverage of buildings or other structures or premises.

Drive-in restaurant means any establishment where food, frozen dessert or beverage is sold to the consumer and where motor vehicle parking space is provided and where such food, frozen dessert or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.

Dry cleaning, or laundry, self-service means any attended or unattended place, building, or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth, fabrics, and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.

Dwelling means any building or portion thereof, which is designed or used as living quarters for one or more families, but not including mobile homes or travel trailers.

Dwelling, detached means a dwelling having open space on all sides.

Dwelling, multiple family means a detached dwelling designed to be occupied by three or more families living independently of each other, exclusive of auto or trailer court or camps, hotels or resort-type hotels.

Dwelling, single-family means a detached dwelling designed to be occupied by one family.

Dwelling, two-family means a detached dwelling designed to be occupied by two families living independently of each other.

Family means one or more persons related by blood, marriage or adoption, or a group of not to exceed five persons, not all related by blood or marriage, occupying a boarding or lodging house, hotel, club or similar dwelling for group use.

Garage apartment means a dwelling unit for one family erected above a private garage.

Garage, parking means any building, or portion thereof, used for the storage of four or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.

Garage, private means an accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which is accessory.

Garage, repair means a building in which are provided facilities for the care, servicing, repair or equipping of automobiles, to include collision service, such as body or frame straightening and repair, and painting of automobiles, but not including automobile or machinery salvage operations.

Gasoline service or filling station means any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, or other automobile accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repairs or automatic automobile washing or laundry or the sale of butane or propane fuels.

Home occupation means any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or advertising sign other than one non-illuminated nameplate not more than two square feet in area attached to the main or accessory building, and no mechanical equipment is used except as its customary for purely domestic or household purposes. A beauty or barber shop, tea room or restaurant, rest home or clinic, doctor's or dentist's office, child care center, tourist home, or cabinet, metal or auto repair shop shall not be deemed a home occupation.

Hotel means a building or group of buildings under one ownership containing six or more sleeping rooms occupied or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.

Kennel means any lot or premises on which are kept four or more dogs, more than six months of age.

Lot means any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as are required by this chapter and other laws or ordinances, and having its principal frontage on a street.

Lot, area means the total area measured on a horizontal plane, included within lot lines.

Lot, corner means a lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Lot, double frontage means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, frontage means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

Lot, interior means a lot other than a corner lot.

Lot lines means the lines bounding a lot.

Medical facilities means any of the following:

1.

Convalescent, rest or nursing home, defined as health facility where persons are housed and furnished with meals and continuing nursing care for compensation;

2.

Dental clinic or medical clinic, defined as a facility for the examination and treatment of ill and afflicted human outpatients, provided that patients are not kept overnight except under emergency conditions;

3.

Dental office or doctor's office, defined as the same as dental or medical clinic;

4.

Hospital, defined as an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices which are in integral part of the facilities;

5.

Public health center, defined as a facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith; and

6.

Sanatorium, defined as an institution providing health facilities for in-patient treatment or treatment and recuperation making use of natural therapeutic agents.

Mobile home means a movable or portable dwelling or structure which exceeds wither eight body feet in width or 32 body feet in length, consisting of one or more components or of two or more units separately towable but designed to be joined into one integral unit designed for towing or transport on streets and highways on its own wheels, chassis or on flatbed or other trailers, designed to be used as a dwelling, except for minor and incidental unpacking and assembly operations, location on jacks or with or without permanent foundations or skirting, when connected to utilities and similar operations. Unless otherwise indicated in the text of this chapter, the term "mobile home" shall refer to an "independent mobile home" as defined in this section.

Mobile home park means any parcel or plot of ground under single ownership upon which two or more mobile homes, occupied for residence, dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations. This shall not include a parcel or plot of ground where a mobile home owner has his mobile home established on the parcel and is living in the mobile home, and the owner establishes one additional single mobile home space, which space must comply with the spacing and safety requirements of this chapter.

Nonconforming use means a structure or land lawfully occupied by a use that docs not conform to the regulations of the district in which it is situated.

Off-street parking space means a parking space not on or extending over any public easement or right-of-way.

Parking space means an improved surface, enclosed or unenclosed, which has adequate access to a public street or alley, sufficient in size to store one automobile. For the purpose of this chapter, the size of the parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet plus adequate area for ingress and egress.

Rooming house means a building where lodging only is provided for compensation to three or more, but not exceeding 20 persons. A building which has accommodations for more than 20 persons shall be defined as a hotel under the terms of this chapter.

Secure facility means a facility where six or more persons are housed under partial or total restraint for incarceration, detention, or other similar purposes.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half means a space under a sloping roof which has the line of intersection of roof decking and wall fact not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

Street means any public or private thoroughfare which affords the principal means of access of abutting property.

Street, intersecting means any street which joins another street at an angle, whether or not it crosses the other.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.

Tourist court means an area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient persons or families and intended primarily for automobile transients.

Tourist home means a dwelling in which sleeping accommodations in not more than four rooms are provided or offered for transient guests for compensation.

Trailer, hauling means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer park or travel trailer park means any plot of ground upon which two or more travel trailers, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.

Travel trailer or trailer means all vehicles and portable structures built on a chassis, designed as a temporary or permanent dwelling fortravel, recreational, and vacation use not included in the definition of independent mobile homes. For purpose of regulation sunder this chapter, a dependent mobile home shall be considered to be the same as a travel trailer, unless otherwise specified.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

Yard, front means a yard located in front of the front elevation of a building line and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.

Yard, rear means a yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side means a yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.

(Prior Code, § 10-1-6; Ord. No. 534, 2-17-1998)

For the purpose of this chapter the following districts are hereby established for the City:

1.

Agricultural districts (A):

a.

A-1 General Agriculture District;

2.

Residential districts (R):

a.

R-1 Single-Family District;

b.

R-2 Two-Family Residential District;

c.

R-3 Multiple-Family Residential District;

3.

Commercial districts (C):

a.

C-1 Neighborhood Commercial District;

b.

C-2 General Commercial District; and

4.

Industrial districts (1):

a.

I-1 Restricted Manufacturing and Wholesale District; and

b.

I-2 General Industrial District.

5.

Secure facility districts (SF).

The City is hereby divided into districts as shown on the zoning map, filed with the City Clerk. The zoning districts map of the City and all of the notations, references, and other matters shown thereon, shall be made as much a part of this chapter as if notations, references or other matters set forth by the map were all fully described herein. The district map is on file in the office of the City Clerk at the City Hall of the City.

(Prior Code, § 10-1-5; Ord. No. 534, 2-17-1998)

This district is intended to provide an area primarily for either agricultural endeavors, involving 20 or more acres under on ownership or the extraction of the various products such as oil, minerals, rock, and gravel from the earth. The rural nature and low density of population in this district requires only that uses essential to agriculture, mining, quarrying, and extraction have a reasonable setback of buildings from streets and highways. It is the purpose of this district to encourage and protect such uses from urbanization until such is warranted and the appropriate change in district classification is made.

(Prior Code, § 10-3-1)

Property and buildings in an A-1 General Agricultural District shall be used only for the following purposes:

1.

Single-family dwelling structure for farm owner, operator, or employee;

2.

All agricultural land uses, buildings, and activities;

3.

Mining, quarrying, and extraction industries;

4.

Drilling for and extraction of oil and natural gas in accordance with the ordinances of the City;

5.

Transportation, pipeline, and utility easements and rights-of-way;

6.

Temporary roadside stands for the sale of farm products grown on the premises; provided, however, that up to 50 percent of the display area for produce, may be used for the sale of products not grown on the premises. The temporary structure shall be required to set back from the roadway only an adequate distance to permit parking and ingress and egress, and shall not be constructed in such a location as would create an undue traffic hazard subject to the regulations and recommendations of the enforcement officer;

7.

All of the following uses:

a.

Airport or landing field;

b.

Cemetery;

c.

Church;

d.

Country club;

e.

Golf course;

f.

Home occupation;

g.

Library;

h.

Municipal use;

i.

Park or playground;

j.

Plant nursery;

k.

Public stable or riding arena; and

l.

Public utility buildings and facilities; and

8.

Accessory buildings which are not a part of the main building, including barns, shed, and other farm buildings, private garages, and accessory buildings which are a part of the main building.

(Prior code, § 10-3-2)

A.

Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements except as provided in Article G., General Provisions, on height requirements:

1.

The minimum depth of the front yard shall be 25 feet; and

2.

When a yard has double frontage the front yard requirements shall be complied with on both streets.

B.

Side yard. There are not side yard or rear yard setback requirements for either main or accessory buildings except that clusters of three or more dwellings on one parcel of land under one ownership shall be located on the parcel in such a manner that each dwelling will comply with the minimum side yard and rear yard requirements as set forth below, in the event that one or more of the home sites is conveyed to a second party. The following side yard requirements apply:

1.

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than seven feet for dwellings of one story, and of not less than ten feet for dwellings of more than one story, except as hereinafter provided in this Code;

2.

For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located more than 90 feet behind the front lot line;

3.

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 25 feet in every other case. The side yard setback adjacent to a federal, state or county highway and section line road shall be the same as the front yard setback required on these facilities. The interior side yard of a corner lot shall be the same as for dwellings and accessory buildings on an interior lot; and

4.

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of not less than 35 feet. The side yard setback from the intersecting street on the corner lot shall be the same as required for residential uses in paragraph 3. of this subsection.

C.

Rear yard. There shall be a rear yard fora main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

D.

Intensity of use requirements are as follows:

1.

For each single family dwelling and buildings accessory thereto, there shall be a lot area of not less than 10,000 square feet for each dwelling and buildings accessory thereto;

2.

Where a lot has less area than herein required and all of the boundary lines of that lot touch lands under other ownership at the effective date of these regulations, that lot may be used for any of the uses, except churches, permitted in this article; one-single family dwelling unit or for the uses set forth above, but not for the raising of animals; and

3.

For churches and main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and off-street parking areas required in this Code. However, that the lot area for a church shall not be less than 21,000 square feet, and for each increment in seating capacity of 20 persons which exceeds a seating capacity of 100 persons in the main auditorium, an additional 3,000 square feet of lot area shall be provided.

E.

Coverage. Main and accessory buildings shall not cover more than 25 percent of the lot area on interior lots, and 30 percent of the lot area on corner lots; accessory buildings shall not cover more than 20 percent of the rear yard.

(Prior Code, Sec. 10-3-3)

No building shall exceed two and one-half stories or 35 feet in height except as provided in article H hereof.

(Prior code, § 10-3-4)

The R-1 Single-Family Dwelling District is the most restrictive residential district. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from the encroachment of uses which are not appropriate to residential environment. Stability of property values, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities an through consideration of the proper functional relationship of the different uses.

(Prior Code, § 10-4-1)

Property and buildings in an R-1 Single-Family Dwelling District shall be used only for the following purposes:

1.

Detached single-family dwelling;

2.

Churches, but not including missions or revival tents or arbors;

3.

Public school or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping;

4.

Public park or playground;

5.

Library;

6.

Home occupation;

7.

Transportation and utility easements, alleys and rights-of-way;

8.

Accessory buildings which are not a part of a main building, including one private garage, or accessory buildings which are a part of a main building, including one private garage;

9.

A temporary bulletin board or sign, not exceeding 12 square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold;

10.

A church bulletin board or sign, not exceeding 15 square feet in area, attached to the main building or located behind the front building line on the same lot with the church building;

11.

Temporary building of the construction industry which is incidental to the erection of buildings permitted in this district and which shall be removed when construction work is completed; and

12.

Parking lot required to serve the uses permitted in this district.

(Prior Code, § 12-4-2)

The following uses may be permitted on review by the Board of Adjustment in accordance with provisions contained in chapter 1 of this part 12:

1.

Municipal use, public building and public utility;

2.

Plant nursery in which no building or structure is maintained in connection therewith; and

3.

Golf course or country club.

(Prior Code, § 10-4-3; Ord. No. 571, 7-17-2001)

All buildings shall be set back from street right-of-way and lot lines to comply with the following yard requirements:

1.

Front yard.

a.

The minimum depth of the front yard shall be 25 feet; and

b.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

2.

Side yard.

a.

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than five feet for dwellings of one story, and of not less than ten feet for dwellings of more than one story, except as hereinafter provided in article G of this chapter;

b.

For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory buildings are located more than 90 feet behind the front lot line;

c.

For dwellings and accessory buildings located on corner lots there shall be a side yard set back from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 25 feet in every other case. The interior side yard of a corner lot shall be the same as for dwellings and accessory buildings on an interior lot; and

d.

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of not less than 25 feet.

3.

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

4.

Lot width. For dwellings there shall be a minimum lot width of 50 feet at the front building line and such lot shall abut on a street for a distance of not less than 35 feet.

5.

Intensity of use.

a.

There shall be a lot area of not less than 6,000 square feet for a single-family dwelling, not less than 8,000 square feet for a two-family dwelling;

b.

There shall be a lot area of not less than 8,000 square feet where a garage apartment is located on the same lot with a single-family dwelling;

c.

For churches and main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking area required in article H of this chapter; provided, however, that the lot area for a church not be less than 14,000 square feet; and

d.

There shall be a lot area, of not less than 5,000 square feet for each mobile home located in a mobile home subdivision.

6.

Coverage. Main and accessory buildings shall not cover more than 35 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.

No building shall exceed two and one-half stories or 35 feet in height except as provided in article H of this chapter.

(Prior Code, § 10-4-5)

The R-2 General Residential District is a residential district to provide for medium population density. The principal use of the land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. Stability of property values, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through consideration of the proper functional relationship of each use permitted in the district.

(Prior Code, § 10-5-1)

The following uses are permitted in the R-2 District:

1.

Any use permitted in an R-I Residential District;

2.

Two-family dwellings or a single-family dwelling and a garage apartment; and

3.

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(Prior Code, § 10-5-2)

The following uses may be permitted on review by the Board of Adjustment in accordance with provisions contained in chapter 1 of this part 12:

1.

Any use permitted on review in an R-1 Single-Family Dwelling District;

2.

Rooming and boarding house;

3.

Child care center;

4.

Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling and is operated only by the inhabitants thereof and does not exceed two operators. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one non-illuminated nameplate, not exceeding two square feet in area, attached to the main building;

5.

Institutions of a religious, educational or philanthropic nature;

6.

An off-street parking lot associated with a C-Commercial use as required under the provisions of article I of this chapter; and

7.

Mobile home subdivisions and mobile home parks, providing that no travel trailers shall be allowed in mobile home parks, and further providing that such mobile home subdivisions and mobile home parks conform fully to the applicable provisions of this chapter and to those set forth in this Code relating to mobile homes and travel trailers, and all amendments thereto.

(Prior Code, § 10-5-3; Ord. No. 571, 7-17-2001)

All buildings shall be set back from street right-of-way lines or lot lines to comply with the following yard requirements:

1.

Front yard.

a.

The minimum depth of the front yard shall be 25 feet; and

b.

When a yard has a double frontage then front yard requirements shall be complied with on both sides.

2.

Side yard.

a.

For dwellings located on interior lots there shall be a side yard on each side of the main dwelling of not less than eight feet for dwellings of one story, and of not less than four feet for dwellings of more than one story, except as hereinafter provided in article H;

b.

For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory buildings are located more than 90 feet behind the front lot line; and

c.

For dwellings and accessory buildings located on corner lots there shall be a side yard set back from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 20 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

3.

Rear yard.

a.

For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building; and

b.

Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet to the rear lot line.

4.

Lot width. There shall be a minimum lot width of 50 feet at the front building line for single-family dwellings and ten feet additional width at the front building line for each family, more than one, occupying a dwelling. A lot shall abut on a street not less than 35 feet.

5.

Intensity of use.

a.

There shall be a lot area of not less than 6,000 square feet for a single-family dwelling, not less than 8,000 square feet for a two-family dwelling;

b.

There shall be a lot area of not less than 8,000 square feet where a garage apartment is located on the same lot with a single-family dwelling;

c.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot are shall be adequate to provide the yard areas required by this section and the off-street parking area required in article G of this chapter; provided, however, that the lot area for a church shall not be less than 14,000 square feet; and

d.

There shall be a lot area of not less than 5,000 square feet for each mobile home located in a mobile home subdivision.

6.

Coverage. Main and accessory buildings shall not cover more than 35 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.

(Prior Code, § 10-5-4)

No building shall exceed two and one-half stories or 35 feet in height, except as provided in article U of this chapter.

(Prior Code, § 10-5-5)

This residential district is intended to provide for multiple-family developments which may have a relatively intense concentration of dwelling units served by open spaces including common areas and facilities, thereby resulting in moderate gross densities. The principal use of land may be for one or several dwelling types ranging from single-family to low-rise multiple-family dwellings, and including garden apartments, condominiums and townhouses.

(Prior code, § 10-6-1)

Property and buildings in an R-3 Multiple-Family Residential District shall be used only for the following purposes:

1.

Any use permitted in an R-2 Two-Family Residential District;

2.

Townhouse, not exceeding eight units per dwelling;

3.

Multiple-family dwellings; and

4.

Accessory buildings and uses customarily incidental to the above uses.

(Prior Code, § 10-6-2)

The following uses may be permitted on review by the Board of Adjustment in accordance with the provisions contained in chapter 1 of this part 12:

1.

Any use permitted on review in an R-2 Two-Family Residential District; and

2.

Mixed mobile home and travel trailer parks, and travel trailer parks, provided that all such parks shall fully conform to the applicable provisions of this chapter and those set forth in this Code relating to mobile homes and travel trailers, and all amendments thereto.

(Prior code, § 10-6-3)

All buildings shall be set back from street right-of-way lines or lot lines to comply with the following yard requirements:

1.

Front yard requirements are as follows:

a.

The minimum depth of the front yard shall be 25 feet;

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet; and

c.

When a yard has double frontage the front yard requirements shall be provided on both streets.

2.

Side yard requirements are as follows:

a.

For detached dwellings and for unattached sides of attached dwellings located on an interior lot, a side yard of not less than five feet shall be provided on the unattached sides of the main dwelling for the first story and an additional three feet of the side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that detached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 90 feet from the front property line;

b.

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 20 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot; and

c.

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of not less than 25 feet.

3.

Rear yard. For main buildings there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

4.

Lot width requirements are as follows:

a.

For single-family dwellings there shall be a minimum lot width of 50 feet at the front building line, and the front lot line shall abut a street for a distance of not less than 35 feet;

b.

For townhouse dwellings there shall be a minimum lot width of 22 feet at the front building line, and the front lot line shall abut a street for a distance of not less than 22 feet; provided, however, that whenever a side yard is required, the width of the lot at the building line shall be increased by an amount equal to the width of the required side yard; and

c.

For multiple-family dwellings there shall be a minimum lot width of 60 feet at the front building line and the width shall be increased by ten feet for each additional dwelling unit exceeding three which is located in the dwelling; however, the lot width at the front building line shall not be required to exceed 150 feet; and further provided that the front lot line shall abut a street for a distance of not less than 50 feet.

5.

Intensity of use requirements are as follows:

a.

For a single-family dwelling, there shall be a lot area of not less than 6,000 square feet; and

b.

For all dwellings other than single-family there shall be a lot area of not less than 5,000 square feet per dwelling unit, including private and common area. In determining lot sizes for townhouses and multiple-family dwellings, common area shall be allocated equally per dwelling unit by dividing the total square footage of the common area by the number of dwelling units which it serves.

6.

Coverage. Main and accessory buildings shall not cover more than 40 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.

(Prior Code, § 10-6-4)

No building shall exceed two and one-half stories or 35 feet in height, except as provided in article H of this chapter.

(Prior code, § 10-6-5)

The C-1 Neighborhood Commercial District is for the conduct of retail trade and personal service enterprises to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious and educational uses, more restrictive requirements for light, open air space and off-street parking are made than are provided in other commercial districts. It is intended that uses permitted in this district be homogeneously grouped to provide maximum customer convenience and to reduce congestion on streets adjacent to such uses.

(Prior Code, § 16-37)

Property and buildings in a C-1 Neighborhood Commercial District shall be used only for the following purposes:

1.

Any use permitted in an R-3 Residential District;

2.

Any use permitted on review in an R-3 Residential District;

3.

Retail stores and shops which supply the regular and customary needs of the residents of the neighborhood and which are primarily for their convenience, as follows:

a.

Antique shop;

b.

Appliance store;

c.

Arts school, gallery or museum;

d.

Artists materials supply studio;

e.

Automobile parking lot;

f.

Automobile service station;

g.

Auto court or tourist court;

h.

Baby shop;

i.

Bakery goods store;

j.

Barber shop;

k.

Beauty shop;

l.

Book or stationery store;

m.

Camera shop;

n.

Candy store;

o.

Catering establishment;

p.

Cleaning, pressing, laundry collection agency;

q.

Curio or gift shop;

r.

Drug store or fountain;

s.

Dry goods store;

t.

Dairy products or ice cream store;

u.

Delicatessen;

v.

Dress shop;

w.

Florist shop, green house, nursery;

x.

Furniture store;

y.

Grocery store or market;

z.

Hardware store;

aa.

Jewelry or notion store;

bb.

Lodge hall;

cc.

Meat market;

dd.

Medical facility;

ee.

Messenger or telegraph service;

ff.

Musical instrument sales;

gg.

Newspaper or magazine sales;

hh.

Office business;

ii.

Optometrists sales and service;

jj.

Photographer studio;

kk.

Pharmacy;

ll.

Radio and television sales and service;

mm.

Restaurant;

nn.

Self-service laundry or dry cleaning;

oo.

Sewing machine sales, instruction;

pp.

Sporting goods store;

qq.

Shoe repair shop;

rr.

Tailor shop;

ss.

Toy shop or store; or

tt.

Variety store.

4.

Name plate and sign relating only to the use of the store and premises or to products sold on the premises;

5.

Accessory buildings and uses customarily incidental to the above uses; and

6.

A building used for any of the above enumerated uses may not have more than 40 percent of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in 1. through 5. above shall be displayed or stored outside of a building.

(Prior Code, § 10-7-2)

The area requirements for dwellings shall be the same as the requirement of the R-3 Residential District. The following requirements shall apply to all other uses permitted in this district:

1.

Front yard. All buildings shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth;

2.

Side yard. On the side of a lot adjoining a dwelling district there shall be a side yard of not less than ten feet. There shall be a side yard setback from an intersecting street of not less than 25 feet;

3.

Rear yard. There shall be provided an alley, service court, rear yard or combination thereof, of not less than 30 feet; and

4.

Area of off-street parking. Buildings shall be provided with yard area adequate to meet the off-street parking requirements set forth in article I of this chapter.

(Prior Code, § 10-7-3)

No building shall exceed two and one-half stories or 35 feet in height, except as hereinafter provided in article H of this chapter.

(Prior Code, § 10-7-4)

The C-2 General Commercial District is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and those trucks and commercial vehicles required for stocking and delivery of retail goods.

(Prior Code, § 10-8-1)

Property and buildings in a C-2 General Commercial District shall be used only for the following purposes:

1.

Any use permitted in C-1 Neighborhood Commercial District;

2.

Amusement enterprises;

3.

New automobile sale and services, new machinery sales and service, and public garages, provided no gasoline is stored above ground; used automobile and machinery sales and service, and automobile and machinery repairing if conducted in conjunction with a retail agency and wholly within a completely enclosed building, but not including automobile or machinery wrecking establishments or junk yards;

4.

Any of the following businesses:

a.

Advertising signs or structures;

b.

Auto court or tourist court;

c.

Ambulance service, office or garage;

d.

Automobile retail gasoline service station;

e.

Bait sales;

f.

Bakery;

g.

Bath house;

h.

Boat sales;

i.

Bus terminal;

j.

Cleaning plant;

k.

Clothing or apparel store;

l.

Commercial school or hall;

m.

Dance hall;

n.

Department store;

o.

Drive-in theater or restaurant;

p.

Electric transmission station;

q.

Feed and seed store;

r.

Frozen food locker;

s.

Furniture repair and upholstery;

t.

Funeral parlor or mortuary;

u.

Golf course, miniature or practice range;

v.

Healing, ventilating or plumbing supplies, sales and services;

w.

Ice storage locker plant or storage house for food;

x.

Interior decorating store;

y.

Kennel;

z.

Key shop;

aa.

Laboratories, testing and experimental;

bb.

Laundry;

cc.

Leather goods shop;

dd.

Liquor store;

ee.

Museums;

ff.

Music, radio or television shop;

gg.

Nightclub;

hh.

Novelty shop;

ii.

Nursery or garden supply store;

jj.

Outdoor advertising signs;

kk.

Pawn shop;

ll.

Pet shop;

mm.

Printing plant;

nn.

Recreation center;

oo.

Research laboratories;

pp.

Roller skating rink;

qq.

Sign painting shop;

rr.

Hospital for small animals;

ss.

Stock and bond broker;

tt.

Storage warehouse;

uu.

Theater;

vv.

Tavern;

ww.

Used automobile ales; and

xx.

Wholesale distributing center;

5.

Buildings, structures and uses accessory and customarily incidental to any of the above uses, provided that there shall be no manufacture, processing, or compounding of products other than such as are customarily incidental and essential to retail establishments; and

6.

Any other store or shop for retail trade or for rendering personal, professional, or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.

(Prior Code, § 10-8-2)

1.

The following uses shall be permitted in the C-2 General Commercial District, provided that they comply with the additional provisions of this subsection:

a.

Boat sales and service;

b.

Farm implement and machinery, new and used, sales;

c.

Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales;

d.

Mobile home and travel trailer sales;

e.

Monument sales;

f.

New and used car and truck sales;

g.

Prefabricated house sales; and

h.

Trailers for hauling, rental and sales.

2.

The uses enumerated in a. through h. above shall comply with the following provisions:

a.

All open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level at the side or the rear of the lot on which the open storage or display occurs; provided, however, that screening shall not be required in excess of seven feet in height;

b.

All yards, unoccupied with buildings or merchandise or used as traffic ways, shall be landscaped with grass and shrubs and maintained in good condition the year round;

c.

Driveways used for ingress and egress shall not exceed 25 feet in width, exclusive of curb returns; and

d.

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.

(Prior Code, § 108-3)

The area regulations for dwellings shall be the same as the requirements of the R-3 Residential District. The following requirements shall apply to all other uses permitted in this district:

1.

Front and side yards. There are no specific front or side yard requirements for uses other than dwellings;

2.

Rear yard. There shall be provided an alley, service court, rear yard, or combination thereof, of not less than 30 feet in width; and

3.

Area for off-street parking. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in article H of this chapter.

(Prior Code, § 10-8-4)

No building shall exceed two and one-half stories or 35 feet in height, except as hereinafter provided in article H of this chapter.

(Prior Code, § 10-8-5)

The I-1 Restricted Manufacturing and Warehousing District is intended for manufacturing and assembly plants and warehousing that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation facilities; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the light and heavy industrial districts. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.

(Prior Code, § 10-9-1)

Property and buildings in an I-1 District shall be used only for the following purposes:

1.

Any use, except a residential use, permitted in a C-2 General Commercial District. No dwelling uses except sleeping facilities for caretakers and night watchmen employed on the premises shall be permitted; and

2.

Any of the following uses:

a.

Bottling works;

b.

Book bindery;

c.

Candy manufacturing;

d.

Engraving plant;

e.

Electrical equipment assembly;

f.

Electronic equipment assembly and manufacture;

g.

Food products processing and packing;

h.

Furniture manufacturing;

i.

Instrument and meter manufacturing;

j.

Jewelry and watch manufacturing;

l.

Laundry and cleaning establishment;

m.

Leather goods fabrication;

n.

Optical goods manufacturing;

o.

Paper products manufacturing;

p.

Shoe manufacturing;

q.

Sporting goods manufacturing; or

r.

Wholesale or warehousing enterprise.

All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings, and shall not emit any dust or smoke, or noxious odor or fumes outside of the building housing the operation, or produce a noise level occurring on the adjacent street. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing at ground level.

(Prior Code, § 10-9-2)

All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements:

1.

Front yard. All buildings shall set back from tile street right-of-way line to provide a front yard having not less than 25 feet in depth;

2.

Side yard. No building shall be located closer than 25 feet to a side lot line;

3.

Rear yard. No building shall be located closer than 25 feet to the rear lot line; and

4.

Coverage. Main and accessory buildings and off-street parking and loading facilities shall not cover more than 80 percent of the lot area.

All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

(Prior code, § 10-9-3)

No building or structure shall exceed 35 feet in height, except as hereinafter provided in article H of this chapter.

(Prior Code, § 10-9-4)

The I-2 General Industrial District is intended primarily for the conduct of manufacturing, assembling and fabrication. These uses do not depend primarily on frequent visits of customers or clients, but usually require good accessibility to major rail, air or street transportation facilities.

(Prior Code, § 10-10-1)

A.

Property and buildings in an I-2 General Industrial District shall be used only for the following purposes:

1.

Any use permitted in the I-1 Restricted Manufacturing and Warehousing District. No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in an I-2 General Industrial District;

2.

Blacksmith shop;

3.

Building materials sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant;

4.

Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors;

5.

Farm produce, grain and feed storage including grain elevators;

6.

Freighting or trucking yard or terminal;

7.

Oil field equipment storage yard;

8.

Public utility service yard or electrical receiving or transforming station;

9.

City and county equipment service yard;

10.

The following uses when conducted with a completely enclosed building:

a.

The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products;

b.

The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: Bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yarn and paint not employing a boiling process;

c.

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only be electricity or gas;

d.

The manufacture and maintenance of electric and neon signs, commercial advertising structure, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like;

e.

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps;

f.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and batter manufacturing;

g.

Machine shop;

h.

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors; and

i.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like; and

11.

Buildings, structures and uses accessory and customarily incidental to any of the above uses.

B.

The uses permitted under this section shall be conducted in such a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.

(Prior Code, § 10-10-2)

The following uses may be permitted on review by the Board of Adjustment in accordance with the provisions contained in chapter 1 of this part:

1.

Cement, lime or gypsum manufacture;

2.

Commercial feed pens for livestock;

3.

Disposal plants of all types including trash and garbage, sewage treatment including lagoons and compost plants;

4.

Natural gas production and distribution;

5.

Packing house;

6.

Petroleum production and refining;

7.

Sale barn;

8.

Salvage yards for automobiles, building materials, scrap metal, junk or any other kind of salvage; provided, however, that all salvage operations shall be so screened by ornamental walls, fences or evergreen planting that it cannot be seen by a person standing at ground level at any place immediately adjacent to the lot on which the salvage operation is located;

9.

Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products; and

10.

Any use not otherwise authorized by this chapter.

(Prior Code, 5 10-10-3; Ord. No. 571, 7-17-2001)

A.

Front and side yard. There are no specific front or side yard requirements for uses in this district. However, a building shall set back a distance of not less than 25 feet from the side lot line that adjoins a residence district.

B.

Rear yard. Where a building is to be serviced from the rear there shall be provided an alley, service court, rear yard or combination thereof of not less than 30 feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater. In all other cases no rear yard is required. However, a building shall set back a distance of not less than 25 feet from the side lot line that adjoins a residence district.

C.

Yard area. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in article I of this chapter.

(Prior code, § 10-10-4)

No building shall exceed 35 feet in height, except as hereinafter provided in article H of this chapter.

(Prior Code, § 10-10-5)

The Secure Facility District is intended to provide secure facilities wherein persons are housed under restraint and where most or all residential needs must be provided for in such facilities. The unique nature of these facilities is such that use of property for these purposes is not permitted in the agricultural, residential, commercial or industrial zones. These areas are intended for high density populations in a secured environment for the purposes of incarceration, detention, or other similar uses.

A.

Property and buildings in secure facility shall be used only for the following purposes:

1.

Private correctional facility, including but not limited to prisons, halfway houses and work camps;

2.

Juvenile detention facility;

3.

Any facility wherein persons are housed or restrained for the protection of the public.

B.

Buildings, structures and uses accessory and customarily incidental to any of the above uses, including but not limited to, food service, laundry, medical facilities, administration, security, library, and any other services or activities which primarily serve or relate to the residents or inmates thereof.

Any use which is similar in nature to the uses permitted in section 12-292 and meets the definition of secure facility.

A.

Front and side yards. All buildings shall set back from the street right-of-way line at least 25 feet and shall set back at least 50 feet from the side lot line that adjoins a residential district.

B.

Rear yards. Where a building is to be serviced from the rear, there shall be provided an alley, service court, rear yard or combination thereof of not less than 30 feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is greater. Otherwise, no rear yard is required.

C.

Yard area. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements of article I of this chapter.

No building shall exceed two and one-half stories or 35 feet in height, except as hereinafter provided in article G of this chapter, unless the facility has its own firefighting capability sufficient to meet the needs thereof.

There shall be provided adequate security measures to ensure the protection of the public. All security measures shall be subject to review and approval by the City Council, through the Planning and Zoning Committee.

(Ord. No. 534, 2-17-1998)

A.

Whenever the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district, unless otherwise specified.

B.

It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used for non-residential purposes.

(Prior Code, § 10-2-6)

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in this chapter:

1.

No space which for the purpose of a building or dwelling, or group thereof has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this chapter may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building;

2.

Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed two feet. Open uncovered porches or open fire escapes may project into a front or rear yard a distance not to exceed five feet. Fences, walls, and hedges in residential districts may be erected in any required yard, or along the edge of any yard, provided that no fence, wall or hedge located in front of the front building line shall exceed 42 inches in height, and no other wall or fence shall exceed seven feet in height;

3.

Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured starting at a point 25 feet from the center line of the street easement;

4.

No dwelling shall be erected on a lot which does not abut on at least one street, of at least 50 feet in width, for a distance of not less than 35 feet, except where a street of lesser width is in existence at the time the initial adoption of these regulations, and, due to previous construction, it is impractical to obtain the otherwise required additional street width as determined by the Planning Commission. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress;

5.

No minimum lot sizes and open spaces are prescribed for commercial and industrial uses. 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 operation of the enterprise;

6.

On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth, which obstructs sight lines at elevations between two feet six inches and six feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a right angle on the area of the lot adjacent to the street intersection; and

7.

An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street easement line.

(Prior Code, § 10-2-1)

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in this chapter:

1.

In measuring heights, a habitable basement or attic shall be counted as a story. A story in a sloping roof, the area of which story at a height of four 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; and

3.

Churches, schools, hospitals, sanatoriums, and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of the rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the height of such public or semi-public building exceeds the prescribed height limit.

(Prior code, § 10-2-2)

Except as otherwise permitted in this chapter, accessory buildings shall be subject to the following regulations:

A.

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used.

B.

Where an accessory building is structurally attached to a main building, it shall be subject, and must conform to all regulations of this chapter applicable to the main building.

C.

No detached accessory building shall be located closer than ten feet to any main building.

D.

The architectural design and materials used for the construction of accessory buildings and fences shall harmonize with the main building to which the building or fence is accessory.

(Prior Code, § 10-2-4)

The parking and storage of mobile homes and travel trailers, and the design and construction standards and procedures for mobile home and travel trailer parks, shall be in accordance with the requirements set forth in this code relating to mobile homes and travel trailers and all amendments thereto.

(Prior Code, § 10-2-5)

Cross reference— Mobile home regulations, §§ 12-501 et seq. of this Code.

Animals in any district shall be kept only in accordance with the ordinances of the City.

(Prior Code, § 10-2-8)

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the ordinances of the City and the regulations of the Liquefied Petroleum Gas Administration of the state.

(Prior Code, § 10-2-7)

It is the intent of these requirements that adequate parking and loading facilities be provided off the street easement for each use of land within the City. Requirements are intended to be based on the demand created by each use. These requirements shall apply to all uses in the districts.

(Prior Code, § 10-2-3)

A.

Off-street parking or loading space shall be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.

B.

The area required for off-street parking shall be in addition to the yard areas herein required; except that the front yard required in a C-1 Neighborhood Commercial District or an I-1 Restricted Manufacturing and Wholesale District may be used for uncovered parking area; and further provided that the front yard required in a residential district may be used for the uncovered parking area for six or less vehicles associated with a residential use when the area is surfaced with a sealed surface pavement adequate to prevent the occurrence of mud and dust with continued use, and may be used for uncovered parking area for more than six vehicles in accordance with the provisions of section 12-316 of this Code.

(Prior Code, § 10-2-3)

The off-street parking lot shall be located within 200 feet, exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley.

(Prior Code, § 10-2-3)

Whenever two or more uses are located together in a common building, shopping center or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements.

(Prior Code, § 10-2-3)

The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet plus adequate area for ingress and egress.

(Prior code, § 10-2-3)

Off-street parking and loading facilities shall be provided in all districts in accordance with the following schedule:

1.

Dwelling, single-family or duplex: One parking space for each separate dwelling unit with the structure;

2.

Dwelling, multiple-family: The number of spaces provided shall not be less than one and one-half times the number of units in the dwelling;

3.

Boarding or rooming house or hotel: One parking space for each two guests provided overnight accommodations;

4.

Hospitals: One space for each four patient beds, exclusive of bassinets, plus one space for each staff or visiting doctor, plus one space for each three employees including nurses, plus adequate area for the parking of emergency vehicles;

5.

Medical or dental clinics or offices: Six spaces per doctor plus one space for each two employees;

6.

Sanatoriums, convalescent or nursing homes: One space for each six patient beds plus one space for each stall or visiting doctor plus one space for each two employees including nurses;

7.

Community center, theater, auditorium, church sanctuary: One parking space for each four seats, based on maximum seating capacity;

8.

Convention hall, lodge, club, library, museum, place of amusement or recreation: One parking space for each 50 square feet of floor area used for assembly or recreation in the building;

9.

Office building: One parking space for each 300 square feet of gross floor area in the building, exclusive of the area used for storage, utilities and building service;

10.

Commercial establishments not otherwise classified: One parking space for each 150 square feet of floor space used for retail trade in the building and including all areas used by the public; and

11.

Industrial establishments: Adequate area to park all employees' and customers' vehicles at all times and adequate space for loading, unloading and storing all vehicles used incidental to or as a part of the primary operation of the establishment.

For all uses not covered in the above, the Planning Commission shall make a determination of the parking demand to be created by the proposed use, and the amount of parking thus determined shall be the off-street parking requirements for the permitted use.

(Prior Code, § 10-2-3)

Whenever off-street parking lots for more than four vehicles are to be located within or adjacent to a residential district, the following provisions shall apply:

1.

No parking shall be permitted within a front yard setback established 15 feet back of the property line of interior and corner lots wherever the parking lot is located in a residential district or immediately abuts the front yard of a residential unit. In all other cases no setback shall be required;

2.

All yards shall be landscaped with grass and shrubs and maintained in good condition the year round;

3.

Driveways used for ingress and egress shall be confined to and shall not exceed 25 feet in width, exclusive of curb returns;

4.

Whenever lighting is provided, the intensity of light and arrangement of reflectors shall be such as not to interfere with residential district uses; and

5.

No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lots. Only non-intermittent white lighting of signs shall be permitted.

(Prior Code, § 10-2-3)

A nonconforming building or structure existing at the time of adoption of this chapter may be continued, maintained and repaired, except as otherwise provided in this chapter.

(Prior Code, § 10-11-1)

A nonconforming building or structure shall not be added to or enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yards or height or off-street parking space, the building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which the building or structure is located. No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of the building or structure is made to conform to all of the regulations of the district in which it is located.

(Prior Code, § 10-11-1)

Any advertising sign, billboard, commercial advertising structure, or statuary, which is lawfully existing and maintained at the time this chapter initially became effective which does not conform with the provisions hereof, shall not be structurally altered and all such nonconforming advertising signs, billboards, commercial advertising structures and statuary, and their supporting members shall be completely removed from the premises not later than three years from the initial effective date of this chapter.

(Prior Code, § 10-11-1)

A building or structure or portion thereof, which is [nonconforming] as to use, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

(Prior Code, § 10-11-1)

A.

A nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure or changed except to a conforming use. If such a nonconforming use, or a portion thereof, is discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located. A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one year after the effective date of this chapter, but otherwise it shall be used in conformity with the regulations of the district in which it is located.

B.

The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification, but where the use of nonconforming building or structure is changed to a use of more restricted district classification, it thereafter shall not be changed to a use of a less restricted district classification; provided, however, that a building or structure that is nonconforming as to use at the time of adoption of this chapter, or at any time thereafter, shall not be changed to a wholesale or retail liquor store unless such change in use conforms to the provisions of the district in which it is located.

(Prior Code, § 10-11-1)

A nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than $1,000.00, existing at the time of adoption of this chapter, may be continued for a period of not more than three years therefrom, provided that:

1.

The nonconforming use may not be extended or expanded, nor shall it occupy more area than was in use on the initial effective date of this chapter; or

2.

If the nonconforming use or any portion thereof is discontinued for a period of six months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which the land is located.

(Prior Code, § 10-11-2)

A.

All new additions and annexations of land to the City shall be in an R-1 Residential District, unless otherwise classified by the City Council, for a period of time not to exceed one year from the effective date of the ordinance annexing the addition.

B.

Within this one-year period of time, the Planning Commission shall study and make recommendations concerning the use of land within the annexation required to promote the general welfare and in accordance with the Comprehensive Plan, and upon receipt, of such recommendations by the City Council shall, after public hearing as required by law, establish the district classification of the annexation; provided, however, that this shall not be construed as preventing the City Council from holding public hearings prior to annexation and establishing the district classification at the time of the annexation.

(Prior Code, § 10-14-4; Ord. No. 498, 1-17-1995)

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:

1.

Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries;

2.

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries;

3.

Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such scaled distance therefrom as indicated on the zoning maps; and

4.

Where the boundary of a district line follows a railroad line, such boundary shall be deemed to be located on the easement line to which it is closest, which shall completely include the railroad easement unless otherwise designated.

(Prior Code, § 10-1-7)

Whenever any street, alley or other public easement is vacated, the district classification of the property to which the vacated portions of land accrue shall become the classification of the vacated land.

(Prior Code, § 10-1-8, 10-14-5)

A.

No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure on any tract of land which does not comply with all of the provisions of this chapter.

B.

A violation of this chapter shall be deemed a misdemeanor and shall be punished. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this chapter shall be punished as provided in section 1-108 of this Code, including costs for each offense. Each day a violation is permitted to exist shall constitute a separate offense.

C.

A violation of this chapter shall be deemed a misdemeanor and shall be punished. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this chapter shall be punished as provided in section 1-108 of this Code, including costs for each offense. Each day a violation is permitted to exist shall constitute a separate offense.

(Prior Code, § 10-14-2)