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Wells City Zoning Code

CHAPTER 7

ZONING DISTRICTS; ALLOWABLE AND SPECIAL USES

10-7-1: DISTRICTS ESTABLISHED:

This title establishes the following zoning district classifications, the permitted uses, the uses requiring a special use permit, the requirements for structure locations, area, height and bulk. The boundaries of these districts are shown on the zoning map incorporated herein by reference and made a part hereof and hereby designated as the "official zoning map". (Ord. 138, 1-26-1988)

10-7-2: AG AGRICULTURAL DISTRICT:

This district is for the purpose of providing for and protecting intensive agricultural areas whether cultivated or used for grazing, and providing and protecting open space for present and future generations.
   A.   Regularly Permitted Uses And Limitations:
      Farming, ranching and/or crop production.
      Flood control.
      Horticultural nursery.
      Outdoor recreation.
      Residence for farm or domestic workers.
      Single-family residence.
   B.   Uses Permitted With Special Use Permit:
      Animal hospital, kennel.
      Broadcasting station.
      Cemetery.
      Church.
      Commercial livestock feed or sales yard.
      Convalescent home or elderly housing.
      Dairy products processing.
      Fish, gun, riding clubs, dude ranch.
      Gravel excavation.
      Home occupation.
      Labor camp.
      Mining and/or raw material processing.
      Nursery, kindergarten, daycare.
      School, private/parochial. (Ord. 138, 1-26-1988)
   C.   Requirements For Structural Locations, Area, Height And Bulk:
 
1.
Minimum parcel size
5 gross acres
2.
Maximum density
1 residential dwelling per 5 acres
3.MR:1>Setback requirements:
a. Front yard
Minimum 50 feet
b. Side yard
Minimum 50 feet
c. Rear yard
Minimum 30 feet
 
(Ord. 179, 6-24-1997)
      4.   Setback distances shall be measured from the property line, not the pavement. The edge of the road right of way shall be considered to be one-half (1/2) of the width of the right of way from the centerline of the road right of way.
 
5. Height limitation
45 feet
6. Maximum lot coverage
5 percent
 
(Ord. 138, 1-26-1988)

10-7-3: R-1 RESIDENTIAL SINGLE-FAMILY DISTRICT:

This district is primarily for the purpose of providing single-family homes on individual lots.
   A.   Regularly Permitted Uses And Limitations:
      Accessory building or structure.
      Single-family residences which meet the development standards set forth in section 10-7-19 of this chapter.
   B.   Accessory Permitted Uses: The accessory permitted uses, incidental to the primary uses, within the single-family district are:
      Children's playhouse.
      Garage (private).
      Greenhouse (private).
      Home occupation.
      Recreation (swimming pool, tennis court) for individual or subdivision use.
      Toolhouse or workshop (private).
   C.   Uses Permitted With A Special Use Permit:
      Church.
      Convalescent home.
      Horticultural nursery.
      Nursery, kindergarten, daycare.
      Public well, fire station, police station.
      Residence for domestic workers.
      School, private/parochial.
   D.   Requirements For Structural Location, Area, Height And Bulk:
 
1.
Minimum parcel size:
a. Interior lots
6,000 square feet
b. Corner lots
7,000 square feet
2.
Setback requirements:
a. Front yard
Minimum 20 feet
b. Side yard
Minimum 5 feet
c. Rear yard
Minimum 15 feet
 
      3.   Accessory buildings may be constructed within a rear yard and rear one-half (1/2) of a side yard if all surfaces of the building or structure are constructed to one hour fire rating, are at least twenty feet (20') from the property line and provided the owner of the adjoining property approves in writing.
 
4.
Height limitation
Maximum 35 feet
5.
Maximum lot coverage
35 percent
6.
Minimum lot width
50 feet
 
(Ord. 179, 6-24-1997)

10-7-4: R-1E RESIDENTIAL SINGLE-FAMILY ESTATE DISTRICT:

This district is primarily for the purpose of providing single-family homes on individual lots that may utilize on site water and sewer facilities subject to approval of the state health officer.
   A.   Regular Permitted Uses And Limitations:
      Normal household pets - no livestock or farm animals.
      Orchard crops.
      Single-family residence.
   B.   Accessory Permitted Uses: The accessory permitted uses incidental to primary uses within the single-family district are this list plus other uses of similar nature:
      Children's playhouse.
      Garage (private).
      Greenhouse (private).
      Guest building.
      Home occupation.
      Recreation (swimming pool, tennis court) for individual or subdivision development use.
      Toolhouse or workshop (private).
   C.   Permitted With A Special Use Permit:
      Church.
      Convalescent home.
      Home occupation.
      Nursery, kindergarten, daycare.
      Public well, fire station, police station.
      Residence for domestic workers.
   D.   Requirements For Structural Locations, Area, Height And Bulk:
 
1.
Minimum parcel size
1 acre gross
2.
Setback requirements:
a. Front yard
Minimum 20 feet
b. Side yard
Minimum 10 feet
c. Rear yard
Minimum 30 feet
3.
Height limitation
Maximum 35 feet
4.
Minimum lot width
60 feet
 
(Ord. 179, 6-24-1997)

10-7-5: R-2 RESIDENTIAL MEDIUM AND HIGH DENSITY DISTRICT:

This district is for multiple permanent residential dwellings:
   A.   Regular Permitted Uses And Limitations:
      Mobile residences - with MH combining district.
      Multiple permanent residences - apartments or condominiums not to exceed six (6) dwelling units.
      Single-family residences which meet the development standards set forth in section 10-7-19 of this chapter.
      Two-family residential dwellings. (Ord. 179, 6-24-1997)
   B.   Accessory Permitted Uses:
      Children's playhouse.
      Garage or carport (private).
      Greenhouse (private).
      Home occupation.
      Recreation (swimming pool, tennis court) for individual or subdivision use.
      Workshop (private).
   C.   Uses Permitted With A Special Use Permit:
      Church.
      Convalescent home or elderly housing.
      Home occupation.
      Horticultural nursery.
      Mortuary.
      Multiple permanent residences - apartments or condominiums exceeding six (6) dwelling units.
      Nursery, kindergarten, daycare.
      Rooming-boarding house.
      School, private/parochial.
      Service or fraternal club or lodge.
   D.   Requirements For Structural Locations, Area, Height And Bulk:
1.
Minimum parcel size:
a. Interior lots
6,000 square feet
b. Corner lots
7,000 square feet
2.MR:1>Setback requirements:
a. Front yard
Minimum 20 feet
b. Side yard
Minimum 10 feet
c. Rear yard
Minimum 10 feet
3.
Height limitation
Maximum 40 feet
 
(Ord. 138, 1-26-1988)

10-7-5.1: R-3 AGRICULTURAL/RESIDENTIAL DISTRICT:

   A.   Intent: The purpose of the agricultural/residential zoning district is to provide and preserve low density, single-family residential living areas that are semirural or agricultural in character and transitional in relationship to more urbanized residential areas of higher density; to allow for the sheltering of large domestic or farm animals on a lot or parcel in conjunction with an established residential use; and to preclude the encroachment of land use activities that may be incompatible with the character of the semirural residential environment.
   B.   Principal Uses Permitted:
      One single-family dwelling of a permanent character in a permanent location with each dwelling unit on its own parcel of land and provided all area and setback requirements are met.
      Publicly owned and operated parks and recreation areas and centers.
      Sheltering of farm animals:
      1.   This area shall be exclusive of the area dedicated for residential use.
      2.   The keeping of domestic horses, cattle, donkeys, llamas and alpacas under the ownership of the resident occupant of the lot or parcel shall be considered as a permitted principal use; provided that any combination of such animals on any one lot shall be limited to one animal for the first forty three thousand six hundred fifty (43,650) square feet (1 acre) of lot area. One additional large animal may be maintained for each additional fifteen thousand (15,000) square feet of lot area contained in the same lot.
      3.   The keeping of domestic sheep, potbelly pigs, miniature horses and goats under the ownership of the resident occupant of the lot or parcel shall be considered as a permitted principal use; provided that any combination of such animals on any one lot shall be limited to six (6) animals for the first twenty one thousand (21,000) square feet of lot area. One additional small animal be maintained for each additional ten thousand (10,000) square feet of lot area contained in the same lot.
      4.   The keeping of such farm animals shall conform to all other provisions of law governing same, and no animal, nor any pen, stable, barn, or corral shall be kept or maintained within fifty feet (50') of any principal dwelling (other than that occupied by the owner of such domestic animal), any public building, park, school, hospital, or any other public plan. There shall be no killing or dressing of any such animal for commercial purposes.
      5.   Poultry like chickens, turkeys, pheasants, peacocks, pigeons, ducks, geese, or other domestic fowl and rabbits raised for food, education, scientific or furbearing purposes; provided not more than twelve (12) per one-half (1/2) acre of any one or combination of such animals and fowl may be maintained on one lot.
      6.   The keeping of such domestic animals or fowl shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen or coop, shall be kept or maintained within fifty feet (50') of any window or door of any residence, dwelling or any other building used for human habitation (other than that occupied by the owner of such animals or fowl).
      7.   Pigs may be allowed with a special use permit only.
   C.   Special Use Permits: Any of the following uses may be permitted as principal uses upon approval of a special use permit in accordance with the provisions of this chapter and those set forth in section 10-3-2 of this title regarding special use permits. In reviewing special use permit applications, the planning commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
      Churches, church facility complexes and places of religious worship.
      Public buildings provided cultural, educational, administrative and fire and police service to residents of the district.
   D.   Accessory Uses Permitted: Accessory buildings, structures, and uses customarily incidental to a permitted use such as the following may be permitted, except as otherwise provided in this chapter:
      Childcare family home.
      Garden house, tool house, ramada; outdoor swimming pool and similar home recreational facilities provided that such facilities are used solely by occupants of the premises and their guests.
      Guesthouse or servants' quarters.
      Home occupations in accordance with other provisions of this chapter.
      Private garage or carport.
      Storage parking for recreational vehicles owned by the occupant provided that it is located in a garage, carport, rear or interior side yard, and is not provided water and sewer connections.
      Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant provided that such equipment is located in garage, carport or rear or interior side yard.
   E.   Property Development Standards:
      1.   Development standards shall adhere to factory built and manufactured homes as set forth in section 10-7-19 of this chapter. Noncomplying situations may be allowed, only with a special use permit.
      2.   Subdivisions within an agricultural/residential district which are essentially independent and self-contained, and which are characterized by lots which are no less than one- half (1/2) acre in size, may utilize rural road standards upon recommendation by the planning commission and approval of the Wells board of councilmen. (Ord. 198, 10-22-2002)

10-7-6: MH MOBILE HOME COMBINING DISTRICT:

This is a suffix that may be added to the R-2 districts, such as R-2MH. The owner of property in the R-2MH district may thereafter utilize permanent built dwellings, modular or prefabricated dwellings, mobile homes on foundations, or mobile homes as a dwelling in the R-2MH districts according to the regulations for minimum lot sizes, setbacks, offsets, heights, parking, landscaping, access, density, attachment to sewer and water or other regulations applicable to dwellings in the R-2 district, except as provided by section 10-10-13 of this title. The MH district is to allow property owners to rent or sell lots of record for the placement of mobile homes and by paying a permit fee as set by the board of councilmen by resolution. (Ord. 179, 6-24-1997)
   A.   Limitations: Campers, travel trailers, camping trailers, pickup coaches, tents, motor homes or other vehicles or devices not defined as permanent dwellings or mobile homes shall not be used as permanent dwelling structures. All structures and uses allowed by the underlying district may be built or placed upon the site of the dwelling.
   B.   Mobile Home Zone Subclassifications: There shall be only one mobile home combining district, with four (4) subdistricts each permitting a different minimum density in the mobile home combining district.
      These use densities may include mobile home-5 (MH-5), which shall require five thousand (5,000) square feet of lot size per mobile home unit; mobile home-6 (MH-6), which shall require six thousand (6,000) square feet of lot space per mobile home unit, which classifications are intended for singlewide mobile homes only. Mobile home-8 (MH-8), which shall require a minimum of eight thousand (8,000) square feet of lot space per mobile home unit; mobile home-10 (MH-10), which shall require a minimum of ten thousand (10,000) square feet of lot space per mobile home unit, which classifications are intended for doublewide mobile homes only.
   C.   Regular Permitted Uses And Limitations:
      Mobile residences - with MH combining districts.
      Multiple permanent residences - apartments or condominiums not to exceed six (6) dwelling units.
      Single-family residences.
      Two-family residential dwellings.
   D.   Accessory Permitted Uses:
      Children's playhouse.
      Garage or carport (private).
      Greenhouse (private).
      Home occupation.
      Recreation (swimming pool, tennis court) for individual or subdivision use.
      Workshop (private).
   E.   Uses Permitted With A Special Use Permit:
      Church.
      Convalescent home or elderly housing.
      Home occupation.
      Horticultural nursery.
      Mobile home parks and mobile home subdivisions.
      Mortuary.
      Multiple permanent residences - apartments or condominiums exceeding six (6) dwelling units.
      Nursery, kindergarten, daycare.
      Rooming-boarding house.
      School, private/parochial.
      Service or fraternal club or lodge.
   F.   Requirements For Mobile Home Location, Area, Height And Bulk:
      1.   Minimum lot size, width and yard requirements:
         a.   On all corner lots in any MH districts add one thousand (1,000) square feet.
 
District
Lot Size (In Square Feet)
Lot Width (In Feet)
Yards (In Feet)
Front
Side
Rear
MH-5
5,000
50
20
5 and 10
10
MH-6
6,000
60
20
5 and 10
10
MH-8
8,000
75
20
5 and 10
10
MH-10
10,000
100
25
10 and 10
20
      2.   Height limitations: Maximum forty feet (40').
   G.   Modification Of Restrictions:
      1.   Side Yards: The side yard setback on a "street side" yard shall be the same as a front yard setback.
      2.   Garages And Accessory Buildings: Private garages and accessory buildings located at least ten feet (10') behind the main dwelling may have a side yard and rear yard of two feet (2') provided that all corner lots shall maintain a twenty five foot (25') setback on the street side.
      3.   Mobile Homes: No mobile homes on adjacent lots shall be closer together than fifteen feet (15').
      4.   Mobile Home Skirting: All mobile homes shall be skirted within thirty (30) days, with an approved appearance skirting. All skirts shall be kept in place and in good repair at all times. Skirting material shall be approved by the Building Inspector. (Ord. 138, 1-26-1988)

10-7-7: BC BUFFER COMMERCIAL DISTRICT:

The primary purpose and application of the buffer commercial district shall be to establish a buffer zone to protect the R districts from high level noise, flashing lights and heavy traffic. This district shall provide suitable lands and locations for various retail, service and commercial activities which involve a relatively low volume of direct consumer contact.
   A.   Regular Permitted Uses: All uses permitted in R-1, R-2 and the following:
      Art studios.
      Barber and beauty shops.
      Banks, financial institutions.
      Childcare centers.
      Florists.
      Healing art, health care facilities, including medical and dental offices.
      Laboratories: medical, dental, optical.
      Laundry or dry cleaning pick up outlets.
      Lodges, fraternal organizations, recreation, social and service clubs.
      Offices: both business and professional, including accountants, architects, collection agencies, chiropractors, employment agencies, engineers, health services, insurance agencies, law offices, real estate, stenographic services, title insurance firms.
      Pharmacies when operated in conjunction with, and within the same building of a medical clinic.
      Photographic studios.
      Schools for music, dance, teaching and creative arts.
      Trade schools.
      Travel agencies.
      Uses determined to be functionally comparable to principal permitted uses in this zone.
   B.   Uses Permitted With A Special Use Permit:
      Churches, church facility complexes and places of religious worship.
      Convalescent hospitals, sanitariums, nursing homes, homes for the aged.
      Funeral homes and mortuaries.
      Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse, condominium or attached housing developments.
      Restaurants, sandwich and beverage shops, delicatessens.
      Theaters, indoor.
      Similar uses determined to be functionally comparable to conditional permitted uses in this zone.
   C.   Property Development Standards:
      1.   Lot Area: The minimum lot area shall be fifteen thousand (15,000) square feet.
      2.   Lot Width: The minimum lot width shall be one hundred feet (100').
      3.   Lot Coverage: The maximum lot coverage shall be fifty percent (50%).
      4.   Front Yard: A minimum setback of thirty feet (30') shall be required.
      5.   Rear Yard: A minimum setback of ten feet (10') shall be required.
      6.   Interior Side: A minimum setback of zero feet to five and one-half feet (51/2) shall be required. Interior side yards which abut any residential district shall observe the five and one-half foot (51/2) setback required as part of the R zoning district.
      7.   Exterior Side: A minimum setback of thirty feet (30') shall be required.
      8.   Building Height: Building height shall not exceed thirty five feet (35'), or requirements contained within the airport master plan, whichever is the most restrictive.
   D.   General Regulations:
      1.   The outdoor storage of goods or materials shall be prohibited.
      2.   Warehousing or the indoor storage of goods or materials beyond that normally incidental to permitted uses shall be prohibited. (Ord. 179, 6-24-1997)

10-7-8: GC GENERAL COMMERCIAL DISTRICT:

The purpose of the general district is to preserve a commercial district limited primarily to offices and retail sales of merchandise. All uses within the retail commercial district shall be conducted within a building and aside from display windows, be screened from view. Temporary outside display and sale of merchandise on city property for a period not to exceed thirty (30) days may be authorized by the mayor and board of councilmen.
   A.   Regular Permitted Uses And Limitations: All uses permitted in R-1, R-2:
      Retail stores, including:
      Antique stores.
      Apparel and department stores.
      Bakery.
      Bar, cocktail lounge, eating and drinking establishments.
      Book or stationery store.
      Confectionery store.
      Drugstore, pharmacy.
      Dry good or notions store.
      Florist or gift shop.
      Furniture stores.
      Gaming and gambling establishments, including off premises liquor sales.
      Grocery, fruit or vegetable store.
      Hardware or electrical appliance store.
      Horticultural nursery, greenhouse (retail only).
      Jewelry store.
      Meat market or delicatessen.
      Secondhand stores, if conducted wholly within completely enclosed buildings.
      Services:
         Amusement enterprises.
         Art gallery.
         Bank.
         Barbershop and beauty parlor.
         Blueprinting and photostating.
         Cafe or restaurant (including dancing or entertainment).
         Car and RV (lot sales only).
         Car or self-moving automobile rental agencies.
         Carpenter shop, if conducted wholly within a completely enclosed building and no more than five (5) persons are employed on the premises.
         Church.
         Clinic (human or animal).
         Clothes cleaning agency and/or pressing establishment.
         Club or lodge (nonprofit), fraternal or religious association.
         Community center.
         Conservatory of music.
         Dance studio.
         Dressmaker or millinery shop.
         Drive-in business.
         Fortune telling, clairvoyance or astrology.
         Hotel, motel.
         Indoor commercial recreational facilities.
         Interior decorating store
         Locksmith.
         Lumberyard (retail and contractor sales only, with enclosed yard).
         Medical and dental laboratories.
         Mortuary.
         Newspaper, printing, lithographing, reproducing.
         Office or office buildings for the conduct of business, professional or administrative services.
         Paint store (retail only).
         Photographer.
         Plumbing shop (same stipulations as carpenter shop).
         Post office.
         Public garage, including automobile repairing and incidental body work, painting, upholstery, if all operations are conducted wholly within a completely enclosed building; and provided that where a public garage is located on a lot which does not abut an alley and is within sixty five feet (65') of a lot in any R district, the garage wall which parallels the nearest line of such district shall have no opening other than stationary windows.
         Self-service automatic laundry, and/or dry cleaning, pick up agency.
         Service station, including facilities for general repair (indoor) and/or mechanical washing.
         Shoe store and repair.
         Tailor.
         Theater (indoor), live or motion picture.
         Wedding chapel.
      Other uses similar to above if approved by the planning commission.
   B.   Uses Permitted With A Special Use Permit:
      Frozen food locker plants (excluding wholesale processing or cold storage).
      Hospital (human or small animals).
      Parking lot (metered).
      Public services, including electric distributing substations, fire or police station, telephone exchange and similar uses.
      Schools, private, trade, parochial, daycare.
      Truck service (maintenance and repair).
      Other uses found by the planning commission to be functionally similar to those uses permitted in this district.
   C.   Requirements For Structure Location, Area, Height And Bulk:
1.
Minimum parcel size:
a. Interior lots
6,000 square feet
b. Corner lots
7,000 square feet
2.
Setback requirements:
a. Front yard
0
b. Side yard
0
c. Exterior side yard
0
d. Rear yard
0
3.
Height limitations
45 feet. Additional height may be allowed with a special use permit
 
   D.   Outside Sales And Storage: Outside sales and storage of other bulk building materials which shall not be stored outside, may be allowed as accessory use to any of the principal uses listed in this chapter.
      1.   Storage areas shall be enclosed by a sight obscuring fence, wall or hedge permanently installed and maintained at a minimum height of six feet (6'); provided that the design of any such wall or sight obscuring fence shall be first approved by the planning commission prior to installation. No materials and/or equipment shall be stored therein to a height exceeding that of the wall or fence, except vehicles rented or leased from the premises.
      2.   Storage areas shall not occupy more than twenty percent (20%) of the lot area.
      3.   Storage areas shall not be located within any required yard setback, nor shall they be located in any way which interferes with normal traffic flow onto, within or from the lot or which impedes sight distance in intersections, or which otherwise impedes driver visibility. In the case of gasoline service stations, storage areas shall not be permitted in the setback distance applicable to pump islands.
   E.   Outside Uses: All outside storage, sales of merchandise and repair operations in the general commercial district shall be screened from adjacent residential use districts by a sight obscuring fence, wall or hedge permanently installed and maintained at a minimum height of six feet (6'). Temporary unscreened outside display and sale of merchandise adjacent to residential use districts for a period not to exceed thirty (30) days may be authorized by the manager. (Ord. 138, 1-26-1988)

10-7-9: TC TOURIST COMMERCIAL DISTRICT:

The tourist commercial district is established to provide space for highway and tourist related enterprises adjacent to major routes of travel so regulated as to prevent the impairment of safe and efficient movement of traffic and to encourage attractive development compatible with adjacent residential land uses.
   A.   Regular Permitted Uses: All uses permitted in R-1, R-2 and GC districts.
   B.   Uses Permitted With A Special Use Permit: Same as in BC (subsection 10-7-7B of this chapter).
   C.   Requirements For Structure Location, Height And Bulk:
1.
Minimum parcel size:
a. Interior lots
6,000 square feet
b. Corner lots
7,000 square feet
2.
Setback requirements:
a. Front yard
30 feet
b. Side yard
0
c. Rear yard
0, unless abutting another use, then the setback shall be 20 feet
3.
Height limitations
45 feet. Additional height may be allowed with a special use permit
4.
Minimum lot width
100 feet
 
(Ord. 138, 1-26-1988)

10-7-10: RC RESTRICTED COMMERCIAL DISTRICT:

   A.   Principal Uses Permitted: Licensed houses of prostitution and limited residential uses associated therewith and sexually oriented principal and accessory business uses as defined in section 10-13-2 of this title shall be permitted in restricted commercial zoned areas.
   B.   Relocation Restrictions: It shall be unlawful to locate or relocate any house of prostitution or any sexually oriented principal business uses in any area within the city except within a restricted commercial district.
   C.   General Regulations:
      1.   The planning commission may require with approval of the board of councilmen landscaping sufficient to promote the compatibility with the neighborhood.
      2.   The outdoor storage of goods or material shall be prohibited.
   D.   Special Use Permits Required: Houses of prostitution and all principal sexually oriented businesses in RC zoning district shall be subject to the special use permit procedure as set forth in section 10-3-2 of this title.
   E.   Requirements:
 
1.
Minimum parcel size
6,000 square feet
2.
Setback requirements:
a. Front yard
20 feet
b. Side yard
10 feet
c. Rear yard
15 feet
3.
Minimum lot width
60 feet
 
(Ord. 182, 11-12-1997)

10-7-11: MI-1 WAREHOUSE - LIGHT INDUSTRIAL DISTRICT:

This district permits warehouses, moving and storage terminals, manufacturing and processing plants as defined.
   A.   Regular Permitted Uses And Limitations:
      Air express office or depot.
      Animal boarding, breeding, kennel.
      Automobile body repairs.
      Automobile storage (no dismantling).
      Bicycle racetrack.
      Bottle collecting, storage or sorting.
      Building materials storage yard and sales.
      Cabinet shop.
      Construction equipment and supplies.
      Contractor's equipment and supplies, retail and wholesale.
      Crating and hauling depot, crate storage.
      Electric light and power company yard.
      Equipment rental, storage, servicing and repair.
      Fish distributor, wholesale or stock wagon operation.
      Ice plant.
      Ironworks, decorative custom shop ornamental.
      Laboratories (medical, dental, optical, chemist, veterinary).
      Laundry, steam or wetwash (processing plant).
      Lumberyard.
      Manufacture and assembly of products.
      Mobile home, camper, RV sales.
      Packaging.
      Paint storage, shop.
      Plumbing shop (storage yard).
      Printing or stenciling designs on fabric, cloth or wallpaper.
      Recycle center.
      Road building equipment, wholesale and storage.
      Roofing contractor's yard.
      Service station.
      Sheet metal shop, custom work.
      Spraying equipment yard.
      Storage units, consisting of storage for the following:
         Art, coin, antique collections.
         Carpet, tile, textile, flooring and the like.
         Hardware or home shop equipment.
         Home firewood storage.
         Home furnishings and appliances.
         Home repair equipment and supplies.
         Lawn, garden and yard maintenance equipment.
         Motorboats.
         Off road vehicles.
         Recreational vehicles.
         Riding equipment.
         Sailboats.
         Sporting equipment such as golf, tennis, archery and the like.
      Termite or pest control business.
      Tire repair (no recapping).
      Toys, wholesale.
      Transformer station.
      Truck depot, parking service.
      Warehousing, motor freight, dry goods, liquor, tobacco, mover, mail order and the like.
      Welding shop.
      Wood storage yard.
   B.   Accessory Permitted Uses:
      Automobile parking.
      Mechanical equipment building.
   C.   Uses Permitted With A Special Use Permit:
      Amusement park, miniature golf, pitch and putt.
      Broadcasting stations including transmitting facilities.
      Cemetery.
      Commercial livestock feed or sales yard.
      Gravel excavation.
      Mining and/or raw materials processing.
      Outside storage facility.
      Playground or community center.
      Other kinds of uses found by the planning commission to be functionally similar to those permitted in this district.
   D.   Requirements For Structure Location, Areas, Height And Bulk:
1.
Minimum parcel size:
a. Interior lots
10,000 square feet
b. Corner lots
12,000 square feet
2.
Setback requirements:
a. Front yard
Minimum 10 feet
b. Side yard:
Interior side
0
Exterior, side street yard
10 feet
c. Rear yard
No setback required except that along an alley a 10 foot setback or other means shall be provided for large commercial solid waste containers to be stored, picked up and replaced
3.
Height limitation
50 feet
4.
Minimum lot width
100 feet
 
(Ord. 138, 1-26-1988)

10-7-12: MI-2 HEAVY INDUSTRIAL DISTRICT:

This district permits in general the uses permitted in the MI-1 district plus heavier industrial uses.
All open storage in the heavy industrial district which abuts the entrances of the city shall be screened from public view.
   A.   Regular Permitted Uses And Limitations: The primary permitted uses in the light industrial district and this list plus other uses of a similar nature:
      Any uses permitted in light industrial zone but not R districts use except as watchman's quarters in conjunction with those uses permitted exclusively in heavy industrial districts.
      Assembly plant (assembly of products).
      Bronze, retail and wholesale.
      Butane storage and sales.
      Cannery.
      Cement or direct products sale.
      Coal storage.
      Cold storage plant.
      Crane storage yard.
      Creamery.
      Die casting.
      Distillation of liquor.
      Drilling company equipment yard.
      Extrusion of metals.
      Farm products storage.
      Flour mill.
      Forge plant.
      Frozen food processing, wholesale.
      Grain elevator.
      Granite grinding, dressing or cutting.
      Honey processing and packing.
      House mover, wrecking yard.
      Laundry, steam or wetwash (processing plant).
      Livestock, sales and shipping.
      Machine shop.
      Marble grinding, dressing or cutting.
      Metal working plant, shaping and bending process.
      Milk, bottling, condensed, manufacturing.
      Mobile home, camper manufacturing.
      Outdoor theater.
      Paving, contractor equipment, storage and wholesale.
      Pipe storage.
      Planing mill.
      Power plant (electrical or gas).
      Radio broadcasting station including antenna towers.
      Rental stores and agencies for heavy equipment and machinery exceeding the maximum size and type for limited and general commercial districts.
      Salvage company equipment yard.
      Septic tank service.
      Television sending and receiving tower.
      Tire rebuilding, retreading.
      Wood preserving.
      Wrecker's contractor's yard.
      Uses not specified above as regular permitted uses are considered uses permitted with a special use permit.
   B.   Accessory Permitted Uses:
      Automobile parking.
      Mechanical equipment building.
   C.   Uses Permitted With A Special Use Permit:
      Acetylene manufacturing and sale.
      Acid manufacturing and sale.
      Ammunition manufacturing.
      Asphalt manufacturing.
      Bulk fuel station.
      Chemical manufacturing.
      Chromium plating.
      Coal and coke yard.
      Concrete batch plant.
      Creosote manufacturing.
      Disinfectant manufacturing.
      Dump refuse or disposal yard.
      Dye manufacturing.
      Electroplating.
      Foundry.
      Gravel and sand pit, gravel and sand excavation.
      Hide and tallow processing, leather tanning.
      Incineration of animals and garbage.
      Insecticide manufacturing.
      Junk dealer's yard.
      Lubrication compound manufacturing.
      Meatpacker.
      Metal ore reduction.
      Metal plating bulk and custom.
      Milling company.
      Mining and/or raw material processing.
      Ore dump.
      Oxygen manufacturing.
      Paint manufacturing.
      Plastic products manufacturing.
      Processing of products.
      Quarry, stone.
      Rock crushing and stripping.
      Scrap metal processing.
      Sewer service equipment yard.
      Slaughterhouse.
      Stockyard.
      Tire manufacturing.
      Topsoil stripping.
      Other uses requiring a special use permit are those which may produce excessive noise, gaseous byproducts, obnoxious odors, by or of an inflammable or explosive nature, cause dust which may be offensive to adjoining property owners, or which the planning commission may consider to be detrimental to the public health and safety.
   D.   Prohibited Uses:
      Church.
      Institutions.
      Residential.
      School.
   E.   Requirements For Structure Location, Area, Height And Bulk:
1.
Minimum parcel size:
a. Interior lots
10,000 square feet
b. Corner lots
12,000 square feet
2.
Setback requirements:
a. Front yard
Minimum 10 feet
b. Side yard:
Interior side
0
Exterior, side street yard
10 feet
c. Rear yard
No setback required except that along an alley a 10 foot setback or other means shall be provided for large commercial solid waste containers to be stored, picked up and replaced
3.
Height limitation
50 feet
4.
Minimum lot width
100 feet
5.
Minimum area
Required minimum lot area in the heavy industrial district shall be 12,000 square feet for each primary building
 
(Ord. 185, 2-9-1999)

10-7-13: P PUBLIC DISTRICT:

The purpose of the P district is to achieve the following:
      1.   To accommodate the wide range of public institutional and auxiliary uses which are established in response to the health, safety, cultural and welfare needs of the citizens of the city;
      2.   To organize the assemblage of specific, nonprofit and profit public facilities into efficient, functionally compatible and attractively planned administrative centers in conformance with the master plan; and
      3.   To establish site plan approval for many uses thereby insuring compatibility with adjacent more restrictive districts.
   A.   Regularly Permitted Uses And Limitations:
      Campgrounds.
      City, county, state and federal buildings.
      Library.
      Playground, community center, public recreation facilities.
      Police, fire stations.
      Public schools.
   B.   Uses Permitted with Special Use Permit:
      Cemetery.
      Civic auditoriums and theaters.
      Convalescent home or elderly housing.
      Historical sites.
      Hospitals.
      Military sites.
      Museums.
      Public parking lots.
      Schools, private/parochial.
      Wastewater treatment facilities.
      Other uses found by the planning commission to be functionally similar to uses permitted in this district.
   C.   Requirements For Structure Location, Area, Height And Bulk:
 
1.
Minimum parcel size
6,000 square feet
2.
Setback requirements:
a. Front yard
30 feet
b. Side yard
30 feet
c. Rear yard
10 feet
3.
Height limitations
40 feet
4.
Minimum lot width
50 feet
 
   D.   Development Standards: All public district development standards relative to lot area, setbacks, building height, landscaping, off street parking and signs shall be based on requirements and conditions of the use permit. (Ord. 138, 1-26-1988)

10-7-14: AP AIRPORT DISTRICT:

This is a special district for the purpose of limiting the use of land on and adjacent to the airport for aviation and nonstructural uses in order to maintain public safety.
   A.   Regular Permitted Uses:
      Aircraft fueling facilities.
      Aircraft landing facilities and equipment.
      Aircraft maintenance facilities.
      Aircraft parking.
      Aircraft passenger and visitor waiting facilities.
      Automobile and truck parking.
      Eating and lodging facilities.
      Outdoor storage.
   B.   Uses Permitted With Special Use Permit:
      Grazing of livestock.
      Livestock shelters and food storage.
      Open air spectator sporting events.
   C.   Requirements For Structure Locations, Area, Height And Bulk: Requirements will be in accordance with the FAA regulations and the city of Wells approved airport master plan on file with the FAA. (Ord. 138, 1-26-1988)

10-7-15: WM WATER MANAGEMENT DISTRICT:

This is a special district for the purpose of limiting land use in areas where flash flooding may occur and where pollution of public water sources is possible without proper management of the land and its uses. The Humboldt Springs area will be the primary area for application of this district. The Humboldt River is a public trust and must be protected for the future benefit of everyone including the owners of lands through which it passes. The uses in this district are limited to specific agricultural activities conducted at the time this title is put into effect and are hereby subject to further regulation by the county and the state to protect the water source from pollution.
   A.   Regular Permitted Uses And Limitations:
      Open space.
   B.   Uses Permitted With Special Use Permit:
      Accessory buildings.
      Farming, only alfalfa and other animal food crops that require minimum tilling of the soil.
      Grazing of livestock, provided that the number of animals is sufficiently low to prevent pollution or soil erosion.
      Parks and recreation.
      Single-family residences, permanent or manufactured.
   C.   Restricted Uses: No chemicals shall be used on the vegetation or soil unless those chemicals are approved by state and federal agencies involved in water quality regulation.
   D.   Requirements For Structure Location, Area, Height And Bulk:
 
1.
Minimum parcel size
40 acres
2.
Setback requirements:
a. Front yard
100 feet
b. Side yard
100 feet
c. Rear yard
100 feet
3.
Height limitation
45 feet
 
(Ord. 138, 1-26-1988)

10-7-16: H HISTORICAL AREA COMBINING DISTRICT:

This is a suffix that may be added to any district, such as GCH, R-2H or TCH, etc. The city of Wells shall hereafter apply historical area standards to new development and redevelopment in such districts.
   A.   The purpose of this district is to preserve buildings or protect districts which have a historical, architectural, cultural or landmark value. It is also the purpose of this district to preserve, protect and enhance the historical characteristics of structures, uses and areas so designated in order to provide fiscally sound, functional, quality tourist business attractions. This designation may provide for appropriate uses heavier than those permitted in the underlying zone as an aid to owner/community effort to preserve the historical, architectural, cultural or landmark value.
   B.   Permitted Uses: None
   C.   Uses Allowed With A Special Use Permit: A special use permit review will include, but shall not be limited to, architectural design, color, construction, materials, density, site development including lot coverage, landscaping, off street parking and on site advertising. All uses in the underlying zone will be allowed with a special use permit. The planning commission, when reviewing a proposed use, shall approve, deny or conditionally approve such use.
   D.   Historical Designation Criteria:
      1.   Any building, structure, object, site, grounds or garden may be designated a "historical place" by the board if:
         a.   The thing so designated has existed in basic form for more than fifty (50) years; and
         b.   It is not unsound, dangerous or offensive; and
         c.   It is possessed of one or more of the following characteristics:
            (1)   Exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering or architectural past;
            (2)   Embodies the distinguishing characteristics of a style, period, method of construction or development in the city or serves as a valuable example of the use of indigenous materials or craftsmanship;
            (3)   Represents the notable work of a master builder, designer or architect;
            (4)   Represents a rare building type, style, design, or indigenous building form;
            (5)   Is identifiable with persons or events significant in local, state or national history.
      2.   Specific street faces, interrelated groupings of buildings, structures and grounds or other geographically designated areas of the city may be designated a "historical district" by the planning commission if:
         a.   It appears to constitute a fairly distinct section of the city; and
         b.   It is worthy of preservation and protection for significance in the historical past of the city.
      3.   A historical place may be located within or without a historical district.
   E.   Historical Designation Procedure:
      1.   No historical place or district shall be so designated except by resolution of the planning commission adopted after notice to owners of the property or properties which may be designated, publication and public hearing, all as provided in law.
      2.   Any historical district shall be identified upon the land use map of the city with a superimposed symbol "H", but no modification of the underlying zone or permitted uses is intended or allowed except as provided in this code.
      3.   Any historical designation may be removed or boundaries modified after notice, publication and public hearing as provided above.
   F.   Historical Place Or District, Regulation:
      1.   No permit authorizing construction, alteration, remodelling, demolition, removal, the placement of signs or other activity affecting the public appearance of a historical place or a historical district shall issue except as provided in this chapter.
      2.   Permits for interior work and maintenance, repairs or other activities for which no permit is required whether or not outward appearances are affected, are not governed by this chapter.
   G.   Application Requirements:
      1.   The applicant for any permit governed by this chapter, other than demolition or removal, shall submit to the appropriate permit authority such forms, plans and fees as may be required by other provisions of this code.
      2.   Additionally, each applicant shall submit photographs, plans, descriptions, dimensions, drawings, sketches or other information and materials significant in scope and detail to allow meaningful review and determination of the ultimate appearance and impact of the proposed project.
      3.   The permit authority shall offer suggestions in the preparation of an adequate application.
      4.   Professional quality plans, renderings or materials shall not be required but the permit authority or committee may demand additional or clarified information.
      5.   No additional fees shall be charged.
   H.   Review Procedures:
      1.   Without delay, the permit authority shall forward the additional materials to the planning commission for its consideration which shall follow within fourteen (14) days of receipt.
      2.   The planning commission shall cause notice to be given to at least all owners of property within three hundred feet (300') of the proposed project. Notice may be accomplished by mail, telephone or personal contact.
      3.   The planning commission shall meet with the applicant and interested persons to review and discuss the proposed project, suggest alterations if appropriate, define with particularity the intentions of the applicant and act upon the application by recommending to the permit authority:
         a.   Approval with a certificate of appropriateness.
         b.   Approval.
         c.   Approval with specified conditions.
         d.   Denial.
      4.   Unless time is extended with the consent of the applicant, the failure of the planning commission to transmit a recommendation to the permit authority within twenty (20) days of receipt of an application shall be deemed as approval of the project.
      5.   Within three (3) days of receipt of the planning commission's recommendation and upon satisfaction of other code requirements, the permit authority may accept the recommendation to include a certificate of appropriateness.
      6.   If recommendation is rejected or modified, the applicant and the planning commission or any person aggrieved by the decision may give notice of appeal to the board.
      7.   The applicant may appeal to the board of councilmen for a certificate of appropriateness.
      8.   No permit shall issue while an appeal is pending.
   I.   Standard Of Review:
      1.   The planning commission shall make its recommendations of projects based upon the guidelines found in the U.S. department of interior publication entitled "Standards For Historic Preservation Projects", and copies of the guidelines shall be made available for public inspection by the planning commission and permit authority.
      2.   The planning commission may formulate and after approval by the board of councilmen, adopt and utilize additional standards and guidelines.
   J.   Grounds For Planning Commission Action:
      1.   A proposal shall receive a recommendation of denial only if, after due consideration of individual taste and property rights it appears that the proposed project fails to address the purpose of this chapter and, if accomplished, will serve to intrude upon and detract from the place or district in which it is to be found to an extent that the purpose of this chapter could be debased.
      2.   All other proposals shall be approved.
   K.   Certificate Of Appropriateness:
      1.   The endorsement of a proposed project with a certificate of appropriateness shall be reserved by the planning commission for only those projects, large or small, which in all comprehensive detail including materials, colors and method is not only aesthetically compatible but will truly enhance the place or area involved and clearly reflects an effort on the part of the applicant to further the purposes of this chapter.
      2.   Upon completion of a project substantially conforming with a plan receiving a certificate of appropriateness all monies paid by the applicant to the city for plan checks and as residential construction tax, but not including utility related fees, shall be refunded.
   L.   Historical Place Demolition:
      1.   No permit to demolish all or part of a historical place shall issue until the matter has been submitted to the planning commission for consideration.
      2.   The planning commission shall recommend approval or shall endeavor to arrange a sale of the property, removal or some other alternative to demolition.
      3.   Unless time is extended with the consent of the applicant, an application shall be deemed recommended for approval after sixty (60) days.
   M.   Signs:
      1.   All signs on historical places or in historical districts must conform with the sign code and in addition must have an appearance, color, size, position, method of attachment, texture of materials and design in keeping with the character of the place or district.
      2.   Signs shall be further limited as follows:
         a.   No off site signs are permitted.
         b.   Business signs shall be limited to a single sign for each street frontage.
         c.   No sign may extend above the top of the nearest facade, eaves or firewall of a building or structure.
         d.   No sign which flashes, blinks, revolves or is otherwise in motion or which is connected to audio equipment shall be permitted, and no visible bulbs, neon tubing, luminous paints or backlight will be permitted as part of any sign.
         e.   Buildings and signs may be illuminated by remote light sources, provided that these light sources are shielded to protect adjacent properties.
      3.   The planning commission may approve exception to the limitations described above for good cause. (Ord. 138, 1-26-1988)

10-7-17: ZONING DISTRICT REFERENCES:

   A.   A "home occupation" is any gainful occupation engaged in by an occupant of a dwelling unit which meets all of the following conditions:
      1.   Such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and must be owner occupied.
      2.   Any use not conducted entirely within the dwelling or other outbuildings requires a special use permit.
      3.   Additional traffic created does not interfere with normal neighborhood activities and any additional needed parking for employees must be provided for off street.
      4.   Working hours of the person or persons employed by the home business must be compatible with the neighborhood.
      5.   External alterations or construction features intended to accommodate the home occupation which are not customary in dwellings or outbuildings shall be permitted only through means of a special use permit.
      6.   One sign, attached to the wall of the dwelling or outbuilding, no larger than four (4) square feet in area, is the maximum that may be permitted. No lighted signs are permitted. Any sign must be professional in appearance and no hand lettered signs constructed of plywood or other nonprofessional materials will be allowed.
      7.   Light commercial deliveries and pick ups are restricted to those common to residential use.
      8.   Such use will not constitute a nuisance or an adverse aesthetic alteration to the neighborhood.
      9.   Such use shall not produce any offensive noise, vibration, smoke, dust, odor, heat, glare, litter, electrical disturbances or in any other way interfere with the peace, contentment or general welfare of the neighborhood.
      10.   Such use shall not create any illegal discharge of materials, fluids or gases into the air or ground.
      11.   Such use shall not have any adverse effect upon abutting property.
      12.   Every person having a "home occupation", as defined in this subsection, shall obtain a business license from the city clerk.
      13.   The city clerk shall require approval by the planning department prior to issuance of a home occupation business license.
      14.   The business license fee shall be established by resolution of the city council.
      15.   No home occupation may conduct business upon any street, public right of way within the city or public property owned by the city without prior permission, and where necessary, execution of any agreement with the city to conduct the business.
      16.   Yard sales conducted at any residence that do not extend for more than two (2) days and do not occur at the same residence more than twice per year are not considered a home occupation and do not require prior approval or a license from the city.
      17.   Any yard sale which extends for more than two (2) days or a yard sale at the same residence which occurs more than twice during any calendar year is defined as a "home occupation" and must comply with all home occupation requirements set forth in this subsection A. Any such home occupation yard sale must be conducted entirely within the dwelling or other outbuilding unless a special use permit is obtained. (Ord. 217, 7-28-2009)
   B.   A children's nursery, kindergarten or daycare center may be permitted by means of a special use permit and shall comply with the following criteria:
      1.   All state requirements and regulations.
      2.   A minimum of thirty five (35) square feet of usable indoor activity space per child, exclusive of halls, bath and toilet facilities, and food preparation facilities.
      3.   A minimum of one hundred (100) square feet of usable outdoor activity space per child.
      4.   Adequate fencing and/or screening of the play area to protect the children and provide for a separation of the facility from the adjoining residential properties.
      5.   A maximum of two (2) signs, not to exceed an accumulative total of six (6) square feet in area may be permitted, provided they be either attached to the building below the eaves or parapet line or be freestanding and not greater than four feet (4') in height from the average ground level and not be located in a required setback or yard area.
      6.   Other conditions as may be required by a special use permit.
   C.   A convalescent, nursing, rest or other home or elderly housing shall comply with the following criteria:
      1.   All state requirements and regulations.
      2.   A minimum of one hundred (100) square feet of centrally located yard area per occupant bed for the purpose of landscaping, gardening, patios and outdoor recreation.
      3.   Signs must conform to zoning district regulations.
      4.   Other conditions as may be required for a conditional use permit.
   D.   Broadcasting stations are a permitted use in some zones. However, their transmitters and tower may be permitted by special use permit only and provided it is totally surrounded by a security fence or hedge.
   E.   Outdoor storage areas shall be screened from view by means of a sight obscuring fence or hedge.
   F.   Fuel storage yards where bulk gasoline, oil, kerosene, oxygen, natural or other gas and any other highly flammable supplies are to be stored may be permitted by special use permit provided:
      1.   All state regulations are met.
      2.   That no such storage facility be closer to a property or right of way line than one hundred feet (100') or twice its height, whichever is greater. At the above distance a dike shall be constructed totally around the facility of sufficient height and strength to contain one and one-half (11/2) times the contents of any combustible fluid that can be stored on the site. If more than one tank or container will be used, each may be required to have independent diking.
   G.   Fishing, gun, riding clubs and dude ranches may be permitted by special use permit provided there is strict density control, adequate improvements, suitable access and provided that the use is supplemental to grazing or farming. In no case shall density exceed one dwelling unit per ten (10) acres. (Ord. 186, 6-29-1999)

10-7-18: ALLOWABLE AND SPECIAL USES:

A.   Allowable And Special Use Chart:
Allowable And Special Uses
AG
R-1
R-1E
R-2
MH
BC
GC
TC
RC
MI-1
MI-2
P
AP
WM
H
Allowable And Special Uses
AG
R-1
R-1E
R-2
MH
BC
GC
TC
RC
MI-1
MI-2
P
AP
WM
H
Accessory building or structure
2
2
2
2
2
Amusement centers, indoors only
S
X
S
X
Amusement park, miniature golf, pitch and putt
S
S
S
S
Animal hospital, kennel
S
X
X
Automobile, boat, motorcycle retail
X
X
X
X
Bakery - larger volume and wholesale
X
X
Bank
X
X
X
Barber, beauty, shoe repair
X
X
X
Bottling plant
X
Broadcasting station
S
X
X
X
S
Cabinet shop
X
X
X
X
X
Campgrounds, recreation resort boat launching, mooring and rental
X
Cemetery
S
S
X
Church
S
S
S
S
X
X
X
Cleaning, laundering agency
X
X
X
Cleaning plant, volume commercial
X
X
Clothing, retail
X
X
X
Coin operated laundry and cleaning establishment
X
X
X
Commercial livestock feed or yard sales
S
X
Concrete and asphalt batch plant
S
Contractor's shop and yard
X
X
Convalescent home or elderly housing
5
5
5
5
5
Dairy products processing
S
X
Density transfer (planned unit development)
1
1
1
1
1
1
1
Drive-in restaurant
S
X
S
Equipment service and repair
X
X
X
X
Farm and other heavy equipment retail
X
Farming and ranching
X
X
X
X
X
X
Florist
X
X
X
Food product processing
X
Fuel storage yards
S
Furniture refinishing and upholstering
X
X
Furniture, retail
X
X
X
Gravel excavation
S
S
S
Grocery, retail
X
X
X
Hardware, automotive parts
X
X
X
X
Home occupation
3
3
3
3
Horticultural nursery
X
S
S
S
Hospital
S
S
S
S
X
Household appliance repair
X
X
X
Ice manufacture and cold storage plants
X
X
Jewelry retail
X
X
X
Labor camp
S
Livery stable, hunting, fishing, gun and riding club, dude ranch
S
Medical laboratory
X
X
X
X
Medical profession, executive offices
X
X
X
Mining and/or raw material processing
S
S
S
Mobile home, camper retail
X
X
X
X
Mobile home on individual lot
X
Mobile home park or subdivision
6
Mortuary
S
X
X
X
Motel, hotel
S
X
S
Multi-family apartment building
X
X
X
X
Newspaper and printing establishment
X
X
X
X
Nursery, kindergarten, daycare
4
4
4
4
Outside storage facilities
S
S
S
S
Photography shop
X
X
X
Prescription pharmacy, optician shop
X
X
X
Public golf course, swimming pool, park, playground or community center
S
S
S
S
S
S
X
Public well, fire station, police station
S
S
Reducing salon - masseur
X
X
X
Residence for farm or domestic workers
X
S
S
Restaurant
S
X
S
Retail bakery
X
X
X
Rooming-boarding house
S
S
X
S
School, public, private or parochial
S
S
S
S
S
S
S
S
Service or fraternal club or lodge
S
S
X
S
Service station
S
X
S
Sign and billboard shop
X
X
Single-family residence
X
X
X
X
X
X
X
X
S
Tavern, lounge
S
X
S
Theater
S
X
S
Tire shop, excluding recapping
S
X
S
X
Tire shop, including recapping
X
X
Travel trailer park
S
S
S
Two-family residence
X
X
X
X
 
   B.   Definitions For Chart:
      X:   A permitted use. There may be special design requirements which must be met.
      S:   A special use permit is required; the procedure for processing a special use permit application shall be as provided in chapter 3 of this title.
   1.   Density transfer, the cluster of dwelling units, may be required by the planning commission as a matter of policy or it may be required as a result of review investigation of the proposed development which concludes that there are substantial reasons for requiring cluster development.
   2.   An accessory building is one which is of secondary importance to the primary use, such as a garage for a residence, a small shed for garden tools, a sauna or bathhouse, a barn for a farm operation, a pump house, etc.
   3.   A "home occupation" as defined and set forth in subsection 10-7-17A of this chapter may be permitted by means of a special use permit and shall comply with the conditions set forth in subsection 10-7-17A of this chapter.
   4.   Children's nursery, kindergarten or day care center may be permitted by means of a special use permit and shall comply with the conditions set forth in subsection 10-7-17B of this chapter.
   5.   Convalescent, nursing, rest or other home or elderly housing may be permitted by means of a special use permit and shall comply with the conditions set forth in subsection 10-7-17C of this chapter.
   6.   Mobile home parks may be permitted by means of a special use permit and shall comply with the following criteria:
      a.   All State requirements and regulations.
      b.   Density requirements of the district in which it is located.
      c.   The design features set out in section 10-7-6 of this chapter.
      d.   Other conditions as may be required by a conditional use permit.
   7.   Broadcasting stations are a permitted use and shall comply with the conditions set forth in subsection 10-7-17D of this chapter.
   8.   Outdoor storage areas shall comply with the conditions set forth in subsection 10-7-17E of this chapter.
   9.   Fuel storage yards shall comply with the conditions set forth in subsection 10-7-17F of this chapter.
   10.   Fishing, gun, riding clubs and dude ranches may be permitted by special use permit and shall comply with the conditions set forth in subsection 10-7-17G of this chapter.
   11.   A mobile home on an agricultural parcel of a minimum of twenty (20) acres or greater is permitted. A mobile home on an agricultural parcel less than twenty (20) acres in area may be permitted by special use permit only.
(Ord. 138, 1-26-1988)

10-7-19: DEVELOPMENT STANDARDS FOR FACTORY BUILT HOMES AND MANUFACTURED HOMES:

The use of a factory built or manufactured home as a permanent residential dwelling on an individual lot shall be permitted in any zoning district of the chapter which permits installation of a single-family site built dwelling, provided the following standards are met:
   A.   Is multisection and at least twenty feet (20') wide.
   B.   Has a minimum floor area of one thousand (1,000) square feet.
   C.   The factory built or manufactured home shall be built or manufactured within the five (5) years immediately preceding the date on which it is affixed to the residential lot.
   D.   Has roofing materials which are generally acceptable for site built housing. Any roofing materials may be used provided it has the appearance of a nonmetallic shingle, shake or tile roof. Roofs shall also have a minimum slope of twenty five percent (25%) (3:12) and overhanging eaves.
   E.   Has siding materials which are generally acceptable for site built housing. Any siding materials may be used provided it has the appearance of wood, masonry or horizontal metal siding. Reflection from horizontal metal siding shall be no greater than that from siding coated with white, gloss enamel.
   F.   Has a foundation of concrete or other material allowed by the uniform building code for site built homes which is aesthetically compatible with the factory built or manufactured home having the appearance of site built construction. This means the fascia shall be an extension of the siding or be of materials having the appearance of site built foundations such as brick, concrete or concrete block.
   G.   Is permanently affixed to a permanent foundation. Footings shall be of poured masonry extending twenty four inches (24") below grade.
   H.   Has a crawl space with the following minimum measurements: 1) eighteen inches (18") of clearance; 2) twelve inches (12") of clearance under beams; and 3) an eighteen inch by twenty four inch (18" x 24") door.
   I.   Complies with all applicable lot size, setback, and other requirements of the zoning district in which it is to be located.
   J.   Provides one off street parking space and shall be improved with such material to provide a durable and dust free surface.
   K.   Provides right of way improvements in the same manner as site built construction, in accordance with city policy.
   L.   Manufactured or factory built home, owners or purchasers shall own or be purchasing the land upon which their home is to be placed. The owner or purchaser shall record with the county recorder the appropriate document declaring the factory built or manufactured home as real property. These requirements shall not apply within any duly approved mobile home park.
   M.   Factory built or manufactured homes shall be provided with smoke detectors as required in the uniform building code, section 1210, "Smoke Detectors And Sprinkler Systems", before final inspection and occupancy. Smoke detectors required in addition to those provided for in the department of housing and urban development, part 3280 of 24 CFR, "Manufactured Home Construction And Safety Standards", may be of the battery operated type.
   N.   Manufactured homes not meeting standards in subsection B, F or M of this section shall only be allowed in mobile home parks or other areas zoned for mobile homes and manufactured homes.
   O.   The city council, as part of the special use permit process, pursuant to section 10-3-2 of this title, and where just cause or circumstance warrants, may vary or modify the development standards and requirements of this section. (Ord. 206, 3-9-2004)

10-7-20: ADMINISTRATION AND ENFORCEMENT OF DEVELOPMENT STANDARDS:

   A.   Application: Application for placement of a factory built or manufactured home in accordance with section 10-7-19 of this chapter shall be made with the city on a prescribed form. The completed application shall be filed with the city clerk. The application shall include all information necessary to determine conformity with required development standards of this chapter, including: exterior dimensions, siding material, foundation fascia material, roofing material, eaves overhang and any other applicable information. The applicant shall also attach to the application: 1) a copy of the manufacturer's instructions for installation of the home on permanent footings; and 2) a plot plan showing existing conditions and the proposed location of the home and other improvements at a scale of at least one inch equals twenty feet (1" = 20').
   B.   Certificates And Inspection:
      1.   The applicant shall sign the completed application certifying the factory built or manufactured home meets the required development standards of this chapter and that site development will be in accordance with said standards and the plot plan submitted stating that once the factory built or manufactured home is permanently affixed the applicant will comply with the requirement for the home to be declared as real property for taxation purposes. These certifications shall be made prior to the moving of the home to the building site.
      2.   Following application and plot plan approval by the city building official, the official may issue a building permit for the footings and foundation. Upon satisfactory inspection of the footings and foundation for the attachment of the manufactured home, the building official shall verify, in writing, that all development standards have been met as certified by the applicant. The home may then be attached to the foundation in accordance with the manufacturer's instruction, city codes for permanent utility connections, and other building requirements.
      3.   Prior to occupancy, a final inspection shall be made to assure proper attachment of the home to the foundation and placement of a proper foundation fascia. (Ord. 179, 6-24-1997)

10-7-21: NONCONFORMING FACTORY BUILT OR MANUFACTURED HOMES:

A factory built or manufactured home which has been placed and maintained upon an individual lot prior to July 1, 1997, shall be a legal nonconforming use. Such manufactured home shall not be relocated within the city without conforming to all applicable provisions contained herein. (Ord. 179, 6-24-1997)

10-7-22: SPECIAL AREA OVERLAY DISTRICT FOR FACTORY BUILT AND MANUFACTURED HOMES:

The purpose of this special area overlay district is to recognize certain areas as having unique or extraordinary circumstances or history related to established areas of land use; and, to provide the opportunity to use certain factory built and manufactured homes as single-family dwellings on nonpermanent foundations.
   A.   Areas Specified: The special area for the overlay district is established for the following described property:
      1.   All areas zoned residential single-family estate district (R-1E) and agricultural/residential (R-3) north of the Southern Pacific Railroad tracks.
      2.   All of the area zoned agricultural (AG) abutting the north side of Metropolis Road north of the Union Pacific Railroad right of way and north of the Southern Pacific Railroad tracks.
   B.   Creation Of Additional Area For Overlay District: Whenever the board of councilmen deems it to be in the public interest and in accordance with zoning principles, it may establish other special areas for the overlay district by amending the official zoning map pursuant to the provisions of section 10-1-4 and chapter 5 of this title, and Nevada Revised Statutes chapter 278.
   C.   Development And Use Standards: The use of a factory built or manufactured home as a single-family residential dwelling on an individual lot or parcel of land shall be permitted in the above specified overlay zone area, provided the following development and use standards are met. The factory built or manufactured home must:
      1.   Be at least fourteen feet (14') wide.
      2.   Have a minimum floor area of seven hundred twenty five (725) square feet.
      3.   Have roofing materials which are generally acceptable for site built housing. Any roofing materials may be used, provided it has the appearance of a nonmetallic shingle, shake or tile roof. Roofs shall also have a minimum slope of twenty five percent (25%).
      4.   Have siding materials which are generally acceptable for site built housing. Any siding materials may be used, provided it has the appearance of wood, masonry or horizontal metal siding. Reflection from horizontal metal siding shall be no greater than that from siding coated with white, gloss enamel.
      5.   Be tied down in accordance with state manufactured housing standards, and include facie that shall be an extension of the siding standards. However, it may have a foundation of concrete, concrete block or brick or other material allowed by the uniform building code which is aesthetically compatible with the factory built or manufactured home.
      6.   Comply with all applicable lot size, setback, and other requirements of the zoning district in which it is to be located.
      7.   Provide one off street parking space and shall be improved with such material to provide a durable and dust free surface.
      8.   Provide right of way improvements in the same manner as site built construction, in accordance with city policy.
      9.   If the manufactured or factory built home is permanently affixed to a permanent foundation, owners or purchasers shall own or be purchasing the land upon which their home is to be placed. The owner or purchaser shall record with the county recorder the appropriate document declaring the factory built or manufactured home as real property. These requirements shall not apply within any duly approved mobile home park, or to a nonpermanent factory built or manufactured home.
      10.   Factory built or manufactured homes shall be provided with smoke detectors as required in the uniform building code section 1210, "Smoke Detectors And Sprinkler Systems", before final inspection and occupancy. Smoke detectors required in addition to those provided for in the department of housing and urban development, part 3280 of 24 CFR, "Manufactured Home Construction And Safety Standards", may be of the battery operated type.
      11.   All manufactured or factory built homes must be constructed or manufactured within ten (10) years of the year on which it is placed on the lot or parcel of land. Manufactured or factory built homes constructed within eleven (11) to fifteen (15) years may be permitted by obtaining a special use permit as provided in chapter 3 of this title. (Ord. 202, 4-8-2003)