[R.O. 2003 §400.080; Ord. No. 392 Art. II §1, 11-5-1981; Ord. No. 615 §1, 4-6-2000]
A. 
General Description. This 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 the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency is 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 element.
B. 
Uses Permitted. Property and buildings in an R-1 Single-Family Dwelling District, shall be used only for the following purposes:
1. 
Detached one-family dwelling.
2. 
Church.
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 and playground.
5. 
Library.
6. 
General purpose farm or garden, but not the raising of livestock.
7. 
Home occupation.
8. 
Accessory buildings which are not a part of the main buildings, including a private garage or accessory buildings which are a part of the main building, including a private garage.
9. 
Contractor sheds and real estate offices, temporary. Permitted only during period of construction and sales. To be removed upon completion of construction and/or sales.
10. 
Bulletin board or sign, not exceeding twenty (20) 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.
C. 
Uses Permitted On Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.450.
1. 
Municipal use, public building and public utility.
2. 
Plant nursery in which no building or structure is maintained in connection therewith.
3. 
Golf club.
4. 
Private club not conducted for profit.
D. 
Area Regulations.
1. 
Front Yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:
a. 
The minimum depth of the front yard shall be twenty-five (25) feet.
b. 
If twenty-five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than forty (40) feet.
c. 
When a yard has double frontage, the front yard requirements shall be provided 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 ten (10) feet or ten percent (10%) of the lot width, whichever is lesser, except as hereinafter provided in Article III, Section 400.210. For unattached building of accessory use, there shall be a side yard of not less than five (5) feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three (3) feet from an interior side or rear lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear 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 fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.
c. 
Churches and all other approved uses and main and accessory buildings, other than dwellings, and buildings accessory to dwellings, shall be set back from all exterior and interior side lot lines a distance of not less than thirty-five (35) feet.
3. 
Rear Yard. There shall be a rear yard for a main building of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever amount is smaller.
4. 
Lot Width. For dwellings, there shall be a minimum lot width of sixty-five (65) feet at the front building line, and such line shall abut on a street for a distance of not less than thirty-five (35) feet. For property platted before January 1, 1950, there shall be a minimum lot width of forty (40) feet at the front building line with all other deed restrictions applying except as being necessary to adjust for the forty-foot restriction.
5. 
Intensity Of Use.
a. 
For each dwelling, and buildings accessory thereto there shall be a lot area of not less than eight thousand (8,000) square feet.
b. 
Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership of the effective date of this Chapter, that lot may be used for any of the uses, except churches, permitted by this Section.
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 areas required in Article IV.
6. 
Coverage. Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.
E. 
Height Regulations. No building shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height except as provided in Section 400.220.
[R.O. 2003 §400.085; Ord. No. 520 §400.085, 11-10-1994]
A. 
General Description. R-1A single-family dwelling lots shall consist of a minimum of three (3) acres. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment on acreage lots. Internal stability, attractiveness, order and efficiency is 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 element.
B. 
Uses Permitted. Property and buildings on R-1A Single-Family Dwelling District Acreage Lots shall be used only for the following purposes:
1. 
Detached one-family dwelling.
2. 
Church.
3. 
Public school or school offering general educational courses and the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.
4. 
Public park, playground or library.
5. 
General purpose farm or garden, but not the raising of livestock. Permissible pets or livestock are two (2) dogs and/or two (2) cats, not to exceed a total of four (4) in any combination; horses or ponies not to exceed two (2). Pets and livestock are not permitted for commercial use.
6. 
Home occupation.
7. 
Accessory buildings which are not a part of the main buildings, including a private garage.
8. 
Contractor sheds and real estate offices, temporary. Permitted only during period of construction and sales. To be removed upon completion of construction and/or sales.
C. 
Uses Permitted On Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.450.
1. 
Municipal use, public building and public utility.
2. 
Golf course including related buildings.
3. 
Private club not conducted for profit.
D. 
Area Regulations.
1. 
Front Yard. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
a. 
The minimum depth of the front yard shall not be less than fifty (50) feet.
b. 
When a yard has a double frontage, the front yard requirements shall be provided on both streets.
2. 
Side Yard. All buildings shall be set back from lot lines to provide a side yard of not less than twenty-five (25) feet.
3. 
Rear Yard. There shall be a rear yard setback for buildings of not less than fifty (50) feet.
4. 
Lot Width. For dwellings, there shall be a minimum lot width of one hundred fifty (150) feet at the front building line.
5. 
Intensity Of Use.
a. 
For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than three (3) acres.
b. 
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 areas required in Article IV.
6. 
Coverage. Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.
E. 
Height Regulations. There is no height requirement in this district.
[R.O. 2003 §400.090; Ord. No. 392 Art. II §2, 11-5-1981; Ord. No. 615 §2, 4-6-2000]
A. 
General Description. This is a residential district to provide for a slightly higher population density but with basic restrictions similar to the R-1 District. The principal use of 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. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.
B. 
Uses Permitted. Property and buildings in an R-2 Two-Family Dwelling District shall be used only for the following purposes:
1. 
Any uses permitted in R-1 Single-Family Dwelling District.
2. 
Two-family dwelling or a single-family dwelling and a garage apartment.
3. 
Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.
C. 
Uses Permitted On Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.450: any use permitted on review in R-1 Single-Family Dwelling District.
D. 
Area Regulations.
1. 
Front Yard. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
a. 
The minimum depth of the front yard shall be twenty-five (25) feet.
b. 
If twenty-five percent (25%) or more of the lots on one (1) side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than forty (40) feet.
c. 
When a yard has double frontage, the front yard requirements shall be provided 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 ten (10) feet or ten percent (10%) of the lot width, whichever is lesser.
b. 
For unattached buildings of accessory use, there shall be a side yard of not less than five (5) feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line.
c. 
For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet.
d. 
Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall be set back from all exterior and interior lot lines a distance of not less than thirty-five (35) feet.
3. 
Rear Yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten (10) feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building.
4. 
Lot Width. For single-family dwellings, two-family dwellings and a single-family dwellings and garage apartments, there shall be a minimum lot width of sixty-five (65) feet at the front building line, and the lot shall abut a street for a distance of not less than thirty-five (35) feet. For property platted before January 1, 1950, there shall be a minimum lot width of forty (40) feet at the front building line with all other deed restrictions applying except as being necessary to adjust for the forty-foot restriction.
5. 
Intensity Of Use.
a. 
For each single-family dwelling and accessory buildings, there shall be a lot area of not less than eight thousand (8,000) square feet.
b. 
For each two-family dwelling or single-family dwelling and garage apartment, there shall be a lot area of not less than five thousand (5,000) square feet per dwelling unit. In all other cases, a garage apartment shall be provided with the same lot area required by single-family dwelling.
c. 
Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of this Chapter that lot may be used for any use, except churches, permitted in the R-1 Single-Family District.
d. 
For churches and main 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 IV.
6. 
Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area. Accessory buildings shall not cover more than twenty percent (20%) of the rear yard.
E. 
Height Regulations. No building shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height, except as provided in Section 400.220.
[R.O. 2003 §400.100; Ord. No. 392 Art. II §3, 11-5-1981; Ord. No. 392 Art. II §4, 11-5-1981; Ord. No. 615 §3, 4-6-2000; Ord. No. 698 §1, 4-3-2003]
A. 
General Description. This is a residential district to provide for medium and high population density. The principal use of land can range from single-family to multiple-family and garden apartment uses. Certain uses which are functionally more compatible with intensive residential uses than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, 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 element.
B. 
Uses Permitted.
1. 
Any use permitted in an R-2 Residential District.
2. 
Multiple-family dwelling, apartment house.
3. 
Rooming or boarding house.
4. 
Accessory buildings and uses customarily incidental to the above uses when located on the same lot.
C. 
Uses Permitted On Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.450.
1. 
Any use permitted on review in an R-1 or R-2 Residential District.
2. 
Child-care center.
3. 
Medical facility.
4. 
Mobile home park.
D. 
Area Regulations.
1. 
Front Yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements.
a. 
The minimum depth of the front yard shall be twenty-five (25) feet.
b. 
If twenty-five percent (25%) or more of the lots on one (1) side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than forty (40) feet.
c. 
When a yard has a double frontage, the front yard requirements shall be provided on both streets.
2. 
Side Yard.
a. 
For dwellings located on an interior lot, a side yard of not less than ten (10) feet shall be provided on both sides of the main building. For unattached buildings of accessory use, there shall be a side yard of not less than five (5) feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear 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 fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case.
c. 
Mobile home parks shall be planned in such a manner that no mobile home, or related building, shall be located closer than fifteen (15) feet to any side lot line.
d. 
Churches and main and accessory buildings, other than dwellings and mobile homes, shall be set back from all exterior and interior side lot lines a distance of not less than thirty-five (35) feet.
3. 
Rear Yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of dwelling, but shall not be located closer than ten (10) feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building.
4. 
Lot Width. There shall be a minimum lot width of sixty-five (65) feet at the front building line for single-family and two-family dwellings, and ten (10) feet additional width at the front building line for each family, more than two (2) occupying a dwelling. However, a lot width at the front building line shall not be required to exceed one hundred fifty (150) feet. For property platted before January 1, 1950, there shall be a minimum lot width of forty (40) feet at the front building line with all other deed restrictions applying except as being necessary to adjust for the forty-foot restriction.
5. 
Intensity Of Use.
a. 
There shall be a lot area of not less than eight thousand (8,000) square feet for a single-family dwelling and ten thousand (10,000) square feet for a two-family dwelling, and not less than ten thousand (10,000) square feet plus an additional area of not less than two thousand (2,000) square feet for each dwelling unit in excess of two (2).
b. 
There shall be a lot area of not less than ten thousand (10,000) square feet per dwelling unit where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide not less than two thousand (2,000) square feet more than is required for the two-family or multiple-family dwelling.
c. 
Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of this Chapter, that lot may be used for any use, except churches, permitted in the R-1 Single-Family Dwelling District.
d. 
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 IV.
6. 
Coverage. Main and accessory buildings shall not cover more than thirty-five percent (35%) of the lot area. Accessory buildings shall not cover more than thirty percent (30%) of the rear yard.
E. 
Height Regulations. No building shall exceed three (3) stories or forty (40) feet in height, except as provided in Section 400.220.
[R.O. 2003 §400.090; Ord. No. 392 Art. II §2, 11-5-1981; Ord. No. 615 §2, 4-6-2000]
A. 
General Description. This commercial district is for the conduct of retail trade and to provide personal services 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, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.
B. 
Uses Permitted. Property and buildings in a C-1 Local Commercial District shall be used only for the following purposes:
[Ord. No. 1025, 6-20-2019]
1. 
Retail stores and shops supplying the regular and customary needs of the residents of the neighborhood and primarily for their convenience, as follows:
Antique shop
Apartment hotel
Appliance store
Arts school, gallery or museum
Artist materials, supply, studio
Assembly halls for nonprofit corporations
Automobile service station
Automobile parking lot
Baby shop
Bakery goods store
Bank
Barber shop
Beauty shop
Book or stationery shop
Camera shop
Candy store
Catering establishment
Child-care center
Cleaning, pressing, laundry agency, providing cleaning and pressing is not done on the premises
Curio or gift shop
Drug store or fountain
Dry goods store
Department store
Dairy products or ice cream store
Delicatessen
Dress shop
Florist shop, greenhouse, nursery
Furniture
Golf club
Grocery store or supermarket
Hardware store
Hotel
Help-yourself laundry
Jewelry or notion store
Libraries
Lodge hall
Meat market
Medical facility
Medical marijuana dispensary facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
Medical marijuana testing facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
Messenger or telegraph service
Municipal use, public building and public utility
Museums
Music conversatories
Musical instrument sales
Newspaper or magazine sales
Office business
Office supply
Optometrists sales and service
Paint and decorating shop
Parking lot
Photographer studio
Pharmacy
Radio and television sales and service
Restaurant
Sewing machine sales, instruction
Sporting goods sales
Shoe repair shop
Tailor shop
Toy store
Variety store
2. 
Name plate and sign relating only to the use of the store and premises or to product sold on the premises. Lighted signs of flashing or intermittent type shall be prohibited.
3. 
Accessory buildings and uses customarily incidental to the above use.
4. 
Any building used for any of the above enumerated uses may not have more than forty percent (40%) 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 Subsections (1) through (3) above shall be displayed or stored outside of a building.
5. 
Any business operating under this Section may display outside of its building(s) but on its property selected items representing goods offered for sale by the business. However, sidewalks and traffic ways shall not be blocked by such displays.
C. 
Area Regulations. The following requirements shall apply to all uses permitted in this district:
1. 
Front Yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.
2. 
Side Yard. On the side lot adjoining a dwelling district, there shall be a side yard of not less than twenty-five (25) feet. Whenever the rear lot line of a corner lot abuts a dwelling district, the side yard adjacent to the street shall not be less than fifteen (15) in width. In all other cases, no side yard shall be required.
3. 
Rear Yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet.
D. 
Height Regulations. No building shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height, except as hereinafter provided in Section 400.220.
[R.O. 2003 §400.120; Ord. No. 392 Art. II, §5, 11-5-1981; Ord. No. 698 §2, 4-3-2003; Ord. No. 1237 §1, 4-19-2012; Ord. No. 1253, 9-20-2012; Ord. No. 967, 3-5-2015]
A. 
General Description. This 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 required for stocking and delivery of retail goods.
B. 
Uses Permitted.
[Ord. No. 1025, 6-20-2019]
1. 
Property and buildings in a C-2 General Commercial District shall be used only for the following purposes:
a. 
Any use permitted in a C-1 Local Commercial District.
b. 
Amusement enterprises.
c. 
New automobile sales and services, new machinery sales and services, and public garages, provided no gasoline is stored above ground; used automobile and machinery repairing if conducted wholly within a completely enclosed building, but not including automobile or machinery salvage or wrecking establishments or junk yards.
d. 
The following:
Advertising signs or structures
Ambulance service office or garage
Assembly hall
Bakery
Boat sales
Bowling alleys
Bus terminal
Carpenter and cabinet shop
Cleaning and dyeing works
Clothing or apparel store
Coffee roasting operations
Commercial school or hall
Dance hall
Department store
Drive-in theater or restaurant
Electric transmission station
Equipment rental (for home repair lawn and garden maintenance)
Feed and fuel store
Frozen food locker
Furniture repair and upholstery
Funeral parlor or mortuary
Gasoline and service station
Golf course, miniature or practice range
Heating, ventilating or plumbing supplies, sales and services
Interior decorating store
Ice storage locker plant or storage house for food
Key shop
Kennel
Laboratories, testing and experimental
Laundry
Leather goods shop
Medical marijuana dispensary facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
Medical marijuana testing facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
Micro-breweries
Micro-distilleries
Micro-wineries
Music, radio or television shop
Night club
Nursery or garden supply store
Outdoor advertising signs
Pawn shop
Pet shop
Printing shop
Recreation center
Research laboratories
Roller skating rink
Sign painting shop
Hospital for small animals
Sporting goods store
Stock and bond broker
Storage warehouse
Theater
Tavern
Toy store
Used automobile sales
Wholesale distributing center
e. 
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.
f. 
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.
2. 
Use Regulations.
a. 
Other than selected items representing goods offered for sale, all articles or materials stored or offered for sale in connection with uses permitted under Subsection (B)(1)(a) through (f) above, including all liquors offered for sale, shall be stored or displayed inside the confines of a building or screened by permanent ornamental walls, fences or planting so that said articles or materials cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven (7) feet in height shall be required. Those representative items selected for sale displays shall not block sidewalks and traffic ways.
b. 
Preserve the architectural and spatial character of the area.
c. 
Ensure that new construction is consistent in type, quality, and appearance with the predominance of existing structures in the area.
d. 
All maintenance to existing brick repairs must be made in kind or alternative repairs need to be approved by the BZA.
e. 
Provide for new construction that is attractive to citizens and visitors, is an asset to the community economically, and is designed and built for maximum longevity.
f. 
On existing buildings, original windows and doors shall not be boarded, shuttered, or enclosed, or their opening dimensions altered. Original materials or details, where still present, shall be preserved or, if necessary, replaced with similar materials and details that compliment the architectural character of the structure or alternative repairs need to be approved by the BZA.
g. 
Existing masonry facades and architectural details (such as cornices, transom and display windows, and masonry detailing) shall not be removed or covered, except that the council may provide exceptions when doing so is necessary for the public safety.
h. 
It shall be unlawful to erect any temporary structures on an outside lot.
i. 
Items stored on an outside lot shall not be higher than a six-foot privacy fence.
j. 
Any person found guilty of any provision of this Section shall be deemed guilty of an ordinance violation and shall be subject to a fine as set out in Section 400.460 of this Chapter.
C. 
Area Regulations.
1. 
There are no specific front or side yard requirements for uses.
2. 
Rear Yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in width. In all other cases, no rear yard is required.
3. 
Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.
D. 
Height Regulations. No building shall exceed three and one-half (3 1/2) stories or forty-five (45) feet in height, except as provided in Section 400.220.
[R.O. 2003 §400.130; Ord. No. 392 Art. II §6, 11-5-1981; Ord. No. 637 §1, 4-5-2001; Ord. No. 698 §3, 4-3-2003; Ord. No. 987 §1, 8-18-2016]
A. 
General Description. This commercial district is intended to provide a location for the conduct of the services and retail business for motorists passing through the community and for the limited amount of merchandise, equipment and material being offered for retail sale that because of the type of material or transportation requirements are suitable for display and storage outside the confines of an enclosed building. Persons of the community, the surrounding trade territory, the concentration of shoppers will be much smaller and visits less frequent than in the General Commercial District.
B. 
Uses Permitted.
[Ord. No. 1025, 6-20-2019]
1. 
Property and buildings in a C-3 Highway Commercial District shall be used only for the following purposes:
a. 
Any use permitted in a C-2 General Commercial District.
b. 
The following:
Medical marijuana dispensary facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales
Mobile home sales and repair
Monument sales
Nightclub
Manufactured/modular homes sales
Self-storage warehouse
Shops for custom work or the manufacture of articles to be sold at retail on the premises, provided that such manufacturing use is not noxious or offensive by reason of vibration, noise or the emission of odor, dust, smoke or gas
Trailers for hauling, rental and sales
Travel trailer camp
c. 
Any other retail sales business with characteristics similar to the foregoing and which are not in conflict with the purposes and intent of this Chapter and not otherwise provided for in this Chapter. Accessory uses customarily incidental to the foregoing uses.
2. 
The above enumerated uses shall comply with the following provisions:
a. 
Other than selected items representing goods offered for sale, 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 in an R Residential or a C-1 or C-2 Commercial District when located to the side or rear of the lot on which said open storage or display occurs; provided, however, that screening shall not be required in excess of seven (7) feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the above screening requirements, be so screened by ornamental fences or evergreen planting or by permanent buildings that it cannot be seen from a public street. Those representative items selected for sale displays shall not block sidewalks and traffic ways.
b. 
All yards not occupied 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. 
All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.
d. 
All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building or within an area screened by ornamental fencing or evergreen planting so that it cannot be seen from a public or an R Residential or a C-1 or C-2 Commercial District.
e. 
Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width, exclusive of curb returns.
f. 
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.
C. 
Uses Permitted On Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.450.
1. 
Any use permitted on review in C-2 General Commercial District.
2. 
Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works.
D. 
Area Regulations. The following requirements shall apply to all uses permitted in this district:
1. 
Front Yard. All buildings shall be set back from the street right-of-way line to provide a front yard of not less than twenty-five (25) feet in depth.
2. 
Rear Yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof of not less than thirty (30) feet in width. In all other cases, no rear yard is required.
3. 
Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.
E. 
Height Regulations. No building shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height except as hereinafter provided in Section 400.220.
[R.O. 2003 §400.135; Ord. No. 728 §2, 3-3-2005; Ord. No. 1252, 9-20-2012; Ord. No. 1254, 10-4-2012]
A. 
Intent.
1. 
The intent of this Section is to allow for employment-oriented and residential-oriented properties to coexist in the same area.
2. 
Mixed use (MX designation) would be considered an overlay that would allow residential use of property in an area already designated commercial C-1, C-2 or C-3.
3. 
Mixed-use properties would receive primary consideration as a commercial entity first and all residential aspects would be considered subordinate to the commercial use.
B. 
Permitted Uses Upon Review. The MX Overlay is conditional upon maintaining an ongoing commercial use.
C. 
Requirements.
1. 
No residential use would be allowed on the first floor of mixed-use properties.
2. 
Buildings adjacent to public streets shall include at least one (1) public entrance clearly visible and directly accessible from the public street.
3. 
Blank building facades or walls shall not exceed twenty (20) feet in length. A building facade or wall is considered blank if it is uninterrupted by windows, ornamentation, decoration, articulation or other architectural detailing.
4. 
Landowner to provide two (2) off-street parking spaces for each residential unit.
5. 
All rental agreements between building owner and residential tenants will include information on the implications of living in a mixed-use building. Information should inform the tenant that should the business cease operation, the residential rental/lease agreement is immediately null and void and premises must be vacated within thirty (30) days.
D. 
Implementation.
1. 
Commercial portion of structure must have entrance at street level facing the street.
2. 
Retail section must have posted hours of operation.
3. 
Entrance to the retail section must have posted signage indicating open and closed.
4. 
No residential use on street level.
5. 
Building modifications must meet all existing codes.
6. 
A business license will only be issued after annual review for compliance.
7. 
Living quarters shall have a fire-suppression sprinkler system or monitored detection system to ADT or the equivalent installed in compliance with the City's adopted fire protection codes. On an annual basis, evidence shall be provided to the City to their satisfaction that the fire suppression or monitored detection system is maintained in proper working order.
8. 
Any business that becomes noncompliant with the Code of the City of Buckner will immediately have their business license revoked.
9. 
It shall be unlawful to operate a business without a business license.
10. 
Any person found guilty of any provision of this Section shall be deemed guilty of an ordinance violation and shall be subject to a fine as set out in Section 400.460 of this Chapter.
[R.O. 2003 §400.140; Ord. No. 392 Art. II §7, 11-5-1981; Ord. No. 698 §4, 4-3-2003; Ord. No. 756 §2, 2-22-2007]
A. 
General Description. Intended primarily for lighter manufacturing industries and related industrial activities in which production performances characteristically produce a finished product from semi-finished materials but requires little or no outside material storage. The district does not rely upon specific relation to fixed transportation routes and may rely primarily upon motor truck or air cargo deliveries of lighter bulk items. Commercial uses in this district are generally those which serve the convenience of industrial establishments or their employees. Residential uses are not compatible with this environment and are not permitted in order that the district may be preserved for its intended light industrial purpose.
B. 
Uses Permitted.
[Ord. No. 1025, 6-20-2019]
1. 
No building, structure, land or premises shall be used and no building or structure shall hereafter be erected, moved, constructed or altered except for one or more of the following uses:
Agriculture, except animal raising, training or feeding farms
Amusement parks
Animal hospital and shelters, public and private
Argon gases, or other inert storage, sales and service
Auction houses
Automobile sales, retail and wholesale
Automobile warehouses
Automobile parks, commercial
Bakeries, wholesale
Banks
Barge line terminals
Beverage manufacturing
Biological products manufacturing
Blacksmith, welding and brazing services
Bookbinding and related miscellaneous work
Bottling and canning of beverages
Breweries
Bus garaging and maintenance
Cabinet makers
Cafes, cafeterias and restaurants
Canning or preserving factories
Carpet cleaning and carpet manufacturing
Casket manufacturing
Ceramic wall and floor tile manufacturing
Cereal manufacturing
Chemical cleaning services
Chemical laboratories
Chewing gum manufacturing
Cleaning, pressing and dyeing plant
Cold storage plants
Contractor's equipment, rental and sales
Crematories and mortuaries
Custom farming and/or contract farming and storage of accessory equipment
Dairies, cheese factories, milk bottling or condensaries and similar enterprises
Dental equipment and supplies manufacturing
Dog pounds
Electroplating works, precious metals
Engine and turbine repairing service
Farm implement and truck sales
Gasoline service stations
Golf driving ranges and golf courses
Greeting card and similar paper product manufacturing
Horseshoers - farriers
Ice plant
Iron, ornamental and wrought manufacturing
Jewelry and precious metals manufacturing, silverware and plated ware
Laundries
Liquor distilleries
Lumber yards
Machine shops
Mail order houses, central store and warehouse
Manufacturing products such as: artificial flowers, feathers and plumes, bags, boats, brooms and brushes, buttons, novelties, souvenirs, textile products, cigars and other tobacco products, cleaning or polishing preparations, coffee roasting, communications equipment, cottonseed products, drugs and pharmaceutical products, electrical equipment, electrical signs, extracts, food products, gas fixtures, heating apparatus, hospital equipment, janitor supplies and equipment, laboratory equipment, leather products (no tanning), musical instruments, sausage, syrup, sheet metal products and wooden ware
Medical marijuana cultivation facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
Medical marijuana-infused products manufacturing facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
Medical marijuana testing facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
Mobile homes and modular housing manufacture
Monument manufacturing
Mortician's supply manufacturing
Motor freight terminal
Moving and storage plants
Newspaper publishing plant
Nurseries and greenhouses
Office machine manufacturing
Packing and crating services
Photo engraving plant
Photo equipment and supplies manufacturing
Printing plants
Sign painting plants
Stone cutting plants
Taverns and bars for the sale of alcoholic beverages
Veterinary equipment and supplies manufacturing
Warehousing of products similar in character to those listed herein
Wholesale sales of products similar in character to those listed herein
Manufacture and wholesale of products similar in character to those listed herein and not listed in Section 400.160, I-2 General Industrial District
Accessory uses customarily incidental to the foregoing uses. Caretakers or night watchman's sheds are considered customary accessory uses.
2. 
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 at the property line that is greater than the average noise level occurring on the adjacent street. No items representing goods offered for sale, any article or material shall be stored outside of an enclosed building as an incidental part of the primary operation. Those representative items selected for sale displays shall not block sidewalks and traffic ways.
C. 
Area Regulations.
1. 
Front Yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.
2. 
Side Yard. No building shall be located closer than twenty-five (25) feet to a side lot line.
3. 
Rear Yard. No rear yard is required except when a rear lot line abuts other than an industrial district, then a rear yard of twenty-five (25) feet shall be provided.
4. 
Coverage. Main and accessory buildings and off-street parking and loading facilities shall not cover more than eighty percent (80%) of the lot area.
5. 
All yard areas required under this Section and other yard and open spaces existing around buildings shall be landscaped and maintained in a neat condition.
D. 
Height Regulations. No building or structure shall exceed three and one-half (3 1/2) stories or forty-five (45) feet in height, except as hereinafter provided in Section 400.220 of these regulations.
[R.O. 2003 §400.150; Ord. No. 392 Art. II §8, 11-5-1981; Ord. No. 698 §5, 4-3-2003; Ord. No. 757 §2, 3-1-2007]
A. 
General Description. Intended primarily for major manufacturing and basic industrial activities. Many manufacturing to semi-finished products. The district is generally related to rail transportation or carriers of heavy building products. Commercial uses in this district are generally those which serve the convenience of the industrial establishment or their employees. Residential uses are not compatible with this environment and are not included in order that the district may be preserved for its intended heavy industrial purpose.
B. 
Uses Permitted.
[Ord. No. 1025, 6-20-2019]
1. 
Property and buildings in an I-2 General Industrial District shall be used only for the following purposes:
a. 
Any use permitted in the I-1 Light Industrial District.
b. 
Any of the following uses:
(1) 
Building material 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.
(2) 
Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.
(3) 
Freighting or trucking yard or terminal.
(4) 
Grain elevator, flour mills and grain processing equipment storage yard.
(5) 
Public utility service yard or electrical receiving or transforming station.
(6) 
Sale barn.
c. 
No article or material permitted in this district shall be kept, stored or displayed outside the confines of a building.
d. 
The following uses when conducted within a completely enclosed building:
(1) 
The manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, performed toilet soap, toiletries, and food products.
(2) 
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.
(3) 
The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.
(4) 
The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like.
(5) 
Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.
(6) 
Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing, and overhauling, tire retreading or recapping, and battery manufacturing.
(7) 
Blacksmith shop and machine shop.
(8) 
Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.
(9) 
Assembly of electrical appliances electronics instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders, and the like.
(10) 
Medical marijuana cultivation facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
(11) 
Medical marijuana-infused products manufacturing facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
(12) 
Medical marijuana testing facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
e. 
Buildings, structures and uses accessory and customarily incidental to any of the above uses.
2. 
The uses permitted under this Section shall be conducted in such a manner that no noxious odor, fumes, dust or public nuisance will be emitted beyond the property line of the lot on which the use is located.
C. 
Uses Permitted On Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.450.
1. 
Acid manufacture.
2. 
Cement, lime, gypsum or plaster of paris manufacture.
3. 
Explosives, manufacture or wholesale storage.
4. 
Gas manufacture.
5. 
Petroleum or its products, refining of.
6. 
Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products.
D. 
Area Regulations.
1. 
Front Yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.
2. 
Side Yard. No building shall be located closer than twenty-five (25) feet to a side lot line.
3. 
Rear Yard. Where a building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof of not less than thirty (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.
4. 
The loading dock location does not require grass or landscaping. However, appropriate stormwater drainage is required.
5. 
Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.
6. 
Coverage. Main and accessory buildings and off-street parking and loading facilities shall not cover more than eighty percent (80%) of the lot area.
7. 
All yard areas required under this Section and other yard and open spaces existing around buildings shall be landscaped and maintained in a neat condition.
E. 
Height Regulations. No building shall exceed three and one-half (3 1/2) stories or forty-five (45) feet in height, except as hereinafter provided in Section 400.220.
[R.O. 2003 §400.160; Ord. No. 392 Art. II §9, 11-5-1981]
A. 
General Description. This agricultural district is intended primarily for use in areas of the City on the outer edge of urbanized development. Subdivision of land to higher residential densities is usually premature in this district due to lack of adequate utility services, roadways or other transportation systems.
B. 
Uses Permitted. Property and buildings in an A Agricultural District shall be used only for the following purposes:
[Ord. No. 1025, 6-20-2019]
1. 
The growing of agricultural crops, nursery stock, and gardening.
2. 
The keeping of agricultural livestock in accordance with the ordinances of the City of Buckner relating thereto but not commercial feed lots or poultry processing.
3. 
Public schools, parks or playground.
4. 
Detached one-family dwelling.
5. 
Home occupations.
6. 
Accessory buildings which are not a part of the main building.
7. 
Medical marijuana cultivation facility, subject to Section 400.285, Standards for Medical Marijuana Uses.
C. 
Area Regulations.
1. 
Front Yard. All buildings shall be set back from street right-of-way lines to provide a front yard the minimum depth of which shall not be less than fifty (50) feet.
2. 
Side Yard. All buildings shall be set back from lot lines to provide a side yard of not less than twenty-five (25) feet.
3. 
Rear Yard. There shall be a rear yard for a main building of not less than twenty-five (25) feet. 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 three hundred thirty (330) feet at the front building line.
5. 
Intensity Of Use. For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than three (3) acres.
D. 
Height Regulations. There is no height requirement in this district.
[R.O. 2003 §400.170; Ord. No. 392 Art. II §13, 11-5-1981]
A. 
General Description. Intended primarily for personal services. Many services are private in nature. However, this district is intended for all types and/or methods of personal services, whether direct or indirect. The personal services allowed in this SS District shall not be allowed in any other district.
B. 
Uses Permitted. Property and buildings in an SS District shall be used only for the following purposes:
1. 
Any use permitted in the adjoining district: specifically C-3 Highway Commercial.
2. 
Dating services, escort services, massage parlors, health clubs.
3. 
Any service or club or similar operation offering any service of private or personal nature.
C. 
Area Regulations. The following requirements shall apply to all uses permitted in this district:
1. 
Front Yard. All buildings shall be set back from the street right-of-way line to provide a front yard of not less than twenty-five (25) feet in depth.
2. 
Rear Yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in width. In all other cases, no rear yard is required.
3. 
Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.
D. 
Height Regulations. No building shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height except as hereinafter provided in Section 400.220.