[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.
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.
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.
[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.
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:
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.
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:
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.
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.
[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.
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.
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.
[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.
[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.
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.
[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.
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.
[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.
[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.
[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.
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.
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.
[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.
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:
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.
