The A-G, General Agricultural District, is established for several purposes:
1. 
To provide for the continued use of land for predominantly agricultural purposes;
2. 
To preserve undeveloped areas until they can feasibly be developed to urban standards and with adequate public safeguards of health, safety, etc.; and
3. 
To restrict development in areas subject to severe inundation until such time as it can be shown that these areas are not longer subject to flooding.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Within the A-G, General Agricultural District, the following uses are permitted:
A. 
Agriculture, as defined in this ordinance.
B. 
Single-family dwellings.
C. 
Churches and temples.
D. 
Elementary schools and high schools.
E. 
Golf courses.
F. 
Parks and forest preserves not operated for profit.
G. 
Temporary buildings and uses for construction purposes only and not for dwelling purposes, not for a period that exceeds the completion of construction.
H. 
Accessory buildings or uses incidental to the foregoing principal uses.
I. 
Municipal or community recreation centers.
J. 
Police or fire stations
K. 
Public buildings or buildings operated in the public interest by a not-for-profit corporation, including art galleries, post offices, libraries, or museums.
L. 
Public or not-for-profit auditoriums, stadiums, arenas, armories, or sanitariums
M. 
Public or private hospitals or sanitariums
N. 
Public or private schools or colleges.
O. 
Public utility and service uses including electric substations, gas regulator stations, electric, gas, telegraph, telephone and water transmission metering and distribution equipment and structures, microwave relay towers, water reservoirs or pumping stations, and other similar facilities.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Minimum lot area:
5 acres
Minimum lot frontage:
330 feet
Maximum percentage coverage:
10%
Maximum height:
35 feet
Minimum front yard setback:
50 feet
Minimum side yard setback:
30 feet
Minimum rear yard setback:
50 feet
All lots and improvements within the A-G District shall meet the following requirements:
1. 
All lots shall have not less than five (5) acres of land, and not more than one (1) principal building shall be placed on any one (1) lot.
2. 
Each lot shall have a frontage of not less than three hundred thirty (330)feet.
3. 
Not more than ten percent (10%) of the lot area shall be covered with improvements if used for Agricultural purposes, 40% maximum coverage applies on other usage’s allowed under 601-2. Paved areas are not considered improvements within the meaning of this provision.
4. 
No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot.
5. 
All structures shall have not less than a fifty (50) foot front yard setback.
6. 
All principal structures shall have not less than a thirty (30) foot side yard setback. Accessory buildings may have side yards of not less than ten (10) feet.
7. 
All principal structures shall have not less than a fifty (50) foot rear yard setback. Accessory buildings may have a rear yard of not less than ten (10) feet.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
No signs, posters, bulletin boards, or other similar displays shall be permitted in the A-G District except as follows:
1. 
One bulletin board may be erected on each street frontage of an educational, religious, institutional, or similar use requiring an announcement of its activities. The bulletin board shall not exceed twelve (12) square feet in surface area nor fifteen (15) feet in height, and illumination, if any, shall be by constant light.
2. 
One identification sign may be erected on each street frontage of a single-family subdivision or permitted nonresidential use. The sign shall not exceed twelve (12) square feet in surface area nor fifteen (15) feet in height, and illumination, if any, shall be by constant light.
3. 
A real estate sign advertising the sale, rental, or lease of the premises may be erected on each street frontage of the parcel. The signs shall not exceed eighty (80) square feet in surface area not fifteen (15) feet in height, and illumination, if any, shall be by constant light.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The R-S, Single-family Residential District, is established as a district in which the use of land is for single-family dwellings except as noted. It is the purpose and intent of this district to promote the development of and the continued use of the land for single-family dwellings and to prohibit commercial and industrial use or any other use, which would substantially interfere with the development or continuation of single-family dwellings in this district. The intent is to further discourage any use in this district, which would generate traffic or create congestion of the neighborhood streets other than the normal traffic, which serves the residents in the area. This district further encourages only those uses, which, because of character or size, would not create additional requirements and costs for public services in excess of requirements and costs for single-family dwellings.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Within the R-S, Single-Family Residential District, the following uses are permitted:
1. 
Single-family detached dwellings and duplexes, subject to the requirements of Section 602.4A
2. 
Public schools and private schools where the curriculum is similar in nature and preparation of course work to the public schools.
3. 
Public park or playground
4. 
Agricultural uses of the garden type that are not intended for commercial purposes
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The following uses will be permitted by the Planning and Zoning Commission provided they meet the requirements noted for each use in addition to applicable area regulations:
A. 
Churches: arterial street frontage as shown on the Thoroughfare Plan.
B. 
Library: provided it has arterial street frontage as shown on the Thoroughfare Plan.
C. 
Home occupation: provided that it is in keeping with the meaning of “home occupation” as defined in this ordinance.
D. 
Plant nursery: provided that no building or structure is maintained in connection therewith and no retailing of any material is carried on upon the premises.
E. 
Golf course, private or public or country club: provided that the chief activity is for recreational purposes, and any commercial activity is accessory or incidental thereto.
F. 
Junior high or senior high schools: provided that they have arterial street frontage as shown on the Thoroughfare Plan.
G. 
Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed.
H. 
Parking lots provided they are within two hundred (200) feet of a commercial or industrial district or permitted uses under A, B, C, D, E, F.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Minimum lot area:
6,000 square feet
Minimum lot frontage:
50 feet
Maximum percent coverage:
40%
Maximum height:
35 feet
Minimum front yard setback:
25 feet
Minimum side yard setback:
5 feet on interior lots
 
10 feet on the street side of corner lots
Minimum rear yard setback:
20% of the depth of the lot
All lots and improvements within the R-S District shall meet the following requirements:
A. 
All lots shall have not less than six thousand (6,000) square feet of lot area, and not more than one (1) principal building shall be placed on any one (1) lot, except that not less than twelve thousand (12,000) square feet shall be required for uses other than single-family residences.
B. 
Each lot shall have a front of not less than fifty (50) feet. The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be a minimum of thirty (30) feet; however, the front building line on the lot shall be a minimum of fifty (50) linear feet measured at an equal distance parallel to and from the front lot line.
C. 
Not more than forty percent (40%) of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D. 
No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot.
E. 
All structures shall have not less than a twenty-five (25) foot front yard setback.
F. 
For a single-family dwelling of one story, the minimum width of the side yard shall be five (5) feet for interior lot lines and ten (10) feet for the side yard abutting the side street on a corner lot. For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than ten (10) feet. For a principal building other than a single-family dwelling, the minimum width of the side yard shall be not less than the height of the building, but in no case less than fifteen (15 ) feet.
G. 
A rear yard of twenty percent (20%) of the depth of the lot shall be provided for the principal building, Unattached building of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten (10) feet to the rear lot line.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
No signs, billboards, posters, bulletin boards, or other similar displays shall be permitted in the R-S District except as follows:
A. 
A temporary bulletin board or sign not exceeding twelve (12) square feet in area, pertaining 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.
B. 
One bulletin board may be erected on each street frontage of an educational, religious, institutional, [charitable or philanthropic organization] or similar use-requiring announcement of its activities. The bulletin board shall not exceed twelve (12) square feet in surface nor fifteen (15) feet in height and illumination, if any, shall be by constant light.
C. 
Official public notices may be erected on affected property.
D. 
A sign which provides the name and address of the principal building may be erected on each street frontage of an educational, religious, institutional, charitable or philanthropic organization or similar use. The sign shall be permanently placed upon, or supported by, the ground independently of the principal building or structure on the property. The top edge of the sign may be (a) no more than six (6) feet above ground level, or (b) no more than six feet tall and placed on an earthen berm that is no more than three (3) feet above ground level. The sign face may have a maximum surface area not to exceed sixty (60) square feet. The sign support shall be masonry, nondecaying wood, or structural steel tubing.
E. 
Signs shall be shaded wherever necessary to avoid casting a bright light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
A. 
Accessory buildings, which are not part of a main building, may include one (1) private garage or one carport, and accessory buildings not exceeding the 40% total improvement restriction.
B. 
One satellite dish antenna with a diameter of 48" or less so long as the dish is located within the rear yard and is no closer than five (5) feet from interior lot lines and ten (10) feet for the side yard abutting the side street on a corner lot or within ten (10) feet to the rear lot line.
C. 
Screening alternates A, B, C, E, F or G.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
This residential district is intended to provide for both low and high population density. It is established as a district in which the principal uses of the land are for multifamily dwellings and similar high-density residential development. The intent is to encourage the development and continued use of land for multifamily dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of multifamily dwellings in this district. It is further intended to discourage any use which would generate traffic or create congestion on the neighborhood streets other than the normal traffic which services the multifamily dwellings or similar residential uses in this district, and discourage any use which, because of its character or size, would create additional requirements and costs for public services which would be in excess of such requirements and costs if the district were developed solely for multifamily or other similar residential uses.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Within the R-G, General Residential District, the following uses are permitted:
A. 
Any use permitted in Section 602.2 for the R-S, Single-Family Residential District.
B. 
Duplexes
C. 
Multifamily dwellings
D. 
Rooming or boarding houses
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The following uses may be permitted by the Planning and Zoning Commission after public hearing provided they meet the requirements noted for each use in addition to applicable area regulations:
A. 
Convalescent home, rest home, nursing home, and hospitals, public or private: provided they have frontage on an arterial street as shown on the Thoroughfare Plan.
B. 
Manufactured home parks: in compliance with Section 603.6 of this ordinance.
C. 
Community services, cultural, and utility facilities: provided they are located on a lot of not less than one (1) acre and have frontage of an arterial street as shown on the Thoroughfare Plan.
D. 
Child care centers or day nurseries: provided they are located on a lot not less than ten thousand (10,000) square feet in area and have principal access on an arterial street as shown on the Thoroughfare Plan.
E. 
Any uses permitted subject to additional requirements in Section 602.3 for the R-S, Single-Family Residential District.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
 
Single Family
Duplex
Multi-Family
Minimum lot area:
6,000 sq. ft.
10,000 sq., ft.
10,000 sq. ft. + 2,000 sq. ft. for each unit over two
Minimum lot frontage:
50 feet
60 feet
100 feet
Maximum % coverage:
40%
40%
50%
Maximum height:
35 feet
35 feet
35 feet
Minimum front yard setback:
25 feet
25 feet
1 foot per 1' 25 feet minimum
Minimum side yard setback:
5 feet
5 feet
1 foot per 1' 15 feet minimum
Minimum rear yard setback:
20%
20%
20%
All lots and improvements within the R-G District shall meet the following requirements:
A. 
All lots shall have an area of not less than six thousand (6,000) square feet for a single-family dwelling, ten thousand (10,000) square feet for a two-family dwelling, or ten thousand (10,000) square feet plus two thousand (2,000) square feet for each dwelling unit over two (2) for multifamily dwellings. For uses other than dwelling purposes, the lot area shall not be less than ten thousand (10,000) square feet except as otherwise specified.
B. 
Each lot shall have a frontage of not less than fifty (50) feet for single-family dwelling, sixty (60) feet for two-family dwelling, and one hundred (100) feet for multifamily dwelling and all other uses.
C. 
Not more than fifty percent (50%) of the lot area shall be covered with improvements, except that duplexes shall not exceed thirty-five percent (40%) [sic] coverage and single-family improvement forty percent (40%). Paved areas are not considered improvements within the meaning of this provision.
D. 
No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot.
E. 
A minimum front yard setback of twenty-five (25) feet shall be provided on all single-family and duplex dwellings. One (1) foot of setback for each one (1) foot of height shall be provided for all uses other than single-family and duplex, but not less than a twenty-five (25) foot front yard shall be provided.
F. 
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. One (1) foot of setback for each one (1) foot of height for all uses other than single-family and duplex shall be provided.
G. 
A rear yard of twenty percent (20%) of the depth of the lot shall be provided for the principal building, Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten (10) feet to the rear lot line.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The control of signs and billboards in the R-G District is the same as that set forth in Section 602.5 for the R-S District except that such uses as may be permitted subject to additional requirements may erect one (1) nonilluminated name plate not exceeding twenty-four (24) square feet in area, identifying the name and use of the premises.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Upon compliance with the provisions as set forth herein, a manufactured home park may be allowed within the R-G District.
A. 
The applicant, upon making application for a Zoning Clearance Permit, must submit a detailed site plan locating all manufactured home stands, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein.
B. 
The proposed site shall provide for a minimum of ten (10) manufactured home spaces of 3,200 feet per space. The proposed site shall have a minimum frontage of two hundred (200) feet on a street designated as an arterial or collector street on the Thoroughfare Plan. All ingress or egress by automobile shall be on such streets.
C. 
Front yards of not less than twenty (20) feet and side and rear yards of not less than ten (10) feet shall be provided on manufactured home park sites.
D. 
This proposed Manufactured Home Park shall be screened or buffered on all sides (except front) with a screening wall or fence in accordance with Section 407 of this ordinance. Screening alternates A, B, C, E, G.
E. 
The proposed site shall provide one (1) off street parking space for each manufactured home stand, plus one additional off-street parking space for each four (4) manufactured home stands. Parking areas must be clearly defined, and buffered from trailers.
F. 
The proposed site shall provide connections for each manufactured home stand to all public utilities.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
A. 
Accessory buildings which are not part of a main building may include one (1) private garage or one (1) carport and storage buildings not exceeding 200 square feet.
B. 
One satellite dish antenna of 48" or less in diameter so long as the dish is located within the rear yard and is no closer than five (5) feet from interior lot lines and ten (10) feet from the side yard abutting the side street on a corner lot or within ten (10) feet to the rear lot line.
C. 
Screening alternates A, B, C, E, F, or G.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Upon compliance with the provisions as set forth herein, a Travel Trailer park may be allowed within the Commercial District, Light and Heavy Industrial, and General Residential zoned areas of Spearman.
A. 
The applicant, upon making application for a Zoning Clearance Permit, must submit a detailed site plan locating all Travel Trailer Areas, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein.
B. 
The proposed site shall provide for a minimum of ten (10) Travel Trailer spaces of 1250 feet per space.
C. 
Front yards or not less than twenty-five (25) feet and side and rear yards of not less than twenty (20) feet shall be provided on Travel Trailer park sites.
D. 
The proposed Travel Trailer park shall be screened or buffered on all sides with a screening wall or fence in accordance with Section 407 of this ordinance.
E. 
The proposed site shall provide one (1) off-street vehicle parking space for each Travel Trailer lot, plus one additional off-street parking space for each four (4) Travel Trailer lots.
F. 
The proposed site shall provide connections for each Travel Trailer lot to all public utilities.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Within the R-M, Manufactured Home Residential District, the following uses are permitted:
A. 
Any use permitted in Section 602.2 for the R-S, Single-Family Residential District.
B. 
Any use permitted in Section 603.2 for the R-G. General Residential District.
C. 
Manufactured homes.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The following uses may be permitted by the Planning and Zoning Commission after public hearing provided they meet the requirement noted for each use in addition to applicable area regulations:
A. 
Convalescent home, rest home, nursing home, and hospitals, public or private: provided they have frontage on an arterial street as shown on the Thoroughfare Plan.
B. 
Manufactured home parks: in compliance with Section 603.6 of this ordinance.
C. 
Community services, cultural, and utility facilities: provided they are located on a lot of not less than one (1) acre and have frontage of an arterial street as shown on the Thoroughfare Plan.
D. 
Child care centers or day nurseries: provided they are located on a lot not less than ten thousand (10,000) square feet in area and have principal access on an arterial street as shown on the Thoroughfare Plan.
E. 
Any uses permitted subject to additional requirements in Section 602.3 for the R-S, Single-Family Residential District.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
 
Single Family
Duplex
Multi Family
Manufactured Homes
Minimum lot area:
6,000 s.f.
10,000 s.f.
10,000 s.f. + 2,000 s.f. for each unit over two
6,000 s.f.
Minimum lot frontage:
50 feet
60 feet
100 feet
50 feet
Minimum % coverage:
40%
35%
50%
40%
Maximum height:
35 feet
35 feet
35 feet
35 feet
Minimum front yard setback:
25 feet
35 feet
1 foot per 1 foot of height 25 ft. minimum
25 feet
Minimum side yard setback:
5 feet
5 feet
1 foot per 1 foot of height
10 feet
Minimum rear yard setback:
20%
20%
20%
15 feet
All lots and improvements within the R-M District shall meet the following requirements:
A. 
All lots shall have an area of not less than six thousand (6,000) square feet for a single-family dwelling, ten thousand (10,000) square feet for a two-family dwelling, or ten thousand (10,000) square feet plus two thousand (2,000) square feet for each dwelling unit over two (2) for multifamily dwellings. For uses other than dwelling purposes, the lot area shall not be less than ten thousand (10,000) square feet except as otherwise specified.
B. 
Each lot shall have a frontage of not less than fifty (50) feet for single-family dwelling and manufactured homes, sixty (60) feet for two-family dwelling, and one hundred (100) feet for multifamily dwelling and all other uses.
C. 
No more than fifty percent (50%) of the lot area shall be covered with improvements, except that duplex shall not exceed thirty-five percent (35%) coverage and single-family improvement forty percent (40%). Paved areas are not considered improvement within the meaning of this provision.
D. 
No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot.
E. 
A minimum front yard setback of twenty-five (25) feet shall be provided on all single-family, manufactured homes, and duplex dwellings. One (1) foot of setback for each one (1) foot of height shall be provided for all uses other than single-family and duplex, but not less than a twenty-five (25) foot front yard shall be provided.
F. 
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. One (1) foot of setback for each one (1) foot of height for all uses other than single-family and duplex shall be provided.
G. 
A rear yard of twenty percent (20%) of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten (10) feet to the rear lot line.
H. 
In no case, may two (2) manufactured homes be any closer than twenty (20) feet apart.
I. 
All manufactured homes must have underskirting which is of a metal, wood, Masonite, or masonry product.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The control of signs and billboards in the R-M District is the same as that set forth in Section 602.5 for the R-S District except that such uses as may be permitted subject to additional requirements may erect one (1) nonilluminated name plate not exceeding twenty-four (24) square feet in area, identifying the name and use of the premises.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Upon compliance with the provisions as set forth herein, a manufactured home park may be allowed within the R-M District:
A. 
The applicant, upon making application for a Zoning Clearance Permit, must submit a detailed site plan located all manufactured home stands, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein.
B. 
The proposed site shall provide for a minimum of ten (10) manufactured home spaces of 3,200 feet per space. The proposed site shall have a minimum frontage of two hundred (200) feet on a street designated as an arterial or collector street on the Thoroughfare Plan. All ingress or egress by automobile shall be on such streets.
C. 
Front yards of not less than twenty (20) feet and side and rear yards of not less than ten (10) feet shall be provided on manufactured home park sites.
D. 
This proposed Manufactured Home Park shall be screened or buffered on all sides (except front) with a screening wall or fence in accordance with Section 407 of this ordinance. Screening alternates A, B, C, E, or G.
E. 
The proposed site shall provide one (1) off street parking space for each manufactured home stand, plus one additional off-street parking space for each four (4) manufactured home stands. Parking areas must be clearly defined, and buffered from trailers.
F. 
The proposed site shall provide connections for each manufactured home stand to all public utilities.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
A. 
Accessory buildings which are not part of a main building may include one (1) private garage or one (1) carport, and storage buildings not exceeding 200 square feet.
B. 
One satellite dish antenna with a diameter of 48" or less so long as the dish is located within the rear yard and is no closer than five (5) feet for interior lot lines and ten (10) feet for the side yard abutting the side street on a corner lot or within ten (10) feet to the rear lot line.
C. 
Screening alternates A, B, C, E, or F, G.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
This commercial district is intended for a unified grouping in one or more buildings of retail shops and stores and personal services that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the convenience center be developed as a unit with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Within the C-C the following uses are permitted:
A. 
Any of the following uses: artists supplies and hobby shop, bakery shop, barber and beauty shops, book store, clothing or wearing apparel shops, drug store, dairy product store, delicatessen, financial institutions, florist shop, gift shop, grocery store, hardware store, jewelry shop, laundry and dry cleaning pick-up stations, medical facility, office professional and/or general, pharmacy, restaurants (not drive-in restaurants), self-service laundries, shoe repair shop, sporting goods store, tailor shop, theater, toy store, variety store.
B. 
Any of the uses permitted in Section 603.3, subject to additional requirement as provided.
C. 
Accessory buildings and uses customarily incidental to the above uses, provided that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.
D. 
Any other commercial use deemed by the Planning and Zoning Commission to be of a similar nature to those listed above.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Minimum lot area:
12,000 square feet
Minimum lot frontage:
100 feet
Maximum % coverage:
40%
Maximum height:
35 feet
Minimum front yard setback:
1 foot per 1 foot of height if adjacent to residential district
Minimum rear yard setback:
5 feet
Corner lots:
 
Minimum front yard setback:
20 feet
Minimum side yard setback:
20 feet on side facing the street
A. 
The parcel of land on which a convenience commercial center is located shall not be less than twelve thousand (12,000) square feet.
B. 
Each lot shall have a frontage of not less than one hundred (100) feet.
C. 
Not more than forty percent (40%) of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D. 
No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot.
E. 
It is intended that the grouping of buildings and parking areas be designed to protect, insofar as possible, adjacent residential areas. In no case shall the design of the shopping center provide less than the following standards:
1. 
All buildings shall be set back from all street right-of-way lines not less than thirty feet.
2. 
On the side of a lot adjoining a residential district, there shall be a side yard setback of two (2) feet for each one (1) foot of height.
3. 
All buildings shall be set back from the rear lot line not less than five (5) feet
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Business signs, poster boards, bulletin boards or other similar display in the C-C District shall conform to the following requirements:
A. 
In the C-C District, one business sign not exceeding thirty-two (32) square feet in surface area and identifying the business or activity conducted on the premises may be erected on each street frontage of the parcel. In the case of a shopping center containing a group of businesses and/or activities on one lot, one (1) accessory building sign may be erected on the lot identifying the shopping center. Such accessory signs shall not exceed fifty (50) square feet in area. Ground signs shall not exceed the height of the building in which the principal use is located on twenty (20) feet, whichever is higher. No business sign shall be located within fifty (50) feet of a residential district if visible from such district. Illumination, if any, shall be by constant light.
B. 
A real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of the development. The sign shall not exceed sixteen (16) feet in surface area not fifteen (15) feet in height, and illumination, if any, shall be by constant light.
C. 
All signs in the C-C District shall be erected upon private property and shall not encroach at ground level upon any public street or walk except as provided by the applicable codes of the City and they shall not overhang at a height of less than twelve (12) feet and shall not have a maximum overhang projection greater than seventy-two (72) inches.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
This commercial district is established as a district in which the principal use of land is for establishments offering accommodations, supplies of services to motorists, and for certain specialized uses such as retail outlets, extensive commercial amusement and service establishments which serve the entire community but do not and should not necessarily locate in the central business district or the convenience commercial district.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Within the C-A/R, Automotive Commercial and Commercial Recreation District, the following uses are permitted:
A. 
Any use permitted in the C-C, Convenience Commercial District,
B. 
Other uses, including: amusement enterprises, new and used automobile sales and service, new and used machinery sales and service, and public garages, ambulance service office or garage, automobile service station, billboards as permitted in Section 605.4, boat sales, bowling alleys, bus terminal, dance hall, drive-in theater or restaurant, electric transmission station, feed and fuel store, funeral parlor, garden store, golf course - miniature or practice range, heating and plumbing sales and service, hospital for small animals, ice plant, key shop, kennel, laundry, motels, music, radio and television shop and repair, novelty, pawnshop, pet shop, printing plant, public uses, recreation center-private, roller-skating rink, sign painting shop, travel trailer park and sales, wholesale distributing center, efficiency apartments.
C. 
Any other store or shop for retail trade or providing personal, professional or business service other than those provided in Section 606.2.
D. 
Buildings, structures and accessory uses customarily incidental to any of the above uses, provided that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Minimum lot area:
12,000 square feet
Minimum lot frontage:
100 feet
Maximum % coverage:
40%
Maximum height:
35 feet
Minimum front yard setback:
50 feet
Minimum side yard setback:
2 feet for every 1 foot of height if adjacent to a Residential area
Minimum rear yard setback:
20 feet
Corner lots:
 
Minimum side yard setback:
20 feet on side facing the street
A. 
The parcel of land on which any commercial use is located shall not be less than twelve thousand (12,000) square feet.
B. 
Each lot shall have a frontage of not less than one hundred (100) feet.
C. 
Not more than forty percent (40%) of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D. 
No improvement or structure shall exceed thirty-five feet in height above the mean elevation of the lot.
E. 
It is intended that the commercial uses and parking areas within a C-A/R District be designed to protect, insofar as possible, adjacent residential areas. In no case shall the development have less than the following standards:
1. 
All buildings shall be set back from all street right-of-way lines not less than fifty (50) feet.
2. 
On the side of a lot adjoining a residential district there shall be a side yard setback of two (2) feet for each one (1) foot of height.
3. 
All buildings shall be set back from the rear lot line not less than twenty (20) feet.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Business signs, poster boards, bulletin boards, or other similar display in the C-A/R District shall conform to the following requirements:
A. 
In the C-A/R District, business signs not exceeding in the aggregate one (1) square foot of display surface area per one (1) linear foot of street frontage may be erected on each street frontage of the parcel. Ground signs and billboards shall not exceed thirty (30) feet in height. No sign or billboard shall be located within fifty (50) feet of a residential district if visible from such district. Illumination, if any, shall be by constant light.
B. 
A real estate sign advertising the sale, rental, or lease of the premises may be erected on each street frontage of the development. The sign shall not exceed fifty (50) square feet in surface area not fifteen (15) feet in height, and illumination, if any, shall be by constant light.
C. 
All signs in the C-A/R District shall be erected upon private property and shall not encroach at ground level upon any public street or walk except as provided by the applicable codes of the city and they shall not overhang at a height of less than twelve (12) feet and shall not have a maximum overhang projection greater than seventy-two (72) inches.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
This commercial district is designed for the conduct of personal and business services and the general retail trade of the community. It is designed to accommodate a wide variety of commercial uses in the central business district or areas of mixed business enterprises. It will not normally be applied in the case of new commercial areas.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Within the C-G, General Commercial District, the following uses are permitted:
A. 
Any use permitted in a C-C District.
B. 
Other retail, personal services, business service, or professional use other than uses first listed in the C-A/R District Regulations.
C. 
Any public or quasi-public buildings or uses.
D. 
Buildings, structures, and accessory uses customarily incidental to any of the above uses, provided that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.
E. 
Sexually Oriented Businesses shall not be permitted in a C-G district.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The following uses may be permitted by the Planning and Zoning Commission after a public hearing, provided they meet the requirements noted for each use in addition to all other regulations applicable in the C-G, General Commercial District:
A. 
Uses first listed in the C-A/R District is located on a lot fronting on a street designated as an arterial street in the Thoroughfare Plan and if the proposed use will meet all regulations applicable in the C-A/R District and the use will not create undue traffic hazards.
B. 
Wholesale business if no outdoor storage is located on the property in the district.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Minimum lot area:
None
Minimum lot frontage:
None
Maximum % coverage:
None
Maximum height:
None
Minimum front yard setback:
None
Minimum side yard setback:
None
Minimum rear yard setback:
None
Corner lots:
 
Minimum front yard setback:
12.5 feet
Minimum side yard setback:
12.5 feet on side facing the street
There are no area or height regulations in the C-G District.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
All signs and billboards in the C-G District shall conform to the requirements in Section 605.4.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The purpose of the I-L, Light Industrial District, is to provide a location for industries which do not by their nature create nuisances. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit nonindustrial uses. Because of the traffic generated and other potentially objectionable influences created in this district, a buffer or setback area between this district and any other zoning district except I-H is required.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Any use constructed, established, altered, or enlarged in the I-L, Light Industrial District, after the effective date of this ordinance shall be so operated as to comply with the following standards:
A. 
No building shall be used for residential purposes, except that a watchman may reside on the premises.
B. 
No retail sales or services shall be permitted except as incidental to or accessory to a permitted use.
C. 
No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
In the I-L District, at no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use, operation, or activity exceed the maximum, permitted decibel levels for the designated octave bands as set forth in Tables I and II below:
Table I, Preferred Frequencies
Center Frequency
Maximum Permitted Sound
Cycles Per Second
Pressure Levels, Decibels
31.5
76
63
74
125
68
250
63
500
57
1,000
52
2,000
45
4,000
38
8,000
32
Table II, Pre-1960 Octave Bands
Octave Band
Maximum Permitted Sound
Cycles Per Second
Pressure Level, Decibels
20-75
75
75-150
70
150-300
64
300-600
59
600-1,200
53
1,200-2,400
47
2,400-4,800
40
4,800-10 kc
34
Method of Measurement - For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer shall be employed. The flat network and the fast meter response of the sound level meter shall be used. Sounds of short duration as from forge hammers, punch presses, and metal shears which cannot be measured accurately with the sound level meter shall be measured with the impact noise analyzer.
Octave band analyzers calibrated in the Preferred Frequencies (American Standards Association S 1.6-1960, Preferred Frequencies for Acoustical Measurements) shall be used with Table I. Octave band analyzers calibrated with pre-1960 octave band (American Standards Association Z 24, 10-1954, Octave Band Filter Set) shall use Table II.
For impact sounds measured with the impact noise analyzer, the sound pressure levels set forth in Tables I and II may be increased by six decibels in each octave band.
Exemptions–the following uses and activities shall be exempt from the noise level regulations:
1. 
Noises not directly under the control of the property user.
2. 
Noises emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m.
3. 
The noises of safety signals, warning devices, and emergency pressure relief valves.
4. 
Transient noises of moving sources, such as automobile trucks, airplanes, and railroads.
D. 
No toxic matter, noxious matter, smoke gas, or odorous or particle matter shall be emitted that is detectable beyond the lot lines of the lot on which the use is located.
E. 
Earth carried vibration shall be limited so that detection by seismograph at any property line of an industrial establishment shall not exceed a value measured and computed as follows:
Method of Measurement - Measurement shall be made at the property line, vibration displacements shall be measured with an instrument capable of measuring in three mutually perpendicular directions.
Maximum Permissible Displacements - The following formula shall be sued [used] in computing the maximum displacements permitted in the I-L district.
D
=
K/f
Where:
C
=
displacement in inches
K
=
.01
f
=
the frequency of the vibration transmitted through the ground in cycles per second.
F. 
Exterior lighting fixtures, wherever necessary, shall be shaded to avoid casting direct light upon property located in any residential district.
G. 
The manufacture of flammable materials which produce explosive vapor or gases is prohibited.
H. 
No outside storage of equipment and/or material, except equipment in daily use, shall be permitted in such a location where it can be viewed from any public street.
I. 
Any operation that produces intense glare or heat shall be performed within a completely enclosed building, and exposed sources of light shall be screened so as not to be detectable beyond the lot lines.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Within the I-L, Light Industrial District, the following uses are permitted:
A. 
Building materials sales
B. 
Commercial radio and television transmitting antenna towers and other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages.
C. 
Compounding, processing and blending of chemical products, but not including any materials which decompose by detonation.
D. 
General and administration offices.
E. 
Machine shops and metal products manufacture and tool and die shops, provided they do not include any of the following equipment: automatic metal turning or threading lathes, drop forges or riveting machines.
F. 
Mail-order houses.
G. 
Manufacturing and assembling (or any combination of such processes) of products from wood, cord, glass, leather, fur, plastic, felt, and other textiles, but not including as a principal operation the processing of any raw materials.
H. 
Manufacturing and assembling of electrical and electronic products and equipment.
I. 
Printing and binding plants.
J. 
Research laboratories
K. 
Warehouse and storage facilities.
L. 
Water filtration plants, pumping stations, reservoirs, and lift stations.
M. 
Accessory uses incidental to and on the same zoning lot as a principal use.
N. 
Kennels
O. 
Veterinary services.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The Planning and Zoning Commission may permit uses other than those listed above to be located in the I-L District, after public hearing and determination that any such use is similar to those listed above and is not listed in Section 608.3.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Minimum lot area:
None
Minimum lot frontage:
None
Maximum % coverage
40%
Maximum height
None
Minimum front yard setback
50 feet (minimum or 2 feet of setback for each 1 feet of height when adjacent to a residential district)
Minimum rear yard setback
50 feet (minimum or 2 feet of setback for each 1 feet of height when adjacent to a residential district)
A. 
There are no area requirements in an I-L District.
B. 
There are no lot frontage requirements in an I-L District.
C. 
Not more than forty percent (40%) of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D. 
There are no height requirements in an I-L District.
E. 
No structure shall be erected, commenced or maintained which has a front yard of less than fifty (50) feet.
F. 
When adjacent to a residential district, a side yard of fifty (50) feet or two (2) feet for each one (1) foot of height, whichever is greater, shall be provided.
G. 
When adjacent to a residential district, a rear yard of fifty (50) feet or two (2) feet for each one (1) foot of height, whichever is greater, shall be provided.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
All signs and billboards in the I-L District shall conform to the requirement in Section 605.4.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The purpose of the I-H, Heavy Industrial District, is to provide a location for industries which may by their nature create nuisances. The intent is to preserve this land especially for such industry in locations with access to arterial streets as designated on the Thoroughfare Plan, as well as locations generally accessible to railroad transportation. Because of the nuisances or other objectionable influences that may be created in this district, a buffer or setback strip between this district and other zoning district except I-L is required.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Any use constructed, established, altered, or enlarged in the I-H, Heavy Industrial District, after the effective date of this ordinance shall be so operated as to comply with the following standards. No use already established on the effective date of this ordinance shall be so altered or modified as to conflict with, or further conflict with, the applicable standards hereinafter for the I-H District.
A. 
No building shall be used for residential purposes, except that a watchman may reside on the premises.
B. 
No retail sales or services shall be permitted except as incidental to or accessory to a permitted use.
C. 
No storage, manufacture, or assembly of goods shall be conducted out of a building unless the nearest point of said activity is more than one hundred (100) feet from the boundary of any zoning district.
D. 
Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.
E. 
All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, and testing of goods, water and merchandise shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust, or other particle matter, toxic or noxious matter, odors, glare, heat, fire or explosive hazards.
F. 
No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Within the I-H, Heavy Industrial District, the following uses are permitted:
A. 
Any use permitted in the I-L District.
B. 
Blacksmiths, tinsmiths, and sheet metal shops; bottling works; canning or preserving factories; cold storage plants; ice cream production and distribution; laundry and dry-cleaning plants; machinery rental, sales and service; machine shops.
C. 
Manufacturing, fabricating, assembling, repairing, storing and cleaning, servicing, or testing of any of the following materials, goods or merchandise: apparel; beverage (nonalcoholic), processing and bottling; building materials specialties; clothing; compounding and packaging of chemicals; cosmetics and toiletries; dairy products; drugs and pharmaceutical products; electrical and acoustical products and components; food product (except fish, sauerkraut, vinegar and yeast); furniture; glass products; ice, dry and natural; jewelry; medical laboratory supplies, equipment and specialties; metal products and utensils; musical instruments; optical goods; paper products, including boxes and containers; radios, phonographs, recorders, and television sets and parts; electronic parts assembly; electronic equipment storage; textiles; toys and children’s vehicles; trailers and carts; wood products, including wooden boxes and containers; milk, bottling and distribution; monumental stone cutting; motor freight terminals; pattern shops; printing plants; soldering and welding shops; sign painting; railroad yards and switching areas, including lodging and sleeping facilities for transient railroad labor; spray paining and mixing; bulk fuel sales and storage; automobile wrecking and junk yards, provided they are enclosed throughout the entire perimeter by a solid fence not less than eight (8) feet in height; processing of meat and vegetable products, including the slaughter of animals.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
A. 
There are no requirements for minimum lot area or frontage in the I-H District.
B. 
Front, rear and side yard requirements in the I-H District are the same as those set forth in Section 608-5 for the I-L District.
C. 
Buildings shall not cover more than fifty percent (50%) of the sites on which the use is located.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
All signs and billboards in the I-H District shall conform to the requirements in Section 605.4.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Areas indicated on the zoning map as public parks, schools sites, cemeteries, recreation areas, libraries, fire stations, water works, airport, hospitals or other public uses shall not be used for any purpose other than that designated; when this use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until such time as the City Council, acting on the recommendation of the Planning and Zoning Commission and in accordance with procedures set out in Article 9 of this ordinance, shall approve inclusion of such property in another district or districts.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The purpose of the P-D District is to accommodate modem, carefully planned, integrated land uses such as residential, shopping, medical facilities, offices and other type uses, all designed and arranged into a mutually supporting pattern. The special type, some industrial parks, medical and hospital centers, office centers and similar combinations of such developments which will be appropriately handled as planned developments.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The Planning and Zoning Commission may permit a planned development after public hearing provided it meets the requirements noted for each use in addition to the following applicable area requirements:
A. 
A scale drawing must be provided showing any proposed public or private streets, building sites or building lots, any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility easements, school sites, street widening, street changes and points of ingress and egress from existing public streets, topography with a contour interval of not less than five feet, or spot grades where the relied is limited.
B. 
Where multiple land use is proposed, a land use plan which delineates the specific areas to be devoted to each particular type of use is required.
C. 
Where building complexes are proposed and such buildings are not to be placed upon individual lots, a site plan, showing the approximate location of each building and the minimum distance between buildings and the property line, street line, and/or alley line, is required. Where buildings greater than one story in height, except single-family dwellings, are proposed, elevations and/or perspective drawings are required in order that the relationship of the buildings to adjacent properties and uses may be determined. Such drawings need only indicate the height, number of stories, exposure where access, light and air are proposed, and the type of construction.
D. 
A plan must be submitted to the Planning and Zoning Commission indicating the arrangement of off-street parking and off-street loading, where such is required. Such a plan may be presented as a ratio of off-street parking and off-street loading to building area, when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any specific traffic regulation and facilities proposed or required to assure the safe function of the circulation plan must also be shown.
E. 
A designation of the maximum building coverage of the site must be indicated upon the site plan.
F. 
Screening and landscaping plans are required where such treatment is required by this ordinance. Such plan must, when required and appropriate, ornamental planting, playgrounds, wooded areas to be retained, lawns and gardens such as are determined to be necessary by the City Council.
G. 
Any or all of the required features may be incorporated on a single drawing, if such drawing is clear and capable of evaluation by the Planning and Zoning Commission and interpretation by the City Engineer and the City Manager.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The plans required for a planned development district may from time-to-time be amended. When the changes proposed are minor in nature and the relationship of the elements of the project to adjacent property are not altered and the density, building spacing and other appropriate standards are not changed, the alteration shall be considered an administrative change. Whenever the fundamental relationship of the project or any element thereof is proposed to be materially altered, the change shall be considered the same as an amendment to the Zoning Ordinance, Article IX, including Section 901.3.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The special use permits procedure is designed to provide the Planning and Zoning Commission and the City Council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for an unexpected impact upon, the health, safety, and welfare of the public. The Special Use Permit also allows the Planning and Zoning Commission and the City Council with the opportunity of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to avoid, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The discretionary special use permits procedure is designed to enable the Planning and Zoning Commission and the City Council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for a special use permit when it is apparent that a proposed use or structure will or may occasionally harm the community or cause injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The following uses and structures may be established or constructed only upon the issuance of a special use permit.
1. 
Radio, television, or microwave towers in any business, commercial or industrial district.
2. 
Investor-owned utility distribution facilities and equipment in any district.
3. 
Microwave antennas and receivers in any district.
4. 
Amusement and video game arcades in C-G district.
5. 
Retail specialty and novelty establishments
A. 
Definitions: for the purpose of this paragraph, the following words and phrases shall have the meanings respectively ascribed to them by this section:
1. 
The term “primarily” is defined as gross monthly sales of special novelty items representing more than fifty (50) percent of total sales.
2. 
the term “specialty and novelty items” is defined as follows:
a) 
kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived, as the term “controlled substance” is defined in the state penal code;
b) 
kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances, as the term “controlled substance” is defined in the state penal code;
c) 
isomerization devices used, intended for use or designed for use in increasing potency of any species of plant which is controlled substance, as the term “controlled substance” is defined in the state penal code;
d) 
testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances, as the term “controlled substance” is defined in the state penal code;
e) 
scales and balances used, intended for use or designed for use in weighing or measuring controlled substances, as the term “controlled substance” is defined in the state penal code;
f) 
diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in curing controlled substances, as the term “controlled substances” is defined in the state penal code;
g) 
separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;
h) 
blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances, as the term “controlled substances” is defined in the state penal code;
i) 
capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, as the term “controlled substances” is defined in the state penal code;
j) 
containers and other objects used, intended for use or designed for use in storing or concealing controlled substances, as the term “controlled substance” is defined in the state penal code;
k) 
hypodermic syringes, needles and other objects used, intended for use or designed for use in parentally injecting controlled substances, as the term “controlled substances” is defined in the state penal code, into the human body;
l) 
objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as: metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoons and cocaine vials; chamber pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers;
m) 
wearing apparel containing obscene pictures or words, such apparel being T-shirts, belt buckles, jewelry or any other wearing apparel, as defined by Texas Penal Code;
n) 
salves, ointments, jells, creams, jellies, lotions and oils advertised for or designed as a sexual stimulus;
o) 
magazines, books, records, cassettes, pictures, drawings, compact discs, and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumption;
p) 
incense.
B. 
Notwithstanding any provision of any ordinance or any city code provision currently in effect in the City of Spearman, the operation of a specialty and novelty establishment permitted by the laws of the State of Texas, shall be regulated and governed as provided herein. The operation of a specialty and novelty establishment shall be illegal in the City of Spearman, unless a Special Use Permit has been obtained on property for that purpose in a Light Industrial, or Heavy Industrial district only.
6. 
Billiard table and coin-operated machines
A. 
Definitions:
1. 
Billiard table means any table surrounded by a ledge or cushion, with or without pockets, upon which balls are impelled by a stick or cue, and where the player thereon does not or is not required to make a coin deposit causing an electrical connection of any nature or kind before such game may be actually commenced.
2. 
Skill or coin-operated machines means every coin-operated machine of any kind or character whatsoever, when such machine or machines dispense or are use or are capable of being used or operated for amusement or pleasure or when said machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispense or vending of merchandise, music or service as those terms are defined in Title 122A Taxation, General of the Laws of the State of Texas. The use of eight (8) or more such machines at any one location shall constitute a principal use.
B. 
Notwithstanding any other provision of this ordinance or of any ordinances of the City, the commercial use of billiard tables, of the commercial use of eight (8) or more skill or coin-operated machines shall be illegal unless a Special Use Permit has been obtained on property for that purpose in commercial districts only.
7. 
Sexually oriented business
A sexually oriented business shall be a permitted use only in the Light Industrial or Heavy Industrial District and only upon the issuance of a Special Use Permit in accordance with and pursuant to this ordinance. A sexually oriented business shall not be located within one thousand (1,000) feet of a church, a school, a boundary of a residential district, a public park or the property line of a lot devoted to residential use. A sexually oriented business shall be regulated and permitted as provided herein.
8. 
Helistop
9. 
Heliports
Hospitals and pharmacies are exempt from Special Use Permit requirements.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
An application for a special use permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the special use permit is sought shall be accompanied by evidence of the consent of the owner. An application for a special use permit shall be filed with the City Manager or such other official as he may designate. A public hearing on an application for a special use permit shall be held and notice thereof given in the manner and form required by the laws of the State of Texas.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
In considering an application for a special use permit, the Planning and Zoning Commission and the City Council shall take into consideration the following factors:
1. 
whether the proposed special use will adversely affect the safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;
2. 
whether the proposed special use will adequately provide for safety from fire hazards, and have effective measure of fire control;
3. 
whether the proposed special use will adequately protect adjacent property from flood or water damage;
4. 
whether the proposed special use will have noise producing elements;
5. 
whether the glare of vehicular and stationary lights will affect the established character of the neighborhood;
6. 
whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site;
7. 
whether such signs will have an adverse effect on adjacent properties;
8. 
whether the street size and pavement width in the vicinity will be adequate for traffic reasonable expected to be generated by the proposed use;
9. 
whether the proposed special use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare;
10. 
whether the proposed special use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.
11. 
whether the proposed special use at the specified location will contribute to or promote the welfare or convenience of the public.
12. 
whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.
13. 
whether the proposed special use will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.
14. 
whether the proposed special use will be served adequately by essential public facilities and services such as highways, police and fire protection, refuse disposal, water and sewer service.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
In considering a special use permit application, the Planning and Zoning Commission may recommend, and the City Council may impose such conditions, safeguards and restrictions upon the premises benefited by the special use as may be necessary to avoid, minimize or mitigate any potentially injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the special use permit. Whenever any special use permit authorized pursuant to this section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the City Manager so stating.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The issuance of a permit for a special use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the City.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
No special use permit shall be valid for a period longer than one (1) year from the date on which the City Council grants the special use, unless within such one (1) year period such construction or alteration of a structure has begun.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)