CHAPTER 4-02
ZONING DISTRICT REGULATIONS SECTIONS:
4-0201. Establishment of Districts.
4-0202. Official Zoning Map.
4-0203. Regulations for “A” Districts (Agricultural Use Districts).
4-0204. Regulations for “R-1" Districts (Single Family Dwelling Districts).
4-0205. Regulations for “R-2" Districts (One and Two Family Dwelling Districts).
4-0206. Regulations for “R-3" Districts (Multiple Dwelling Districts).
4-0207. Regulations for “R-4" Districts (Mobile Home Park Districts).
4-0208. Regulations for “C-1" Districts (Light Commercial Districts).
4-0209. Regulations for “C-2" Districts (General Commercial Districts).
4-0210. Regulations for “I-1" Districts (Light Industrial Districts).
4-0211. Regulations for “I-2" Districts (Heavy Industrial Districts).
4-0212. Regulations for “R-1E” Districts (Rural Estate Districts).
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SECTION 4-0201. ESTABLISHMENT OF DISTRICTS. For purposes of this ordinance, the following classes of zoning districts are hereby established within the City of Harwood:
(1) A: Agricultural Use Districts
(2) R-1: Single Family Dwelling Districts
(3) R-2: One and Two Family Dwelling Districts
(4) R-3: Multiple Dwelling Districts
(5) R-4: Mobile Home Park Districts
(6) C-1: Light Commercial Districts
(7) C-2: General Commercial Districts
(8) I-1: Light Industrial Districts
(9) R-1E: Rural Estate District
SECTION 4-0202. OFFICIAL ZONING MAP.
(1) Adoption of Official Zoning Map. The boundaries of the districts set forth in Section 1 are shown upon the official zoning map, which, together with all explanatory matter thereon, is hereby incorporated into the terms of this ordinance by reference. The official zoning map shall be located in the office of the City Auditor and shall be the final authority as to the current zoning status of land located within the corporate limits of the City of Harwood and all area within the extra-territorial jurisdiction of the City as provided and limited by Section 40-47-01.1 of the NDCC.
(2) Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
(a) Boundaries indicated as appropriately following the center lines of railroad lines, highways, streets, alleys, easements, or waterways shall be construed to follow such center lines;
(b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
(c) Boundaries indicated as approximately following city limits shall be construed as following such city limits;
(d) In subdivided property and where a district boundary divides a lot or parcel of property, the location of any such boundary, unless the same is indicated by dimensions shown on the official zoning map, shall be determined by use of the scale appearing on such map.
(e) The Board of Adjustment shall, upon application or upon its own motion, determine the location of boundaries in cases where uncertainty exists.
(3) Applicability of District Regulations. Except as may be otherwise provided herein:
(a) No structure shall hereafter be erected, reconstructed, structurally altered, enlarged, added to or moved, nor shall any structure or land be used for any purpose other than for a use permitted herein for the district in which such structure or land is located.
(b) No structure shall hereafter be erected, reconstructed, structurally altered, enlarged, or moved so as to exceed the building height limit established herein for the district in which such structure is located.
(c) No lot shall be so reduced or diminished nor shall any structure be so enlarged or moved as to reduce or diminish the yards, lot area or open space required herein in the district where located.
(d) No yard or other open space required herein for any building shall be considered as providing a yard or open space for any other building, and no yard or open space on an adjoining lot or parcel of property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.
(e) Every building hereafter erected shall be located on a lot, as defined herein, and in no case shall there be more than one main building on one lot except as may be otherwise provided herein.
(f) Every building containing one or more dwelling units or guest rooms shall be erected on a lot at least one line of which abuts for not less than twenty-five feet along a public street or along a permanent, unobstructed easement of access to the lot from a public street.
SECTION 4-0203. REGULATIONS FOR “A” DISTRICTS (AGRICULTURAL USE DISTRICTS). In “A” Districts the following regulations shall apply, except as otherwise provided herein:
(1) Uses Permitted:
(a) Crop and tree farming, truck gardening, plant nurseries, or non-commercial greenhouses.
(b) Single-family dwellings.
(c) Accessory buildings used in connection with singlefamily dwellings or in connection with farming operations.
(2) Building Height Limits: Two and one-half stories, but not exceeding thirty-five feet in height.
(3) Lot Area Required: Not less than ten acres for each single-family dwelling unit.
(4) Open Grazing, subject to the following:
(a) No more than three animals per acre are allowed upon any parcel of land; and
(b) A maximum of eight animals is allowed for any one parcel of land, regardless of the total acreage of that parcel.
Source: Sec. 3, Ord. 2007-2 (2007).
(5) Conditionally Permitted Uses: The following uses may be permitted in the “A” District subject to the conditions hereafter imposed for each use and subject further to review and approval of the City:
(a) Feedlots, subject to the following conditions:
(1) The feedlot shall have a minimum setback of one-half mile from any residential areas.
(2) The feedlot operator shall provide the City with a plan indicating how animal waste will be controlled, contained and managed.
(3) The feedlot operator shall obtain all necessary North Dakota Department of Health permits, in addition to any county or township permits.
(b) Confined animal feeding operations, subject to the following conditions:
(1) The operation is an existing confined animal feeding operation and is seeking to expand.
(2) The operation shall have a minimum setback of one-half mile from any residential areas.
(3) The operation shall provide the City with a plan indicating how animal waste will be controlled, contained and managed.
(4) The operation shall obtain all necessary North Dakota Department of Health permits, in addition to any county or township permits. Source: Sec. 4, Ord. 2007-2 (2007).
SECTION 4-0204. REGULATIONS FOR “R-1” DISTRICTS (SINGLE FAMILY DWELLING DISTRICTS). In “R-1” Districts the following regulations shall apply, except as otherwise provided herein:
(1) Statement of Intent: The provisions of the R-1 District are intended to apply to neighborhoods with low density, wherein certain educational, religious, recreational and other activities compatible with residential development are permitted.
(2) Permitted Uses:
(a) Single-family detached dwellings.
(b) Publicly owned and operated parks, playgrounds, and recreational facilities.
(c) Schools and churches.
(d) Essential services and public buildings.
(e) State-licensed group homes serving eight or fewer developmentally disabled persons.
(f) Accessory buildings, provided that they shall be operated as required by Subsection 2 of the Supplementary District Regulations of this Ordinance.
(g) Home occupations, provided that they shall be operated as required by Subsection 8 of the Supplementary District Regulations of this Ordinance.
(h) Family Child Care home.
(3) Conditionally Permitted uses: The following uses may be permitted in the R-1 District subject to the conditions hereinafter imposed for each use and subject further to review and approval by the City Council.
(a) Child Care Facilities licensed by the State Department of Human Services
(b) Private Non-Commercial recreational or cultural faculties; subject to the following conditions:
1. The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one property line abutting a major thoroughfare, either existing or proposed, and the site shall be so planned so as to provide all ingress and egress directly onto or from said major thoroughfare.
2. Front, side and rear yards shall be at least sixty (60) feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a health condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.
(4) Retirement, Nursing, or Convalescent Homes: Not to exceed a height of two (2) stories, when the following conditions are met:
(a) The site shall be so developed as to create a landto-building ratio on the lot or parcel whereby for each one (1) bed in the convalescent home there shall be provided not less than fifteen hundred (1,500) square feet of open space. The 1,500 square feet of land area per bed shall provided for landscaped setting, off-street parking, service drives, loading space, yard requirements and space required for accessory uses. The 1,500 square feet requirement is over and above the building area.
(b) No building shall be closer than forty (40) feet from any property line.
(5) Yard Requirements for the R-1 District.
(a) Front yard: Not less than thirty feet.
(b) Rear yard: Not less than thirty feet.
(c) Side yard: Not less than ten feet or twelve percent of the lot width, whichever is less.
(d) Lot Width: Not less than seventy feet.
(e) Lot Area: Not less than ten thousand square feet for a single-family dwelling and twelve thousand square feet for a two-family dwelling.
(f) Lot Coverage: Not more than twenty-five percent of the area of the lot shall be covered by the main buildings and all accessory buildings and the total ground area covered by accessory buildings shall be equal to or less than the ground floor area of the main building or buildings. Source: Ord. 2011-13, Sec. 2 (2012)
(6) Parking Requirements: Two off-street spaces for each single family dwelling and four parking spaces for each two-family dwelling. For institutional establishments or places of assembly, one parking space shall be required for every four seats, or beds, or one parking space for every three employees on the maximum shift.
SECTION 4-0205. REGULATIONS FOR “R-2” DISTRICTS (ONE AND TWO FAMILY DWELLING DISTRICTS.)
(1) Statement of Intent. The provisions of the R-2 District are intended to apply to neighborhoods of low to medium density, wherein certain educational, religious, recreational and other activities compatible with residential development are permitted.
(2) Permitted Uses.
(a) Any use permitted in the R-1 District.
(b) Two-family dwellings, including condominiums and two-unit townhouses.
(c) State-licensed group homes serving eight or fewer developmentally disabled persons
(3) Conditionally Permitted Uses. The following uses may be permitted in the R-2 District subject to the conditions hereinafter imposed for each use and subject further to review and approval of the City Council.
(a) Any conditional use permitted in the R-1 District.
(b) Medical and/or Dental Clinics, subject to the following conditions:
1. No such establishment shall be permitted closer than 1,000 feet to the boundary of any district where medical or dental clinics are allowed by right, nor shall any clinic be located within 1,000 feet of any active clinic supplying the same needs for the general area involved. Measurement of distance indicated shall be along usual routes of pedestrian travel.
2. The site shall be so located as to have at least one (1) property line abutting a major thoroughfare, either existing or proposed, and all ingress and egress for the site shall be directly onto said major thoroughfare, or a marginal access.
(c) Offices for architects, engineers, attorneys, real estate sales persons or similar professional persons, subject to the following:
1. The office shall only be established in a building which was in existence at the time of the effective date of this ordinance.
2. There shall not be more than one business per structure.
3. Delivery areas shall be obscured from all residential view with a wall six (6) feet in height.
(d) Multiple dwelling structures containing from three to twelve units, subject to the following:
1. The building shall conform to the yard requirements set forth for R-1 Districts.
2. The site for the building shall have at least one property line which adjoins, either directly or across the alley, an R-2, R-3, or a Commercial District.
(e) No such establishment shall be permitted closer than 1,000 feet to the boundary of any district where medical or dental clinics are allowed by right, nor shall any clinic be located within 1,000 feet of any active clinic supplying the same needs for the general area involved. Measurement of distance indicated shall be along usual routes of pedestrian travel.
(f) The site shall be so located as to have at least one (1) property line abutting a major thoroughfare, either existing or proposed, and all ingress and egress for the site shall be directly onto said major thoroughfare, or a marginal access.
(4) Multiple dwelling structures containing three or four units, subject to the following conditions:
(a) The site for the building shall have at least one property line adjoining, either directly or across an alley, an R-2, R-3 or Commercial District.
(b) The building shall conform to the yard requirements set forth for in this Ordinance, except for lot area, which shall be a minimum of 9,000 square feet for three unit buildings and 11,000 square feet for four unit buildings. Three or four unit town homes may be permitted in conformance with the yard requirements set forth in this Ordinance.
(c) Building Height Limits. Two and one-half stories, but not exceeding thirty-five feet in height.
(5) Yard requirements for R-2 Districts:
(a) Front yard: Not less than thirty feet.
(b) Rear yard: Not less than thirty feet.
(c) Side yard: Not less than ten feet or twelve percent of the lot width, whichever is less.
(d) Lot Width: Not less than seventy feet.
(e) Lot Area: Not less than twelve thousand square feet.
(f) Lot Coverage: Not more than fifty percent of the area of the lot shall be covered by the main buildings and all accessory buildings and the total ground area covered by accessory buildings shall be equal to or less than the ground floor area of the main building or buildings.
(6) Parking Requirements. Two off-street spaces for each single-family dwelling and for each unit in two-family dwellings.
SECTION 4-0206. REGULATIONS FOR “R-3” DISTRICTS (MULTIPLE DWELLING DISTRICTS).
(1) Statement of Intent. The provisions of the R-3 District are intended to apply to neighborhoods of medium to high density wherein a variety of housing types and certain educational, religious, recreational, and other activities compatible with residential development are permitted.
(2) Permitted Uses.
(a) Any use permitted in the R-2 Districts.
(b) Multiple dwellings containing more than eight units, including condominiums and townhouses.
(3) Conditionally Permitted Uses. The following uses may be permitted in the R-3 District subject to the conditions hereinafter imposed for each use and subject further to review and approval by the City Council as required in this Ordinance.
(a) Any conditional use permitted in the R-2 District.
(b) Convenience Establishments, as defined by this Ordinance, and subject to the following conditions:
1 No such establishment shall be permitted closer than 1,000 feet to the boundary of any district where similar facilities are generally permitted, nor shall any new establishment of a specific kind be located within 1,000 feet of an active establishment of the same nature found suitable for supplying the same needs for the general area involved. Measurement of distances indicated shall be along usual routes of pedestrian travel.
2. Strong preference shall be given to location of complementary additions in the immediate vicinity of existing convenience establishments of other types in patterns which facilitate easy pedestrian circulation from the surrounding area and from one establishment to another, and to arrangements which encourage joint use of parking areas and automotive entrances and exists.
3. In the environment in which convenience establishments are intended to be permitted, it is the intent of this Ordinance that no such establishment or group of establishments shall be of such size or character as to create the impression of general commercial development. Therefore, in addition to other limitations designed to achieve these ends, no individual retail convenience establishment shall have a gross floor area exceeding 5,000 square feet.
4. A front yard 20 feet in depth shall be provided, and where the lot adjoins a street on more than one side, a yard 20 feet in depth shall be provided adjacent to all streets. Side yards shall be 10 feet in width adjacent to residential lots, but where the side of the lot is adjacent to a lot on which another convenience establishment is located or is being constructed, or is definitely to be constructed, no side yard need be provided if the structures involved are to have a common or party wall, or are to have no space between their walls. If there is to be space between the walls of adjacent structures housing convenience establishments or their accessory uses, such space shall be at least five feet in width. Rear yards shall be 25 feet in depth.
(4) Building Height Limits. Three and one-half stories or forty-five feet, whichever is less, and as follows:
(a) 1,600 square feet for each dwelling unit plus 200 square feet for each bedroom, with a minimum permitted lot area of 8,000 square feet. Efficiency units shall be considered one-bedroom units for the purpose of lot computation.
(b) On corner lots, a side yard facing a public way shall be a minimum of 12 feet, except when the driveway to a garage is located in said side yard, in which case the side yard shall be a minimum of 20 feet, except for lots of 50 feet or less, in which case the minimum setback for the garage shall be 18 feet. In this case, the house may be 12 feet, but garage must be a minimum of 20 feet on lots greater in width than 50 feet, or 18 feet on lots 50 feet or less in width.
(c) 12% of the lot width, with a maximum of 12 feet.
(d) For main building and all accessory buildings.
(e) For every building over 35 feet in height, required yards shall be increased by one (1) foot for every two (2) feet of building height over the limit.
(f) A duplex which consists of 2 units on one lot is required to have a minimum lot area of 6,000 square feet. A twin home which consists of 2 units side by side with a common party wall is required to have a minimum lot area of 3,000 square feet for each unit.
(g) A duplex is required to have a minimum lot width of 50 feet, whereas a twin home is required to have a minimum lot width of 25 feet for each unit.
(h) A duplex is required to have a minimum lot width of 60 feet, whereas a twin home is required to have a minimum lot width of 30 feet for each unit.
(5) Yard Requirements (except as outlined above).
(a) Front yard: Not less than twenty feet.
(b) Rear yard: Not less than thirty-five feet.
(c) Side yard: Not less than twelve feet.
(6) Lot Requirements:
(a) Lot Width: Not less than one hundred feet.
(b) Lot Depth: Not less than one hundred seventy-five feet, except that such requirement shall not apply to lots platted prior to the effective date of this ordinance.
(c) Lot Coverage: Not more than fifty percent of the area of the lot shall be covered by the main building and all accessory buildings and the total ground area covered by accessory buildings shall be equal to or less than the ground floor area of the main building or buildings.
(d) Lot Area: Not less than six thousand square feet for each dwelling or dwelling group having four dwelling units or less, with a maximum allowable units per building to be eight. Apartment buildings housing more than four families shall have a lot area of not less than eight thousand five hundred square feet and the minimum lot area per dwelling unit shall not be less than the following:
1. Efficiency one-room apartment: One thousand one hundred square feet.
2. One bedroom apartment: On thousand five hundred square feet.
3. Two bedroom apartment: One thousand seven hundred square feet.
4. Three or more bedroom apartment: One thousand eight hundred square feet.
(e) The maximum number of apartment units per acre shall be twenty-four.
(7) Parking Requirement: Two off-street spaces for each single-family dwelling and two off-street spaces for each unit in a multiple family dwelling.
SECTION 4-0207. REGULATIONS FOR “R-4” DISTRICTS (MOBILE HOME PARK DISTRICTS). In “R-4” Districts the following regulations shall apply, except as otherwise provided herein:
(1) Uses permitted: Mobile home parks complying with requirements hereinafter stated.
(2) Requirements:
(a) The minimum area of the tract shall be eight acres,
(b) The number of spaces completed and ready for occupancy before the first occupancy shall be twenty-five.
(c) The minimum length of residential occupancy shall be thirty days.
(d) The minimum lot size shall be six thousand square feet with a minimum width of fifty feet. Each lot shall be used for parking not more than one mobile home unit. The mobile home stand and mobile home unit in the expanded position shall not cover more than fifty percent of the mobile home lot including all pertinent enclosed structures.
(e) The minimum set back required for all mobile home stands or units shall be not less than thirty and not more than forty feet from the front lot line. No mobile home stand or unit shall be closer than ten feet from the side lot lines and there shall be a minimum of fifteen feet between units. The minimum side yard required shall be the larger of ten percent of the lot width or five feet. The minimum rear yard required shall be not less than twenty percent of the lot depth.
(f) Each sight shall abut on and have access to a street. This street shall be a minimum of twentysix feet in width.
(g) Each mobile home stand or unit shall be provided with an off-street paved or graveled parking space large enough to accommodate a minimum of two cars. Such paved or graveled area shall have minimum dimensions of 20’ x 20’ and shall be located behind the property line on dedicated streets.
(h) All pavement shall be constructed in accordance with the specifications of the City Engineer for flexible pavement in mobile home parks or subdivisions.
(i) All drainage structures shall be in strict compliance with the subdivision regulations of the City.
(j) All mobile home parks or subdivisions shall be provided with buried electrical service facilities. No overhead facility shall be permitted.
(k) All mobile home parks or subdivisions shall be provided with buried telephone service facilities. No overhead distribution systems shall be permitted.
(l) Fuel shall be distributed to mobile home units or stands by an underground piping system. If not available, cooking gas cylinders shall be permitted up to one hundred pound class. No outside fuel storage tanks shall be permitted except for storage units as are required for the operation of the distribution system.
(m) All convenience establishments of a commercial nature, including stores, coin-operated laundries and dry cleaning establishments, laundry and dry cleaning agencies, and beauty and barber shops, may be permitted in mobile home parks subject to the following:
1. Such establishments in the parking spaces primarily related to their operations shall not occupy more than ten percent of the area of the park, shall be located, designed and intended to serve frequent trade or service needs of persons residing in the park, and shall present no visible existence of their commercial character from any portion of any residential district outside the park.
(n) All improvements of the land, including buildings, and all appurtenances thereto, shall conform to all applicable laws, ordinances and regulations. The minimum standards established herein shall not be construed as lowering the standards established by deed restrictions and covenants running with the land, other laws, ordinances or regulations.
(o) All mobile homes shall be placed on foundations and skirted.
SECTION 4-0208. REGULATIONS FOR “C-1” DISTRICTS (LIGHT COMMERCIAL DISTRICTS). In “C-1” Districts the following regulations shall apply, except as otherwise provided herein:
(1) Uses permitted:
(a) Neighborhood retail sales and service uses such as: art shops, artists and professional studios, beauty parlors, clothing stores, drugstores, grocery stores or supermarkets, hardware stores, household appliances and fixture repair shops, meat markets, branch post offices, storage garages, self-service laundries and dry cleaning shops or laundries having not more than 3,000 square feet of floor area.
(b) Shops for the following similar occupations: barber, cabinetmaker, electrician, jewelers, watchmaker, locksmith, optician, painter, plumber, shoemaker, tailor.
(c) Business and professional offices.
(d) Bakeries, cafes, ice cream shops, and restraints which prepare food stuffs for onsite retail sale only, including licensed food and beer and food and beverage establishments.
(e) Automobile parking lots.
(f) Advertising signs appurtenant to the use of property in which said signs are displayed.
(g) Advertising signs or outdoor advertising for which a permit has been issued pursuant to the provisions of Section 4-0902 of the City’s ordinances.
(2) Conditional uses: The following uses may be permitted as a special use upon approval of the planning commission and the City Council. Application for such permission shall be made in accordance with this ordinance relating to special use permits:
(a) Multi-family dwelling units.
(b) Sleeping rooms, apartments or owner-occupied dwellings located within commercial businesses or service establishments provided that the residential use is secondary to the main commercial use of the building and occupies fifty percent or less of the total floor area.
(c) Amusements and recreational facilities.
(d) Funeral homes.
(3) Building Height Limits: Three and one-half stories or forty-five feet, whichever is less.
(4) Yard Requirements: None.
(5) Lot Requirements: None.
(6) Additional Requirements: A buffer strip consisting of trees, other plantings or fences, creating a visual screen of a minimum of eight feet in height, shall be provided when a commercial use abuts any residential district and said buffer strip shall run the entire length of the boundary between the two uses.
SECTION 4-0209. REGULATIONS FOR “C-2” DISTRICTS (GENERAL COMMERCIAL DISTRICTS). In “C-2” Districts the following regulations shall apply, except as otherwise provided herein:
(1) Uses permitted:
(a) Uses permitted in “C-1” Districts.
(b) Automobile parking structures.
(c) Automobile display and sales rooms and lots.
(d) Automobile service stations and car washing facilities.
(e) Trailer camps.
(f) Theaters and assembly halls, but not including outdoor theaters.
(g) Bus, taxi and truck yards.
(h) Hotels and motels.
(i) Pedestrian malls, covered or open.
(j) Public or semi-public utilities.
(k) Radio and television broadcasting stations and transmitters and microwave radio relay stations.
(l) Other retail or wholesale sale or service uses which are similar in character to those enumerated above, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property.
(2) Conditional uses: The following uses may be permitted as conditional uses upon the approval of the planning and zoning commission and City Council. Application for such permission shall be made in accordance with this ordinance relating to conditional use permits:
(a) Storage facilities for building materials such as lumber, steel, concrete blocks or pipe.
(b) Sleeping rooms, apartments or owner-occupied dwellings located within commercial businesses or service establishments provided that the residential use is secondary to the main commercial use of the building and occupies 50% or less of the total floor area.
(c) Wholesale businesses.
(d) Storage buildings and warehouses.
(3) Building Height Limits: Three and one-half stories or forty-five feet, whichever is less.
(4) Yard Requirements: None.
(5) Lot Requirements: None.
(6) Additional Requirements: A buffer strip consisting of trees, other plantings or fences, creating a visual screen of a minimum of eight feet in height, shall be provided when a commercial use abuts any residential district and said buffer strip shall run the entire length of the boundary between the two uses.
SECTION 4-0210. REGULATIONS FOR "I-1" DISTRICTS (LIGHT INDUSTRIAL DISTRICTS). In "I-1" Districts, the following regulations shall apply, except as otherwise provided herein:
(1) Intent. This district is intended to include lands suited by topography and other natural conditions for light industrial development, including light manufacturing, processing, storage, wholesaling, and distribution operations, and other processes and operations which do not require large numbers of workers; do not generate heavy truck traffic, do not emit significant amounts of noise, smoke, dust or glare; and do not require large volumes of public water or sewer. Limited commercial use is allowed in this district to serve the uses for which the district is primarily intended. Sewer, water, fire protection, and other essential services shall be provided either by public utilities or approved private means.
(2) Minimum Dimensional Requirements. The minimum area for Industrial Districts shall be 10 acres. Industrial Districts of less than 10 acres are allowed provided they abut another Industrial District and the combined acreage of the districts is 10 acres or more. Different Industrial Districts such as Light Industrial, Heavy Industrial, and Industrial Park Districts may abut each other; however, the districts and uses therein must remain separate.
(3) Permitted Principal Uses and Structures. The following uses shall be permitted:
(a) Small business machine sales, repair and service shops, auto supply stores, carpenter and cabinet shops, and household appliance repair shops.
(b) Furniture and home furnishing stores, hardware stores, household appliance stores, interior decorating shops.
(c) Plumbing shops, sheet metal shops, roofing shops, mini-storage buildings.
(d) Airports, railroads, essential public utilities, and public service installations.
(e) Animal hospitals or veterinary clinics.
(f) Radio or television transmitting stations, vocational or training schools.
(g) Underground oil and gas storage facilities, as approved by the City Engineer and Fire Chief.
(h) Storage of flammable liquids above grade, and wholesale, subject to Uniform Fire Code regulations.
(i) Storage of liquefied gases, subject to Uniform Fire Code regulations.
(j) Light manufacturing industries consisting of the processing and treatment of goods and foodstuffs, except alcohol or alcoholic beverages, fish, meat products, vinegar and yeast.
(k) Farm implement dealerships.
(l) Automobile, airplane and other assembly plants.
(m) Building material yards, contractor yards, and lumber yards.
(n) Other wholesale, light manufacturing, construction, or service uses which are similar in character to those enumerated above; and will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare; and will not impair the use, enjoyment, or value of any property. The area shall not be used as a junk yard, defined as "any area used for the storage, keeping or abandonment of junk, including scrap metals, or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof."
(4) Permitted Accessory Uses and Structures. Uses and structures which are customarily accessory and clearly incidental to permitted uses and structures shall be permitted, including solar energy systems
(5) Conditional Uses. The temporary storage of hazardous materials, subject to Uniform Fire Code, shall be considered as a conditional use.
(6) Special Permit Uses. None.
(7) Minimum Lot Requirements.
(a) Front yard - None, except for along any streets there shall be a front yard of not less than 25 feet.
(b) Side and rear yard - None.
(8) Minimum yard requirements. None.
(9) Maximum Lot Coverage by Buildings. None.
(10) Minimum Floor Area. None.
(11) Maximum Height of Buildings. The maximum height of any building shall be 100 feet.
(12) Sign Limitations.
(a) Freestanding signs may be erected not exceeding 45 feet in height as a permitted use and 100 feet in height as a conditional use. The sign face shall not exceed 1 square foot per 1 foot of street frontage where the sign is to be placed, up to a maximum of 75 square feet; but in any event, 32 square feet is permitted. The maximum total area of all sign faces shall be six times the maximum permitted size per sign face.
(b) Wall signs may be erected with a sign face not exceeding the larger of 20 percent of the facade to which it is attached or 60 square feet up to a maximum of 200 square feet. The sign shall not exceed above the top of the wall or facade to which it is attached.
(c) Projecting signs may be erected in place of freestanding signs and with a sign face of not more than 50 square feet. The maximum total area of all the sign faces shall be 100 square feet. The sign shall not extend above the top of the wall or facade to which it is attached.
(d) Roof signs may be erected in place of freestanding signs and not exceeding the district height restrictions or 20 feet above the top of the roof, whichever is less. The sign face shall not exceed 1 square foot per 1 foot of street frontage up to a maximum of 50 square feet; but in any event, 32 square feet is permitted. The maximum total area of all sign faces shall be two times the maximum permitted size per sign face.
(e) Marquee signs may be erected with sign faces up to an additional 100 percent in area beyond that permitted for freestanding signs, provided the sign faces of other signs which may be permitted are reduced. The increase in area permitted the marquee sign shall be equal to the reduction in area of other permitted signs.
(13) Off Street Parking Requirements. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.
(14) Other Requirements. A buffer zone is required where any Light Industrial District abuts a Residential District. Buffer zones shall be determined by the Planning & Zoning Commission shall be a maximum of 30 feet in depth from the property line of a lot zoned Residential or from a street right-of-way which separates the Light Industrial District from a Residential District. The buffer zone shall be used for tree plantings, hedges, walls, fences, or similar devices as required by the Planning & Zoning Commission, and grass shall be planted and maintained in all buffer zones.
SECTION 4-0211. REGULATIONS FOR “I-2” DISTRICTS (HEAVY INDUSTRIAL DISTRICTS). In “I-2” Districts the following regulations shall apply, except as otherwise provided herein:
(1) Uses permitted:
(a) Uses permitted in “I-1” districts, except multifamily dwellings.
(b) Grain elevators, mill and processing facilities.
(c) Manufacturing and food processing.
(d) Concrete mixing and manufacturing of concrete products.
(e) Foundries.
(f) Petroleum products storage facilities.
(g) Pelleting plants.
(h) Other industrial uses which are not objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or which impose hazard to health or property. Adult entertainment centers complying with subsection (6) of this section.
(i) Other industrial uses which are not objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or which impose hazard to health or property.
(2) Building Height Limits: None.
(3) Yard Requirements: All industrial uses shall be set back at a minimum of one hundred feet from any residential property line.
(4) Lot Requirements: None.
(5) Additional Requirements: A buffer zone is required where any Light Industrial District abuts a Residential District. Buffer zones shall be determined by the Planning & Zoning Commission shall be a maximum of 30 feet in depth from the property line of a lot zoned Residential or from a street right-of-way which separates the Light Industrial District from a Residential District. The buffer zone shall be used for tree plantings, hedges, walls, fences, or similar devices as required by the Planning & Zoning Commission, and grass shall be planted and maintained in all buffer zones.
(6) Adult Entertainment Centers. Adult Entertainment Centers, as herein defined, shall be permitted in “I-2” Districts provided that their location shall be limited according to the provisions of this subsection:
(a) Definitions:
1. Adult Bookstore: An enclosed building having as a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
2. Adult Cinema: An enclosed building used on a regular basis for presenting pictorial materials or other visual image by way of direct or indirect projection, which materials are distinguished or characterized by an emphasis on the depiction of specified sexual activities or specified anatomical areas, for observation by patrons therein in return for the payment of a consideration, irrespective of the number of patrons who may be able to view the presentation at one time.
3. Adult Entertainment Center.
a. An adult bookstore; or
b. An adult cinema; or,
c. An adult live performance theater.
4. Adult Live Performance Theater: An enclosed building used on regular basis for presenting live performances by singers, musicians, dancers, comedians, models, or any similar type of entertainers, which live performances are distinguished or characterized by an emphasis on the depiction of specified sexual activities or specified anatomical areas, for observation by patrons.
5. Specified Anatomical Areas:
a. Less than completely and opaquely covered:
(i) Human genitals, pubic region;
(ii) Buttocks;
(iii) Female breast below a point immediately above the top of the areola; and
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
6. Specified Sexual Activities:
a. Human genitals in a state of sexual stimulation or arousal.
b. Acts of human masturbation, sexual intercourse or sodomy;
c. Fondling of human genitals, pubic region, buttock or female breast.
(b) Location: Notwithstanding anything in this zoning ordinance to the contrary, an adult entertainment center shall be permitted in “I-2” Districts and in no other district, and then only if the adult entertainment center meets the following conditions:
1. The adult entertainment center is located no closer than 1250 feet from any pre-existing church, school, or property zoned “R-1”, “R- 2”, “R-3”, or “R-4”.
2. The center displays no signs visible from the exterior of the center, except for signs identifying the center as an adult entertainment center.
3. No materials depicting specified sexual activities or specified anatomical areas shall be visible from the exterior of the center.
4. The business premises of the center which are generally open to its patrons are open equally at the same time without charge to members of the city police force who may wish to enter thereon provided the entry is in the course of the discharge of the policeman’s duties.
SECTION 4-0212. REGULATIONS FOR "R-1E" DISTRICTS (RURAL ESTATE DISTRICTS).
(1) STATEMENT OF INTENT. This district is intended to provide low-density, limited-growth residential areas. It is designed to accommodate residential development opportunities for those who desire low-density or estate living and are willing to live in more remote locations such as in the City's extraterritorial jurisdiction, and to assume the costs of providing many of their own services and amenities. In some of these areas municipal services may never be provided because the City must concentrate its limited resources in areas where more intense future development is logical. The low densityallowed in this district is needed to preserve and support the existing public infrastructure. Other areas, however, may start as rural residential in character and later be annexed into the City, which requires forethought on the part of City and developer on lot and street layout to provide for further splitting of lots. The low densities permitted in this district generally permit on-site water supply and waste disposal systems, though in some cases soil conditions may require community type systems. This most likely would be done through the established rural water and sewer districts. Lots of ten (10) or more acres in size, though primarily intended for rural residential purposes, would be allowed under the agricultural district as a conditional use.
(2) MINIMUM DIMENSIONAL REQUIREMENTS. The minimum area for this district shall be ten (10) acres.
(3) PERMITTED USES.
(a) Single-family detached dwellings.
(b) Schools and churches.
(c) State-licensed group homes serving six (6) or fewer developmentally disabled persons.
(d) Publicly-owned and operated parks, playgrounds, and recreational facilities.
(e) Essential services and public buildings.
(f) Accessory buildings, provided that they shall be located as required in Chapter 4-03, Section 2 of this ordinance.
(g) Home occupations, provided they shall be operated as required in Chapter 4-03, Section 8 of this ordinance.
(4) CONDITIONALLY PERMITTED USES. The following uses may be permitted in the R-1E District subject to the conditions hereinafter imposed for each use and subject further to review and approval by the City Council.
(a) Child care facilities licensed by the State Department of Human Services.
(b) Private non-commercial recreational or cultural facilities, subject to the following conditions:
1. The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one property line abutting a major thoroughfare, either existing or proposed, and the site shall be so planned so as to provide all ingress and egress directly onto or from said major thoroughfare.
2. Front, side and rear yards shall be at least sixty (60) feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.
(c) Retirement, Nursing or Convalescent Homes: Not to exceed a height of two (2) stories, when the following conditions are met:
1. The site shall be so developed as to create a land-to-building ratio on the lot or parcel whereby for each one (1) bed in the convalescent home there shall be provided not less than one thousand five hundred (1,500) square feet of open space. The one thousand five hundred (1,500) square feet of land area per bed shall provide for landscape setting, off-street parking, service drives, loading space, yard requirements and space required for accessory uses. The one thousand five hundred (1,500) square feet requirement is over and above the building area.
2. No building shall be closer than forty (40) feet from any property line.
(d) Farm animals.
(e) Accessory buildings greater than 1,000 square feet.
(5) YARD REQUIREMENTS.
| One-Family | Accessory Buildings | Other Buildings | ||
| a. | Lot Area Minimum (sq ft) | 43,560 | ||
| b. | Lot Width Minimum (ft) | 120 | ||
| c. | Lot Depth Minimum (ft) | 200 | ||
| d. | Front Yard Minimum (ft) (1) | 30 | 30 | 30 |
| e. | Rear Yard Minimum (ft) | 30 | 30 | 30 |
| f. | Side Yard Minimum (ft) | 10 (2) | 10 (2) | 10 |
| g. | Maximum Lot Coverage (3) | 15% | ||
| h. | Maximum Height (ft) | 35 | 35 | (4) |
(1) Front yard setbacks from existing or future streets shall be sixty-five (65) feet from the centerline of the street for local streets, seventy (70) feet for collector or minor arterial streets and ninety (90) feet for primary arterial streets.
(2) On corner lots, a side yard facing a public way shall be a minimum of thirty (30) feet.
(3) For any main building and all accessory buildings.
(4) For any building over thirty-five (35) feet in height, required yards shall be increased by one (1) foot for every two (2) feet of building height over the limit.
(6) OTHER APPLICABLE REGULATIONS.
Chapter 4-03. Supplementary District Regulations
Any subdivision which is submitted shall have an accompanying area development plan showing how development could occur on each lot at a density suitable for a single-family residential district should the area ever be annexed into the City. Area Plan showing sewer and water system or septic tank/drainfield and well placement with approval by County Sanitarian.