New Page 1

ZONING PROPOSAL

At the Holdenville City Council Meeting the Zoning Committee, appointed by Mayor Jack Barrett, submitted their zoning recommendations to the City Council and asked that the council move by July 1st, 2007. The Mayor appointed another committee made up of Betty Wiseman, councilperson, Gene Holliman, Councilperson, Fayne Lindsey, Councilperson, Ken Chesnutt, City Attorney, Mike Dockrey, City Building Inspector, Ben Heath, Zoning Committee Member, Harry Charavelle, Zoning Committee Member. The committee is going to work together to workout differences, as well as take into consideration the input from Holdenville Citizens. The first meeting was held on April 30, 2007 at the Holdenville Civic Center and there was a good turn-out. The next meeting will be held on May 21, 2007, anyone interested in making a difference is encouraged to attend. The map and documents below is only a ROUGH DRAFT. As soon as new information becomes available, they will be posted here, which will include a new map with a legend. If you have any questions or comments feel free to E-mail me.

10-1-201 10-1-606

Chapter 1

ZONING REGULATIONS

Section: One Family Dwelling District

10-1-201: R-1 One Family Dwelling District

10-1-202: General Uses

10-1-203: Accessory and Conditional Uses

10-1-204: Area Regulations

10-1-205: Height Regulations

Section Two Family Dwelling District

10-1-301: R-2 Two Family Dwelling District

10-1-302: General Uses

10-1-303: Accessory Uses

10-1-304: Conditional Uses

10-1-305: Area Regulations

10-1-306: Height Regulations

Section Multiple Family Dwelling District

10-1-401: R-3 Multiple Family Dwelling District

10-1-402: General Uses

10-1-403: Accessory Uses

10-1-404: Conditional Uses

10-1-405: Area Regulations

10-1-406: Height Regulations

10-1-507: Townhouse Definition

10-1-508: Floor Area

10-1-509: Exception To Subdivision Code: Lot sizes

Section Neighborhood Commercial District

10-1-601: C-1 Neighborhood Commercial District

10-1-602: General Uses

10-1-603: Accessory Uses

10-1-604: Area Regulations

10-1-605: Height Regulations

10-1-606: Accessory Uses

10-1-701 10-1-1106

General Commercial District

10-1-701: C-2 General Commercial District

10-1-702: Accessory Uses

10-1-703: Area Regulations

10-1-704: Height Regulations

10-1-705: Accessory Uses

Commercial District

10-1-801: C-3 Commercial District

10-1-802: General Uses

10-1-803: Accessory Uses

10-1-804: Area Regulations

10-1-805: Signs

10-1-806: Accessory Uses

Highway Commercial District

10-1-901: H-C Highway Commercial District

10-1-902: General Uses

10-1-903: Accessory Uses

10-1-904: Special Exception Uses

10-1-905: Area Regulations

10-1-906: Height Regulations

10-1-907: Signs

10-1-908: Nonconforming Uses

Light Industrial District

10-1-1001: I-1 Light Industrial District

10-1-1002: General Uses

10-1-1003: Accessory Uses

10-1-1004: Area Regulations

10-1-1005: Signs

10-1-1006: Height Regulations

Restricted Light Industrial District

10-1-1101: I-2 Light Industrial District

10-1-1102: General Uses

10-1-1103: Accessory Uses

10-1-1104: Conditional Uses

10-1-1105: Area Regulations

10-1-1106: Signs

10-1-1107 10-1-202

10-1-1107: Height Regulations

Heavy Industrial District

10-1-1201: Heavy Industrial District

10-1-1202: General Uses

10-1-1203: Accessory Uses

10-1-1204: Conditional Uses

10-1-1205: Area Regulations

10-1-1206: Signs

10-1-1207: Height Regulations

Agricultural District

10-1-1301: A-1 Agricultural District

10-1-1302: General Uses

10-1-1303: Accessory Uses

10-1-1304: Conditional Uses

10-1-1305: Area Regulations

10-1-1306: Height Regulations

10-1-201 R-1 ONE-FAMILY DWELLING DISTRICT:

The characteristics of the R-1 district are a quiet, low density area for single family living, with related recreational, religious and educational facilities, protected from all commercial and industrial activity.

10-1-202 GENERAL USES:

The general uses in the R-1 district are:

Single family homes except no mobile homes. MFG. Housing with at least a 30 degree roof pitch that meets or exceeds Zone II, FEMA wind resistance standards is acceptable subject to tie-down approval by building inspector, which requires concrete beam and/or slab that meets code with proper anchoring;
Child care centers;
Public and parochial schools and colleges, not including industrial trade schools;
Public libraries;

10-1-202 10-1-204

Nurseries, greenhouses, truck gardens, provided that no products are sold retail and delivered on the premises;
Parks, playgrounds and open spaces;
Bulleting board or sign, not exceeding twenty (20) square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.

10-1-203 ACCESSORY AND CONDITIONAL USES:

A. The accessory uses in the R-1 district are other accessory uses that are incidental permitted uses, and not detrimental to the adjacent property or the character of the zone:

1. Guest house and employees’ quarters;

2. Private garages;

3. Barns; and

4. Sheds

C. The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in this chapter, or after the planning commission has approved the site plan;

1. Churches, subject to Constitutional limitations and applicable federal law.

2. Public buildings and uses of non industrial nature;

3. Cemetery;

4. Public open off-street parking lot, when necessary, for services of surrounding area;

5. Fire and police stations;

6. Utility substations; and

7. Golf courses, except miniature and commercial driving range.

8. Communication Towers, must be freestanding, not in excess of 100’ in height, subject to FCC Regulations;

10-1-204 AREA REGULATIONS:

Area regulations in the R-1 district are:

1. Front Yard. All buildings shall be set back from street right –of-way lines to comply with the following front yard requirements:

10-1-204 10-1-204

a. Minimum depth of front yard, twenty (20) feet;

b. When a yard has double frontage, the front yard requirements shall be provided on both streets;

c. If twenty-five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of no greater than twenty-five (25) feet, and building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than forty (40) feet;

2. Side Yard:

Minimum for one story dwellings, five (5) feet;
Minimum for more than one story dwellings, ten (10) feet;
Minimum for unattached building of accessory use, five (5) feet-
Minimum side yard on street side of corner lots, fifteen (15) feet;
Minimum setback from all exterior and interior side lot lines for churches and main and accessory buildings other than dwellings and buildings accessory to dwellings, thirty-five (35) feet;

3. Rear Yard. Minimum read yard except where an alley is platted, ten (10) feet:

4. Lot Width. Minimum lot width at building line, fifty (50) feet;

5. Intensity of Use:

Minimum lot area is five thousand (5,000) square feet;
Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the initial effective date of the ordinance codified herein, that lot may be used for any of the uses except churches permitted by this section;

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street areas required in this chapter;

Minimum space between unconnected buildings on the same lot is fifteen (15) feet;

6. Coverage. Main and accessory buildings shall not cover more than twenty five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard; and

7. Off-street Parking. Buildings shall be provided with a paved yard area adequate to meet the off-street parking requirements (minimum of two cars) set forth in this chapter.

10-1-205 10-1-304

10-1-205 HEIGHT REGULATIONS:

No building shall exceed two and one-half (2-1/2) stories or thirty five (35) feet in height except as provided in this chapter.

10-1-301 R-2 TWO-FAMILY DWELLING DISTRICT:

The characteristics of the R-2 district are quiet, slightly higher population density area for family living, with basic restrictions similar to the R-1 district, protected from all commercial and industrial activity.

10-1-302 GENERAL USES:

Property and buildings in an R-2 two family dwelling district shall be used only for the following purposes:

1. Any uses permitted in R-1 one family dwelling district;

2. Two-family homes; and

3. Home occupation as limited in this chapter. No mobile homes.

10-1-303 ACCESSORY USES:

Accessory uses in the R-2 district are other accessory used that are incidental to the permitted uses and not detrimental to the adjacent property or the character of the zone:

1. Guest houses and employees’ quarters; and

2. Private garages.

3. Communications Towers, must be free standing and not in excess of 100’ in height, subject to FCC Regulations.

10-1-304 CONDITIONAL USES:

The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in this chapter, or after the planning commission has approved the site plan:

1. All uses so limited for R-1 districts in this chapter;

2. Home for the ambulatory ages;

10-1-304 10-1-305

3. Convalescent home, rest home and nursing home, limited to housing of not more than five (5) persons in addition to the owner or manager and his family;

10-1-305 AREA REGULATIONS:

Area regulations in the R-2 district are:

1. Front Yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

a. Minimum depth of front yard is twenty-five (25) feet;

b. When a yard has double frontage, the front yard requirements shall be provided on both streets;

c. If twenty-five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of greater than twenty-five (25) feet and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than forty (40) feet;

2. Side Yard:

a. Minimum for one story dwellings located on interior lots is five (5) feet;

b. Minimum side yard for more than one story dwellings and garage apartments, except as hereinafter provided in this chapter is ten (10) feet;

c. Minimum for unattached buildings of accessory use is five (5) feet;

d. Minimum side yard on street side of corner lots is fifteen (15) feet;

e. Minimum setback from all exterior and interior side lot lines for churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings is thirty-five (35) feet;

3. Rear Yard. Minimum rear yard except where an alley is platted is ten (10) feet;

4. Lot Width. Minimum lot width at building line for one family dwellings is fifty (50) feet; two (2) family dwellings and garage apartments is sixty (60) feet;

5. Intensity of use:

a. Minimum lot area for each one family dwelling and accessory building is five thousand (5,000) square feet;

10-1-305 10-1-401

b. Minimum lot area for each two (2) family dwelling and accessory building is seven thousand (7,000) square feet;

c. A garage apartment located on the same lot with a one family dwelling shall have the same area requirements as two (2) family dwellings. In all other cases, a garage apartment shall be provided with the same lot area required by a one family dwelling;

d. Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the initial effective date of the ordinance codified herein, that lot may be used for any of the uses except churches permitted in the R-1 one family district;

e. For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in this chapter;

6. Coverage:

a. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area; and

b. Accessory buildings shall not cover more than twenty percent (20%) of the rear years;

7. Off-street Parking. Buildings shall be provided with a paved yard area adequate to meet the off-street parking requirements (minimum of two cars per unit) set forth in this chapter.

10-1-306 HEIGHT REGULATIONS:

No building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height, except as provided in this chapter.

10-1-401 R-3 MULTIPLE FAMILY DWELLING DISTRICT:

The characteristics of the R-3 district are a medium and high population density residential zone area consisting of single, duplex and multi-family dwellings along with limited home occupations and limited private and public community uses where lots are large enough for family living, but small enough to afford low development costs, economy of streets and utilities, and proximity to schools, churches and shopping.

10-1-402 10-1-404

10-1-402 GENERAL USES:

The following and all essentially uses are permitted in this zone:

1. Any use permitted in an R-2 two (2) family dwelling district;

2. Multiple family dwellings and apartment houses;

3. Boarding and rooming houses;

4. Dormitories;

5. Community centers; and

6. Clubs and lodges, no mobile homes, unless in a mobile home park pursuant to Title 9, Chapter 9, Section 1, et seq. of this code;

7. Town houses, which shall be approved as part of a planned unit development (PUD); “Townhouse” means one of a series of two (2) or more attached dwelling units, separated from one another by continuous, vertical party walls without openings from basement floor to the roof deck and tight against same or through the roof and which are intended to have ownership transferred in conjunction with a platted lot, except as provided in this chapter. A “Townhouse” shall be a planned unit development (PUD) as a multi-family facility with exceptions only due to multiple ownership;

8. Zero-lot community, in a planned unit development (PUD);

10-1-403 ACCESSORY USES:

Accessory uses in the R-3 district are other accessory uses that are incidental to the permitted use and not detrimental to the adjacent property or character of the zone:

1. Private garages; and

2. Parking lots for nonresidential uses. Must be paved.

10-1-404 CONDITIONAL USES:

The regulations set forth for conditional uses in this chapter shall apply in R-3 districts:

Institutions for children or the aged;
Medical facilities; and

10-1-404 10-1-405

3. Trailer courts, subject to the limitation that any such housing shall have been constructed within ten (10) years of being transported and permitted within the City Limits;

4. Communication towers, must be free standing and not in excess of 100’ in height, subject to FCC Regulations.

10-1-405 AREA REGULATIONS:

The area regulations in the R-3 district are:

1. Front Yard. All buildings shall be set back from street right-of-way lines to comply with the following front yare requirements:

a. Minimum depth of front yard is twenty-five (25) feet;

b. When a yard has double frontage, the front yard requirements shall be provided on both streets; and

c. If twenty-five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings; all of which are observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than forty (40) feet;

Side Yard:

a. Minimum for one story dwelling located on interior lot is five (5) feet;

b. Minimum for more than one story dwelling located on interior lot is ten (10) feet;

c. Minimum for unattached buildings of accessory use is five feet;

d. Minimum side yard on street side of corner lots is fifteen (15) feet;

e. Minimum setback from all exterior and interior side lot lines for churches and main and accessory building, other than dwellings and buildings accessory to dwellings is thirty-five (35) feet; and

f. Trailer courts shall be planned in such a manner that no trailer or related building shall be located closer than fifteen (15) feet to any side lot line;

Rear Yard. Minimum rear yard, except where an alley is platted, is ten (10) feet;
Lot Width. Minimum lot width at building line for one family dwellings is fifty (50) feet; and two-family dwellings and garage apartments is sixty (60) feet;

10-1-405 10-1-406

Intensity of use:

a. Minimum lot area for a one family dwelling is five thousand (5,000) square feet;

b. Minimum lot area for a two-family dwelling is seven thousand (7,000) square feet;

c. Minimum lot area for a multiple family dwelling is ten thousand (10,000) square feet; plus for each family of more than two (2) occupying a dwelling, two thousand (2,000) square feet; plus for each family of two (2) or less occupying a single bedroom dwelling, one thousand and two hundred fifty (1,250) square feet;

d. A garage apartment located on the same lot with a one family dwelling shall have a lot area of not less than seven thousand (7,000) square feet. When a garage apartment is located on the same lot with a two-family or multiple family dwelling, the lot area shall provide not less than two thousand (2,000) square feet more than is required for the two (2) family dwelling or multiple family dwelling;

e. Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the initial effective date of the ordinance codified herein, that lot may be used for any of the uses, except churches, permitted in the R-1 one family dwelling district; and

f. For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in this chapter.

Coverage. Main and accessory buildings shall not cover more than thirty-five percent (35%) of the lot area. Accessory buildings shall not cover more than thirty percent (30%) of the rear yard;
Off-street Parking. Buildings shall be provided with a paved yard area adequate to meet the off-street parking requirements (minimum of two cars per unit) as set forth in this chapter

10-1-406 HEIGHT REGULATIONS:

No building shall exceed three and one-half (3-1/2) stories or forty-five (45) feet in height, except as provided in this chapter.

10-1-507 10-1-602

10-1-507 TOWNHOUSE DEFINITION:

“Townhouse” means one of a series of two (2) or more attached dwelling units, separated from one another by continuous, vertical party walls without openings from basement floor to the roof deck and tight against same or through the roof and which are intended to have ownership transferred in conjunction with a platted lot, except as provided in this chapter.

10-1-508 FLOOR AREA:

“Floor area”, for a townhouse development, means the total area, in square feet, of floor space within the outside dimensions of a building, including each floor level, halls, stairways, basement, and covered exterior balconies, except as provided in this chapter.

10-1-509 EXCEPTION TO SUBDIVISION CODE; LOT SIZES:

A. Except for townhouse lots, every residential lot served by a public sewage system shall not be less than sixty (60) feet wide at the building line or less than seven-thousand (7,000) square feet in area or as provided by zoning code or other requirements of this code.

B. Except for townhouse lots, corner lots shall be at least seventy (70) feet wide at the building line to allow for side street building lines. Building lines may be less than twenty-five (25) feet when the average slope of the first fifty (50) feet of the lot is greater than twenty percent (20%).

10-1-601 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT:

The characteristics of the C-1 district are a use area for small shopping centers designed to serve surrounding residential neighborhoods. The stores in this area provide durable goods, personal services, convenience goods. More ample parking requirements and more stringent bulk regulations are designed to make use area harmonize with the residential districts which surround it.

10-1-602 GENERAL USES:

The following and all essentially similar uses are permitted in this zone:

Any use permitted in R-3 multiple family dwelling district;

Any conditional use set forth in R-3 multiple family dwelling district; and

Retail stores and shops supplying the regular and customary needs of the residents of the neighborhood and primarily for their convenience, as follows:

10-1-602 10-1-602

Antique shop;
Appliance store;
Art school, gallery, museum;
Artist materials, supply, studio;
Automobile service station;
Automobile parking lot, including used auto sales with twenty (20) or less autos for sale or parking.”
Baby shop;
Bakery store;
Bank;
Barber and beauty shop, tanning beds;
Book store;
Camera shop;
Catering establishment;
Clothing store;
Confectionery shop;
Delicatessen shop;
Mortuary;
Drug store;
Dry goods store;
Eating and drinking places;
Fitness center
Flower shop;
Furniture store;
Gift shop;
Grocery store or supermarket;
Hobby store;
Hotel;
Laundry, self service;
Laundry and dry cleaning (pick up stations);
Liquor store;
Meat and seafood market;
Messenger or telegraph service; cell phone stores;
Musical instrument sales;
Newsstand;
Offices;
Office supplies;
Optometrist sales and service;
Paint and decorating shop;
Parking lot(s)
Photographer’s studio;
Pharmacy;
Pressing and altering of clothes;
Postal services;
Produce store;
Radio, TV, Cell phone, Internet sales and service, Internet cafes;

10-1-602 10-1-604

Shoe repair shop;
Sporting goods sales;
Stationery store;
Tailor shop;
Tobacco store;
Toy store; and
Variety store.

Nameplate and sign relating only to the use of the store and premises or to products sold on the premises, as follows:

Flat single faced signs;
Directly lighted signs not over fifty (50) square feet in are; and
Sign panels not over one hundred (100) square feet in area for each fifty (50) feet of frontage.

Any building used for any of the above-enumerated uses may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use. No materials or goods offered for sale or stored in connection with uses enumerated above shall be displayed or stored outside of a building.

10-1-603 ACCESSORY USES:

Accessory uses in the C-a district are other accessory uses that are incidental to the permitted uses and not detrimental to the adjacent property or the character of the zone.

10-1-604 AREA REGULATIONS:

Any C-1 zone lot established, and anay structure erected on any C-1 zone lot after the initiala effective date of the ordinance codified herein, shall comply with the following bulk and area requirements. The area requirements for dwellings shall be the same as requirements of R-3 multiple family dwelling district.

1. Front yard. All buildings shall be set back from street right-of-way line to comply with the following front yard requirements:

a. Minimum depth of front yard where there is no parking permitted is twenty-five (25) feet;

b. Minimum depth of front yard where parking is provided between structure and property lines adjacent to streets is forty (40) feet;

2. Rear yard. Minimum rear yard where a commercial building is to be serviced from rear is thirty (30) feet;

3. Intensity of use. Minimum lot area for new structures erected after the initial effective date of the ordinance codified herein is seven thousand (7,000) square feet;

4. Coverage. Main and accessory buildings shall not cover more than sixty-five percent (65%) of the lot area; and

2-1-604 10-1-701

5. Off-street parking. Buildings shall be provided with a paved yard area adequate to meet the off-street parking requirements set forth in this chapter.

10-1-605 HEIGHT REGULATIONS:

No building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height except as hereinafter provided in this chapter.

10-1-606 ACCESSORY USES:

Communications towers.

10-1-701 C-2 GENERAL COMMERCIAL DISTRICT:

A. The following and all essentially similar uses are permitted in this zone:

Any use permitted in C-1 neighborhood commercial district;
Amusement enterprises;
New automobile sales and services, new machinery sales and services and public garages, provided no gasoline in stored above ground;
Used automobile and machinery sales, used automobile and machinery repairing if conducted wholly within a completely enclosed building, but not including automobile or machinery wrecking establishments or junkyards;
Advertising signs or structures;
Auto court or tourist court;
Ambulance service office or garage;
Boat sales;
Bowling alley;
Bus terminal;
Business machine store;
Carpenter and cabinet shop;
Cleaning and dyeing works;
Commercial school or hall;
Dance hall;

a. Dance hall;

b. Department store;

Drive-in theater or restaurant;
Electric transmission station;
Feed and fuel store;
Fire and police stations;
Frozen food locker;
Furniture repair and upholstery;
Funeral parlor or mortuary;
Gasoline and filling stations;
Golf courses, miniature or practice range;
Governmental office;
Heating, ventilating or plumbing supplies, sales and service;
Interior decorating store;
Ice storage locker plant or storage house for food;
Jewelry store;
Key shop;
Kennel/Groomers
Laboratories, testing and experimental;
Leather goods shop;
Library and reading rooms;
Mail order outlet;
Music and record shop;
Newspaper printing plant;
Nightclubs;
Nursery or garden supply store;
Parking garage;
Pawnshop;
Pet shop/Grooming
Printing and engraving plants;
Radio and television broadcasting stations;
Recreation center;

10-1-701 10-1-701

Research laboratory;
Roller skating rink;
Schools and colleges;
Sign painting shop;
Hospital for small animals;
Stock and bond broker;
Storage warehouse;
Telephone and telegraph office and exchange;
Theater;
Toy store;
Utility offices and exchanges;
Wholesale distributing center, and
Any other store or shop for retail or wholesale trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above;

The above-enumerated uses shall comply with the following provisions:

All open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level in an R residential or a C-1 commercial district when located to the side or rear of the lot on which such open storage or display occurs; provided, however, that screening shall not be required in excess of seven (7) feet in height. All planting shall be kept neatly trimmed and maintained good condition at all times. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the above screening requirements, be so screened by ornamental fences or evergreen planting or by permanent buildings so that it cannot be seen from public street;

All yards unoccupied with buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in good condition the year round;

All of the lots used for parking vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use;

10-1-701 10-1-705

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building;

Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width, exclusive of curb returns; and

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.

10-1-702 ACCESSORY USES:

Accessory uses in the C-2 district are other accessory uses that are incidental to the permitted uses and not detrimental to the adjacent property or the character of the zone.

10-1-703 AREA REGULATIONS:

Any C-2 zone lot established and any structure erected on any C-2 zone lot after the initial

effective date of the ordinance codified herein shall comply with the following bulk and area requirements:

The area regulations for dwellings shall be the same as the requirements of the R-3 multiple family dwelling district;

There are no specific front or side yard requirements for uses other than dwellings;

Rear Yard. When a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof adequate to provide off-street loading space. In all other cases, no rear yard is require; and

Off-street Parking. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements as set forth in this chapter.

10-1-704 HEIGHT REGULATIONS:

The height regulations for dwellings and accessory buildings for dwellings shall be the same as those of the R-3 multiple family dwelling district. For other uses no height restrictions are required.

10-1-705 ACCESSORY USES:

Communications towers.

10-1-801 10-1-802

10-1-801 C-3 COMMERCIAL DISTRICT:

The characteristics of the C-3 district are a zone for business that serves a city or regional trade, but which cannot command a location in the central business zone because of special clientele, need for parking or similar reasons.

10-1-802 GENERAL USES:

A. The following and all essentially similar uses are permitted in this zone:

All uses allowed in C-2 general commercial district;
Farm implement and machinery sales, new and used;
House trailer sales;
Metal and wood fencing, ornamental grillwork and decorative wrought iron work and playground equipment sales;
Monument sales;
Lumberyard;
New and used car and truck sales;
Prefabricated house sales;
Trailers for hauling, rental and sales;
Oil field or oil well supplies.

The above-enumerated uses shall comply with the following provisions:

All yards unoccupied with buildings or merchandise or used as traffic ways landscaped with grass and shrubs and maintained in good condition the year round;

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted with a completely enclosed building;

Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width, exclusive of curb returns; and

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.

10-1-803 10-1-902

10-1-803 ACCESSORY USES:

Accessory uses in the C-3 district are other accessory uses that are incidental to the permitted uses and not detrimental to the adjacent property or the character of the zone.

10-1-804 AREA REGULATIONS:

The area regulations for dwellings shall be the same as the requirements of the R-3 multiple family dwelling district;

There are no specific front or side yard requirements for uses other than dwellings.

Rear Yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof adequate to provide off-street loading. In all other cases, no rear yard is required.

Off-street Parking. Buildings shall be provided with a paved yard area adequate to meet the off-street parking requirements set forth in this chapter.

10-1-805 SIGNS:

Permitted signs are flat, single face signs; sign and sign panels not over four hundred eighty (480) square feet in area. Flashing signs are prohibited.

10-1-806 ACCESSORY USES:

1. Radio, Television and microwave communication towers

10-1-901 H-C HIGHWAY COMMERCIAL DISTRICT:

The characteristics of the H-C district are a use area for retail establishments which cater to the traveling public. Lot sizes, highway ingress and egress, setback requirements, and the design of the individual sites are intended to provide for motorists needs and yet maintain adequate, safe, attractive facilities with minimal marginal traffic interference.

10-1-902 GENERAL USES:

The following and all essentially similar uses are permitted in this zone:

Temporary lodging;
Eating establishments;
Gasoline stations, but no above ground storage of fuels;
Liquor stores, and other retail shops which cater primarily to resident traveling public;

10-1-902 10-1-905

Automotive repair if connected as an accessory to another use (gasoline station) and wholly within an enclosed building;

All driveways and parking lots shall be ample for the land use; they will be designed to keep marginal highway traffic interference to a minimum; and they will have a completely sealed surface. All products offered for sale will be inside a completely closed building or behind a permanent ornamental wall, fencing, or planting such that it cannot be seen by a person standing on ground level; provided, however, that no screening shall be required to be in excess of seven (7) feet in height.

10-1-903 ACCESSORY USES:

Accessory uses in the H-C district are other uses that are incidental to the permitted use and not detrimental to the adjacent property or the character of the zone. Residential, commercial, or industrial uses are not permitted in such unplatted areas unless specially excepted.

10-1-904 SPECIAL EXCEPTION USES:

1. A major truck stop which has a lot size of not less than five (5) acres and completely sealed driveways and parking lots and in the collective opinion of the planning commission is suitable located and sited with regard to adjacent uses, highway traffic interference, and is beneficial to the city may be, with written permission from the planning commission, located in an H-C district.

A major commercial retail outlet which has a lot size of not less than three (3) acres and completely sealed driveways and parking lots and completely sealed driveways and parking lots and in the collective opinion of the planning commission is suitable located and sited with regard to adjacent uses, highway traffic interference, and is beneficial to the city may be, with written permission from the planning commission, located in an H-C district.

10-1-905 AREA REGULATIONS:

Area regulations for dwellings shall be the same as for the R-1 residential requirements:

Front yard minimum set-back is forty (40) feet. The side yard set-back if abutting a street is the same as for the front yard;

The side yard set-back will be at least fifteen (15) feet. The rear yard setback with no alley easement will be ten (10) feet. If an alley is dedicated a zero lot line in the rear is allowed;

Buildings shall be provided with a yard area adequate to meet the off street parking requirements of this chapter;

10-1-905 10-1-1001

The minimum distance between buildings on the same lot is fifteen (15) feet;

A minimum one hundred-foot frontage is required on all lots;

Minimum lot size is ten thousand (10,000) square feet; and

Longer curb cuts, up to fifty (50) feet are allowed for gasoline stations after approval by the planning commission.

10-1-906 HEIGHT REGULATIONS:

No building shall exceed two and one-half (2-1/2) stories in height or twenty-five (25) feet except as provided in this chapter, unless it is set back from all lot lines an additional one foot for each two (2) feet that the building exceeds twenty-five (25) feet.

10-1-907 SIGNS:

Permitted signs are flat single face wall signs, ground signs, and roof signs; signs and sign panels shall not exceed four hundred (400) square feet in area. Flashing signs are prohibited.

10-1-908 NONCONFORMING USES:

Nonconforming uses include any use not before mentioned under general, accessory, or special exception uses. The planning commission shall have the authority to permit nonconforming uses in highway commercial districts under special written agreements between the city and the owner or occupier of the use. The agreements will detail existing and future use, site design, parking, building and set back requirements and highway ingress and egress. Nonconforming uses will only be permitted if it is determined that the use is beneficial to the community.

10-1-1001 I-1 LIGHT INDUSTRIAL DISTRICT:

1. The characteristics of the I-1 district are a use area of wholesaling storage, packaging, display, shipping, distribution and those retail uses that are accessory to the operations and for light manufacturing, assembling and fabrication.

2. The side yard set-back will be at least fifteen (15) feet. The rear yard setback with no alley easement will be ten (10) feet. If an alley is dedicated a zero lot line in the rear is allowed;

3. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements of this chapter;

4. The minimum distance between buildings on the same lot is fifteen (15) feet;

5. A minimum one hundred-foot frontage is required on all lots;

10-1-1001 10-1-1002