Section
General Provisions
155.01 Purpose
155.02 Definitions
155.03 Official zoning map
155.04 Fire district limits
155.05 Application of regulations
155.06 Vacant buildings; repair, removal
155.07 Livestock, barns, and the like; prohibited
155.08 Water, sewer connection required; outside toilet prohibited
155.09 Non-conforming uses
155.10 Exceptions for “A” and “B” residence districts
155.11 Change in districts
155.12 Enforcements
155.13 Permits; certificates of occupancy
155.14 Accessory structures
Districts
155.25 Establishment of districts
155.26 Class “A” residence districts
155.27 Class “B” residence districts
155.28 Class “C” commercial districts
155.29 Class “I” industrial districts
155.30 Class “U” open agriculture
155.99 Penalty
Cross-reference:
Public Safety, see Ch. 33
Subdivision Regulations, see Ch. 154
GENERAL PROVISIONS
(A) The purpose of this chapter is to promote the health, safety, and general welfare of the town; to regulate and restrict the height, number of stories, and size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, land and structures for trade, industry, residence, or other purposes.
(B) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, welfare, and protection of the public.
(Prior Code, § 11-1-2) (Ord. passed 2-12-1991)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OF BUILDING. A use or building customarily incidental to, and accessory to, the principal and ordinary use of a building or premises, located on the same premises with such principal use or building.
ALLEY. A public way 20 feet in width which is not designed for general travel, which is used as a means of access to the rear of residences and business establishments, and affords only a secondary means of access to the property abutting along its length.
APARTMENT HOUSE. See DWELLING-MULTIPLE.
AUTOMOBILE STORAGE. The storage of new and used cars which are capable of immediate operation under their own power.
AUTOMOBILE TOURIST COURT. A group of two or more units used either for sleeping or housekeeping purposes, other than apartment courts, bungalow courts, hotels, or lodging houses, for temporary use of motorists and travelers. The term AUTOMOBILE TOURIST COURT shall also include, AUTOMOBILE COTTAGE CAMP, TOURIST CAMP, MOTEL, or any other name which pertains to such use.
BOARDING HOUSE. A building, other than a hotel or club, where meals are regularly served for compensation to more than six persons not members of the family there residing.
BOULEVARD. Portion of the platted street width that abuts and extends toward the property line.
BUILDING. A structure having a roof supported by walls, and when separated by a party wall without openings, it shall be deemed a separate BUILDING.
COMMUNITY GARAGE. A series of private garages of capacity of not more than one automobile each, located jointly on a common lot, and having no public shop or service in connection therewith.
DISTRICT. A section of the town for which the regulations governing the area, height and use of buildings and premises are the same.
DWELLING. A building, or portion thereof, designed for occupancy by one or more families.
DWELLING, MULTIPLE. A building, or portion thereof, designed for, or occupied as, the home of three or more families living independently of each other, including tenement houses, apartment houses, and apartment hotels.
DWELLING, ONE-FAMILY. A detached or semi-detached building designed for, or occupied exclusively by, one family living independently of each other.
DWELLING, TWO-FAMILY. A detached or semi-detached building designed for, or occupied exclusively by, two families living independently of each other.
DWELLING UNIT. A single building, or portion thereof, providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
FAMILY. One or more persons related by blood, adoption, or marriage, exclusive of household servants, living and cooking together as a single housekeeping unit.
FILLING STATIONS. A building and appurtenances located on a lot where gasoline and oil, and other liquids used in the operation of motor vehicles, are retailed and usually delivered directly into such vehicles.
FRONT LOT LINE. The line separating the lot from the street, as officially platted out on the town map.
FRONT YARD. An open space extending across the front of the lot from the front line of the building proper to the property line, and occupied only by uncovered steps and open porches.
GENERALLY. Words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular; the word “building” includes the word “structure”; the word “person” includes a corporation or other organization; the term “used” includes the terms “arranged” or “intended to be used”, or “designed”; the word “shall” is mandatory and not discretionary.
HARDSHIP. A condition immediately brought upon a property owner by a zone change, and not personal hardship growing out of owner’s infirmities or financial standing.
HEIGHT OF BUILDING. The vertical distance from the ground in front of the building to the highest point of the coping of a flat roof; to the deck line of a mansard roof; to the junction of the wall and eaves of a building with a gable or hip roof.
HOME OCCUPATION. A minor use of a home where there is no sign or display that will indicate from the exterior that the building is being used, in whole or in part, for any other purposes than of a dwelling; in connection with which there is kept no stock in trade or commodity sold upon the premises; and in which no person is employed other than a member of the family residing in the home.
HOTEL. A building in which lodging is provided with or without meals, and open to transient guests.
LODGING HOUSE. A building, other than a hotel, where lodging is provided for six or more persons not members of the family.
LOT. The land bounded by definite lines, and occupied by a building and its accessory buildings, and including the open spaces required under these regulations. It may, or may not, be a definite parcel as shown on the recorded plat.
LOT LINES. The lines bounding a lot as defined herein.
MOBILE HOME, MOBILE TRAILER, TRAILER. A structure, transportable in one or more sections, which is eight body feet or more in width, and is 32 feet or more in length, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
MOBILE HOME COURT. A parcel of land that has been planned and improved for the placement of one or more mobile homes on a tract of ground owned by person, companies, or corporations other than the owner of the mobile home placed thereon.
NON-CONFORMING USE. A use of a building or premises that does not conform with the regulations of the districts in which it is situated.
NURSERY. A building, or part of a building, where six or more children not members of the same family are cared for.
NURSING HOME. A building, or part of a building, where six or more sick or infirmed persons are cared for.
OPEN PORCH. Any porch with a roof but without walls or glassed windows.
PORCH. A covered entrance to a building, commonly enclosed in part, projecting out from the main wall and having a separate roof.
PRIVATE GARAGE. A garage with capacity of not more than four motor-driven vehicles, and having no public shop or service in connection therewith, and if it is attached to a dwelling it becomes a part of that residential building, and is an accessory use to that building.
REAR YARD. An open unoccupied space between the rear line of the building and the rear lot line, for the full width of the lot, and unoccupied except by accessory buildings. Measurements to the rear property lines for REAR YARDS will be made from the most protruding appurtenance.
SIDE YARD. An open, unoccupied space on the same lot as the building, between the building and the side line of the lot, and extending through from the front yard to the rear yard. Measurements to the side property lines for SIDE YARDS will be made from the most protruding appurtenance.
STREET. A public thoroughfare normally 66 feet in width which as been deeded to the public use and which affords principle means of access to abutting property.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, excepting such alterations as may be required for the safety of the building.
STRUCTURE. Any combination of materials so constructed or erected, which requires location on the ground, or attached to something having location on the ground, including, but not limited to, stadiums, platforms, radio towers, sheds, storage bins, fences, signs, and billboards.
(Prior Code, § 11-1-3) (Ord. passed 2-12-1991)
As shown by the official zoning map, the town is divided into five classes of districts. The boundaries of these districts are hereby established as shown on the official zoning map of the town, and said map and all notations, references, and other information shown thereon shall be, and are, hereby made a part of this chapter by reference. The official zoning map shall bear a certificate signed by the Mayor and properly attested by signature of the Town Clerk and date of adoption, and shall be and remain on file in the office of the Town Clerk in the Town Hall.
(Prior Code, § 11-1-5) (Ord. passed 2-12-1991)
The portion of the town within the following described boundaries, to wit: beginning at a point being the quarter corner for said Sections 9 and 10; thence along the east-west midsection line of said Section 10 N89°53'E, 2356.4 feet; to the westerly boundary of McCugh’s Addition to the Town of Circle according to the plat thereof; thence along said westerly boundary N27°45'30"E, 418.9 feet; and N62°14'30"W, 100.0 feet; and N27°45'30"E, 374.2 feet; to the north-south midsection line for said Section 10; thence N00°02'30"W, 1887.7 feet to the north quarter corner for said Section 10; thence along the north line of said Section 10 S89°56E, 1905.6 feet; thence S00°02"30"E, 1402.5 feet; thence S89°56'E, 743.0 feet to the east line of said Section 10; thence S00°04'W, 1224.7 feet to the east quarter corner for said Section 10; thence S00°04'W, 1315.6 feet to the south sixteenth (Sl/16) comer for Sections 10 and 11 of said Township and Range; thence along the south line of the northeast quarter of the southeast quarter (NE1/4SE1/4) of said Section 10 S89°45'W, 1321.4 feet; thence along the east line of the southwest quarter of the southeast quarter (SW1/4SE1/4) of said Section 10 S00°00'E, 990.0 feet; thence S89°45'W, 991.0 feet; thence S00°00'W, 330.0 feet to the south line of said Section 10; thence along said south line S89°45'E, 331.35 feet; thence S00°05'W, 1318.69 feet to the south line of the north half of the north half (N1/2N1/2) of said Section 15; thence along said south line S89°56'W, 1589.2 feet to the easterly boundary of the BNSF railroad right-of-way; thence along said right-of-way S27°45'30"W, 373.12 feet; thence S89°55'19"W, 870.08 feet to the southwest corner of Lot 2AP according to the amended plat of Wolff Minor Subdivision, Lots 2 and 3; thence along the west line of said Lot 2AP N00°01'41"W, 168.63 feet; and N30°14'54"E, 162.24 feet; and N17°22'20"E, 279.72 feet to the southwest corner of Hilstad Heights Subdivision Phase 2 according to the final plat thereof; thence along the westerly boundary of said Hilstad Heights Subdivision Phase 2 and the westerly boundary of Hilstad Heights Subdivision Phase 1 N10°11'14”E, 240.03 feet; and N17°20'26”W, 480.07 feet; and S72°38'26"W, 69.24 feet; and N00°27'42"W, 400.05 feet; to the south line of said Section 10; thence along said south line S89°49'W, 72.7 feet; thence N00°00'E, 382.2 feet; thence N89°52'E, 224.5 feet; thence S00°11 'W, 50.0 feet; thence S89°52'E, 75.2 feet; thence N00°01'W, 619.1 feet to the south boundary of the Kalberg Addition to the Town of Circle according to the plat thereof; thence along said south line N89°57'W, 367.3 feet; thence N89°47'W, 520.9 feet to the west line of said Section 10; thence N00°00'E, 276.5 feet to the southeast corner of the Schwartz Addition to the Town of Circle according to the Plat thereof; thence along the boundary of said Schwartz Addition N90°00'W, 491.0 feet and N00°00'E, 308.6 feet; and S90°00'E, 491.0 feet to the west line of said Section 10; thence N00°00'E, 1096.8 feet to the point of beginning; containing 481 acres, more or less.
(Prior Code, § 11-1-6) (Ord. 05-11-20-02, passed 6-8-2020)
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