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§ 155.26 CLASS “A” RESIDENCE DISTRICTS.
   (A)   Uses. No building, structure, or premises shall be used, and no building or structure shall be erected, altered, or maintained, unless otherwise provided in this section, except for one or more of the following uses:
      (1)   One-family dwelling units to include manufactured factory assembled homes, equipped with service connections necessary to attach to town sewer and water.
         (a)   Motor homes, fifth wheel, and camper trailers are not allowed in Class “A” districts.
         (b)   Manufactured factory-assembled homes that are ten years old and less, and set up on a permanent foundation with no less than two anchors for each one quarter length of the trailer or home (to be classified as real property only). Permanent foundations are:
            1.   Poured concrete;
            2.   Poured concrete footings with wood frame coupled with uniform skirting; and/or
            3.   Basement.
      (2)   Churches, temples, and places of worship and parochial schools;
      (3)   Libraries;
      (4)   Public schools;
      (5)   Parks and playgrounds;
      (6)   Accessory buildings and uses incidental to the above uses and located on the same lot (not involving the conduct of a business) including a private garage:
         (a)   A garage can provide for one motor vehicle for each 1,500 square feet of total lot area; and
         (b)   No more than one commercial vehicle.
      (7)   Bulletin boards not exceeding 12 square feet in area may be permitted on premises occupied by churches, temples, schools, parks, and playgrounds.
      (8)   Uses otherwise permitted by law.
   (B)   Conditional uses. The following uses are permitted in the Class “A” residential district after a finding by the Board of Adjustment that their mode of conduct and location will not hinder the enjoyment and use of land and resources:
      (1)   Water reservoirs, water storage, water pumping stations, and sewer lift stations; and
      (2)   Electrical substations, provided that where transformers are exposed there shall be an enclosed, non-climbable sight-obscuring fence at least six feet high.
   (C)   Height of building. No building shall be erected in excess of 25 feet, or two stories, in height.
   (D)   Lot area per dwelling. Shall not be less than 7,000 square feet.
   (E)   Front yard.
      (1)   Not less than 25 feet from the property lot line.
      (2)   Not more than 35 feet from the property lot line.
      (3)   If the structure fronts on a side yard (not parallel to an alley), the front yard shall have a depth of not less than ten feet.
   (F)   Rear yard. There shall be a rear yard having a depth of not less 25 feet, except where a garage is attached to the dwelling and located in the rear yard, the rear yard may be reduced to ten feet.
      (1)   A garage with doors facing the alley must have a set back of 20 feet from the alley property lot line.
      (2)   A garage with doors perpendicular to the alley can be placed two feet from the alley property lot line.
   (G)   Side yard.  
      (1)   Every lot shall have two side yards of not less than six feet.
      (2)   If a lot has a structure over 18 feet in height, the side yard will be one-third the height of the building.
      (3)   A garage shall not be less than six feet from each side property lot lines.
   (H)   Automobile storage or off-street parking. A minimum of one automobile storage or off-street parking space shall be provided for each dwelling unit. Any required front or side yard shall not be included in such storage or parking area.
(Prior Code, § 11-18) (Ord. passed 12-12-2005; Ord. passed 5-11-2009)
§ 155.27 CLASS “B” RESIDENCE DISTRICTS.
   (A)   Uses. No building, structure, or premises shall be used, erected, altered, or maintained, unless otherwise provided in this section, except for one or more of the following uses:
      (1)   Any use permitted in Class “A” residence district subject to all the provisions therein;
      (2)   Multiple dwelling units, including lodging houses;
      (3)   House trailers and mobile homes will be permitted under the following restrictions:
         (a)   A person may place a trailer house or mobile home on a lot, provided that it is connected to the town sewer and water and commercial power systems; and
         (b)   Such permit will be valid for one unit only, to be identified by make, model, and serial number. If the owner replaces the trailer, a new permit will be required. The Site Inspector will be notified of any such change; however, residential provisions shall be applicable for accessory buildings and uses. If a mobile home is moved, or vacant for six months, the permit is expired.
      (4)   Hospitals and clinics;
      (5)   Nursing homes;
      (6)   Customary agricultural operations, including a garden, nursery, and greenhouse, subject to the following restrictions:
         (a)   No storage of manure or odor dust producing substance or use shall be permitted within 100 feet of any adjoining lot line; and
         (b)   No greenhouse heating plant shall be operated within 75 feet of any adjoining lot line.
      (7)   A filling station (retail only) may be established or erected in this district only along a primary highway, and shall not be operated as a repair or body shop; and
      (8)   Accessory buildings and uses incidental to the above uses and located on the same lot not involving the conduct of a business, including a garage.
   (B)   Height of building. No building shall exceed or be erected in excess of 40 feet, or three stories, in height.
   (C)   Lot area per family.
      (1)   Single-family dwelling: a lot area of not less than 5,000 square feet;
      (2)   Duplex: a lot area of not less than 5,000 square feet; and
      (3)   Each additional family unit must have an additional 1,000 square feet.
   (D)   Front yard.
      (1)   Not less than 20 feet from the property lot line;
      (2)   Not more than 30 feet from the property lot line; and
      (3)   If the structure fronts on a side yard (not parallel to an alley), the front yard shall have a depth of not less than ten feet.
   (E)   Rear yard. There shall be a rear yard having a depth of not less than 20 feet. Where the rear lot line coincides with an alley line, the depth shall not be less than one-half of the height of the building, and where the lot is occupied, other than a residential building, the depth of the rear yard need not exceed six feet.
      (1)   A garage with doors facing the alley must have a setback of 20 feet from the alley property lot line.
      (2)   A garage with doors perpendicular to the alley can be placed two feet from the alley property line.
   (F)   Side yard.
      (1)   Every lot shall have two side yards of not less than six feet.
      (2)   If a lot has a structure over 18 feet in height, the side yard will be one-third the height of the building.
      (3)   A garage shall not be less than six feet from each side property lot line.
   (G)   Automobile storage or off-street parking. Automobile storage, or off-street parking space, shall be provided on the lot or within 500 feet from the lot. Each parking space shall not be less than nine feet by 20 feet for each family unit of the first four dwelling units of a multiple dwelling. For every three dwelling units that exceed the first four units of a multiple dwelling, two parking spaces shall be provided, equal to the combined size of two parking spaces as provided above. No front yard shall be used for the open air storage or parking of any motor vehicle.
(Prior Code, § 11-1-9) (Ord. passed 12-12-2005; Ord. passed 5-11-2009)
§ 155.28 CLASS “C” COMMERCIAL DISTRICTS.
   (A)   Uses. No building, structure, or premises shall be used, erected, altered, or maintained, unless otherwise provided in this section, and in the event a public building complies with accessibility requirements of the Americans with Disabilities Act, except for one of the following uses:
      (1)   All the uses permitted in Class “A” and “B” residence districts, subject to all the provisions specified in such residence districts;
      (2)   Trailer and mobile home courts, provided that such courts shall be built and operated in accordance with the State Board of Health and Environmental Sciences rules and regulations, and shall be licensed by said Board; and
      (3)   Other uses permitted:
         (a)   Amusement places;
         (b)   Auction rooms;
         (c)   Automobile tourist courts or motels;
         (d)   Bakeries, employing not more than five persons;
         (e)   Banks;
         (f)   Barber shops;
         (g)   Battery service stations;
         (h)   Boarding houses;
         (i)   Catering establishments;
         (j)   Dancing academies;
         (k)   Dressmaking establishments;
         (l)   Dyeing and cleaning works, employing not more than five persons;
         (m)   Electric repair shops;
         (n)   Employment agencies;
         (o)   Freight stations;
         (p)   Gasoline and oil stations;
         (q)   Greenhouses;
         (r)   Hotels;
         (s)   Laboratories;
         (t)   Laundries not employing more than five persons;
         (u)   Locksmith shops;
         (v)   Lodge halls;
         (w)   Lumber supply houses and building supply stores;
         (x)   Millinery shops;
         (y)   Offices;
         (z)   Painting or decorating shops;
         (aa)   Pasteurizes and pasteurizing plants;
         (bb)   Photograph galleries;
         (cc)   Plumbing shops;
         (dd)   Post offices;
         (ee)   Printing shops;
         (ff)   Public garages;
         (gg)   Recreation buildings and structures;
         (hh)   Restaurants;
         (ii)   Roofing and plastering shops;
         (jj)   Sales or showrooms;
         (kk)   Sharpening or grinding shops;
         (ll)   Shoe repair shops;
         (mm)   Stores and shops for the conduct of retail business;
         (nn)   Studios;
         (oo)   Tailor shops not employing more than five persons;
         (pp)   Telephone exchanges;
         (qq)   Tin-smithing shops;
         (rr)   Tire repairing shops;
         (ss)   Undertaking establishments;
         (tt)   Used car sales lots; and
         (uu)   Laminating, fabricating, and assembling shops.
      (4)   Any other business which, in the opinion of the Town Council, is of the same general character as those listed above as permitted uses, and will not be detrimental to the district.
   (B)   Storage combustible mixtures. The storage of petroleum and other explosive, or combustible, mixtures shall be subject to conformance with related state law, local fire or safety codes, and regulations issued by the Fire Chief regulating storage of such products.
   (C)   Height of buildings. No building shall be erected in excess of 50 feet, or four stories, in height.
   (D)   Percentage of lot covered. No building, with its accessory buildings, to be used for said commercial purposes, shall occupy in excess of 90% of the area of the lot.
   (E)   Yard requirements. No front, rear, or side yards shall be required for commercial buildings, but for residential buildings the yard requirements for Class “B” residence district shall apply.
(Prior Code, § 11-1-10) (Ord. passed 12-12-2005)
§ 155.29 CLASS “I” INDUSTRIAL DISTRICTS.
   (A)   Uses. All buildings and premises, except as otherwise provided in this section, may be used for any use permitted in Class “C” commercial districts, or for any other use, except the following:
      (1)   Any use permitted in Class “A” except an electrical substation as provided in § 155.26(B)(2), and Class “B” residence districts; and
      (2)   All use of land, air, watercourses, buildings, and structures, or industrial processes, that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, or similar substances or conditions. Prohibited uses include, but not limited to:
         (a)   Acid manufacture;
         (b)   Distillation of bones, coal, or wood;
         (c)   Explosive manufacturing or storage;
         (d)   Fat rendering;
         (e)   Fertilizer manufacture;
         (f)   Garbage, offal, or dead animal reduction;
         (g)   Glue manufacture;
         (h)   Petroleum refining;
         (i)   Smelting of tin, copper, zinc, or iron ores; and
         (j)   Stockyards or slaughtering of animals.
   (B)   Use location regulations. No building permit or occupancy certificate shall be issued for any use permitted in Class “I” districts until, and unless, the location of such use shall have been approved by the Town Council; and, provided further, that the provisions of the present or hereafter adopted laws of the town regulating the location are complied with.
   (C)   Junk yard and the like. Junk yard or automobile wrecking yard, commercial scrap iron, or scrap paper operations must be enclosed within a solid fence, or by other means wholly concealed as approved by the Town Council.
   (D)   Height of buildings. Height restrictions must comply with federal aviation regulations.
   (E)   Percentage of lot covered. There shall be no restriction as to the portions of the lot that may or may not be occupied by buildings, accessory buildings, or structures.
   (F)   Yards. There shall be no restrictions or requirements as to front, rear, or side yards.
(Prior Code, § 11-1-11)
§ 155.30 CLASS “U” OPEN AGRICULTURE.
   All land within the town limits not otherwise zoned as residence districts, commercial district, or industrial district shall be classified as agriculture open space.
(Prior Code, § 11-1-12)
§ 155.99 PENALTY.
   Any person, firm, or corporation owning, controlling, or managing any building or premises wherein or whereon there shall be placed, or there exists, anything in violation of the provisions of this chpater, or who shall assist in the commission of any violation of these provisions, or builds contrary to the plans and specifications submitted to, and approved by, the Town Council, or who shall omit, neglect, or refuse to do any act required in these provisions, shall be deemed guilty of a misdemeanor and be subject to a fine not exceeding $500, or imprisonment not exceeding six months, or both. Each day that a violation is permitted to exist shall constitute a separate offense.
(Prior Code, § 11-1-23) (Ord. passed 12-12-2005)