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Within the R-3 One-Family Dwelling District, the regulations set forth in this section shall apply.
(A) Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any R-3 One-Family Dwelling District unless otherwise provided in this chapter, except for a use permitted in the R-2 One-Family Dwelling District; provided, every one-family detached dwelling shall have a minimum floor area of 1,200 square feet.
(B) Height. The same regulations shall apply as required or permitted in the R-2 One-Family Dwelling District.
(C) Lot size.
(1) Every building, except as otherwise provided herein hereafter, erected shall be on a lot having an area of not less than 7,200 square feet and a width at the established building line of not less than 60 feet, except as provided in § 155.005 of this chapter; and, provided further that, any building to contain any of the uses permitted in this district may be erected or constructed on a smaller lot of record.
(2) Churches and similar places of worship hereafter erected or structurally altered shall be on a lot having an area of not less than one-half acre and a width at the building line of not less than 85 feet.
(3) For public and private schools, the same regulations shall apply as required or permitted in the A-1 Agricultural District.
(D) Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement.
(1) Front yard. Each lot upon which a building is constructed shall have a front yard of not less than 30 feet. Where a lot has double frontage, the required front yard shall be provided on both streets.
(2) Side yard.
(a) Except as otherwise provided herein, on each lot upon which a building is constructed, there shall be a side yard on each side of not less than six feet or 10% of the width of the lot, whichever is larger, but it need not exceed eight feet. Corner lots shall meet the front yard requirements on the street side on which the building or structure to be erected or enlarged shall front, and a side yard requirement of not less than one-half the front yard requirement on the other street side.
(b) On lots upon which a church or similar place of worship is constructed or extension made to an existing church or similar place of worship, there shall be a side yard of not less than 15 feet of each side of the main structure.
(3) Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than 25 feet, or 20% of depth of lot, whichever is larger.
(E) Percentage of lot coverage. All buildings including accessory buildings shall not cover more than 30% of the area of the lot.
(1994 Code, § 155.042) (Ord. 200, passed 4-28-1969; Ord. 212, passed 8-31-1970; Ord. 234, passed 7-10-1972; Ord. 97-02, passed 6-9-1997)
Within the R-4 Multi-Family Dwelling District, the regulations set forth in this section shall apply.
(A) Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any R-4 Multi-Family Dwelling District unless otherwise provided in this chapter, except for the following uses:
(1) Any use permitted in the R-2 One-Family Dwelling District provided every one-family detached dwelling shall have a minimum floor area of 1,100 square feet;
(2) Two-family dwellings;
(3) Multiple dwellings not to exceed more than four dwelling units or apartments per 18,000 square feet in a block. A
BLOCK for the purpose of establishing the density of multiple dwellings shall be a tract or parcel of land platted or otherwise surveyed, and enclosed within the four nearest intersecting streets, or otherwise bounded by a public park, cemetery, railroad right-of-way or a corporate boundary line of the city. Alleys shall not be considered boundaries for the purpose of determining the area of a block hereunder;
(4) Boarding house; and
(5) Manufactured homes (Type A).
(B) Height. The same regulations shall apply as required or permitted in the R-2 One-Family Dwelling District.
(C) Lot size.
(1) One-family dwelling. Every one-family dwelling except as otherwise provided hereinafter erected shall be on a lot having an areas of not less than 7,200 square feet, and a width at the established building line of not less than 60 feet, except as provided in § 155.005 of this chapter; and, provided further that, any one-family dwelling permitted in this district may be erected or constructed on a smaller lot of record.
(2) Two-family dwellings. Every two-family dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than 7,200 square feet or 3,600 square feet per dwelling unit, and a width at the building line of not less than 60 feet, except as provided in § 155.005 of this chapter.
(3) Multiple-family dwellings and row houses. Every building hereafter erected or structurally altered as a multi-family dwelling shall provide a lot area per dwelling unit of not less than 1,350 square feet and a width at the building line of not less than 50 feet, except as provided in subsequent sections of this chapter.
(4) Two- and multi-family dwellings. Where a lot of record has less area or width than herein required for two-family dwellings, multi-family dwellings, the lot may be used only for one-family dwelling purposes or for any of the other non-dwelling uses permitted by this section.
(5) Churches, places of worship. Churches and similar places of worship hereafter erected or structurally altered shall be on a lot having an area of not less than one-half acre and a width at the building line of not less than 85 feet.
(6) Public, private schools. Public and private schools the same regulations shall apply as required or permitted in the A-1 Agricultural District.
(D) Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement.
(1) Front yard. Each lot upon which a building is constructed shall have a front yard of not less than 30 feet. Where a lot has double frontage, the required front yard shall be provided on both streets.
(2) Side yard.
(a) Except as otherwise provided herein, on each lot upon which a building is constructed, there shall be a side yard on each lot of not less than six feet, or 10% of the width of the lot, whichever is larger, but it need not exceed eight feet. Corner lots shall meet the front yard requirements on the street side on which the building or structure to be erected or enlarged shall front, and a side yard requirement of not less than one-half the front yard requirement on the street side.
(b) On lots upon which a church or similar place of worship is constructed or extension made to an existing church or similar place of worship, there shall be a side yard of not less than 15 feet on each side of the main structure.
(3) Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than 25 feet, or 20% of the depth of the lot, whichever is smaller.
(E) Percentage of lot coverage. All buildings including accessory buildings shall not cover more than 40% of the lot.
(1994 Code, § 155.043) (Ord. 200, passed 4-28-1969; Ord. 212, passed 8-31-1970; Ord. 234, passed 7-10-1972; Ord. 380, passed 12-15-1988; Ord. 399, passed 4-22-1991; Ord. 97-02, passed 6-9-1997; Ord. 99-09, passed 11-22-1999; Ord. 15-08, passed 8-10-2015)
Within the R-5 Multi-Family Dwelling District, the regulations set forth in this section shall apply.
(A) Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any R-5 Multi-Family Dwelling District unless otherwise provided in this chapter, except for the following uses:
(1) Any use permitted in the R-4 Multi-Family Dwelling District; provided, every one-family detached dwelling shall have a minimum floor area of 1,000 square feet;
(2) Mobile homes as defined herein; provided:
(a) The mobile home is owned by the owner of the real estate upon which the same is to be located;
(b) The mobile home is placed on a permanent foundation of concrete, mortared concrete block, mortared brick or upon piers extending into the ground below the frost line (the frost line within the city is hereby determined to be 30 inches);
(c) All wheels, tongue and hitch are removed and the mobile home is skirted with a fire-resistant material; and
(d) The mobile home is secured with an over the top tie-down and anchors capable of withstanding a vertical tension force of 4,800 pounds or as otherwise necessary for protection against high winds.
(3) Manufactured homes (Type B) as defined herein; provided:
(a) Such dwelling is owned by the owner of the real estate upon which the same is located;
(b) The Type B manufactured home is placed on a permanent foundation of concrete, mortared concrete block, mortared brick or upon piers, extending into the ground below the frost line (the frost line within the city is hereby determined to be 30 inches);
(c) All wheels and hitches are removed and the home is skirted with a fire-resistant material; and
(d) The home is secured with an over the top tie-down and anchors capable of withstanding a vertical tension force of 4,800 pounds or as otherwise necessary for protection against high winds.
(B) Height. The same regulations shall apply as required or permitted in the R-4 Multi-Family Dwelling District.
(C) Lot size. The same regulations shall apply as required or permitted in the R-4 Multi-Family Dwelling District; provided, mobile homes shall be on a lot having an area of not less than 7,200 square feet and a width at the established building line of not less than 60 feet, except as provided in § 155.005 of this chapter; and, provided further that, any mobile home permitted in this district may be erected or located on a smaller lot of record.
(D) Yard areas. The same regulations shall apply as required or permitted in the R-4 Multi-Family Dwelling District.
(E) Percentage of lot coverage. All buildings and mobile homes, including accessory buildings, shall not cover more than 40% of the lot.
(1994 Code, § 155.044) (Ord. 200, passed 4-28-1969; Ord. 322, passed 11-8-1982; Ord. 411, passed 11-12-1991; Ord. 97-02, passed 6-9-1997; Ord. 99-09, passed 11-22-1999; Ord. 15-08, passed 8-10-2015)
Incidental sales, as defined in § 155.004, may be held on property zoned residential subject to the following limitations:
(A) No more than four incidental sales may held at the same real property by the sale occupant within the same calendar year; however, if a new resident moves into that property after four sales have already been held, that new resident is entitled to hold one additional sale that year. The city-wide yard sales held in the spring and fall each year sponsored by the city are exempt from this provision and shall not count towards the annual limit.
(B) No incidental sale shall continue for more than 72 hours from beginning to end, regardless of how many hours the personal property may be viewed and when transactions actually occur within that time period.
(C) No public way, including sidewalks, shall be obstructed by an incidental sale, nor shall any yard sale signage be placed on public property (specifically include utility poles and street signs) or in such a way as to dangerously obstruct the visibility of passing vehicle or pedestrian traffic.
(D) Incidental sales shall only be conducted between the hours of 7:00 a.m. and 7:00 p.m.
(E) An incidental sale, as permitted by this section, does not modify applicable parking regulations set forth elsewhere in this code.
(F) The sale of any hazardous or controlled substance, or other personal property the sale of which is limited, regulated, or forbidden by state or federal law, must comply with all applicable statues; failure to do so will result in the entire incidental sale being prohibited under this section.
(Ord. 2024-01, passed 1-22-2024)
BUSINESS DISTRICTS REGULATIONS
Within the B-1 Central Business District, the regulations set forth in this section shall apply.
(A) Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any B-1 Central Business District unless otherwise provided in this chapter, except for the following uses:
(1) Any use permitted in R-2 One-Family Dwelling District, except one-family dwellings;
(2) Apartment houses or one-family dwelling units located on the second floor of any two-story building;
(3) Amusement establishments: bowling alleys, dance halls and other places of recreation when conducted wholly within a completely enclosed building;
(4) Art, book, school supply, stationery stores and newsstands;
(5) Automobile display, sales and service; auto accessory store; used car lots; battery and tire stores;
(6) Bakery shop, including the baking and processing of food products when prepared for retail use on the premises only;
(7) Barbershop, beauty parlor, massage or similar personal service shops;
(8) Banks, financial institutions, savings and loan associations;
(9) Bus passenger terminal;
(10) Camera and photographic supply shops for retail sales, photography studio, art gallery or studio, including the developing of film and pictures when conducted as part of the retail business on the premises;
(11) Clubs and fraternal organizations, catering establishments;
(12) Drugstores, candy and ice cream store;
(13) Department stores, gift shops, dry good store, haberdashery, shoe stores, variety stores and wearing apparel stores;
(14) Dyeing and dry-cleaning and pressing establishments, when employing facilities for the cleaning and pressing of dry goods, and when using carbon tetrachloride, perchloroethylene or other similar non-flammable solvents approved by the Fire Department;
(15) Electrical appliance store and repair, but not including appliance assembly or manufacturing;
(16) Farm implement display and sales room, feed and seed store;
(17) Florist shop and conservatory for retail trade on premises only;
(18) Food and fruit stores; meat markets;
(19) Frozen food lockers;
(20) Funeral homes and mortuaries;
(21) Furniture store and interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as part of the retail operations and secondary to the main use;
(22) Launderette, laundromat or similar self-service laundry or self-service dry-cleaning establishments;
(23) Hardware stores and plumbing showrooms without shop;
(24) Hobby stores and sporting goods store;
(25) Hotels, including dining and meeting rooms;
(26) Household appliance store and repair shops;
(27) Jewelry and leather goods store, and watch repair;
(28) Liquor store, package goods only;
(29) Medical clinics and laboratories;
(30) Messenger or telegraph service station;
(31) Newspaper publishing and general offices;
(32) Offices, business and professional, insurance, real estate, office equipment sales and service, blueprinting and photostating establishments;
(33) Off-street parking facilities in an open lot or a covered building;
(34) Paint and wallpaper store;
(35) Printing shops not employing more than five persons;
(36) Post office;
(37) Public utility collection offices; telephone business office and telephone exchange building;
(38) Restaurant, tea room, café when establishment is not of the drive-in type where food is served to occupants remaining in a motor vehicle;
(39) Service stations, public garages and other motor vehicle services provided no major repair work is performed out of doors; provided, all pumps, underground storage tanks, lubricating and other devices are located at least 20 feet from any street right-of-way; provided, all fuel, oil or similar substances are stored inside or underground; and, provided, all automobile parts, dismantled vehicles and similar articles are stored within a building;
(40) Signs advertising merchandise or services;
(41) Taverns subject to local municipal ordinances and other applicable county ordinances and state laws;
(42) Tailor shops, custom dressmaking, millinery or shoe repair when conducted for retail sales on the premises only;
(43) Theaters, indoor;
(44) Any accessory use or building customarily incidental to the above permitted uses and as regulated by subsequent sections of this chapter; and
(45) Any other similar type retail stores not specifically permitted herein when authorized by the Board of Appeals.
(B) Height of building. The height of all buildings or structures shall be no more than five stories or 55 feet in height.
(C) Yard areas. No building or structure shall be constructed or enlarged unless the following yards are provided and maintained in connection with the building.
(1) Front yard.
(a) No front yard shall be required when all frontage between two intersecting streets lies within this district.
(b) However, when lots within this district are adjacent to and adjoining lots in an R district, all of which front upon the same street between two intersecting streets, there shall be established the same front yard setback for all of the frontage as has been established in the abutting R district.
(c) Exception: when existing buildings located in this district have already established a building line at the street line at a depth less than required above, then all new buildings may conform to the same building line, except for the first 50 feet of the B-1 District frontage adjacent to the R district, whereupon there shall be provided a front setback of not less than ten feet.
(2) Side yard. No side yard is required except for a corner lot which abuts upon an R district. There shall then be provided a side yard equal to one-half the front yard required in the abutting R district, but in no case less than ten feet. The same setback shall apply also if business buildings front the intersecting street, commonly referred to as the side streets.
(3) Rear yard. There shall be a rear yard of not less than 20 feet; provided, however, that, not more than one, one-story accessory building may be relocated thereon, except for the five feet adjacent and parallel to the rear lot line for the following uses:
(a) Storage of motor vehicles;
(c) Storage of equipment or merchandise normally carried in stock on the same lot with any retail service or business use.
(1994 Code, § 155.055) (Ord. 200, passed 4-28-1969; Ord. 234, passed 7-10-1972; Ord. 01-01, passed 1-22-2001; Ord. 05-02, passed 1-24-2005; Ord. 14-04, passed 5-12-2014)
Within the B-2 Highway Business District, the regulations set forth in this section shall apply.
(A) Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any B-2 Highway Business District unless otherwise provided in this chapter, except for the following uses:
(1) Any use permitted in the B-1 Business District, except one-family dwelling units;
(2) Automobile repair, major sales and service shops, including automobile body repair and rebuilding, and painting of automobiles;
(3) Automobile washing, including the use of mechanical conveyors, blowers and steam cleaning;
(4) Beverage, non-alcoholic, bottling and distributing;
(5) Bicycle and motorcycle sales, repair and rental;
(6) Boat showroom;
(7) Kennel;
(8) Licensed gambling establishment;
(9) Motel;
(10) Pet shop or animal hospital when conducted wholly within an enclosed building;
(11) Plumbing, heating and air conditioning, sheet metal and roofing supply shops when conducted wholly within a building;
(12) Recreation places, including bowling alley, dance halls, gymnasium, skating rink, archery range, miniature golf course or other similar places of amusement or entertainment when operated for pecuniary profit;
(13) Restaurant, non-drive-in, drive-in car service;
(14) Trailer sales or rental (house trailers) on an open lot or within a building;
(15) Any other similar type retail stores not specifically permitted herein when authorized by the Board of Appeals;
(16) All activities, except for automobile off-street parking facilities and service stations as permitted or required in this B-2 District, shall be conducted wholly within an enclosed building; and
(17) Any accessory use or building customarily incidental to the above permitted uses and as regulated by subsequent sections of this chapter.
(B) Height. No building or structure shall exceed five stories or 55 feet in height, except as provided in § 155.005 of this chapter.
(C) Lot size. Every building hereafter erected, shall be on a lot having an area of not less than 9,600 square feet and a width at the established building line of not less than 80 feet, except as provided in subsequent sections of this chapter.
(D) Yard areas. No building or structure shall be constructed or enlarged unless the following yards are provided and maintained in connection with the building.
(1) Front yard.
(a) Each lot upon which a building is constructed shall have a front yard of not less than 75 feet along all federal and state rights-of-way; along all others 50 feet.
(b) The required front yard shall be computed by measurement from the centerline of the federal, state street or other thoroughfare upon which the lot fronts.
(2) Side yard.
(a) No side yard is required, except for a lot which abuts upon an R district, or upon an alley separating this district from an R district.
(b) There shall then be provided a side yard equal to one-half the front yard required in the abutting R district, but in no case less than 25 feet.
(3) Rear yard. There shall be a rear yard of not less than 25 feet; provided, however, that, not more than one, one-story accessory building may be relocated thereon, except for the five feet adjacent and parallel to the rear lot line for the following uses:
(a) Storage of motor vehicles;
(c) Storage of equipment or merchandise normally carried in stock on the same lot with any retail service or business use.
(E) Buffer area. On lots abutting an R district, there shall be provided a privacy fence not less than six feet in height extending the length of the lot adjoining the R district constructed of sufficient materials so as to provide an adequate screening of the commercial activity from the abutting R district.
(F) Off-street parking and loading facilities. Off-street parking and loading facilities shall be provided as required in § 155.125 of this chapter.
(1994 Code, § 155.056) (Ord. 200, passed 4-28-1969; Ord. 212, passed 8-31-1970; Ord. 234, passed 7-10-1972; Ord. 399, passed 4-22-1991; Ord. 2001-01, passed 1-22-2001; Ord. 22-01, passed 2-28-2022)
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