§ 151.024 "R" SINGLE-FAMILY RESIDENTIAL DISTRICT.

   (A)   Permitted uses. The following uses and structures shall be permitted in the "R" Single-Family Residential District:

      (1)   Site-built single-family dwellings;

      (2)   Two-family dwellings;

      (3)   Modular homes;

      (4)   Type I manufactured homes (in a permitted manufactured home park);

      (5)   Public park and recreation areas including public swimming pools;

      (6)   Public and private schools;

      (7)   Public utilities and services required by the resident population; and

      (8)   Multiple-family dwellings including condominiums and townhouses, not to exceed eight units.

   (B)    Permitted accessory uses. The following accessory uses, and structures shall be permitted in the "R" Single-Family Residential District:

      (1)   Accessory uses and structures customarily incidental to permitted uses in accordance with § 151.061;

      (2)   Signs conforming to § 151.062; and

      (3)   Detached accessory structure with 16-foot sidewalls, provided written consent of all adjoining property owners is submitted with the application.

   (C)   Conditional uses. The following uses may be permitted by conditional use permit in the "R" Single-Family Residential District by the Board of Adjustment, subject to such requirements as the Board deems necessary to protect adjacent property, prevent objectionable or offensive conditions and promote the health, safety, and general welfare.

      (1)   Bed and breakfast establishments;

      (2)   Home occupations (See § 151.080);

      (3)   Hospitals, nursing homes, and homes for the aged. Any building approved for such use shall be set back not less than 50 feet from the street on which it fronts and shall have side and rear setbacks of not less than 30 feet and shall meet other requirements of this chapter;

      (4)   Licensed commercial daycare facilities and daycare homes caring for children, provided that such facilities shall provide not less than 25 square feet of floor area not including halls or bathrooms and outdoor recreation space for each child. In addition, such facilities shall supply at least one off-street parking space per six children cared for at the daycare home unless the Board of Adjustment approves some other suitable plan for the loading and unloading of children so as not to obstruct public streets or create other traffic or safety hazards;

      (5)   Religious institutions and/or cemeteries;

      (6)   Public and private golf courses including clubhouses, community center, and country club;

      (7)   Public buildings or facilities established and operated by a governmental agency;

      (8)   Public and private swimming pools;

      (9)   Utility substations;

      (10)   Museums;

      (11)   Licensed residential treatment or group home;

      (12)   Hospitals, convalescent and nursing homes, supervised care facilities and congregate housing;

      (13)   Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures;

      (14)   Private storage buildings used exclusively for storage and not for performance of any other services, provided siding consists of that customarily used for site-built single-family dwellings. See § 151.082;

      (15)   Personal services operated in a structure occupied as a single-family residence prior to October 9, 2024; and

      (16)   Contractor shop and yard in operation as of October 9, 2024.

   (D)   Prohibited uses. All uses and structures not specifically permitted by permitted use, special permitted use, or conditional use shall be prohibited in the "R" Single-Family Residential District."

Table 151.024.1

 

	Minimum lot area	Minimum lot width	Maximum height	Maximum percent lot coverage
Single-family residence	6,000 square feet	75 feet	24 feet	30%
Two dwelling units (DU)	6,000 square feet	85 feet	24 feet	30%
Three to four dwelling units	6,00 square feet (first DU); 1,000 square feet (each additional DU)*	75 feet*	24 feet	30%
Greater than four dwelling units	6,000 square feet (first DU); 1,000 square feet (each additional DU)*		24 feet	30%
Conditional uses	To be determined by the Board of Adjustment
*Maximum height for steeples and towers shall be 75 feet; anything over 45 feet requires a conditional use permit. Where individually owned, attached single-family units (i.e., condominium, townhouse, duplex, etc.) are constructed, minimum lot area, width, and coverage area are calculated on the basis of the lot upon which the shared structure is constructed.

 

Figure 151.024.1

Table 151.024.2

 

	Minimum front yard		Minimum rear yard	Minimum side yard
	Primary	Secondary
Permitted uses and two-family dwellings	25 feet	15 feet	25 feet	7 feet*
Three to eight-family dwellings	25 feet	15 feet	25 feet	5 feet*
Conditional uses	To be determined by the Board of Adjustment
*Upon subdivision into individual units, two-family dwellings will be allowed one “shared” wall (required yard = zero feet) provided all other yard requirements are met.

 

(Ord. 24-01, passed 9-5-2024)

§ 151.025 “C” COMMERCIAL DISTRICT.

   (A)   Permitted uses. The following uses and structures shall be permitted in the "C" Commercial District:

      (1)   Retail and wholesale sales;

      (2)   Finance, insurance and real estate services;

      (3)   Business services excluding any warehousing and storage services;

      (4)   Religious institutions, welfare and charitable services; business associations, professional membership organizations, labor unions, and similar labor organizations, and civic, social and fraternal associations;

      (5)   Eating establishments;

      (6)   Communication and utility uses;

      (7)   Public buildings and grounds;

      (8)   Service establishments;

      (9)   Professional, governmental and education services;

      (10)   Bar or tavern;

      (11)   Printing and publishing establishments;

      (12)   Offices;

      (13)   Parking lot and/or parking garages;

      (14)   Bed and breakfast;

      (15)   Hotels and motels;

      (16)   Theaters, bowling alleys, and pool halls;

      (17)   Fitness facilities, yoga studios, massage therapy; and

      (18)   Clinic.

   (B)   Permitted accessory uses. The following accessory uses, and structures shall be permitted in the "C" Commercial District.

      (1)   Accessory buildings and uses customarily incidental to permitted uses; and

      (2)   Signs conforming to § 151.062.

   (C)   Special permitted uses. None.

   (D)   Conditional uses. The Board of Adjustment, subject to such requirements, may permit the following uses as a conditional use in the "C" Commercial District as the Board deems necessary to protect and promote the health, safety, and general welfare:

      (1)   Apartments;

      (2)   Licensed daycare centers;

      (3)   On/off-sale liquor establishments;

      (4)   Lumberyards;

      (5)   Repair shops, gas and service stations;

      (6)   Car washes provided that their operative machinery is within an enclosed structure and adequate drainage is provided;

      (7)   Second floor apartments;

      (8)   Nursing home;

      (9)   Assisted living center;

      (10)   Group home;

      (11)   Laundromat;

      (12)   Public and private hospitals;

      (13)   Public and private business or trade schools;

      (14)   Wholesale business;

      (15)   Bus depot; and

      (16)   Vehicle sales.

   (E)   Prohibited uses. All uses and structures not specifically permitted by permitted use, special permitted use, or conditional use shall be prohibited in the "C" Commercial District.

   (F)   Area/construction regulations.

      (1)   Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Table 151.025.1

 

	Minimum lot area	Minimum lot width	Maximum height	Maximum percent lot coverage
Permitted uses	2,640 square feet	22 feet	24 feet	75%
Conditional uses	To be determined by the Board of Adjustment

 

Figure 151.025.1

Table 151.025.2

 

	Minimu m front yard		Minimum rear yard		Minimum side yard
	Frontage on Main Street	All other streets	Adjacent to Industrial, Agricultural, or Commercial Districts	Adjacent to and shared with Residential Districts	Adjacent to Industrial, Agricultural, or Commercial Districts	Adjacent to and shared with Residential Districts
Permitted uses	10 feet	20 feet	15 feet	25 feet	15 feet	25 feet
Conditional uses	To be determined by the Board of Adjustment

 

      (2)   All commercial buildings/structures shall be constructed on-site. Off-site constructed or moved-in structures may be allowed only as a conditional use.

      (3)   Screening. Where any use in the "C" Commercial District is adjacent to any Residential Zone, that use (building, parking, or storage) shall be appropriately screened from the Residential Use District by plantings or fencing, except where plantings and/or fencing may be in conflict with §§ 151.060 and 151.061.

      (4)   Block 4, Original Township, is exempt from the side yard requirement except when a structure abuts a residential district. A commercial building may be built to the lot line if after examination of the plans, it is determined there is an acceptable firewall and the building is being built next to another commercial building.

(Ord. 24-01, passed 9-5-2024)

§ 151.026 "HC" HIGHWAY COMMERCIAL DISTRICT.

   Highway Commercial is intended for land adjacent to Highway 240 south of Interstate 90 and the east/west frontage/service road located between Glenn Street and Stone Drive south of Interstate 90.

   (A)   Permitted uses. The following uses and structures shall be permitted in the "HC" Highway Commercial District:

      (1)   Horticulture and the raising of field crops;

      (2)   Vehicle service stations and vehicle repair not to include auto-body repair;

      (3)   Utility substations;

      (4)   Wholesale or retail sales and warehouse;

      (5)   Hotel, motel, conference/banquet hall;

      (6)   New and used vehicle, recreational vehicle sales and farm equipment and implement sales;

      (7)   Mortuaries and funeral homes;

      (8)   Truck or bus terminal;

      (9)   Offices and clinics;

      (10)   Eating or drinking establishment and bar/tavern;

      (11)   Electronic and appliance repair;

      (12)   Personal services;

      (13)   Car or truck wash, fuel station;

      (14)   Parking lot or parking garage;

      (15)   Hospital; and

      (16)   Religious institutions.

   (B)   Permitted accessory uses. The following accessory uses, and structures shall be permitted in the "HC" Highway Commercial District.

      (1)   Accessory buildings and uses customarily incidental to permitted uses; and

      (2)   Signs conforming to § 151.062.

   (C)   Special permitted uses. None.

   (D)   Conditional uses. The following uses may be permitted by conditional use permit in the "HC" Highway Commercial District by the Board of Adjustment subject to such requirements, as the Board deems necessary to protect and promote the health, safety, and general welfare.

      (1)   Assisted living, nursing, or convalescent home;

      (2)   Veterinary services and kennels;

      (3)   Light manufacturing;

      (4)   Public utility building and storage;

      (5)   Grain elevators and terminal;

      (6)   Bowling alley;

      (7)   Private and public recreational facilities;

      (8)   Butcher shop/meat locker;

      (9)   Private or commercial campground and recreation;

      (10)   Cannabis dispensary (See § 151.078);

      (11)   Contractor shop and yards;

      (12)   Communication towers or antenna over 45 feet in height;

      (13)   Public buildings or facilities erected or established and operated by any governmental agency;

      (14)   Propane distribution facility;

      (15)   Convenience stores;

      (16)   Filling/service stations; and

      (17)   Signs on an otherwise vacant lot. See § 151.062.

   (E)   Prohibited uses. All uses and structures not specifically permitted by permitted use, special permitted use, or conditional use shall be prohibited in the "HC" District.

   (F)   Area/construction regulations.

      (1)   Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Table 151.026.1

 

	Minimum lot area	Minimum lot width	Maximum height	Maximum percent lot coverage
Permitted uses	20,000 square feet	100 feet	24 feet	75%
Conditional uses	To be determined by the Board of Adjustment

 

Figure 151.026.1

Table 151.026.2

 

	Minimum front yard	Minimum rear yard		Minimum side yard
		Adjacent to Industrial, Agricultural, or Commercial Districts	Adjacent to and shared with Residential Districts	Adjacent to Industrial, Agricultural, or Commercial Districts	Adjacent to and shared with Residential Districts
Permitted uses	25 feet	20 feet	35 feet	10 feet	35 feet
Conditional uses	To be determined by the Board of Adjustment

 

      (2)   All commercial buildings/structures shall be constructed on-site. Off-site constructed or moved-in structures may be allowed only as a conditional use.

      (3)   Screening. Where any use in the "HC" Highway Commercial District is adjacent to any Residential Zone, that use (building, parking, or storage) shall be appropriately screened from the Residential Use District by plantings or fencing, except where plantings and/or fencing may be in conflict with § 151.060.

(Ord. 24-01, passed 9-5-2024)

§ 151.027 "I" INDUSTRIAL DISTRICT.

   (A)   Permitted uses. The following uses and structures shall be permitted in the Industrial District:

      (1)   Ag biotechnology businesses;

      (2)   Architectural firms;

      (3)   Horticulture and raising crops;

      (4)   Basic services and utilities;

      (5)   Farm implement dealer and machinery repair services;

      (6)   Freighting or trucking yards or terminals;

      (7)   Medical or dental laboratories;

      (8)   Precision ag technologies;

      (9)   Service and repair shops/garages;

      (10)   Truck, trailer, equipment, rentals;

      (11)   Value-added ag businesses;

      (12)   Warehouses;

      (13)   Motor freight terminals, fuel stations, garaging and equipment maintenance;

      (14)   Contractor shops and offices;

      (15)   Storage facilities, lumber yards, distributing stations and warehouses;

      (16)   Wholesale business;

      (17)   Research facilities;

      (18)   Light manufacturing. Light assembly work, machine shops doing assembling or shaping and light cutting and sampling with all phases of manufacture, assembly and storage of materials performed indoors;

      (19)   Woodworking shops or facilities;

      (20)   Public utility buildings and storage;

      (21)   Public highway/public works garages;

      (22)   Vehicle garages, repair shops;

      (23)   Vehicle, truck, and machinery sales;

      (24)   Welding shops;

      (25)   Uses operated by a governmental entity;

      (26)   Grain elevator;

      (27)   Wholesale distributing companies, all commodities, except live animals;

      (28)   Commercial communication towers and transmitters; and

      (29)   Auto and farm equipment service, storage, and/or body repair, not to include salvage operation.

   (B)   Permitted accessory uses. The following accessory uses and structures shall be permitted in the Industrial District:

      (1)   Buildings and structures customarily incidental to permitted uses; and

      (2)   Signs conforming to § 151.062.

   (C)   Special permitted uses. None.

   (D)   Conditional uses. The following uses may be permitted by conditional use permit in the Light Industrial District by the Board of Adjustment, subject to such requirements as the Board deems necessary to protect and promote the health, safety, and general welfare:

      (1)   Meat processing establishments (meat locker);

      (2)   Communication towers over 45 feet in height;

      (3)   Contractor yards;

      (4)   Auto and truck wash;

      (5)   Bulk fuel, oil, and other liquid storage;

      (6)   Grain and feed milling;

      (7)   Parking lots and garages;

      (8)   Signs on an otherwise vacant lot (see § 151.066);

      (9)   Caretaker/watchman's quarters in accordance with § 151.081;

      (10)   Cement, lime, gypsum, or plaster of Paris manufacture;

      (11)   Distillation, coal, or tar asphalt;

      (12)   Fertilizer manufacture from organic material;

      (13)   Glue or adhesive manufacture;

      (14)   Paper manufacture;

      (15 )   Petroleum or asphalt refining;

      (16 )   Petroleum products terminal;

      (17 )   Storage or processing of raw hides or furs;

      (18 )   Animal hospital, pet shops, kennels; and

      (19 )   Railroad facilities.

   (E)    Prohibited uses. All uses and structures not specifically permitted by permitted use, special permitted use, or conditional use shall be prohibited in the "ID" Industrial District.

   (F)    Area/construction regulations.

       (1)    Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Table 151.027.1

 

	Minimum lot area	Minimum lot width	Maximum height	Maximum percent lot coverage
Permitted uses	10,000 square feet	75 feet	24 feet	75%
Conditional uses	To be determined by the Board of Adjustment

 

Figure 151.027.1

Table 151.027.2

 

	Minimum front yard	Minimum rear yard		Minimum side yard
		Adjacent to Industrial, Agricultural, or Commercial Districts	Adjacent to and shared with Residential Districts	Adjacent to Industrial, Agricultural, or Commercial Districts	Adjacent to and shared with Residential Districts
Permitted uses	25 feet	25 feet	35 feet	10 feet	35 feet
Conditional uses	To be determined by the Board of Adjustment

 

      (2)   All commercial buildings/structures shall be constructed on-site. Off-site constructed or moved-in structures may be allowed only as a conditional use.

      (3)   Screening. All outdoor storage within 500 feet of a residential district must be completely enclosed in a building or by a solid walled fence at least two feet above the highest point of the stockpile which fence shall be maintained in safe and good repair.

   (G)   Performance standards for "I" Zone; purpose. The guiding of urban development to develop a compatible relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts; conditional and accessory uses shall conform to the following standards. These standards shall apply in the Industrial District.

      (1)   Noise. Any use established shall be so operated that no noise resulting from said use is perceptible beyond the boundaries of that plat line of the site on which such use is located. This standard shall not apply to incidental traffic, parking, loading, construction, or maintenance operations.

      (2)   Odor. The emission of odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond lot lines is prohibited.

      (3)   Air pollution. State emission standards shall be met by all possible sources of air pollution. In any case, there shall not be discharged from any sources whatsoever such quantities of air contaminants, smoke or detriment, nuisance or annoyance to any considerable number of persons or to the public in general to endanger the comfort, health or safety of any such considerable number of persons or have a natural tendency to cause injury or damage to business, vegetation or property.

      (4)   Smoke and particulate matter. Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public. For purpose of grading the density of the smoke, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. The emission of smoke shall not be a density greater than number 2 on the Ringelmann Chart.

      (5)   Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.

      (6)   Vibration. Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.

      (7)   Glare or heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from residentially zoned districts and public streets.

      (8)   Explosives. Any use requiring the storage utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any residentially zoned district line provided that this section shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes.

      (9)   Sewage and liquid wastes. No operation shall be carried on which involves the discharge into a sewer, watercourse, river or the ground of liquid wastes of any radio-active nature, or liquid wastes of chemical nature, which are detrimental to normal sewage plant operations or corrosive or damaging to sewer pipes and installations.

      (10)   Fire hazard. All flammable substances involved in any activity or use, shall be handled in conformance with the standard of the National Board of Fire Underwriters and any additional regulations that may from time to time be adopted by the City Council.

      (11)   Physical appearance. All operations shall be carried on within an enclosed building except new or operable equipment and waste materials stored in enclosed containers, not readily visible from the street, may be displayed or stored in the open.

(Ord. 24-01, passed 9-5-2024)

ADMINISTRATION

§ 151.040 GENERAL.

   (A)   Permits required.

      (1)   No building or other structure shall be erected, moved, or added to without a permit issued by the Administrative Official. No permit shall be issued by the Administrative Official except in conformity with the provisions of this chapter, unless a written order from the Board of Adjustment is issued in the form of an administrative review, conditional use permit, or variance as provided by this chapter.

      (2)   A permit shall be required whenever there is a structural change to any structure. See § 151.044(C) through § 151.044(F) for further information on when a permit is needed.

   (B)   Applications. All applications for permits shall be accompanied by a site plan drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of the lot and buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information necessary to determine conformity with and provide for the enforcement of this chapter as lawfully may be required by the Administrative Official.

   (C)   Issuance of permits. Permits issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction at variance with that which has been

authorized shall be deemed violation of this chapter, and punishable as provided by § 151.999.

   (D)   Fee schedule.

      (1)   The City Council shall by resolution establish a schedule of fees, charges, and expenses and a collection procedure for building/use permits, conditional use permits, variances, amendments, appeals, and other matters pertaining to this chapter. The schedule of fees may be altered or amended only by the City Council.

      (2)   The current fee schedule shall be available from the Administrative Official. All fees shall be the property of the city and shall be paid over to the City Finance Officer for credit to the general fund of the city, which under no condition shall be refunded. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

   (E)   Expiration of permits.

      (1)   If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be canceled by the Administrative Official. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new permit has been obtained. A building/use permit may be extended for a period of up to one year provided application is made prior to the expiration of said permit.

      (2)   Unless otherwise specified by the Board of Adjustment, any variance, conditional use permit, or other use permit shall expire if actual construction or occupancy of the land in accordance with the permit has not occurred within two years from the date of issuance of the applicable use permit or variance, or two years from the date of completion of any final appeal to said decision (whichever is later).

(Ord. 24-01, passed 9-5-2024)

§ 151.041 ADMINISTRATIVE OFFICIAL.

   (A)   Establishment and purpose. The position of Administrative Official is hereby established for the City of Wall. The Administrative Official shall be appointed by the Mayor subject to the approval of the City Council. Further, he or she may be provided with the assistance of such persons as the City Council may direct. The Administrative Official shall administer and assist City Council with enforcing this chapter. It is the intent of this chapter that questions of interpretation and enforcement shall be first presented to the Administrative Official and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Administrative Official and/or Planning Commission.

   (B)   Duties.

      (1)   The powers and duties of the Administrative Official shall be as follows:

         (a)   Review applications.

         (b)   Issue all building/use permits and make and maintain records thereof.

         (c)   Revoke any permit, which was unlawfully issued, or any permit wherein defective work has been performed, and when such work has not been corrected.

         (d)   Conduct inspections of buildings, structures, and the use of land to determine compliance with this chapter (with the assistance of the Public Works Department and/or City Engineer if necessary).

         (e)   Notify in writing persons responsible for violations, indicating the nature of the violation and ordering action necessary to correct.

         (f)   Order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions; alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

         (g)   Maintain permanent and current records of this regulation, including, but not limited to, all maps, amendments, variances, appeals, and applications.

         (h)   Provide public information relative to all matters arising out of this chapter.

         (i)   Forward to the Planning Commission all applications for amendments to this chapter.

         (j)   Forward to the Board of Adjustment, applications for appeals, variances, conditional uses, or other matters on which the Board of Adjustment is required to pass under this chapter.

         (k)   Initiate, direct, and review, from time to time, a study of the provisions of this chapter, and to make such reports available to the Planning Commission. The Administrative Official shall receive applications for building permits, conditional uses, variances, and zoning amendments.

      (2)   For building/use permits, the Administrative Official shall issue building/use permits only in accordance with the provisions of this chapter.

      (3)   For conditional uses and variances, the Administrative Official shall review the application, and shall provide a review of the application to the Board of Adjustment.

      (4)   For zoning amendments, the Administrative Official shall review the application, and shall

provide a review of the application to the Planning Commission to make a recommendation to City Council.

   (C)   Powers.

      (1)   If the Administrative Official shall find that any of the provisions of this chapter are being violated, he or she shall notify in writing the persons responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it.

      (2)   The Administrative Official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. 24-01, passed 9-5-2024)