Chapter 405 – Zoning Code

Chapter 405

ZONING CODE

Cross Reference — As to additional building provisions concerning mobile homes, ch. 415.

ARTICLE I

General Provisions

Section 405.010. Title. [Ord. No. 1997-308 §II Art. I(1), 1-6-1998]

This Chapter shall be known and may be cited as “The City of Goodman, Missouri, Zoning

Code”.

Section 405.020. Purpose. [Ord. No. 1997-308 §II Art. I(2), 1-6-1998]

In order to promote the health, safety, morals, comfort and general welfare; to conserve and

protect property and property values; to secure proper use of land; to facilitate adequate and

economical public improvements and services; and to lessen or avoid congestion on the public

streets; the following regulations and zones are imposed on the City of Goodman, Missouri.

Section 405.030. Definitions. [Ord. No. 1997-308 §II Art. I(3), 1-6-1998; Ord. No. 2014-458 §1,

7-15-2014]

For the purposes of this Chapter, certain terms and words are hereby defined as follows:

The words “used for” includes “designed for” and vice versa; words used in the present tense

include the future; words in the singular number include the plural number and vice versa; the

word “building” includes the word “structure”; the word “dwelling” includes the word

“residence” and the word “lot” includes the word “plot”.

ACCESSORY BUILDING — A building customarily incidental and subordinate to the main

building and located on the same lot with the main building.

ACCESSORY USE — A use incidental to the principal use of a building. In buildings restricted

for residential use, an office used for family occupations and workshops not conducted for

compensation shall be deemed accessory uses.

AGRICULTURAL USE — The growing of crops in the open and the raising of such stock and

poultry as are incidental to the acreage farmed; provided, however, that such land shall consist of

at least ten (10) acres in one (1) parcel or in contiguous parcels under common ownership or

operation. The feeding or disposal of community or collected garbage shall not be deemed an

agricultural use, nor shall the raising of fur-bearing animals, riding academies, livery or breeding

stables or dog kennels be so considered.

ALTERATIONS — As applied to a building or structure, a change or rearrangement in the

structural parts or in the existing facilities, or an enlargement whether by extending on a side or

by increasing in height, or the moving from one location or position to another.

APARTMENT HOUSE — A building arranged, intended or designed to be occupied by three

(3) or more families living independently of each other.

AREA, BUILDING — The total of areas taken on a horizontal plane at the main grade level of

the principal building and all accessory buildings exclusive of uncovered porches, terraces and

steps.

AREA NET SITE — The total area within the property lines excluding external streets and

utility easements.

BASEMENT — A story partly or wholly underground. For purposes of height measurement, a

basement shall be counted as a story where more than one-half (1/2) of its height is above the

average level of the adjoining ground.

BILLBOARD or SIGN BOARD — Any sign or advertisement used as an outdoor display for the

purpose of making anything known, the origin or point of sale of which is remote from said

display.

BUILDING, FRONT LINE OF — The line of that face of the building nearest the front line of

the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but

does not include steps.

BUILDING, HEIGHT OF — The vertical distance measured from the average elevation of the

proposed finished grade at the front of the building to the highest point of the roof for flat roofs,

to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip

and gambrel roofs.

BUILDING, PRINCIPAL — A building in which is conducted the main or principal use of the

lot on which said building is situated.

CHILD CARE CENTER — Any place, home or institution which receives five (5) or more

children under the age of sixteen (16) years, and not of common parentage, for care apart from

their natural parents, legal guardians or custodians, when received for regular periods of time for

compensation; provided, however, this definition shall not include public and private schools

organized, operated or approved under the laws of this State, custody of children fixed by a court

of competent jurisdiction, children related by blood or marriage within the third degree of the

custodial person, or to churches or other religious or public institutions caring for children within

the institutional building while their parents or legal guardians are attending services or meetings

or classes or are engaged in church activities.

COMPREHENSIVE PLAN — A long-range master plan for area development, including studies

of land use, traffic volume and flow, schools, parks and other public buildings.

COVERAGE — That percentage of the plot or lot area covered by the building area.

DOG KENNEL — See definition of “dog kennel,” Chapter 205.

DUMP — A lot or land or part thereof used primarily for the disposal by abandonment,

dumping, burial, burning, or any other means and for whatever purpose of garbage, sewage,

trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DWELLING — A building used entirely for residential purposes and it must:

1. Have a roof pitch of no less than three (3) inches of vertical rise to each twelve (12) inches

of horizontal run.

2. Have roofing materials consisting of composition asphalt shingle, fiberglass shingle, wood

shake, baked tile or crushed rock.

3. Have a roof overhang of not less than one (1) foot measured from the vertical side of the

home. When attached carports, garages, porches or similar structures are an integral part of

the home, this overhang may be waived where the accessory structure is attached to the

home.

4. Have siding material consisting of wood or wood products, stucco, brick, horizontal lap

steel or aluminum, horizontal lap vinyl or rock.

5. Have proper guttering attached.

DWELLING, MULTIPLE-FAMILY — A building or portion of a building designed for or

occupied by more than two (2) families living independently of each other.

DWELLING, ONE-FAMILY

1. A detached building designed exclusively for occupancy by one (1) family which shall

include, but not be limited to, any home in which eight (8) or fewer unrelated mentally or

physically handicapped persons reside and may include two (2) additional persons acting as

house parents or guardians who need not be related to each other or to any of the mentally

or physically handicapped residing in the home; and any private residence licensed by the

Division of Family Services or Department of Mental Health to provide foster care to one

(1) or more but less than seven (7) children who are unrelated to either foster parent by

blood, marriage or adoption. All single-family dwellings must have an exterior dimension,

excluding garages, carports and accessory buildings, of not less than twenty-four (24) by

forty (40) feet.

2. Single-family dwelling includes a manufactured or modular unit which, when placed on

site:

1. Is permanently installed on a properly engineered, enclosed foundation system in

accordance with the BOCA Basic Building Code and approved by the Building

Inspector. The Building Inspector may require a plan to be certified by a registered

architect or engineer. At the Building Inspector’s discretion, the Building Inspector

may or may not issue a building permit based upon code enforcement procedures

contained in this Code.

1. Is installed in accordance with the manufacturer’s instruction with axles, running gear,

lights and towing apparatus removed.

DWELLING, TWO-FAMILY — A building designed exclusively for occupancy by two (2)

families living independently of each other, including a duplex [one (1) dwelling unit above the

other] or a semidetached dwelling [one (1) dwelling unit beside the other].

FAMILY — An individual or married couple and the children thereof and no more than two (2)

other persons related directly to the individual or married couple by blood or marriage,

occupying a single housekeeping unit with single kitchen facilities, used on a non-profit basis. A

family may include not more than one (1) additional person not related to the family by blood or

marriage, provided that such additional person may be provided with sleeping accommodations

but not with kitchen facilities.

FILLING STATION, PUBLIC GASOLINE — Any area of land, including any structure or

structures thereon, that is or are used or designed to be used for the supply of gasoline or oil or

other fuel (not including liquid petroleum gases) for the propulsion of vehicles.

FRONTAGE — All the property fronting on one (1) side of a street between the two (2) nearest

intersecting streets or other natural barriers.

GARAGE, PRIVATE — Any garage not a private garage and which is used for storage, repair,

rental, servicing or supplying of gasoline or oil to motor vehicles.

HOME OCCUPATION — Any occupation or profession carried on by the inhabitants which is

clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not

change the character thereof, and which is conducted entirely within the main or accessory

buildings; provided that no trading in merchandise is carried on and in connection with which

there is no display of merchandise or sign other than one (1) non-illuminated nameplate not more

than two (2) square feet in area attached to the main or accessory building, and no mechanical

equipment is used or activity is conducted which creates any noise, dust, odor or electrical

disturbance beyond the confines of the lot on which said occupation is conducted. No more than

twenty percent (20%) of the usable floor area shall be devoted to such occupation.

HOSPITAL — A building used for the diagnosis, treatment or other care of human ailments,

unless otherwise specified.

HOTEL — Any building or portion thereof which contains guest rooms which are designed or

intended to be used, let or hired out for occupancy by, or which are occupied by ten (10) or more

individuals for compensation, whether it be paid directly or indirectly.

HOUSE TRAILER — Any portable or mobile vehicle used or designed to be used for living

purposes and with its wheels, rollers or skids in place.

JUNK YARD — A lot, land or structure or part thereof used primarily for the collecting, storage

and sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling,

storage and salvaging of machinery or vehicles not in running condition and for the sale of parts

thereof.

LOADING SPACE — An off-street space or berth on the same lot with a building, or

contiguous to a group of buildings, for the temporary parking of a commercial vehicle while

loading or unloading merchandise or materials and which abuts upon a street or other appropriate

means of access.

LOT — Land occupied or to be occupied by a building, or unit group of buildings, and accessory

buildings, together with such yards and lot area as are required by this Chapter, and having its

principal frontage upon a street or a place approved by the Commission.

LOT, CORNER — A lot or portion thereof not greater than one hundred (100) feet in width and

situated at the intersection of two (2) or more streets, having an angle of intersection of not more

than one hundred thirty-five degrees (135°).

LOT DEPTH — The horizontal distance between the front and rear lot lines, measured along the

median between the two (2) side lot lines.

LOT WIDTH — The horizontal distance between the side lot lines, measured at right angles to

the lot depth at the building line.

MANUFACTURED OR MODULAR HOME — A factory-fabricated transportable building unit

designed to be used by itself or to be incorporated with similar units at a building site into a

modular structure to be used for residential, commercial, educational or industrial purposes and

bearing a seal issued by the United States Department of Housing and Urban Development

according to Section 700.010, RSMo., et seq., or meets current BOCA standards.

MOBILE HOME — A factory-built structure or structures which, in the traveling mode, is eight

(8) body feet or more in width or forty (40) body feet or more in length or, when erected on site,

contains three hundred twenty (320) or more square feet, equipped with the necessary service

connections and made so as to be readily movable as a unit or units on its or their own running

gear and designed to be used as a dwelling unit or units with or without a permanent foundation.

The phrase “without a permanent foundation” indicates that the support system is constructed

with the intent that the mobile home placed thereon may be moved from time to time at the

convenience of the owner.

MOBILE HOME AREA — Any area, tract or site or plot of land whereupon a minimum of

twenty-five (25) mobile homes as herein defined are placed, located or maintained or intended to

be placed, located or maintained for dwelling purposes only and upon a permanent or

semi-permanent basis.

MOBILE HOME SPACE — A plot of ground within a mobile home community or park which

is designed for and designated as the location for only one (1) automobile and one (1) mobile

home and not used for any other purposes whatsoever other than the customary accessory uses

thereof.

MOTEL — A group of buildings including either separate cabins or a row of cabins or rooms

which:

1. Contain individual sleeping accommodations for transient occupancy; and
2. Have individual entrances.

MOTOR VEHICLE REPAIR SHOP — A building or portion of a building arranged, intended or

designed to be used for making repairs to motor vehicles.

NON-CONFORMING USE — A building, structure or use of land existing at the time of

enactment of this Chapter (1973) or an amendment thereto which renders a conforming use in

existence at the time non-conforming and which does not conform to the regulations of the

district or zone in which it is situated.

PARKING SPACE, AUTOMOBILE — Space within or on a building or a private or public

parking area for the parking of one (1) automobile.

PLAT — A map, plan or layout of a City, township, section or subdivision indicating the

location and boundaries of individual properties.

SIGN — Any words, numerals, figures, devices, designs or trademarks by which anything is

made known, such as are used to designate an individual, a firm, profession, business or a

commodity and which are visible from any public street or air.

STORY — That portion of a building included between the surface of any floor and the surface

of the next floor above it, or if there be no floor above it, then the space between such floor and

ceiling next above it.

STREET — Any public or private right-of-way which affords the primary means of access to

abutting property.

STREET EASEMENT — All paved, unpaved and utility easements.

STREET LINE — The legal line between a right-of-way and abutting property.

STRUCTURE — Anything constructed or erected which requires location on the ground or

attached to something having a location on the ground.

TOURIST CAMP — Land used or intended to be used by campers or for trailer tents or movable

dwellings; two (2) or more trailers, whether parked or supported by donations, shall constitute a

tourist camp.

TOWN HOUSE — A building or portion thereof designed exclusively for residential occupancy

by more than two (2) families living independently of each other.

TRAILER — A vehicle or residence on wheels, skids or rollers without motive power designed

to be used for human habitation or for carrying persons or property, including a trailer coach or

house trailer.

USE — The purpose for which land or a building is arranged, designed or intended or for which

either land or a building is or may be occupied or maintained.

YARD — An open space other than a court on the same lot with a building or group of

buildings, which open space lies between the building or group of buildings and the nearest lot

line and is unoccupied and unobstructed from the ground upward.

YARD, FRONT — A yard extending across the full width of the lot, the depth of which is the

minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

YARD, REAR — A yard extending across the full width of the lot between the nearest rear main

building and the rear lot lines. The depth of the required rear yard shall be measured horizontally

from the nearest part of a main building toward the nearest point of the rear lot lines.

YARD, SIDE — A yard between a main building and the side lot line, extending from the front

yard, or front lot lines, where no front yard is required, to the rear yard. The width of the required

side yard shall be measured horizontally from the nearest point of the side lot line toward the

nearest part of the main building.

Section 405.040. Zones. [Ord. No. 1997-308 §II Art. I(4), 1-6-1998]

1. The following zones and regulations shall be imposed within the incorporated limits of said

City:

1. Agricultural. “A-I” Agricultural District.
2. Residential.
3. “R-1A”, “R-1B”, “R-1C” One-Family Residential District.
4. “R-2” Two-Family District.
5. “R-3” Multiple-Family District.
6. “R-4” Town Houses.
7. “M” Mobile Home District.
8. “P” Planned Environment Unit Procedure.
9. Commercial.
10. “C-1” Neighborhood Commercial District.
11. “C-2” General Commercial District.
12. Industrial.
13. “I-1” Restricted Light Industrial District.
14. “I-2” Light Industrial District.
15. “I-3” Heavy Industrial District.

Section 405.050. Zoning Map. [Ord. No. 1997-308 §II Art. I(5), 1-6-1998]

1. Said districts are bounded and defined as shown on a map entitled Zoning Map for the City

of Goodman, Missouri, adopted by the Board of Aldermen and certified by the City Clerk

which accompanies and which, with all explanatory matter thereon, is hereby made a part

of this Title.

1. The Zoning Map shall be kept and maintained by the City Clerk and shall be available for

inspection and examination by members of the public at all reasonable times as any other

public record.

Section 405.060. Rules For Interpretation of District Boundaries. [Ord. No. 1997-308 §II Art. I(6),

1-6-1998]

1. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts, the

following rules shall apply:

1. Where district boundaries on the Zoning Map are indicated as approximately

following the centerlines of streets, streams, highways or railroads, such boundaries

shall be deemed to be located at such midpoints.

2. Where district boundaries are so indicated that they approximately follow lot lines or

section lines, such lines shall be construed to be said boundaries.

3. Where the boundary of a district follows a stream, lake or other body of water, said

boundary lines shall be deemed to be at the limit of the jurisdiction of the City of

Goodman, unless otherwise indicated.

Section 405.070. Non-Conforming Use. [Ord. No. 1997-308 §II Art. I(7), 1-6-1998]

Except as provided, it shall be unlawful to use any land or building for any purpose other than is

permitted in the district in which such land or building is located. The lawful use of land or

buildings existing at the time of the passage of this ordinance (1997), or an amendment thereto

which renders a conforming use in existence at the time, a non-conforming use although such

does not conform to the regulations, may be continued. A non-conforming building, structure or

portion thereof which is or hereafter becomes vacant and remains unoccupied for a continuous

period of six (6) months shall not thereafter be occupied except by the uses which conform to the

use regulations of the district in which it is located. In those instances where a non-conformity of

use, land or building exists, clear intent upon the part of the owner to abandon the

non-conformity or non-conformities shall thereafter render the said property to the use

regulations of the district in which it is located.

Section 405.080. Application of Regulations. [Ord. No. 1997-308 §II Art. I(8), 1-6-1998]

1. Except as hereinafter provided:
2. No building or land shall hereafter be used or occupied and no building or part

thereof shall be erected, moved or altered unless in conformity with the regulations

herein specified for the district in which it is located.

2. No building shall hereafter be erected or altered:
3. To exceed the height;
4. To accommodate or house a greater number of families;
5. To occupy a greater percentage of lot area; or
6. To have narrower or smaller rear yards, front yards, side yards, inner or outer

courts than is specified herein for the district in which such building is located.

3. No part of a yard or other open space required about any building for the purpose of

complying with provisions of this Section shall be included as a part of a yard or

other open space similarly required for another building.

ARTICLE II

Zoning Districts Regulations

Section 405.090. “A-1” Agricultural Districts. [Ord. No. 1997-308 §II Art. II(1), 1-6-1998]

1. The following uses set out herein shall apply in all “A-1” Agricultural Districts.
2. General Description. This district is intended to provide a location for the land situated on

the fringe of the urban area, within the jurisdictional limits of the City, that is used for

agricultural purposes but will be undergoing urbanization in the foreseeable future.

Therefore, the agricultural uses and activities should not be detrimental to urban land uses.

It is not intended that this district provide a location for a lower standard of residential,

commercial or industrial development than is authorized in other districts. The types of

uses, area and intensity of use of land which is authorized in this district is designed to

encourage and protect any agricultural uses until urbanization is warranted and the

appropriate changes in district classification are made.

1. Uses Permitted.
2. Agricultural uses and their accessory structures as defined in this Article. No building

permits shall be required for such structures.

2. Farmhouses, to the extent they are declared to be an essential agricultural use

accessory by the Board of Adjustment.

3. Bulletin board or sign not exceeding forty (40) square feet in area appertaining to the

lease, hire or sale of a building on the premises or of the premises, which sign or

board shall be removed as soon as the same is leased, hired or sold.

1. Uses Permitted On Review. The following uses may be reviewed by the Board of

Adjustment, subject to such conditions and safeguards as they may deem appropriate.

1. Churches or similar places of worship with accessory structures.
2. Public schools and institutions of higher learning.
3. Public parks, public playgrounds and recreational area operated by membership

organizations for the benefit of their members and not for gain.

4. Sign or display, not exceeding two (2) in number, advertising the residential,

commercial or industrial development of the land on which the sign or display is

situated. All signs or displays shall be removed immediately upon completion of the

development, but in no case shall they be permitted to remain longer than three (3)

years from the date of issuance of the special permit. The type, location and lighting

of the sign or display shall be such as to not be detrimental to the use of adjacent

properties or to restrict sight distances on public streets.

5. A cemetery, airport, camp, hospital, sanitarium, correctional institution or institution

for the insane.

6. Rodeo or fairgrounds.
7. Dog kennels. See Chapter 205.
8. Athletic fields.

Section 405.100. “R-1A”, “R-1B”, “R-1C” One-Family Residential Districts. [Ord. No. 1997-308

• II Art. II(2), 1-6-1998; Ord. No. 2001-335 §II Art. II(2), 7-17-2001]

1. The uses set out herein shall apply in all “R-1A”, “R-1B” and “R-1C” One-Family

Residential Districts.

1. Uses Permitted.
2. Inclusion and exceptions.
3. One-family dwellings including manufactured modular housing units, “R-1A”,

excluding trailer houses and recreational vehicles.

1. One-family dwellings including manufactured modular housing units, “R-1B”,

excluding trailer houses and recreational vehicles.

1. One-family dwellings including manufactured modular housing units.
2. Public schools and institutions of higher education, public libraries, municipal

buildings.

3. Public parks, public playgrounds.
4. Philanthropic, eleemosynary institutions other than camp, hospital, sanitarium,

correctional institutions or institutions for the insane.

5. Customary home occupations, provided that there shall be no external evidence of

such occupations except a small announcement or professional sign not over two (2)

square feet in area.

6. Church or public building bulletin board not exceeding ten (10) square feet in area,

and temporary signs not exceeding six (6) square feet in area, pertaining to the lease,

hire or sale of the building or premises where the sign is located.

7. Temporary building for uses incidental to construction work, which buildings shall be

immediately adjacent to said construction work and which building shall be removed

upon the completion or abandonment of the construction work.

8. Other customary accessory uses and buildings, provided such uses are incidental to

the principal use and do not include any activity commonly conducted as a business.

Any accessory building shall be located on the same lot with the principal building.

1. Building Height. No building shall be erected or enlarged to exceed two (2) stories,

excluding basements, or twenty (20) feet in height.

1. Required Lot Area. Every lot shall have a width of not less than sixty-five (65) feet and an

area of not less than the following:

1. Single-family dwellings, not served by sanitary sewer system. One (1) acre, unless a

County and/or State Health Officer approves a sanitary system that can be installed

on a lesser sized lot.

2. Single-family dwelling, served by sanitary sewer system or with approval of the

County and/or State Health Officer. Seven thousand five hundred (7,500) square feet.

3. All other uses. Area and system as approved by the County Health Officer and Board

of Adjustment.

1. Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover

more than thirty percent (30%) of the area of the lot; detached accessory buildings, not

used as dwellings, can be located in a rear yard and shall have clearance of at least five (5)

feet from side to rear lot lines and may not be located within a public easement. An

accessory building attached in any structural manner to the principal structure must

conform to the side and rear requirements for principal structures.

1. Yard Requirements. [Ord. No. 2014-463 § 1, 9-16-2014]
2. Each yard shall have a front yard depth of thirty-five (35) feet.
3. Each side yard width to be a minimum of seventeen and one-half (17 1/2) feet.
4. Rear yard depth. Twenty (20) feet, except rear yard depth of a corner lot may be

fifteen (15) feet.

1. Parking Regulations. See Supplemental Regulations on Off-Street Automobile and Vehicle

Parking and Loading, Section 405.320.

1. Manufactured Housing Defined.
2. Manufactured single-wide dwellings.
3. Must be built to construction and safety standards administered by U.S.

Department of Housing and Urban Development, otherwise known as the HUD

code; all such units must plainly bear the HUD seal;

1. Must not be less than twelve (12) feet in width nor less than forty-two (42) feet

in length;

1. Shall be constructed of outer wall studding and inner weight bearing walls of

not less than two (2) inches by four (4) inches studding material;

1. Must be constructed as one (1) complete component built on a wheeled chassis

consisting of two (2) one (1) inch beams, two (2) or more axles, and a tongue.

The axle, tongue and wheels shall be readily removable;

1. A manufactured single-wide housing unit shall not include any travel or

recreational type vehicle or any other type of manufactured vehicle not bearing

a HUD seal.

2. Manufactured double-wide housing unit.
3. Must be built to construction and safety standards administered by U.S.

Department of Housing and Urban development, known as the HUD code. All

such units must plainly bear the HUD seal; and

1. Shall be not less than twenty-four (24) feet in width nor less than forty-two (42)

feet in length; and

1. All outer wall studding and inner wall studding shall be constructed of at least

two (2) inch by four (4) inch studding; and

1. Shall be constructed as one (1) or more complete components; each component

shall be built on a wheeled chassis consisting of two (2) one (1) inch beams, two

(2) or more axles, and tongue; each tongue, axle and wheel shall be readily

removable;

1. Manufactured double-wide units shall not include any travel or recreational type

vehicle or any other type of double-wide unit not bearing a HUD code seal;

1. Manufactured double-wide units shall be constructed with a pitched roof with

shingles;

1. Siding on manufactured double-wide housing units shall be of a hardboard

material or material of comparable strength, appearance and durability.

3. Manufactured modular housing units.
4. Shall have a structural engineering number from the U.S. Department of

Housing and Urban Development, otherwise known as HUD;

1. Must plainly bear the State of Missouri modular housing seal;
2. All manufactured modular housing units shall be not less than twenty-four (24)

feet in width nor less than forty-two (42) feet in length;

1. All outer wall studding material and inner weight bearing wall studding material

shall be constructed of at least two (2) inch by four (4) inch studding;

1. Manufactured modular housing units must be constructed as one (1) or more

complete components designed as one (1) unit;

1. Manufactured modular housing units shall not include any travel or recreational

type vehicle or any other type of modular type unit not bearing a State seal;

1. Manufactured modular housing units shall be constructed with a pitched roof

with shingles;

1. Siding on manufactured modular housing units shall be of a hardboard material

or material of comparable strength, appearance and durability;

1. Manufactured modular housing units shall be designed and constructed as one

(1) component and, upon site placement, shall not be movable.

1. Lot Preparation Requirements For Manufactured Housing Units. All lots on which a

manufactured housing unit shall be placed shall be prepared as follows:

1. A concrete pad of the entire area of the unit shall be constructed on which the unit

shall sit; or

2. In the alternative, a piering system may be used, which piers shall be constructed of

either concrete or masonry blocks; blocks or concrete shall be prepared in a

permanent manner.

3. Skirting. All manufactured housing units shall be skirted with either concrete masonry

blocks or some other type masonry skirting, including a stone-type skirting, provided

that the stone work or rock work is permanently joined with some type of masonry

material; all skirting shall be located on a poured cement footing of a minimum of

four (4) inches in depth and ten (10) inches in width, and said skirting shall

completely enclose the under portion of any manufactured housing unit.

4. Steps. All manufactured housing units shall have a rear and front porch, which porch

shall be permanently attached to the real estate and the manufactured housing unit.

The porch shall be of a platform deck type unit, with a minimum extension from the

body of the manufactured housing unit of four (4) feet, and must bear an overall area

on the top platform of at least twenty-four (24) feet. The porch shall be constructed of

a masonry material, wood or metal.

5. Anchors. All manufactured housing units excepting modulars shall be anchored to the

real property by at least six (6) anchors or as recommended by the manufacturer.

1. Other Provisions. “I” tongues or hitches located on any manufactured housing unit shall be

removed upon the setting or placement of said manufactured housing unit; thereafter, all

evidence of tongue or hitch or “I” beam frame must be completely covered from view by

the skirting as heretofore required.

1. Exceptions. Manufactured housing units as heretofore described shall be excluded from and

shall not be included in any prohibition of exclusion of trailer houses or mobile homes as

provided in this Code; nothing herein, however, shall exclude a manufactured housing unit

from being placed in a mobile home or trailer park. Further, nothing included herein shall

allow a manufactured housing unit to be placed in any subdivision in derogation of a

subdivision’s regulation excluding such manufactured housing.

Section 405.110. “R-2” Two-Family Residential Districts. [Ord. No. 1997-308 §II Art. II(3),

1-6-1998]

1. The uses herein shall apply in all “R-2” Two-Family Residential Districts.
2. Uses Permitted.
3. All uses permitted in “R-1” Districts, subject to all the restrictions specified therefore

in said “R-1” Districts.

2. Two-family dwellings, but not including mobile homes.
3. Building Height. Same as “R-1” District.
4. Required Lot Areas.
5. Each one-family dwelling shall be located on a lot of the same area and width as

required for “R-1” Districts.

2. Each two-family dwelling shall be located on a lot having an area of at least nine

thousand (9,000) square feet and at average width of at least sixty-five (65) feet.

1. Percentage Of Lot Coverage. Same as “R-1” District.
2. Yards Required. Same as “R-1” District.
3. Parking Requirement. See Supplemental Regulations on Off-Street Automobile Vehicle

Parking and Loading, Section 405.320.

Section 405.120. “R-3” Multiple-Family Residential Districts. [Ord. No. 1997-308 §II Art. II(4),

1-6-1998]

1. The uses herein shall apply in all “R-3” Multiple-Family Residential Districts.
2. Uses Permitted.
3. All uses permitted in “R-2” Districts, subject to all of the restrictions specified

therefore.

2. Multiple-family dwelling, apartment house.
3. Rooming or boarding house.
4. Institution of an educational, philanthropic or eleemosynary nature.
5. Uses Permitted On Review.
6. Child care center. See Supplemental Regulations on Child Care Center, Section

405.310.

2. Nursing home or home for the aged.
3. Building Height. Two (2) stories but not exceeding twenty (20) feet.
4. Required Lot Area. No dwelling shall be established on a lot having an area or width less

than specified for one-family residences in “R-1” Districts; provided however, that each

separate development shall not exceed a density of fourteen (14) dwelling units per gross

acre of lot.

1. Percentage Of Lot Coverage. All buildings including accessory buildings shall not cover

more than forty percent (40%) of the area of the lot.

1. Yard Required. Yards of the following minimum depths shall be provided:
2. Front yard. Twenty (20) feet.
3. Side yards. Each one-third (1/3) the height of the building, but not less than eight (8)

feet.

3. Rear yard. Depth equal to the height of the building, but not less than fifteen (15)

feet.

1. Distance Between Buildings On Same Plot. No principal building shall be closer to any

other principal building than the average of the heights of said buildings.

1. Automobile Storage Or Parking Space. In connection with every multiple-family dwelling

there shall be provided off-street automobile storage or parking space equal to not less than

four hundred (400) square feet for each dwelling unit; provided however, that no front yard

shall be used for the open air parking or storage of any motor vehicle. See Supplemental

Regulations on Off-Street Automobile and Vehicle Parking and Loading.

Section 405.130. “R-4” Town House Residential Districts. [Ord. No. 1997-308 §II Art. II(5),

1-6-1998]

1. The uses herein shall apply in all “R-4” Town House Residential Districts.
2. Uses Permitted.
3. All uses permitted in “R-1”, “R-2” and “R-3” Districts, subject to all of the restrictions

specified therefore.

2. Town houses.
3. Building Heights. Same as “R-3” District.
4. Required Lot Area.
5. Same as “R-3” District, except as otherwise provided herein.
6. Each interior lot used for town houses shall have a width of at least one hundred (100)

feet and each corner lot a width of at least one hundred twenty (120) feet.

3. The minimum width of a town house shall be eighteen (18) feet, except the average

width in any continuous attached development shall be twenty (20) feet, and there

shall be not more than eight (8) town houses in any one (1) row.

4. Not less than fifty percent (50%) of the net lot area shall be devoted to green area as

defined in the Planned Environment Unit procedure; provided however, that interior

patio courts of not less than one hundred twenty-five (125) square feet in area nor of a

minimum dimension of less than ten (10) feet may be computed as green area.

1. Percentage Of Lot Coverage. Same as “R-3” District.
2. Yards Required. Yards of the following minimum depths shall be provided:
3. Front yard. Twenty (20) feet.
4. Side yards.
5. Same as “R-3” District, except on corner lots, in which case the provisions of

paragraph (b) below shall apply.

1. Each corner lot shall have a side building line such as will provide a side yard

equal to the front yard requirement of the lots on the side street which abut its

rear lot line. When the lot adjoining said corner lot along the rear lot line thereof

does not front on the side street of the corner lot or is in a non-residential zone,

the side building line and the side yard may be reduced to a minimum of fifteen

(15) feet.

3. Rear yard. Depth equal to the height of the building, but not less than twenty (20)

feet.

1. Distance Between Buildings On Same Plot. Same as “R-3” District.
2. Automobile Storage Or Parking Space. Same as “R-3” District.

Section 405.140. “M” Mobile Home Districts. [Ord. No. 1997-308 §II Art. II(6), 1-6-1998]

1. The uses set out herein shall apply in all Mobile Home Districts.
2. Use Regulations. All buildings and land within an “M” District shall be limited to the

following uses:

1. Mobile homes.
2. Accessory buildings customarily incidental and subordinate to the use of mobile

homes. Buildings housing such facilities as laundromats, nurseries, etc., and only

when such facilities are intended for the use of persons residing within the district.

Section 405.150. Planned Environment Unit Procedure. [Ord. No. 1997-308 §II Art. II(7), 1-6-1998]

1. The purpose of this Section is to provide a permissive, voluntary and alternate zoning

procedure in the “R” Residential District in order to permit flexibility in building types,

relationships between buildings, and provision of supporting community facilities in the

development of diverse, sound urban environments under conditions of approved site and

development plans.

1. In an “R” Residential District, a tract of land may be developed for residential use and for

supporting community facilities, provided that approval is obtained by securing a planned

environment unit permit in compliance with the procedure hereinafter delineated. A

planned environment unit shall comprise a minimum of forty (40) dwelling units in two (2)

or more buildings and shall not be restricted as to building type. It shall not contain more

dwelling units than would be permitted under the retaliations of the Residential District or

Districts within which the planned environment unit lies, excluding therefrom the area used

for streets, except that land within the flood plain of the watercourses in the City of

Goodman may, when such land is part of a tract lying within an “R” Residential District, be

considered as part of the gross acreage in computing the maximum number of dwelling

units that may be created under this procedure to the maximum limit of one-third (1/3) of

the gross acreage of that part of the tract lying outside the flood plan and zoned as an “R”

Residential District. It may contain any of the community facilities permitted in the district

within which the planned environment unit lies.

1. A planned environment unit may contain the following commercial uses when located

within multiple-family structure; provided that they occupy no more than five percent (5%)

of the gross floor area of the structure, or if provided in a single structure of a

multi-structure development, no more than five percent (5%) of the total gross floor area of

the residential structures within the development; no public entrance to such uses is from

the outside of the development; and no advertising signs or displays are visible from the

outside of the structure:

1. Food or drugstore;
2. Barber or beauty shop;
3. Laundry or dry cleaning pickup station or self-service laundry or dry cleaning facility;
4. Restaurant;
5. Cigar or newspaper stand.

Provided that the applicant can show that such commercial uses will provide a direct

service to the residents in the planned environment unit, will not substantially alter or affect the

residential character of the development, will nor duplicate any service or function performed or

offered by another facility located within one thousand (1,000) feet of any boundary of the

planned environment unit, and will not be located within two thousand (2,000) feet of any

existing shopping district of the City of Goodman.

1. The City Planning Commission after public hearing may grant a planned environment unit

permit when it finds that the planned environment unit proposal is consistent with good

general planning practice, consistent with good site planning, can be operated in a manner

that is not detrimental to the permitted developments and uses in the district, is visually

compatible with the permitted uses in the surrounding area, and is deemed desirable to

promote the general welfare of the City of Goodman.

1. The granting of a planned environment unit permit shall be initiated by the filing of a

verified application by one (1) or more of the owners or authorized representatives of the

property sought to be used for the planned environment unit proposal. Application shall be

addressed to the City Planning Commission and filed in its public office upon forms and

accompanied by such data and information as may be prescribed for that purpose by the

Planning Commission so as to assure the fullest practicable presentation of facts for the

permanent record and for adequate preliminary consideration of the proposal. The Planning

Commission shall hold a public hearing on the application consistent with the procedure

required for any other public hearing before the Planning Commission. If the Planning

Commission gives preliminary approval to the application, the matter shall be forwarded to

the Board of Aldermen together with the approved plans for consideration by that body. If

the application is approved by the Board of Aldermen, the matter shall be returned to the

Planning Commission for reconsideration for a final development plan which shall be

prepared by the applicant and submitted to the Planning Commission for approval within

one hundred sixty (160) days after the application was approved by the Board of Aldermen.

Upon approval of a final development plan by the Planning Commission, the plan shall be

recorded with the City of Goodman Recorder of Deeds as a planned environment unit plan,

and a permit for development in conformity with the recorded plan shall be issued to the

applicant for the Director of Planning. No building permit shall be issued for construction

of any structure on the tract of land involved that is not in conformity with the recorded

planned environment unit permit. Unless otherwise stated, substantial work or construction

under the permit must be commenced within one (1) year or the permit shall terminate. If

the permit is not reinstated within a period of six (6) months from the date the permit

becomes null and void, the Board of Aldermen may order the planned environment unit to

be vacated.

1. Appeal Or Protest.
2. Upon the disapproval by the Planning Commission of an application for a planned

environment unit permit, the applicant may file an appeal with the Board of Aldermen

requesting a determination from that body. A notice of appeal shall be filed within ten

(10) days after the mailing of notice of disapproval of the application by the Planning

Commission. Notice of appeal to the Board of Aldermen shall be in writing and shall

be filed in duplicate with the City Clerk accompanied by a fee of two hundred dollars

($200.00). The applicant shall have an additional thirty (30) days to file the appeal.

The appeal shall set forth specifically wherein the application or the final

development plan is consistent with good general planning practice, good site

planning, can be operated in a manner that is not detrimental to the permitted

developments and uses in the district, is visually compatible with the permitted uses

in the surrounding area, and is desirable to promote the general welfare of the City of

Goodman. Owners of twenty-five percent (25%) (by area) of the property within one

thousand (1,000) feet of the property in question may file a protest against the

granting of a preliminary approval by the Planning Commission for a planned

environment unit permit within fifteen (15) days after the preliminary approval of an

application by the Planning Commission. Such protest to the Board of Aldermen shall

be in writing and shall be filed in duplicate with the City Clerk. The protest shall

specifically set forth why the planned environment unit permit sought is not

consistent with good general planning practice or good site planning, or that the

proposal cannot be operated in a manner that is not detrimental to the permitted

developments and uses in the district, or that the proposed development is not visually

compatible with the permitted uses in the surrounding area and wherein the proposed

development is not consistent with the general welfare of the City of Goodman.

2. Upon receipt of an appeal or a protest the Board of Aldermen shall refer it to the

Planning Commission. The Planning Commission shall report thereon to the Board of

Aldermen disclosing in what respect the application and facts offered in support

thereof met or failed to meet the aforementioned requirements. The Board of

Aldermen may affirm, reverse or modify, in whole or in part, any determination of

the Planning Commission or may approve or disapprove any application upon which

the Planning Commission has taken action or any protested approved application.

Before acting on any appeal or protest, the Board of Aldermen or its committee or

Committee on Planning and Zoning shall set the matter for hearing giving written

notice of hearing to the applicant and all those persons who appeared and spoke in

opposition to the application at the public hearing before the Planning Commission or

the protestants in the case of a protest. The applicant and the protestants in the case of

a protest shall be heard and any other person or persons who, in the discretion of the

Board of Aldermen, will be jointly or severally aggrieved by any decision or action

with respect to such appeal may be heard. An affirmative vote of three (3) members

of the whole Board of Aldermen shall be required to reverse, modify or amend any

determination of the Planning Commission. A majority vote of the whole Board of

Aldermen shall be sufficient to affirm any determination of the Planning

Commission.

1. The City Planning Commission shall, in the instance of every application submitted under

this regulation, especially consider architectural, landscape and other relationships which

may exist between the proposed development and the character of the surrounding

neighborhood and shall prescribe and require such physical treatment or other limitations

as will, in its option, enhance said neighborhood character.

1. Height limitations for structures may be modified by the City Planning Commission with

respect to any structure proposed in an application for a planned environment unit permit if

the normal requirements for open areas on the premises are modified as follows: Any

residential structure exceeding two (2) stories in height or twenty (20) feet shall set back

from all planned environment unit boundary lines at least one (1) additional foot for each

foot of height above twenty (20) feet above the average finished ground elevation at the

perimeter of such structure.

1. Setbacks along boundary lines of a planned environment unit and off-street parking

requirements applicable in any district shall in no event be diminished by the City Planning

Commission, but the City Planning Commission may require that open parking areas be

depressed below the grade of the remainder of the property or screened by walls, fences or

plant material or by both methods in order to preserve or complement the general character

of any existing developments on adjacent properties.

Section 405.160. “C-1” Neighborhood Commercial District. [Ord. No. 1997-308 §II Art. II(8),

1-6-1998]

1. This commercial district is for the conduct of retail trade and to provide personal services

to meet the regular needs and for the convenience of people of adjacent residential areas.

Because these shops and stores may be an integral part of the neighborhood closely

associated with residential, religious, recreational and educational elements, more

restrictive requirements for air, light, open space and off-street parking are made than are

provided in other commercial districts.

1. Uses Permitted.
2. Food retail stores.
3. Drug stores.
4. Personal service uses including shoe repair, beauty parlor, barbershop, professional

offices and clinics.

4. Laundromat and dry cleaning outlets.
5. Restaurants, lunch rooms and boarding houses.
6. Accessory retail or service uses that are necessary for convenience of residential

districts subject to the review by the Planning Commission to ensure conformity to

the intent of this Chapter.

7. Accessory residential use when owner or operator of commercial use has a dwelling

unit contiguous to business establishment.

1. Building Height. No building shall exceed twenty (20) feet or two (2) stories in height.
2. Required Lot Area. Served by a sanitary sewer system, seven thousand five hundred

(7,500) square feet. Not served by a sanitary sewer system, area must be approved in

writing by County Health Officer, which approval shall be filed with the City Clerk before

a building permit shall be issued.

1. Percentage Lot Coverage. All buildings including accessory buildings shall not cover more

than forty percent (40%) of the lot.

1. Yards Required.
2. Front yard. All buildings shall set back from the street right-of-way line to provide a

front yard having not less than twenty-five (25) feet in depth.

2. Side yard width not required, except at least fifteen (15) feet when adjacent to

residential district.

3. Rear yard depth thirty (30) feet.
4. Parking Regulations. See Supplemental Regulations on Off-Street Automobile and Vehicle

Parking and Loading.

1. Sign Regulations. Name plate and sign relating only to the use of the store and premises or

to products sold on the premises. Lighted signs of flashing or intermittent type shall be

prohibited, provided however, that this shall not prevent the use of animated signs located

entirely within the building which can be seen only from the street side of the building.

1. Loading zone. See Supplemental Regulations on Off-Street Automobile and Vehicle

Parking Loading.

Section 405.170. “C-2” General Commercial. [Ord. No. 1997-308 §II Art. II(9), 1-6-1998]

1. This commercial district is intended for the conduct of personal business services and the

general retail business of the community. Persons living in the community and in the

surrounding trade territory require direct and frequent access. Traffic generated by the uses

will be primarily passenger vehicles and only those trucks and commercial vehicles

required for stocking and delivery of retail goods.

1. Uses Permitted.
2. All uses permitted in “C-1” Neighborhood Commercial District.
3. Hardware and household appliances sales and repair stores.
4. Clothing and accessory goods stores.
5. Furniture and home furnishings stores.
6. Gift and bookstores.
7. Jewelry and watch repair stores.
8. Sporting goods and photo supply stores.
9. Variety stores.
10. Financial institutions.
11. Public recreation and assembly halls, including clubs, lodges, bowling alleys,

theaters, billiard or pool parlors.

11. Hotels, motels and tourist homes.
12. Newspaper plants and printing shops.
13. Automobile service stations, provided storage tanks are underground.
14. Accessory wholesale and service uses necessary to convenience of general public

subject to conditions deemed appropriate by Board of Adjustment to ensure

conformity to the intent of this Chapter.

15. Any other store or shop for retail 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.

1. No building shall be erected or enlarged to exceed, excluding basement, twenty (20) feet.
2. Area Regulations. There are no specific front or side yard requirements for uses other than

dwellings.

1. Parking Requirements. See Supplemental Regulations on Off-Street Automobile and

Vehicle Parking and Loading, Section 405.320.

1. Loading Zone. See Supplemental Regulations on Off-Street Automobile and Vehicle

Parking and Loading, Section 405.320.

1. Uses Permitted On Review. Those activities that require outdoor display of goods or items

for the purpose of sale or purchase includes, but is not limited to the following:

1. Boat sales.
2. Farm implement and machinery.
3. House trailer sales.
4. Metal and wood fencing, ornamental grillwork and decorative wrought iron work and

play equipment sales.

5. Monument sales.
6. New and used car and truck sales.
7. Prefabricated house sales.
8. Trailers for hauling, rental and sales.
9. Nursery and garden sales.
10. Car wash.
11. Amusement enterprises.
12. Garages.
13. Drive-in restaurants or theaters.
14. Bus terminals.
15. Residential or outpatient facilities for the treatment of alcohol and other drug abuse.
16. The uses listed in Subsection (G) above shall comply with the following provisions:
17. 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 a residential district when located to the side or

rear of the lot on which said 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 in 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 that it cannot be seen from a public street.

2. 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.

3. All of the lot used for parking of 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.

4. 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.

5. Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width,

exclusive of curb returns.

6. Outdoor lighting, when provided, shall have an arrangement of reflectors and an

intensity of lighting which will not interfere with adjacent streets and shall not be of a

flashing or intermittent type.

Section 405.180. “I-1” Restricted Light Industrial Districts. [Ord. No. 1997-308 §II Art. II(10),

1-6-1998]

1. General Description. This industrial district is intended primarily for production and

assembly plants that are conducted so the noise, odor, dust and glare of such operation is

completely confined within an enclosed building. These industries may require direct

access to rail, air or street transportation routes; however, the size and volume of the raw

materials and finished products involved should not produce the volume of freight

generated by the uses of the Heavy Industrial District. Buildings in this district should be

architecturally attractive and surrounded by landscaped yards.

1. Uses Prohibited. Those uses are prohibited which may be obnoxious or offensive by reason

of emission of odor, dust, smoke, gas, noise, glare or disposal of waste material.

1. Uses Permitted.
2. Assembly of electrical and mechanical appliances, instruments, devices and the like.
3. Vehicle finishing, repair and the like.
4. Building material production, storage and sales uses.
5. Food distribution and storage plants.
6. Construction and agricultural equipment distribution, storage and sales uses.
7. Transportation storage and trucking yards.
8. Agricultural feed and grain storage and sales.
9. Laundry, cleaning and dyeing works.
10. Sheet metal, plumbing and blacksmith shops.
11. Wholesale business, storage warehouses and the like.
12. Other uses of the same general character as those listed above which conform to

restrictions deemed appropriate by the Planning Commission.

1. Within the Restricted Light Industrial District, no building, structure or premises shall be

used and no building or structure shall be erected or altered until and unless the following

conditions have been complied with. There shall have been filed with the City Planning

Commission a written application for approval of a contemplated use within said district,

which application shall be accompanied with the following information:

1. A plot plan indicating the location of present and proposed buildings, driveways,

parking lots and other necessary uses.

2. Preliminary architectural plans for the proposed building or buildings.
3. An estimate of the maximum number of employees contemplated for the proposed

development and the number of shifts during which they would work.

4. Any other information the City Planning Commission may need to adequately

consider the effect that the proposed uses may have upon their environment and on

the cost of providing municipal services to the area. All sewage disposal systems

must be approved by the County Health Officer before a building permit is issued.

1. Area Requirements.
2. Individual building sites shall be of such size that the development will have a park

like setting, all space requirements provided in this Chapter are satisfied, and building

coverage will not exceed thirty percent (30%) of the area of the site.

2. Front yards. All buildings shall be set back from the street right-of-way line to

provide a front yard having nor less than twenty-five (25) feet in depth.

3. Side yards. No building shall be located closer than twenty-five (25) feet to a side lot

line, except when adjacent to a residential district when a forty (40) foot side yard

width is required.

4. Rear yards. No building shall be located closer than twenty-five (25) feet to the rear

lot line.

5. Coverage. Building coverage shall not exceed thirty percent (30%) of the area of the

lot.

1. Height Regulations. No building shall exceed forty (40) feet in height.
2. Off-Street Parking And Loading Facilities. Dustproofed and properly drained off-street

parking and loading facilities shall be provided in amount sufficient to meet the needs of all

persons associated with the development, either as employees, customers, suppliers or

visitors, and shall not cover more than forty percent (40%) of the lot. (See Supplemental

Regulations on Off-Street Automobile and Vehicle Parking and Loading, Section 405.320.)

1. Storage Of Materials And Equipment. When abutting residential districts, all materials and

equipment used in connection with the use shall be enclosed within a building or structural

screen.

Section 405.190. “I-2” Light Industrial Districts. [Ord. No. 1997-308 §II Art. II(11), 1-6-1998]

1. General Description. This industrial district is intended primarily for the conduct of light

manufacturing, assembling and fabrication and for warehousing, wholesale and service

uses. These do not depend primarily on frequent personal visits of customers or clients but

may require good accessibility to major rail, air or street transportation routes.

1. Uses Prohibited. Those uses are prohibited which may be obnoxious or offensive by reason

of emission of odor, dust, smoke, gas, glare, noise or disposal of waste materials.

1. Uses Permitted.
2. Uses permitted in the “I-1” District are permitted in the “I-2” District.
3. Building materials sales yard and lumberyard, including the sale of rock, sand, gravel

and the like as an incidental part of the main business, but not including a concrete

batch plant or transit mix plant.

3. Contractor’s equipment storage yard or plant or rental equipment commonly used by

contractors.

4. Freighting or trucking yard or terminal.
5. Oil field equipment storage yard.
6. Public utility service yard or electrical receiving or transforming station.
7. Sale barn.
8. No article or material permitted in this district shall be kept, stored or displayed

outside the confines of a building unless it be so screened by fences, walls or planting

that it cannot be seen from adjoining public streets or adjacent lots when viewed by a

person standing on ground level.

1. The following uses when conducted within a completely enclosed building:
2. The manufacture, compounding, processing, packaging or treatment of such products

as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals,

perfumed toilet soap, toiletries and food products.

2. The manufacture, compounding, assembling or treatment of articles or merchandise

from the following previously prepared materials: bone, cellophane, canvas, cloth,

cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or

semi-precious metals or stone, shell, textiles, tobacco, wood, yarn and paint not

employing a boiling process.

3. The manufacture of pottery and figurines or other similar ceramic products, using

only previously pulverized clay and kilns fired only by electricity or gas.

4. The manufacture and maintenance of electric and neon signs, commercial advertising

structures, light sheet metal products, including heating and ventilating ducts and

equipment, cornices, eaves and the like.

5. Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.
6. Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and

fender works, truck repairing and overhauling, tire retreading or recapping, and

battery manufacturing.

7. Blacksmith shop and machine shop, excluding punch presses over twenty (20) tons

rated capacity, drop hammers, and automatic screw machines.

8. Foundry casting lightweight non-ferrous metal not causing noxious fumes or odors.
9. Assembly of electrical appliances, electronic instruments and devices, radios and

phonographs, including the manufacture of small parts only, such as coils,

condensers, transformers, crystal holders and the like.

10. Wholesale storage or manufacture of alcoholic beverages.
11. Buildings, structures and uses accessory and customarily incidental to any of the above

uses.

1. The uses permitted under this Chapter shall be conducted in such a manner that no noxious

odor, fumes or dust will be emitted beyond the property line of the lot on which the use is

located.

1. All proposed uses within this district shall upon written application be filed with the City

Planning Commission for approval of a contemplated use within said district, said

application shall be accompanied by the following information:

1. A plot plan indicating the location of present and proposed buildings, driveways,

parking lots and other necessary uses.

2. Preliminary architectural plans for the proposed building or buildings.
3. An estimate of the maximum number of employees for the proposed development and

the number of shifts during which they would work.

4. Any other information the City Planning Commission may need to adequately

consider the effect that the proposed uses may have upon their environment and on

the cost of providing municipal services to the area.

1. Area Requirements.
2. Side, front and rear yards. Shall be three (3) feet except where fire-retardant

materials are used.

2. Rear yard. Thirty (30) feet or adequate space for service.
3. Height Regulations. Twenty (20) feet.
4. Off-Street Parking And Loading Facilities. See Supplemental Regulations on Off-Street

Automobile and Vehicle Parking and Loading, Section 405.320.

1. Storage Of Materials And Equipment. Same as Restricted Light Industrial District.

Section 405.200. “I-3” Heavy Industrial Districts. [Ord. No. 1997-308 §II Art. II(12), 1-6-1998]

1. General Description. This industrial district is intended to provide for heavy industrial uses

not otherwise provided for in the districts established by this Chapter. The intensity of uses

permitted in this district makes it desirable that they be located downwind and separated

from residential and commercial uses whenever possible.

1. Uses Permitted. A building or premises may be used for any purpose not otherwise

prohibited by law except that no residences, motels or other places of habitation involving

permanent structures are permitted nor shall any schools, churches or hospitals be

permitted; provided however, that no building or occupancy permits will be issued for any

of the following uses until and unless the location of such use shall have been approved by

the Planning Commission:

1. Acid manufacture.
2. Cement, lime, gypsum or plaster of Parts manufacture.
3. Explosives, manufacture or wholesale storage.
4. Gas manufacture.
5. Petroleum or its products, refining of.
6. Wholesale or bulls storage of gasoline, propane or other petroleum products.
7. All uses permitted in “I-1” and “I-2” Districts.
8. Uses Permitted On Review.
9. Automobile salvage or junk yard.
10. Building materials salvage yard.
11. Junk or salvage yard of any kind.
12. Public or private refuse dumps, landfills.
13. Scrap metal storage yard.
14. Property and buildings in the “I-3” District, when used for the above purposes, shall have

the uses thereon conducted in such a manner that all operations, display or storage of

materials shall be screened by ornamental fences, walls and/or permanent evergreen

planting that it cannot be seen from a public street.

1. Area Regulations.
2. Front and side yards. Same as “I-2” District.
3. Rear yard. When a building is to be serviced from the rear, there shall be provided an

alleyway, service court, rear yard of not less than thirty (30) feet in width to provide

for maneuver of service vehicles.

1. Heights Regulations. Same as “I-2” District.

ARTICLE III

Supplementary Regulations

Section 405.210. Purpose. [Ord. No. 1997-308 §II Art. III(1), 1-6-1998]

The provisions of this Chapter shall be subject to the exceptions, additions or modifications

provided by the following regulations.

Section 405.220. Advertising Billboards or Signs. [Ord. No. 1997-308 §II Art. III(2), 1-6-1998]

1. No billboards or signs shall be permitted in any residential district. Billboards and sign

boards will be permitted in commercial and industrial districts when utilized to advertise

business on a lot upon which a sign is located subject to the following requirements.

1. Size. Not more than twenty (20) feet high or thirty (30) feet long.
2. Setback. At least ten (10) feet from street right-of-way.
3. Maintenance. Kept properly painted, supported and cleaned.
4. Permits. Obtained from the City Clerk at charge of one dollar ($1.00) for each one

hundred (100) square feet or less.

Section 405.230. Accessory Buildings. [Ord. No. 1997-308 §II Art. III(3), 1-6-1998]

1. Accessory buildings shall be subject to the following requirements:
2. It shall not be located nearer the front lot line than the main building.
3. The minimum distance from any property line shall be five (5) feet, except within

utility easements.

Section 405.240. Public Buildings and Utilities. [Ord. No. 1997-308 §II Art. III(4), 1-6-1998]

These uses may be permitted in a district subject to such protective restrictions deemed necessary

by the City Planning Commission.

Section 405.250. Flood Plains. [Ord. No. 1997-308 §II Art. III(5), 1-6-1998]

Notwithstanding the regulations contained in any part of this Chapter, no use other than an

agricultural use, public park or parkway and public street or highway will be permitted in any

zone designated on the Zoning Map as a flood plain area unless adequate measures are taken to

protect the use from flood damage. These measures will be subject to approval by the Planning

Commission.

Section 405.260. Height. [Ord. No. 1997-308 §II Art. III(6), 1-6-1998]

The following structures will be permitted above height limits specified in other parts of this

Chapter: Tanks, church spires, skylights, steeples, flagpoles, chimneys, ventilating fans and other

appurtenances not used for human use or habitation.

Section 405.270. Area. [Ord. No. 1997-308 §II Art. III(7), 1-6-1998]

On corner lots, no fence, wall, hedge or other structure or planting more than three (3) feet in

height shall be erected, placed or maintained within the triangular area formed by the intersecting

street lines and a straight line joining said street lines at points which are sufficiently distant from

the point of intersection to provide adequate sight distance for vehicles traveling at the maximum

allowable speed of street.

Section 405.280. Annexed Territory. [Ord. No. 1997-308 §II Art. III(8), 1-6-1998]

All territory which may hereafter be annexed to the City shall be classified as an “A-1” General

Agriculture District until, within a period not to exceed ninety (90) days following the date of

annexation, the City Planning Commission shall appropriately reclassify such territory.

Section 405.290. Vacation of Public Easements. [Ord. No. 1997-308 §II Art. III(9), 1-6-1998]

Whenever any street, alley or other public easement is vacated, the district classifications of

property to which the vacated portions of land accrue shall become the classification of the

vacated land.

Section 405.300. Storage and Parking of Trailers and Commercial Vehicles. [Ord. No. 1997-308 §II

Art. III(10), 1-6-1998]

1. Commercial vehicles and trailers of all types, including travel, camping and hauling and

mobile homes, shall not be parked or stored on any lot occupied by a dwelling or on any lot

in any residential district except in accordance with the following provisions:

1. Not more than one (1) commercial vehicle, which does not exceed one and one-half

(1½) tons rated capacity per family living on the premises, shall be permitted and in

no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied

petroleum products be permitted.

2. Not more than one (1) camping or travel trailer or hauling trailer per family living on

the premises shall be permitted and said trailer shall not exceed thirty (30) feet in

length or eight (8) feet in width; and further provided that said trailer shall not be

parked or stored for more than one (1) week unless it is located behind the front yard

building line. A camping or travel trailer shall not be occupied permanently while it is

parked or stored in any area within the incorporated limits except in a travel trailer

court authorized under the Zoning Code of the City.

3. A mobile home shall be parked or stored only in a mobile home area which is in

conformity with the ordinances of the City.

4. Automotive vehicles or trailers of any kind or type without current license plates shall

not be parked or stored on any residentially zoned property other than in completely

enclosed buildings.

Section 405.310. Child Care Center. [Ord. No. 1997-308 §II Art. III(11), 1-6-1998; Ord. No.

2014-459 §1, 7-15-2014]

1. Child care centers authorized under uses permitted on review in residential districts shall

meet the following provisions:

1. The center shall be located in a single-family dwelling which is the permanent

residence of the operator and shall be operated in a manner that will not change the

character of the residence.

2. The dwelling shall contain not less than one thousand (1,000) square feet of gross

floor area where four (4) children, not members of the family, are provided for; and

the dwelling shall be increased by one hundred (100) square feet of gross floor area

for each child more than four (4) provided for within the dwelling. The floor area of

an attached garage shall not be included in determining gross floor area of the

dwelling.

3. The dwelling shall meet City-County Health Department requirements as to safety,

design, facilities and equipment and other features.

4. The dwelling shall be located on a lot having not less than twelve thousand (12,000)

square feet of area, and all portions of said lot used for outdoor play space shall be

fenced with an opaque, ornamental fence not less than forty-two (42) inches in height.

5. The center shall be operated in a manner that will not adversely affect other properties

and uses in the area.

Section 405.320. Off-Street Automobile and Vehicle Parking and Loading. [Ord. No. 1997-308 §II

Art. III(12), 1-6-1998]

1. General Intent And Application. It is the intent of these requirements that adequate parking

and loading facilities be provided off the street for each use of land within the City.

Requirements are intended to be based on the demand created by each use. These

requirements shall apply to all uses in all districts.

1. Application Procedure.
2. In all districts, in connection with every use, sufficient off-street parking spaces shall

be provided to accomplish the principles set forth in this Chapter and to meet the

parking demands generated by residents, employees, company officials, company

vehicles and customers. Required parking spaces shall be located on the lot on which

the principal use is located except as provided in this Section.

2. Each application for a building permit or variance shall include plans for at least the

minimum number of parking spaces as herein required. Plans shall include

information as to location and dimensions of off-street parking spaces and the means

of access to the spaces. The Administrative Official shall not approve any application

until he/she determines that the requirements of this Chapter are met in the plans.

3. Each parking space shall contain not less than two hundred (200) square feet in area

exclusive of access and circulation aisles. Areas normally used for drive-in customer

service such as drive-in windows and gas pump service areas shall not be counted as

required parking spaces.

4. If the off-street parking space required by this Chapter cannot reasonably be provided

on the lot on which the principal use is located, such space may be provided on any

land within two hundred (200) feet, exclusive of street and alley widths, of the

principal building or use. The principal use shall be permitted to continue only as

long as its parking requirements are met.

1. Minimum Spaces. The minimum number of required spaces shall be detained by the

following criteria. (In addition, a developer shall evaluate his/her own needs to determine if

they are greater than the minimum specified in this Chapter.)

1. Uses permitted in an “A-1”, “R-1”, “R-2”, “R-3” or “R-4” and “M” Zoning District.
2. Single-family dwellings. Two (2) parking spaces per dwelling unit.
3. Two-family dwellings. Two (2) parking spaces per dwelling unit.
4. Multi-family dwellings. Two (2) parking spaces per dwelling unit.
5. Churches. One (1) parking space for each four (4) seats in the principal place of

assembly.

1. Home occupation. Minimum of three (3) parking spaces which may include

residential spaces.

1. Public buildings.

(1) Schools. One (1) space for each staff member and employee. In the case of

secondary schools, one (1) additional parking space for each eight (8)

students in grades 9 — 12 shall be provided.

(2) Community centers, libraries, galleries and museums. Ten (10) parking

spaces plus one (1) additional parking space for each three hundred (300)

square feet of floor area.

(3) Stadiums. One (1) parking space for each three (3) spectator seats.

1. Hospitals. One (1) parking space for each employee and one (1) additional

space for each four (4) patient beds.

1. Golf course. Forty (40) parking spaces.
2. Uses permitted in a “C-1”, “C-2” or “C-3” Zoning District.
3. Single-family dwellings. Two (2) parking spaces per dwelling unit.
4. Two-family dwellings. Two (2) parking spaces per dwelling unit.
5. Multi-family dwellings. Two (2) parking spaces per dwelling unit.
6. Public buildings. Same as Subsection (C)(1)(f) above.
7. Rooming houses and boarding houses. Two (2) parking spaces and one (1)

additional space for each roomer or boarder.

1. Retail business and service establishments. One (1) space for each company

vehicle and one (1) space for each two hundred (200) square feet of gross floor

area.

1. Service stations. Two (2) parking spaces for each gas pump and three (3) spaces

for each grease rack.

1. Restaurant, cafe, nightclub or similar establishment. One (1) parking space for

every two (2) employees and one (1) additional space for each one hundred

(100) square feet of gross floor area.

1. Office building, banks and similar institutions. One (1) parking space for each

two hundred (200) square feet of gross floor area.

1. Auto sales and garages. One (1) parking space for each employee and four (4)

spaces for each maintenance stall.

1. Pool halls, bowling alleys and similar recreational facilities. One (1) parking

space for each two hundred (200) square feet of gross floor area.

1. Funeral homes. One (1) parking space for each fifty (50) square feet of gross

floor area.

1. Motels and hotels. One (1) space for each employee and one (1) parking space

for each rental unit.

1. Theaters. One (1) space for every two (2) seats.
2. Uses permitted in an “I-1”, “I-2” or “I-3” Zoning District.
3. Manufacturing industries. One (1) parking space for each employee on the

largest shift and one (1) space for each company vehicle.

1. Wholesale, retail and commercial storage. One (1) parking space for each

employee and one (1) space for each company vehicle stored at the site.

1. Additional Requirements.
2. Where fractional spaces result, the parking spaces required shall be construed to be

the nearest whole number.

2. The parking space requirement for a use not specifically mentioned herein shall be

the same as required for a use of similar nature as determined by the Planning

Commission.

3. Whenever a building or use constructed or established after the effective date of this

Chapter is changed or enlarged in floor area, number of employees, number of

dwelling units, seating capacity or otherwise to create a need for an increase of ten

percent (10%) or more in the number of existing parking spaces, such spaces shall be

provided on the basis of the enlargement or change. Whenever a building or use

existing prior to the effective date of this Chapter is enlarged to the extent of fifty

percent (50%) or more in floor area or in the area used, said building or use shall then

and thereafter comply with the parking requirements set forth herein.

4. In the case of mixed or joint uses, the parking spaces required shall equal the sum of

the requirements of the various uses computed separately.

1. Parking Not Located On The Same Lot. All parking spaces required herein shall be located

on the same lot with the building or use served, except that where an increase in the

number of spaces are provided collectively or used jointly by two (2) or more buildings or

establishments, the required spaces may be located and maintained not to exceed two

hundred (200) feet from the building served.

1. Up to fifty percent (50%) of the parking spaces required for:
2. Theaters, public buildings, bowling alleys, dance halls, nightclubs or cafes and

up to one hundred percent (100%) of the parking spaces required for a church or

school auditorium may be provided and used jointly by,

1. Banks, offices, retail stores, repair shops, service establishments and similar

uses not normally open, used or operated during the same hours as those listed

in (a); provided however, that written agreement thereto is properly executed

and filed as specified below.

2. In any case where the required parking spaces are not located on the same lot with the

building or use served or where such spaces are collectively or jointly provided and

used by more than one (1) business a written agreement thereby assuring their

retention for such purposes, shall be properly drawn and executed by the City

Attorney and shall be filed with the application for a building permit.

3. Off-street parking space may be located within the required front yard of any “C” or

“I” Zoning District, but no off-street parking shall be permitted in the required front

yard of an “R” Zoning District, except upon a driveway providing access to a garage,

carport or parking area for a dwelling.

1. Size Of Off-Street Parking Space. The size of a parking space for one (1) vehicle shall

consist of a rectangular area having dimensions of not less than ten (10) feet by twenty (20)

feet plus adequate area for ingress and egress.

1. Off-Street Loading Requirements. Every building or part thereof erected or occupied for

retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other

use similarly involving the receipt or distribution by vehicles of materials or merchandise

shall provide and maintain on the site premises off-street loading space in accordance with

the following requirements:

1. Within any “C-2” and “C-3” Zoning District, one (1) loading space for each ten

thousand (10,000) square feet of gross floor area.

2. Within any “I-1” or “I-2” Zoning District, one (1) loading space for each fifteen

thousand (15,000) square feet of gross floor area.

3. For the purpose of this Section, an off-street loading space (exclusive of adequate

access drives and maneuvering space) shall have minimum dimensions of twelve (12)

feet by forty (40) feet and an overhead clearance of fourteen (14) feet in height above

the alley or street grade.

1. Off-Street Parking Lot Construction And Maintenance.
2. Lots in residential districts. Whenever off-street parking lots for more than six (6)

vehicles are to be located within or adjacent to a residential district, the following

provisions shall apply:

1. All sides of the lot abutting the residential district shall be enclosed with an

opaque, ornamental fence, wall or dense evergreen hedge having a height of not

less than five (5) nor more than six (6) feet. Such fence, wall or hedge shall be

maintained in good condition.

1. No parking shall be permitted within a front yard setback line established ten

(10) feet back of the property line of interior and corner lots wherever the

parking lot is located in a residential unit. In all other cases no setback shall be

required; provided however, that on any corner lot formed by two (2)

intersecting streets, no parking shall be permitted, and no wall, fence, sign,

structure or plant growth having a height in excess of three (3) feet above the

elevation of the crown of the adjacent roadway surface shall be maintained in a

triangle formed by measuring a distance of thirty (30) feet along said front and

side lot lines, from their point of intersection, and connecting the points so

established to form a triangle on the area of the lot adjacent to the street

intersection.

1. All of the lot used for parking and driveway purposes shall be paved with a

sealed surface pavement and maintained in such a manner that no dust will be

produced by continued use.

2. Paved surface required. All parking spaces required under the provisions of this

Chapter shall be paved with a sealed surface pavement and maintained in a manner

that no dust will result from continued use.

Section 405.330. Court Requirements For Multiple-Family Dwellings. [Ord. No. 1997-308 §II Art.

III(13), 1-6-1998]

1. Whenever a multiple-family dwelling or group of multiple-family dwellings is designed

with an inner or outer court, the following requirements shall be complied with:

1. Outer court width. The width of an outer court upon which windows open shall be not

less than fifteen (15) feet or equal to the height of the opposing wall, whichever is

greater; and in no case shall an outer court be less than ten (10) feet in width or equal

to seventy percent (70%) of the height of the opposing wall, whichever is greater.

2. Inner court width. The width of an inner court of a multiple-family dwelling shall be

not less than two (2) times the height of the lowest wall forming the court, but in no

case shall it be less than twenty (20) feet.

3. Passageway for inner court. An open unobstructed passageway shall be provided.

Such passageway shall be not less than six (6) feet in width, shall have a clearance of

not less than eight (8) feet in height and shall provide a straight and continuous

passage from the inner court to a yard or open space having a direct connection with a

street.

Section 405.340. Park and Open Space Requirements For Dwelling Units Under Residential

Zoning. [Ord. No. 1997-308 §II Art. III(14), 1-6-1998]

Prior to issuance of a building permit, the developer of any residential dwelling units shall

dedicate to the City open space and park land equivalent to one (1) acre per each two hundred

(200) equivalent population. This equivalent population shall be based on three and one-half

(3.5) people per “R-1” and “R-2” dwelling units and two and one-half (2.5) people per dwelling

unit in “R-3” and “R-4”. The park land and open space must be acceptable to the Planning

Commission and shall be compatible with the City plan. In lieu of dedicating the open space and

park ground to the City, the developer may elect to pay an additional forty dollar ($40.00) fee per

dwelling unit at the time of issuance of the building permit.