CHAPTER 165 – Zoning Regulations

CHAPTER 165

ZONING REGULATIONS

165.01 Short Title 165.15 Reconstruction of Nonconforming Use
165.02 Purpose 165.16 Nonconforming Use Discontinued
165.03 Definitions 165.17 Partial Nonconforming Use Discontinued
165.04 Establishment of Districts 165.18 Permit Required
165.05 Application of Regulations 165.19 Application for Permit
165.06 Class R-1 Residential Districts 165.20 Permit Issued or Denied
165.07 Class C-1 Commercial-Business Districts 165.21 Fences and Hedges in R-1, C-1 and I-1 Districts
165.08 Class I-1 Industrial Districts 165.22 Fences in A-1 Agricultural Districts
165.09 Class A-1 Agricultural Districts 165.23 Water and Sewer Service Required
165.10 Board of Adjustment Created 165.24 Enforcement
165.11 Board of Adjustment – Procedure 165.25 Interpretation, Purpose and Conflict
165.12 Storage of Gas 165.26 Penalty
165.13 Parking and Unloading Regulations 165.27 Additional Remedies
165.14 Nonconforming Uses Continued 165.28 Garage Sales

165.01    SHORT TITLE. This chapter shall be known and may be cited as “Zoning Ordinance of the City of Melcher-Dallas, Iowa.”

165.02    PURPOSE. The purpose of this chapter is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to regulate the use of land, to promote the health, morals, safety and general welfare in the City of Melcher-Dallas, Iowa.

165.03    DEFINITIONS. For the purpose of this chapter, the word “lot” includes the words “plot or parcel,” and the words “used or occupied,” as applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied.” The following terms or words used herein shall be interpreted or defined as follows:

  1. “Accessory building” means any building designed and used, or intended to be used as an accessory to the permitted use named in each of the zoned districts, as set out in this chapter. Buildings include, among other things, garages, sheds, and pet confinements.

  2. “Administrative Officer” means the Clerk or such other person appointed by the Council to enforce the provisions of this chapter.

  3. “Dwelling” means any building or portion thereof which is designed for use exclusively for residential purposes, but not including a tent, trailer or trailer coach.

  4. “Manufactured Home” means a factory-built family dwelling, which is manufactured or constructed under the authority of 42 U.S.C., Section 5403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation but which is constructed with a permanent hitch or other devices allowing it to be moved other than the purpose for moving it to a permanent site and which does not have attached permanently to its body a frame, any wheel, or axis. A mobile home is not a manufactured home unless it has been converted to real estate, meets all standards hereinafter set forth with reference to dimension, roof, and room size, and is taxed as a building site dwelling. For the purpose of these regulations, manufactured homes shall be considered the same as any site-built family dwelling.

  5. “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or Federal seals.

(Code of Iowa, Sec. 435.1)

  1. “Mobile home park” means any site, lot, field or tract of land under common ownership upon which two (2) or more occupied mobile homes, manufactured homes, modular homes (or a combination of such homes) are harbored, either free of charge or for revenue purposes, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park. The term “mobile home park” is not to be construed to include mobile homes, buildings, tents or other structures temporarily maintained by any individual, educational institution or company on their own premises and used exclusively to house their own labor or students.

  2. “Modular Home” means factory-built housing certified as to meet the State Building Code as applicable to modular housing. Modular housing is not built on a chassis and, once certified by the State, may be placed anywhere that a similar site-built house may be located.

  3. “Structure” means a combination of materials other than a building to form a construction that is safe and stable and includes among other things stadiums, platforms, radio towers, storage bins, signs and satellite dishes.

165.04    ESTABLISHMENT OF DISTRICTS. The City is hereby divided into the following types of districts:

  1. Class R-1 Residential Districts – residential districts.

  2. Class C-1 Commercial Districts – retail business districts and commercial use.

  3. Class I-1 Industrial Districts – any type of manufacturing or other similar plant areas in the City.

  4. Class A-1 Agricultural Districts – any area district used for raising crops, (corn, beans, oats, alfalfa, wheat).

Such districts are bounded and defined as shown on a map entitled, “Zoning Map of the City of Melcher-Dallas, Iowa,” which map is hereby made a part of and incorporated into this chapter with all explanatory matter therein.

See EDITOR’S NOTE at the end of this chapter for ordinances amending the zoning map

165.05    APPLICATION OF REGULATIONS. Except as hereinafter provided:

  1. Compliance Required. No building or land hereafter shall 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. Limitations. No building shall hereafter be erected or altered:

  1. To exceed the height,

  2. To accommodate or house a greater number of families,

  3. To occupy a greater percentage of lot area, or

  4. To have narrower or smaller rear yards, or inner or outer courts

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

  1. Yard Requirements. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

165.06    CLASS R-1 RESIDENTIAL DISTRICTS.

  1. Permitted Uses. The following uses of land are permitted in all Class R-1 Residential Districts:

  1. One and two family dwelling units.

  2. Churches, places of worship, parochial schools and undertaking establishments.

  3. Public schools, public libraries, parks, playgrounds.

  4. Public or private baseball fields.

  5. Multiple family dwellings/apartment buildings shall consist of a maximum number of 12 units. There shall be adequate off-street parking which allows for one and one-half (1½) spaces per apartment. The apartment building shall not exceed a height of 32 feet and shall meet all the setback requirements from the lot lines.

  6. Greenhouses and customary agricultural operations (gardening), but no livestock or fowl are to be raised in this district.

  7. All home based businesses/hobbies provided that there are no signs or other evidence of such use other than a small announcement or professional sign not over (3′ x 3′) in size.

  8. Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity conducted as a business.

  1. Height of Buildings. No dwelling or other structure shall be erected to a height in excess of thirty-two feet (32′) from the highest ground level, at the building foundation.

  2. Density of Population. Lot area shall not be less than 7,000 feet square and lot width not less than 50 feet. There shall be no more than one dwelling house, modular home or manufactured home placed on each lot of the above size and the dwelling body shall not be less than 20 feet wide.

  3. Percentage of Lot Covered by Buildings, Dwelling and Other Structures. All dwellings or other structures, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.

  4. Yards, Courts and Open Spaces. Each lot shall have front, side, and rear yards not less than the following depth and width:

  1. Front yard depth to align with surrounding residences but not less than 15 feet; where lots have a double frontage, the required front yard shall be provided on both streets.

  2. Each side yard width – 10 feet (eave of structure).

  3. Rear yard depth – 20% of the depth of the lot for dwellings.

  4. No accessory building, excluding a garage, shall be erected in any yard other than a rear yard, except as provided herein. Portable accessory buildings that are moveable and on skids shall be a distance at least five feet (5′) from alley lines or easement lines and five feet (5′) from lot lines of adjoining lots which are in an “R-1” District. Permanent accessory buildings (such as garages and pole buildings) shall be a distance at least five feet (5′) from alley lines or easement lines and ten feet (10′) from lot lines of adjoining lots which are in an “R-1” District. On a corner lot they shall conform to the fifteen feet (15′) setback regulations on the front yard depth. Accessory buildings must be erected separately from and five feet (5′) distance (into the rear yard) from the principal building and may not be connected by a breeze-way or similar structure. Any building so connected to the principal building shall be considered a part of the said principal building and must meet the space requirements thereof. An accessory building shall not occupy more than thirty percent (30%) of the rear yard and shall not exceed twelve feet (12′) in height in any R-1 District.

  5. Garage or pole building eaves must not exceed fourteen feet (14′) in height and doors must not exceed twelve feet (12′) in height and must meet established setback requirements. All driveways will be eighteen inches (18″) from adjoining lot lines. (Ord. 132 – Apr. 16 Supp.)

165.07    CLASS C-1 COMMERCIAL-BUSINESS DISTRICTS. The following regulations apply in all general business districts, otherwise known as Class C-1 Commercial-Business Districts.

  1. Permitted Uses.

  1. Stores and shops for the conducting of any lawful retail business.

  2. Personal service shops.

  3. Banks, theaters, offices or restaurants.

  4. Garages and filling stations upon the approval of the Board of Adjustment and subject to the following provisions:

(1) Pumps, lubricating or other devices are located at least 20 feet away from any street line or highway right-of-way.

(2) All fuel, oil or similar substances are stored at least 20 feet distant from any street or lot line.

  1. The following wholesale businesses will be allowed: storage in bulk of, or warehouses for, such material as building material, contractor’s equipment, farm equipment and implements, clothing, drugs, food, hardware.

  2. The wholesale or bulk storage of petroleum and other explosive or combustible mixtures is permitted subject to conformance to the following rules and regulations established by the Fire Chief and fire or safety ordinances pertinent to the storage of such products and further rulings by the State Fire Marshal.

(1) Six-foot chain link fence surrounding the tanks with a securely locked gate.

(2) Twenty-pound fire extinguisher on the site.

(3) Thirty-two-inch elevated dock.

(4) Vegetation killed 10 feet back from the dock.

(5) Safety caps present at all times, on all tanks.

(6) A maximum of 25 100-pound or smaller cylinders, no more than 5 full on the docks.

(7) No smoking signs on the property, erected per the State Fire Marshal.

(8) Annual inspection by the owner’s insurance carrier.

  1. Other Uses Permitted:

  1. Advertising signs and billboards.

  2. Amusement places.

  3. Apartments. Apartments shall only be allowed an the upper floor or level of the structures within the C-1 Commercial-Business District. All upper level apartments shall have an entrance access from the rear and a minimum area of 20 feet wide by 25 feet long for parking per apartment. Under no circumstances shall there be any living quarters on the ground level of any structure existing or built in the future within the C-1 Commercial-Business District.

  4. Auction houses.

  5. Bakeries.

  6. Electric repair shops.

  7. Freight stations.

  8. Hotels. Hotels shall be upper level not ground level. The hotel can be monitored by a clerk on the street level of the building of which the hotel is a part; the area for the clerk is not to be in excess of 150 square feet.

  9. Laundries.

  10. Blacksmith and locksmith shops.

  11. Telegraph service stations.

  12. Painting and decorating shops.

  13. Photographic galleries.

  14. Plumbing shops.

  15. Printing shops.

  16. Post offices.

  17. Police and fire department stations.

  18. Railroad passenger station.

  19. Recreation buildings and structures.

  20. Roofing or plastering shops or both.

  21. Sales and/or show rooms.

  22. Shoe repair shops.

  23. Undertaking establishments.

  24. Other uses which are of the same general character as those listed above as permitted uses and which will not be detrimental to the district in which they are located.

  1. Materials. No building shall be constructed, renovated or reconstructed of a material other than with a masonry front, with the remainder of fireproof construction, the material of which shall be approved by the City Council.

  2. Prohibited. All ground floor residential uses shall be prohibited.

  3. Building Height Limit. No building shall be erected to a height in excess of thirty-two (32) feet within Class C-1 Commercial-Business District. The only exception to this shall be the local grain elevator, wind turbines and towers.

165.08    CLASS I-1 INDUSTRIAL DISTRICTS. The following regulations apply in all Class I-1 Industrial Districts:

  1. Permitted Uses.

  1. All uses not otherwise prohibited by law except any residential use, or uses otherwise prohibited by ordinance.

  2. Junk yards or automobile wrecking yards, scrap paper or rag storage. Sorting or bailing must be entirely enclosed within a fence, minimum of ten (10) feet or by other means of concealment as approved by the Board of Adjustment.

  1. Uses Prohibited. All uses of land, buildings and structures or industrial processes that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibrations or similar substances or conditions. In general, those uses which have been declared a nuisance in any court of record or which may be unreasonably obnoxious, unhealthful or offensive by reason of the emission of odor, dust, smoke or noise shall be prohibited.

  2. Building Height Limit. No building in this district shall exceed two (2) stories or thirty-two (32) feet in height.

See EDITOR’S NOTE at the end of this chapter for ordinances amending the zoning map.

165.09    CLASS A-1 AGRICULTURAL DISTRICTS.

  1. Permitted Uses. The following uses of land are permitted in all Class A-1 Agricultural Districts:

  1. Single family dwelling.

  2. Appropriate farm-agricultural buildings.

  3. Raising of common seasonal crops (corn, soybeans, wheat, oats, alfalfa).

  4. Seasonal storage of grain.

  1. Land Uses Not Permitted.

  1. Application of hog waste.

  2. Any type of large hog, cattle, sheep, horse, confinement, feed lots, exotic animals, raising operation.

  1. Building Height Limit. No structure shall exceed the height of thirty-two feet (32′) unless it is deemed approved by the Board of Adjustment prior to construction of a new structure.

  2. Factory Built Dwellings. A mobile home or manufactured home which is located outside a mobile home park shall be converted to real estate and installed to the same standards, including but not limited to a permanent foundation system (frost footings and foundation walls, pad and pier foundation, basements), setback and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. The material used for perimeter below the floor line of the manufactured home shall visually resemble a perimeter of poured concrete, concrete block, stone, brick, vinyl or similar to material in the surrounding area.

  1. Dealer’s Stock. Mobile, modular or manufactured homes on private property as part of a dealer’s or a manufacturer’s stock not used as a place for human habitation.

  2. Existing Homes. A taxable mobile home, manufactured home or modular home which is located outside of a mobile home park as of January 1, 1995, shall be assessed and taxed as real estate, but is exempt from the permanent foundation requirement of this chapter until the home is relocated.

165.10    BOARD OF ADJUSTMENT CREATED. A Board of Adjustment is hereby created. The Board of Adjustment shall consist of five (5) members, each to be appointed by the Council for staggered terms of five (5) years. The Board shall elect a Chairperson from its membership and appoint a Secretary. Matters of procedure, power and judicial review relating to this Board are regulated by statute.

165.11    BOARD OF ADJUSTMENT – PROCEDURE.

  1. Variances. Where an application for a variation of any part of this chapter is made to the Board, in which it is alleged that practical difficulties or particular hardships not intended or not common to other property owners will be imposed by the strict application of the terms of this chapter, the Board may make a variation in the application of the regulations established by this chapter. No variation in the application of the provisions of this chapter shall be made unless and until the Board shall be satisfied that granting the variation will not:

  1. Merely serve as a convenience to the applicant and is not necessary to alleviate demonstrable hardship or difficulty so great as to warrant the variation.

  2. Impair the general purpose and intent of the regulations and provisions contained in this chapter.

  3. Impair an adequate supply of light and air to adjacent property.

  4. Increase the hazard from fire and other danger to said property.

  5. Diminish the value of land and buildings in the City.

  6. Increase the congestion and traffic hazards on public streets.

  7. Otherwise impair the public health, safety and general welfare of the inhabitants of the City.

All requests for a variance shall be accompanied by proof of the property being surveyed by a licensed surveyor within the State of Iowa.

  1. Limitation. It is not the intention to grant the Board the power or authority to alter or change the Zoning Ordinance or the District Maps. Such power and authority rests solely with the Council, in the manner hereafter provided and in accordance with the laws of the State of Iowa.

  2. Hearing. Before making a recommendation on an appeal, the Board shall conduct a public hearing. A reasonable time and place for the hearing shall be selected by the Board, and due notice by letter shall be given to all owners of the property located within five hundred feet (500′) in all directions from the property for which the variation is being sought. The letters shall state the location of the property and a brief description of the nature of the appeal, and shall state the time and place of the public hearing.

165.12    STORAGE OF GAS. No storage tank of propane or similar gases shall be located closer than ten (10) feet to the nearest lot line.

165.13    PARKING AND UNLOADING REGULATIONS. Any building erected or converted to any commercial or industrial use shall provide one space, with minimum dimensions of 12 feet x 50 feet, for loading or unloading of trucks either with the building or upon the lot of every building containing 10,000 square feet or less. One additional loading space shall be provided for each additional 10,000 square feet of gross floor area or fraction thereof.

165.14    NONCONFORMING USES CONTINUED. The lawful use of a building existing at the time of the adoption of the ordinance codified in this chapter may be continued even though such use does not conform with the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a building of the same or more restricted classification. The foregoing provisions also apply to nonconforming use of a building which has been changed to a more restricted use or to a conforming use; such use shall not thereafter be changed to a less restricted use.

165.15    RECONSTRUCTION OF NONCONFORMING USE. No building which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than sixty percent (60%) of its value shall be restored except in conformity with the regulations of this chapter.

165.16    NONCONFORMING USE DISCONTINUED. In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one (1) year, the use of the same shall thereafter conform to these regulations.

165.17    PARTIAL NONCONFORMING USE DISCONTINUED. In the case of a nonconforming use occupying only a portion of a building or premises, if discontinued or its normal operation stopped for a period of one (1) year, the use of same shall thereafter conform to the regulations of the district in which it is located.

165.18    PERMIT REQUIRED. A written permit shall be obtained from the Administrative Officer before starting or proceeding with any of the following, in areas hereafter established and zoned.

  1. Excavating for any building or structure.

  2. Erecting, constructing, reconstructing, enlarging.

  3. Changing the use or occupancy of any building, structure or land from one classification to another.

  4. Changing a nonconforming use to another nonconforming use, to alter a nonconforming use building (exterior or interior), for the purpose of this chapter, advertising signs, billboards, fences which cannot be viewed through, and concrete, stone or masonry walls shall require permits.

165.19    APPLICATION FOR PERMIT. Written application on approved forms shall be filed with the Administrative Officer and shall state the legal description of the property as of public record and the names of owners and applicants, shall describe the uses to be established or extended, and shall give such other information as may be required for the enforcement of this chapter. Each application shall be accompanied by a dimensioned drawing of the lot showing the location of buildings and by one set of plans of buildings to be constructed.

165.20    PERMIT ISSUED OR DENIED. The Administrative Officer shall issue a written permit or denial thereof with reasons in writing, within fifteen (15) days of the date of the filing of the application. In the event that the permit or denial thereof is not issued within thirty (30) days, the applicant may appeal directly to the Zoning Board Of Adjustment which shall order the issuance of a permit or denial thereof with reasons in writing. Except where an extension has been obtained in writing from the Administrative Officer, permits shall expire within ninety (90) days or other date set by the Administrative Officer, if a substantial beginning has not been made in the construction of the establishment of the use applied for, and within one year if not completed.

165.21    FENCES AND HEDGES IN R-1, C-1, and I-1 DISTRICTS.

  1. Permit Required. A building permit for the construction or placement of any fence shall be required. A property plat survey must be attached to the permit, and visual verification of the survey pins prior to approval of the permit.

  2. Materials. Fencing material shall conform to one of the following:

  1. Chain-link (with steel posts and steel horizontal support members).

  2. Wood material make-up such as board and batten, reverse board and batten, vertical dog-eared, alternating vertical boards side to side, solid vertical boards one side, solid vertical boards both sides, with posts (square, rectangular, round, oval) when placed into the ground make a straight vertical rise from the ground and a split-rail type fence.

  3. Woven wire fencing can be used if attached to wooden posts as described above.

  4. No galvanized metal type of material, close mesh material may be used in R-1 Residential District.

  5. Hedge, bushes, shrubs, and approved PVC fencing products.

  1. Heights. No fence shall be higher than six (6) feet above the ground level in any residential zone.

  2. Corner Lots. No fence or hedges or other obstruction shall be erected, including any trees, bushes, or plantings which are higher than eighteen (18) inches above the curb level, which is located in any portion of the front or side yard area within twenty (20) feet of the lot corner formed by the intersection of any two street lines. This shall not prohibit trees, bushes or plantings only within that area more than twenty (20) feet from the lot corner of the intersection of any two lot lines. A corner lot may have two front yards.

  3. Front Yards. No fence or hedge shall be constructed between the building line and the street line that is higher than three (3) feet and more than ten percent (10%) solid.

  4. Side Yards. No fence or hedge shall be constructed on or over the property line or exceeding six (6) feet in height.

  5. Rear Yards. No fence or hedge shall be constructed:

  1. Within three (3) feet of the surveyed property line when abutting an alley.

  2. On or over the property line when properties abut.

  3. Within one (1) foot of any easement (utility, etc.).

  4. No fence or hedge shall be any height exceeding six (6) feet.

  5. No barbed wire is allowed.

  1. Swimming Pool Enclosures.

  1. Definition. The term “swimming pool” as used in this section means any artificial body of water that is capable of holding a depth of twenty-four (24) inches or more.

  2. Regulations. All present swimming pools that fall under the description given in paragraph A that do not have some kind of fence around them and any hereafter constructed outdoor swimming pools shall be completely surrounded by a fence or wall at least six (6) feet in height. A building permit must be obtained for both the swimming pool and the fence. Such fence or wall shall be non-climbable and shall be constructed and maintained so that the enclosed pool is as inaccessible to small children as is reasonably possible. The bottom of the fence shall be at grade with no clearance between the bottom of the fence and the ground along the entire perimeter of the fence. Each fence shall be constructed with rigid frames at both the top and bottom of the fence and with vertical slats separated by a gap of no more than one quarter (¼) inch. All persons constructing such a swimming pool shall so enclose the same before commencing to fill the pool. All swimming pools, including any attached decks, may not be closer than five (5) feet to any property line or easement line. As used in this subsection the term “fence” shall be interpreted to include walls and fences constructed of wood or approved chain link. The regulations contained in this subsection (Swimming Pool Enclosures) are in force only for this subsection and do not conform with other zoning ordinances pertaining to fences.

  3. Gates. All gates or doors opening to the swimming pool shall be equipped with a self-closing and self-latching device with locking provisions for keeping the gate or door securely closed at all times when not in actual use.

  4. Liability of City. Nothing contained in any provisions of this section shall be construed to impose liability on the City or any of its officials for the design or maintenance of a fence or wall or gate or door openings or the waiver of any requirements of this section.

165.22    FENCES IN A-1 AGRICULTURAL DISTRICTS. A permit is required for the placement of perimeter fences. Fences in A-1 Districts shall conform to State law.

165.23    WATER AND SEWER SERVICE REQUIRED. No permit shall be issued for construction of structures to be used for human habitation unless a detailed description of the water supply and sewage disposal system shall be approved by the City or County health officer, in accordance with the rules of said department.

165.24    ENFORCEMENT. The Clerk shall serve as Administrative Officer, whose duty it shall be to enforce this chapter, unless and until the Council decides to appoint another to the position of Administrative Officer. Appeal from the decision of the Administrative Officer may be made to the Board of Adjustment.

165.25    INTERPRETATION, PURPOSE AND CONFLICT. The provisions of this chapter shall control when this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by previously or hereafter adopted or issued ordinances, resolutions, rules and regulations, or permits, easements or other agreements between parties, not in conflict with any of the provisions of this chapter and which have been or shall be adopted or issued pursuant to law. The provisions of this chapter shall be interpreted and applied as the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare.

165.26    PENALTY. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall, upon conviction be punished as provided by law.

165.27    ADDITIONAL REMEDIES. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the proper authority of the City, in addition to other remedies, may institute any proper action or proceedings in the name of the City to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violations, to prevent the occupancy of such building, business or use in or about said premises.

165.28    GARAGE SALES. Yard and garage sales, flea markets and other sales for more than five consecutive days or more than two times a calendar year are not permitted except for the Merger Days and Coal Miners Day when all yard and garage sales, flea markets and other sales are permitted. All such sales must be operated so as not to create a nuisance from scattered and/or windblown items.

(Ord. 123 – Mar. 15 Supp.)

 

ORDINANCE NO. DATE ADOPTED DESCRIPTION
122 December 8, 2014 Rezoning from R-1 to C-1
135 September 12, 2016 Adopting new zoning map