[Ord. No. 338 Art. VII §A, 11-14-1991; Ord. No. 353 §2, 8-25-1992]
In "R-1" and "R-2" Zoning Districts, fences not in excess of six (6) feet in height may be built on the boundaries of that portion of any lot which comprises the "yard" of such lot as defined by this Chapter.
[Ord. No. 338 Art. VII §B, 11-14-1991]
Every building hereafter erected, moved or structurally altered shall be located on a lot and in no case shall there be more than one (1) principal building and its customary accessory buildings on any lot, except in the case of a specially designed complex of institutional, residential, commercial or industrial buildings in an appropriate zoning district. The development plan for a school campus, cluster housing, shopping center or industrial park shall be approved by the Planning Commission before the building permits are issued.
[Ord. No. 338 Art. VII §C, 11-14-1991]
Where a lot of record at the time of the effective date of this Chapter, November 14, 1991, has less area or width than herein required in the district in which it is located, the owner of such lot does not own any other parcel adjacent thereto, said lot may nevertheless be used for a single-family dwelling provided that residential uses are a permitted use in the district.
[Ord. No. 338 Art. VII §D, 11-14-1991; Ord. No. 353 §2, 8-25-1992]
No accessory building shall be constructed upon a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on a lot is completed and used. Any accessory building two hundred twenty-five (225) square feet or smaller, and single story, must be placed a minimum of six (6) feet from the side yard and three (3) feet from the rear line of the property. Any accessory building over two hundred twenty-five (225) square feet, or any square feet of building of two (2) or more stories must be placed a minimum of six (6) feet from the side yard and six (6) feet from the rear line of the property.
[Ord. No. 338 Art. VII §E, 11-14-1991]
On a corner in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2½) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of intersection.
[Ord. No. 338 Art. VII §F, 11-14-1991; Ord. No. 353 §2, 8-25-1992]
Automobile vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any zoned property other than in completely enclosed buildings.
[Ord. No. 338 Art. VII §6, 11-14-1991; Ord. No. 387 §§5 — 6, 9-22-1994]
The types of signs permitted in each district shall be as follows:
Districts "R-1" and "R-2".
One (1) sign not exceeding thirty-six (36) square feet referring to the construction, rent or sale of a building or subdivision lot which sign shall refer to the property on which the sign is located and shall be removed as soon as the premises are sold, rented or construction is completed.
Illuminated signs. Illuminated signs are permitted only in the "B-1", "I-1" and "I-2" Districts provided however, that lights illuminating the signs shall not be so installed as to project into residential districts.
Temporary signs — non-profit. Temporary signs will be allowed to be erected fifteen (15) days prior to an event and must be removed no later than seven (7) days after event is over. The City Clerk must be advised that a sign will be erected prior to doing so. There will be no permits or fees required. This will be permitted in all zoned districts.
Garage/yard sale signs. Garage/yard sale signs will be allowed to be erected three (3) days prior to the event and must be removed no more than two (2) days after the event is over. The signs must contain the street address, day and month on the sign face. If dates are not complied with the resident located at the address on the sign will be subject to citation and fine. Signs will be removed if all required information is not stated on sign when erected. This will be permitted in all zoned districts.
[Ord. No. 353 §2, 8-25-1992]
Any lot in any district shall have the minimum lot frontage abutting a public street as provided in the district in which it is located. The only exception to this requirement may be in a Planned Unit Development. In addition, any building placed on any lot or parcel shall be placed so as to face its principal frontage upon a street, or upon an officially approved place.
[Ord. No. 353 §2, 8-25-1992]
All pools must be six (6) feet from side yard and three (3) feet from rear line of property. Residents must notify City of Gerald of intention so that utility easements may be checked.
[Ord. No. 353 §2, 8-25-1992]
No permit is needed for construction of a retaining wall, but owner must notify City of Gerald of intention, so that utility easements may be checked.
[Ord. No. 598 §2, 8-24-2006]
Purpose. It is the purpose of this Section to regulate sexually oriented businesses and related activities to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually orientated business within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor the effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene materials. The general welfare, health, morals and safety of the citizens of this City will be promoted by the enactment of this Chapter.
Definitions. For the purposes of this Section, the following terms shall be deemed to have the meaning indicated below:
- ADULT ARCADE
- Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
- ADULT BOOKSTORE OR ADULT VIDEO STORE
- A commercial establishment that, as one (1) of its principal business purposes, offers for sale or rental, for any form of consideration, any one (1) or more of the following:
- 1. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides, DVDs, CDs, or other visual representations that depict or describe the "specified sexual activities" or "specified anatomical areas", or
- 2. Instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities". A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas". A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
- ADULT CABARET
- A commercial establishment which offers for sale liquor by the drink and allows display of "specified sexual activities" or "specified anatomical areas".
- ADULT MOTION PICTURE THEATER
- A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, DVDs, CDs or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
- ADULT THEATER
- A theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
- SEXUAL ENCOUNTER CENTER
- A business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:
- SEXUALLY ORIENTED BUSINESS
- An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
- SPECIFIED ANATOMICAL AREAS
- SPECIFIED SEXUAL ACTIVITIES
- Includes any of the following:
- 1. The fondling or other erotic touching of human genitals or pubic region, whether covered or uncovered;
- 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
- 3. Masturbation, actual or simulated; or
- 4. Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
- SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
- The increase in floor area occupied by the business by more than twenty-five percent (25%) as the floor area exists on the effective date of this Section.
- TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
- Includes any of the following:
- 1. The sale, lease or sublease of the business;
- 2. The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
- 3. The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law, upon the death of the person possessing the ownership or control.
Location Restrictions. Sexually oriented businesses may be located, with a conditional use permit in accordance with Title IV of the Zoning Ordinance of the City of Gerald, in any commercial or industrial districts provided that:
The sexually oriented business may not be operated within:
Five hundred (500) feet of a church, synagogue or regular place of religious worship;
Five hundred (500) feet of a public or private elementary or secondary school or any institution of higher learning;
Five hundred (500) feet of any public or private preschool facility or any property owned by a public or private preschool facility;
Five hundred (500) feet of a public or private park;
Five hundred (500) feet of a licensed day care center;
Five hundred (500) feet of a licensed health care facility;
Five hundred (500) feet of any public or private library;
Five hundred (500) feet of any governmental buildings or any government owned property; or
Five hundred (500) feet of an entertainment business that is oriented primarily towards children or family entertainment.
No substantial enlargement of said business or transfer of ownership or control takes place.
For the purpose of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of the entities described in Subsection (C)(1)(a) — (i), both inclusive, as hereinabove set forth.
Non-Conforming Uses. All questions concerning whether or not the operation of a sexually oriented business has vested rights as a non-conforming use shall be determined in accordance with the provisions of Chapter 405, Article VII of the Zoning Code of the City of Gerald. The operation of any non-conforming use shall be governed by the provisions of said Chapter 405, Article VII.