Planning & Zoning

Interactive Zoning Map

Planning & Zoning Regulation

Zoning Regs

SECTION 405.290:        "A-G" AGRICULTURAL DISTRICT
  1. Intent and Purpose of District. It is the intent of the "A-G" Agricultural District to protect limited agricultural uses in the zoning district, including certain agricultural production and services, including livestock production, through control and density, land use, and land coverage.
  2. District Regulations. In District "A-G", no structure or land shall be used, and no structure shall be altered, enlarged, or erected, which is arranged, intended, or designed for other than one (1) of the uses listed below in Subsection (C).
 
  1. Permitted Uses.
  2. General agricultural operations, but this shall not include or permit:
  3. The spreading, accumulation, feeding, or use of garbage in any manner on the open surface of the land.
  4. A use or activity engaged in within three hundred (300) feet of a residential or retail business structure if such use or activity results in continuous odor, dust, or noise.
  5. The construction of agricultural buildings or structures closer than ninety (90) feet to the centerline of a principal public way.
  6. Poultry production of more than one hundred (100) birds at any given time.
  7. Swine production.
  8. Dwellings, single-family.
  9. Dwellings, two-family.
  10. Public parks, playgrounds, recreation areas, and community buildings owned and operated by a public agency.
  11. Churches, synagogues, and similar places of worship.
  12. Farms and ranches.
  13. Golf courses, except miniature and pitch and putt golf courses and driving tees operated for commercial purposes.
  14. Greenhouses and nurseries.
  15. Public buildings, including libraries and museums.
  16. Stands for the sale, at retail, of agricultural products or commodities raised on the premises.
  17. Accessory buildings and uses customarily incidental to any of the above.
  18. Keeping of horses and cattle subject to the following minimum sanitation and odor practices. (The intent is to establish a healthful environment around the boarding area.) Operations:
  19. Livestock shall be kept at a density no greater than one (1) animal on one (1) acre of land.
  20. Manure shall not be allowed to accumulate in barnyards and corrals so as to cause insect infestation or odor which is noticeable to neighbors.
  21. All ground surfaces within pens shall be so graded and compacted to ensure proper drainage.
  22. Surface runoff shall be so controlled that no appreciable amount of soil and manure is carried into any roadway ditch or drainage area where it will deposit and form sludge banks where flies and mosquitoes can breed.
  23. The Board of Aldermen may authorize, upon recommendation from the Planning Commission, allow additional uses subject to such conditions as the Board deems necessary to include, but not limited to restricted to, proper setbacks, landscaping, screening, fencing, maintenance provisions, and other similar requirements.
  24. Density of Use Regulations. Areas used for non-agricultural dwelling shall meet the following
intensity requirements:
  1. Minimum lot area. Three (3) acres.
  2. Minimum lot width. Three hundred thirty (330) feet.
  3. Minimum lot coverage. N/A
  4. Height Regulations. No building or structure shall exceed the following height restrictions:
  5. When the building or structure is within one hundred fifty (150) feet of a residential district
zone, said building or structure shall not exceed thirty-five (35) feet in height.
  1. When the building or structure is more than one hundred fifty (150) feet from a residential
district zone, said building shall not exceed eighty (80) feet in height.
  1. Public and semi-public buildings, public service and institutional buildings, hospitals, schools, churches, and similar places of worship are permitted two (2) feet of additional height for each one (1) foot of additional front building setback.
  2. Yard Regulations.
  3. Front yard. The front yard shall be a minimum of thirty (30) feet in depth measured from the front lot line on collector and local streets or measured eighty (80) feet from the centerline of the street; on State maintained highways, fifty (50) feet from the front lot line or measured one hundred (100) feet from the centerline of the street, whichever front yard setback would be greater.
  4. Side yard. There shall be a side yard of not less than fifteen (15) feet on each side of every single-family dwelling and accessory use. Other permitted and conditional uses shall provide a minimum side yard of twenty-five (25) feet.
  5. Rear yard. There shall be a rear yard of not less than forty (40) feet.
  6. Mobile Home Regulations. No mobile or manufactured homes are allowed in this district. Modular
homes are allowed so long as they meet the other requirements of this district.
  1. Square Footage and Foundations. No structure, except accessory use buildings, shall be allowed in
this district unless it meets the following minimum requirements:
  1. It shall have at least eight hundred (800) square feet of floor area.
  2. It shall have a pitched roof with a slope of at least 5/12.
  3. Its width cannot be less than forty percent (40%) of its length or its length cannot be less than forty percent (40%) of its width.
  4. It must have a permanent foundation. (Ord. No. 98-01 §2 Art. 111(F), 2-9-98)
SECTION 405.300:        "R-l" SINGLE-FAMILY AND TWO-FAMILY DWELLING DISTRICT
  1. Intent and Purpose of District. The "R-l" Single-Family and Two-Family Dwelling District is established for the purpose of low-density, single-family and two-family dwelling control and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to interfere with the health, safety, order, or general welfare of persons residing in the district or to devalue property for residential purposes. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes. This district varies from "R-M" primarily by not allowing manufactured homes, except as stated in Paragraph I.
  2. District Regulations. In District "R-l", no structure or land shall be used, and no structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one (1) of the uses listed below in Subsection (C).
  3. Permitted Uses.
Dwelling, single-family. Dwelling, two-family. Churches. Publicly owned and operated community buildings. Public parks and playgrounds. Public schools and private schools. Gardens (non-commercial). Accessory use and buildings, as defined. Multiple-family dwellings (only by special use permit). Home occupations, as set forth in Article IV, Section 405.370. Day care home. Day care center (only by special use permit).   Manufactured homes are prohibited in this district (except as stated in Paragraph I below) however, modular homes are allowed as single family dwellings only.  
  1. Intensity of Use Regulations. Every lot or tract of land shall have an area of not less than seven
thousand five hundred (7,500) square feet with an average width of not less than sixty (60) feet. (Corner lots shall be not less than eighty (80) feet in width.)
  1. Height Regulations. No building shall exceed thirty-five (35) feet in height.
  2. Yard Regulations.
  3. Front yard.
  4. The front yard shall be a minimum of twenty-five (25) feet in depth measured from the front lot line on any street.
  5. Where lots have double frontage, the required yard shall be provided on both streets.
  6. Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than five (5) feet. No accessory building shall project beyond the front yard line on either street.
  7. Side yard.
  8. There shall be a side yard having a width of not less than eight (8) feet on each side of the principal and accessory residential buildings.
  9. Whenever a lot of record existing at the time of the passage of this regulation has a width of fifty (50) feet or less, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than three (3) feet.
  10. Rear yard. There shall be a rear yard having a depth of not less than twenty (20) feet or twenty
percent (20%) of the depth of the lot, whichever is smaller.
  1. Parking Regulations. Off-street parking is not required in this district for existing structures. Any
new structures shall have at least two (2) off-street parking spaces.
  1. Square Footage, Foundations and Age. No structure, except accessory use buildings, shall be allowed in
this district unless it meets the following minimum requirements: (Manufactured homes as allowed under Paragraph I below have their own minimum requirements and do not fall under these requirements)
  1. It shall have at least eight hundred (800) square feet of floor area.
  2. It shall have a pitched roof with a slope of at least 5/12.
  3. Its width cannot be less than forty percent (40%) of its length or its length cannot be less than
forty percent (40%) of its width.
  1. It must have a permanent foundation. (Ord. No. 98-01 §2 Art. III(G), 2-9-98)
 
  1. Grandfather Act. R-1 lots which already have manufactured homes or mobile homes on them, under the grandfather act, may replace that manufactured home or mobile home with another manufactured home which meets the following criteria:
 
  1. The manufactured home must not be more than five (5) years old at the time of placement in the district.
 
  1. The manufactured home must be placed on a permanent foundation.
 
  1. The manufactured home must be a doublewide with at least 864 square feet.
 
  1. The manufactured home must have a roof pitch of at least 4/12 and be shingled.
SECTION 405.310:        "R-M" SINGLE-FAMILY, TWO-FAMILY DWELLING AND RESIDENTIAL MANUFACTURED HOME DISTRICT
  1. Intent and Purpose of District. The "R-M" Single-Family Dwelling District is established for the purpose of low-density, single-family dwelling control and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to interfere with the health, safety, order, or general welfare of persons residing in the district or to devalue property for residential purposes. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes. This district varies from "R-l" primarily by the allowance of manufactured homes in the district.
  2. District Regulations. In District "R-M," no structure or land shall be used, and no structure shall be erected, altered, or enlarged which is arranged, intended or designed for other than one (1) of the uses listed in the permitted uses.
  3. Permitted Uses.
Dwelling, single-family. Dwelling, single-family consisting of manufactured homes so long as said manufactured homes meet the special regulations relating to manufactured homes set forth in Subsection (H) hereof along with all other provisions of this district. Dwelling, two-family. Churches. Publicly owned and operated community buildings. Public parks and playgrounds. Public schools and private schools. Gardens (non-commercial). Accessory use and buildings, as defined. Multiple-family dwellings (only by special use permit). Home occupations, as set forth in Article IV, Section 405.370. Day care home. Day care center (only by special use permit).  
  1. Density of Use Regulations. Every lot or tract of land shall have an area of not less than seven thousand five hundred (7,500) square feet with an average width of not less than sixty (60) feet. (Corner lots shall be not less than eighty (80) feet in width.)
  2. Height Regulations. No building shall exceed thirty-five (35) feet in height, except that public and semi-public buildings, public service and institutional buildings, hospitals, schools, churches, and similar places of worship are permitted two (2) feet of additional height for each one (1) foot of additional building setback.
 
  1. Front yard.
  2. The front yard shall be a minimum of twenty-five (25) feet in depth measured from the front lot line on any street.
  3. Where lots have double frontage, the required yard shall be provided on both streets.
  4. Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than five (5) feet. No accessory building shall project beyond the front yard line on either street.
  5. Side yard.
  6. There shall be a side yard having a width of not less than eight (8) feet on each side of the principal and accessory residential buildings.
  7. Whenever a lot of record existing at the time of the passage of this regulation has a width of fifty (50) feet or less, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than three (3) feet.
  8. Rear yard.
  There shall be a rear yard having a depth of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller.
  1. Parking Regulations. Off-street parking is not required in this district for existing structures. Any new structures shall have at least two (2) off-street parking spaces.
  2. Square Footage and Foundations. No structure, except accessory use buildings, shall be allowed in this district unless it meets the following minimum requirements:
  3. It shall have at least eight hundred (800) square feet of floor area.
  4. All structures must have a permanent foundation, except manufactured homes will be allowed
without a permanent foundation if they have the following:
  1. Each manufactured home shall be skirted within sixty (60) days after placement in the park by enclosing the open area under the unit with a material that is compatible with the exterior finish of the manufactured home and is consistent with the quality of development of the park.
  2. All manufactured homes shall be blocked at a maximum of ten (10) foot centers around the perimeter of each manufactured home, and this blocking shall provide sixteen (16) inches bearing upon the stand.
  3. Tie-downs and ground anchors shall secure all manufactured homes to the ground. Anchors shall be provided at least at each corner of the manufactured home, and each anchor shall be able to withstand a tension force of at least four thousand eight hundred (4,800) pounds.

The cable or other device connecting the manufactured home and anchor shall be able to withstand a tension of at least four thousand eight hundred (4,800) pounds.
  1. The tongue, hitches and wheels will be removed at the time the manufactured home is placed.
  2. Age of Structures. In District "R-M" no structure mobile home or manufactured home shall be moved into the district which was built more than ten (10) years prior to the date of its placement in the district. (Ord. No. 98-01 §2 Art. 111(H), 2-9-98)
SECTION 405.320: "M-P" MANUFACTURED HOME PARK DISTRICT A. Intent and Purpose of District. It is the intent of the "M-P" Manufactured Home Park District to permit low density manufactured home uses in a park like atmosphere where such zones are recommended by the Planning Commission and approved by the Board of Aldermen. B. District Regulations. In District "M-P", no structure or land shall be used and no structure shall be altered, enlarged, or erected which is arranged, intended, or designed for other than independent manufactured homes or independent trailer house coaches and accessory service buildings. No uses shall be permitted except as set forth below in Subsection (C). C. Use Regulations. Manufactured home parks (for residential purposes only). Manufactures home subdivisions (for residential purposes only). Any permitted use in "R-M". Home Occupations. Accessory buildings and uses. D. General Requirements. The manufactured home park shall have private streets, and the tracts shall be held in the ownership of the park applicant or his successor. (The individual occupants other than said applicant cannot purchase and own said tracts.) A manufactured home park must meet the following regulations and must show evidence of same by acquiring an annual license for each manufactured home park and renew same each year. 1. The tract to be used for a manufactured home park shall be not less than two (2) acres. 2. The applicant of the manufactured home park must satisfy the Planning Commission that he is financially able to carry out the proposed plan and shall prepare and submit a schedule of construction, which construction shall commence within a period of two (2) years following the approval by the Planning Commission and shall be completed within a period of five (5) years. 3. The applicant for a manufactured home park shall prepare or cause to be prepared a development plan and shall present three (3) copies of said plan for review by the Planning Commission and Board of Aldermen. This plan shall show die proposed development which shall conform with the following requirements: a. The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water. b. Manufactured home parks hereafter approved shall have a maximum density of eight (8) trailers per gross acre and a minimum space of four thousand (4,000) square feet shall be provided for each trailer. c. Each manufactured home space shall be at least thirty-five (35) feet wide and clearly defined. d. Manufactured homes shall be so located on each space that there shall be no less than a five (5) foot setback from any manufactured home space boundary and that there shall be at least a twenty (20) foot clearance between manufactured homes; provided however, that with respect to manufactured homes parked end-to-end, the end-to-end clearance shall not be less than fifteen (15) feet. No manufactured home shall be located closer than twenty- five (25) feet from any building within the park or from any property line bounding the park. e. All manufactured home spaces shall front upon a private roadway of not less than twenty- seven (27) feet in width, which shall have unobstructed access to a public street, alley, or highway. Thirty (30) feet of private roadway shall be required where parking is allowed in the roadway. f. Walkways not less than thirty (30) inches wide shall be provided from the manufactured home spaces to the service buildings. g. All roadways and walkways within the manufactured home park shall be hard-surfaced and adequately lighted at night with electric lamps. h. Laundry facilities may be provided in a service building. i. A recreation area shall be provided at a central location in the manufactured home park area at the rate of two hundred (200) square feet for each trailer space up to five (5) trailers, thence one hundred (100) square feet per trailer thereafter. j. A solid or semi-solid fence or wall at least six (6) feet high, but not more than eight (8) feet high, and a ten (10) foot landscaped buffer which shall consist of trees, shrubs, evergreens, and grass shall be provided between the manufactured home park district and any adjoining property or property immediately across the street which is zoned for residential purposes. Said fence or wall shall be placed a minimum of ten (10) feet from the boundary of the "M-P" District (the interior line of the ten (10) foot landscape buffer) and shall not be reduced in height, but shall be so located as to observe the intersection sight triangle as defined by this regulation. The fence or wall and landscape buffer shall be properly policed and maintained by the owner. k. A manufactured home park shall not be used for other than residential purposes. Manufactured homes may be offered for sale in the manufactured home park only by resident owners. 1. Skirting. Each manufactured home shall be skirted within twenty (20) days after placement in the park by enclosing the open area under the unit with a material that is compatible with the exterior finish of the manufactured home and is consistent with the quality of development of the park. m. Blocking. All manufactured homes shall be blocked at a maximum of ten (10) foot centers around the perimeter of each manufactured home, and this blocking shall provide sixteen (16) inches bearing upon the stand. n. Tie-downs and ground anchors shall secure all manufactured homes to the ground. Anchors shall be provided at least at each corner of the manufactured home, and each anchor shall be able to withstand a tension force of at least four thousand eight hundred (4,800) pounds. The cable or other device connecting the manufactured home and anchor shall be able to withstand a tension of at least four thousand eight hundred (4,800) pounds. E. Service Buildings. 1. Service buildings, if provided, housing sanitation and laundry facilities, or any such facilities, shall be permanent structures complying with all applicable regulations and Statutes regulating buildings, electrical installations, and plumbing and sanitation systems. 2. All service buildings, if provided, and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance. 3. Service buildings and parking related to the service operations shall not occupy more than five percent (5%) of the area of the park and shall be located, designed, and intended to serve frequent trade or service needs of persons residing in the park and shall present no visible evidence of their commercial character from any portion of any residential district outside the park. F. Parking Regulations. Off-street parking is not required in this district for existing structures. Any new structures shall comply with the City of Seligman requirements of the Article on parking and loading regulations. G. Sign Regulations. No more than one (1) sign not exceeding twenty-four (24) square feet shall be allowed to advertise the manufactured home park. H. Age of Structures. In District "M-P" no structure mobile home or manufactured home shall be moved into the district which was built more than ten (10) years prior to the date of its placement in the district-. I. Recreational Vehicles. In District "M-P" recreational vehicles shall be allowed to occupy manufactured home lots for a period of ninety (90) consecutive days and for no more than one hundred eighty (180) days in a calendar year without meeting the requirements of Subsection (D), Subparagraphs (3)(1), (m) and (n), specifically relating to skirting, blocking and tie downs. Recreational vehicles may be allowed for more than ninety (90) consecutive days or one hundred eighty (180) days in a calendar year with a special use permit. (Ord. No. 98-01 §2 Art. III(T), 2-9- 98)
SECTION 405.330: "C-l" CENTRAL BUSINESS DISTRICT Intent and Purpose of District. The "C-l" Central Business District is intended for the purpose of grouping retail merchandising activities into a concentrated area servicing the general shopping needs of the trade area. Principal permitted uses include department stores, apparel stores, general retail sales and services, and similar uses appropriate for comparison shopping. The grouping is intended to strengthen the business level of the central business activity. A. District Regulations. In District "C-l", no structure or land shall be used, and no structure shall be altered, enlarged, or erected which is arranged, intended, or designed for other than one (1) of the uses listed below in Subsection (C). B. Permitted Uses. The retailing of goods and services, public and semi-public uses, and family residences are permitted. Specific uses allowed are: Any use permitted in "R-l". Barbershop. Beauty shop. Retail store. Restaurant. Professional office. Bank or financial institution. Insurance office. Medical clinic. Art galleries. Craft shops. Any other uses which the Board of Aldermen may allow under a special use permit under Article V of this Chapter. C. Intensity of Use Regulations. No requirement, except those to meet fire regulations. D. Height Regulations. A building may be erected to any height not in conflict with other regulations. E. Yard Regulations. 1. Front yard. No front yard is required for any building in the "C-P Central Business District. 2. Side yard. No side yard is required for any building in the MC-1M Central Business District. 3. Rear yard. No rear yard is required for any building in the "C-l" Central Business District. F. Parking Regulations. Off-street parking is not required in this district for existing structures. Any new structures shall have at least one (1) parking spot for each five hundred (500) square feet or fraction thereof of floor space. G. Square Footage and Foundations. No structure, except accessory use buildings, shall be allowed in this district unless it meets the following minimum requirements: 1. It shall have at least eight hundred (800) square feet of floor area. 2. It shall have a roof with a slope of at least 5/12. 3. Its width cannot be less than forty percent (40%) of its length or its length cannot be less than forty percent (40%) of its width. 4. It must have a permanent foundation. (Ord. No. 98-01 §2 Art. III(J), 2-9-98; Ord. No. 98-05 §1, 10-5-98)
SECTION 405.340: "C-2" GENERAL COMMERCIAL DISTRICT A. Intent and Purpose of District. The "C-2" General Commercial District is intended for the purpose of allowing basic retail, service, and office uses as in a "C-l" District, except there are setback and parking requirements. B. District Regulations. In District "C-2", no structure or land shall be used, and no structure shall be altered, enlarged, or erected which is arranged, intended, or designed for other than one (1) of the uses listed below in Subsection (C). C. Permitted Uses. All uses allowed in "C-l" District. Automobile sales and repair. Farm and lawn and garden equipment sales and repair. Storage buildings. Boat, RV and manufactured home sales. Car wash. Laundromat. Taverns and nightclubs. Plumbing and heating sales and storage. Wholesale sales and warehouses. Any other uses which the Board of Aldermen may allow under a special use permit under Article V of this Chapter. D. Intensity of Use Regulations. 1. No requirements for commercial uses in this district, except to meet fire regulations. 2. Fifteen thousand (15,000) square feet of lot area shall be required for building. E. Height Regulations. No building shall exceed forty-five (45) feet in height. F. Yard Regulations. 1. Front yard. The front yard shall be a minimum of fifty (50) feet in depth measured from the front lot line or measured sixty-five (65) feet from the centerline of any collector or local street or measured seventy-five (75) feet from the centerline of any State highway, whichever front yard setback would be greater. 2. Side yard. None required, except adjacent to residential land uses, then the side yard shall be twenty (20) feet. Existing uses otherwise complying shall not be required to provide a side yard. 3. Rear yard. None required, except adjacent to residential land uses, then the rear yard shall be twenty-five (25) feet. Existing uses otherwise complying shall not be required to provide a rear yard. 4. Landscaping and screening. A solid or semi-solid fence at least six (6) feet high in a side or rear yard shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the commercial development are separated by a public right- of-way, no landscaping or screening shall be required. G. Parting Regulations. Off-street parking is not required in this district for existing structures. Any new structures shall have at least one (1) parking spot for each five hundred (500) square feet or fraction thereof of floor space. H. Square Footage and Foundations. No structure, except accessory use buildings, shall be allowed in this district unless it meets the following minimum requirements: 1. It shall have at least eight hundred (800) square feet of floor area. 2. It shall have a roof with a slope of at least 5/12. 3. Its width cannot be less than forty percent (40%) of its length or its length cannot be less than forty percent (40%) of its width. 4. It must have a permanent foundation. (Ord. No. 98-01 §2 Art. HI(K), 2-9-98; Ord. No. 98-05 §1, 10-5-98)