In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and limit the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the City of Alice is hereby divided into 13 zoning districts to be known as follows:

(1)

R-1 one-family district.

(2)

R-2 two-family district.

(3)

R-3 special two-family district.

(4)

R-4 multifamily district.

(5)

R-5 townhouse residential district.

(6)

R-6 mobile home subdivision district.

(7)

R-7 mobile home park.

(8)

B-1 business district.

(9)

B-2 business district.

(10)

B-3 business district.

(11)

B-4 business district.

(12)

C industrial district.

(13)

D industrial district.

(14)

PUD planned unit development overlay.

The term "more restricted district" means one with fewer permitted uses and the term "less restricted district" means one with more permitted uses. The districts aforesaid, and the boundaries of such districts, shall be as hereinafter described, and as shown the map attached hereto and made a part of this ordinance, said map being designated "Zoning Map of the City of Alice, Texas," and said map and all notations, references, and other information shown thereon shall be a part of this ordinance the same as if all such matters and information were fully described herein. The original of said map shall bear even date with the passing of this ordinance [date of passage of the ordinance] and shall be signed by the mayor and attested by the city secretary [city clerk], under the seal of the City of Alice, Texas; said original map shall be kept in the office of the city secretary [city clerk] in the Alice City Hall, and a replica thereof shall be produced upon paper in such reduced scale as will permit its being attached to this ordinance.

R-1 one-family district.

(a)

Purpose. This zoning classification is the most restrictive of all residential zones and should be applied in areas of larger lots, more contemporary subdivision design and layout, and, for areas that are designed solely for residential uses. This zoning classification should be applied in areas of the city to conserve neighborhood character and value of buildings. It is not intended that this zoning district be the subject of major alterations except for a possible reclassification in minor areas for a less restrictive residential use for reasonable adjustments necessary for orderly development of vacant lots or the gradual transition from other districts.

(b)

Use regulations. In the "A" one-family district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

One-family dwelling.

(2)

Public or private school, park, playground, library and public community buildings.

(3)

Accessory building, such as a private garage and servants' quarters.

(4)

Sign; no window display, no name plate exceeding two square feet in area, no temporary bulletin board or sign board exceeding 12 square feet in area appertaining to the lease, hire or sale or construction of a building or premise, nor advertising sign of any other character be permitted in any R-1 district.

(5)

Golf course, but not including miniature, driving range, or other form of commercial amusements.

(6)

Temporary buildings, when they are to be used only for construction purposes, or field offices for the sale of the real estate of the immediate addition. Such temporary construction buildings must be removed immediately upon completion or abandonment of construction and the field office be removed immediately upon request of the city inspector.

(7)

Churches.

(8)

Kindergarten, day nursery or play school when licensed by State of Texas as a registered family home or group day care home and by special exception permit.

(9)

Home occupation by special exception permit.

(10)

Noncommercial recreational facilities by special exception permit.

(c)

Height and area regulations. In the R-1 one-family district, the height of buildings, the minimum dimension of lots and yards, the minimum lot area, and the minimum floor space per family shall be as follows:

(1)

Height. No building hereafter erected, reconstructed, altered, or enlarged shall exceed 2½ stories nor shall it exceed 35 feet.

(2)

Front yard. There shall be a front yard of not less than 25 feet. On existing platted lots, the front and side street setbacks may be 15 feet where the majority of structures are 15 feet.

(3)

Rear yard. There shall be a rear yard setback of not less than five feet.

(4)

Side yard. There shall be a side yard on each side of a building of not less than five feet, and a side setback on corner lots of 15 feet. Note: May be altered in a new subdivision, see subsection (8) below.

Cross reference— See also App. B, § 1.2.D.

(5)

Width of lot. The width of a lot shall be a minimum of 50 feet at the building line.

(6)

Lot area. The minimum area of a lot shall be 7,000 square feet, provided that the property is served by a public sanitary sewer main; the minimum lot area for property not served by sanitary sewer shall be determined by the Board of Adjustment to provide for adequate septic tank drainage.

Where a lot served by public sanitary sewer has less area than 7,000 square feet, but not less than 5,000 square feet, and was of record and in separate ownership at the passage of the Zoning Ordinance (April 11, 1955), this ordinance shall not prohibit the erection of a one-family dwelling. A one-family dwelling shall also be allowed on a replat of any such lot as long as the replatted lot conforms in size to the other lots in the recorded subdivision.

(7)

Alley and easement line. There shall be a five-foot alley or easement line.

(8)

Exception: Side yard. Subject to planning and zoning commission's approval one yard side setback may be zero feet with the other side yard being at least ten feet. All houses on the block or street must conform to the same setback and must be in a new subdivision.

(9)

Variance. The city manager of the City of Alice and director may grant a variance to this Code concerning the construction, modification or placement of carports, to allow conformity between the subject property and the subdivision or neighborhood in which the subject property is located making such determinations on a case-by-case basis. The homeowner(s) requesting a variance must do so in writing to the director. The director and city manager will have five business days to respond to such requests. If a variance is not granted, the homeowner(s) may follow procedures in place to appeal the decision to the City of Alice Board of Adjustments.

(Ord. No. 1066, § 1(17-5-1), 6-28-1983; Ord. of 2-13-1984, § 1; Ord. No. 1585, § 2, 8-11-1997; Ord. No. 1839, § 1, 3-28-2007; Ord. No. 2130, § I, 6-16-2020)

R-2 two-family district.

(a)

Purpose. This residential zoning district is not as restrictive in its requirements and will allow for a larger variety of residential uses. This district is to be applied in areas of smaller residential lots, smaller residential structures and in areas of transition between commercial and R-1 one-family district.

(b)

Use regulations. In the R-2 two-family district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Buildings of land in two-family residence districts shall be the same as permitted in foregoing district R-1.

(2)

Two-family dwellings (duplex units).

(3)

Water supply reservoirs and towers, gas and electric, public utility regulator stations, but the size and height, and location of said stations to be fixed by the city council.

(4)

Parking automobiles areas; as accessory use only.

(c)

Height and area regulations. In the R-2 two-family district, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area, and the minimum floor space per family shall be as follows:

(1)

Height. Same as R-1 district.

(2)

Front yard. Same as R-1 district.

(3)

Rear yard. Same as R-1 district.

(4)

Side yard. Same as R-1 district.

(5)

Width of lots. The width of lots for one-family [residences] shall be a minimum of 50 feet and 65 feet for two-family residences.

(6)

Lot area. The minimum area of a lot shall be 6,000 square feet, for one-family residences and 7,000 square feet for two-family residences, provided that the property is served by a public sanitary sewer main.

(7)

Alley and easement. There shall be a five-foot alley or easement line.

(8)

Variance. The city manager of the City of Alice and director may grant a variance to this Code concerning the construction, modification or placement of carports, to allow conformity between the subject property and the subdivision or neighborhood in which the subject property is located making such determinations on a case-by-case basis. The homeowner(s) requesting a variance must do so in writing to the director. The director and city manager will have five business days to respond to such requests. If a variance is not granted, the homeowner(s) may follow procedures in place to appeal the decision to the City of Alice Board of Adjustments.

(Ord. No. 2130, § I, 6-16-2020)

R-3 special two-family district.

(a)

Purpose. This residential zoning district is designed for the specific areas of the city that due to limited lot sizes such as in older portions of the city require special consideration for lot size.

(b)

Use regulations. Same as R-2 two-family district.

(c)

Height and area regulations.

(1)

Height. Same as R-1 district.

(2)

Front yard. Same as R-1 district.

(3)

Rear yard. Same as R-1 district.

(4)

Side yard. Same as R-1 district.

(5)

Width of lot. Same as R-2 [district], except 40 feet on existing platted lots.

(6)

Lot area. The minimum lot area shall be 5,000 square feet for either one-or two-family residences.

(7)

Alley and easement line. There shall be a five-foot alley or easement line.

(8)

Variance. The city manager of the City of Alice and director may grant a variance to this Code concerning the construction, modification or placement of carports, to allow conformity between the subject property and the subdivision or neighborhood in which the subject property is located making such determinations on a case-by-case basis. The homeowner(s) requesting a variance must do so in writing to the director. The director and city manager will have five business days to respond to such requests. If a variance is not granted, the homeowner(s) may follow procedures in place to appeal the decision to the City of Alice Board of Adjustments.

(Ord. No. 2130, § I, 6-16-2020)

R-4 multifamily district.

(a)

Purpose. This district is for [the] purpose of providing multiple family districts and is intended for multiple family use. This district may also contain single-family uses but the use of this district is intended for zones of transition for the highest single-family zone to multiple or commercial zones.

(b)

Use regulations. In the R-4 multifamily district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered, or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Any uses permitted in any of the foregoing districts.

(2)

Boarding and lodging houses.

(3)

Multiple dwelling, apartment houses and group houses (not including tourist or trailer camps, courts or lodges).

(4)

Private clubs, fraternities, sororities, lodges, excepting those whose chief activities are services customarily carried on as a business.

(5)

Signs not exceeding 20 square feet, no higher than 12 feet.

(6)

Day care center when licensed by the State of Texas as a day care center and by special exception permit.

(c)

Height and area regulations. In the R-4 multifamily district, the height of buildings, the minimum dimension of lots and yards, the minimum lot area, and the minimum floor space per family shall be as follows:

(1)

Height. No building hereafter erected, reconstructed, altered or enlarged shall exceed six stories nor shall it exceed 75 feet in height.

(2)

Front yard. There shall be a front yard of not less than 25 feet.

(3)

Rear yard. There shall be a rear yard setback of not less than five feet.

(4)

Side yard. There shall be a side yard on each side of the building of not less than ten feet except when dwelling buildings exceed three stories (not exceeding six stories)[,] each of two side yards to be increased three feet for each additional story above the third story.

(5)

Width of lot. Minimum of 50 feet at the building line.

(6)

Lot area. In the R-4 multifamily district, the lot area requirements for single-family dwellings shall be the same as district R-2 and the lot area for each additional family shall not be less than 700 square feet per family. In areas not served by sanitary sewers, the minimum lot area per family shall be subject to the approval of the board of adjustment, based on the conditions and requirements for septic tanks.

(7)

Alley and easement line. There shall be a five-foot alley or easement line.

(8)

Variance. The city manager of the City of Alice and director may grant a variance to this Code concerning the construction, modification or placement of carports, to allow conformity between the subject property and the subdivision or neighborhood in which the subject property is located making such determinations on a case-by-case basis. The homeowner(s) requesting a variance must do so in writing to the director. The director and city manager will have five business days to respond to such requests. If a variance is not granted, the homeowner(s) may follow procedures in place to appeal the decision to the City of Alice Board of Adjustments.

(Ord. No. 1066, § 1(17-5-2), 6-28-1983; Ord. No. 2130, § I, 6-16-2020)

R-5 Townhouse residential district.

(a)

Purpose. This residential district is designed to accommodate attached multi-story single-family units with commonly owned open space to provide residents with open space and recreational areas in close proximity to their place of residence. This district may be used in the zone of transition between lower density residential and higher density residential or commercial use areas. Due to the higher densities provided in this district, close vehicle access to major thoroughfares should be considered necessary.

(b)

Use regulations. In the R-5 townhouse residential district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Any uses permitted in any of the foregoing districts.

(2)

Single-family attached dwelling units.

(c)

Height and area regulations. In the R-5 townhouse residential district, the height of buildings, the minimum dimension of lots and yards, the minimum lot area, and the minimum floor space per family shall be as follows:

(1)

Height. No building or structure shall exceed three stories or 35 feet.

(2)

Front yard. There shall be a front yard of not less than ten feet when facing on a residential street, 25 feet when facing on a collector street or 35 feet when facing on a major thoroughfare. There shall be a front yard of no less than 20 feet from the right-of-way line of a street to the face of a garage when a garage faces a street.

(3)

Rear yard. There shall be a rear yard of 20 feet where lots back onto a street, plat boundaries or common property line. Rear yard shall be no less than ten feet when adjacent to a common open space.

(4)

Side yard. There shall be a 15-foot side yard for the nonfrontage side of a corner lot and five feet from interior lot lines for nonattached single-family dwellings and ten feet at the plat boundaries when adjacent to other zoning districts.

(5)

Lot width. The minimum lot width shall be 25 feet in no less than 80 percent of all platted lots and no less than 23 feet for any platted lot excepting that where a lot of record and separate ownership at the time of passage of this ordinance has been less than herein required.

(6)

Lot area. The minimum area of a lot shall be 1,800 square feet provided that where a lot of record and in separate ownership at the time of passage of this ordinance has been less than herein required.

(7)

Density. There shall be no more than ten dwelling units per gross platted acre including all roadways.

(8)

Open space. There shall be open space provided for each townhouse subdivision for the common recreational or open space needs of the residents of this district. Such open space shall be commonly land owned and maintained by bodies, associations, or similar groups and such space shall not be dedicated to the city for ownership or maintenance. The open space area shall be provided on the basis of 500 square feet for each lot up to and including the first 50 lots and at the rate of 300 square feet for each lot thereafter.

(9)

[Bylaws.] Homeowners' or associations' bylaws to be filed and reviewed during the platting process. Said bylaws to be approved by city attorney.

(10)

Additional regulations. Where townhouse lots and dwelling units are designed to face upon an open or common access court, rather than upon a public or private street, such open or common court shall be a minimum of 40 feet. No grouping of attached townhouse dwelling units shall exceed 200 feet [in] width nor less than 48 feet and space between groupings shall be not less than ten feet.

(11)

Variance. The city manager of the City of Alice and director may grant a variance to this Code concerning the construction, modification or placement of carports, to allow conformity between the subject property and the subdivision or neighborhood in which the subject property is located making such determinations on a case-by-case basis. The homeowner(s) requesting a variance must do so in writing to the director. The director and city manager will have five business days to respond to such requests. If a variance is not granted, the homeowner(s) may follow procedures in place to appeal the decision to the City of Alice Board of Adjustments.

(Ord. No. 2130, § I, 6-16-2020)

R-6 mobile home subdivision.

(a)

Use regulations. In the R-6 mobile home subdivision district no building or land shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged nor shall a certificate of occupancy be issued, except for the following uses:

(1)

Mobile homes.

(2)

Accessory buildings and structures incidental to the above uses.

(b)

Height and area regulations.

(1)

Height. Same as R-1 district.

(2)

Front yard. Same as R-1 district.

(3)

Rear yard. Same as R-1 district.

(4)

Side yard. Six feet, except on a corner lot must be 15 feet.

Cross reference— See also App. B, § 1.2.D.

(5)

Width of lot. Same as R-1 district.

(6)

Lot area. Same as R-1 district.

(7)

Alley and easement line. Same as R-1 district.

(8)

[Additional regulations.] Additional regulations apply as listed under R-7 mobile home park district, (a) Use regulations numbers (3) a, b, c, d, e, (4), (5), (7), (8), (9) and (11) [subsection (a)(3)—(5), (a)(7)—(9) and (a)(11) of the R-7 district].

(9)

Variance. The city manager of the City of Alice and director may grant a variance to this Code concerning the construction, modification or placement of carports, to allow conformity between the subject property and the subdivision or neighborhood in which the subject property is located making such determinations on a case-by-case basis. The homeowner(s) requesting a variance must do so in writing to the director. The director and city manager will have five business days to respond to such requests. If a variance is not granted, the homeowner(s) may follow procedures in place to appeal the decision to the City of Alice Board of Adjustments.

(Ord. No. 2130, § I, 6-16-2020)

R-7 mobile home park.

(a)

Use regulations. In the MH mobile home district no building or land shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged nor shall a certificate of occupancy be issued, except for the following uses:

(1)

Mobile homes as a part of a mobile home park.

(2)

Accessory buildings and structures incidental to the above uses, including community centers, swimming pools, etc.

(3)

The following regulations pertains to all mobile home installations—Electrical equipment and systems for travel trailer parks, mobile home parks and mobile home subdivisions:

a.

Approval and installation. All electrical systems and equipment shall be of an approved type and installed in accordance with the provisions of the National Electrical Code and the requirements of the Code of the City of Alice, Texas.

b.

Grounding. The system and exposed noncurrent-carrying metal parts of equipment and conductors shall be grounded in accordance with the provisions of the National Electrical Code. The grounded conductor of the trailer supply system shall be effectively grounded at each trailer supply center. The trailer supply center shall contain one or more attachment plug receptacles with appropriated overcurrent protection.

c.

Receptacle for trailer connection. The park operator shall provide for each mobile home or travel trailer plot a minimum of three, number six service conductors to supply one or more multi-wire receptacles with appropriate overcurrent protection, conveniently located for the trailer supplies. The grounding terminal of the receptacle shall be connected to the ground conductor required as noted in subsection b of this section.

d.

Supply cords. At each supply center there shall be provision for preventing strain on the supply cord being transmitted to the connections between the plug of the supply and the receptacle.

e.

Service conductors. The service conductors, service equipment, feeders and feeder equipment for the park shall be adequate current-carrying capacity to conduct safely the current for the loads supplied and in no event less than a 100-ampere service.

(4)

Plumbing and sewer systems. Plumbing and sewer systems for travel trailer parks, mobile home parks and mobile home subdivisions shall conform with the provisions set forth in the Code of the City of Alice, Texas and the Standard Plumbing Code, Appendix B, which is incorporated in the Code of the City of Alice, Texas by reference.

(5)

Gas lines and connections. All gas lines and connections in travel trailer parks, mobile home parks and mobile home subdivisions shall conform with the provisions set forth in the Code of the City of Alice, Texas and the Standard Gas Code which is incorporated in the Code of the City of Alice, Texas by reference.

(6)

Existing mobile home locations. The provisions of this R-7 district shall not apply to existing mobile home parks nor travel trailer parks, unless the same are enlarged. Single mobile homes located on lots or parcels of land, which are not a part of a mobile home park shall be exempt from the application of the provisions of this ordinance so long as such single mobile home remains at the same location.

(7)

Mobile homes not factory built. Mobile homes which are not factory built and assembled must meet all requirements of the Standard Building Code, the Standard Gas Code, the Standard Plumbing Code, the National Electrical Code and the Code of the City of Alice, Texas relative to small structures.

(8)

Approved factory-built mobile homes. A mobile home unit may bear the label or seal of compliance with the Standard for Mobile Homes A119.9, of a recognized independent engineering testing laboratory and/or agency having follow-up inspection services. Mobile homes bearing such label or seal of a recognized independent engineering testing laboratory and/or agency approved by the building inspector [building official] of the City of Alice, Texas, shall be deemed to be in full compliance with the standards for mobile homes prescribed by the Southern Building Code Congress and shall be acceptable within the City of Alice, Texas. Any mobile home unit not bearing such approved label or seal of an independent testing laboratory and/or agency shall be subject to inspection in the same manner as other small structures.

(9)

Permits for the moving of mobile homes. No mobile home shall be moved off of any lot, parcel or tract of land within the city limits of the City of Alice, Texas, nor its location changed without a permit first having been obtained as is required by the applicable provisions of the Code of the City of Alice, Texas, for the movement of residence dwellings or other structures. A permit shall be obtained for any mobile home moved onto any lot, parcel or tract of land within the city limits of the City of Alice, Texas, from an out-of-town or out-of-state location within five days from the date of entry of such mobile home. The permit to change the location of a mobile home or to move a mobile home onto or off a location shall be withheld if the mobile home or the sewer and other facilities at the location to which the mobile home is to be moved or the lot or space on which the mobile home is to be placed does not meet all requirements imposed in the Code of the City of Alice, Texas and all codes incorporated therein.

(10)

Register of all tenants in mobile home park. A register of all tenants shall be kept by all owners and/or operators of mobile home parks, and such register shall be made available to any member of a law enforcement agency or any city official wishing to examine the same. These records shall be kept for a period of three years and shall contain the following information:

a.

Name of owner and/or occupant of mobile home;

b.

Date of arrival;

c.

Last previous address;

d.

Name of one relative knowing whereabouts at all times;

e.

Trailer license number;

f.

Type and make of mobile home and other pertinent information; and

g.

Date of departure.

(11)

Anchorage; foremost minimum hurricane tie-down requirements for mobile home parks and mobile home subdivisions.

a.

Number of ties.

1.

Up to 30 feet—Two frame ties per side.

2.

Thirty feet to 50 feet—Three frame ties per side.

3.

Fifty feet to 70 feet—Four frame ties per side.

4.

Over 70 feet—Five frame ties per side.

5.

Plus-over-the-home ties as close to each end as possible with straps at stud and rafter location.

b.

Anchors. Soil test to assure that the following will withstand 3,750 pounds of pull per ten feet of mobile home.

1.

Auger or dead man, six inches in diameter—Arrowhead eight inches.

2.

Auger or arrowhead depth four feet—Dead man.

3.

Anchor rod five-eighths inch diameter with welded eye at top. Must be hooked into concrete when used in dead man anchors.

4.

Anchors to slabs must equal above in pull resistance.

c.

Connectors.

1.

Galvanized or stainless steel cable—Three-eighths inch (seven × seven wires each).

2.

Galvanized aircraft cable one-fourth inch (seven × 19—Seven strands of 19 wires each).

3.

Steel strap—one and one-fourth inches ;times .035—Galvanized, with tensioning device.

4.

Cable ends secured by two U-bolt clamps.

5.

Steel rods—Five-eighths inch with ends welded closed to form an eye.

6.

Turnbuckles five-eighths inch drop forged—Closed eyes. Other tensioning devices or similar strength approved.

d.

Piers and footings.

1.

Spaced at ten-foot intervals on both frame rails with end ones no further than five feet from end of mobile home.

2.

Footings of solid concrete 16 inches × 16 inches × four inches.

3.

Piers of standard eight inches × eight inches × 16 inches solid concrete block.

4.

Treated trim shingles used for leveling.

5.

Other similar piers accepted. An adjustable screw-anchor-type column fastened to both frame rail and to a concrete pad of four-inch thickness extending the length and width of the mobile home is especially recommended.

e.

Patio awnings and cabana roofs.

1.

Two rows of vertical support bars—Spacing 12 feet. Second row to be down middle or at mobile home edge, anchored to concrete floor or equivalent footings.

2.

Other structures on lot must be secured.

3.

Tip-out rooms to be held by over-the-home tie at outer edge.

4.

Clerestory roof required over-the-home tie at end of each raised section.

f.

Alternate methods of anchorage. Mobile homes may be anchored by methods other than by the application of the requirements of this section 10[11], paragraphs "a" through "e" above, provided that the request to use such other method is accompanied with drawings approved by the chief inspector of the City of Alice, Texas.

g.

Grounding. As protection against fire from lightning, each mobile home situated in a mobile home park or a mobile home subdivision shall have necessary grounding of all metal parts as provided by the Code of Alice, Texas and the standard building code which is incorporated in the Code of the City of Alice, Texas.

h.

Foundations. In addition to the foregoing safety tie-down requirements, mobile homes located in mobile home subdivisions shall be set on slab foundation or such other type of foundation approved by the chief inspector as being in conformity with the Code of the City of Alice, Texas and the codes therein adopted by reference and as required in view of the type of construction frequently employed in mobile homes, with the wheels of the mobile home either attached or removed.

(b)

Development controls for mobile home park. It is intended by these regulations that development in the R-7 mobile home district shall be compatible with development in the district which it adjoins.

(1)

Height regulations. The maximum height of any building or structure shall be 35 feet.

(2)

Area regulations.

a.

The minimum site area which may be developed or used for mobile home purposes shall be four acres.

b.

The minimum lot or site area per unit, or stand shall be 3,500 feet.

c.

The minimum lot width per unit or stand shall be 40 feet.

d.

The minimum lot depth per unit or stand shall be 80 feet.

(3)

Yard regulations.

a.

The minimum front yard shall be:

1.

For mobile homes, 15 feet from dedicated street right-of-way or ten feet from any private drive designed or used for access, circulation or service within the park.

2.

For all other nonresidential uses, 25 feet.

b.

The minimum side yard shall be ten feet; provided, there shall be a minimum space of 20 feet between mobile homes.

c.

The minimum rear yard shall be ten feet.

d.

No mobile home lot or stand shall be permitted within 25 feet of a boundary of a mobile home district.

(4)

Special conditions.

a.

Prior to issuance by the city administrator [sic] of any permit for a mobile home park, a site plan shall be approved by the commission [sic].

b.

Sanitation, fire protection and utility service shall be provided to each lot, tract, plot or stand in accordance with health department requirements or any ordinance of the city regulating same.

c.

There may be provided within the mobile home community, open playground space at a ratio of 500 square feet for each of the first 20 units and 250 feet per unit for all additional unit spaces provided in addition to the lot size.

d.

There shall be provided within the park property surfaced driveways, drainage and garbage collection rights-of-way, emergency access easements for fire, police and other public safety purposes, and utility easements as required by the commission [sic].

e.

There shall be constructed and maintained a permanent screening device, not less than five feet in height, on all sides of a mobile home park.

(5)

Street lights. Lighting shall be designed to produce adequate lighting throughout the street system. Potential hazardous locations, such as major street intersections and steps or stepped ramps[,] shall be individually illuminated.

(6)

Parking spaces. The design criteria for automobile parking shall be based upon two parking spaces for each mobile home lot. Parking may be in tandem.

(7)

Pavement widths. Pavements should be of adequate widths to accommodate the contemplated parking and traffic load in accordance with the type of street with ten feet minimum moving lanes for collector streets, nine feet minimum moving lanes for minor streets, seven feet minimum lane for parallel parking, and in all cases shall meet the following minimum requirements:

a.

Collector streets with guest parking allowances: Thirty-four feet.

b.

Collector streets and all other streets except minor streets without parking allowances: Twenty-four feet.

c.

Minor streets servicing less than 40 lots (no parking): Eighteen feet.

d.

One-way minor streets serving less than 20 lots (no parking): Fourteen feet.

B-1 business district.

(a)

Purpose. This district is the most restrictive of the commercial districts and is intended for small neighborhood serving type of retail and office uses. The uses may be located in close proximity to residential areas but not located so as to create high volumes of traffic through established residential zones.

(b)

Use regulations. In the B-1 business district, no buildings or land shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Any uses permitted in any of the foregoing dwelling districts except R-6 and R-7.

(2)

Grocery stores 2,000 square feet or less in net floor area, and neighborhood serving bakeries and tortilla retail outlets.

(3)

Barbershops and beauty parlors.

(4)

Eating and drinking establishments, 2,000 square feet or less in floor area, but not including places where alcoholic beverages are consumed on premises.

(5)

Florist shops.

(6)

Dress making and tailoring.

(7)

Ladies' health studio, 2,000 square feet or less in floor area. [See footnote to B-2 district.]

(8)

Men's health studio, 2,000 square feet or less in floor area.

(9)

Self-service, coin-operated laundry and/or dry cleaning and pickup station, 2,000 square feet or less in floor area.

(c)

Height and area regulations. In the B-1 business district, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows: Provided, however, that buildings erected, reconstructed, altered or enlarged exclusively for dwelling purposes shall comply with the front, rear and side yard regulations of R-4 multifamily district.

(1)

Height. No building hereafter erected, reconstructed, altered or enlarged shall exceed 2½ stories nor shall it exceed 35 feet in height.

(2)

Front yard. There shall be a front yard of not less than 15 feet.

(3)

Rear yard. When abutting the rear of any residential district a rear yard of ten feet is required.

(4)

Side yard. There shall be a side yard on each side of a building of not less than five feet, and a side setback on corner lots of 15 feet. If used for business, refer to front, rear and side requirements.

(5)

Width of lot. If used for dwelling purposes, same as district R-2.

(6)

Lot area. Every building hereafter erected, reconstructed, altered, or enlarged, for dwelling purposes, shall provide a lot area same as R-4 multifamily district; provided, however, that this lot area requirement shall not apply to hotels, or apartment hotels, where no provision is made for cooking.

(7)

Lot density. No building coverage density of any lot shall exceed 60 percent.

(8)

Off-street paved loading area. One space for 2,000 to 20,000 square feet of gross floor area in structure, two spaces for 20,000 to 100,000 square feet of gross floor area.

(9)

Screening wall. A six-foot tall solid screening wall without penetrations or holes except for passage shall be placed along the lot line when the B-1 commercial district adjoins or abuts any residential district.

(10)

Driveway and parking regulations, chapters 8 and 9.

(11)

Alleyway and easement line. There shall be a five-foot alley or easement line.

(Ord. No. 1090, § 1(17-5-1), 10-24-1983; Ord. No. 1323, § 1, 8-11-1986)

B-2 business district.

(a)

Purpose. This district is less restrictive than the neighborhood serving commercial district and would have a larger service area. This district should be located along major thoroughfares and may serve both drive-in as well as walk-in trade. This district may also be located near low density residential but will serve a larger trade area than the immediate neighborhood thus generating automobile traffic volumes that will require special attention to the location and arrangement of the commercial district.

(b)

Use regulations. In the B-2 business district, no buildings or land shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Any uses permitted in any of the foregoing districts, except any and all dwelling units as provided in R-1, R-2, R-3, R-4, R-5, R-6, [and] R-7.

(2)

Drugstores.

(3)

Gasoline filling stations without body and fender work or automobile body painting.

(4)

Auto wash facilities.

(5)

Candy and confectionery retail stores.

(6)

Art, music and dance studios.

(7)

Professional office buildings.

(8)

Bank, office, studios.

(9)

Restaurant or cafe including drive-ins, alcoholic beverages served on premises when incidental to the serving of food and by special permit only.

(10)

Greenhouse or nursery office.

(11)

Package liquor store.

(12)

Child day care center when licensed by the State of Texas as a day care center and by special exception permit.

(13)

Health studio.

(14)

Skating rink in an enclosed building.

(c)

Height and area regulations. In the B-2 business district, the height or [of] buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows: Provided, however, that buildings erected, reconstructed, altered or enlarged exclusively for dwelling purposes shall comply with the front, rear, and side yard regulations of R-4 multifamily district.

(1)

Height. No building hereafter erected, reconstructed, altered or enlarged shall exceed four stories nor shall it exceed 55 feet in height.

(2)

Front yard. There shall be a front yard of not less than 15 feet.

(3)

Rear yard. When abutting the rear of any residential district a rear yard of ten feet is required.

(4)

Side yard. Zero [feet], unless abutting the rear of a residential district, a side yard of five feet is required.

(5)

Width of lot. If used for dwelling purposes, the width of lots for one family [residences] shall be a minimum of 50 feet and 65 feet for two-family residences. If used for business purpose[s], refer to front, rear and side requirements.

(6)

Lot area. Every building hereafter erected, reconstructed, altered, or enlarged, for dwelling purposes, shall provide a lot area same as R-4 multifamily district; provided, however, that this lot area requirement shall not apply to hotels, motels or apartment hotels where no provision is made for cooking.

(7)

Lot density. No building coverage density of any lot shall exceed 60 percent.

(8)

Off-street paved loading area. One space for 2,000 to 20,000 square feet of gross floor area in structure, two spaces for 20,000 to 100,000 square feet of gross floor area.

(9)

Screening wall. A six-foot tall solid screening wall without penetrations or holes except for passage shall be placed along the lot line when the B-2 commercial district adjoins or abuts any residential district.

(10)

See driveway and parking regulations, chapters 8 and 9.

(11)

Alley and easement line. There shall be a five-foot alley and easement line.

(Ord. No. 1066, § 1, 6-28-1983; Ord. No. 1090, § 1(17-5-2), 10-24-1983; Ord. No. 1598, § 1, 6-8-1998)

B-3 business district.

(a)

Purpose. This district is a commercial category providing a uniform set of standards for retail shopping facilities and general commercial activities. It is intended that this zoning district be served by major thoroughfares and be of such size that all parking and traffic maneuvering can take place on the commercial site.

(b)

Use regulations. In the B-3 business district, no buildings or land shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Any uses permitted in any of the foregoing districts, except any and all dwelling units as provided in R-1, R-2, R-3, R-4, R-5, R-6, [and] R-7.

(2)

Automobile parking lots (not storage).

(3)

Retail pressing, dyeing and cleaning shops.

(4)

Retail store, and other shops for custom work or the making of articles to be sold at retail on the premises, provided that no secondhand goods, store or yard will be permitted in the B-3 [business] district, except for sale of secondhand automobiles.

(5)

Auto sales (where the major business is the display and sale of secondhand or new automobiles and repair work and storage facilities purely incidental thereto); provided, however, that the area allowed for the repairs of automobiles shall not be nearer than 20 feet from the front line of the building in which the same is conducted.

(6)

Bakery, laundry, candy manufacturing (when employing less than six persons on the premises).

(7)

Hotels and motels.

(8)

Public storage garage.

(9)

Gasoline filling stations, including repairs.

(10)

Eating and drinking establishments and places where alcoholic beverages are consumed on the premises.

(11)

Theatre, motion picture shows.

(12)

Wholesale office and sample room.

(13)

Job printing.

(14)

Building material storage yards, lumber yards, but no manufacturing or planing mills.

(15)

Drive-in movies.

(16)

Plumbing and electrical repair and service shops.

(17)

Nursing, rest and convalescent homes.

(18)

Mortuaries and funeral homes.

(19)

Animal hospital or clinic, no outside runs.

(20)

Establishment for care of alcoholic, narcotic, psychiatric patients, felons, delinquents with special exception permit.

(21)

Hospital (general) and related facilities and services.

(c)

Height and area regulations. In the B-3 business district, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows: Provided, however, that building[s] erected, reconstructed, altered or enlarged exclusively for dwelling purposes, shall comply with the front, rear and side yard regulations of [the] R-4 multifamily district.

(1)

Height. No building hereafter erected, reconstructed, altered, or enlarged, shall exceed six stories nor shall it exceed 75 feet in height.

(2)

Front yard. There shall be a front yard of not less than 15 feet.

(3)

Width of lot. The width of lots for one-family [residences] shall be a minimum of 50 feet and 65 feet for two-family residences. If used for business purpose[s], refer to front, rear, and side requirements.

(4)

Lot area. Every building hereafter erected, reconstructed, altered, or enlarged for dwelling purposes, shall provide a lot area same as R-4 multifamily district; provided, however, that this lot area requirement shall not apply to hotels, or apartment hotels, where no provision is made for cooking.

(5)

Side yard. Zero [feet] unless residential purpose refer to R-4.

(6)

Rear yard. When abutting the rear of any residential district a rear yard of ten feet is required.

(7)

Lot density. No building coverage density of any lot shall exceed 75 percent.

(8)

Off-street paved loading area. One space for 2,000 to 20,000 square feet of gross floor area in structure, two spaces for 20,000 to 100,000 square feet of gross floor area.

(9)

Screening wall. A six-foot tall solid screening wall without penetrations or holes except for passage shall be placed along the lot line when the B-3 commercial district adjoins or abuts any residential district.

(10)

See airport zoning ordinance.

(11)

See driveway and parking regulations, chapters 8 and 9.

(12)

Alley and easement line. There shall be a five-[foot] alley and easement line.

(Ord. No. 1453, § 1, 3-27-1989; Ord. No. 1457, § 1, 5-22-1989; Ord. No. 1585, § 1, 8-11-1997)

B-4 business district.

(a)

Purpose. This is the least restrictive commercial zoning district normally reserved for areas that provide the greatest number and mix of retail and commercial uses. This district is reserved for areas of adequate size and location so that its broad range of high intensity land uses will not cause or create nuisances to adjoining zoning districts.

(b)

Use regulations. In the B-4 business district, no buildings or land shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Any uses permitted in any of the foregoing districts, except any and all dwelling units as provided in R-1, R-2, R-3, R-4, R-5, R-6, [and] R-7.

(2)

Bakery.

(3)

Bottling works.

(4)

Candy manufacturing.

(5)

Newspaper printing, art printing.

(6)

Electric plating, electric works, including armature, winding, galvanizing.

(7)

Laundry, dyeing, and cleaning works.

(8)

Secondhand goods store (when housed entirely in building).

(9)

Pecan shelling.

(10)

Storage warehouses.

(11)

Wholesale houses.

(12)

Auto repair, auto painting, body repair (where sales of automobiles are not the primary business).

(c)

Height and area regulations. In the B-4 business district, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows: Provided, however, that buildings erected, reconstructed, altered, or enlarged exclusively for dwelling purposes, shall comply with the front, rear and side yard regulations of [the] R-4 multifamily district.

(1)

Height. No limit, except as required by [the] airport zoning ordinance.

(2)

Front yard. For business use—Fifteen feet.

(3)

Side yard. Zero feet, unless residential refer to R-4.

(4)

Rear yard. When abutting the rear of any residence or business district, a rear yard of at least ten feet is required.

(5)

Screening wall. A six-foot tall solid screening wall without penetrations or holes except for passage shall be placed along the lot line when the B-4 commercial district adjoins or abuts any residential district.

(6)

See airport zoning ordinance.

(7)

See driveway and parking regulations, chapters 8 and 9. (Width of lot, lot area, lot density to be regulated by the driveway and parking regulations.)

(8)

Alley and easement line. There shall be a five-foot alley and easement line.

C industrial district.

(a)

Purpose. The purpose of this district is to regulate areas within the city that may be used for light manufacturing that do not cause noxious or offensive odors, dust, smoke or noise and for warehousing, storing and distribution activities.

(b)

Use regulations.

(1)

Any uses permitted in any of the foregoing districts, except any and all dwelling units as provided in R-1, R-2, R-3, R-4, R-5, R-6, [and] R-7.

(2)

Welding.

(3)

Ice cream manufacture, ice manufacture, cold storage plants, electric power plant, and creamery and dairy products manufacture and processing, whole milk distribution.

(4)

Cotton storage yard.

(5)

Broom manufacture.

(6)

Building materials storage yards.

(7)

Carpet cleaning.

(8)

Central mixing plant for cement, mortar, plaster and paving materials.

(9)

Emery cloth and sand paper manufacture.

(10)

Flour mill.

(11)

Iron, steel, or copper fabrication plant.

(12)

Livery freight depot or garages.

(13)

Machine shops.

(14)

Mattress manufacture.

(15)

Paper box manufacture.

(16)

Billboard or advertising signs pertaining to business on site; size restricted by sign ordinance.

(17)

Planing mill and box manufacture.

(18)

Refrigerator manufacture.

(19)

Contractor's plant and storage.

(20)

Stone monumental works.

(21)

Veterinary hospital.

(22)

Yeast plant.

(23)

Manufacture of any kind not listed under section "C" manufacturing district, provided that such use is not noxious or offensive by reason of the emission of dust, smoke, gas or noise or vibration.

(24)

Drilling contractors, rig builders, etc., oil well supply houses.

(25)

Wholesale sale of gasoline, kerosene, fuel oil lubricants, but excluding tank farms, refineries and other similar plants.

(26)

Vehicle impoundment area by special exception permit and with a solid eight-foot perimeter-screening fence.

(27)

Wireless telecommunications system, subject to the limitations in chapter 11.

(c)

Height and area regulations.

(1)

Height. No limit, except as required by [the] airport zoning ordinance.

(2)

Front yard. There shall be a front [yard] of not less than 25 feet.

(3)

Rear yard. When abutting the rear of any residential or business district, a rear yard of at least ten feet is required.

(4)

Side yard. Zero feet, unless abuts a residential district than [then] a side yard of R-4.

(5)

Screening wall. A six-foot tall solid screening wall without penetrations or holes except for passage shall be placed along the lot line when the C industrial district adjoins or abuts any residential district.

(6)

See airport zoning ordinance.

(7)

See driveway and parking regulations, chapters 8 and 9.

(8)

Alley and easement line. There shall be a five-foot alley and easement line.

(9)

Width of lot, lot area, lot density. All regulated by driveway and parking regulations.

(Ord. No. 1454, § 1, 3-27-1989; Ord. No. 1627, § 1, 10-25-1999)

MUMS-01 multiple-use multiple-story district.

(a)

Purpose. The purpose of this district is to provide guidance and regulations for multi-story structures with differing utilizations of each floor. Structures in this district will have the ability to establish businesses at ground level while accommodating dwellings above ground level. The intended placement of this district is in shopping districts with a high level of foot traffic.

(b)

Use regulations. In the MUMS-01 district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:

Ground Level and/or Basement

(1)

Grocery stores 2,000 square feet or less in net floor area, and neighborhood serving bakeries and tortilla retail outlets.

(2)

Barbershops and beauty parlors.

(3)

Eating and drinking establishments, 2,000 square feet or less in floor area, but not including places where alcoholic beverages are consumed on premises.

(4)

Florist shops.

(5)

Dress making and tailoring.

(6)

Ladies' health studio, 2,000 square feet or less in floor area.

(7)

Men's health studio, 2,000 square feet or less in floor area.

(8)

Self-service, coin-operated laundry and/or dry cleaning and pickup station, 2,000 square feet or less in floor area.

(9)

Drugstores.

(10)

Candy and confectionery retail stores.

(11)

Art, music and dance studios.

(12)

Greenhouse or nursery office.

(13)

Package liquor store.

(14)

Health studio.

(15)

Skating rink in an enclosed building.

Above Ground Level

(1)

Single family dwelling (one per floor).

(2)

Multiple dwelling, apartments.

(c)

Height and area regulations.

(1)

Height. No building hereafter erected, reconstructed, altered or enlarged shall exceed six stories nor shall it exceed 75 feet in height.

(2)

Front yard. There shall be a minimum setback of not less than five feet.

(3)

Rear yard. There shall be a minimum rear yard setback of not less than five feet.

(4)

Side yard. There shall be a minimum side yard setback of not less than five feet.

(5)

Alley and easement line. There shall be a five-foot alley and easement line.

(6)

Width of lot. Minimum of 50 feet at the building line.

(7)

Lot area. Minimum of 7,000 square feet (must be serviced by both city water and sewer utilities).

(8)

Exception: Side and front yard setbacks. Subject to planning and zoning commission's approval both side yard and front yard setbacks may be allowed to be zero feet. All other structures adjacent must also conform to this exception.

(9)

Variance. The city manager of the City of Alice and director may grant a variance to this Code concerning the construction, modification or placement of carports, to allow conformity between the subject property and the subdivision or neighborhood in which the subject property is located making such determinations on a case-by-case basis. The homeowner(s) requesting a variance must do so in writing to the director. The director and city manager will have five business days to respond to such requests. If a variance is not granted, the homeowner(s) may follow procedures in place to appeal the decision to the City of Alice Board of Adjustments.

(Ord. No. 2201, 11-12-2024)

LSR-01 large scale recreation facilities.

(a)

Purpose. This zoning class is intended to provide collective oversight when large scale recreational facilities are to be developed. The scale and nature of the facilities associated with this zone classification could pose a hinderance and complications for the citizens of the municipality, if implemented without regard for the surrounding developments. Development in this zone class shall require direct input from city officials to prevent imposing hardship on surrounding developments due to the addition and operation of facilities of this zone classification. This additional oversight shall serve as a safeguard to the safety and well being of the citizens of the municipality.

(b)

Use regulations. In the LSR-1 district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Amusement park.

(2)

Water park.

(3)

Zoo/safari.

(4)

Rodeo arena.

(5)

Open air bike/skate park.

(6)

Sports stadium.

(7)

Colosseum.

(8)

Amphitheatre.

(9)

Performing arts plaza.

(10)

Go kart track.

(11)

Motorsports track/strip.

(c)

Height and area regulations.

(1)

Height. No limit, except as required by airport zoning ordinance.

(2)

Front yard. There shall be a front yard of not less than 25 feet.

(3)

Rear yard. There shall be a rear yard of not less than ten feet.

(4)

Side yard. There shall be a side yard of not less than five feet.

(5)

Screening. Any yard bordering a residential property shall have screening structure with a minimum of six feet in height along the residential boundary.

(6)

Alley and easement line. There shall be a five-foot alley and easement line.

(7)

Width of lot, lot density. All regulated by parking area requirements (See chapter 8, appendix A).

(8)

Minimum lot area. Minimum lot area shall be determined by the P&Z committee based on use case.

(d)

Parking regulations.

(1)

Refer to chapter 8, appendix A, Zoning. Available off street parking to be determined by P&Z committee based on use, location, occupancy, and any traffic information provided by the engineering department. Determination will be forwarded from the P&Z committee to city council for approval.

(e)

Central contact office.

(1)

Facility shall have a central admittance office where a competent employee can be contacted, by city officials, to relay emergency and pertinent information.

(f)

Variance.

(1)

Variance from building code, yard size, and any ordinances may be requested in writing. Requests will be reviewed for recommendation by the P&Z committee and any recommendations shall be submitted to city council for final consideration. Variance request processing shall take no longer than 45 days.

(Ord. No. 2201, 11-12-2024)

D industrial district.

(a)

Purpose. The purpose of this district is to regulate those uses of the land that cause the manufacturing, assembly, processing, storage and/or distribution, sale of and repair of materials, goods, parts, products, equipment, machinery, and other such operations incidental to industrial uses. It is not the intention of these regulations to allow the construction of nor the development of residential uses within this district and those residential uses existing at the time of the adoption of this Zoning Ordinance and its zoning district map may continue as nonconforming uses and the applicable nonconforming use regulations shall apply to them.

(b)

Use regulations. In the D industrial district, no buildings or land shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Any uses permitted in any of the foregoing districts, except any and all dwelling units as provided in R-1, R-2, R-3, R-4, R-5, R-6, [and] R-7.

(2)

Alcohol manufacture.

(3)

Automobile wrecking.

(4)

Bag cleaning.

(5)

Boiler works.

(6)

Brick, tile, pottery or terra cotta manufacture.

(7)

Canning or preserving manufacture, egg breaking.

(8)

Celluloid and similar cellulose material manufacture.

(9)

Cotton compress, cotton ginning, cotton bailing, cotton warehouses, and cottonseed manufacture.

(10)

Disinfectant and insecticide.

(11)

Dye stuff manufacture.

(12)

Feed mill.

(13)

Forge plant.

(14)

Grain elevators.

(15)

Iron, steel, brass or copper foundry.

(16)

Oil cloth or linoleum manufacture.

(17)

Oil or rubber goods manufacture.

(18)

Petroleum products, wholesale storage of.

(19)

Poultry killing, cleaning and dressing, storage of live poultry.

(20)

Railroad roundhouse or shops.

(21)

Rock crusher.

(22)

Rolling mills.

(23)

Rubber manufacture or treatment.

(24)

Storage or bailing of rags, iron, junk or paper.

(25)

Tile roofing or waterproof manufacture.

(26)

Textile manufacture.

(27)

Livestock auction sales with barns and temporary concentration shipping, loading and unloading facilities.

(28)

Meat packing and processing plant.

(29)

Manufacture or industrial operations of any kind not heretofore listed; but exclusive of any kind of use listed as follows:

a.

Any use prohibited by city ordinance.

b.

Nothing in this ordinance shall be construed as repealing any existing ordinance of the city regulating nuisances, or to permit uses which are now prohibited by ordinances.

(c)

Height and area regulations.

(1)

Height. Zero [feet], except as required by the airport zoning ordinance.

(2)

Front yard. There shall be a front yard of not less than 25 feet.

(3)

Rear yard. When abutting the rear of any residential or business district, a rear yard of ten feet is required.

(4)

Side yard. Zero feet, unless residential purpose refer to R-4.

(5)

Screening wall. A six-foot tall solid screening wall without penetrations or holes except for passage shall be placed along the lot line when the D industrial district adjoins or abuts any residential district.

(6)

See airport zoning ordinance.

(7)

Alley and easement line. There shall be a five-foot alley and easement line.

(8)

See driveway and parking regulations, chapters 8 and 9. (Width of lot, lot area, lot density are all regulated by driveway and parking regulations.)

PUD planned unit development overlay.

(a)

General Purpose and Intent. The primary purpose of this subsection is to permit flexible, new and innovative concepts in land utilization, master-planned communities and mixed use developments that other zoning districts do not easily accommodate; encourage land conservation and more efficient use of open space and permit modification of certain controls in a manner so as to produce large area development arranged to better serve community needs; and grant greater flexibility to allow special conditions or restrictions that would not otherwise allow the development to occur. The list of permitted uses shall be described and contained in the development plan accompanying each planned unit development overlay application.

(b)

Full step down of less intensive zoning district use. More restricted uses permitted within one or more zoning districts comprising a PUD may be allowed by right within a less restricted zoning district but not otherwise. Nothing contained herein shall prohibit an authorized use within a specific zoning district as permitted.

(c)

Specific Definitions. Wherever and whenever a general use is defined within the zoning code, the inclusion of a specific definition within a PUD overlay district shall not amend or alter the underlying base definition applicable to any other zoning district.

(d)

Procedure.

1.

Initiation of PUD. A PUD application shall consist of a request for original zoning and or a zoning change or changes and a development plan and shall be subject to the procedures for amending zoning in section 6-1, appendix A of this Code. Either the city or applicant may initiate the request.

2.

Pre-application conference. Prior to formal submission of an application, the applicant and the city planning department will have a conference to review the proposed application and afford the applicant an opportunity to receive advice and assistance of the city development services and other specialized staff before formally submitting the PUD application.

3.

Review and recommendation by planning department. The planning department shall review the PUD application and forward its recommendation to approve, approve with modifications or conditions, or disapprove the application to the planning zoning commission.

4.

Review and recommendation by planning and zoning commission. The planning and zoning commission shall review the PUD application, and recommend approval, approval with modifications or conditions, or disapproval of the same to the city council.

5.

Review and action by city council.

a.

The planning and zoning commission shall forward to the city council its recommendation regarding the PUD application with all related information.

b.

The chapter granting a PUD overlay shall include a statement as to the purpose and intent of the planned development granted therein. All specific conditions of approval imposed by the city council if any, shall be approved by ordinance, listed in the PUD chapter and development plans and referenced as attachments.

(e)

Development plan.

1.

Development plan approval criteria. The form and content of the development plan shall be in sufficient detail to enable the city council to evaluate the proposal and ascertain that it is in substantial conformity with the policies, goals and objectives of the general plan including all its elements and shall be consistent with the intent and purpose of this Code.

2.

Minimum requirements. Unless otherwise specified in the approved development plan and paragraph (b) hereof, the minimum requirements for each development shall be those stated in this chapter and shall be the requirements of the most restrictive standard zoning district in which designated uses are permitted. Modifications of these standards may and shall be considered in the public interest.

3.

Density requirements. Overall density in any planned unit development shall generally not exceed the maximums set forth in this Code. Lower density may be required to ensure compatibility with surrounding existing neighborhood densities. Higher densities may be approved at the discretion of the city council.

4.

Compliance with applicable city ordinances. The granting of a PUD designation shall not relieve the developer from responsibility for complying with all other applicable sections of this chapter, and other codes and chapters of the city unless such relief is specified in the approved development plan and the PUD.

5.

Minor amendment to development plan. All material changes of use from those approved in the original PUD shall require city council approval. Minor additions and modifications to the PUD and/or the approved development plans meeting the criteria below may be approved by the city manager:

a.

Minor additions to structures, with a floor area no larger than ten percent of the existing floor area of the main floor, not to exceed 5,000 square feet, provided that overall density of the project does not increase.

b.

Minor new accessory structures if the location does not interfere with existing site layout (e.g., circulation, parking, loading, storm water management facilities, open space, landscaping or buffering).

c.

Minor additions to parking lots comprising no more than ten percent of the original number of parking spaces required, not to exceed 25 spaces.

d.

Clearing or grading that does not exceed 5,000 square feet in area or ten percent of the site.

e.

Slight changes in the detail of the planned unit development that do not materially change the intent of the application may be approved by the city manager.

6.

Development plan is a subdivision concept plan. Approval of a development plan shall also constitute approval of a concept plan for subdivision purposes.

(Ord. No. 1968, § 1, 2-26-2014)

It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Alice. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(a)

The building inspector [building official] shall refer the question concerning any new or unlisted use to the city planning and zoning commission requesting an interpretation as to the zoning classification into which [the] use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

(b)

The city planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.

(c)

The city planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall by resolution approve the recommendation of the city planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate.