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Borger City Zoning Code

ARTICLE 14

01: BASIC PROVISIONS, ZONING DISTRICTS, AND DIMENSIONAL STANDARDS

Subsection 14.01.101 Title

  • (a)
    Official Title.  This document is known and may be cited as the City of Borger, Texas, Unified Land Development Ordinance (ULDO).
  • (b)
    Short Title.  References to "this Code" or "this Ordinance" are interpreted as references to this ULDO.
  • Effective on: 8/9/2022

    Subsection 14.01.102 Purposes

    The City Council adopts this Unified Land Development Ordinance (ULDO) to protect the public health, safety, and general welfare of present and future inhabitants of the City in accordance with the goals of the Comprehensive Plan.  The provisions of this ULDO are specifically intended to:

    1. (a)
      Economic Development.  Encourage economic opportunities, particularly those that have meaningful multiplier effects in the local economy, by promoting the vitality and development of resilient commercial and industrial districts.
    2. (b)
      Public Health and Safety.  Protect public health and safety and environmental quality by:
    1.   
      1. (1)
        Ensuring an adequate street network in order to lessen congestion in the streets;
    1.   
      1. (2)
        Ensuring the provision of adequate open space for light, air, and fire safety;
      2. (3)
        Preventing the overcrowding of land and promoting a healthful and convenient distribution of population by regulating the density and intensity of development;
      3. (4)
        Promote public safety from fire, flooding, and other natural and man-made disasters through appropriate subdivision and site design;
      4. (5)
        Facilitating the adequate provision of transportation, water, drainage, sewerage, schools, parks, and other public requirements; and,
      5. (6)

        Preserving and protecting existing trees and vegetation, floodplains, stream corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development.

    1. (C)
      Quality of Life.  Protect the quality of life of City residents, business owners, employees, and visitors by:
    1.   
      1. (1)
        Improving the city’s appearance through the regulation of design, where such regulations are appropriate;
      2. (2)
        Avoiding undue concentration of population and urban sprawl; 
      3. (3)
        Protecting property against blight and depreciation by facilitating reinvestment, redevelopment, and infill development; and 
      4. (4)
        Protecting the character and stability of agricultural, residential, institutional, commercial, industrial, and natural areas. 
    1. (D)
      Fiscal and Functional Health.  Protect the fiscal and functional health of the City by:
    1.   
      1. (1)
        Encouraging the most appropriate, efficient, and compatible use of land, buildings, and other structures throughout the City;
      2. (2)
        Securing economy in government and private sector expenditures by promoting efficiency in development review; 
      3. (3)
        Encouraging infill development, where appropriate, in order to make efficient use of existing public infrastructure;  
      4. (4)
        Facilitating greenfield development, where appropriate, in order to capitalize on valued natural features; and,
      5. (5)
        Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible with adjacent land uses and have good transportation access.

    Effective on: 8/9/2022

    Subsection 14.01.103 Authority and Jurisdiction

  • (a)
    Authority.  The City Council adopts this ULDO pursuant to: 
    1. (1)
      State Statues.  Under the authority of Article XI, Section 5 of the Constitution of the State of Texas and laws of the State of Texas, including but not limited to the following provisions of the Texas Local Government Code (TLGC) and the Texas Water Code (TWC), as amended:
      1. (A)
        TLGC Chapter 211, Municipal Zoning Authority;
      2. (B)
        TLGC Chapter 212, Municipal Regulation of Subdivisions and Property Development;
      3. (C)
      4. (D)
        TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
      5. (E)
        TLGC Chapter 216, Regulation of Signs by Municipalities;
      6. (F)
        TLGC Chapter 242, Authority to Regulate Subdivisions In and Outside Extraterritorial Jurisdiction;
      7. (G)
        TLGC Chapter 243Municipal and County Authority to Regulate Sexually Oriented Business;
      8. (H)
        TLGC Chapter 244Location of Certain Facilities and Shelters;
      9. (I)
        TLGC Chapter 245Issuance of Local Permits;
      10. (J)
        TLGC Chapter 246Construction of Certain Telecommunications Facilities; and
      11. (K)
        TWC Sec. 16.315, Political Subdivisions. 
    2. (2)

      Charter. Pursuant to the provisions of the City’s Home Rule Charter and Code of Ordinances;

    1. (b)
      Jurisdiction
    1.   
      1. (1)
        Generally.  All provisions of this ULDO apply within the corporate limits of the City of Borger.
      2. (2)
        Extraterritorial Jurisdiction (ETJ). In order to ensure orderly, fiscally, and environmentally responsible growth of the City and its one-mile area of subdivision control, all provisions of this ULDO apply in the ETJ except for:
    1.   
      1.   
        1. (A)
          Section 14.01.200Base Districts and Standards;
        2. (B)
          Section 14.01.300Use Standards; and,
        3. (C)
          Section 14.02.400Trees, Landscaping, and Buffering.

    Effective on: 8/9/2022

    Subsection 14.01.104 Effective Date

    August 9, 2022, shall be the date when this Unified Land Development Ordinance (ULDO) becomes effective and enters into the full force of law.

     

    Effective on: 8/9/2022

    Subsection 14.01.201 District Establishment

  • (a)
    Purpose.  The purpose of this Section is to establish zoning districts and to set out permitted, conditional, and prohibited uses in each zoning district.  The zoning districts are shown on the Official Zoning Map, which is established below in Subsection 14.01.201(d), Official Zoning Map, below.
  • (b)
    Applicability.  No building or land may be used, and no structure may be erected, altered, or moved that is used or designed to be used for any purpose other than a use that is permitted or conditionally permitted in a zoning district in which that building or land is located.
  • (c)
    Zoning Districts.  This Section divides the City into the zoning districts set forth in Table 14.01.201-1, Zoning Districts, below.  In addition, the Table shows the future land use class from the Comprehensive Plan that each zoning district implements, lists the available development types that are  further articulated in this Section, and establishes purpose statements for each zoning district and development type combination. 
  • Table 14.01.201-1, Zoning Districts
    Future Land Use ClassZoning District (Abbreviation)Development TypePurpose: The purpose of this zoning district and neighborhood type is to provide for: Former Zoning District
    Residential Districts 
    Rural RE, Rural and EstateRural Lands that are sparsely developed with mainly natural areas, large lots, and very low-density residential uses that reflect a rural character.Estate and Agriculture
    (EA)
    Estate Residential ConventionalSubdivisions planned with large acreages that are clearly set apart from other dwellings integrated with areas of open space, nature preserves, and passive recreation areas. 
    General ResidentialGR, General ResidentialConventionalModerately-sized lots for single-family detached dwellings in a conventional neighborhood environment.

    One-Family Dwelling (1F-1,1F-2)

    Planned Development (PD)

    Park ProximitySmaller-sized lots for single-family detached dwellings located totally or partially within an established park service area of a City-owned park site.   Park-oriented subdivisions shall be permitted higher densities and require lower amounts of new open space due to the development site's close proximity to existing recreational amenities and open spaces.
    SU, Semi-Urban ResidentialConventionalSmall- to moderate-sized lots for conventional single-family detached and single-family attached dwelling units.  

    General Residence (GR)

    Planned Development (PD)

    Park-ProximitySmaller-sized lots for single-family detached and attached dwellings located totally or partially within an established park service area of a City-owned park site.   Park-oriented subdivisions shall be permitted higher densities and require lower amounts of new open space due to the development site's close proximity to existing recreational amenities and open spaces.
    Alley LoadedSmall-sized lot for single-family detached dwellings that only provide vehicular access to a development lot from the rear yard utilizing a public or private alley.  
    Multi-Family ResidentialMR, Multi-Family ResidentialConventionalMultiple residential unit development at a greater density (units per building or acre) than found in single-family residential.  This district can provide a transition from primarily residential to mainly non-residential areas.  Higher densities may be appropriate in certain locations.  Site design and open space standards may be applied to offset the relative density of this residential type, to ensure adequate recreational space on the site for residents, and to provide buffering and screening between this and less dense residential uses. General Residence (GR)
    Planned Development (PD)  
    Mixed-Use Districts
    Downtown Area Mixed-UseDA, Downtown Area (Mixed-Use)Mixed-UseThe most densely developed area of the community in terms of the greatest coverage of sites with building footprints and the least amount of private development devoted to off-street parking and landscaping.  Parking is accommodated on-street and/or within public parking areas which facilitate minimal building front setback, the feeling of "architectural enclosure" and a general area more conducive to pedestrian activity and interaction.Central Business (CB)
    Corridor Mixed-UseC-MU, Corridor Mixed-UseMixed-Use A mix of commercial retail, office, and service uses along and near a high-profile roadway corridor.  The mix of uses may include residential, especially to provide additional housing options and forms within the community.  Major public and/or institutional facilities may also serve as development anchors within the area.N/A
    Nonresidential Districts 
    Suburban Commercial

    SC, Suburban Commercial

    Nonresidential 

    Commercial developments, whether at a neighborhood-focused or larger scale that stands apart from most auto-oriented contemporary development.

    Commercial (C)
    Retail (R)
    Neighborhood Service (NS)
    Planned Development (PD)

    Commercial

    C, General CommercialProperties in commercial retail, office, and service uses, primarily along portions of major roadway corridors within the community for high visibility and accessibility, but also in other locations to accommodate neighborhood-focused businesses.  Regional-level commercial uses include typical "big-box" developments that will draw patrons from a wide area, while neighborhood-focused businesses include smaller footprint sites that cater to serving a smaller area.
    Industrial - Light and HeavyIL, Industrial - LightThe development of heavy commercial, office, and/or light industrial uses with auto-urban character.  These uses are generally comprised of enhanced site and building standards (for example, operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create higher quality industrial parks or employment centers.Light Industrial (LI)
    Planned Development (PD)
    IH, Industrial - HeavyThe development of a range of industrial enterprises with auto-urban character.  These uses may include such things as manufacturing, fabrication, with both indoor and outdoor operations, on-site storage, and display, and may have heavy truck traffic.  Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts.  As such, these uses are generally well buffered against abutting uses.  These areas are required to utilize an urban level of services.Heavy Industrial (HI)
    Other
    Public/InstitutionalPI, Public/
    Institutional
    Nonresidential

    The public facility land uses and their vicinities that warrant special consideration.  Such consideration is necessary either to:

    (1) protect a major community asset or other highly-valued use; or,

    (2) buffer and protect nearby properties from potential adverse effects depending on the nature and operational aspects of public use.

    Park

    (P)

    Table 14.01.201-1, Zoning Districts
    Future Land Use ClassZoning District (Abbreviation)Development TypePurpose: The purpose of this zoning district and neighborhood type is to provide for: Former Zoning District
    Residential Districts 
    Rural RE, Rural and EstateRural Lands that are sparsely developed with mainly natural areas, large lots, and very low-density residential uses that reflect a rural character.Estate and Agriculture
    (EA)
    Estate Residential ConventionalSubdivisions planned with large acreages that are clearly set apart from other dwellings integrated with areas of open space, nature preserves, and passive recreation areas. 
    General ResidentialGR, General ResidentialConventionalModerately-sized lots for single-family detached dwellings in a conventional neighborhood environment.

    One-Family Dwelling (1F-1,1F-2)

    Planned Development (PD)

    Park ProximitySmaller-sized lots for single-family detached dwellings located totally or partially within an established park service area of a City-owned park site.   Park-oriented subdivisions shall be permitted higher densities and require lower amounts of new open space due to the development site's close proximity to existing recreational amenities and open spaces.
    SU, Semi-Urban ResidentialConventionalSmall- to moderate-sized lots for conventional single-family detached and single-family attached dwelling units.  

    General Residence (GR)

    Planned Development (PD)

    Park-ProximitySmaller-sized lots for single-family detached and attached dwellings located totally or partially within an established park service area of a City-owned park site.   Park-oriented subdivisions shall be permitted higher densities and require lower amounts of new open space due to the development site's close proximity to existing recreational amenities and open spaces.
    Alley LoadedSmall-sized lot for single-family detached dwellings that only provide vehicular access to a development lot from the rear yard utilizing a public or private alley.  
    Multi-Family ResidentialMR, Multi-Family ResidentialConventionalMultiple residential unit development at a greater density (units per building or acre) than found in single-family residential.  This district can provide a transition from primarily residential to mainly non-residential areas.  Higher densities may be appropriate in certain locations.  Site design and open space standards may be applied to offset the relative density of this residential type, to ensure adequate recreational space on the site for residents, and to provide buffering and screening between this and less dense residential uses. General Residence (GR)
    Planned Development (PD)  
    Mixed-Use Districts
    Downtown Area Mixed-UseDA, Downtown Area (Mixed-Use)Mixed-UseThe most densely developed area of the community in terms of the greatest coverage of sites with building footprints and the least amount of private development devoted to off-street parking and landscaping.  Parking is accommodated on-street and/or within public parking areas which facilitate minimal building front setback, the feeling of "architectural enclosure" and a general area more conducive to pedestrian activity and interaction.Central Business (CB)
    Corridor Mixed-UseC-MU, Corridor Mixed-UseMixed-Use A mix of commercial retail, office, and service uses along and near a high-profile roadway corridor.  The mix of uses may include residential, especially to provide additional housing options and forms within the community.  Major public and/or institutional facilities may also serve as development anchors within the area.N/A
    Nonresidential Districts 
    Suburban Commercial

    SC, Suburban Commercial

    Nonresidential 

    Commercial developments, whether at a neighborhood-focused or larger scale that stands apart from most auto-oriented contemporary development.

    Commercial (C)
    Retail (R)
    Neighborhood Service (NS)
    Planned Development (PD)

    Commercial

    C, General CommercialProperties in commercial retail, office, and service uses, primarily along portions of major roadway corridors within the community for high visibility and accessibility, but also in other locations to accommodate neighborhood-focused businesses.  Regional-level commercial uses include typical "big-box" developments that will draw patrons from a wide area, while neighborhood-focused businesses include smaller footprint sites that cater to serving a smaller area.
    Industrial - Light and HeavyIL, Industrial - LightThe development of heavy commercial, office, and/or light industrial uses with auto-urban character.  These uses are generally comprised of enhanced site and building standards (for example, operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create higher quality industrial parks or employment centers.Light Industrial (LI)
    Planned Development (PD)
    IH, Industrial - HeavyThe development of a range of industrial enterprises with auto-urban character.  These uses may include such things as manufacturing, fabrication, with both indoor and outdoor operations, on-site storage, and display, and may have heavy truck traffic.  Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts.  As such, these uses are generally well buffered against abutting uses.  These areas are required to utilize an urban level of services.Heavy Industrial (HI)
    Other
    Public/InstitutionalPI, Public/
    Institutional
    Nonresidential

    The public facility land uses and their vicinities that warrant special consideration.  Such consideration is necessary either to:

    (1) protect a major community asset or other highly-valued use; or,

    (2) buffer and protect nearby properties from potential adverse effects depending on the nature and operational aspects of public use.

    Park

    (P)

    Table 14.01.201-1, Zoning Districts
    Future Land Use ClassZoning District (Abbreviation)Development TypePurpose: The purpose of this zoning district and neighborhood type is to provide for: Former Zoning District
    Residential Districts 
    Rural RE, Rural and EstateRural Lands that are sparsely developed with mainly natural areas, large lots, and very low-density residential uses that reflect a rural character.Estate and Agriculture
    (EA)
    Estate Residential ConventionalSubdivisions planned with large acreages that are clearly set apart from other dwellings integrated with areas of open space, nature preserves, and passive recreation areas. 
    General ResidentialGR, General ResidentialConventionalModerately-sized lots for single-family detached dwellings in a conventional neighborhood environment.

    One-Family Dwelling (1F-1,1F-2)

    Planned Development (PD)

    Park ProximitySmaller-sized lots for single-family detached dwellings located totally or partially within an established park service area of a City-owned park site.   Park-oriented subdivisions shall be permitted higher densities and require lower amounts of new open space due to the development site's close proximity to existing recreational amenities and open spaces.
    SU, Semi-Urban ResidentialConventionalSmall- to moderate-sized lots for conventional single-family detached and single-family attached dwelling units.  

    General Residence (GR)

    Planned Development (PD)

    Park-ProximitySmaller-sized lots for single-family detached and attached dwellings located totally or partially within an established park service area of a City-owned park site.   Park-oriented subdivisions shall be permitted higher densities and require lower amounts of new open space due to the development site's close proximity to existing recreational amenities and open spaces.
    Alley LoadedSmall-sized lot for single-family detached dwellings that only provide vehicular access to a development lot from the rear yard utilizing a public or private alley.  
    Multi-Family ResidentialMR, Multi-Family ResidentialConventionalMultiple residential unit development at a greater density (units per building or acre) than found in single-family residential.  This district can provide a transition from primarily residential to mainly non-residential areas.  Higher densities may be appropriate in certain locations.  Site design and open space standards may be applied to offset the relative density of this residential type, to ensure adequate recreational space on the site for residents, and to provide buffering and screening between this and less dense residential uses. General Residence (GR)
    Planned Development (PD)  
    Mixed-Use Districts
    Downtown Area Mixed-UseDA, Downtown Area (Mixed-Use)Mixed-UseThe most densely developed area of the community in terms of the greatest coverage of sites with building footprints and the least amount of private development devoted to off-street parking and landscaping.  Parking is accommodated on-street and/or within public parking areas which facilitate minimal building front setback, the feeling of "architectural enclosure" and a general area more conducive to pedestrian activity and interaction.Central Business (CB)
    Corridor Mixed-UseC-MU, Corridor Mixed-UseMixed-Use A mix of commercial retail, office, and service uses along and near a high-profile roadway corridor.  The mix of uses may include residential, especially to provide additional housing options and forms within the community.  Major public and/or institutional facilities may also serve as development anchors within the area.N/A
    Nonresidential Districts 
    Suburban Commercial

    SC, Suburban Commercial

    Nonresidential 

    Commercial developments, whether at a neighborhood-focused or larger scale that stands apart from most auto-oriented contemporary development.

    Commercial (C)
    Retail (R)
    Neighborhood Service (NS)
    Planned Development (PD)

    Commercial

    C, General CommercialProperties in commercial retail, office, and service uses, primarily along portions of major roadway corridors within the community for high visibility and accessibility, but also in other locations to accommodate neighborhood-focused businesses.  Regional-level commercial uses include typical "big-box" developments that will draw patrons from a wide area, while neighborhood-focused businesses include smaller footprint sites that cater to serving a smaller area.
    Industrial - Light and HeavyIL, Industrial - LightThe development of heavy commercial, office, and/or light industrial uses with auto-urban character.  These uses are generally comprised of enhanced site and building standards (for example, operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create higher quality industrial parks or employment centers.Light Industrial (LI)
    Planned Development (PD)
    IH, Industrial - HeavyThe development of a range of industrial enterprises with auto-urban character.  These uses may include such things as manufacturing, fabrication, with both indoor and outdoor operations, on-site storage, and display, and may have heavy truck traffic.  Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts.  As such, these uses are generally well buffered against abutting uses.  These areas are required to utilize an urban level of services.Heavy Industrial (HI)
    Other
    Public/InstitutionalPI, Public/
    Institutional
    Nonresidential

    The public facility land uses and their vicinities that warrant special consideration.  Such consideration is necessary either to:

    (1) protect a major community asset or other highly-valued use; or,

    (2) buffer and protect nearby properties from potential adverse effects depending on the nature and operational aspects of public use.

    Park

    (P)

    Table 14.01.201-1, Zoning Districts
    Future Land Use ClassZoning District (Abbreviation)Development TypePurpose: The purpose of this zoning district and neighborhood type is to provide for: Former Zoning District
    Residential Districts 
    Rural RE, Rural and EstateRural Lands that are sparsely developed with mainly natural areas, large lots, and very low-density residential uses that reflect a rural character.Estate and Agriculture
    (EA)
    Estate Residential ConventionalSubdivisions planned with large acreages that are clearly set apart from other dwellings integrated with areas of open space, nature preserves, and passive recreation areas. 
    General ResidentialGR, General ResidentialConventionalModerately-sized lots for single-family detached dwellings in a conventional neighborhood environment.

    One-Family Dwelling (1F-1,1F-2)

    Planned Development (PD)

    Park ProximitySmaller-sized lots for single-family detached dwellings located totally or partially within an established park service area of a City-owned park site.   Park-oriented subdivisions shall be permitted higher densities and require lower amounts of new open space due to the development site's close proximity to existing recreational amenities and open spaces.
    SU, Semi-Urban ResidentialConventionalSmall- to moderate-sized lots for conventional single-family detached and single-family attached dwelling units.  

    General Residence (GR)

    Planned Development (PD)

    Park-ProximitySmaller-sized lots for single-family detached and attached dwellings located totally or partially within an established park service area of a City-owned park site.   Park-oriented subdivisions shall be permitted higher densities and require lower amounts of new open space due to the development site's close proximity to existing recreational amenities and open spaces.
    Alley LoadedSmall-sized lot for single-family detached dwellings that only provide vehicular access to a development lot from the rear yard utilizing a public or private alley.  
    Multi-Family ResidentialMR, Multi-Family ResidentialConventionalMultiple residential unit development at a greater density (units per building or acre) than found in single-family residential.  This district can provide a transition from primarily residential to mainly non-residential areas.  Higher densities may be appropriate in certain locations.  Site design and open space standards may be applied to offset the relative density of this residential type, to ensure adequate recreational space on the site for residents, and to provide buffering and screening between this and less dense residential uses. General Residence (GR)
    Planned Development (PD)  
    Mixed-Use Districts
    Downtown Area Mixed-UseDA, Downtown Area (Mixed-Use)Mixed-UseThe most densely developed area of the community in terms of the greatest coverage of sites with building footprints and the least amount of private development devoted to off-street parking and landscaping.  Parking is accommodated on-street and/or within public parking areas which facilitate minimal building front setback, the feeling of "architectural enclosure" and a general area more conducive to pedestrian activity and interaction.Central Business (CB)
    Corridor Mixed-UseC-MU, Corridor Mixed-UseMixed-Use A mix of commercial retail, office, and service uses along and near a high-profile roadway corridor.  The mix of uses may include residential, especially to provide additional housing options and forms within the community.  Major public and/or institutional facilities may also serve as development anchors within the area.N/A
    Nonresidential Districts 
    Suburban Commercial

    SC, Suburban Commercial

    Nonresidential 

    Commercial developments, whether at a neighborhood-focused or larger scale that stands apart from most auto-oriented contemporary development.

    Commercial (C)
    Retail (R)
    Neighborhood Service (NS)
    Planned Development (PD)

    Commercial

    C, General CommercialProperties in commercial retail, office, and service uses, primarily along portions of major roadway corridors within the community for high visibility and accessibility, but also in other locations to accommodate neighborhood-focused businesses.  Regional-level commercial uses include typical "big-box" developments that will draw patrons from a wide area, while neighborhood-focused businesses include smaller footprint sites that cater to serving a smaller area.
    Industrial - Light and HeavyIL, Industrial - LightThe development of heavy commercial, office, and/or light industrial uses with auto-urban character.  These uses are generally comprised of enhanced site and building standards (for example, operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create higher quality industrial parks or employment centers.Light Industrial (LI)
    Planned Development (PD)
    IH, Industrial - HeavyThe development of a range of industrial enterprises with auto-urban character.  These uses may include such things as manufacturing, fabrication, with both indoor and outdoor operations, on-site storage, and display, and may have heavy truck traffic.  Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts.  As such, these uses are generally well buffered against abutting uses.  These areas are required to utilize an urban level of services.Heavy Industrial (HI)
    Other
    Public/InstitutionalPI, Public/
    Institutional
    Nonresidential

    The public facility land uses and their vicinities that warrant special consideration.  Such consideration is necessary either to:

    (1) protect a major community asset or other highly-valued use; or,

    (2) buffer and protect nearby properties from potential adverse effects depending on the nature and operational aspects of public use.

    Park

    (P)

    1. (d)
      Official Zoning Map.
    1.   
      1. (1)
        Generally.  Zoning districts are shown on the map entitled "Official Zoning Map" of the City of Borger.  An official copy of the map is on file and available for inspection during regular business hours at the office of the City Secretary. 
      2. (2)
        Force and Effect.  The Official Zoning Map, together with all legends, references, symbols, boundaries, and other information, is part of and has the same force of law as the text of this ULDO.
      3. (3)
        Status of the Zoning Map.  The Official Zoning Map that is on file with the City Secretary shall control in the event of a conflict between the map that is on file and any other paper or digital reproduction of the map.
      4. (4)
        Interpreting the Zoning Map
        1. (A)
          Where the Map appears to be unclear regarding the location of district boundaries, the Director of Planning and Development (Director) shall make a determination using the following criteria:
          1. (i)
            Rights-of-Way or Easements.  Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the centerline of the rights-of-way or easement. Where the location of these features on the ground differs from that shown on the Official Zoning Map, the features on the ground control.
          2. (ii)
            City Limits.  Where district boundaries are indicated as approximately following City limits, such City limits shall be considered the district boundaries.
          3. (iii)
            Property Lines.  Where the boundaries are indicated as approximately following property lines, such lines shall be construed to be the boundaries.
          4. (iv)
            Watercourses.  Boundaries shown as following, or approximately following, the centerline of drainage ways, streams, water bodies, or other watercourses shall be construed as following the centerline.  In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the centerline.
          5. (v)
            Vacation or Abandonment.  Where a public right-of-way is officially vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street or alley.
          6. (vi)
            Annexed and Undesignated Lands.  For the purposes of ensuring that all land has a zoning designation, any land that is annexed into the City shall be zoned in accordance with its associated future land use class(es) as set forth in the Future Land Use Map in the Comprehensive Plan and in Table 14.01.201-1, Zoning Districts.
        2. (B)
          If the boundary remains uncertain, the Board of Adjustment shall interpret the Official Zoning Map to determine the location of the boundary in question. 

    Effective on: 8/9/2022

    Subsection 14.01.202 RE, Rural and Estate

  • (a)
    Development Standards.  Table 14.01.202-1, Development Standards, below, establishes the standards for developing new residential as the conventional development type in this Zoning District.  For the standards to develop as the ​​​rural development type, see  Subsection 14.01.213, Development Types.  Permitted nonresidential uses shall be developed in accordance with the standards in Subsection 14.01.209, SC, Suburban Commercial. 
  • Table 14.01.202-1,  Development Standards Figure 14.01.202-1, Development Standards 
     Lot and Building StandardsSingle-Family Detached

    -Maximum Dwelling Units per Acre0.5 (1 / 2 ac.)
    AMinimum Lot Area (acres)2
    BMinimum Lot Width (feet)100
    CMinimum Street Setback (feet)35
    DMinimum Interior Side Setback (feet)10
    EMinimum Exterior Side Setback (feet)35
    FMinimum Rear Setback (feet)10
    GMaximum Height (feet)45
    -Maximum Lot Coverage (percent)2N/A1
    TABLE NOTES:
    1. 1.
      N/A = Not applicable
    2. 2.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.  
    1. (B)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards
    2. (C)
      Building Design. Refer to Subsection 14.02.202, Single-Family and Duplex Development for additional standards.
    3. (D)
      Landscaping and Buffering.  Not applicable. 
    4. (E)
      Signage.  Permitted Signage for uses in the RE District shall be in accordance with the standards established in Section. 14.02.500Signs.

    Effective on: 8/9/2022

    Subsection 14.01.203 GR, General Residential

  • (a)
    Development Standards.  Table 14.01.203-1, Development Standards, below, establishes the standards for developing new residential as the conventional development type in this Zoning District.  For the standards to develop as the park-proximity development type, see Subsection 14.01.213, Development Types.  Permitted nonresidential uses shall be developed in accordance with the standards in Subsection 14.01.210, C, Commercial. 
  • Table 14.01.203-1,   
    Development Standards
     Figure 14.01.203-1, Development Standards
     Lot and Building StandardsSingle-Family Detached

     

    -Maximum Dwelling Units per Acre 6
    A

    Minimum Lot Area per Dwelling Unit (square feet)

    6,500

    B

    Minimum Lot Width (feet)

    60

    C

    Minimum Street Setback (feet)

    25
    DMinimum Interior Side Setback (feet) 5
    EMinimum Exterior Side Setback25
    F

    Minimum Rear Setback (feet)

    10
    GMaximum Height (feet)35
    -Maximum Lot  Coverage1 (percent)50%
    -Minimum Dwelling Unit Footprint (square feet)1,000

    TABLE NOTES:

    1. 1.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.
    1. (B)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards.
    2. (C)
      Building Design.  Refer to Subsection 14.02.202, Single-Family and Duplex Development for additional standards.
    3. (D)
      Landscaping and Buffering.  Landscape and buffering for uses in the GR District shall be in accordance with the standards established in Section. 14.02.400Trees, Landscaping, and Buffering.
    4. (E)
      Signage.  Permitted Signage for uses in the GR District shall be in accordance with the standards established in Section. 14.02.500Signs.

    (Ord. # O-002-24, 02/20/2024) 

    Effective on: 3/12/2024

    Subsection 14.01.204 SU, Semi-Urban Residential

  • (a)
    Development Standards.  Table 14.01.204-1, Development Standards, below, establishes the standards for developing new residential as the conventional development type in this Zoning District.  For standards to development as the park-proximity or alley loaded development types, see Subsection 14.01.213Development Types.  Permitted nonresidential uses shall be developed in accordance with the standards in Subsection 14.01.210, C, Commercial 
  • Table 14.01.204-1, Development Standards
     Lot and Building StandardsSingle-Family DetachedDuplex or Single-Family AttachedMultiplex
    -Maximum Dwelling Units per Acre7.014.116.0
    A

    Minimum Lot Area per Dwelling Unit (square feet)

    5,000

    2,500

    2,000

    B

    Minimum Lot Width (feet)

    50

    25

    60

    C

    Minimum Street Setback (feet)

    202020
    DMinimum Interior Side Setback (feet) 557.5
    EMinimum Exterior Side Setback (feet)202020
    F

    Minimum Rear Setback (feet)

    252520
    GMaximum Height (feet)353540
    -Maximum Lot Coverage1 (percent)50%60%65%

    TABLE NOTES:

    1. 1.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.
    Figure 14.01.204-1, Development Standards (Single-Family Detached)

    Figure 14.01.204-2, Development Standards (Duplex)

     

    Figure 14.01.204-3, Development Standards (Single-Family Attached)

    Figure 14.01.204-4, Development (Multiplex)

    1. (B)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards.
    2. (C)
      Building Design.  Refer to Subsection 14.02.202, Single-Family and Duplex Development, and Subsection 14.02.203, Multiplexes and Apartments for additional standards.
    3. (D)
      Landscaping and Buffering.  Landscape and buffering for uses in the SU District shall be in accordance with the standards established in Section 14.02.400Trees, Landscaping, and Buffering.
    4. (E)
      Signage.  Permitted signage for uses in the SU District shall be in accordance with the standards established in Section. 14.02.500, Signs.

    Effective on: 8/9/2022

    Subsection 14.01.205 MR, Multi-Family Residential

  • (a)
    Development Standards.  Table 14.01.205-1, Development Standards, below, establishes the standards for developing new residential in this Zoning District.  Permitted nonresidential uses shall be developed in accordance with the standards in Subsection 14.01.208, C-MU, Corridor Mixed-Use 
  • Table 14.01.205-1,  Development Standards
     Lot and Building StandardsMultiplex or Apartment
    -Maximum Dwelling Units per Acre19.5
    A

    Minimum Lot Area per Dwelling Unit (square feet)

    2,200
    B

    Minimum Lot Width (feet)

    100
    C

    Minimum Street Setback (feet)

    25
    DMinimum Interior Side Setback (feet) 15
    DMinimum Exterior Side Setback / Building Separation (feet)20
    F

    Minimum Rear Setback (feet)

    20
    GMaximum Height (feet)45
    -Maximum Lot Coverage1 (percent)70%

    TABLE NOTES:

    1. 1.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.

    Figure  14.01.205-1, Development Standards (Multiplex)

     

     

    Figure  14.01.205-2, Development Standards (Apartment) 

     

    1. (B)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards.
    2. (C)
      Building Design.  Refer to Subsection 14.02.202, Single-Family and Duplex Development, and Subsection 14.02.203, Multiplexes and Apartments for additional standards. 
    1. (D)
      Landscaping and Buffering.  Landscape and buffering for uses in the MR District shall be in accordance with the standards established in Section. 14.02.400Trees, Landscaping, and Buffering.
    2. (E)
      Signage.  Permitted Signage for uses in the MR District shall be in accordance with the standards established in Section. 14.02.500, Signs.

    Effective on: 8/9/2022

    Subsection 14.01.206 PI, Public/Institutional

  • (a)
    Development Standards.  Table 14.01.206-1, Development Standards, below, establishes the standards for development in this Zoning District.   
  • Table 14.01.206-1, Development Standards 







     Figure 14.01.206-1 Development Standards
    AMinimum Lot Area (square feet)5,000
    BMinimum Lot Width  (feet)50
    CMinimum Street Setback (feet)10 
    DMinimum Interior Setback (feet)51
    EMinimum Exterior Side Setback (feet)25
    FMinimum Rear Setback (feet)351
    GMaximum Height (feet)45 
    -Maximum Lot Coverage2 70% 

    TABLE NOTES:

    1. 1.
      10 feet if abutting a residentially used or zoned property.  
    2. 2.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.
    1. (b)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards.
    2. (c)
      Building Design.  Refer to  Subsection 14.02.204, Nonresidential and Mixed-Use for additional standards.
    3. (d)
      Landscaping and Buffering.  Landscape and buffering for uses in the PI District shall be in accordance with the standards established in Section. 14.02.400Trees, Landscaping, and Buffering.
    4. (e)
      Signage. Permitted Signage for uses in the PI District shall be in accordance with the standards established in Section 14.02.500Signs.

    Effective on: 8/9/2022

    Subsection 14.01.207 DA, Downtown Area

  • (a)
    Development Standards.  Table 14.01.207-1, Development Standards, below, establishes the standards for residential, nonresidential, and mixed-use development in this Zoning District 
  • Table 14.01.207-1, Development Standards
    Building Types Single-Family Detached  DuplexSingle-Family Attached and TownhouseMulti-FamilyMixed-Use or Nonresidential
    MultiplexApartment
    AMinimum Lot Area per Dwelling UnitNANANA1,200 feet1,000 feetNA
    BMinimum Lot Width (feet)35 feet 50 feet120 feetNANA25 feet
    CMinimum Street and Exterior Side Setback (feet)10 feet10 feet10 feet10 feet0 feet0 feet
    DMax. Street and Exterior Side Setback (feet)NANANANANA5 feet
    EMinimum Interior Side Setback (feet)5 feet5 feet5 feet10 feet10 feet0 feet
    FMinimum Rear Setback (feet)20 feet5 feet5 feet10 feet0 feet0 feet
    GMaximum Height (feet)35 feet35 feet35 feet40 feet50 feet80 feet
    -Maximum Lot Coverage2 (square feet)70%70%85%80%90%NA
    -

    Maximum Floor Area Ratio (FAR)3

    NANANA2.54.57.5

    TABLE NOTES: 

    1. 1.
      The minimum lot width for Duplex units shall include both units.
    2. 2.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.  
    3. 3.
      See Floor to Area Ratio as stated in Subsection 14.01.401, Measurements, to determine how to calculate FAR.  

    Figure  14.01.207-1, Development Standards (Downtown/Mixed Use) 

    1. (b)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards.
    2. (c)
      Building Design.  Refer to Section 14.02.200, Building Design for additional standards.  
    3. (d)
      Landscaping and Buffering.  Landscape and buffering for uses in the DA District shall be in accordance with the standards established in Section. 14.02.400Trees, Landscaping, and Buffering.
    4. (e)
      Signage.  Permitted Signage for uses in the DA District shall be in accordance with the standards established in Section. 14.02.500Signs.

    Effective on: 8/9/2022

    Subsection 14.01.208 C-MU, Corridor Mixed-Use

  • (a)
    Development Standards.  Table 14.01.208-1, Development Standards, below, establishes the standards for mixed-use and nonresidential development in this Zoning District and for permitted nonresidential development in applicable residential zoning districts.  ​Residential uses permitted in the C-MU District shall comply with the development standards established in Subsection 14.01.204, SU, Semi-Urban Residential, and Subsection 14.01.205, MR, Multi-Family Residential 
  • Table 14.01.208-1,
    Development Standards
     Figure 14.01.208-1, Development Standards
    A

    Minimum Lot Area (square feet)

    5,000
    BMinimum Lot Width (feet)25 ft.
    C

    Minimum Street and Exterior Side Setback 

    (feet)

    10 ft.

    DMinimum Interior Side Setback (feet)5 ft.
    EMinimum Rear Setback(feet)10 ft1
    FMaximum Height (feet)40
    -Maximum Lot Coverage2 (percent)65%

    TABLE NOTES:  

    1. 1.
      Where a commercial property abuts a residential property.  
    2. 2.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.
    1. (b)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards.
    2. (c)
      Building Design.  Refer to  Section 14.02.200, Building Design for additional standards.
    3. (d)
      Landscaping and Buffering.  Landscape and buffering for uses in the C-MU District shall be in accordance with the standards established in Section. 14.02.400Trees, Landscaping, and Buffering.
    4. (e)
      Signage.  Permitted Signage for uses in the C-MU District shall be in accordance with the standards established in Section 14.02.500, Signs.

    Effective on: 8/9/2022

    Subsection 14.01.209 SC, Suburban Commercial

  • (a)
    Development Standards.  Table 14.01.209-1, Development Standards, below, establishes the standards for nonresidential development in this Zoning District and for permitted nonresidential development in applicable residential zoning districts.  ​Residential uses permitted in the SC District shall comply with the development standards established in Subsection 14.01.205, MR, Multi-Family Residential 
  • Table 14.01.209-1,
    Development Standards

     

     

    Figure 14.01.209-1, Development Standards
    A

    Minimum Lot Area

    - Abutting resid. zoning

    - Abutting other zoning

     


    20,000

    25,000

    A

    Maximum Lot Area

    1 Acre

    BMinimum Lot Width (feet)100
    C

    Minimum Street and Exterior Side Setback (feet)

     

    - Abutting expressway or arterial

    - Abutting other street classes

     

     

     

    25

     

    20

    DMinimum Interior Side Setback (feet)10
    EMinimum Rear Setback20
    FMaximum Height 35
    -Maximum Lot Coverage1 (percent)45%
    -

    Maximum Floor Area Ratio (FAR)2

    - 1 story

    - 2 stories

     

     

    .4
    .35

    TABLE NOTES:  

    1. 1.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.
    2. 2.
      See Floor to Area Ratio as stated in Subsection 14.01.401, Measurements, to determine how to calculate FAR.
    1. (b)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards.
    2. (c)
      Building Design.  Refer to  Subsection 14.02.204, Nonresidential and Mixed-Use for additional standards.
    3. (d)
      Landscaping and Buffering.  Landscape and buffering for uses in the SC District shall be in accordance with the standards established in Section 14.02.400Trees, Landscaping, and Buffering.
    4. (e)
      Signage.  Permitted Signage for uses in the SC District shall be in accordance with the standards established in Section. 14.02.500Signs.

    Effective on: 8/9/2022

    Subsection 14.01.210 C, Commercial

  • (a)
    Development Standards. Table 14.01.210-1, Development Standards, below, establishes the standards for nonresidential development in this Zoning District.  ​Residential uses permitted in the C District shall comply with the development standards established in  Subsection 14.01.205, MR, Multi-Family Residential.   
  • Table 14.01.210-1, 
    Development Standards
     Figure 14.01.210-1, Development Standards
    A

    Minimum Lot Area (square feet)

    5,000

    BMinimum Lot Width (feet)50
    CMinimum Front Setback

    20

    DMinimum Interior Side Setback (feet)10
    EMinimum Exterior Side Setback (feet)20
    FMinimum Rear Setback20
    GMaximum Height (feet)40
    -Maximum Lot Coverage1 (percent)60%

    TABLE NOTES​​​​​​​:  

    1. 1.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.
    1. (b)
      Permitted Uses. Refer to Section 14.01.300, Use Standards.
    2. (c)
      Building Design. Refer to  Subsection 14.02.204, Nonresidential and Mixed-Use for additional standards.
    3. (d)
      Landscaping and Buffering.  Landscape and buffering for uses in the C District shall be in accordance with the standards established in Section 14.02.400Trees, Landscaping, and Buffering.
    4. (e)
      Signage.  Permitted Signage for uses in the C District shall be in accordance with the standards established in Section. 14.02.500Signs.

    Effective on: 8/9/2022

    Subsection 14.01.211 IL, Industrial – Light

  • (a)
    Development Standards.  Table 14.01.211-1, Development Standards, below, establishes the standards for development in this Zoning District 
  • Table 14.01.211-1, Development Standards 







     Figure 14.01.211-1, Development Standards
    AMinimum Lot Area (square feet)5,000
    BMinimum Lot Width (feet)50
    CMinimum Street Setback  (feet)20
    DMinimum Interior Setback (feet)10
    EMinimum Exterior Side Setback (feet)20 
    FMinimum Rear Setback  (feet)20
    GMaximum Height  (feet)60 
    -Maximum Lot Coverage1 (percent)70% 

    TABLE NOTES​​​​​​​:

    1. 1.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.
    1. (b)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards.
    2. (c)
      Building Design.  Not applicable.
    3. (d)
      Landscaping and Buffering.  Landscape and buffering standards for properties in the IL District shall be in accordance with the standards established in Section 14.02.400Trees, Landscaping, and Buffering.
    4. (e)
      Signage.  Permitted Signage for properties and buildings in the IL District shall be in accordance with the standards established in Section 14.02.500, Signs.

    Effective on: 8/9/2022

    Subsection 14.01.212 IH, Industrial – Heavy

  • (a)
    Development Standards.  Table 14.01.212-1, Development Standards, below, establishes the standards for development in this Zoning District. See Subsection 14.02.204Nonresidential and Mixed-Use for additional standards.  
  • Table 14.01.212-1, Development Standards 







     Figure 14.01.212-1, Development Standards
    AMinimum Lot Area (Square Feet)40,000
    BMinimum Lot Width (Feet)100
    CMinimum Street Setback (Feet)30
    DMinimum Interior Setback  (Feet)10
    EMinimum Exterior Side Setback  (Feet)20 
    FMinimum Rear Setback  (Feet)20
    GMaximum Height  (Feet)80 
    -Maximum Lot Coverage1 (percent)75% 

    TABLE NOTES:  

    1. 1.
      See Lot Coverage as stated in Subsection 14.01.401, Measurements, to determine how to calculate lot coverage.
    1. (b)
      Permitted Uses.  Refer to Section 14.01.300, Use Standards.
    2. (c)
      Building Design.  Not applicable. 
    3. (d)
      Landscaping and Buffering.  Landscape and buffering for properties in the IH District shall be in accordance with the standards established in Section. 14.02.400: Trees, Landscaping, and Buffering.
    4. (e)
      Signage.  Permitted Signage for properties and buildings in the IH District shall be in accordance with the standards established in Section. 14.02.4500: Signs.

    Effective on: 8/9/2022

    Subsection 14.01.213 Development Types

  • (a)
    Generally.  New residential developments are classified into four types: conventional, rural, park-proximity, and alley loaded, which are detailed in this Section.  The conventional development type is the default type for new developments and the establishment of any other development type is at the option of the applicant.  
  • (b)
    Applicability.  Table  14.01.213-1, Permitted Residential Development Types, denotes which development types are permitted in each residential district.
  •     Table 14.01.213-1

    Permitted Residential Development Types 

    Development TypeResidential Zoning Districts
     REGR SU  MR
    ConventionalPPPP
    Rural P------
    Park-Proximity --PP--
    Alley Loaded ----P--

    TABLE NOTES

    "--" = Not Permitted | "P"=Permitted

        Table 14.01.213-1

    Permitted Residential Development Types 

    Development TypeResidential Zoning Districts
     REGR SU  MR
    ConventionalPPPP
    Rural P------
    Park-Proximity --PP--
    Alley Loaded ----P--

    TABLE NOTES

    "--" = Not Permitted | "P"=Permitted

        Table 14.01.213-1

    Permitted Residential Development Types 

    Development TypeResidential Zoning Districts
     REGR SU  MR
    ConventionalPPPP
    Rural P------
    Park-Proximity --PP--
    Alley Loaded ----P--

    TABLE NOTES

    "--" = Not Permitted | "P"=Permitted

        Table 14.01.213-1

    Permitted Residential Development Types 

    Development TypeResidential Zoning Districts
     REGR SU  MR
    ConventionalPPPP
    Rural P------
    Park-Proximity --PP--
    Alley Loaded ----P--

    TABLE NOTES

    "--" = Not Permitted | "P"=Permitted

    1. (c)

      Development Types.

      1. (1)

        Conventional The conventional development type is the default pattern of development that allows residential uses development in accordance with the development standards listed in Subsection 14.01.202, RE, Rural and Estate; Subsection 14.01.203, GR, General Residential; Subsection 14.01.204, SU, Semi-Urban; and, Subsection 14.01.204, MR, Multi-Family Residential. Figure 14.01.213-1, Illustrative Conventional Development, depicts an example of the convention development type with the minimum lot size being a primary factor in the character.

      2. (2)
        Rural.  The rural development type, as depicted in Figure 14.01.213-2, Illustrative Rural Neighborhood, is a pattern of development that allows very low-density residential uses and that provides the majority of property owners with open space on their own property.  A rural development type consists of single-family detached dwelling units developed in accordance with the rural development standards of Table 14.01.213-2, Rural, ParkProximity, and Alley Loaded Development Standards.  
      3. (3)

        Park-Proximity.  The park-proximity development type, as depicted in Figure 14.01.213-3, Illustrative Park Proximity Development, consists of smaller lots that are permitted to develop at higher densities when all or a portion of the development site is located within an existing City of Borger park service area and developments in accordance with Table 14.01.213-2, Rural, Park-Proximity, and Alley Loaded Development Standards (see Park Services Area Map in the Borger Parks, Trails, and Recreation Master Plan to determine if a development site meets this park service area criteria).  The park proximity development type may be used in existing neighborhoods or greenfield development sites to increase the permitted density of a new or re-platted subdivision development by reducing the amount of open space required on the development site. 

      4. (4)

        Alley Loaded.   The alley loaded development type is depicted in Figure 14.01.213-3, Illustrative Alley Loaded Development, and is developed in accordance with the alley loaded development standards in Table 14.01.213-2, Rural, Park Proximity, and Alley Loaded Development Standard.  All residential lots in an alley loaded neighborhoods shall:

        1. (A)

          Not provide vehicular access from any lot line except the rear lot line of the parcel;

        2. (B)

          Locate garages and carports in the rear yard; and,

        3. (C)

          Garage doors or vehicle parking spaces shall face the rear lot line.    

    Figure 14.01.213-1, Illustrative Conventional Development 
    Figure 14.01.213-2, Illustrative Rural Development 

    Figure 14.01.213-3, Illustrative Park-Proximity Development 

    Figure 14.01.213-4, Illustrative Alley Loaded Development

    1. (d)

      Development Standards.  Table 14.01.213-2, Rural, Park Proximity, and Alley Loaded Development Standards, below, establishes the standards for developing new non-conventional neighborhoods in the permitted zoning districts as shown in Table 14.01.213-1, Permitted Residential Development Types.  See Section 14.01.400, Measurements and Allowances, for the methodology of measuring the standards in each column heading under Development Standards and Lot and Building Standards in the Table.  

    1. Table 14.01.213-2, RuralPark-Oriented, and Alley Loaded Development Standards
      DistrictDevelopment Type  Lot and Building Standards 
      Min. Site Area (acres)Max. DUs / AcreMin. Lot Area per DU   (Square Feet)Min. Lot WidthMin. Setbacks (feet)Max. Height (feet)
      StreetInterior SideExterior Side Rear
      RERural 101.921,780852510253035
      GRPark Proximity106.85,75050205202035
      Alley Loaded107.25,00045155151035
      SUPark Proximity107.94,50045205152035
      Alley Loaded108.33,50035155101035
      TABLE NOTES: 
      For Conventional Development Type regulations, refer to Subsections 14.01.202 through 14.01.212.
       
    2. (f)

       Sample Calculations.

      1. (1)

        Rural.  In the RE Zoning District, rural development type:

        1. (A)

          40-acre parcel proposed for development

        2. (B)

          Multiply 40 acres by 1.9 units per acre = 76 units

      2. (2)

        Park Proximity.  In the GR and SU zoning districts, park proximity development type:

        1. (A)

          40-acre parcel proposed for development

        2. (B)

          In the GR District, multiply 40 acres by 6.8 units per acre = 272 units, compared to 240 units for the same property under the conventional development type 

        3. (C)
          In the SU District, multiply 40 acres by 7.9 units per acre = 316 units, compared to 280 units for the same property under the  conventional development type  
      3. (3)

        Alley Loaded.  In the GR and SU zoning districts, alley loaded development type:

        1. (A)
          40-acre parcel proposed for development
        2. (B)
          In the GR District, multiply 40 acres by 7.2 units per acre = 288 units, compared to 240 units for the same property under the conventional development type
        3. (C)
          In the SU District, multiply 40 acres by 8.3 units per acre = 332 units, compared to 280 units for the same property under the conventional development type

    Effective on: 8/9/2022

    Subsection 14.01.301 Use Table

  • (a)
    Permitted Use Table. ​ All development and uses of land and buildings within the City of Borger, and within each zoning district, shall be as set forth in Table 14.01.301, Permitted Uses by District.
  • (b)
    Permitted Land Uses.  The land uses in Table 14.01.301, Permitted Uses by District, below are classified and symbolized by the following:
    1. (1)
      Permitted (P);
    2. (2)
      Permitted subject to approval by the Director of Planning and Development (Director) and limited use standards (L) [See Subsection 14.01.303, Limited Use Standards];
    3. (3)
      Permitted subject to approval of a Special Use Permit by the City Council (S) [See Subsection 14.01.304, Special Use Permit]; and,
    4. (4)
      Prohibited (--).
  • Table 14.01.301, Permitted Uses by District
    Use
    Category
    Specific
    Use1
    ResidentialMixed-UsePublic and NonresidentialUse-Specific Standards
    REGRSUMRDAC-MUSCCILIHPI
    Residential and Agriculture
    Agriculture and Animal ServicesCommunity Garden PLLLLLLL----PSubsection 14.01.303
    Feed Store--------PPPPPP----
    Greenhouse, Nursery L--------------L----Subsection 14.01.303
    Kennel------------LLP----Subsection 14.01.303
    Veterinary Clinic or Veterinary Hospital----------LLLP----Subsection 14.01.303
    Agriculture and Animal Services (Other than Listed)P----------------------
    Household LivingAccessory Dwelling UnitLLLL--------------Subsection 14.01.303
    Apartment------PPPPP--------
    Dwelling, Single-Family DetachedPPPPL------------

    Subsection 14.01.303

    Dwelling, Single-Family Attached----PPLP----------Subsection 14.01.303
    Duplex ----PPL------------Subsection 14.01.303
    Live-Work Unit--------LL----------Subsection 14.01.303
    Multiplex----PPPP------------
    Manufactured Home ParkSSS--------S------

    Subsection 14.01.304

    14.01.307
    Manufactured Home SubdivisionSSS----------------

    Subsection

    14.01.304

    14.01.307
    Manufactured Home (Stand Alone)S--S----------------

    Subsection 14.01.304

    14.01.307

    Upper-Story Dwelling Unit--------P--------------
    Group LivingAssisted Living Facility or Nursing Home------P--PPP--------
    Boarding House------P----PPP------
    Community Home Persons with DisabilitiesLLLLLL----------Subsection 14.01.303
    Group Home ------SSS----S----Subsection 14.01.304
    Civic and Institutional
    CivicCommunity, Senior, or Youth Center--PPPPPPPP--P--
    Funeral Services--------PP--PPPP--
    Library, Museum, and Gallery--------PPPPPPP--
    Public Assembly FacilityLLLL--PPPP--PSubsection 14.01.303
    Day CareAdult Day Care Center--------PPPPP--P--
    Child Day Care Center or Pre-School------LPPLLL--PSubsection 14.01.303
    Educational FacilitiesCollege and UniversitySSSSPPPPP--PSubsection 14.01.304
    School, Vocational, and Trade --------PPPPP--P--
    Educational Facilities (Other than Listed)PPPPPPPPP--P--
    Governmental Facilities All Governmental FacilitiesPPPPPPPPPPP--
    Medical Facilities Medical or Dental Clinic------LPPPPP--PSubsection 14.01.303
    Medical Facility  (Other than Listed)SSSSPPPPP--PSubsection 14.01.304
    Passenger Terminal Airport--------------------P--
    Passenger Terminal (Other than Listed)----------------PP----
    Parks and Open AreasCemetery, Columbarium, Mausoleum, and Memorial ParkLLLLPPPPPPPSubsection 14.01.303
    Parks and Open Areas (Other than Listed)PPPPPPPPP--P--
    Social Service All Social Service Uses--------SSSS------Subsection 14.01.304
    Utilities Utilities, MinorPPPPPPPPPPP--
    Utilities, MajorSSSSSSSLSPP

    Subsection 14.01.304

    14.01.306

    Commercial
    Entertainment, IndoorAdult Business------------------S--Subsection 14.01.304
    Bar, Tavern, and Lounge--------LLLLL----Subsection 14.01.303
    Game Room and Amusement Redemption Machines--------SSSSS----

    Subsection

    14.01.304

    14.01.309

    Indoor Commercial Amusement (Other than Listed)--------PPPPP------
    Entertainment, Outdoor Country Club (Private) with Golf CoursePS--S----PPPP--Subsection 14.01.304
    Farmers Market --------PPPP----P--
    Outdoor Commercial Amusement (Other than Listed) --------PPPPPPP--
    Office Bank and Credit Union --------PPPPP----Subsection 14.01.303
    Check Cashing or Payday Loan Business--------------P--------
    Office (Other than Listed)------SPPPPP----Subsection 14.01.304
    Overnight Accommodations Bed and Breakfast InnLLLLLLLLL----Subsection 14.01.303
    Campground with Overnight Accommodations------------PPP------
    Recreational Vehicle (RV) Park------------SLL----

    Subsection 14.01.304

    14.01.308

    Hotel or Motel--------PPPPP------
    Repair-Oriented All Repair-Oriented Uses--------PPPPP------
    Restaurant All Restaurants--------PPPPP------
    Sales-Oriented All Sales-Oriented Uses--------PPPPP------
    Tobacco and Smoke Shops----------LLLLLL

    Subsection 14.01.303

    Service-Oriented All Service-Oriented Uses--------PPPPP------
    Vehicle Sales and Service Car Wash ------------PPPP----
    Fuel Sales (Retail)--------LLPPPP--Subsection 14.01.303
    Manufactured, Mobile Homes, Portable Buildings, and Trailer Sales or Rental------------PPPP----
    Vehicle Sales, Rental, and Leasing------------PPP------
    Vehicle Service and Repair----------LPPPP--Subsection 14.01.303
    Industrial
    Heavy Industrial Animal Slaughterhouse or Packaging Plant------------------S--Subsection 14.01.304
    Batch Plant----------------SP--Subsection 14.01.304
    Carbon Black Manufacturing------------------S--Subsection 14.01.304
    Heavy Industrial (Other than Listed)------------------P----
    Light Industrial Micro-Manufacturing--------LLLLPP--Subsection 14.01.303
    Light Industrial (Other than Listed)----------------PP----
    Resource ExtractionGas Well S----SSSSPPPSSubsection 14.01.304
    Resource Extraction (Other than Listed)S--------------PP--Subsection 14.01.304
    Self-Service StorageBoat and Recreational Vehicle Outdoor Storage----------------PP----
    Self-Service Storage Facility--------------LPP--Subsection 14.01.303
    Warehousing and Storage Outdoor Storage Yard--------------LPP--Subsection 14.01.303
    Warehousing and Storage Uses (Other than Listed) ----------------PP----
    Waste-Related Recycling Collection Facility------------------LLSubsection 14.01.303
    Waste Transfer Facility------------------L--Subsection 14.01.303
    Wholesale Trade Fuel Sales and Storage (Bulk)------------------P----
    Wholesale Trade (Other than Listed) ----------------PP----
    TABLE NOTES:
    1. 1.
      Specific uses and use categories are defined in Section 14.09.200Definitions.
    Table 14.01.301, Permitted Uses by District
    Use
    Category
    Specific
    Use1
    ResidentialMixed-UsePublic and NonresidentialUse-Specific Standards
    REGRSUMRDAC-MUSCCILIHPI
    Residential and Agriculture
    Agriculture and Animal ServicesCommunity Garden PLLLLLLL----PSubsection 14.01.303
    Feed Store--------PPPPPP----
    Greenhouse, Nursery L--------------L----Subsection 14.01.303
    Kennel------------LLP----Subsection 14.01.303
    Veterinary Clinic or Veterinary Hospital----------LLLP----Subsection 14.01.303
    Agriculture and Animal Services (Other than Listed)P----------------------
    Household LivingAccessory Dwelling UnitLLLL--------------Subsection 14.01.303
    Apartment------PPPPP--------
    Dwelling, Single-Family DetachedPPPPL------------

    Subsection 14.01.303

    Dwelling, Single-Family Attached----PPLP----------Subsection 14.01.303
    Duplex ----PPL------------Subsection 14.01.303
    Live-Work Unit--------LL----------Subsection 14.01.303
    Multiplex----PPPP------------
    Manufactured Home ParkSSS--------S------

    Subsection 14.01.304

    14.01.307
    Manufactured Home SubdivisionSSS----------------

    Subsection

    14.01.304

    14.01.307
    Manufactured Home (Stand Alone)S--S----------------

    Subsection 14.01.304

    14.01.307

    Upper-Story Dwelling Unit--------P--------------
    Group LivingAssisted Living Facility or Nursing Home------P--PPP--------
    Boarding House------P----PPP------
    Community Home Persons with DisabilitiesLLLLLL----------Subsection 14.01.303
    Group Home ------SSS----S----Subsection 14.01.304
    Civic and Institutional
    CivicCommunity, Senior, or Youth Center--PPPPPPPP--P--
    Funeral Services--------PP--PPPP--
    Library, Museum, and Gallery--------PPPPPPP--
    Public Assembly FacilityLLLL--PPPP--PSubsection 14.01.303
    Day CareAdult Day Care Center--------PPPPP--P--
    Child Day Care Center or Pre-School------LPPLLL--PSubsection 14.01.303
    Educational FacilitiesCollege and UniversitySSSSPPPPP--PSubsection 14.01.304
    School, Vocational, and Trade --------PPPPP--P--
    Educational Facilities (Other than Listed)PPPPPPPPP--P--
    Governmental Facilities All Governmental FacilitiesPPPPPPPPPPP--
    Medical Facilities Medical or Dental Clinic------LPPPPP--PSubsection 14.01.303
    Medical Facility  (Other than Listed)SSSSPPPPP--PSubsection 14.01.304
    Passenger Terminal Airport--------------------P--
    Passenger Terminal (Other than Listed)----------------PP----
    Parks and Open AreasCemetery, Columbarium, Mausoleum, and Memorial ParkLLLLPPPPPPPSubsection 14.01.303
    Parks and Open Areas (Other than Listed)PPPPPPPPP--P--
    Social Service All Social Service Uses--------SSSS------Subsection 14.01.304
    Utilities Utilities, MinorPPPPPPPPPPP--
    Utilities, MajorSSSSSSSLSPP

    Subsection 14.01.304

    14.01.306

    Commercial
    Entertainment, IndoorAdult Business------------------S--Subsection 14.01.304
    Bar, Tavern, and Lounge--------LLLLL----Subsection 14.01.303
    Game Room and Amusement Redemption Machines--------SSSSS----

    Subsection

    14.01.304

    14.01.309

    Indoor Commercial Amusement (Other than Listed)--------PPPPP------
    Entertainment, Outdoor Country Club (Private) with Golf CoursePS--S----PPPP--Subsection 14.01.304
    Farmers Market --------PPPP----P--
    Outdoor Commercial Amusement (Other than Listed) --------PPPPPPP--
    Office Bank and Credit Union --------PPPPP----Subsection 14.01.303
    Check Cashing or Payday Loan Business--------------P--------
    Office (Other than Listed)------SPPPPP----Subsection 14.01.304
    Overnight Accommodations Bed and Breakfast InnLLLLLLLLL----Subsection 14.01.303
    Campground with Overnight Accommodations------------PPP------
    Recreational Vehicle (RV) Park------------SLL----

    Subsection 14.01.304

    14.01.308

    Hotel or Motel--------PPPPP------
    Repair-Oriented All Repair-Oriented Uses--------PPPPP------
    Restaurant All Restaurants--------PPPPP------
    Sales-Oriented All Sales-Oriented Uses--------PPPPP------
    Tobacco and Smoke Shops----------LLLLLL

    Subsection 14.01.303

    Service-Oriented All Service-Oriented Uses--------PPPPP------
    Vehicle Sales and Service Car Wash ------------PPPP----
    Fuel Sales (Retail)--------LLPPPP--Subsection 14.01.303
    Manufactured, Mobile Homes, Portable Buildings, and Trailer Sales or Rental------------PPPP----
    Vehicle Sales, Rental, and Leasing------------PPP------
    Vehicle Service and Repair----------LPPPP--Subsection 14.01.303
    Industrial
    Heavy Industrial Animal Slaughterhouse or Packaging Plant------------------S--Subsection 14.01.304
    Batch Plant----------------SP--Subsection 14.01.304
    Carbon Black Manufacturing------------------S--Subsection 14.01.304
    Heavy Industrial (Other than Listed)------------------P----
    Light Industrial Micro-Manufacturing--------LLLLPP--Subsection 14.01.303
    Light Industrial (Other than Listed)----------------PP----
    Resource ExtractionGas Well S----SSSSPPPSSubsection 14.01.304
    Resource Extraction (Other than Listed)S--------------PP--Subsection 14.01.304
    Self-Service StorageBoat and Recreational Vehicle Outdoor Storage----------------PP----
    Self-Service Storage Facility--------------LPP--Subsection 14.01.303
    Warehousing and Storage Outdoor Storage Yard--------------LPP--Subsection 14.01.303
    Warehousing and Storage Uses (Other than Listed) ----------------PP----
    Waste-Related Recycling Collection Facility------------------LLSubsection 14.01.303
    Waste Transfer Facility------------------L--Subsection 14.01.303
    Wholesale Trade Fuel Sales and Storage (Bulk)------------------P----
    Wholesale Trade (Other than Listed) ----------------PP----
    TABLE NOTES:
    1. 1.
      Specific uses and use categories are defined in Section 14.09.200Definitions.
    Table 14.01.301, Permitted Uses by District
    Use
    Category
    Specific
    Use1
    ResidentialMixed-UsePublic and NonresidentialUse-Specific Standards
    REGRSUMRDAC-MUSCCILIHPI
    Residential and Agriculture
    Agriculture and Animal ServicesCommunity Garden PLLLLLLL----PSubsection 14.01.303
    Feed Store--------PPPPPP----
    Greenhouse, Nursery L--------------L----Subsection 14.01.303
    Kennel------------LLP----Subsection 14.01.303
    Veterinary Clinic or Veterinary Hospital----------LLLP----Subsection 14.01.303
    Agriculture and Animal Services (Other than Listed)P----------------------
    Household LivingAccessory Dwelling UnitLLLL--------------Subsection 14.01.303
    Apartment------PPPPP--------
    Dwelling, Single-Family DetachedPPPPL------------

    Subsection 14.01.303

    Dwelling, Single-Family Attached----PPLP----------Subsection 14.01.303
    Duplex ----PPL------------Subsection 14.01.303
    Live-Work Unit--------LL----------Subsection 14.01.303
    Multiplex----PPPP------------
    Manufactured Home ParkSSS--------S------

    Subsection 14.01.304

    14.01.307
    Manufactured Home SubdivisionSSS----------------

    Subsection

    14.01.304

    14.01.307
    Manufactured Home (Stand Alone)S--S----------------

    Subsection 14.01.304

    14.01.307

    Upper-Story Dwelling Unit--------P--------------
    Group LivingAssisted Living Facility or Nursing Home------P--PPP--------
    Boarding House------P----PPP------
    Community Home Persons with DisabilitiesLLLLLL----------Subsection 14.01.303
    Group Home ------SSS----S----Subsection 14.01.304
    Civic and Institutional
    CivicCommunity, Senior, or Youth Center--PPPPPPPP--P--
    Funeral Services--------PP--PPPP--
    Library, Museum, and Gallery--------PPPPPPP--
    Public Assembly FacilityLLLL--PPPP--PSubsection 14.01.303
    Day CareAdult Day Care Center--------PPPPP--P--
    Child Day Care Center or Pre-School------LPPLLL--PSubsection 14.01.303
    Educational FacilitiesCollege and UniversitySSSSPPPPP--PSubsection 14.01.304
    School, Vocational, and Trade --------PPPPP--P--
    Educational Facilities (Other than Listed)PPPPPPPPP--P--
    Governmental Facilities All Governmental FacilitiesPPPPPPPPPPP--
    Medical Facilities Medical or Dental Clinic------LPPPPP--PSubsection 14.01.303
    Medical Facility  (Other than Listed)SSSSPPPPP--PSubsection 14.01.304
    Passenger Terminal Airport--------------------P--
    Passenger Terminal (Other than Listed)----------------PP----
    Parks and Open AreasCemetery, Columbarium, Mausoleum, and Memorial ParkLLLLPPPPPPPSubsection 14.01.303
    Parks and Open Areas (Other than Listed)PPPPPPPPP--P--
    Social Service All Social Service Uses--------SSSS------Subsection 14.01.304
    Utilities Utilities, MinorPPPPPPPPPPP--
    Utilities, MajorSSSSSSSLSPP

    Subsection 14.01.304

    14.01.306

    Commercial
    Entertainment, IndoorAdult Business------------------S--Subsection 14.01.304
    Bar, Tavern, and Lounge--------LLLLL----Subsection 14.01.303
    Game Room and Amusement Redemption Machines--------SSSSS----

    Subsection

    14.01.304

    14.01.309

    Indoor Commercial Amusement (Other than Listed)--------PPPPP------
    Entertainment, Outdoor Country Club (Private) with Golf CoursePS--S----PPPP--Subsection 14.01.304
    Farmers Market --------PPPP----P--
    Outdoor Commercial Amusement (Other than Listed) --------PPPPPPP--
    Office Bank and Credit Union --------PPPPP----Subsection 14.01.303
    Check Cashing or Payday Loan Business--------------P--------
    Office (Other than Listed)------SPPPPP----Subsection 14.01.304
    Overnight Accommodations Bed and Breakfast InnLLLLLLLLL----Subsection 14.01.303
    Campground with Overnight Accommodations------------PPP------
    Recreational Vehicle (RV) Park------------SLL----

    Subsection 14.01.304

    14.01.308

    Hotel or Motel--------PPPPP------
    Repair-Oriented All Repair-Oriented Uses--------PPPPP------
    Restaurant All Restaurants--------PPPPP------
    Sales-Oriented All Sales-Oriented Uses--------PPPPP------
    Tobacco and Smoke Shops----------LLLLLL

    Subsection 14.01.303

    Service-Oriented All Service-Oriented Uses--------PPPPP------
    Vehicle Sales and Service Car Wash ------------PPPP----
    Fuel Sales (Retail)--------LLPPPP--Subsection 14.01.303
    Manufactured, Mobile Homes, Portable Buildings, and Trailer Sales or Rental------------PPPP----
    Vehicle Sales, Rental, and Leasing------------PPP------
    Vehicle Service and Repair----------LPPPP--Subsection 14.01.303
    Industrial
    Heavy Industrial Animal Slaughterhouse or Packaging Plant------------------S--Subsection 14.01.304
    Batch Plant----------------SP--Subsection 14.01.304
    Carbon Black Manufacturing------------------S--Subsection 14.01.304
    Heavy Industrial (Other than Listed)------------------P----
    Light Industrial Micro-Manufacturing--------LLLLPP--Subsection 14.01.303
    Light Industrial (Other than Listed)----------------PP----
    Resource ExtractionGas Well S----SSSSPPPSSubsection 14.01.304
    Resource Extraction (Other than Listed)S--------------PP--Subsection 14.01.304
    Self-Service StorageBoat and Recreational Vehicle Outdoor Storage----------------PP----
    Self-Service Storage Facility--------------LPP--Subsection 14.01.303
    Warehousing and Storage Outdoor Storage Yard--------------LPP--Subsection 14.01.303
    Warehousing and Storage Uses (Other than Listed) ----------------PP----
    Waste-Related Recycling Collection Facility------------------LLSubsection 14.01.303
    Waste Transfer Facility------------------L--Subsection 14.01.303
    Wholesale Trade Fuel Sales and Storage (Bulk)------------------P----
    Wholesale Trade (Other than Listed) ----------------PP----
    TABLE NOTES:
    1. 1.
      Specific uses and use categories are defined in Section 14.09.200Definitions.
    Table 14.01.301, Permitted Uses by District
    Use
    Category
    Specific
    Use1
    ResidentialMixed-UsePublic and NonresidentialUse-Specific Standards
    REGRSUMRDAC-MUSCCILIHPI
    Residential and Agriculture
    Agriculture and Animal ServicesCommunity Garden PLLLLLLL----PSubsection 14.01.303
    Feed Store--------PPPPPP----
    Greenhouse, Nursery L--------------L----Subsection 14.01.303
    Kennel------------LLP----Subsection 14.01.303
    Veterinary Clinic or Veterinary Hospital----------LLLP----Subsection 14.01.303
    Agriculture and Animal Services (Other than Listed)P----------------------
    Household LivingAccessory Dwelling UnitLLLL--------------Subsection 14.01.303
    Apartment------PPPPP--------
    Dwelling, Single-Family DetachedPPPPL------------

    Subsection 14.01.303

    Dwelling, Single-Family Attached----PPLP----------Subsection 14.01.303
    Duplex ----PPL------------Subsection 14.01.303
    Live-Work Unit--------LL----------Subsection 14.01.303
    Multiplex----PPPP------------
    Manufactured Home ParkSSS--------S------

    Subsection 14.01.304

    14.01.307
    Manufactured Home SubdivisionSSS----------------

    Subsection

    14.01.304

    14.01.307
    Manufactured Home (Stand Alone)S--S----------------

    Subsection 14.01.304

    14.01.307

    Upper-Story Dwelling Unit--------P--------------
    Group LivingAssisted Living Facility or Nursing Home------P--PPP--------
    Boarding House------P----PPP------
    Community Home Persons with DisabilitiesLLLLLL----------Subsection 14.01.303
    Group Home ------SSS----S----Subsection 14.01.304
    Civic and Institutional
    CivicCommunity, Senior, or Youth Center--PPPPPPPP--P--
    Funeral Services--------PP--PPPP--
    Library, Museum, and Gallery--------PPPPPPP--
    Public Assembly FacilityLLLL--PPPP--PSubsection 14.01.303
    Day CareAdult Day Care Center--------PPPPP--P--
    Child Day Care Center or Pre-School------LPPLLL--PSubsection 14.01.303
    Educational FacilitiesCollege and UniversitySSSSPPPPP--PSubsection 14.01.304
    School, Vocational, and Trade --------PPPPP--P--
    Educational Facilities (Other than Listed)PPPPPPPPP--P--
    Governmental Facilities All Governmental FacilitiesPPPPPPPPPPP--
    Medical Facilities Medical or Dental Clinic------LPPPPP--PSubsection 14.01.303
    Medical Facility  (Other than Listed)SSSSPPPPP--PSubsection 14.01.304
    Passenger Terminal Airport--------------------P--
    Passenger Terminal (Other than Listed)----------------PP----
    Parks and Open AreasCemetery, Columbarium, Mausoleum, and Memorial ParkLLLLPPPPPPPSubsection 14.01.303
    Parks and Open Areas (Other than Listed)PPPPPPPPP--P--
    Social Service All Social Service Uses--------SSSS------Subsection 14.01.304
    Utilities Utilities, MinorPPPPPPPPPPP--
    Utilities, MajorSSSSSSSLSPP

    Subsection 14.01.304

    14.01.306

    Commercial
    Entertainment, IndoorAdult Business------------------S--Subsection 14.01.304
    Bar, Tavern, and Lounge--------LLLLL----Subsection 14.01.303
    Game Room and Amusement Redemption Machines--------SSSSS----

    Subsection

    14.01.304

    14.01.309

    Indoor Commercial Amusement (Other than Listed)--------PPPPP------
    Entertainment, Outdoor Country Club (Private) with Golf CoursePS--S----PPPP--Subsection 14.01.304
    Farmers Market --------PPPP----P--
    Outdoor Commercial Amusement (Other than Listed) --------PPPPPPP--
    Office Bank and Credit Union --------PPPPP----Subsection 14.01.303
    Check Cashing or Payday Loan Business--------------P--------
    Office (Other than Listed)------SPPPPP----Subsection 14.01.304
    Overnight Accommodations Bed and Breakfast InnLLLLLLLLL----Subsection 14.01.303
    Campground with Overnight Accommodations------------PPP------
    Recreational Vehicle (RV) Park------------SLL----

    Subsection 14.01.304

    14.01.308

    Hotel or Motel--------PPPPP------
    Repair-Oriented All Repair-Oriented Uses--------PPPPP------
    Restaurant All Restaurants--------PPPPP------
    Sales-Oriented All Sales-Oriented Uses--------PPPPP------
    Tobacco and Smoke Shops----------LLLLLL

    Subsection 14.01.303

    Service-Oriented All Service-Oriented Uses--------PPPPP------
    Vehicle Sales and Service Car Wash ------------PPPP----
    Fuel Sales (Retail)--------LLPPPP--Subsection 14.01.303
    Manufactured, Mobile Homes, Portable Buildings, and Trailer Sales or Rental------------PPPP----
    Vehicle Sales, Rental, and Leasing------------PPP------
    Vehicle Service and Repair----------LPPPP--Subsection 14.01.303
    Industrial
    Heavy Industrial Animal Slaughterhouse or Packaging Plant------------------S--Subsection 14.01.304
    Batch Plant----------------SP--Subsection 14.01.304
    Carbon Black Manufacturing------------------S--Subsection 14.01.304
    Heavy Industrial (Other than Listed)------------------P----
    Light Industrial Micro-Manufacturing--------LLLLPP--Subsection 14.01.303
    Light Industrial (Other than Listed)----------------PP----
    Resource ExtractionGas Well S----SSSSPPPSSubsection 14.01.304
    Resource Extraction (Other than Listed)S--------------PP--Subsection 14.01.304
    Self-Service StorageBoat and Recreational Vehicle Outdoor Storage----------------PP----
    Self-Service Storage Facility--------------LPP--Subsection 14.01.303
    Warehousing and Storage Outdoor Storage Yard--------------LPP--Subsection 14.01.303
    Warehousing and Storage Uses (Other than Listed) ----------------PP----
    Waste-Related Recycling Collection Facility------------------LLSubsection 14.01.303
    Waste Transfer Facility------------------L--Subsection 14.01.303
    Wholesale Trade Fuel Sales and Storage (Bulk)------------------P----
    Wholesale Trade (Other than Listed) ----------------PP----
    TABLE NOTES:
    1. 1.
      Specific uses and use categories are defined in Section 14.09.200Definitions.

    (Ord. # O-002-24, 02/20/2024) 

    Effective on: 3/12/2024

    Subsection 14.01.302 New and Unlisted Uses

  • (a)
    Authorization of Unlisted Uses.  Each of the use categories in Subsection 14.01.301, Use Table, are defined in Section 14.09.200, Definitions.  If a proposed use is not listed as part of a use category definition, the Director of Planning and Development (Director) may interpret the proposed use as functionally similar to a use that is listed. The proposed use is then permitted, permitted with limitations, allowed with a special use permit, or prohibited in the same districts as its functionally similar use.
  • (b)
    If not Authorized then Prohibited.  If the Director determines that a proposed use does not fit within a given use category and is not functionally the same as a permitted, limited, or special use, then the use is a prohibited use.
  • (c)
    Decision Criteria.  In making such determinations, the Director may consider but is not limited to the following criteria:
    1. (1)
      The actual or projected characteristics of the activity in relation to those of the use type;
    2. (2)
      The amount of site area or floor space and equipment devoted to the activity;
    3. (3)
      Vehicle parking demand;
    4. (4)
      Average daily and peak hour trip generation (people, personal vehicles, and delivery vehicles);
    5. (5)
      Types of vehicles used and their parking requirements;
    6. (6)
      Building impervious surface coverage;
    7. (7)
      Regulated air or water emissions;
    8. (8)
      Noise, lighting, dust, and odors;
    9. (9)
      Solid waste generation;
    10. (10)
      The number of employees on a typical shift;
    11. (11)
      Use and storage of hazardous materials;
    12. (12)
      The character of associated buildings and structures;
    13. (13)
      How the use is advertised;
    14. (14)
      Nature and impacts of operation; and,
    15. (15)
      Hours of operation.
  • (d)
    Appeal.  An aggrieved party may appeal the determination of the Director in accordance with Subsection 14.06.503, Appeal of Administrative Decision.
  • Effective on: 8/9/2022

    Subsection 14.01.303 Limited Use Standards

  • (a)
    Purpose.  The purpose of this Section is to promote compatibility among land uses by establishing standards for the limited uses indicated in Subsection 14.01.301, Use Table.
  • (b)
    Application.
    1. (1)
      Generally.  Uses shown as limited may be approved only if they meet the standards of this Article and other applicable standards and requirements of this ULDO.
    2. (2)
      Timing of Compliance.  These standards apply at the time a limited use is requested for an existing or new structure, or when an existing limited use is proposed to be expanded by more than 10 percent of the gross square footage currently devoted to the use.
    3. (3)
      Expansions.  This Section applies to an expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or any combination of thereof.
    4. (4)
      Uses Not Listed.  If there are limited uses specified in Subsection 14.01.301, Use Table, that are not included in this Section, all applicable standards of this ULDO shall apply.
    5. (5)
      Procedures.  For limited uses, the Director of Planning and Development (Director) shall use the criteria set out in this Section to determine whether to authorize a land use requested by an applicant or whether to recommend it for a decision of the Planning and Zoning Commission.
    6. (6)
      Other Applicable Standards.  The standards of this Section are applied in addition to the other applicable standards of this ULDO, specifically including: 
      1. (A)
        ARTICLE 14.02, Building and Site Design;
      2. (B)
        ARTICLE 14.03Subdivision Standards; and,
      3. (C)
        ARTICLE 14.06Development Review Procedures.
  • (c)
    Standards for Residential Uses.
    1. (1)
      Accessory Dwelling Unit.
      1. (A)

        Generally.

        1. (i)

          Either the principal or accessory unit shall be occupied by the property owner.

        2. (ii)

          One additional parking place shall be available on the lot.

        3. (iii)

          All utility connections and services shall be for the address of the principal dwelling only.

      2. (B)

        Attached Units.  The accessory dwelling shall not be larger than 25 percent of the gross floor area of the principal dwelling.

      3. (C)

        Detached Units.  The accessory dwelling shall not be larger than 40 percent of the gross floor area of the principal dwelling.

    2. (2)
      Community Home for Persons with Disabilities.  Community homes for persons with disabilities shall be permitted in all residential and mixed-use districts subject to the proposed home complying with all regulations of Texas Human Resources Code, Chapter 123, Community Homes for Persons with Disabilities.
    3. (3)
      Live-Work Unit.
      1. (A)
        Residential Character.  The use shall maintain a residential character.
      2. (B)
        Uses.  The use shall consist of a single residential dwelling unit combined in the same structure with one of the following nonresidential uses:
        1. (i)
          Office;
        2. (ii)
        3. (iii)
          Service-oriented uses;
        4. (iv)
          Repair-oriented uses; or,
        5. (v)
      3. (C)
        Nonresidential Floor Area.  The area of the nonresidential floor shall not exceed 3,000 square feet. 
      4. (D)
        Drive-Ins or Drive-Throughs.  Drive-ins or drive-throughs are prohibited.
      5. (E)
        Tenant.  The use shall have the same tenant for both the residential and nonresidential portion of the use.
    4. (4)
      Single-Family Detached, Single-Family Attached, and Duplexes in the Downtown Area (DA) Zoning District.  Such uses shall not be permitted on any lot that has street frontage on Main Street between Ninth Street and Third Street.  
  • (d)
    Standards for Nonresidential and Mixed-Uses.
    1. (1)
      Bar, Tavern, and Lounge.
      1. (A)

        Texas Alcoholic Beverage Code.  All bars, taverns, and lounges shall be in compliance with the Texas Alcoholic Beverage Code.

      2. (B)
        Minimum Distance.
        1. (i)
          Bars, taverns, and lounges shall not be located within 300 feet of a place of public assembly, public hospital, public or private school, or a child day care center or preschool.
        2. (ii)
          If at any time an establishment receives an alcoholic beverage permit or license from the Texas Alcoholic Beverage Commission and the establishment satisfies the separation requirement above, then the establishment is deemed to satisfy the distance requirements for all subject renewals of the license or permit.
    2. (2)
      Bed and Breakfast Inn.
      1. (A)
        Lot.  The lot is conforming relative to the standards of this ULDO.
      2. (B)
        Use and Occupancy.  The use shall comply with the following:
        1. (i)
          The principal use of the bed and breakfast is a single-family dwelling;
        2. (ii)
          Meals are for overnight guests only (use of the home for external catering service is prohibited);
        3. (iii)
          The home is inspected and has a written record indicating that it meets all applicable building and fire codes prior to occupancy; and,
        4. (iv)
          The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
      3. (C)
        Floor Area.  The minimum gross habitable floor area shall not be less than 400 square feet per rooming unit. 
      4. (D)
        Employees.  There shall be a maximum of one non-resident employee. 
      5. (E)
        Signage.  Signage shall be limited to a single, non-illuminated placard or nameplate that is affixed flat against the exterior wall of the home with a maximum area of two square feet.
      6. (F)
        Proof of State and Local Taxes.  The owner shall provide proof of collection and payment of state and local hotel/motel occupancy tax to the City upon request 
    3. (3)
      Cemetery, Columbarium, Mausoleum, or Memorial Park.  A Type B bufferyard shall be required when adjacent to a residentially zoned or used property.
    4. (4)
      Child Day Care Center or Pre-School.  The gross floor area shall not exceed 15,000 square feet.
    5. (5)
      Community Gardens.
      1. (A)
        Retail Sales.  Sale of items grown or any other items shall not take place on-site.
      2. (B)

        Lighting.  Any lighting shall be shielded so that all directly emitted light stays on the property.

      3. (C)

        Nuisances.  All gardens shall be maintained to be substantially free of odors, pests, rodents, trash, and/or anything else that might cause a nuisance.

      4. (D)
        Buildings.  A shed structure may be utilized on-site for storage of materials and tools used for garden cultivation, provided it shall not exceed 600 square feet.  
    6. (6)
      Fuel Sales (Retail).
      1. (A)
        Bufferyard.  A Type B bufferyard shall be provided adjacent to any abutting residential district or use.
      2. (B)

        Canopies.  Fuel pump canopies shall be connected to or integrated into the architectural design of the building in terms of color, cladding, roofing, and roof pitch.

      3. (C)
        Ingress and Egress.  The use shall take access only from a major or secondary street as authorized by the Director of Public Works.
      4. (D)
        Car Wash.  If the use includes a car wash as an accessory use, then the standards of Subsection 14.01.305, Accessory Uses shall apply.
    7. (7)
      Funeral Services.  Cremation of human remains is allowed as an accessory use to a funeral home provided that the cremation facility is a minimum of 300 feet from any residential use, as measured from the property line of the funeral home to the residential use. 
    8. (8)
      Greenhouse, Nursery
      1. (A)
        Accessory Structures.  If housed in an accessory structure, the square footage of the accessory structure  shall not be greater than one-half of the square footage of the primary structure.
      2. (B)
        Personal Use.  The greenhouse or nursery shall be used for personal use only with no commercial activity occurring on-site.
    9. (9)
      Kennel.  Any outdoor runs shall not be used past 9 pm.
    10. (10)
      Medical or Dental Clinic.  The gross floor area shall not exceed 3,000 square feet.
    11. (11)
      Micro-Manufacturing
      1. (A)
        Enclosed Structure.  All activities shall occur entirely within an enclosed structure.
      2. (B)
        Outdoor Storage.   No outdoor storage is permitted.
      3. (C)
        Retail Sales.  Retail sales associated with micro-manufacturing is allowed; however, distribution, warehousing, and/or wholesaling activities are prohibited.
      4. (D)
        Floor Area.  The gross floor area shall not exceed 5,000 square feet. 
    12. (12)
      Outdoor Storage Yard
      1. (A)
        Buffering.  The storage yard shall be enclosed by a Type A bufferyard that includes a fence to provide security.  If the bufferyard requirements set out in Subsection 14.02.403, Bufferyard Landscaping, require a more restrictive bufferyard, the more restrictive requirement shall apply. 
      2. (B)
        Storage Limitations.  Storage yards shall not be used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted.
      3. (C)
        Liquid, Gels, and Pastes.  Liquids, gels, and pastes (for example, paints, sealers, etc.) shall be stored only in enclosed buildings. 
    13. (13)
      Public Assembly Facility.
      1. (A)
        New Uses.
        1. (i)
          The use shall have a minimum site area that is three times the minimum lot size of the respective district.
        2. (ii)
          The parcel proposed for development shall be located along an arterial or collector street.
        3. (iii)
          Parking shall be provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. (B)
        Expansion of Existing Uses.
        1. (i)
          The use shall take access from an arterial or collector street.
        2. (ii)
          The abutting lot onto which the expansion is proposed shall be under the same ownership as the existing public assembly facility.
      3. (C)
        DA District Uses.
        1. (i)
          The facility shall provide adequate on-lot, on-street, or private off-street parking (via ownership or private agreements) within 300 feet of the place of public assembly.
        2. (ii)
          The facility shall not place material demands upon the on-street or public parking during peak demand hours for retail, restaurant, and other commercial uses.
    14. (14)
      Recreational Vehicle (RV) Park.  Recreational vehicle (RV) parks shall meet all standards of Subsection 14.01.308, Recreational Vehicle (RV) Parks.
    15. (15)
      Recycling Collection Facility.
      1. (A)
        Outdoor Storage.  There shall be no outdoor storage or collection bins except when located in the IH Zoning District. 
      2. (B)
        Bufferyard.  Per Subsection 14.02.403, Bufferyard Landscaping, a Type B bufferyard shall be provided adjacent to any abutting residential district or residential use. 
    16. (16)
      Self-Service Storage Facility.  All storage units shall be accessible from and contained wholly within the building.
    17. (17)
    18.  
      1. (A)
        Distance Requirement from Same Use. Similar uses shall have a distance required of a minimum of 2,000 feet from property line to property line.
      2. (B)
        Minimum Distance from Other Uses. The use shall be located a minimum of 1,000 feet from the following uses, measured from property line to property line.
        1. (i)
          Schools, public or private;
        2. (ii)
          City parks;
        3. (iii)
          Child day care centers;
        4. (iv)
          Hospitals; and
        5. (v)
          Places of worship. 
    19. (19)
      Vehicle Service and Repair.
      1. (A)
        Servicing.  All servicing shall be conducted wholly within a completely enclosed structure.
      2. (B)
        Outdoor Storage.  No outdoor storage of any material (usable or waste) is permitted except within enclosed containers.
      3. (C)
        Arterial Street.  The use shall be located on a lot adjacent to an arterial street, as identified in the Comprehensive Plan.
      4. (D)
        Vehicle Storage.  No vehicle may be stored for more than 10 days while awaiting repairs and shall only be stored on-site. Storage of such vehicles on public or private streets is prohibited.  
    20. (20)
      Veterinary Clinic or Veterinary Hospital.
      1. (A)

        Enclosed Facilities.  All veterinary clinics' or hospitals' treatment rooms, cages, pens, and kennels shall be well maintained and within a fully enclosed building and operated in such a way as to produce no objectionable noise or odors outside its walls. 

      2. (B)

        Boarding.  If the veterinary clinic or hospital has kennels, they shall be accessory to the clinic or hospital and limited to short-term boarding.

      3. (C)

        Noise and Odor.  The building shall be soundproof with sound transmission loss that is equivalent to an eight-inch block wall filled with insulating material and operated in such a way as to produce no objectionable noise or odors outside its walls.

      4. (D)
        Cremation.  Cremation of animal remains is allowed as an accessory use to a veterinary clinic or hospital provided that the cremation facility is a minimum of 300 feet from any residential use, as measured from the property line of the veterinary clinic or hospital to the residential use.
      5. (E)
        City Code.  Meet all of the requirements of ARTICLE 2.09, Commercial Animal Enterprises, of the City's Code of Ordinances.
    21. (21)
      Utilities, Major.
      1. (A)
        Generally. The use is setback a minimum of 25 feet from the right-of-way of all streets bounding the property on which the use is located.
      2. (B)
        Telecommunications Facilities. Stand-alone telecommunication facilities shall comply with the standards in Subsection 14.01.306, Telecommunication Facilities.
  • (e)
    Standards for Uses in the PI, Public/Institutional District.  Limited uses, established in Table 14.01.301, Use Table, in the PI, Public/Institutional District shall only be permitted on City-owned park sites or within City-owned park facility buildings and structures when: 
    1. (1)
      Permission.  The applicant, business owner, resident, or resident group has approval from the City to utilize a City-owned park site for the specified use(s);  
    2. (2)
      Standards.  The proposed use conforms to the requirements established in Subsection 14.01.303(C), Standards for Residential Uses, or Subsection 14.01.303(D), Standards for Nonresidential and Mixed-Use; and,
    3. (3)
      Lease Agreement.  The applicant has obtained the necessary lease agreement required to operate a private establishment. 
  • (Ord. # O-002-24, 02/20/2024) 

    Effective on: 3/12/2024

    Subsection 14.01.304 Special Use Standards

  • (a)
    Purpose.  This Section sets out the criteria to be used in deciding the appropriateness of a special use and the application of standards or conditions for such uses.  The standards of this Subsection apply to all special uses set out in Subsection 14.01.301, Use Table.  
  • (b)
    Special Use Permit Required.  A special use permit, approved in accordance with Subsection 14.06.403, is required for:
    1. (1)
      Use Table.  All residential and nonresidential land uses identified as a special use in Subsection 14.01.301, Use Table; and,
    2. (2)
      Conversion of Nonconformities.  A land use that is being proposed to be transferred from a legally nonconforming use to be legally conforming per Section 14.07.200, Conversion of Nonconformities
  • (c)
    Criteria. In a review of special use permit applications pursuant to the uses established by zoning district, the Director of Planning and Development (Director), the Planning and Zoning Commission, and the City Council shall utilize the following criteria:
    1. (1)
      Surrounding Properties.  The proposed use will operate or be designed in a manner that does not diminish the use or functionality of surrounding properties;
    2. (2)
      Required Improvements.  Provisions for hours of operation, parking and loading areas, driveways, lighting, signs, landscaping, buffering, and other site improvements have been provided;
    3. (3)
      Public Services.  Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police and fire protection) shall be available without the reduction of services to any existing uses;
    4. (4)
      Design Features.  The proposed use will incorporate design features to sufficiently protect adjacent uses including but not limited to service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and building placement; and,
    5. (5)
      Compatibility.  The proposed use is compatible with adjacent existing uses.  Compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse environmental impacts, including noise and lighting, or other undesirable conditions.
  • (d)
    Conditional Approval.  The City Council may require additional conditions beyond the standards listed in Paragraph (c), above, to reasonably mitigate any adverse impacts upon surrounding properties in the zoning district of the property for which the special use is requested.
  • (e)
    Additional Standards for Specific Residential Uses.
    1. (1)
      Manufactured Home. All manufactured homes shall comply with all provisions of Subsection 14.01.307, Mobile Homes and Manufactured Homes.
  • (f)
    Additional Standards for Specific Nonresidential Uses.
    1. (1)
      Adult Business
      1. (A)
        Location.
        1. (i)
          New Uses.  A structure housing an adult business shall be located at least fifteen hundred (1,500) feet from any residential zoning district (RE, GR, SU, or MR) boundary line or from any structure used as a residence; from a church; public or private schools; hospitals; licensed child care facilities; hotel or motel; parks or playgrounds (public); playfields or stadiums (public); institutions of religious, charitable, or philanthropic nature; and, from any other structure housing an adult business.
        2. (ii)
          Existing Uses.  Any premises that is already used as a topless establishment on January 6, 2004, and which does not comply with these location requirements, may continue in operation as a nonconforming use until any of the following events occurs:
          1. a.
            Cessation of doing business as a topless establishment for a continuous period of 180 days or more; or,
          2. b.
            A change in:
            1. A.
              The ownership of the real estate upon which the topless establishment is located; or,
            2. B.
              The tenant that operates a topless establishment on the premises, either or both of which occurs after February 28, 2007; or,
          3. c.
            Destruction of the topless establishment by fire, the elements, or other causes that exceeds 50 percent of the structure’s value as shown on the current tax rolls.
        1. (i)
          Measuring Required Distances.
          1. a.
            Distance requirements are to be measured in a straight line in all directions from the structure housing the adult business to any residentially zoned district boundary line; to any structure used for a residence, church, school, or hospital; any lot used for a park; and, from structure to structure of those facilities housing adult business.
          2. b.
            The measurements to a structure shall be taken from the farthest point that a structure extends in the direction of the measurement, including overhanging roofs and all other projections or portions of the structure.
          3. c.
            Should an adult business be located in conjunction with other buildings in a manner where the adult business is clearly separated from other portions of the structure (for example, an adult business in a shopping center), measurements shall be taken from the boundaries of the space occupied by the adult business.
          4. d.
            Should an adult business be located in a manner where the adult business is situated above the ground level of a multistory structure and is clearly separated from other activities within the structure, the adult business measurements shall be taken from the boundaries of the space occupied by the adult business, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line in all directions to any residential zoned district boundary line; to any structure used for a residence, church, school, or hospital; any lot used for a park; and, from structure to structure of those facilities housing an adult business.
      2. (B)
        Viewing Booths.
        1. (i)
          Viewing booths in an adult business shall be configured in such a manner that there is an unobstructed view of the interior area of the viewing booth from outside the entrance to the viewing booth at all times.
        2. (ii)
          Wall or partitions of viewing booths between two feet and six feet above floor level shall have no holes or voids in such walls or partitions.
        3. (iii)
          A viewing booth shall at all times be illuminated with not less than that amount of light provided by a twenty-watt bulb.
        4. (iv)
          It shall be the duty of the person accepting payment from customers of an adult business to ensure that the viewing booth requirements in this section are in compliance at all times.
    2. (2)
      Batch Plant.
      1. (A)

        Location.  The use shall be located a minimum of 600 feet from any civic and institutional use or a residentially used or zoned property.

      2. (B)

        Hours of Operation.  Hours of operation shall be not earlier than 8:00 a.m. to no later than 8:00 p.m. if the use is within 1,000 feet of residentially used or zoned property; or not earlier than 6:00 a.m. to no later than 10:00 p.m. in all other locations.

      3. (C)

        Use.  The facility shall only be used for a development project within the City and shall be located no more than one mile from the project site.

      4. (D)

        Duration.  The duration of the use shall coincide with the use of the facility for a specified construction project, not to exceed 180 days.  The use shall be removed immediately upon project completion.  

    3. (3)
      Game Room and Amusement Redemption Machines.  Game rooms and amusement redemption machines shall meet the standards of this Subsection and Subsection 14.01.309Game Room and Amusement Redemption Machines.
    4. (4)
      Recreational Vehicle (RV) Park.  Recreational vehicle (RV) parks shall meet all standards of Subsection 14.01.308, Recreational Vehicle (RV) Parks
    5. (5)
      Resource Extraction.  To establish and operate a mine or any other facility that extracts natural resources from the ground: 
      1. (A)
        Site Plan.  A survey and legal description of the property is required to be submitted showing the following:
      2. (B)
        A north arrow;
      3. (C)
        Scale;
      4. (D)
        Date; 
      5. (E)
        Name of property owner(s) for subject property and all adjacent property;
      6. (F)
        Existing and proposed features of the subject property and property within 200 feet of the subject property such as: property lines, streets, alleys, easements, buildings or other structures, driveways, screening, and landscaping.
      7. (G)
        Statement of Depth.  The application shall designate the depth to which excavation or fill will be made and the angle of all side slopes.
      8. (H)
        Dust.  The application shall include a statement describing provisions for controlling dust.
      9. (I)
        Traffic.  The application shall include a statement of precautions to be taken to guide traffic movements safely in, around, and by the resource or extraction operation.
      10. (J)
        Oil and Gas Drilling.  If the resource extraction is for oil and/or gas the requirements of ARTICLE 4.05, Oil, Gas, Disposal, or Injection Wells of the City's Code of Ordinances shall be met.
    6. (6)
      Utilities, Major.
      1. (A)
        Generally. The use is setback a minimum of 25 feet from the right-of-way of all streets bounding the property on which the use is located.
      2. (B)
        Telecommunications Facilities. Stand-alone telecommunication facilities shall comply with the standards in Subsection 14.01.306, Telecommunication Facilities
  • Effective on: 8/9/2022

    Subsection 14.01.305 Accessory Use and Structure Standards

  • (a)
    Purpose.  The purpose of this Section is to establish minimum standards for accessory uses and structures that: 
    1.   
      1. (1)
        Advance the general welfare of the community;
      2. (2)
        Enhance and protect the aesthetic interests of the community;
      3. (3)
        Protect property values and lessen the impact that some accessory structures may have on residential properties; and,
      4. (4)
        Promote economic development by making the community a more desirable place to live, conduct business, and recreate. 
    1. (b)
      Generally.  An accessory use or structure may be established provided that it is associated with a primary use in the use category definitions in Section 14.09.200, Definitions, and that it complies with the standards of this Subsection.
    2. (c)
      Standards that Apply to all Accessory Uses and Structures.  The following standards shall apply to accessory uses and structures except as this Subsection or ULDO indicate otherwise. 
    1.   
      1. (1)
        Use.  An accessory use or structure may be established provided that it is associated with a primary use in the use category definitions in Section 14.09.200, Definitions, and that it complies with the standards of this Subsection.  No accessory structure may be used unless the primary structure also is being used.
    1.   
      1. (2)
        Subordination.  The accessory use or structure shall be subordinate to and serve a primary use or primary structure.  Except as provided in this Section, a non-agricultural accessory structure shall be subordinate in height to the primary structure.
      2. (3)
        Commercial Use.  Accessory structures located on residentially zoned or used property shall not be used for commercial purposes other than home occupations that comply with this Subsection.
      3. (4)
        Timing of Construction.  No detached accessory structure shall be constructed until the construction of the rafters, or general equivalent, of the primary structure has commenced.
      4. (5)
        Same Property.  An accessory use or structure shall be located on the same parcel or lot as the primary use or structure.
    1.   
      1. (6)
        Separation.  No detached accessory structure shall be located closer than 10 feet to any other structure.
      2. (7)
        Setbacks.  All accessory structures shall comply with the street, interior side, and exterior side setback standards for the primary structure established in Section 14.01.200, Base Districts and Standards.  Attached accessory structures must also comply with rear setback standards.  For detached accessory structures no rear setback shall be required, except that if no alley exists the rear setback shall not be less than 10 feet as measured from the rear lot line.  Roof extensions, steps, ramps or any part of a detached accessory structure shall not extend over the rear lot line, alley line or easement line a distance greater than one foot.  In areas where alleys or easements are less than 20 feet in width, detached accessory structures shall have a rear setback of not less than three feet from any rear lot line, alley line or easement line.
      3. (8)
        Easements.  Accessory structures permanently affixed to the ground shall not encroach into an easement.
      4. (9)
        Height.  The maximum wall height for a residential accessory structure is 12 feet.  
      5. (10)
        Compatibility.  Accessory buildings (in excess of 120 square feet) shall be designed to be compatible with the primary building in terms of color and building materials.
    1. (d)
      Prohibited Accessory Structures and Uses.
    1.   
      1. (1)
        Shipping Containers.  Shipping containers and non-steel storage containers are prohibited from use as a permanent dwelling unit or occupied overnight.
      2. (2)
        Living Quarters.  Portable storage buildings may not be used as a dwelling unit or occupied overnight.
    1. (e)
      Residential Fences and Walls.
      1. (1)
        Applicability.  The provisions of this Subsection apply to residentially zoned or used properties, excluding apartments
      2. (2)
        Setbacks.  Fences and walls are permitted in any required setbacks.  
      3. (3)
        Height and Openness.  The maximum height of a fence or wall within a required street setback or exterior side setback shall be 42 inches. The maximum height for any other residential fence or wall shall be eight feet. On corner lots, fences and walls with greater than 50 percent opacity shall not encroach the street setback or exterior side setback. ​​​​​Fences or walls built parallel to and outside of the exterior side setback may have a maximum height of eight feet and have no opacity requirement.
      4. (4)
        Transitioning.  For fences that cross a street or exterior side setback line, a five-foot transition area shall be provided between the eight-foot and three-and-a-half-foot sections of the fence. The five-foot transition area shall be centered on the minimum required setback line. For existing subdivisions that do not have platted building setback lines, a 20-foot setback shall apply for the purposes of this Subsection.
      5. (5)
        Prohibited Fence Types.  The following fencing materials shall be prohibited:
        1. (A)
          Barbed, razor, or electric wire, unless exempted as regulated in Paragraph 7, below;
        2. (B)
          Corrugated metal (in residential zoning districts only);
        3. (C)
          Used lumber;
        4. (D)
          Fiberglass, unless one good coat of primer and two coats of neutral paint are applied; and,
        5. (E)
          Used or salvage materials unless specifically noted on plans and approved by the Building Official.
      6. (6)
        Subdivision Perimeter Fences or Walls.  Fences or walls along the perimeter of a new subdivision adjacent to a public right-of-way shall:
        1. (A)
          Be installed by the subdivider;
        2. (B)
          Be eight feet in height;
        3. (C)
          Not encroach into the public right-of-way; 
        4. (D)
          Include stone or brick columns spaced a minimum of 30 feet apart;
        5. (E)
          Be maintained by the homeowners' association; and,
        6. (F)
          Be of a consistent design for the entirety of subdivision with a type A bufferyard provided along the fence where adjacent to an arterial street
      7. (7)
        Fencing Exceptions
        1. (A)

          Barbed wire shall not be used on fencing except under the following circumstances:

          1. (i)
            Fencing for property used for agriculture or grazing purposes;
          2. (ii)
            Security fencing for nonresidential uses in C, IL, and IH districts where the barbed wire is six feet or more above the ground level; and,
          3. (iii)
            Security fencing for a site operated by a local, state, or federal government agency or a franchised utility company where the barbed wire is six feet or more above the ground level.
        2. (B)
          Electrical fences shall be installed in accordance with the National Electrical Code as adopted by the City and may be used only for the purposes designed for and shall be Underwriters' Laboratory approved.  Electrical fencing may be used on a property used for agriculture or grazing purposes only and shall not be used for fencing adjacent to or in any residential district.
    1. (f)
      Home Occupations.  Permitted home occupations, unless permitted as a Live-Work Unit in Subsection 14.01.301, Use Table, shall: 
      1. (1)
        Be within the principal residence or a permitted accessory building; 
      2. (2)
        Not occupy more than 25 percent of the gross floor area of the principal residence;
      3. (3)
        Not have any exterior indication that the home occupation is taking place;
      4. (4)
        Have no outside employees who do not live on-site;
      5. (5)
        Not generate traffic other than that normally associated with a residential use; and,
      6. (6)
        Not require equipment or processes that would create a nuisance to neighboring properties.
    2. (g)
      Trucks and Business Vehicles in Residential Zoning Districts.
      1. (1)
        Generally.  Except as provided below, no vehicles, trucks, semi-trailer tractors, boats, or vans that are heavier than 15,000 pounds gross vehicle weight or longer than 24 feet, shall be parked outside on lots in a residential zoning district.
      2. (2)
        Exceptions.  Such vehicles may be parked on residentially zoned lots if:
        1. (A)
          The vehicle is parked completely to the rear of the principal structure and not visible from the street;
        2. (B)
          The vehicle is parked within a fully enclosed accessory structure; or,  
        3. (C)
          The vehicle is a recreational vehicle R.V. in compliance with Subsection 14.01.305(h), below. 
    3. (h)
      Recreational Vehicles in Residential Zoning Districts.
      1. (1)
        Parking.  A maximum of two recreational vehicles (R.V.) may be parked on residentially zoned lots if:
        1. (A)
          The RV is not encroaching into any required setback; or,
        2. (B)
          The RV is parked within a fully enclosed accessory structure.
      2. (2)
        Occupancy.  Occupancy of a parked R.V. shall be in compliance with Subsection 14.01.308(d), Occupancy.
    4. (i)
      Outdoor Display for Nonresidential Uses and Districts.
      1. (1)

        Generally.  Permanent or seasonal outdoor display of merchandise is permitted in the DA, C-MU, C, and SC zoning districts subject to the requirements of this Section.

      2. (2)

        Accessory Use.  The outdoor display area involves items for sale by a business that is located within a permanent structure or a designated area on the same site.

      3. (3)

        Attached to Principal Building.  An outdoor display area that is attached to a principal building (see Figure 14.01.305-1, Attached Outdoor Display Area) is permitted if the outdoor display area is:

        1. (A)
          Adjacent to a wall of a principal structure;
        2. (B)
          Configured as a walled and/or decoratively fenced area that is architecturally integrated into the principal building;
        3. (C)
          If covered, the display area shall be covered with a roof structure that is architecturally integrated into the primary building, except that nursery areas may be covered by greenhouse roofing, screening, or another cover material that is appropriate for protecting plant stock;
        4. (D)
          Within the buildable area of the site formed by the required setbacks;
        5. (E)
          Not larger than 15 percent of the gross floor area of the principal building; and,
        6. (F)
          Not located in areas that are required or used for parking, loading, or vehicular circulation.
     Figure 14.01.305, Attached Outdoor Display Area

    FIGURE NOTES:
    A = Area not larger than 15% of the gross floor area of principal building | B = Principal Building | C = Architecturally Integrated Roof Structure | D = Roof Structure Appropriate for Plant Stock

    1. (j)
      Outdoor Storage for Nonresidential Uses and Districts.
      1. (2)

        Generally.  Outdoor storage is permitted in the C, IL, and IH zoning districts subject to the standards of this Subsection.  At the time any building, use, or structure is instituted, erected, enlarged, or converted from one land use to another land use which utilizes outdoor space for the storage or display of motor vehicles, equipment, or materials, on-site outdoor storage facilities shall be provided in accordance with these regulations.  Such areas shall be provided in order that such vehicles, equipment, or materials may be displayed or stored without encroaching on or interfering with the public use of streets, alleys, and sidewalks.

      2. (3)

        Surfacing and Drainage.

        1. (C)
          All outdoor storage facilities, except for those in the ILIH zoning districts, including access aisles, driveways, and maneuvering areas, shall be composed of an all-weather surface and shall meet the drainage requirements of this ULDO and of the Public Works Director.
        2. (D)
          In the IL and IH zoning districts, access aisles and maneuvering areas of enclosed outdoor storage areas may be composed of gravel. 
      3. (4)
        Placement.  An outdoor storage facility shall be located to the rear or side of the primary structure and away from the public right-of-way and any adjacent residentially zoned or used property.
      4. (5)

        Public Views.  Outside storage shall be maintained to prevent public view of interior storage.

      5. (6)

        Maneuvering of Inventory.  The site shall be of adequate size, shape, and design to ensure:

        1. (A)
          All maneuvering of inventory will be contained on-site; 
        2. (B)
          No inventory will be backed onto the site from the public right-of-way;
        3. (C)
          All on-site maneuvering shall occur without encroaching onto adjacent properties or rights-of-way; and,
        4. (D)
          Inventory will be maneuvered without conflicting with vehicular use areas.
      6. (7)

        Buffering and Screening.  Outdoor storage areas shall be screened from the public right-of-way and from adjacent properties with a Type B bufferyard as established in Section 14.02.400, Trees, Landscaping, and Buffering, together with a fence or wall that is a minimum of six feet and a maximum of eight feet in height.

      7. (8)

        Exemptions.  The following types of outdoor storage are exempt from the screening requirements of this Subsection:

        1. (A)

          Retail planting stock and landscape stone or similar landscape materials, associated with a nursery or greenhouse;

        2. (B)
          Commercial vehicles related to a permitted business on-site; and,
        3. (C)
          Finished recreational vehicles, automobiles, portable buildings, boats, trailers, manufactured homes, and other similar vehicles or equipment sold by a permitted use on-site.
    2. (k)
      Multifamily and Nonresidential Dumpsters and Loading Docks.  The following dumpster requirements shall apply to multifamily, nonresidential, and mixed-use zoned or used properties:
      1. (1)
        Dumpsters
        1. (A)

          Location.  Commercial refuse storage containers shall be located in the side or rear yard out of view from public right-of-way. Where site constraints and access make rear yard locations infeasible, containers may be placed in unobtrusive locations in side yards with screening as required in Subsection 2. below.

        2. (B)

          Public View. Openings into enclosures shall be positioned so that view of the containers from residentially zoned or used properties and from the street right-of-way is eliminated.

        3. (C)

          Access and Maneuvering.  Containers shall be located in such a manner that they can be serviced by a refuse hauling vehicle without such vehicle encroaching on or interfering with the public use of streets or sidewalks, and without such vehicle backing out of the property onto the public right-of-way.

        4. (D)
          Foundation Surface.  Containers shall be placed on a paved surface of either concrete or asphalt.
        5. (E)
          Screening.  Containers visible from the street right-of-way view shall be screened with a structural screen enclosure that shall extend at least one foot above the container top.
      2. (2)
        Loading Docks.  Loading docks shall not be permitted to be visible from the street or from a residentially zoned property unless otherwise determined by the Director.
    3. (l)
      Outdoor Activities Requiring a Limited Use Permit.  A Limited Use Permit shall be required if an otherwise permitted use contains any of the following activities and the space for such activities is within 50 feet of the adjoining property line of a single- or two-family use:
      1. (1)
      2. (2)
        Outdoor kennel or dog run.

    (Ord. # O-002-24, 02/20/2024) 

    Effective on: 3/12/2024

    Subsection 14.01.306 Telecommunication Facilities

  • (a)
    Generally.  Stand-alone telecommunication facilities are part of the Major Utilities Use Type.  Collocated antennas are part of the Minor Utilities Use Type.  
  • (b)
    Application.  This Subsection shall apply to the renovation, modification, or installation of any telecommunication tower, except for the following facilities, which shall be exempt from the requirements of this Subsection:
    1. (1)
      Structures intended only for and capable only of use as amateur radio facilities;
    2. (2)
      Ground-based telecommunications towers that do not exceed a height of 40 feet from the base of the tower that are not lattice-style towers or towers secured by guy wires;
    3. (3)
      Telecommunications facilities and tower structures that are attached to, placed upon, or constructed on top of a building, provided the height of the tower structure does not exceed 20 feet above the height of the building upon which the tower is constructed and the tower structure is not a lattice style tower or tower secured by guy wires;
    4. (4)
      Towers or other facilities placed on land or right-of-way owned by the Federal government, the State of Texas or the City of Borger; and,
    5. (5)
      Telecommunications equipment that is mounted on a pre-existing operational telecommunications facility, light mast, or operational engineered structure other than a telecommunications facility, such as a sign.
  • (c)
    Setback from Residential Structures.  All telecommunications towers shall be set back from any residential zoning district or structure a minimum distance of 10 feet plus one foot for each foot of height of the tower.
  • (d)
    Co-Location Encouraged.  The Director of Planning and Development shall maintain a list of available telecommunications sites that are owned by the City and other owners of existing structures, such as towers, buildings, windmills, poles, etc. who wish to make their structures available for placement of other telecommunications facilities.  Lease or use rates may be provided on this list.
  • (e)
    Site Plan Requirements.  In addition to the requirements of Subsection 14.06.302, Site Development Plan, a site plan for a telecommunications tower shall be accompanied by a drawing and any supporting documents that identify the type and height of the proposed facility.
  • Effective on: 8/9/2022

    Subsection 14.01.307 Mobile Homes and Manufactured Homes

  • (a)
    Generally
    1. (1)
      HUD Compliant.  All manufactured homes shall be compliant with the U.S. Housing and Urban Development (HUD) Code and built on a permanent foundation.
    2. (2)
      Certification.  A certification of compliance with all ordinances and regulations regarding manufactured home licensing, zoning, health, plumbing, electrical, building, fire protection, and any other applicable requirements shall be required.
    3. (3)
      Compliance Required.  Each individual manufactured home shall meet all use standards of this Subsection.
  • (b)
    Mobile Homes.
    1. (1)
      New Mobile Homes Prohibited.  No mobile home, as defined in Section 14.09.200, Definitions, shall be permanently or temporarily placed or relocated within the City limits.
    2. (2)
      Existing Stand-Alone Mobile Homes.
      1. (A)
        Removal or Demolition.  An existing stand-alone mobile home located outside a manufactured home park, as of June 3, 2003, may remain on-site until the condition of the mobile home violates this ULDO or other parts of the City Code or is removed from the City.  When/or if the condition of the mobile home violates the City Code, the Building Official shall require the owner to demolish it, relocate it out of the City, or replace the mobile home in accordance with Subsection 14.01.307(B), below.
      2. (B)
        Replacement of Mobile Home.
        1. (i)
          A mobile home located within the City limits and outside a manufactured home park on June 3, 2003, may be replaced one time and one time only with a manufactured home.  The replacement manufactured home shall be installed within 90 days of the removal of the mobile home, upon the same site location as the replaced mobile home, and comply with all provisions of the City Code effective on the date of installation.
        2. (ii)
          In the case of fire or natural disaster resulting in irreparable damage to a mobile home, a replacement manufactured home may be installed within 180 days following the fire or natural disaster, upon the same site location as the damaged mobile home and shall comply with all provisions of the City Code effective on the date of installation.
        3. (iii)
          Upon the removal or destruction of the replacement manufactured home described in paragraphs (i) or (ii), above, the subject property shall no longer be considered eligible as a location for a manufactured home.
  • (c)
    Manufactured Homes.  All manufactured homes shall meet the following standards:
    1. (1)
      Location.
      1. (A)
        A manufactured home compliant with the applicable standards of this ULDO may be located in a manufactured home park or subdivision.
      2. (B)
        A stand-alone manufactured home compliant with the applicable standards of this ULDO may be located in zoning districts as allowed by Table 14.01.301, Permitted Uses by District, upon approval of a Special Use Permit.
      3. (C)
        No manufactured home may be moved into or be relocated to or within the City that does not comply with the applicable standards of this ULDO.
    2. (2)
      Floor Area and Width.  The home shall have at least 900 square feet of floor area and a minimum exterior width of 18 feet. 
    3. (3)
      Roof Pitch.  The roof shall be pitched with a minimum vertical rise of two and one-half inches for every 12 inches of horizontal run. 
    4. (4)
      Immobile.  The wheels, axles, transporting lights, and towing apparatus shall be removed.
    5. (5)
      Installation.
      1. (A)
        The manufactured home stand shall be improved to provide adequate drainage for the entire area under the manufactured home, securing the superstructure for the placement and tie-down of the manufactured home.
      2. (B)
        The manufactured home stand shall not lean, shift or settle unevenly under the weight of the manufactured home due to inadequate drainage, vibration, or other forces acting on the superstructure.
      3. (C)
        Manufactured homes shall be secured according to the building code, to prevent uplift, sliding, rotation, and overturning. 
  • (d)
    Manufactured Home Parks or Manufactured Home Subdivisions.
    1. (1)
      Maximum Density.  Manufactured home parks and subdivisions shall have a maximum density of 10 manufactured home stands per gross acre.
    2. (2)
      Location.  A manufactured home park or subdivision shall be located 750 feet or more from an existing single- or two-family residence, place of worship, or public or private elementary, middle, or high school.
    3. (3)
      Street Construction and Design Standards.
      1. (A)
        General.
        1. (i)
          The street layout of a manufactured home park or subdivision should provide adequate circulation within the park and shall be considered in relation to existing and planned streets, topographical conditions, and public safety and convenience.
        2. (ii)
          The street layout shall be devised for the most advantageous development of the entire neighborhood and shall conform to connecting and adjacent streets.
        3. (iii)
          The street system layout shall be so designed as practicable as possible to preserve natural features such as trees, brooks, hilltops, scenic views, and other such features.
        4. (iv)
          The street system layout shall provide for the acceptable disposal of storm water and adequate provisions shall be made by the subdivider to handle storm water to comply with Subsection 14.03.211, Storm Drainage.
      2. (B)
        Street Network and Cross Section.  All streets shall be designed and constructed to the local street standards in Table 14.03.203-1, New Street Standards.  Alleys and cul-de-sacs, where provided, shall be designed and constructed as required in Subsection 14.03.202Street Network and Design.
      3. (C)
        Intersections.
        1. (i)
          All streets and alleys shall be designed and constructed to the standards in Subsection 14.03.203, Street Cross-Sections, Bridges, and Railroads.
        2. (ii)
          Streets shall be extended to tie into the existing external street network. 
    4. (4)
      Area Lighting.  Manufactured home parks shall provide adequate lighting for safety and shall be in compliance with Section 14.02.600, Outdoor Lighting
    5. (5)
      Utilities.
      1. (A)
        Required.  At a minimum all manufactured homes shall be served with wastewater, water, and electrical power.  Natural gas is optional.
      2. (B)
        Distribution and Connection.  The means of distribution of those utilities within the park, the utility connections at each space, and the provision of utilities to and within buildings and other structures shall comply with all applicable standards, regulations, and construction codes.
      3. (C)
        Individual Units and Common Facilities.  All individual manufactured home units and common facilities shall be supplied with an adequate supply of hot and cold water for both drinking and domestic purposes and standard electrical service, providing at least one 120-volt and one 240- volt electrical service outlet to each manufactured home space.
    6. (6)
      Solid Waste.
      1. (A)
        Refuse Containers for Individual Pick-Up.  For individual pickup, each resident shall put all refuse in a trash container, which shall at all times be lidded.
      2. (B)
        Storage, Collection, and Disposal.  The storage, collection, and disposal of solid waste in a manufactured home park shall be conducted in a manner that will not create health hazards, rodent harborage, insect breeding areas, accidental fire hazards, and/or air pollution.  There shall be a minimum of at least one three-yard container for each five manufactured homes.  All containers shall be placed for ease of pickup by the solid waste disposal service, on a concrete pad with curbs, with a three-sided high fence that is six feet in height.   
    7. (7)
      Recreation Areas in Manufactured Home Parks.
      1. (A)
        When Required.  All parks accommodating or designed to accommodate 25 or more manufactured homes shall have a minimum of one recreation area that shall be easily accessible to all park residents. 
      2. (B)
        Size.  The size of such recreation areas shall be a minimum of 100 square feet per manufactured home stand.  No outdoor recreation area shall contain less than 2,500 square feet.
      3. (C)

        Location.  Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.

    8. (8)
      Building Separation.
      1. (A)

        Manufactured Homes.  Manufactured homes shall be separated from each other and from buildings and structures by a minimum of 15 feet on the sides and shall have an end-to-end clearance of no less than 10 feet.

      2. (B)

        Accessory Structures.  An accessory structure is considered part of the manufactured home for purposes of separation requirements if it: 

        1. (i)

          Has a horizontal area exceeding 25 square feet;

        2. (ii)

          Is attached to or located within 10 feet of the manufactured home; and,

        3. (iii)
          Has an opaque top or roof that is higher than the nearest window of the manufactured home. 
    9. (9)
      Responsibilities of Manufactured Home Park Owner and Occupant.
      1. (A)
        Park Owner Responsibilities.  The owner of a manufactured home park shall be responsible for the following:  
        1. (i)
          Maintaining the park, its facilities and equipment in good repair and in a clean and sanitary condition;
        2. (ii)
          Notify each and every park occupant of all applicable provisions of this subsection and inform them of their duties and responsibilities in paragraph (B), below; and,
        3. (iii)
          Maintaining a register of the park occupancy which shall contain the following information:
          1. a.
            Name and space number of occupant;
          2. b.
            Make, model, and license number of all recreational vehicles; and
          3. c.
            Location of each recreational vehicle within the park by space number.
      2. (B)
        Occupant Responsibilities. Occupants of a manufactured home park shall be responsible for the following: 
        1. (i)
          Maintaining the manufactured home, its facilities, and equipment in good repair and in a clean and sanitary condition;
        2. (ii)
          Ensuring proper placement of the manufactured home on its space and proper installation of all utility connections in accordance with all applicable building, plumbing, mechanical and electrical codes; and
        3. (iii)
          Maintaining in good repair any skirting, porches, awnings, and other additions, when installed.  The use of space immediately under the  recreational vehicle for storage shall be permitted only under the following conditions:
          1. a.
            The storage area shall have a base of impervious material; and
          2. b.
            Stored items shall not interfere with the inspections of the recreational vehicle nor be a fire hazard.
  • (e)
    Temporary Use.  The Director of Planning and Development may approve the temporary placement of a manufactured home in accordance with the procedures in Subsection 14.06.309Temporary Use Permit.  Proof of the permit approval shall be conspicuously posted on a readily accessible window (facing out) of the permitted manufactured home.  The City shall charge each person whose application is approved all the prevailing, applicable fees that are required to be paid to the City for residential inspections, electrical, water, and wastewater connections. 
  • Effective on: 8/9/2022

    Subsection 14.01.308 Recreational Vehicle (RV) Parks

  • (a)
    Generally.  All recreational vehicle (RV) parks shall be operated in compliance with the standards of this Subsection and any other applicable standard of this ULDO.
  • (b)
    Location.  An RV park shall be located only as a special use in districts as denoted in Table 14.01.301, Permitted Uses by District.
  • (c)
    Manufactured and Mobile Homes Prohibited.  RV parks are for the purpose of housing individuals in recreational vehicles.  As such, manufactured and mobile homes are prohibited within the boundaries of an RV park.
  • (d)
    Occupancy
    1. (1)
      Permanent Occupancy Prohibited.  Recreational vehicles, regardless of whether the vehicle is within an RV park or outside of an RV park shall not be used as a permanent residence with the exception of one permanent site as described in paragraph 4 below.
    2. (2)
      Occupancy Outside of Park.  The placement of an RV for occupancy longer than 3 days shall not be permitted except at an approved RV park.  An RV may be placed at an owner’s residence for parking purposes only in compliance with Subsection 14.01.305(h), Recreational Vehicles in Residential Zoning Districts, but shall not be used for occupancy longer than 3 days in a 12-month period​​​​​​​.
    3. (3)
      Occupancy Within RV Park.  Occupancy or parking of a recreational vehicle within an RV park extending beyond 28 days in any 12-month period shall be presumed permanent occupancy.  The City reserves the right to modify or change the length requirement for the purpose of industrial events, natural disasters, or other related incidents, including the requirement of removal of all recreational vehicles that may be subject to dangerous or inclement weather.
    4. (4)
      RV Park Employee Residence.  No more than one space shall be allowed for use as a permanent residence for a full-time employee of the RV park.
  • (e)
    Bufferyards.  A Type B bufferyard with a fence or wall complying with Subsection 14.02.403, Bufferyard Landscaping,  shall be required when abutting a residential district or use.
  • (f)
    Street Construction and Design Standards within RV Parks
    1. (1)
      General.  The street layout of a RV park should provide adequate circulation within the park and shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience.  The street layout shall be devised for the most advantageous development of the entire neighborhood and shall conform to connecting streets in land adjacent to the new park.  The street system layout shall be so designed insofar as practicable to preserve natural features such as trees, brooks, hilltops, scenic views and other such features.
    2. (2)
      Storm Drainage.  The street system layout shall provide for the acceptable disposal of storm water and adequate provisions shall be made to handle storm water in compliance with Subsection 14.03.211, Storm Drainage.
    3. (3)
      Street Network and Cross Section.  All streets shall be designed and constructed to the local street standards in Table 14.03.203-1, New Street Standards Alleys and cul-de-sacs, where provided, shall be designed and constructed as required in Subsection 14.03.202Street Network and Design.
    4. (4)
      Intersections.
      1. (A)
        All streets and alleys shall be designed and constructed to the standards in Subsection 14.03.203, Street Cross-Sections, Bridges, and Railroads.
      2. (B)
        Streets shall be extended to tie into the existing external street network.
  • (g)
    Utilities.
    1. (1)
      Minimum Requirements.  All RV sites shall be served with wastewater, water, and electrical power.
    2. (2)
      Distribution and Connection. The means of distribution of those utilities within the RV park, the utility connections at each space, and the provision of utilities to and within buildings and other structures shall comply with all applicable standards, regulations, and construction codes.
  • (h)
    Solid Waste.
    1. (1)
      Generally.  The storage, collection, and disposal of solid waste in an RV park shall be conducted in a manner that will not create health hazards, rodent harborage, insect breeding areas, accidental fire hazards, and/or air pollution.
    2. (2)
      Container Required.  There shall be a one three-yard container for each eight RV spaces.
    3. (3)
      Container Placement and Screening.  All containers shall be placed for ease of pickup by the solid waste disposal service, on a concrete pad with curbs, with a three-sided high fence that is six feet in height.
  • (i)
    Area Lighting.  RV Parks shall provide adequate lighting for safety and shall be in compliance with Section 14.02.600, Outdoor Lighting.
  • (j)
    Common Facilities.  Common Facilities shall be provided in accordance with Table 14.01.308, Required Common Facilities.
  • Table 14.01.308, Required Common Facilities

    Common Facility Standard 
    Restroom and Shower FacilitiesMale: 2 toilets, 1 lavatory, 1 shower per 50 RV spaces
    Female: 2 toilets, 1 lavatory, 1 shower per 50 RV spaces
    Laundry Facilities1 clothes washer, 1 clothes dryer per 30 RV spaces
    Potable Water Source for Holding Tanks1 per RV park

    Table 14.01.308, Required Common Facilities

    Common Facility Standard 
    Restroom and Shower FacilitiesMale: 2 toilets, 1 lavatory, 1 shower per 50 RV spaces
    Female: 2 toilets, 1 lavatory, 1 shower per 50 RV spaces
    Laundry Facilities1 clothes washer, 1 clothes dryer per 30 RV spaces
    Potable Water Source for Holding Tanks1 per RV park

    Table 14.01.308, Required Common Facilities

    Common Facility Standard 
    Restroom and Shower FacilitiesMale: 2 toilets, 1 lavatory, 1 shower per 50 RV spaces
    Female: 2 toilets, 1 lavatory, 1 shower per 50 RV spaces
    Laundry Facilities1 clothes washer, 1 clothes dryer per 30 RV spaces
    Potable Water Source for Holding Tanks1 per RV park

    Table 14.01.308, Required Common Facilities

    Common Facility Standard 
    Restroom and Shower FacilitiesMale: 2 toilets, 1 lavatory, 1 shower per 50 RV spaces
    Female: 2 toilets, 1 lavatory, 1 shower per 50 RV spaces
    Laundry Facilities1 clothes washer, 1 clothes dryer per 30 RV spaces
    Potable Water Source for Holding Tanks1 per RV park
    1. (k)
      Pad Requirements.
      1. (1)
        Generally. The sites shall be designed for ease of entering and leaving the site​​​​​​​. A roadway is therefore required that ensures the safe maneuvering and parking of recreational vehicles. The road layout shall be approved by the Director of Planning and Development.
      2. (2)
        Dimensions.  The left 1/3 (10 x 65) of the site or driver’s side must be planted with grass, crushed rock, or similar landscaping material, the middle (10 x ​​​​​​​45​​​​​​​) must be paved with cement, and the remaining 1​​​​​​​/3 or passenger side can be paved with either cement, asphalt, crushed rock or similar material.  The middle portion is to be used for the parking of the recreational vehicle, with the paved area on the right used as a parking or patio area.
    2. (l)
      Space Marker.  Each RV space shall be marked for identification.  Such markers shall be all-weather and shall be easily readable from the street.
    3. (m)
      Building Separation.  RV spaces shall be dimensioned and designed so when occupied, all RVs are separated from buildings and structures by a minimum of 15 feet on the sides.
    4. (n)
      Responsibilities of Owner and Occupant. 
      1. (1)
        Owner Responsibilities.  The owner of an RV park shall be responsible for the following:  
        1. (A)
          Maintaining the park, its facilities and equipment in good repair and in a clean and sanitary condition;
        2. (B)
          Notify each and every park occupant of all applicable provisions of this subsection and inform them of their duties and responsibilities in paragraph 2, below; and,
        3. (C)
          Maintaining a register of the park occupancy which shall contain the following information:
          1. (i)
            Name and space number of occupant;
          2. (ii)
            Make, model and license number of all recreational vehicles; and,
          3. (iii)
            Location of each recreational vehicle within the park by space number.
      2. (2)
        Occupant Responsibilities.  Occupants of an RV park shall be responsible for the following: 
        1. (A)
          Ensuring proper placement of the RV on its space and proper installation of all utility connections in accordance with all applicable building, plumbing, mechanical and electrical codes.
        2. (B)
          Maintaining in good repair any skirting, porches, awnings, and other additions, when installed.  The use of space immediately under the recreational vehicle for storage shall be permitted only under the following conditions:
          1. (i)
            The storage area shall have a base of impervious material; and,
          2. (ii)
            Stored items shall not interfere with the inspections of the recreational vehicle nor be a fire hazard.

    (Ord. # O-002-24, 02/20/2024) 

    Effective on: 3/12/2024

    Subsection 14.01.309 Game Rooms and Amusement Redemption Machines

  • (a)
    Generally. 
    1. (1)
      Permit Required.  It is a misdemeanor offense to operate a game room or an amusement redemption machine within the City without a currently valid special use permit (See Subsection 14.01.304, Special Use Permit).  Every person desiring to operate any game room shall submit an application to the Director of Planning and Development (Director) on a form provided for that purpose.
    2. (2)
      Registration with State Required.  Game room and amusement redemption machine permits shall be issued only to business entities that have been registered and are currently active with the Texas Secretary of State and to whom the Texas Comptroller of Public Accounts has issued a currently valid State tax identification number.
    3. (3)
      Illegal Machines.  This Subsection shall not be construed to authorize or permit the keeping, exhibition, operation, display, or maintenance of any machine that is prohibited by the Constitution of this State or Chapter 47 of the Texas Penal Code.
  • (b)
    Background Check.
    1. (1)
      Investigation.  The Chief of Police or a duly authorized representative shall investigate the publicly filed business records of the permittee and the background of all applicants and each officer, managing member, or owner of 20 percent or greater interest in the permittee.  The investigation may be completed by the City's Police Department or by a third-party vendor approved in advance by the Chief of Police.  Any fees associated with the investigation shall be paid by the applicant.  The investigation shall include fingerprinting the individual and a check of the individual's local, state, and national criminal records in accordance with Texas Government Code § 411.087 and 411.122.  The investigation shall include making a permanent record of the identity of all individuals described above.
    2. (2)
      Denial.  The City shall deny the issuance of a permit if the application or investigation shows any of the following:
      1. (A)
        The applicant or an officer, managing member, or owner of 20 percent or greater interest in the property or business has been convicted, within the five years preceding the date of the application, of any crime required to be listed on the permit application and not disclosed thereupon, or of a felony, or for gambling, gambling promotion, keeping a gambling house, fraud, theft, an offense against public administration, or another crime that directly relates to the duties and responsibilities of a permittee pursuant to this Subsection;
      2. (B)
        The permit application includes a false statement by the applicant;
      3. (C)
        The City has previously revoked the applicant's permit of the type requested or a coin-operated business license issued under Article 4.09, Operation of Coin-Operated Machines, within the past year; and,
      4. (D)
        The permit application does not meet all the requirements of this Subsection.
  • (c)
    Location.  All game rooms or amusement redemption machines shall be located on a site that meets the following:
    1. (1)
      At least 1,000 feet from another permitted game room whether operating or not; and
    2. (2)
      At least 300 feet from: 
      1. (A)
        Residential uses or districts (DA, RE, GR, SU, MR);
      2. (B)
      3. (C)
        Educational facilities (excluding transportation-related instruction);
      4. (D)
      5. (E)
        Medical facilities.
  • (d)
    Design.
    1. (1)
      Transparent, Unobstructed Windows Required.  Game rooms shall have transparent unobstructed windows or open space on at least one side so that the open area is open to view by the general public passing by on a public street or using a corridor, lobby, or other room to which the public has access and is admitted without charge.  The owner, manager, or employee of a game room shall not permit any obstruction of any window by the use of drawn shades, blinds, partitions, tinting, or other structures or obstructions.
    2. (2)
      Historic or Architectural Significant Structures.  It is an affirmative defense to prosecution under Subsection (c)(1) above that:
      1. (i)

        The game room is located in a structure registered as a historic landmark, or the structure is within a historic district and deemed to have architectural or historic significance which would qualify the structure for registration as a historic landmark; and

      2. (ii)

        Compliance with the unobstructed view requirement would require alterations to the structure that would have a substantially detrimental effect on its historic or architectural features.

  • (e)
    Operational Standards. 
    1. (1)
      Age Requirement.  Game rooms shall not allow any person under the age of 18 years to play on an amusement redemption machine.
    2. (2)
      Memberships Prohibited.
      1. (A)
        A game room shall not require memberships for any purpose.
      2. (B)
        A game room shall not restrict entry to a game room and/or prohibit participation in any activity inside a game room by a patron through the requirement of a game room membership.
      3. (C)
        Game rooms shall not issue membership cards to any individual for any purpose.
      4. (D)
        Game rooms shall not have, make use of, employ, and/or require check-in procedures of any kind prior to entering or before exiting a game room.
    3. (3)
      Required Signage.   At all times during which a permittee holds a valid special use permit for a game room, the permittee shall display a sign on the premises of the permitted game room which reads as follows:
      1. (A)
        The words: "Game Room" in contrasting colors and block letters at least four inches in height;
      2. (B)
        The words: “Gambling is a crime.  If you win more than $5.00 per play, you may be arrested and fined $500.00” in contrasting colors and block letters at least one inch in height; and
      3. (C)
        A sign as described in (A) and (B) above is to be displayed in a conspicuous manner clearly visible to the public at each entrance to the game room and at each location within the game room where patrons may collect winnings.
    4. (4)
      Report Violation.  Game rooms shall promptly report to the City's Police Department any violations of State law or City ordinances committed by employees or patrons in or on game room premises.
  • Effective on: 8/9/2022

    Subsection 14.01.310 Temporary Use and Structure Standards

  • (a)
    Generally.  Permitted temporary uses and structures are set forth in Table 14.01.310-1, Temporary Uses and Structures.  Standards for temporary uses and structures are set forth below.
  • (b)
    Purpose.  The purpose of this Subsection is to establish specific conditions for certain uses and structures permitted for a limited duration.  The following standards ensure that such temporary uses or structures do not negatively impact surrounding properties and are discontinued upon the expiration of a set time period.
  • (c)
    Applicability.
    1. (1)
      Maximum Duration.  Other than retail promotional activities, the temporary uses set out in this Subsection are limited for a specified period of time as set in Table 14.01.310-1, Temporary Uses and Structures.
    2. (2)
      Required Principal Use.  The establishment of a temporary use requires a permanent principal use, except for a batch plant.
    3. (3)
      Authorized Applicants.  The owner or another person having a contractual interest in the subject property shall sign the Temporary Use Permit Application.
    4. (4)
      Unlisted Temporary Uses.  Refer to Subsection 14.01.302, New and Unlisted Uses, as the same means of interpretation apply to temporary uses as apply to permanent uses.
  • Table 14.01.310-1, Temporary Uses and Structures

    Land Use

    Duration

    Zoning Districts

    Residential

    Nonresidential and Mixed-Use

    RE

    GR

    MR

    DA

    C-MU

    SC

    C

    IL

    IH

    PI

    P= Permitted Use  |  L= Limited Use | -- = Prohibited Use | Maximum Events per Year/Days per Event (Duration Column)

    Public and Commercial Events

    Commercial Outdoor Sales Event

    6/4

    --

    --

    --

    P

    P

    P

    P

    P

    ----
    Farmer's Market or Open-Air Market 52/2------PPPPP--P
    Mobile Food Vendor 365/1------PPPP----
    Public Exhibit or Transient Events/Shows1/14------PPPP------

    Roadside Stand

    2/60

    --

    --------PP------

    Seasonal Sales

    6/60------

    P

    P

    P

    P------

    Sidewalk Sales

    6/60------

    P

    P

    P

    P------

    Public Exhibit or Transient Events/Shows

    1/14------P

    P

    P

    P

    ------
    Temporary Mobile Retail Vendor365/1------PP----------

    Construction, Storage, and Refuse Collection Facilities

    Asphalt or Concrete Batch Plant, Temporary

    N/A

    L

    L

    L

    L

    L

    L

    L

    L

    L

    L

    Temporary Construction Offices

    N/A

    L

    L

    L

    --

    L

    L

    L

    L

    L

    L

    Temporary Construction Yard

    N/A

    --

    --

    --

    --

    --

    --

    --

    L

    L

    L

    Temporary Construction DumpstersN/ALLLLLLLLLL

    Portable Storage Unit

    N/ALLLL

    L

    L

    L

    L

    L

    L

    Table 14.01.310-1, Temporary Uses and Structures

    Land Use

    Duration

    Zoning Districts

    Residential

    Nonresidential and Mixed-Use

    RE

    GR

    MR

    DA

    C-MU

    SC

    C

    IL

    IH

    PI

    P= Permitted Use  |  L= Limited Use | -- = Prohibited Use | Maximum Events per Year/Days per Event (Duration Column)

    Public and Commercial Events

    Commercial Outdoor Sales Event

    6/4

    --

    --

    --

    P

    P

    P

    P

    P

    ----
    Farmer's Market or Open-Air Market 52/2------PPPPP--P
    Mobile Food Vendor 365/1------PPPP----
    Public Exhibit or Transient Events/Shows1/14------PPPP------

    Roadside Stand

    2/60

    --

    --------PP------

    Seasonal Sales

    6/60------

    P

    P

    P

    P------

    Sidewalk Sales

    6/60------

    P

    P

    P

    P------

    Public Exhibit or Transient Events/Shows

    1/14------P

    P

    P

    P

    ------
    Temporary Mobile Retail Vendor365/1------PP----------

    Construction, Storage, and Refuse Collection Facilities

    Asphalt or Concrete Batch Plant, Temporary

    N/A

    L

    L

    L

    L

    L

    L

    L

    L

    L

    L

    Temporary Construction Offices

    N/A

    L

    L

    L

    --

    L

    L

    L

    L

    L

    L

    Temporary Construction Yard

    N/A

    --

    --

    --

    --

    --

    --

    --

    L

    L

    L

    Temporary Construction DumpstersN/ALLLLLLLLLL

    Portable Storage Unit

    N/ALLLL

    L

    L

    L

    L

    L

    L

    Table 14.01.310-1, Temporary Uses and Structures

    Land Use

    Duration

    Zoning Districts

    Residential

    Nonresidential and Mixed-Use

    RE

    GR

    MR

    DA

    C-MU

    SC

    C

    IL

    IH

    PI

    P= Permitted Use  |  L= Limited Use | -- = Prohibited Use | Maximum Events per Year/Days per Event (Duration Column)

    Public and Commercial Events

    Commercial Outdoor Sales Event

    6/4

    --

    --

    --

    P

    P

    P

    P

    P

    ----
    Farmer's Market or Open-Air Market 52/2------PPPPP--P
    Mobile Food Vendor 365/1------PPPP----
    Public Exhibit or Transient Events/Shows1/14------PPPP------

    Roadside Stand

    2/60

    --

    --------PP------

    Seasonal Sales

    6/60------

    P

    P

    P

    P------

    Sidewalk Sales

    6/60------

    P

    P

    P

    P------

    Public Exhibit or Transient Events/Shows

    1/14------P

    P

    P

    P

    ------
    Temporary Mobile Retail Vendor365/1------PP----------

    Construction, Storage, and Refuse Collection Facilities

    Asphalt or Concrete Batch Plant, Temporary

    N/A

    L

    L

    L

    L

    L

    L

    L

    L

    L

    L

    Temporary Construction Offices

    N/A

    L

    L

    L

    --

    L

    L

    L

    L

    L

    L

    Temporary Construction Yard

    N/A

    --

    --

    --

    --

    --

    --

    --

    L

    L

    L

    Temporary Construction DumpstersN/ALLLLLLLLLL

    Portable Storage Unit

    N/ALLLL

    L

    L

    L

    L

    L

    L

    Table 14.01.310-1, Temporary Uses and Structures

    Land Use

    Duration

    Zoning Districts

    Residential

    Nonresidential and Mixed-Use

    RE

    GR

    MR

    DA

    C-MU

    SC

    C

    IL

    IH

    PI

    P= Permitted Use  |  L= Limited Use | -- = Prohibited Use | Maximum Events per Year/Days per Event (Duration Column)

    Public and Commercial Events

    Commercial Outdoor Sales Event

    6/4

    --

    --

    --

    P

    P

    P

    P

    P

    ----
    Farmer's Market or Open-Air Market 52/2------PPPPP--P
    Mobile Food Vendor 365/1------PPPP----
    Public Exhibit or Transient Events/Shows1/14------PPPP------

    Roadside Stand

    2/60

    --

    --------PP------

    Seasonal Sales

    6/60------

    P

    P

    P

    P------

    Sidewalk Sales

    6/60------

    P

    P

    P

    P------

    Public Exhibit or Transient Events/Shows

    1/14------P

    P

    P

    P

    ------
    Temporary Mobile Retail Vendor365/1------PP----------

    Construction, Storage, and Refuse Collection Facilities

    Asphalt or Concrete Batch Plant, Temporary

    N/A

    L

    L

    L

    L

    L

    L

    L

    L

    L

    L

    Temporary Construction Offices

    N/A

    L

    L

    L

    --

    L

    L

    L

    L

    L

    L

    Temporary Construction Yard

    N/A

    --

    --

    --

    --

    --

    --

    --

    L

    L

    L

    Temporary Construction DumpstersN/ALLLLLLLLLL

    Portable Storage Unit

    N/ALLLL

    L

    L

    L

    L

    L

    L

    1. (b)
      General Criteria.  All temporary uses listed in this Subsection require a temporary use permit.  The Director of Planning and Development (Director) shall not approve or modify and approve an application for a temporary use permit unless the following general criteria, specific regulations, and time limitations are met in addition to standards for any particular temporary use as specified below. 
      1. (1)
        Accessibility.  The temporary use does not create any violations of the Americans with Disabilities Act, the Texas Accessibility Standards, or the accessibility standards adopted by the City.
      2. (2)
        Location (Permission Required).  The use shall not be on publicly or privately owned property unless the applicant first obtains written approval from the owner.
      3. (3)
        Traffic.  The location of the temporary use or structure shall be such that adverse effects on surrounding properties will be minimal, particularly regarding any type of traffic generated or impacted by the temporary use or structure and impact upon traffic circulation in the area. 
      4. (4)
        Parking and Access.  Adequate off-street parking shall be provided to serve the use.  The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.
      5. (5)
        Property Line Setbacks.  Structures and/or display of merchandise shall comply with the yard and property line setback requirements of the base zoning district within which it is located.  The items shall be displayed so as not to interfere with the visibility triangle of the intersection of the curb line of any two streets or a driveway and a street. In no case shall items be displayed, or business conducted within the public right-of-way with the exception of the DA or C-MU districts.
      6. (6)
        Signs.  Signage for temporary uses shall be permitted only within the time frame for which the temporary use is permitted.  See Subsection 14.02.505, Temporary Signs for specific standards for signs.
      7. (7)
        Number per Parcel.  Only one temporary use permit shall be permitted for a single parcel of land at any given time.
      8. (8)

        Utilities.  Temporary uses shall provide sufficient potable water and adequate sewage disposal.

      9. (9)

        Outdoor Lighting.  All light sources shall be directed inward to the site and downward and away from adjacent properties. Refer to Section 14.02.600, Outdoor Lighting.

      10. (10)

        Public Convenience and Litter Control.

        1. (A)

          Adequate public restroom facilities and waste containers shall be required on-site.

        2. (B)

          After the temporary use is finished, the site shall be returned to its condition prior to the temporary use being established, including, but not limited to, removal of all litter and any other facilities related to the use, at no expense to the City.

    2. (c)
      Temporary Mobile Retail Vendor.  In addition to the general criteria above, temporary mobile retail vendors shall comply with ARTICLE 4.06, Peddlers and Solicitors, of the City Code. 
    3. (d)
      Construction, Storage, and Refuse Collection Uses.  The standards of this Section apply to temporary construction, storage, and refuse collection uses that are specified in Table 14.01.310-1, Temporary Uses, as a limited ("L") use.
      1. (1)
        Location and Operations.  The location, hours of use, operational limitations, and duration of use are set out in Table 14.01.310-2, Temporary Construction, Storage, and Refuse Collection Uses.

    Table 14.01.310-2, Temporary Construction, Storage, and Refuse Collection Uses

    Temporary Use

    Location of Use

    Hours of Use

    Operational Limitations

    Duration of Use

    Asphalt or Concrete Batch Plant

    Not less than 600 feet from any residential property, park, or school.

    8:00 a.m. to 8:00 p.m. if within 600 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.

    The facility shall be used only for a project within the City or its ETJ, no more than one mile from the project site.

    Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.

    Temporary Construction Office

    On a lot or parcel proposed for development, set back at least 10 feet from all property lines.

    Not limited.

    May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a residence.

    Shall be removed prior to issuance of a certificate of occupancy for the last building of the project.

    Temporary Construction Yard

    Within one-half mile of the construction site to which the construction yard relates.

    8:00 a.m. to 8:00 p.m. if within 600 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.

    The facility shall be used only for a construction site within the City or ETJ or an infrastructure project that is wholly or partially located in the City.

    Established by approval; to coincide with the use of the facility for a specified construction project.

    Temporary Construction Dumpster On a parcel or lot using dumpster, set back at least 10 ft. from the property line. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.Not limited.Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or animals.Shall be removed prior to issuance of a certificate of occupancy for the last building of a project.

    Portable Storage Unit

    On a parcel or lot served by a portable storage unit.  No encroachment into setbacks or over sidewalks is permitted. On nonresidential parcels, shall be located behind principal building.

    Not limited.

    Not limited.

    Three days if located in a residential driveway; three months if located behind principal nonresidential building and screened from view from public rights-of-way and residential districts or uses.

    Table 14.01.310-2, Temporary Construction, Storage, and Refuse Collection Uses

    Temporary Use

    Location of Use

    Hours of Use

    Operational Limitations

    Duration of Use

    Asphalt or Concrete Batch Plant

    Not less than 600 feet from any residential property, park, or school.

    8:00 a.m. to 8:00 p.m. if within 600 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.

    The facility shall be used only for a project within the City or its ETJ, no more than one mile from the project site.

    Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.

    Temporary Construction Office

    On a lot or parcel proposed for development, set back at least 10 feet from all property lines.

    Not limited.

    May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a residence.

    Shall be removed prior to issuance of a certificate of occupancy for the last building of the project.

    Temporary Construction Yard

    Within one-half mile of the construction site to which the construction yard relates.

    8:00 a.m. to 8:00 p.m. if within 600 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.

    The facility shall be used only for a construction site within the City or ETJ or an infrastructure project that is wholly or partially located in the City.

    Established by approval; to coincide with the use of the facility for a specified construction project.

    Temporary Construction Dumpster On a parcel or lot using dumpster, set back at least 10 ft. from the property line. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.Not limited.Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or animals.Shall be removed prior to issuance of a certificate of occupancy for the last building of a project.

    Portable Storage Unit

    On a parcel or lot served by a portable storage unit.  No encroachment into setbacks or over sidewalks is permitted. On nonresidential parcels, shall be located behind principal building.

    Not limited.

    Not limited.

    Three days if located in a residential driveway; three months if located behind principal nonresidential building and screened from view from public rights-of-way and residential districts or uses.

    Table 14.01.310-2, Temporary Construction, Storage, and Refuse Collection Uses

    Temporary Use

    Location of Use

    Hours of Use

    Operational Limitations

    Duration of Use

    Asphalt or Concrete Batch Plant

    Not less than 600 feet from any residential property, park, or school.

    8:00 a.m. to 8:00 p.m. if within 600 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.

    The facility shall be used only for a project within the City or its ETJ, no more than one mile from the project site.

    Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.

    Temporary Construction Office

    On a lot or parcel proposed for development, set back at least 10 feet from all property lines.

    Not limited.

    May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a residence.

    Shall be removed prior to issuance of a certificate of occupancy for the last building of the project.

    Temporary Construction Yard

    Within one-half mile of the construction site to which the construction yard relates.

    8:00 a.m. to 8:00 p.m. if within 600 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.

    The facility shall be used only for a construction site within the City or ETJ or an infrastructure project that is wholly or partially located in the City.

    Established by approval; to coincide with the use of the facility for a specified construction project.

    Temporary Construction Dumpster On a parcel or lot using dumpster, set back at least 10 ft. from the property line. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.Not limited.Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or animals.Shall be removed prior to issuance of a certificate of occupancy for the last building of a project.

    Portable Storage Unit

    On a parcel or lot served by a portable storage unit.  No encroachment into setbacks or over sidewalks is permitted. On nonresidential parcels, shall be located behind principal building.

    Not limited.

    Not limited.

    Three days if located in a residential driveway; three months if located behind principal nonresidential building and screened from view from public rights-of-way and residential districts or uses.

    Table 14.01.310-2, Temporary Construction, Storage, and Refuse Collection Uses

    Temporary Use

    Location of Use

    Hours of Use

    Operational Limitations

    Duration of Use

    Asphalt or Concrete Batch Plant

    Not less than 600 feet from any residential property, park, or school.

    8:00 a.m. to 8:00 p.m. if within 600 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.

    The facility shall be used only for a project within the City or its ETJ, no more than one mile from the project site.

    Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.

    Temporary Construction Office

    On a lot or parcel proposed for development, set back at least 10 feet from all property lines.

    Not limited.

    May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a residence.

    Shall be removed prior to issuance of a certificate of occupancy for the last building of the project.

    Temporary Construction Yard

    Within one-half mile of the construction site to which the construction yard relates.

    8:00 a.m. to 8:00 p.m. if within 600 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.

    The facility shall be used only for a construction site within the City or ETJ or an infrastructure project that is wholly or partially located in the City.

    Established by approval; to coincide with the use of the facility for a specified construction project.

    Temporary Construction Dumpster On a parcel or lot using dumpster, set back at least 10 ft. from the property line. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.Not limited.Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or animals.Shall be removed prior to issuance of a certificate of occupancy for the last building of a project.

    Portable Storage Unit

    On a parcel or lot served by a portable storage unit.  No encroachment into setbacks or over sidewalks is permitted. On nonresidential parcels, shall be located behind principal building.

    Not limited.

    Not limited.

    Three days if located in a residential driveway; three months if located behind principal nonresidential building and screened from view from public rights-of-way and residential districts or uses.

    1.   
      1. (2)
        Sanitary Facilities.  Restroom facilities shall be provided for operators of concrete and asphalt batching operations and for users of temporary construction buildings (except when used exclusively for storage), model homes, and on-site real estate offices.
      2. (3)
        Additional Standards Applicable to Concrete and Asphalt Batching Operations.  The Director shall review all applications for concrete and asphalt batching operations to assure compliance with the standards below.  Where this use is indicated as a limited use in Table 14.01.309-1, Temporary Uses and Structures, the Director shall refer the recommendation to the Planning and Zoning Commission with a staff report and recommendations on the application.  The standards include:
        1. (A)
          The applicant shall provide a written agreement and advanced surety in the amount of 125 percent of the estimated site restoration cost to ensure complete site restoration upon the facility's dismantling or revocation of the permit, plus the estimated road restoration/replacement costs along anticipated principal truck routes.  This amount shall be approved by the Director.
        2. (B)
          If deemed necessary by the Director in consultation with the Director of Public Works, the property access shall be controlled by special traffic markings and/or signalization at the applicant's expense.  Instances warranting such traffic improvements may include locations at busy intersections or other areas where interference with primary traffic from trucks would be extensive.
        3. (C)
          All electric and lighting facilities shall be submitted to the Director prior to installation.  These facilities shall be installed in accordance with approved plans.
        4. (D)
          Noise shall be controlled so that:
          1. (i)
            The noise level at the nearest property line does not exceed 50 dBA after 10:00 p.m.
          2. (ii)
            The noise level at the property line of the concrete and asphalt batching operation does not exceed 75 dBA for more than two hours per day.
          3. (iii)
            The noise level at the property line of the concrete and asphalt batching operation does not exceed 85 dBA at any time.
      3. (4)
        Extension of Approvals.  Approvals may be extended upon demonstration of good cause, appropriate maintenance, extension of any surety, and diligent pursuit of the purposes for which the temporary construction or storage uses were established.  All applications for renewal of a temporary use permit issued pursuant to this Subsection shall be submitted to the Director at least 10 working days before the expiration of the current permit.

    Effective on: 8/9/2022

    Subsection 14.01.401 Measurements

  • (a)
    Purpose.  The purpose of this Section is to provide uniform measures for interpretation and enforcement of this ULDO and to list any exceptions to the dimensional standards thereof.
  • (b)
    Measurements.  Table 14.01.401-1, Measurements, below, provides the method of measurement for the developmental standards in this ULDO.  Standards related to each type of measurement in this Section are established in the tables in Section 14.01.200Base Districts and Standards. 
  • Table 14.01.401-1, Measurements 
     MeasurementMethodology Illustration 
    Lot  CoverageThe area of a parcel occupied by permanently anchored primary and/or accessory buildings.

    Floor Area Ratio

    (FAR)

    The gross floor area of all buildings on a lot, divided by the lot area.
    Gross DensityThe number of dwelling units divided by gross acres. With gross acres being the site area minus the area of open space.
    Gross Floor AreaThe total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.
    Height

    Buildings: The vertical distance from the grade level of that portion of a parcel covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height between eaves and the ridge of a gable, hip or gambrel roof.

     

     

     

    Walls or Fences: The vertical distance from the grade level of that portion of a parcel immediately abutting a wall or fence to the highest point of the wall or fence.
    Lot Area The total horizontal area included within property lines.
    Lot Width 

    For an interior parcel, the horizontal distance between the side property lines, measured at the required front setback line.

    For a cul-de-sac parcel, the horizontal distance between the side property lines measured at the front setback line. 

     

     

    Setback 

    The horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward.  The front and side setback lines span the entire width of the property.  The interior side and exterior side setback lines extend from the required front setback line to the required rear setback line.

    Visibility Triangle

    A triangular area that includes that portion of public right-of-way and any private property within a triangle formed by a diagonal line extending through points on the two property lines 25 feet from the street corner intersection of the property lines.

     

    The vertical dimensions of this triangle are two feet to six and one-half feet above finished grade. 

     


    Sign Area

    Cabinet Signs:  Where a sign is enclosed in a frame or cabinet, the area of the entire surface of the sign face within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of the sign.  That perimeter does not include any structural or framing elements lying outside the limits of the sign face unless such elements consist of a corporate logo that is part of the face, frame, or cabinet of the sign.


    Channel Letters: Where a sign consists of individual letters, words or symbols attached to a surface, the area of the smallest rectangle that completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall or sign face.

    Sign ClearanceClearance is the distance between the bottom of a sign and the nearest point on the surface under it.
    Sign Height

    Freestanding Signs: The vertical distance from the base of the sign’s supportive structure at its point of attachment to the ground, to the highest point of the sign structure.

     

     

     

     

     

     

     

     

     

     

     

    Attached Signs: The vertical distance from the point where the supporting wall meets the ground to the top of the highest point of the wall sign.


     

    Sign Setback The shortest distance from each property line to the leading edge of the sign.
    Table 14.01.401-1, Measurements 
     MeasurementMethodology Illustration 
    Lot  CoverageThe area of a parcel occupied by permanently anchored primary and/or accessory buildings.

    Floor Area Ratio

    (FAR)

    The gross floor area of all buildings on a lot, divided by the lot area.
    Gross DensityThe number of dwelling units divided by gross acres. With gross acres being the site area minus the area of open space.
    Gross Floor AreaThe total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.
    Height

    Buildings: The vertical distance from the grade level of that portion of a parcel covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height between eaves and the ridge of a gable, hip or gambrel roof.

     

     

     

    Walls or Fences: The vertical distance from the grade level of that portion of a parcel immediately abutting a wall or fence to the highest point of the wall or fence.
    Lot Area The total horizontal area included within property lines.
    Lot Width 

    For an interior parcel, the horizontal distance between the side property lines, measured at the required front setback line.

    For a cul-de-sac parcel, the horizontal distance between the side property lines measured at the front setback line. 

     

     

    Setback 

    The horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward.  The front and side setback lines span the entire width of the property.  The interior side and exterior side setback lines extend from the required front setback line to the required rear setback line.

    Visibility Triangle

    A triangular area that includes that portion of public right-of-way and any private property within a triangle formed by a diagonal line extending through points on the two property lines 25 feet from the street corner intersection of the property lines.

     

    The vertical dimensions of this triangle are two feet to six and one-half feet above finished grade. 

     


    Sign Area

    Cabinet Signs:  Where a sign is enclosed in a frame or cabinet, the area of the entire surface of the sign face within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of the sign.  That perimeter does not include any structural or framing elements lying outside the limits of the sign face unless such elements consist of a corporate logo that is part of the face, frame, or cabinet of the sign.


    Channel Letters: Where a sign consists of individual letters, words or symbols attached to a surface, the area of the smallest rectangle that completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall or sign face.

    Sign ClearanceClearance is the distance between the bottom of a sign and the nearest point on the surface under it.
    Sign Height

    Freestanding Signs: The vertical distance from the base of the sign’s supportive structure at its point of attachment to the ground, to the highest point of the sign structure.

     

     

     

     

     

     

     

     

     

     

     

    Attached Signs: The vertical distance from the point where the supporting wall meets the ground to the top of the highest point of the wall sign.


     

    Sign Setback The shortest distance from each property line to the leading edge of the sign.
    Table 14.01.401-1, Measurements 
     MeasurementMethodology Illustration 
    Lot  CoverageThe area of a parcel occupied by permanently anchored primary and/or accessory buildings.

    Floor Area Ratio

    (FAR)

    The gross floor area of all buildings on a lot, divided by the lot area.
    Gross DensityThe number of dwelling units divided by gross acres. With gross acres being the site area minus the area of open space.
    Gross Floor AreaThe total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.
    Height

    Buildings: The vertical distance from the grade level of that portion of a parcel covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height between eaves and the ridge of a gable, hip or gambrel roof.

     

     

     

    Walls or Fences: The vertical distance from the grade level of that portion of a parcel immediately abutting a wall or fence to the highest point of the wall or fence.
    Lot Area The total horizontal area included within property lines.
    Lot Width 

    For an interior parcel, the horizontal distance between the side property lines, measured at the required front setback line.

    For a cul-de-sac parcel, the horizontal distance between the side property lines measured at the front setback line. 

     

     

    Setback 

    The horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward.  The front and side setback lines span the entire width of the property.  The interior side and exterior side setback lines extend from the required front setback line to the required rear setback line.

    Visibility Triangle

    A triangular area that includes that portion of public right-of-way and any private property within a triangle formed by a diagonal line extending through points on the two property lines 25 feet from the street corner intersection of the property lines.

     

    The vertical dimensions of this triangle are two feet to six and one-half feet above finished grade. 

     


    Sign Area

    Cabinet Signs:  Where a sign is enclosed in a frame or cabinet, the area of the entire surface of the sign face within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of the sign.  That perimeter does not include any structural or framing elements lying outside the limits of the sign face unless such elements consist of a corporate logo that is part of the face, frame, or cabinet of the sign.


    Channel Letters: Where a sign consists of individual letters, words or symbols attached to a surface, the area of the smallest rectangle that completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall or sign face.

    Sign ClearanceClearance is the distance between the bottom of a sign and the nearest point on the surface under it.
    Sign Height

    Freestanding Signs: The vertical distance from the base of the sign’s supportive structure at its point of attachment to the ground, to the highest point of the sign structure.

     

     

     

     

     

     

     

     

     

     

     

    Attached Signs: The vertical distance from the point where the supporting wall meets the ground to the top of the highest point of the wall sign.


     

    Sign Setback The shortest distance from each property line to the leading edge of the sign.
    Table 14.01.401-1, Measurements 
     MeasurementMethodology Illustration 
    Lot  CoverageThe area of a parcel occupied by permanently anchored primary and/or accessory buildings.

    Floor Area Ratio

    (FAR)

    The gross floor area of all buildings on a lot, divided by the lot area.
    Gross DensityThe number of dwelling units divided by gross acres. With gross acres being the site area minus the area of open space.
    Gross Floor AreaThe total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.
    Height

    Buildings: The vertical distance from the grade level of that portion of a parcel covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height between eaves and the ridge of a gable, hip or gambrel roof.

     

     

     

    Walls or Fences: The vertical distance from the grade level of that portion of a parcel immediately abutting a wall or fence to the highest point of the wall or fence.
    Lot Area The total horizontal area included within property lines.
    Lot Width 

    For an interior parcel, the horizontal distance between the side property lines, measured at the required front setback line.

    For a cul-de-sac parcel, the horizontal distance between the side property lines measured at the front setback line. 

     

     

    Setback 

    The horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward.  The front and side setback lines span the entire width of the property.  The interior side and exterior side setback lines extend from the required front setback line to the required rear setback line.

    Visibility Triangle

    A triangular area that includes that portion of public right-of-way and any private property within a triangle formed by a diagonal line extending through points on the two property lines 25 feet from the street corner intersection of the property lines.

     

    The vertical dimensions of this triangle are two feet to six and one-half feet above finished grade. 

     


    Sign Area

    Cabinet Signs:  Where a sign is enclosed in a frame or cabinet, the area of the entire surface of the sign face within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of the sign.  That perimeter does not include any structural or framing elements lying outside the limits of the sign face unless such elements consist of a corporate logo that is part of the face, frame, or cabinet of the sign.


    Channel Letters: Where a sign consists of individual letters, words or symbols attached to a surface, the area of the smallest rectangle that completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall or sign face.

    Sign ClearanceClearance is the distance between the bottom of a sign and the nearest point on the surface under it.
    Sign Height

    Freestanding Signs: The vertical distance from the base of the sign’s supportive structure at its point of attachment to the ground, to the highest point of the sign structure.

     

     

     

     

     

     

     

     

     

     

     

    Attached Signs: The vertical distance from the point where the supporting wall meets the ground to the top of the highest point of the wall sign.


     

    Sign Setback The shortest distance from each property line to the leading edge of the sign.

    Effective on: 8/9/2022

    Subsection 14.01.402 Specific Allowances

  • (a)
    Generally.  The provisions of this Subsection set forth special cases that warrant flexibility in the developmental standards in this ULDO.  
  • (b)
    Lot Averaging.  Lot averaging is a design technique that replaces minimum lot dimensions with an average lot width and size for a subdivision.  The lot area and width dimensions in Section 14.01.200, Base Districts and Standards, may be averaged for each zoning district. In order to utilize lot averaging, all lots in the proposed subdivision shall meet the following criteria:
    1. (1)
      Equal to or Greater.  The average lot area and average lot width of the proposed subdivision shall be equal to or greater than the individual lot area and lot width of the subdivision's proposed underlying zoning district as specified in Section 14.01.200, Base Districts and Standards.
    2. (2)
      Greater than 90 Percent.  No lot shall have a lot area or lot width that is less than 90 percent of the lot area or lot width specified in Section 14.01.200 (see Figure 14.01.402-1, Lot Averaging).
  •  Figure 14.01.402-1, Lot Averaging  

    1. (c)
      Alternative Setback Compliance.  The provisions of this Subsection provide for flexibility from specifically referenced portions of the ULDO that might in limited circumstances provide for requirements that are too rigid.  The front setback required for all districts in Section 14.01.200, Base Districts and Standards, may be reduced subject to the following standards. 
      1. (1)
        If 50 percent or more of the lots on the same side of the block (not counting the applicant's lot) are developed with buildings that are set back at distances that are less than the required front yard setback, the front setback of the applicant's lot may be reduced to the average front setback of all of the developed lots on the same side of the block (See Figure 14.01.402-2, Contextual Front Setback Reduction).
      2. (2)

        If the applicant's lot takes vehicular access from the front, the driveway shall be a minimum of 20 feet long, measured from the property line to a building wall or garage door.

    Figure 14.01.402-2, Contextual Front Setback Reduction

    1. (d)
      Setback Encroachments.
      1. (1)

        Architectural Features.  Except where a minimum side setback is less than five feet, cornices, canopies, gutters, eaves or other architectural features may project into required setbacks a maximum of two and one-half feet.

      2. (2)

        Balconies, Decks, and Porches.  Unenclosed balconies, decks, and porches may project into a front or rear setback a maximum of 10 feet, but shall not be closer than 10 feet from the front property line.

      3. (3)

        Bay Windows and Chimneys.  Bay windows and chimneys may project into required setbacks a maximum of two feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located and provided they are set back a minimum of three feet from all property lines.

      4. (4)

        Outdoor Seating.  Outdoor seating associated with a Restaurant Use Category may project a maximum of five feet into a required front setback, provided the space is at grade and is separated from the right-of-way by landscaping or a vertical barrier.

      5. (5)

        Building Setback Lines and Easements.  Where building lines established by restrictive covenant in a recorded subdivision or where public easements are in excess of the setback requirements of the zoning district, the easement or the platted building line controls.

      6. (6)
        Petroleum Pipeline Easements.  Where a lot contains a petroleum pipeline easement, a building setback line shall be established 25 feet from the centerline of the easement. If such pipeline easement exceeds 50 feet in width, the building setback line shall be established at the edge of the easement. 
    2. (e)
      Building Coverage and Impervious Area
      1. (1)
        Building Coverage.  The square footage of structures that house permitted agricultural uses, as established in the Agriculture Use Category definition in Section 14.09.200, Definitions, does not count toward the maximum building coverage limitation. 
      2. (2)
        Impervious Area Bonus.  Properties that utilize a green roof or on-site water collection and micro-storage via barrels, rain gardens, vegetated gardens, or reuse for irrigation purposes may increase the allowable impervious area by up to 10 percent of the lot area.  
    3. (f)
      Height.  The following building elements and appurtenances may exceed the allowable height of the applicable district by no more than 20 feet:
      1. (1)
        Belfries;
      2. (2)
        Chimneys;
      3. (3)
        Cooling towers;
      4. (4)
        Fire towers;
      5. (5)
        Flag poles;
      6. (6)
        Public monuments;
      7. (7)
        Ornamental towers and spires;
      8. (8)
        Roof gables; 
      9. (9)
        Spires;
      10. (10)
        Stage towers or scenery lofts;
      11. (11)
        Tanks;
      12. (12)
        Water towers; and
      13. (13)
        Vent Stacks. 

    Effective on: 8/9/2022