6-100 "R-1" and "R-1-A", single-family dwelling districts: These districts comprise the preponderant portion of the existing housing development in the city and are considered to be the proper classifications for large areas of the undeveloped land remaining in the city appropriate for single-family use. These districts are intended to be composed of single-family dwellings together with the public schools, churches and public parks essential to create basic neighborhood units. The following regulations shall apply to all "R-1" and "R-1-A" dwelling districts:

6-101 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Single-family dwellings.

(C)

Accessory buildings (see section 22-17).

(D)

Home occupations (see section 22-18).

(E)

Crop production.

(F)

Golf courses.

(G)

Local utility services.

(H)

Municipal facility or use.

(I)

Orchards.

(J)

Parks and playgrounds.

(K)

Parochial schools.

(L)

Plant nurseries.

(M)

Public schools.

(N)

Railway rights-of-way and tracks.

(O)

Religious assembly.

(P)

Support housing (agricultural).

(Q)

Truck gardens.

(R)

HUD-Code manufactured home with concrete stem wall.

(S)

Any use that may not be restricted in a residential zoning district pursuant to applicable state or federal law, including community homes pursuant to Texas Human Resources Code, Chapter 123, and, as applicable, religious assembly uses pursuant to the Texas Religious Freedom and Restoration Act.

6-102 Uses permitted with a specific use permit. Subject to approval by the city commission, the following specific uses may be permitted in an R-1 or R-1-A district:

(A)

Addition rehabilitation facility.

(B)

Bed and breakfast.

(C)

Cemetery or mausoleum.

(D)

College, university.

(E)

Community center.

(F)

Community unit development (variable housing).

(G)

Country club, private membership.

(H)

Institution of religious, charitable, or philanthropic nature.

(I)

Lodge or fraternal organization.

(J)

Museum.

(K)

Telecommunications tower.

(L)

Townhouse.

(M)

Transportation terminal.

(Ord. No. 18-21, § I, 11-6-18)

6-103 Prohibited uses:

(A)

All uses not expressly permitted or authorized in the residential district by this article are prohibited.

(B)

Mobile homes.

(C)

HUD-Code manufactured homes that lack a concrete stem wall.

6-104 Area requirements:

(A)

Front yard. There shall be a front yard for every structure in the "R-1" and "R-1-A" dwelling districts having a depth of not less than twenty-five (25) feet from the front property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space.

(B)

Rear yard. There shall be a rear yard for every structure in the "R-1" and "R-1-A" dwelling districts which shall have a depth of not less than twenty-five (25) feet measured from the back of the structure to the rear property line; provided, however, that where such yard abuts an alley, the required rear yard may be measured from the center line of such alley.

(C)

Side yards. There shall be two (2) side yards for each structure in the "R-1" and "R-1-A" dwelling districts, one (1) on each side of such structure. No side yard shall be less than five (5) feet measured from the side property line to the side of the structure and no covered porch, covered terrace, or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projections exceed twenty-four (24) inches.

(D)

Lot area.

(1)

The minimum area of any lot used in the "R-1" dwelling district shall be seven thousand five hundred (7,500) square feet, except that for "R-1" dwelling district areas in which the existing platted lots are smaller than seven thousand five hundred (7,500) square feet.

(2)

The minimum area of any lot used in the "R-1-A" dwelling district shall be six thousand (6,000) square feet, except that for "R-1-A" dwelling district areas in which the existing platted lots are smaller than six thousand (6,000) square feet.

(E)

Lot width.

(1)

The minimum lot width shall be seventy-five (75) feet except for "R-1" dwelling district areas in which the existing platted lots are less than seventy-five (75) feet in width.

(2)

The minimum lot width shall be sixty (60) feet except for "R-1-A" dwelling district areas in which the existing platted lots are less than sixty (60) feet in width.

(F)

Lot coverage. The combined area of the main building and accessory buildings shall not cover more than forty (40) per cent of the total area of any lot in the "R-1" and "R-1-A" dwelling districts.

(G)

Floor area.

(1)

Every single-family dwelling unit hereafter constructed, erected, reconstructed or altered in any "R-1" dwelling district shall have a floor area, excluding basements, open and screened porches, and garages, of not less than one thousand (1,000) square feet.

(2)

Every single-family dwelling unit hereafter constructed, erected, reconstructed or altered in any "R-1-A" dwelling district shall have a floor area, excluding basements, open and screened porches, and garages, of not less than seven hundred fifty (750) square feet.

6-105 Height limit: No building in the "R-1" and "R-1-A" dwelling districts shall exceed the height of thirty-five (35) feet or two and one-half (2½) stories; provided, however, that one-family dwellings in the "R-1" and "R-1-A" dwelling districts may be increased in height by not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided; and provided further that, when permitted, public or semipublic buildings, hospitals, sanitariums or schools may be erected to a height not exceeding seventy-five (75) feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed thirty-five (35) feet.

6-106 Off-street parking: There shall be provided in connection with every use permitted in the "R-1" and "R-1-A" dwelling districts, off-street parking space in accordance with the provisions of section 22-7.

6-200 "R-1-B" Townhouse dwelling districts: Townhouse dwelling districts are a recognized form of housing in the city. Such townhouse dwelling districts shall be synonymous with townhouse subdivisions. Such subdivisions or dwelling districts shall be upon lot sizes and conform to the regulations for townhouse subdivisions set out by this Code. Townhouse dwelling districts which are a part of townhouse subdivisions of this Code are intended to be composed of single-family dwellings constructed in such a manner as to provide for high-density single-family dwellings together with common ownership of recreation areas, private parks, plaza areas and ornamental areas owned in common under a plan of development as a part of a townhouse subdivision. It is anticipated that townhouse dwelling districts which are a part of an approved townhouse subdivision will encourage development of desirable forms of quality housing within the city. The following regulations shall apply to all "R-1-B" townhouse dwelling districts:

6-201 >i>Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the zoning use summary table.

(B)

All uses allowable in the R-1 and R-1-A districts.

(C)

Single-family dwellings.

(D)

Townhouses.

(E)

Accessory buildings (see section 22-17).

(F)

Home occupations (see section 22-18).

(G)

Any use that may not be restricted in a residential zoning district pursuant to applicable state or federal law, including community homes pursuant to V.T.C.A., Human Resources Code, Ch. 123, and, as applicable, religious assembly uses pursuant to the Texas Religious Freedom and Restoration Act.

(Ord. No. 18-21, § I, 11-6-18)

6-202 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in an R-1-B district:

(A)

All uses allowable with a specific use permit in the R-1 and R-1-A districts.

6-203 Prohibited uses: All uses not expressly permitted or authorized in the R-1-B district by this article are prohibited.

6-204 Area requirements:

(A)

Front, rear and side yards shall be required only to the extent required under chapter 18, section 18-14, of this Code of Ordinances.

(B)

Lot area, width, coverage and floor area shall be required only as required under chapter 18, section 18-14, of this Code of Ordinances.

6-205 Height limits: No building in the "R-1-B" townhouse dwelling districts shall exceed the height of thirty-five (35) feet.

6-206 Off-street parking: There shall be provided in connection with every use permitted in the "R-1-B" townhouse dwelling districts, off-street parking space in accordance with the provisions of section 22-7 of this chapter.

6-300 "R-2", two-family dwelling district: Two-family or duplex dwellings are a recognized form of housing in the city. Such developments on average size lots in the city have not created excessive population densities. This district provides a low density dwelling classification appropriate for smaller dwelling units. In some of the two-family districts, it is anticipated that some change to more dense apartment or townhouse residences may, from time to time, be appropriate to encourage the redevelopment of desirable forms of housing in the central area of the city. The following regulations shall apply in all "R-2" two-family dwelling districts:

6-301 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Any use permitted in an "R-1," "R-1-A" and "R-1-B" dwelling district.

(C)

Two-family dwelling.

(D)

Accessory buildings (see section 22-17).

(E)

Home occupations (see section 22-18).

(F)

A one-family garage apartment is permitted when located not less than eighty (80) feet from the front line, nor less than five (5) feet from either side line; provided, however, that all accessory buildings, including the one-family garage apartment, shall not occupy in excess of fifty (50) per cent of the minimum required rear yard in the case of a one-story building or forty (40) per cent in the case of a two-story building.

(G)

Any use that may not be restricted in a residential zoning district pursuant to applicable state or federal law, including community homes pursuant to Texas Human Resources Code, Chapter 123, and, as applicable, religious assembly uses pursuant to the Texas Religious Freedom and Restoration Act.

6-302 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in an R-2 district:

(A)

All uses allowable with a specific use permit in the "R-1," "R-1-A," and "R-1-B" districts.

(B)

Day camp.

(C)

Day care services (limited).

(D)

Hospital.

(E)

Private clubs.

(F)

Recreation club or area, private.

(G)

Utility facilities.

6-303 Prohibited uses: All uses not expressly permitted or authorized in the residential district by this article are prohibited, including, but not limited to:

(A)

A one-family garage apartment in conjunction with another dwelling on the same lot designed for more than two (2) families.

6-202 Area requirements:

(A)

Front yard. There shall be a front yard for every structure in the "R-2" dwelling district having a depth of not less than twenty-five (25) feet from the property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space.

(B)

Rear yard. There shall be a rear yard for every structure in the "R-2" dwelling district which shall have a depth of not less than twenty-five (25) feet measured from the back of the structure to the rear property line; provided, however, that where such rear yard abuts an alley, the required rear yard may be measured from the center line of such alley.

(C)

Side yards. There shall be two (2) side yards for each structure in the "R-2" dwelling district, one (1) on each side of such structure. No side yard shall be less than five (5) feet measured from the side property line to the side of the structure and no covered porch, covered terrace or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc.; but in no case shall any such projection exceed twenty-four (24) inches.

(D)

Lot area. The minimum area of any lot used in the "R-2" dwelling district shall be seven thousand five hundred (7,500) square feet, except that for "R-2" dwelling district areas in which the existing platted lots are smaller than seven thousand five hundred (7,500) square feet, if there are existing dwellings within two hundred (200) feet of such lot and the majority of said dwellings are located on lots of less than seven thousand five hundred (7,500) square feet, then the minimum area of any such lot shall be five thousand (5,000) square feet.

(E)

Lot width. The minimum lot width shall be seventy-five (75) feet.

(F)

Lot coverage. The combined area of the main building and accessory buildings shall not cover more than forty (40) per cent of the total area of any lot in the "R-2" dwelling district.

(G)

Floor area. Every single-family dwelling unit hereafter constructed, erected, reconstructed, or altered in any "R-2" dwelling district shall have a floor area, excluding basements, open and screened porches, and garages of not less than one thousand (1,000) square feet.

6-303 Height limit: No building in the "R-2" dwelling district shall exceed the height of thirty-five (35) feet or two and one-half (2½) stories, however, one-family dwellings may be increased in height not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided.

6-304 Off-street parking: There shall be provided in connection with every use permitted in the "R-2" dwelling district, off-street parking space in accordance with the provisions of section 22-7.

6-400 "R-3", Multiple-family dwelling district: This type district will be composed mainly of areas containing mixtures of single-family, two-family and multiple-family dwellings and certain uniformly developed multiple-family dwelling sections. The districts shown on the zoning district map are medium density districts and will be located at various outlying locations near commercial and industrial centers where they will serve as buffers between heavy traffic generators and single-family dwelling areas. The area regulations are designed to protect the residential character and to prevent the overcrowding of land in the "R-3" districts by providing minimum standards for building spacing, yards, off-street parking and building coverage. It is anticipated that additional high-density or high-rise apartment areas may be designated in the "R-3" district from time to time in the future where such change is appropriate and adequate access and utility services can reasonably accommodate such high density dwellings. The following regulations shall apply in all "R-3" multiple-family dwelling districts:

6-401 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Any use permitted in an "R-1," "R-1-A," "R-1-B" or "R-2" dwelling district.

(C)

Multiple-family dwelling.

(D)

Accessory buildings (see section 22-17).

(E)

Home occupations (see section 22-18).

(F)

Day care services (limited).

(G)

Medical offices.

(H)

Private clubs.

(I)

Private schools.

(J)

Any use that may not be restricted in a residential zoning district pursuant to applicable state or federal law, including community homes pursuant to Texas Human Resources Code, chapter 123, and, as applicable, religious assembly uses pursuant to the Texas Religious Freedom and Restoration Act.

6-402 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in an R-3 district:

(A)

All uses allowable with a specific use permit in the "R-1," "R-1-A," "R-1-B" or "R-2" dwelling district.

(B)

Boarding or lodging house.

(C)

Day care services (commercial).

(D)

Day care services (general).

(E)

Nursing home or residence home for the aged.

(F)

Welfare or health center.

6-403 Prohibited uses: All uses not expressly permitted or authorized in the residential district by this article are prohibited.

6-404 Area requirements:

(A)

Front yard. There shall be a front yard for every structure in the "R-3" dwelling district having a depth of not less than twenty-five (25) feet from the property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space.

(B)

Rear yard. There shall be a rear yard for every structure in the "R-3" dwelling district which shall have a depth of not less than twenty-five (25) feet measured from the back of the structure to the rear property line; provided, however, that where such rear yard abuts an alley the required rear yard may be measured from the center line of such alley.

(C)

Side yards. There shall be two (2) side yards for each structure in the "R-3" dwelling district, one (1) on each side of such structure. No side yard shall be less than five (5) feet measured from the side property line to the side of the structure and no covered porch, covered terrace or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projection exceed twenty-four (24) inches. For the purpose of side yard regulations, two (2) or more detached one- or two-family dwellings shall be considered as one (1) building when occupying one (1) lot; provided, however, there shall be a minimum of ten (10) feet between the sides of the buildings on the same lot. In the case of group houses or court apartments, when buildings rear upon the side yard, the width of the side yard shall be increased by one (1) foot for each building or apartment abutting thereon. If any stairway opens onto or is served by such side yard, minimum width of such side yard shall be ten (10) feet. Where a building is erected or structurally altered for dwelling purposes for buildings more than three (3) stories in height, each of the two (2) side yards shall be increased one (1) foot in width for each additional story above the third. For dwellings more than eight (8) stories or one hundred (100) feet in height, the front, side and rear yards shall be increased an additional foot for each foot such buildings exceed one hundred (100) feet in height.

(D)

Lot area. The minimum area of any lot used for dwelling purposes in a "R-3" dwelling district shall be the same as in "R-1" and "R-2" dwelling districts; provided, however, that in the case of apartment houses or buildings arranged or designed for more than two (2) families, the minimum area shall be seven thousand five hundred (7,500) square feet plus seven hundred (700) square feet for each family in excess of two (2).

(E)

Lot width. The minimum width of any lot used for dwelling purposes shall be the same as in "R-1" and "R-2" dwelling districts.

(F)

Floor area. Single-family dwellings and double-family dwellings shall have the minimum floor space as in "R-1" and "R-2" dwelling districts. Every multiple-family dwelling hereafter erected, constructed, reconstructed, or altered in a "R-3" dwelling district shall have a minimum floor area, excluding common corridors, basements, open and screened porches, and garages, of not less than five hundred sixty (560) square feet for each efficiency or one-bedroom unit; seven hundred fifty (750) square feet for each two-bedroom unit; and nine hundred eighty (980) square feet for each three-bedroom unit.

6-405 Height limit: No building in the "R-3" dwelling district shall exceed the height of thirty-five (35) feet or two and one-half (2½) stories, however, one-family dwellings may be increased in height not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided. In the "R-3" dwelling district, public or semipublic buildings, hotels, hospitals, sanitariums, or schools may be erected to a height not exceeding seventy-five (75) feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed thirty-five (35) feet in height.

6-406 Off-street parking: There shall be provided in connection with every use permitted in the "R-3" dwelling district, off-street parking space in accordance with the provisions of section 22-7.

6-500 "R-4" General dwelling district: This district will consist of single-family dwellings, two-family dwellings, multiple-family dwellings and single-family mobile home dwellings on single lots. This district occurs mostly in previously platted areas which contain a considerable amount of vacant land suitable for general residential usage. It is intended that mobile homes placed in this district shall be owner occupied and shall be considered permanent structures with appropriate foundations, skirting and site development consistent with the general neighborhood. The purpose of this district is to use close-in land that has been passed in previous developments to provide for maximum efficient use of existing utilities and reclaim well located but neglected tracts. The following regulations shall apply in all "R-4" general dwelling districts:

6-501 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Any use permitted in an "R-1," "R-1-A," "R-1-B," "R-2," or R-3 dwelling district.

(C)

Accessory buildings (see section 22-17).

(D)

Home occupations (see section 22-18).

(E)

Day care services (commercial).

(F)

Day care services (general).

(G)

HUD-Code manufactured home (with or without concrete stem wall).

(H)

Any use that may not be restricted in a residential zoning district pursuant to applicable state or federal law, including community homes pursuant to Texas Human Resources Code, chapter 123, and, as applicable, religious assembly uses pursuant to the Texas Religious Freedom and Restoration Act.

6-502 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in an R-4 district:

(A)

All uses allowable with a specific use permit in the "R-1," "R-1-A," "R-1- B," "R-2" or "R-3" dwelling districts.

(B)

Kennel.

(C)

Mobile home subdivision.

(D)

Veterinary services.

(E)

Intermodal shipping containers (residential) that meet the following requirements:

(1)

Footprint: The container shall have a minimum footprint of three hundred-twenty (320) square feet.

(2)

Height: Containers (units) shall not be stacked, unless engineer-approved, and must not exceed twenty-five (25) feet in height.

(3)

Lot coverage: Maximum lot coverage (structures only) [shall be] forty (40) per cent.

(4)

Permanent foundation: Anchoring shall be done in a manner to prohibit lateral shifting and up-rise as approved by the building inspector.

(5)

Inspections: Inspections for all units shall be made on site by the City of Breckenridge inspectors and must meet all current city building and fire codes. Containers must be placed on site with all plumbing, electrical and mechanical components exposed for inspection and be anchored to a permanent foundation as approved by the building official.

(6)

Exterior appearance: The container shall be in good condition and free from severe rust, peeling paint or other forms of deterioration. Units shall have a minimum of two (2) exits as approved by the fire marshal pursuant to the current fire code adopted by the City of Breckenridge.

(7)

Maximum per lot: Maximum of one (1) single-family dwelling that uses intermodal shipping containers as a building material per lot.

(F)

Tiny houses that meet the following requirements:

(1)

Footprint: The tiny house shall have a minimum footprint of three hundred-twenty (320) square feet.

(2)

Lot coverage: Maximum lot coverage (structures only) shall be forty (40) per cent.

(3)

Permanent foundation: Anchoring shall be done in a manner to prohibit lateral shifting and up-rise as approved by the building inspector.

(4)

Inspections: Inspections for all units shall be made on site by the City of Breckenridge inspectors and must meet all current city building and fire codes. Tiny houses must be placed on site with all plumbing, electrical and mechanical components exposed for inspection and be anchored to a permanent foundation as approved by the building official.

(5)

Exterior appearance: The tiny house shall be in good condition and free from severe rust, peeling paint or other forms of deterioration. Tiny houses shall have a minimum of two (2) exits as approved by the fire marshal pursuant to the current fire code adopted by the City of Breckenridge.

(6)

Maximum per lot: Maximum of one (1) tiny house per lot.

(Ord. No. 16-01, § IIB, 1-5-16)

6-503 Prohibited uses: All uses not expressly permitted or authorized in the residential district by this article are prohibited.

6-505 Area requirements, height limits, off-street parking: All of the requirements of the "R-3" dwelling district shall apply.

6-600 "C-1", Neighborhood business district: This district is limited retail category intended for use near neighborhood dwelling areas for purposes of supplying day-to-day retail needs of the residents. The "C-1" district occurs most often at limited corner locations at intersections of major thoroughfares in existing developments and is intended for small service areas in new development plans. Off-street parking requirements are set out for business establishments in this district as are the requirements for lot coverage. The following regulations shall apply in all "C-1", neighborhood business districts:

6-601 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Any uses permitted in the foregoing Residential ("R") dwelling districts.

(C)

Art gallery.

(D)

Automotive rental.

(E)

Banks.

(F)

Food sales.

(G)

Hotel-motel.

(H)

Office.

(I)

Personal services.

(J)

Postal stations.

(K)

Restaurant.

(L)

Retail sales.

(M)

Self-service dry cleaning.

(N)

Studios.

(O)

Transportation terminal.

(P)

Washateria.

6-602 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in a "C-1" district:

(A)

All uses allowable with a specific use permit in the foregoing Residential ("R") dwelling districts, except as specifically prohibited in this section.

(B)

Outside displays of merchandise in connection with any of the permitted uses within the "C-1" district.

6-603 Prohibited uses: All uses not expressly permitted or authorized in the residential district by this article are prohibited, including, but not limited to:

(A)

Community unit development (variable housing).

(B)

Community center.

(C)

Country club, private membership.

(D)

Day camp.

(E)

Intermodal shipping container (residential).

(F)

Tiny house.

(Ord. No. 16-01, § IIC, 1-5-16)

6-604 Area requirements:

(A)

Front yard: There shall be a front yard for every structure in the "C-1", neighborhood business district having a depth of not less than twenty-five (25) feet from the property line to the face of the building. No covered porch, covered terrace or attached accessory building shall project into any front yard space.

(B)

Rear yard: There shall be a rear yard for every structure in the "C-1" business district which shall have a depth of not less than fifteen (15) feet, provided, however, that where such rear yard abuts an alley, the required rear yard may be measured from the center line of such alley.

(C)

Side yards: No side yards are required in the "C-1", neighborhood business district except in instances where a building is erected or structurally altered for dwelling purposes, in which cases there shall be two (2) side yards, one (1) on each side of the building, of not less than five (5) feet for each side. If property in the "C-1" district is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling district purposes, there shall be allowed a minimum space of ten (10) feet in width between buildings; provided, however, that the side yard of the property zoned for "C-1" district shall not be required to exceed five (5) feet.

(D)

Lot area: The minimum area of any lot used for dwelling purposes shall be the same area as would have been permitted for the same dwelling if in an "R-3" dwelling district.

(E)

Lot width: The minimum width of any lot used for dwelling purposes shall be the same width as would have been permitted for the same dwelling if in an "R-3" dwelling district.

6-605 Height limit: No building in the "C-1" neighborhood business district shall exceed the height of thirty-five (35) feet or two and one-half (2½) stories; however, one-family dwellings may be increased in height not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided. In the "C-1" district, public or semi-public buildings, hotels, hospitals, sanitariums or schools may be erected to a height not exceeding seventy-five (75) feet when the front, side or rear yards are each increased an additional foot for each foot such buildings exceed thirty-five (35) feet in height.

6-606 Off-street parking: There shall be provided in connection with every use permitted in the "C-1" neighborhood business district off-street parking space in accordance with the provisions of section 22-7.

6-707 Screening: Protective screening in the "C-1" neighborhood business district shall be provided in accordance with section 22-9.

6-800 "C-2" Community business district: This district permits a much wider variety of commercial uses than are required to service a number of neighborhoods. It is inclusive of the type business enterprises that make up the strip commercial areas that have developed along some of the major thoroughfares and highways in the city. Several types of commercial uses are included in the district that are not normally found under prevailing zoning practices elsewhere because of existing development. Off-street parking regulations are also set out in this district to lessen congestion in the streets. It is anticipated that, from time to time, additional "C-2" community business districts will be applied to the district map where such retail service is required to serve future development. The following regulations shall apply in all "C-2" community business districts:

6-801 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Any uses permitted in the foregoing Residential ("R") dwelling districts or the "C-1" neighborhood business district.

(C)

Addiction rehabilitation facility.

(D)

Amusement, commercial (indoor).

(E)

Amusement, commercial (outdoor).

(F)

Automotive repairs.

(G)

Automotive sales.

(H)

Automotive service station.

(I)

Bicycle repair.

(J)

Business services.

(K)

Car wash.

(L)

Catering and wedding service.

(M)

Consumer repair services.

(N)

Exterminating services.

(O)

Funeral services.

(P)

Greenhouse.

(Q)

Hospital.

(R)

Mini storage facilities.

(S)

Parking garage.

(T)

Restaurant, take-out.

(U)

Software development.

(V)

Theater.

(W)

Veterinary services.

6-802 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in a C-2 district:

(A)

All uses allowable with a specific use permit in the "C-1" neighborhood business district.

(B)

Outside displays of merchandise in connection with any of the permitted uses within the "C-2" district.

(C)

Drop-off recycling.

(D)

Fairgrounds.

(E)

Heliport.

(F)

Indoor entertainment.

(G)

School, business.

(H)

School, commercial trade.

(I)

Welding shops.

6-803 Prohibited uses: All uses not expressly permitted or authorized in the "C-2" community business district by this article are prohibited, including, by way of example but not in limitation, the following:

(A)

Open storage of trucks, trailers or vans.

6-804 Area requirements:

(A)

Front yard. If any building is erected or structurally altered for dwelling purposes in the "C-2" community business district, a front yard of not less than twenty-five (25) feet in depth is required. Otherwise, no front yard is required in the "C-2" business district. Except where building lines have established by ordinance in a block any building on any property (except where used for residential purposes), when fronting upon a major thoroughfare or collector street, shall be set back at least fifty (50) feet from the center line of the street fronting the property, except that in the case of property fronting streets at least one hundred (100) feet in width, the setback shall be at least fifty-five (55) feet (such distance being measured from the center line of the street to the front line of the building, covered porch, covered terrace or attached accessory building.

(B)

Rear yard. There shall be a rear yard for every structure in the "C-2" business district which shall have a depth of not less than fifteen (15) feet; provided, however, that where such rear yard abuts an alley the required rear line may be measured from the center line of such alley.

(C)

Side yards. No side yards are required in the "C-2" business district except in instances where a building is erected or structurally altered for dwelling purposes, in which cases, there shall be two (2) side yards, one (1) on each side of the building, of not less than five (5) feet for each side. If property in the "C-2" business district is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling purposes, there shall be allowed a minimum space of ten (10) feet in width between buildings; provided, however, that the side yard of the property zoned for "C-2" business district shall not be required to exceed five (5) feet.

(D)

Lot area. The minimum area of any lot used for dwelling purposes shall be the same area as would be permitted for the same dwelling if in an "R-3" dwelling district.

(E)

Lot width. The minimum width of any lot used for dwelling purposes shall be sixty (60) feet or such lesser width as would be permitted for the same dwelling if in an "R-3" dwelling district.

6-805 Height limit: No building in the "C-2" business district shall exceed the height of sixty (60) feet, or four (4) stories. In the "C-2" business district, public or semipublic building, hotels, hospitals, sanitariums or schools may be erected to a height not exceeding eighty (80) feet when the front, side or rear yards are each increased an additional foot for each foot such buildings exceed sixty (60) feet in height.

6-806 Off-street parking: There shall be provided in connection with any use permitted in the "C-2" business district off-street parking space in accordance with the provisions of section 22-7.

6-807 Screening: Protective screening in the "C-2" community business district shall be provided in accordance with section 22-9.

6-900 "C-3" General business district: This district permits the wider variety of commercial uses allowed in the "C-2" community business district plus a location for mobile home parks in connection with commercial uses. It is intended to provide in certain locations for a mixture of uses in areas where these mixed uses are considered logical and desirable in relation to the other districts in the general area. The following regulations shall apply in all "C-3" general business districts:

6-901 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Any uses permitted in the foregoing Residential ("R") dwelling districts or the "C-1" and "C-2" business districts.

(C)

Mobile home subdivision.

6-902 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in a C-2 district:

(A)

All uses allowable with a specific use permit in the "C-1" and "C-2" business districts.

6-903 Prohibited uses: All uses not expressly permitted or authorized in the "C-3" general business district by this article are prohibited.

6-904 Area requirements, height limits, off-street parking: All of the requirements of the "C-2" district shall apply except in cases where a mobile home park is installed in the district and then the requirements of the "MH" district shall apply.

6-1000 "I-1" Light industrial district: This district permits no new dwelling development except those existing and the permissive units for caretakers, watchmen and the like. By its nature and name, the district permits those industries and manufacturing plants that are predominantly light in character, have their operations conducted wholly within buildings, are more compatible than heavy manufacturing uses, and do not emit noxious odors, noises, dust, smoke, and vibrations as do heavy manufacturing processes. As in other commercial and industrial districts, off-street parking and loading facilities are required to lessen congestion in the streets. The following regulations shall apply in all "I-1" light industrial districts:

6-1001 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Any uses permitted in the foregoing Residential ("R") dwelling districts and Commercial ("C") districts, except as otherwise specified in this subsection.

(C)

Dwelling quarters in connection with any industrial plant for contractors and watchmen employed on the premises.

(D)

Agricultural sales and service.

(E)

Animal production.

(F)

Bus barn.

(G)

Contractor's storage yard.

(H)

Custom manufacturing.

(I)

Light manufacturing.

(J)

Limited warehousing and distribution.

(K)

Livery stable.

(L)

Stable.

6-1002 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in an "I-1" district:

(A)

All uses allowable with a specific use permit in the foregoing Residential ("R") dwelling districts and Commercial ("C") districts, except as otherwise specified in this subsection.

(B)

Commercial stables.

(C)

Landfill.

(D)

Livestock or auction sheds.

(E)

Mobile home subdivision.

(F)

Outdoor entertainment.

(G)

Stockyards.

6-1003 Prohibited uses: All uses not expressly permitted or authorized in the "I-1" light industrial district by this article are prohibited, including, but not limited to:

(A)

Bed and breakfast

(B)

Boarding or lodging house.

(C)

Cemetery or mausoleum.

(D)

College, university.

(E)

Dwelling, multiple-family.

(F)

Dwelling, single-family.

(G)

Dwelling, two-family.

(H)

Garage apartment.

(I)

Hospital.

(J)

Institution of religious, charitable or philanthropic nature.

(K)

Intermodal shipping container (residential).

(L)

Lodge or fraternal organization.

(M)

Mobile home (with or without wheels).

(N)

Museum.

(O)

Nursing home or residence home for the aged.

(P)

Recreation club or area, private.

(Q)

School, business.

(R)

School, commercial trade.

(S)

Tiny house.

(T)

Townhouse.

(U)

Welfare or health center.

(V)

Any use identified by city ordinance as a nuisance.

(Ord. No. 16-01, § IID, 1-5-16; Ord. No. 18-21, § I, 11-6-18)

6-1004 Area requirements:

(A)

Front yard. No front yard is required in the "I-1" light industrial district, but any building on any property, except where building line ordinances provide otherwise, shall be set back fifty-five (55) feet from the center line of the street fronting the property, such distance being measured from the center line of the street to the front line of the building, covered porch, covered terrace, loading dock or attached accessory building.

(B)

Side yards. If property in the "I-1" light industrial district abuts upon the side of a lot being used for dwelling purposes, there shall be allowed a minimum space of ten (10) feet in width between buildings; provided, however, that the side yard of the property zoned for light industrial use shall not be required to exceed five (5) feet.

6-1005 Height limit: There shall be no height limitations for the buildings in the "I-1" industrial district.

6-1006 Off-street parking: There shall be provided in connection with any use permitted in the "I-1" light industrial district, off-street parking space in accordance with the provisions of section 22-7.

6-1007 Screening: Protective screening in the "I-1" light industrial district shall be provided in accordance with section 22-9.

6-1100 "I-2" Heavy industrial district: This district is much more liberal in permissive uses of industrial and manufacturing nature and functions and provides for the siting of enterprises that tend to emit odors, noises, dust and vibrations and that are least compatible with other uses. As in the "I-1", light industrial district, no new dwelling uses will be permitted other than those that are now present and as needed for caretakers and watchmen. Off-street parking and loading facilities are required to lessen congestion in the streets. The "I-2" districts designated on the district map are located for convenient access to railroad facilities, major thoroughfares and highways that now or will serve the city. The following regulations shall apply in all "I-2" heavy industrial districts:

6-1101 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Any uses permitted in the "I-1" light industrial district, except as otherwise indicated in this subsection.

(C)

Basic industry.

(D)

Cattle shed.

(E)

Commercial stables.

(F)

Cotton ginning.

(G)

General warehousing and distribution.

(H)

Junkyard.

(I)

Livestock auction pens or sheds.

(J)

Livestock loading and shipping yards.

(K)

Lumber mill.

(L)

Packing plant (meat and poultry).

(M)

Railway switch yards.

(N)

Railroad team tracks.

(O)

Railway storage yards.

(P)

Resource extraction.

(Q)

Stockyards.

6-1102 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in an "I-2" district:

(A)

All uses allowable with a specific use permit in the foregoing "I-1" Light Industrial district, except as otherwise specified in this subsection.

6-1103 Prohibited uses: All uses not expressly permitted or authorized in the "I-2" light industrial district by this article are prohibited, including, but not limited to:

(A)

Indoor entertainment.

(B)

Fairgrounds.

(C)

Any use identified by city ordinance as a nuisance.

6-1104 Area requirements:

(A)

Front yard. No front yard is required in the "I-2" heavy industrial district, but any building on any property, except where building line ordinances require otherwise, shall be set back fifty-five (55) feet from the center line of the street fronting the property, such distance being measured from the center line of the street to the front line of the building, covered porch, covered terrace, loading dock or attached accessory building.

(B)

Side yards. If property in the "I-2" heavy industrial district abuts upon the side of a lot used for dwelling purposes, there shall be allowed a minimum space of ten (10) feet in width between buildings; provided, however, that the side yard of the property zoned for heavy industrial use shall not be required to exceed five (5) feet.

6-1105 Off-street parking: There shall be provided in connection with any use permitted in the "I-2" heavy industrial district, off-street parking space in accordance with the provisions of section 22-7.

6-1106 Screening: Protective screening in the "I-2" heavy industrial district shall be provided in accordance with section 22-9.

6-1200 "MH", Mobile home district: Mobile home or house trailer is recognized as a specific form of housing for which accommodations should be provided in proper places. To provide appropriate standards as to density, spacing, and use, a separate district is created and designated for the specific purpose of providing, at appropriate locations, areas for the development of mobile home parks, courts or subdivisions. In certain commercial and industrial districts, a mobile home development may be provided for by amending the zoning district map where such projects are appropriately approved under a specific use permit. The standards for commercial mobile home development for transient occupancy differ from those of a mobile home subdivision where more or less permanent occupancy is anticipated.

6-1201 Types of mobile home development: The mobile home or house trailer is recognized as a specific form of housing for which accommodations should be provided in proper places. To provide appropriate standards as to density, spacing, and use, a separate district is created and designated for the specific purpose of providing, at appropriate locations, areas for the development of mobile home parks, courts or subdivisions. In certain commercial and industrial districts, a mobile home development may be provided for by amending the zoning district map where such projects are appropriately approved under a specific use permit. The standards for commercial mobile home development for transient occupancy differ from those of a mobile home subdivision where more or less permanent occupancy is anticipated. The types of mobile home development are provided for by this chapter as follows:

(A)

A mobile home park or trailer court is a unified development of mobile home sites, plots or transient stands arranged on a large tract of land under a single ownership including multiple units of modular type mobile home units with or without wheels arranged in apartment type housing complexes.

(B)

A mobile home subdivision shown on a land subdivision plat approved by the city zoning commission and filed for record and designed specifically for mobile home development.

6-1202 Application:

(A)

Prior to issuance of any building permit for a mobile home park, or modular mobile home units with or without wheels, arranged in apartment type housing complexes, a site plan shall be submitted to the city zoning commission for approval.

(B)

Prior to the issuance of any building permit in a mobile home subdivision, such subdivision shall be approved by the city zoning commission and shall comply with the normal requirements for platting as prescribed in the subdivision control ordinance and with the provisions of this chapter.

6-1203 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

HUD-Code manufactured home (with or without concrete stem wall).

(C)

Mobile home subdivision.

(D)

Accessory building (see section 22-17).

(E)

Home occupation (see section 22-18).

(F)

Central bath house.

(G)

Central laundry house.

(H)

Community center.

(I)

Dwelling, multiple-family.

(J)

Dwelling, single-family.

(K)

Dwelling, two-family.

(L)

Garage apartment.

(M)

Municipal facility or use.

(N)

Parks and playgrounds.

(O)

Parochial schools.

(P)

Public schools.

(Q)

Railway rights-of-way and tracks.

(R)

Recreational vehicle park.

(S)

Religious assembly.

(T)

Transportation terminal.

(U)

Any use that may not be restricted in a residential zoning district pursuant to applicable state or federal law, including community homes pursuant to Texas Human Resources Code, chapter 123, and, as applicable, religious assembly uses pursuant to the Texas Religious Freedom and Restoration Act.

6-1204 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in an "MH" district:

(A)

Addiction rehabilitation facility.

(B)

Cemetery or mausoleum.

(C)

Day camp.

(D)

Golf course.

(E)

Hospital.

(F)

Recreation club or area, private.

(G)

Telecommunications tower.

(H)

Utility facilities.

6-1205 Prohibited uses: All uses not expressly permitted or authorized in the "MH" light industrial district by this article are prohibited.

6-1206 Mobile home development standards: No mobile home, house trailer, dwelling or other structure permitted in the mobile home district may be erected, altered, placed, moved or converted on any lot or tract unless it is in conformity with all minimum area regulations specified in this section.

6-1207 Lot area:

(A)

Transient stand. In zoning districts where mobile homes are permitted, the minimum lot area required for a house trailer or mobile home shall be two thousand five hundred (2,500) square feet per unit.

(B)

Subdivided lot. In zoning districts where mobile homes are permitted, the minimum lot area for a house trailer or mobile home shall be five thousand (5,000) square feet per unit.

6-1208 Lot width:

(A)

Transient stand. In zoning districts where mobile homes are permitted, the minimum lot width shall be fifty (50) feet per unit.

(B)

Subdivided lot. In zoning districts where mobile homes are permitted, the minimum lot width shall be fifty (50) feet per unit.

6-1209 Lot depth:

(A)

Transient stand. In zoning districts where mobile homes are permitted, the minimum lot depth shall be eighty (80) feet per unit.

6-1210 Front yard: In the "C-1", "I-1" and "I-2" districts no mobile home or house trailer shall be placed, located or erected nearer than thirty (30) feet of any dedicated street or highway right-of-way nor shall any such mobile home or house trailer unit be located nearer than twenty (20) feet to any private drive used for access, circulation or service to the plot, lot, tract, or stand upon which a mobile home or house trailer is located.

6-1211 Side yard: The minimum side yard for a mobile home or trailer shall be ten (10) feet. In the "C-1", "I-1" and "I-2", a mobile home or house trailer within a mobile home or house trailer park, court or subdivision shall not be located nearer than ten (10) feet to the side line of any lot, plot, tract or stand, and the minimum space between adjacent mobile homes or house trailers shall be twenty (20) feet.

6-1212 Rear yard: The minimum rear yard for a mobile home or house trailer shall be ten (10) feet.

6-1213 Coverage of lot or stand: The maximum lot, site, or stand coverage of a mobile home or house trailer main or accessory use shall be twenty (20) per cent. The maximum coverage for nonresidential uses shall be twenty-five (25) per cent.

6-1214 Height limit: The maximum height of any building or structure within a mobile home or house trailer park or subdivision shall be two (2) stories.

6-1215 Off-street parking: In every mobile home or house trailer park, court, or subdivision there shall be provided for each mobile home or house trailer unit off-street lot parking spaces in accordance with section 22-7.

6-1216 Screening: In every mobile home or house trailer park, court or subdivision there shall be provided screening facilities in accordance with section 22-9.

6-1217 General development standards:

(A)

Location of units: Regardless of the standards required as to lot area, lot width, lot depth, front yard, side yard, rear yard, coverage, off-street parking and screening, no mobile home, house trailer, or mobile home lot, tract, plot or stand shall be placed, located or erected nearer than fifty (50) feet to any mobile home district boundary line.

(B)

Location of accessory buildings: No carport, garage, storage building, office or caretaker's dwelling, laundry house, bath house or permitted structure may be located nearer than fifty (50) feet to any boundary line of an "MH" district, nor shall any such structure be located nearer than ten (10) feet to any boundary line of a plot, lot, tract or stand, except that such structure may be located within three (3) feet of the side or rear lot, plot, tract or stand when such structures are located within the rear twenty-five (25) per cent of the trailer lot, plot, or tract.

(C)

Special development standards: Each mobile home or trailer park, court or subdivision shall meet the standards specified in this section.

(D)

Services: Provide sanitation, fire protection and utility service to each lot, tract, plot or stand in accordance with the city health department or engineering department or any ordinance or code of the city regulating sanitation, fire protection and utility service to mobile home or house trailer developments.

(E)

Ingress and egress: Provide ingress and egress to the property in accordance with the requirements of the city public works department or traffic control department.

(F)

Open space: Provide open playground space within the park or court at a ratio of five hundred (500) square feet for each of the first twenty (20) units provided and at a ratio of two hundred fifty (250) square feet for all additional unit spaces provided.

(G)

Street and drives: Provide street and drive surfacing, drainage and garbage collection rights-of-way, fire lanes and utility easements as required by the city standards of construction.

(H)

Fencing: Provide and maintain fence of steel chain link type, with slat insertions or opaque redwood fence, or equivalent or better, not less than six (6) feet in height completely around the rear and all sides of the mobile home or house trailer park, court or subdivision not exposed to a dedicated street or highway.

6-1300 "AG" Agricultural district: The Agricultural District, "AG," is established to provide a location for primarily undeveloped or vacant land situated on the fringe of an urban area and used primarily for agricultural purposes, but which may become an urban area in the future. The types of uses, and intensity of uses permitted in this district encourage and protect agricultural uses until urbanization may be warranted and the appropriate change in district classification is made. The AG District is also intended to protect areas that may be unsuitable for development because of physical problems, lack of infrastructure, space constraints, or potential health or safety hazards such as flooding, as well as providing for preservation of natural open space areas. The following regulations shall apply to all "AG" agricultural districts:

6-1301 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Animal production.

(C)

Automotive service station.

(D)

Cattle shed.

(E)

Commercial stables.

(F)

Cotton ginning.

(G)

Crop production.

(H)

Dwelling, single-family.

(I)

Dwelling, two-family.

(J)

Garage apartment.

(K)

Greenhouse.

(L)

Livery stable.

(M)

Livestock auction pens or sheds.

(N)

Livestock loading or shipping yards.

(O)

Local utility services.

(P)

HUD-Code manufactured home (with or without concrete stem wall).

(Q)

Municipal facility or use.

(R)

Orchards.

(S)

Parks and playgrounds.

(T)

Parochial schools.

(U)

Plant nurseries.

(V)

Public schools.

(W)

Railway rights-of-way and tracks.

(X)

Religious assembly.

(Y)

Stable.

(Z)

Stockyards.

(AA)

Support housing (agricultural).

(BB)

Transportation terminal.

(CC)

Truck gardens.

6-1302 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in an "AG" district:

(A)

Bed and breakfast.

(B)

Boarding or lodging house.

(C)

Landfill.

(D)

Addiction rehabilitation facility.

(E)

Recreation club or area, private.

(F)

Telecommunications tower.

(G)

Utility facilities.

6-1303 Prohibited uses: All uses not expressly permitted or authorized in the "AG" district by this article are prohibited.

6-1304 Area requirements:

(A)

Front yard. There shall be a front yard for every structure in the "AG" agricultural district having a depth of not less than fifty (50) feet from the front property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space.

(B)

Rear yard. There shall be a rear yard for every structure in the ""AG" agricultural district which shall have a depth of not less than forty (40) feet measured from the back of the structure to the rear property line.

(C)

Side yards. There shall be two (2) side yards for each structure in the "R-1" and "R-1-A" dwelling districts, one (1) on each side of such structure. No side yard shall be less than fifteen (15) per cent of the entire lot width, but need not exceed fifty (50) feet, and no covered porch, covered terrace, or attached accessory building shall project into any required side yard space. On a corner lot, the minimum side yard width from a street right-of-way line shall be twenty-five (25) feet.

(D)

Lot area. The minimum area of any lot used in the ""AG" agricultural district shall be three (3) acres.

(E)

Lot width. The minimum lot width shall be two hundred fifty (250) feet, and the minimum lot depth shall be two hundred (200) feet.

(F)

Lot coverage. The combined area of the main building and accessory buildings shall not cover more than fifteen (15) per cent of the total area of any lot in the "AG" agricultural district.

(G)

Floor area. Every single-family dwelling unit hereafter constructed, erected, reconstructed or altered in any "AG" agricultural district shall have a floor area, excluding basements, open and screened porches, and garages, of not less than one thousand (1,000) square feet.

6-1305 Height limit:

(A)

Dwelling, single-family. No building in the "AG" agricultural district shall exceed the height of two and one-half (2½) stories, or thirty-five (35) feet for the main building/house.

(B)

Agricultural structures. No building in the "AG" agricultural district shall exceed the height of forty-five feet (45) feet for uninhabited agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than one hundred (100) feet from any residential structure on the premises, and they are set back at least one hundred (100) feet or three (3) times their height (whichever is greater) from any front, side or rear property line.

(C)

Accessory buildings. No building in the "AG" agricultural district shall exceed the height of fifteen (15) feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.

6-1400 "PD" Planned development district: The "PD" Planned Development district is a district that accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, retail, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses that may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD district may be used to permit new or innovative concepts in land utilizations not permitted by other zoning districts in this chapter. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.

6-1401 Permitted uses: An application for a PD district shall specify the base district (i.e. residential, retail, commercial) and the use or the combination of uses proposed. Uses that may be permitted in a PD are specified in the provisions of the zoning ordinance relating to each base district and must be specified if not permitted in the base district. In the case of residential PD district for single-family or duplex categories, the proposed lot area shall be no smaller than the lot sizes allowed in the base zoning district except for minor changes in a small per centage of the lots in order to provide improved design. In selecting a base zoning district, the uses allowed in the base district must be similar to or compatible with those allowed in the PD. PD designations shall not be attached to conditional use permit requirements. Conditional use permits allowed in a base zoning district are allowed in a PD only if specifically identified at the time of PD approval.

6-1402 Planned development requirements: Development requirements for each separate PD district shall be set forth in the amending ordinance granting the PD district and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the city commission and planning and zoning commission may deem appropriate.

(A)

In the PD district, uses shall conform to the standards and regulations of the Base Zoning District to which it is most similar. The base zoning district shall be stated in the granting ordinance.

(B)

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of modifications in each district or districts and a general statement citing the reason for the PD request.

(C)

The minimum acreage for a planned development district request shall be five (5) acres.

(D)

In establishing a planned development district, the city commission shall approve and file as part of the amending ordinance appropriate plans and standards for each Planned Development District. To facilitate understanding of the request during the review and public hearing process, the planning and zoning commission and city commission shall require a conceptual plan of the proposed project. A detailed site plan may be submitted in lieu of the conceptual plan.

6-1403 Conceptual and detailed site plan: This plan shall be submitted by the applicant at the time of the PD request. The plan shall show the intent for the use of the land within the proposed Planned Development district in a graphic manner and as may be required, supported by written documentation of proposals and standards for development. The city may prepare application form(s) that further describe and explain the following requirements:

(A)

Residential concept plan: A conceptual plan for residential land use shall show general use, thoroughfares and preliminary lot arrangements. For residential development (such as multifamily) which does not propose individual platted lots, the conceptual plan shall set forth the size, type and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, project scheduling, and other pertinent development data.

(B)

Nonresidential concept plan: A conceptual plan for uses other than residential uses shall forth the land use proposals in a manner to adequately detail the type and nature of the proposed development. Data that may be submitted by the applicant, or required by the planning and zoning commission or city commission, may include but is not limited to the types of use(s), topography and boundary of the PD area, physical features of the site, existing streets, alleys and easements, location of future public facilities, building height and location, parking ratios, project scheduling and other information to adequately describe the proposed development and to provide data for approval, which is to be used in drafting the final detailed site plan.

(C)

Detailed site plan: This plan shall set forth the final plans for development of the Planned Development district and shall conform to the data presented and approved on the conceptual plan. Approval of the detailed site plan shall be the basis for issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the building inspector for a building permit.

(1)

For any residential district, a preliminary plat may qualify as the detailed site plan. The detailed site plan may be submitted for the total area of the PD or for any sections or part as approved on the conceptual plan.

(2)

The detailed site plan shall include:

(a)

A site inventory analysis including a scale drawing showing major existing vegetation, natural watercourses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This shall include delineation of any flood prone areas.

(b)

A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts/drive approaches and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval or not more than five (5) feet.

(c)

A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between building and property lines, street-lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking.

(d)

A landscape plan showing turf areas, screening walls, ornamental planting, wooded areas and trees to be planted.

(e)

Architectural drawings (elevations, etc.) showing elevations and signage style to be used throughout the development in all districts (except single-family and two-family) may be required by the planning and zoning commission or the city commission if deemed appropriate.

(f)

All detailed site plans may have supplemental data describing standards, regulations or other data pertinent to the development of the Planned Development district as appropriate to adequately explain or understand the request and is to be included in the text of the amendment to the zoning ordinance incorporating the PD.

6-1404 Approval process and procedure: The process for establishing a Planned Development district shall be as follows:

(A)

The planning and zoning commission or the city commission may approve the conceptual plan or detailed site plan or any section of the plan, separately or jointly, in public hearings. One (1) public hearing at the planning and zoning commission and one (1) at the city commission for the PD request is adequate when:

(1)

The applicant submits adequate data with the request for the Planning Development district to fulfill the requirement for a detailed site plan; or

(2)

Information on the conceptual plan and attached application is sufficient to determine the appropriate use of the land and the development plan will not deviate from it.

(B)

The conceptual plan must be approved by the planning and zoning commission and city commission prior to approval of the detailed site plan.

(C)

Conceptual and/or detailed site plan approval.

(1)

The detailed site plan may be approved in sections. When a detailed site plan is approved in sections, then separate approvals by the planning and zoning commission and city commission for the initial and subsequent sections will be required.

(2)

A detailed site plan shall be submitted for approval within one (1) year from the approval of the conceptual plan for some portion of the concept plan. If a partial site plan is not submitted within one (1) year, the concept plan is subject to review by the planning and zoning commission and city commission. If some portion of the entire project is not started within two (2) years, the planning and zoning commission and city commission may review the original concept plan to ensure its continued validity. If the city determines the concept is not valid, a new concept plan must be approved prior issuing a building permit for any portion of the PD district.

(3)

Although a public hearing may not be required for the detailed site plan, approval by the planning and zoning commission and city commission is still required.

(D)

When a PD district is being considered, a written report from the city manager discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic, and written comments from the applicable public agendas (such as the school district and utility companies) may be submitted to the planning and zoning commission prior to the commission making any recommendations to the city commission.

6-1405 Zoning district map: All Planned Development districts approved in accordance with the provisions of this chapter in its original form, or by subsequent amendments thereto, shall be referenced on the zoning district map, and a list of such Planned Development districts, together with the category of uses permitted therein, shall be maintained as part of this chapter.

6-1406 Zoning Use Summary Table.

(Ord. No. 18-21, § I, 11-6-18)

6-1500 "TDZ," Trade days business district: The intent of this district is to provide for areas that are designed for commercial flea market needs that appeal to a wider regional interest than those found in a traditional business district. The provisions of this district are intended to encourage the selling or trading of all types and kinds of legal merchandise to the general public; to encourage such facilities to locate on land that is physically capable of supporting this type and kind of commercial activity; to minimize traffic congestion on public streets by requiring such commercial activity to abut streets functionally classified as arterial where public facilities and services exist; and to minimize any adverse public health effects by specifically designating a location where live animals shall only be sold or traded. The following regulations shall apply to all "TDZ" districts:

6-1501 Uses permitted: No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one (1) or more of the following uses:

(A)

All permitted uses as listed on the Zoning Use Summary Table.

(B)

Retail and commercial vendors, including, but not limited to, antique, painting, sculpture, clothing, craftwork and others of similar nature, excluding animal vendors.

(C)

Food vendors.

(D)

Parking facilities (see section 22-7).

(E)

Municipal facility or use.

(F)

Parks and playgrounds.

6-1502 Uses permitted with a specific use permit: Subject to approval by the city commission, the following specific uses may be permitted in a TDZ district:

(A)

Food trucks.

(B)

Temporary RV park.

6-1503 Prohibited uses: All uses not expressly permitted or authorized in the TDZ district by this article are prohibited.

6-1504 Area requirements: All vendor spaces and/or structures in the TDZ district shall satisfy the following requirements:

(A)

Minimum market area: Twenty-five (25) acres.

(B)

Minimum vendor and/or structure setbacks:

(1)

Front: Twenty-five (25) feet.

(2)

Side, street: Twenty-five (25) feet.

(3)

Side, interior: Fifteen (15) feet.

(4)

Rear: Twenty-five (25) feet.

(C)

Maximum building height for structures: Thirty-five (35) feet.

(D)

Maximum lot coverage: No limitations.

6-1505 Additional requirements:

(A)

Site plan approval required.

(B)

Flood hazard areas: No-rise certificate from engineer. Build minimum of one (1) foot above base flood elevation. (See sections 5-70 through 5-89.)

(C)

Off-street parking: Hard surface not required. (See section 22-7.)

(D)

Permanent restroom facilities for the public shall be constructed at the following ratios:

(1)

Six (6) female units per vendor acre; and

(2)

Three (3) male units per vendor acre.

(Ord. No. 13-12, § I(Exh. A), 8-5-13; Ord. No. 14-03, §§ II.B—D, Exh., 1-6-14; Ord. No. 14-25, § II.A, 11-20-14)