- DISTRICT USE REGULATIONS
1-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "RE-1" Ranch and Estate District.
1-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Farms, and all other agricultural pursuits, including ranching, truck gardening, raising of field crops, nurseries, greenhouses, etc., when located on a tract of land containing not less than five acres.
B.
One-family dwelling.
C.
Publicly owned or operated park, playground or community building, museum, library or art gallery.
D.
Church or other place of worship or Sunday School.
E.
Public or denominational elementary and high school, or a private school having a curriculum the same as ordinarily given in a public school.
F.
Country club or golf course, except a golf course or miniature course or practice driving tee operated for commercial purposes.
G.
Accessory building or uses including private garage, servants or farm labor quarters, provided that there shall be only one principal residential building for each one-half acre of land used for dwelling purposes. Any accessory structure or enclosure for the shelter of livestock and poultry shall be located not less than 200 feet from any street or lot line.
H.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
1-3.
Height and area regulations. Height and area regulations set forth in article IV [of this ordinance] shall be observed.
1-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
(Ord. No. 1981-7, 7-24-1981)
2-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "SF-1" Single-Family Residence Districts.
2-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
One-family dwelling.
B.
Farms, and all other agricultural pursuits, provided that any structure or enclosure for the shelter of livestock and poultry shall not be less than 400 feet from any street or lot line, and that no retail or wholesale business sales office is maintained on the premises.
C.
Publicly owned or operated park, playground or community building, museum, library or art gallery.
D.
Church or other place of worship or Sunday School.
E.
Public or denominational elementary and high school, or a private school having a curriculum the same as ordinarily given in a public school, or junior college or university.
F.
Country club or golf course, except a golf course or miniature course or practice driving tee operated for commercial purposes.
G.
Repealed.
H.
Accessory building or use, including a private garage customarily incident to the above uses, but not involving the conduct of a business.
I.
A church or public bulletin board or temporary sign appertaining to the lease, hire or sale of a building or premises, which sign or bulletin board shall not exceed ten square feet in area.
J.
Mobile homes are prohibited in the city as of January 1, 1998, unless previously legally permitted and used as a residential dwelling within the city.
K.
A "HUD-code manufactured home," as defined by the State of Texas, only if the following requirements are satisfied:
1.
The requirement and standards for installation as adopted by the State of Texas are met by the owner.
2.
The wheels are removed, and the home is completely enclosed by underskirting using similar material with a uniform appearance with the home. In the event these requirements are not met within 90 days from the connection date of the City of Carthage utilities, then the utilities shall be disconnected until the requirements are met.
3.
The height and area regulations set forth in article IV [of this ordinance] shall be enforced in the same manner as other construction.
4.
This section does not supersede nor override any deed restrictions prohibiting such use, and nothing herein shall be interpreted to impose the duty upon the city to investigate or enforce deed restrictions.
2-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed.
2-4.
Parking regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1976-18, § 1, 1-24-1977; Ord. No. 1987-8, 4-16-1987; Ord. No. 1997-15, 10-13-1997; Ord. No. 1998-16, § 2, 9-14-1998; Ord. No. 2008-07, § 2, 5-19-2008; Ord. No. 2013-13, 10-14-2013)
3-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section, are the regulations in the "SF-2" Single-Family Residence District.
3-2.
Use regulations. A building or premises shall be used only for the following purposes: Any use permitted in the "SF-1" Single-Family Residence District.
3-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed.
3-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
4-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "TF-3" Two-Family Residence District.
4-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "SF-2" Single-Family Residence District.
B.
Two-family dwelling.
4-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed.
4-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
5-1.
[Intent.] The regulations set forth in this section [which] are set forth elsewhere in this ordinance when referred to in this section are the regulations in the "MF-4" Multi-Family District.
5-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "TF-3" Two-Family Residence District.
B.
Multiple Dwelling.
C.
Institution of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.
D.
Hospital or sanitarium, except a criminal, mental or animal hospital.
E.
Nursing or convalescent home.
F.
Private club, fraternity, sorority or lodge, excepting one the chief activity of which is a service customarily carried on as a business.
G.
Accessory building or use customarily incidental to any of the above uses, including a storage garage on a lot occupied by a multiple dwelling, hospital or institution.
5-3.
Height and area regulations. The height and area requirement set forth in article IV [of this ordinance] shall be observed.
5-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
6-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the [regulations in the] "LB-1" Local Business District.
6-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "MF-4" Multi-Family Residence District.
B.
Advertising signs except that any sign or billboard not used in connection with a business establishment on the same premises shall not be located within 100 feet of any residence district.
C.
Automobile parking lot.
D.
Bank.
E.
Bakery, but only when the products are sold at retail on the premises.
F.
Display room for merchandise to be sold at wholesale where merchandise sold is stored elsewhere.
G.
Clinic.
H.
Dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, dry cleaning and pressing and bakery with the sale of bakery products on the premises and other uses of a similar character.
I.
Filling station.
J.
Offices and office buildings.
K.
Personal services, including barbershops, banks, beauty parlors, photographic or artist studios, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants, and other personal service uses of a similar nature.
L.
Private school.
M.
Retail store. In connection with such store, there shall be no slaughtering of animals or poultry on the premises.
N.
Laundromat.
O.
Undertaking business or establishment.
P.
Florist shop or greenhouse.
Q.
Accessory buildings and uses.
R.
When located not less than 100 feet from any residence district:
Bowling alley.
Drive-in restaurant.
Other similar place of entertainment or amusement.
S.
Dancing or music academy.
T.
Frozen food locker.
U.
Hotel.
V.
Motel.
W.
Parking or public garage.
X.
Theaters.
Y.
Used car sales or storage lot when located at least 100 feet from any residence district.
Z.
Any other local business use supplying the everyday shopping needs of immediate neighborhood and subject to the following conditions:
(1)
That it be conducted wholly within an enclosed building.
(2)
That required yards be not used for display, sale or storage of merchandise, or for the storage of vehicles, equipment, containers or waste material.
(3)
That all merchandise be first-hand and be sold at retail on the premises.
(4)
That such use be not objectionable because of odor, excessive light, smoke, dust, noise, vibration, presence of vermin or rodents, or similar nuisance. Questionable uses shall be ruled on by the zoning board of adjustment.
AA.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
BB.
Day care.
CC.
Tire shop.
6-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed, and in addition every building or portion thereof used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the "MF-4" Multi-Family Residence District.
6-4.
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
6-5.
Unknown zoning district use regulation. The city building official shall make the final decision when a request for zoning district use regulation is unclassified.
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1981-7, 7-24-1981; Ord. No. 2012-02, 3-26-2012; Ord. No. 2021-10, 10-25-2021)
7-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "GB-2" General Business District.
7-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "LB-1" Local Business District.
B.
Auto repair garage and seat covers.
C.
Bakeries.
D.
Printing or engraving plants.
E.
Candy manufacturing.
F.
Carpenter shop.
G.
Cleaning and dyeing plants.
H.
Engraving.
I.
Wholesale establishments.
J.
Jewelry manufacturing.
K.
Lumber and building materials yards.
L.
Creamery, ice cream manufacturing and dairy operations.
M.
Warehouses.
N.
Ice plants.
O.
Vehicle storage facility.
P.
Public utilities substations.
Q.
Automobile or trailer display and sales rooms.
R.
Business or commercial school.
S.
Farm implement display and sales room.
T.
Milk distributing station.
U.
Radio or television broadcasting station or studio.
V.
Veterinarian or animal hospital or riding academy provided that no such building, kennel or exercise runway shall be closer than 100 feet to any residence district.
W.
When not employing more than ten persons on the premises:
Painting, plumbing or tinsmithing shop.
Dyeing and cleaning establishment or laundry.
Upholstering shop, not involving furniture manufacturing.
Any other general service or repair establishment of similar character.
X.
Any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries and light industries that manufacture, process, store and distribute goods and materials and are in general dependent on raw materials refined elsewhere. (Questionable uses shall be ruled upon by the zoning board of adjustment.)
Y.
Mobile home residence or mobile home park, provided the requirements of article III, section 11-2C [of this ordinance] are complied with; and provided further, the property owner shall present with his application for [a] building permit with the city building inspector the notarized statement of all the owners of adjoining properties that they have no objection to such use.
Z.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
AA.
Recreational Vehicle Park (RV Park). Any zoning for an RV Park shall conform with the City of Carthage Planning and Zoning Commission Guidelines for RV Parks.
BB.
Vehicle storage facility.
7-3.
Height and area regulations.
A.
The height and area regulations set forth in article IV [of this ordinance] shall be observed and in addition every building or portion thereof used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the "MF-4" Multi-Family Residence district.
B.
Lot area per-family requirements shall not apply to dormitories, fraternities, sororities, clubs, hotels or apartment hotels where no cooking facilities are provided in individual rooms or apartments.
7-4.
Parking and loading regulations. Off-street loading spaces shall be provided in accordance with the requirements of article V [of this ordinance].
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1981-7, 7-24-1981; Ord. No. 2008-15, 8-11-2008; Ord. No. 2011-02, 2-14-2011; Ord. No. 2021-10, 10-25-2021)
8-1.
[Intent.] The regulations set forth in [this] section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "RI-1" Restricted Industrial District.
8-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "GB-2" General Business District except, whenever 40 percent or more of a block or tract of land in the "RI-1" District is vacant or occupied by structures that are of nonresidential use, then no new residential units may be permitted within that block or tract.
B.
Apparel and other products assembled from finished textiles.
C.
Bottling works.
D.
Carting, express, hauling or storage yard.
E.
Cosmetic manufacture.
F.
Contractor's yard.
G.
Coal, coke or wood yard.
H.
Drugs and pharmaceutical products manufacturing.
I.
Electronic products assembly.
J.
Fur goods manufacture, but not including tanning or dyeing.
K.
Glass products, from previously manufactured glass.
L.
Household appliance products assembly and manufacture from prefabricated parts.
M.
Musical instruments assembly and manufacture.
N.
Plastic products manufacture, but not including the processing of raw materials.
O.
Petroleum storage, but only after the location and treatment of the premises have been approved by the fire marshal.
P.
Drive-in theaters.
Q.
Sporting and athletic equipment manufacture.
R.
Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than ten percent of the lot or tract is used for the open storage of products, materials or equipment.
S.
Testing and research laboratories.
T.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
8-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed and in addition any building that may be used for dwelling purposes shall comply with the side and rear yard and lot area per family regulations of the "MF-4" Multi-Family Residence District.
8-4.
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
(Ord. No. 1981-7, 7-24-1981)
9-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "HI-2" Heavy Industrial District.
9-2.
Use regulations. Any building or premises may be used for any purpose not in conflict with any ordinance of the City of Carthage regulating nuisances; provided, however, that no building shall be erected, reconstructed, or structurally altered for residential purposes, except for resident watchmen and caretakers employed on the premises; and provided further, that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the city commission after report by the city manager and the fire marshal.
A.
Acid manufacture.
B.
Cement, lime, gypsum or plaster of paris manufacture.
C.
Distillation of bones and glue manufacture.
D.
Explosives manufacture or storage.
E.
Fat rendering and fertilizer manufacture.
F.
Garbage, offal, or dead animals, reduction or dumping [of].
G.
Petroleum, or its products, refining of.
H.
Smelting of tin, copper, zinc, or iron ores, and other metals.
I.
Stockyards or slaughter of animals.
J.
Auto wrecking yards and junkyards, but only when the premises upon which such activities are conducted are wholly enclosed within a building or by a wooden fence not less than eight feet in height and in which the openings or cracks or [are] less than 15 percent of the total area.
K.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
9-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed.
9-4.
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirement for specific uses set forth in article V [of this ordinance].
(Ord. No. 1981-1, 7-24-1981)
10-1.
[Authority of city commission.] The city commission by an affirmative two-thirds vote may by ordinance permit the following uses in any district as herein qualified, and may impose appropriate conditions and safeguards, including a specified period of time for the permit:
A.
Airport, landing field, or landing strip for aircraft only by special ordinance in any district.
B.
Amusement park in any business or industrial district, but not within 300 feet of any residence district.
C.
Circus or carnival grounds in any business or industrial district, but not within 300 feet of any residence district.
D.
Commercial, recreational or amusement development for temporary or seasonal periods, in any business or industrial district, but not within 500 feet of any residential district.
E.
Hospital, clinic or institution, provided that any hospital or institution permitted in any residential district shall be located on a site of not less than five acres, shall not occupy more than ten percent of the total lot area and shall be set back from all yard lines at least 80 feet.
F.
Office building of a civic, religious or charitable organization, conducting activities primarily by mail and not handling merchandise or rendering services on the premises, within the "MF-4" Multi-Family Residence District.
G.
Privately operated community building or recreation field in any district.
H.
A home occupation incidental to a permitted residential use.
I.
Radio or television broadcasting tower or station in any district.
J.
Drive-in theater in the "GB-2" General Business District.
10-2.
Temporary buildings. Temporary buildings used in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
10-3.
Railroads and utilities. Existing railroads and utilities including telephone service may continue to be operated and maintained in dwelling and commercial districts, but no new railroad or utility structure other than the usual poles, wires and underground utilities shall be established in such districts except when so authorized by article 1011j of Vernon's Civil Statutes of the State of Texas and by the board of adjustment.
10-4.
Community unit plan. When the city planning and zoning commission is petitioned by an agency of the city, county, state or federal government or by the owners or owner of a tract of land comprising an area of not less than ten acres, and said agency or owner applies for a change in zoning from a Single-Family Residential classification to a more intense use, and whereby the provisions for off-street parking facilities, screening walls, fences or planting and open space would create a protective transition between [a] lesser and a more restricted district, the city planning and zoning commission shall hear and consider such application in the same manner it would a zoning petition and:
A.
Recommend against the change in zoning.
B.
Recommend a change in zoning.
C.
Recommend that a community unit plan for such area be reviewed and, after public hearing as prescribed in article X [of this ordinance], grant a change in zoning subject to the conformance with an approved site plan, said site plan to indicate the provisions for the paving of streets, alleys and sidewalks, means of ingress and egress to the public street, provisions for drainage, parking space and street layout and protective screening and open space.
10-5.
[Change in zoning.] Any change in zoning granted under the provisions of [section] 10-4 shall be considered an amendment to the zoning ordinance as applicable to such property. In granting such permit the city commission may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued for the use of the building or such property pursuant to said special permit, and such condition shall not be construed as conditions precedent to the granting of the community unit plan or the change in zoning of said property, but shall be considered a precedent to the granting of a certificate of occupancy.
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1976-18, § 1, 1-24-1977)
11-1.
[Intent.] Regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section, are the regulations in the "SF-3" Manufactured Home Residence District.
11-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "TF-3" Two-Family Residence District.
B.
Manufactured home when used as a residence.
C.
Manufactured home park which shall comply with the following requirements:
(1)
All appropriate state and county sanitation regulations shall be strictly observed.
(2)
No manufactured home shall be parked closer than 20 feet to the street or highway or any property line; and a clearance of not less than 15 feet shall be maintained between manufactured homes on both sides and in the rear. This clearance is for the purpose of fire protection and shall not be subject to any change, appeal or variance from the board of adjustment.
(3)
Manufactured home spaces shall abut upon a hard surfaced driveway or access way of not less than 25 feet in width, which shall be other than a public street.
(4)
Off-street parking space for at least one automobile for each manufactured home space.
(5)
Water, sewer, electric, gas and telephone connections available at each manufactured home space shall be accessible.
(6)
When operated for use by the occupants of the park, service building areas shall be permitted for laundry facilities, bathing and sanitation, [and] recreation and playground equipment, provided state and local health regulations shall be complied with, and shall be located at least 20 feet from the side and rear lot lines, and shall be accessible to all manufactured homes by means of the access drives or hard-surfaced walkways.
(7)
No more than seven manufactured home spaces shall be per acre. No more than three manufactured home spaces shall be situated on a lot less than one acre but more than a one-half acre. No more than two manufactured home spaces shall be situated on a lot less one-half acre.
D.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
11-3.
Height and area regulations.
A.
Repealed.
B.
Repealed.
C.
The height and lot area regulations set forth in article IV [of this ordinance] shall be observed; except, for manufactured homes or travel trailers or recreational trailers or vehicles measuring eight feet by 39 feet or less (without tongue), the setback requirements do not apply, but a clearance of not less than five feet shall be maintained between said manufactured homes, travel trailers and recreational trailers or vehicles of such length, on both sides and in the rear.
11-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1976-18, § 1, 1-24-1977; Ord. No. 1978-2, 4-10-1978; Ord. No. 1979-8, 6-25-1979; Ord. No. 1981-7, 7-24-1981; Ord. No. 1982-10, 8-23-1982; Ord. No. 2003-02, 2-24-2003)
12-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "TH-1" Town House District.
12-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "SF-1" Single-Family Residence District.
B.
Town house dwelling use as hereinafter limited, notwithstanding any other provision contained in the City of Carthage Zoning Ordinance as amended, provided:
1.
Each town house is located on an individual lot.
2.
The following unit and area requirements are complied with:
a.
That there be at least three connected units in each town house project;
b.
That the town house project site contains no less than 3,500 square feet of area per unit, including common area, if any;
c.
That not less than 80 percent of the town house lots in a project be at least 20 feet in width, provided that the remaining lots in a project be at least 16 feet in width;
d.
That each lot 20 feet or more in width shall contain not less than 1,800 square feet, and each lot less than 20 feet in width shall contain not less than 1,440 square feet;
e.
That each town house group shall have not less than four adjoining town house units, provided that the planning and zoning commission may approve up to 20 percent of said units in two- and three-unit groups when the project contains 12 or more units.
3.
The following height, coverage and setback requirements are met:
a.
That no building or accessory structure shall exceed 35 feet in height;
b.
That coverage of a project shall not exceed 45 percent of the total site area; no structure constituting "coverage" under this provision include, but [shall] not [be] limited to, buildings and required parking spaces;
c.
That coverage of the common area or areas, if any, shall not exceed 30 percent of said common area or areas; those structures constituting coverage in this provision include, but [shall not [be] limited to, all buildings, structures and required parking, but shall not include driveways or walkways;
d.
Each lot shall contain a private yard with no less than 400 square feet of area; not more than one-half of the required private yard may be occupied by a driveway, but parking areas shall not be included in the computation of the required private yard area; a private yard may contain a patio cover or roof which does not cover more than 25 percent of the private yard;
e.
All buildings shall be set back from the front street 25 feet from the building line, and the front line of any porch shall be set back from the front street 20 feet; except that the planning and zoning commission may approve a setback of ten feet, including porches, when said buildings are located on a minor street, not an arterial or expressway street, and when the reduced setback will not, in the opinion of the planning and zoning commission, detrimentally affect existing or proposed development adjacent to and across the street and within 200 feet within each side of the area of proposed reduction of setback within the project;
f.
All buildings shall be set back from the side street ten feet from the building line;
g.
No side yard shall be required between connecting town houses or units;
h.
Within a town house project, there shall be at least 15 feet of separation or combined side yard between each town house group;
i.
At least ten feet of side yard shall be provided at the side property line of any town house project;
j.
All town houses shall set back from the rear lot line at least ten feet; garages or carports having direct access to rear [a] alley or common driveway shall set back from the rear lot line at least ten feet; other accessory buildings shall set back from the rear lot line at least five feet; however, the planning and zoning commission may reduce or waive the required rear yard requirements where a common area of at least 15 feet in width is provided and there is provision for pedestrian and vehicular safety, utility service, and privacy.
4.
No town house group shall exceed 600 feet in length.
5.
The following parking and driveway requirements are complied with:
a.
Two off-street parking spaces shall be provided for each town house; at least one such space shall be covered and shall be located on the individual town house lot; but any required parking space not located on the individual lot shall be located within 100 feet on the lot;
b.
No parking shall be provided in the front 15 feet of a town house lot or common area nor in the ten feet adjacent to side street;
c.
No driveway located in the front yard of a town house lot shall exceed 50 percent of the lot width;
d.
One-way common driveways shall be at least nine feet in width and two-way common driveways shall be at least 18 feet in width;
e.
All driveways and off-street parking spaces shall be paved with an asphaltic or concrete surfacing.
6.
When a town house district abuts a single-family district, the owner of the abutting lot of the town house district shall cause a sight barrier to be erected and maintained to a minimum of six feet and a maximum of seven feet in height from ground level. If no structure is to be erected between the line of the district and a drive or street, the barrier may be a planted evergreen hedge planted within five feet of the line; otherwise, the barrier shall be a fence or wall.
a.
If, in compliance with the aforesaid provision, the owner desires to build a wooden fence or wall, said wooden fence or wall may be located and erected on the rear property line of the lot, subject to the rights of the city and all public utilities to egress and ingress to a five-foot easement located on the rear of the lot for the purpose of constructing and/or maintaining all water, sewer and/or gas lines or poles for the rendition of electrical or telephone facilities;
b.
If in compliance with the aforesaid provision the owner of the lot desires to erect a masonry wall, it shall be located and erected a minimum of five feet from the rear property line of the lot.
C.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
(Ord. No. 1974-2, § 3, 2-25-1974; Ord. No. 1981-7, 7-24-1981; Ord. No. 1986-32, 8-25-1986)
13-1.
[Defined.] A recreational vehicle park (RV park) is a place where people with recreational vehicles can stay overnight, or longer, in allotted spaces rented for temporary use. An RV park is defined as a commercial business, operated for profit by the owner.
13-2.
Applicability; occupancy; records.
A.
Applicability. All campgrounds and recreational vehicle parks as defined hereinafter referred to as RV parks, shall conform to the provisions of this section. In addition, any expansion involving the cumulative addition of ten or more sites to an existing park, beginning with the date of this ordinance [section], and/or the addition of sites to an existing park that will require additional sewage disposal facilities, shall also conform to this section. These standards shall be required for RV parks in which sites will be rented for transient use.
B.
Occupancy. No site shall be used as a permanent residence. Lots in RV parks are to be rented on a temporary basis not to exceed 180 days. Inspections will be required for renters wishing to remain longer than the stated length of time.
C.
Procedures and standards. An RV Park or regulated expansion of an RV park shall be considered a land development as defined by this Ordinance and the application for the development of an RV park shall be processed in accordance with all the procedures established by this Ordinance for subdivisions and land developments.
D.
Minimum park size. A minimum parcel size of one acre shall be required for RV parks and all lands proposed for an RV park shall be contiguous.
13-3.
Density; project design process and procedure.
A.
Site size. Each site in an RV park shall have a minimum area of 1,500 square feet. Minimum site widths shall be 25 feet. Minimum depth shall be 60 feet. A ten-foot variance shall be maintained between each RV at all times. Each site shall include a hard surface sufficient to accommodate the RV and support all leveling and stabilizing mechanisms as per manufacturers' set-up instructions.
B.
Density. The number of sites in an RV park shall not exceed an overall density of ten per acre unless design permits such changes and they are approved by the building official.
C.
Identification. Each rentable space shall be numbered or so identified as to direct emergency personnel, (police, fire and rescue, medical personnel) to the correct location in the event of an emergency. The identification marking shall be at the site on a sign, on the utilities distribution panel, or any other approved location in plain sight of the roadway, or where it can be readily and easily seen by approaching emergency personnel in any direction.
13-4.
Project design process and procedure.
A.
Design process and procedure. All RV parks shall be designed and processed in accordance with the requirements of this ordinance [section].
B.
Site plan. A proposed site plan showing all necessary information to include at a minimum, location of all buildings and improvements including roads, parking areas, planting strips, signs, overall grading plan with storm drainage facilities, water supply and distribution systems, sewage treatment and collection systems and the specific areas provided as open space pursuant to the requirements of this Ordinance. Building layouts and profiles shall also be provided indicating building dimensions, numbers, and sizes, common ownership or use areas, lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable. Setbacks from property lines, improvements, and other buildings shall also be specifically shown.
C.
Site demarcation. All RV park sites shall be specifically shown on the plans submitted.
13-5.
Design standards.
A.
Floodplain. Any structures in any RV park shall not be located within a 100-year floodplain area as defined by the Federal Flood Insurance Program unless in compliance with all applicable local ordinances. No natural drainage or flood relief arteries shall be disturbed by the development of a RV park or any other development per city ordinance, state and local requirements.
B.
Nuisances. The site of any proposed RV park shall be free from adverse influence by swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents, and shall not be subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
C.
Soil and ground cover. All areas of an RV park disturbed during the development process and not covered by improvements shall be stabilized and protected with such vegetative growth as necessary to prevent soil erosion and the emanation of dust during dry weather. Such vegetation shall be maintained by the park owner in such condition as to provide continued soil protection.
D.
Stormwater/drainage. RV parks shall be designed to insure that all surface water is drained in a safe and efficient manner away from recreational vehicle sites. The requirements of this ordinance [section] shall apply to all RV parks. Wastewater from any plumbing fixture or sanitary sewer line shall not be deposited upon the ground surface or into any stormwater control facility in any part of an RV park.
13-6.
Setbacks, buffer strips and screening.
A.
Buffers. A buffer area shall be provided around the RV park. No individual site in an RV park shall be located closer than 30 feet to any public road right-of-way or closer than ten feet to any other exterior property line.
B.
Screening/fencing. Screening such as fencing along the property boundary line shall be installed separating the park and any adjacent property. Fencing shall be privacy type or nontransparent to provide an effective screen to a height of eight feet. Fencing strips shall be properly maintained by the owner at all times.
13-7.
Streets, parking and access.
A.
Streets. RV park streets shall be provided, designed and constructed to a minimum 20-foot width with a two-inch road base and either a two-inch asphalt or four-inch concrete surface; however, shoulders shall not be required.
B.
Parking. Parking shall not be permitted on roads or drives within the RV park, but shall be restricted to designated parking areas either at each site or at a common location.
C.
Access. There shall generally be at least two points of ingress and/or egress in each RV park from any one public right-of-way and all driveways to individual sites shall front on an interior access drive. Cul-de-sac, or hammer, designs may be approved provided they meet all requirements, state and local, for street width and turn-around radius, and if approved by the fire marshal and city officials.
D.
Site access. Individual sites and parking spaces shall have direct access to the interior park street system. Sites and parking spaces shall not front or have access directly to public roads or streets or to private roads or streets passing through the RV park and providing access to other properties.
E.
Illumination. All RV parks shall be furnished with lighting standards so spaced and equipped with luminaries placed at such mounting heights as will provide adequate levels of illumination for the safe movement of tenants and vehicles at night. Standards shall be facing inward to the RV park property as to not disturb surrounding property owners.
13-7.
Walks.
A.
General requirements. If a walking system is included in the proposed site plan, it shall meet the requirements of this section. All parks that include a walking system shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual sites, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided. All state requirements for Americans with Disabilities Act (ADA) access shall be maintained where applicable. At the discretion of the City of Carthage, boards, commissions or authority having jurisdiction, this feature may be eliminated on a case-by-case basis.
B.
Common walk system. Where pedestrian traffic is concentrated and a common walk system is provided such common walks shall have a minimum width of four feet.
C.
Individual walks. All individual sites shall be connected to common walks, streets, driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two feet.
13-8.
Utilities.
A.
Water supply. RV parks shall be served by the Municipal water supply system in accordance with § 21 [Chapter 62] of the City of Carthage Code of Ordinances, and all state and local codes. Connections shall be made to each site sufficient to serve the site requirements and meeting all ordinances and state and local codes.
B.
Sewage disposal. RV parks shall be served by the municipal sewage disposal system in accordance with § 21 [Chapter 62] of the City of Carthage Code of Ordinances, and all state and local codes. Connections shall be made to each site, and shall be made to any other wastewater producing facilities in the RV park. No sewage disposal system shall be located on an individual site.
C.
Refuse disposal. The storage, collection and disposal of trash and refuse shall be so managed as to create no health hazards or air pollution. All trash and refuse shall be screened (fenced) from public view on three sides, minimum six feet. Containers, (dumpsters), shall be provided in sufficient number and capacity to properly store all refuse as required by the City of Carthage.
D.
Recreation area. If a recreation area is submitted on the proposed site plan, it shall meet the requirements of this section. A recreation area shall be of sufficient size to allow safe play and recreation, including any equipment used for such purposes, and be designated for only such use. The recreation area shall be useable for recreational activities and free from wetlands, steep slopes and other limiting features. At the discretion of the City of Carthage, boards, commissions or authority having jurisdiction, this feature may be eliminated on a case-by-case basis.
E.
Nonresidential uses. No part of any RV park shall be used for non-residential purposes, except such uses that are required for the direct servicing and well-being of campers and for the management and maintenance of the park. Neighborhood commercial uses, not visible from any public road right-of-way such as stores, laundry facilities, etc., designed to serve the needs of campers may be permitted.
(Ord. No. 2011-02, 2-14-2011)
- DISTRICT USE REGULATIONS
1-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "RE-1" Ranch and Estate District.
1-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Farms, and all other agricultural pursuits, including ranching, truck gardening, raising of field crops, nurseries, greenhouses, etc., when located on a tract of land containing not less than five acres.
B.
One-family dwelling.
C.
Publicly owned or operated park, playground or community building, museum, library or art gallery.
D.
Church or other place of worship or Sunday School.
E.
Public or denominational elementary and high school, or a private school having a curriculum the same as ordinarily given in a public school.
F.
Country club or golf course, except a golf course or miniature course or practice driving tee operated for commercial purposes.
G.
Accessory building or uses including private garage, servants or farm labor quarters, provided that there shall be only one principal residential building for each one-half acre of land used for dwelling purposes. Any accessory structure or enclosure for the shelter of livestock and poultry shall be located not less than 200 feet from any street or lot line.
H.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
1-3.
Height and area regulations. Height and area regulations set forth in article IV [of this ordinance] shall be observed.
1-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
(Ord. No. 1981-7, 7-24-1981)
2-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "SF-1" Single-Family Residence Districts.
2-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
One-family dwelling.
B.
Farms, and all other agricultural pursuits, provided that any structure or enclosure for the shelter of livestock and poultry shall not be less than 400 feet from any street or lot line, and that no retail or wholesale business sales office is maintained on the premises.
C.
Publicly owned or operated park, playground or community building, museum, library or art gallery.
D.
Church or other place of worship or Sunday School.
E.
Public or denominational elementary and high school, or a private school having a curriculum the same as ordinarily given in a public school, or junior college or university.
F.
Country club or golf course, except a golf course or miniature course or practice driving tee operated for commercial purposes.
G.
Repealed.
H.
Accessory building or use, including a private garage customarily incident to the above uses, but not involving the conduct of a business.
I.
A church or public bulletin board or temporary sign appertaining to the lease, hire or sale of a building or premises, which sign or bulletin board shall not exceed ten square feet in area.
J.
Mobile homes are prohibited in the city as of January 1, 1998, unless previously legally permitted and used as a residential dwelling within the city.
K.
A "HUD-code manufactured home," as defined by the State of Texas, only if the following requirements are satisfied:
1.
The requirement and standards for installation as adopted by the State of Texas are met by the owner.
2.
The wheels are removed, and the home is completely enclosed by underskirting using similar material with a uniform appearance with the home. In the event these requirements are not met within 90 days from the connection date of the City of Carthage utilities, then the utilities shall be disconnected until the requirements are met.
3.
The height and area regulations set forth in article IV [of this ordinance] shall be enforced in the same manner as other construction.
4.
This section does not supersede nor override any deed restrictions prohibiting such use, and nothing herein shall be interpreted to impose the duty upon the city to investigate or enforce deed restrictions.
2-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed.
2-4.
Parking regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1976-18, § 1, 1-24-1977; Ord. No. 1987-8, 4-16-1987; Ord. No. 1997-15, 10-13-1997; Ord. No. 1998-16, § 2, 9-14-1998; Ord. No. 2008-07, § 2, 5-19-2008; Ord. No. 2013-13, 10-14-2013)
3-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section, are the regulations in the "SF-2" Single-Family Residence District.
3-2.
Use regulations. A building or premises shall be used only for the following purposes: Any use permitted in the "SF-1" Single-Family Residence District.
3-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed.
3-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
4-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "TF-3" Two-Family Residence District.
4-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "SF-2" Single-Family Residence District.
B.
Two-family dwelling.
4-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed.
4-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
5-1.
[Intent.] The regulations set forth in this section [which] are set forth elsewhere in this ordinance when referred to in this section are the regulations in the "MF-4" Multi-Family District.
5-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "TF-3" Two-Family Residence District.
B.
Multiple Dwelling.
C.
Institution of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.
D.
Hospital or sanitarium, except a criminal, mental or animal hospital.
E.
Nursing or convalescent home.
F.
Private club, fraternity, sorority or lodge, excepting one the chief activity of which is a service customarily carried on as a business.
G.
Accessory building or use customarily incidental to any of the above uses, including a storage garage on a lot occupied by a multiple dwelling, hospital or institution.
5-3.
Height and area regulations. The height and area requirement set forth in article IV [of this ordinance] shall be observed.
5-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
6-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the [regulations in the] "LB-1" Local Business District.
6-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "MF-4" Multi-Family Residence District.
B.
Advertising signs except that any sign or billboard not used in connection with a business establishment on the same premises shall not be located within 100 feet of any residence district.
C.
Automobile parking lot.
D.
Bank.
E.
Bakery, but only when the products are sold at retail on the premises.
F.
Display room for merchandise to be sold at wholesale where merchandise sold is stored elsewhere.
G.
Clinic.
H.
Dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, dry cleaning and pressing and bakery with the sale of bakery products on the premises and other uses of a similar character.
I.
Filling station.
J.
Offices and office buildings.
K.
Personal services, including barbershops, banks, beauty parlors, photographic or artist studios, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants, and other personal service uses of a similar nature.
L.
Private school.
M.
Retail store. In connection with such store, there shall be no slaughtering of animals or poultry on the premises.
N.
Laundromat.
O.
Undertaking business or establishment.
P.
Florist shop or greenhouse.
Q.
Accessory buildings and uses.
R.
When located not less than 100 feet from any residence district:
Bowling alley.
Drive-in restaurant.
Other similar place of entertainment or amusement.
S.
Dancing or music academy.
T.
Frozen food locker.
U.
Hotel.
V.
Motel.
W.
Parking or public garage.
X.
Theaters.
Y.
Used car sales or storage lot when located at least 100 feet from any residence district.
Z.
Any other local business use supplying the everyday shopping needs of immediate neighborhood and subject to the following conditions:
(1)
That it be conducted wholly within an enclosed building.
(2)
That required yards be not used for display, sale or storage of merchandise, or for the storage of vehicles, equipment, containers or waste material.
(3)
That all merchandise be first-hand and be sold at retail on the premises.
(4)
That such use be not objectionable because of odor, excessive light, smoke, dust, noise, vibration, presence of vermin or rodents, or similar nuisance. Questionable uses shall be ruled on by the zoning board of adjustment.
AA.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
BB.
Day care.
CC.
Tire shop.
6-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed, and in addition every building or portion thereof used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the "MF-4" Multi-Family Residence District.
6-4.
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
6-5.
Unknown zoning district use regulation. The city building official shall make the final decision when a request for zoning district use regulation is unclassified.
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1981-7, 7-24-1981; Ord. No. 2012-02, 3-26-2012; Ord. No. 2021-10, 10-25-2021)
7-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "GB-2" General Business District.
7-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "LB-1" Local Business District.
B.
Auto repair garage and seat covers.
C.
Bakeries.
D.
Printing or engraving plants.
E.
Candy manufacturing.
F.
Carpenter shop.
G.
Cleaning and dyeing plants.
H.
Engraving.
I.
Wholesale establishments.
J.
Jewelry manufacturing.
K.
Lumber and building materials yards.
L.
Creamery, ice cream manufacturing and dairy operations.
M.
Warehouses.
N.
Ice plants.
O.
Vehicle storage facility.
P.
Public utilities substations.
Q.
Automobile or trailer display and sales rooms.
R.
Business or commercial school.
S.
Farm implement display and sales room.
T.
Milk distributing station.
U.
Radio or television broadcasting station or studio.
V.
Veterinarian or animal hospital or riding academy provided that no such building, kennel or exercise runway shall be closer than 100 feet to any residence district.
W.
When not employing more than ten persons on the premises:
Painting, plumbing or tinsmithing shop.
Dyeing and cleaning establishment or laundry.
Upholstering shop, not involving furniture manufacturing.
Any other general service or repair establishment of similar character.
X.
Any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries and light industries that manufacture, process, store and distribute goods and materials and are in general dependent on raw materials refined elsewhere. (Questionable uses shall be ruled upon by the zoning board of adjustment.)
Y.
Mobile home residence or mobile home park, provided the requirements of article III, section 11-2C [of this ordinance] are complied with; and provided further, the property owner shall present with his application for [a] building permit with the city building inspector the notarized statement of all the owners of adjoining properties that they have no objection to such use.
Z.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
AA.
Recreational Vehicle Park (RV Park). Any zoning for an RV Park shall conform with the City of Carthage Planning and Zoning Commission Guidelines for RV Parks.
BB.
Vehicle storage facility.
7-3.
Height and area regulations.
A.
The height and area regulations set forth in article IV [of this ordinance] shall be observed and in addition every building or portion thereof used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the "MF-4" Multi-Family Residence district.
B.
Lot area per-family requirements shall not apply to dormitories, fraternities, sororities, clubs, hotels or apartment hotels where no cooking facilities are provided in individual rooms or apartments.
7-4.
Parking and loading regulations. Off-street loading spaces shall be provided in accordance with the requirements of article V [of this ordinance].
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1981-7, 7-24-1981; Ord. No. 2008-15, 8-11-2008; Ord. No. 2011-02, 2-14-2011; Ord. No. 2021-10, 10-25-2021)
8-1.
[Intent.] The regulations set forth in [this] section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "RI-1" Restricted Industrial District.
8-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "GB-2" General Business District except, whenever 40 percent or more of a block or tract of land in the "RI-1" District is vacant or occupied by structures that are of nonresidential use, then no new residential units may be permitted within that block or tract.
B.
Apparel and other products assembled from finished textiles.
C.
Bottling works.
D.
Carting, express, hauling or storage yard.
E.
Cosmetic manufacture.
F.
Contractor's yard.
G.
Coal, coke or wood yard.
H.
Drugs and pharmaceutical products manufacturing.
I.
Electronic products assembly.
J.
Fur goods manufacture, but not including tanning or dyeing.
K.
Glass products, from previously manufactured glass.
L.
Household appliance products assembly and manufacture from prefabricated parts.
M.
Musical instruments assembly and manufacture.
N.
Plastic products manufacture, but not including the processing of raw materials.
O.
Petroleum storage, but only after the location and treatment of the premises have been approved by the fire marshal.
P.
Drive-in theaters.
Q.
Sporting and athletic equipment manufacture.
R.
Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than ten percent of the lot or tract is used for the open storage of products, materials or equipment.
S.
Testing and research laboratories.
T.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
8-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed and in addition any building that may be used for dwelling purposes shall comply with the side and rear yard and lot area per family regulations of the "MF-4" Multi-Family Residence District.
8-4.
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
(Ord. No. 1981-7, 7-24-1981)
9-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "HI-2" Heavy Industrial District.
9-2.
Use regulations. Any building or premises may be used for any purpose not in conflict with any ordinance of the City of Carthage regulating nuisances; provided, however, that no building shall be erected, reconstructed, or structurally altered for residential purposes, except for resident watchmen and caretakers employed on the premises; and provided further, that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the city commission after report by the city manager and the fire marshal.
A.
Acid manufacture.
B.
Cement, lime, gypsum or plaster of paris manufacture.
C.
Distillation of bones and glue manufacture.
D.
Explosives manufacture or storage.
E.
Fat rendering and fertilizer manufacture.
F.
Garbage, offal, or dead animals, reduction or dumping [of].
G.
Petroleum, or its products, refining of.
H.
Smelting of tin, copper, zinc, or iron ores, and other metals.
I.
Stockyards or slaughter of animals.
J.
Auto wrecking yards and junkyards, but only when the premises upon which such activities are conducted are wholly enclosed within a building or by a wooden fence not less than eight feet in height and in which the openings or cracks or [are] less than 15 percent of the total area.
K.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
9-3.
Height and area regulations. The height and area regulations set forth in article IV [of this ordinance] shall be observed.
9-4.
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirement for specific uses set forth in article V [of this ordinance].
(Ord. No. 1981-1, 7-24-1981)
10-1.
[Authority of city commission.] The city commission by an affirmative two-thirds vote may by ordinance permit the following uses in any district as herein qualified, and may impose appropriate conditions and safeguards, including a specified period of time for the permit:
A.
Airport, landing field, or landing strip for aircraft only by special ordinance in any district.
B.
Amusement park in any business or industrial district, but not within 300 feet of any residence district.
C.
Circus or carnival grounds in any business or industrial district, but not within 300 feet of any residence district.
D.
Commercial, recreational or amusement development for temporary or seasonal periods, in any business or industrial district, but not within 500 feet of any residential district.
E.
Hospital, clinic or institution, provided that any hospital or institution permitted in any residential district shall be located on a site of not less than five acres, shall not occupy more than ten percent of the total lot area and shall be set back from all yard lines at least 80 feet.
F.
Office building of a civic, religious or charitable organization, conducting activities primarily by mail and not handling merchandise or rendering services on the premises, within the "MF-4" Multi-Family Residence District.
G.
Privately operated community building or recreation field in any district.
H.
A home occupation incidental to a permitted residential use.
I.
Radio or television broadcasting tower or station in any district.
J.
Drive-in theater in the "GB-2" General Business District.
10-2.
Temporary buildings. Temporary buildings used in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
10-3.
Railroads and utilities. Existing railroads and utilities including telephone service may continue to be operated and maintained in dwelling and commercial districts, but no new railroad or utility structure other than the usual poles, wires and underground utilities shall be established in such districts except when so authorized by article 1011j of Vernon's Civil Statutes of the State of Texas and by the board of adjustment.
10-4.
Community unit plan. When the city planning and zoning commission is petitioned by an agency of the city, county, state or federal government or by the owners or owner of a tract of land comprising an area of not less than ten acres, and said agency or owner applies for a change in zoning from a Single-Family Residential classification to a more intense use, and whereby the provisions for off-street parking facilities, screening walls, fences or planting and open space would create a protective transition between [a] lesser and a more restricted district, the city planning and zoning commission shall hear and consider such application in the same manner it would a zoning petition and:
A.
Recommend against the change in zoning.
B.
Recommend a change in zoning.
C.
Recommend that a community unit plan for such area be reviewed and, after public hearing as prescribed in article X [of this ordinance], grant a change in zoning subject to the conformance with an approved site plan, said site plan to indicate the provisions for the paving of streets, alleys and sidewalks, means of ingress and egress to the public street, provisions for drainage, parking space and street layout and protective screening and open space.
10-5.
[Change in zoning.] Any change in zoning granted under the provisions of [section] 10-4 shall be considered an amendment to the zoning ordinance as applicable to such property. In granting such permit the city commission may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued for the use of the building or such property pursuant to said special permit, and such condition shall not be construed as conditions precedent to the granting of the community unit plan or the change in zoning of said property, but shall be considered a precedent to the granting of a certificate of occupancy.
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1976-18, § 1, 1-24-1977)
11-1.
[Intent.] Regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section, are the regulations in the "SF-3" Manufactured Home Residence District.
11-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "TF-3" Two-Family Residence District.
B.
Manufactured home when used as a residence.
C.
Manufactured home park which shall comply with the following requirements:
(1)
All appropriate state and county sanitation regulations shall be strictly observed.
(2)
No manufactured home shall be parked closer than 20 feet to the street or highway or any property line; and a clearance of not less than 15 feet shall be maintained between manufactured homes on both sides and in the rear. This clearance is for the purpose of fire protection and shall not be subject to any change, appeal or variance from the board of adjustment.
(3)
Manufactured home spaces shall abut upon a hard surfaced driveway or access way of not less than 25 feet in width, which shall be other than a public street.
(4)
Off-street parking space for at least one automobile for each manufactured home space.
(5)
Water, sewer, electric, gas and telephone connections available at each manufactured home space shall be accessible.
(6)
When operated for use by the occupants of the park, service building areas shall be permitted for laundry facilities, bathing and sanitation, [and] recreation and playground equipment, provided state and local health regulations shall be complied with, and shall be located at least 20 feet from the side and rear lot lines, and shall be accessible to all manufactured homes by means of the access drives or hard-surfaced walkways.
(7)
No more than seven manufactured home spaces shall be per acre. No more than three manufactured home spaces shall be situated on a lot less than one acre but more than a one-half acre. No more than two manufactured home spaces shall be situated on a lot less one-half acre.
D.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
11-3.
Height and area regulations.
A.
Repealed.
B.
Repealed.
C.
The height and lot area regulations set forth in article IV [of this ordinance] shall be observed; except, for manufactured homes or travel trailers or recreational trailers or vehicles measuring eight feet by 39 feet or less (without tongue), the setback requirements do not apply, but a clearance of not less than five feet shall be maintained between said manufactured homes, travel trailers and recreational trailers or vehicles of such length, on both sides and in the rear.
11-4.
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article V [of this ordinance].
(Ord. No. 1972-5, § 1, 3-27-1972; Ord. No. 1976-18, § 1, 1-24-1977; Ord. No. 1978-2, 4-10-1978; Ord. No. 1979-8, 6-25-1979; Ord. No. 1981-7, 7-24-1981; Ord. No. 1982-10, 8-23-1982; Ord. No. 2003-02, 2-24-2003)
12-1.
[Intent.] The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section are the regulations in the "TH-1" Town House District.
12-2.
Use regulations. A building or premises shall be used only for the following purposes:
A.
Any use permitted in the "SF-1" Single-Family Residence District.
B.
Town house dwelling use as hereinafter limited, notwithstanding any other provision contained in the City of Carthage Zoning Ordinance as amended, provided:
1.
Each town house is located on an individual lot.
2.
The following unit and area requirements are complied with:
a.
That there be at least three connected units in each town house project;
b.
That the town house project site contains no less than 3,500 square feet of area per unit, including common area, if any;
c.
That not less than 80 percent of the town house lots in a project be at least 20 feet in width, provided that the remaining lots in a project be at least 16 feet in width;
d.
That each lot 20 feet or more in width shall contain not less than 1,800 square feet, and each lot less than 20 feet in width shall contain not less than 1,440 square feet;
e.
That each town house group shall have not less than four adjoining town house units, provided that the planning and zoning commission may approve up to 20 percent of said units in two- and three-unit groups when the project contains 12 or more units.
3.
The following height, coverage and setback requirements are met:
a.
That no building or accessory structure shall exceed 35 feet in height;
b.
That coverage of a project shall not exceed 45 percent of the total site area; no structure constituting "coverage" under this provision include, but [shall] not [be] limited to, buildings and required parking spaces;
c.
That coverage of the common area or areas, if any, shall not exceed 30 percent of said common area or areas; those structures constituting coverage in this provision include, but [shall not [be] limited to, all buildings, structures and required parking, but shall not include driveways or walkways;
d.
Each lot shall contain a private yard with no less than 400 square feet of area; not more than one-half of the required private yard may be occupied by a driveway, but parking areas shall not be included in the computation of the required private yard area; a private yard may contain a patio cover or roof which does not cover more than 25 percent of the private yard;
e.
All buildings shall be set back from the front street 25 feet from the building line, and the front line of any porch shall be set back from the front street 20 feet; except that the planning and zoning commission may approve a setback of ten feet, including porches, when said buildings are located on a minor street, not an arterial or expressway street, and when the reduced setback will not, in the opinion of the planning and zoning commission, detrimentally affect existing or proposed development adjacent to and across the street and within 200 feet within each side of the area of proposed reduction of setback within the project;
f.
All buildings shall be set back from the side street ten feet from the building line;
g.
No side yard shall be required between connecting town houses or units;
h.
Within a town house project, there shall be at least 15 feet of separation or combined side yard between each town house group;
i.
At least ten feet of side yard shall be provided at the side property line of any town house project;
j.
All town houses shall set back from the rear lot line at least ten feet; garages or carports having direct access to rear [a] alley or common driveway shall set back from the rear lot line at least ten feet; other accessory buildings shall set back from the rear lot line at least five feet; however, the planning and zoning commission may reduce or waive the required rear yard requirements where a common area of at least 15 feet in width is provided and there is provision for pedestrian and vehicular safety, utility service, and privacy.
4.
No town house group shall exceed 600 feet in length.
5.
The following parking and driveway requirements are complied with:
a.
Two off-street parking spaces shall be provided for each town house; at least one such space shall be covered and shall be located on the individual town house lot; but any required parking space not located on the individual lot shall be located within 100 feet on the lot;
b.
No parking shall be provided in the front 15 feet of a town house lot or common area nor in the ten feet adjacent to side street;
c.
No driveway located in the front yard of a town house lot shall exceed 50 percent of the lot width;
d.
One-way common driveways shall be at least nine feet in width and two-way common driveways shall be at least 18 feet in width;
e.
All driveways and off-street parking spaces shall be paved with an asphaltic or concrete surfacing.
6.
When a town house district abuts a single-family district, the owner of the abutting lot of the town house district shall cause a sight barrier to be erected and maintained to a minimum of six feet and a maximum of seven feet in height from ground level. If no structure is to be erected between the line of the district and a drive or street, the barrier may be a planted evergreen hedge planted within five feet of the line; otherwise, the barrier shall be a fence or wall.
a.
If, in compliance with the aforesaid provision, the owner desires to build a wooden fence or wall, said wooden fence or wall may be located and erected on the rear property line of the lot, subject to the rights of the city and all public utilities to egress and ingress to a five-foot easement located on the rear of the lot for the purpose of constructing and/or maintaining all water, sewer and/or gas lines or poles for the rendition of electrical or telephone facilities;
b.
If in compliance with the aforesaid provision the owner of the lot desires to erect a masonry wall, it shall be located and erected a minimum of five feet from the rear property line of the lot.
C.
The production of oil and gas and associated hydrocarbons, including the use of said property for a drill site, temporary storage, and the installation and maintenance of necessary production facilities or equipment.
(Ord. No. 1974-2, § 3, 2-25-1974; Ord. No. 1981-7, 7-24-1981; Ord. No. 1986-32, 8-25-1986)
13-1.
[Defined.] A recreational vehicle park (RV park) is a place where people with recreational vehicles can stay overnight, or longer, in allotted spaces rented for temporary use. An RV park is defined as a commercial business, operated for profit by the owner.
13-2.
Applicability; occupancy; records.
A.
Applicability. All campgrounds and recreational vehicle parks as defined hereinafter referred to as RV parks, shall conform to the provisions of this section. In addition, any expansion involving the cumulative addition of ten or more sites to an existing park, beginning with the date of this ordinance [section], and/or the addition of sites to an existing park that will require additional sewage disposal facilities, shall also conform to this section. These standards shall be required for RV parks in which sites will be rented for transient use.
B.
Occupancy. No site shall be used as a permanent residence. Lots in RV parks are to be rented on a temporary basis not to exceed 180 days. Inspections will be required for renters wishing to remain longer than the stated length of time.
C.
Procedures and standards. An RV Park or regulated expansion of an RV park shall be considered a land development as defined by this Ordinance and the application for the development of an RV park shall be processed in accordance with all the procedures established by this Ordinance for subdivisions and land developments.
D.
Minimum park size. A minimum parcel size of one acre shall be required for RV parks and all lands proposed for an RV park shall be contiguous.
13-3.
Density; project design process and procedure.
A.
Site size. Each site in an RV park shall have a minimum area of 1,500 square feet. Minimum site widths shall be 25 feet. Minimum depth shall be 60 feet. A ten-foot variance shall be maintained between each RV at all times. Each site shall include a hard surface sufficient to accommodate the RV and support all leveling and stabilizing mechanisms as per manufacturers' set-up instructions.
B.
Density. The number of sites in an RV park shall not exceed an overall density of ten per acre unless design permits such changes and they are approved by the building official.
C.
Identification. Each rentable space shall be numbered or so identified as to direct emergency personnel, (police, fire and rescue, medical personnel) to the correct location in the event of an emergency. The identification marking shall be at the site on a sign, on the utilities distribution panel, or any other approved location in plain sight of the roadway, or where it can be readily and easily seen by approaching emergency personnel in any direction.
13-4.
Project design process and procedure.
A.
Design process and procedure. All RV parks shall be designed and processed in accordance with the requirements of this ordinance [section].
B.
Site plan. A proposed site plan showing all necessary information to include at a minimum, location of all buildings and improvements including roads, parking areas, planting strips, signs, overall grading plan with storm drainage facilities, water supply and distribution systems, sewage treatment and collection systems and the specific areas provided as open space pursuant to the requirements of this Ordinance. Building layouts and profiles shall also be provided indicating building dimensions, numbers, and sizes, common ownership or use areas, lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable. Setbacks from property lines, improvements, and other buildings shall also be specifically shown.
C.
Site demarcation. All RV park sites shall be specifically shown on the plans submitted.
13-5.
Design standards.
A.
Floodplain. Any structures in any RV park shall not be located within a 100-year floodplain area as defined by the Federal Flood Insurance Program unless in compliance with all applicable local ordinances. No natural drainage or flood relief arteries shall be disturbed by the development of a RV park or any other development per city ordinance, state and local requirements.
B.
Nuisances. The site of any proposed RV park shall be free from adverse influence by swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents, and shall not be subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
C.
Soil and ground cover. All areas of an RV park disturbed during the development process and not covered by improvements shall be stabilized and protected with such vegetative growth as necessary to prevent soil erosion and the emanation of dust during dry weather. Such vegetation shall be maintained by the park owner in such condition as to provide continued soil protection.
D.
Stormwater/drainage. RV parks shall be designed to insure that all surface water is drained in a safe and efficient manner away from recreational vehicle sites. The requirements of this ordinance [section] shall apply to all RV parks. Wastewater from any plumbing fixture or sanitary sewer line shall not be deposited upon the ground surface or into any stormwater control facility in any part of an RV park.
13-6.
Setbacks, buffer strips and screening.
A.
Buffers. A buffer area shall be provided around the RV park. No individual site in an RV park shall be located closer than 30 feet to any public road right-of-way or closer than ten feet to any other exterior property line.
B.
Screening/fencing. Screening such as fencing along the property boundary line shall be installed separating the park and any adjacent property. Fencing shall be privacy type or nontransparent to provide an effective screen to a height of eight feet. Fencing strips shall be properly maintained by the owner at all times.
13-7.
Streets, parking and access.
A.
Streets. RV park streets shall be provided, designed and constructed to a minimum 20-foot width with a two-inch road base and either a two-inch asphalt or four-inch concrete surface; however, shoulders shall not be required.
B.
Parking. Parking shall not be permitted on roads or drives within the RV park, but shall be restricted to designated parking areas either at each site or at a common location.
C.
Access. There shall generally be at least two points of ingress and/or egress in each RV park from any one public right-of-way and all driveways to individual sites shall front on an interior access drive. Cul-de-sac, or hammer, designs may be approved provided they meet all requirements, state and local, for street width and turn-around radius, and if approved by the fire marshal and city officials.
D.
Site access. Individual sites and parking spaces shall have direct access to the interior park street system. Sites and parking spaces shall not front or have access directly to public roads or streets or to private roads or streets passing through the RV park and providing access to other properties.
E.
Illumination. All RV parks shall be furnished with lighting standards so spaced and equipped with luminaries placed at such mounting heights as will provide adequate levels of illumination for the safe movement of tenants and vehicles at night. Standards shall be facing inward to the RV park property as to not disturb surrounding property owners.
13-7.
Walks.
A.
General requirements. If a walking system is included in the proposed site plan, it shall meet the requirements of this section. All parks that include a walking system shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual sites, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided. All state requirements for Americans with Disabilities Act (ADA) access shall be maintained where applicable. At the discretion of the City of Carthage, boards, commissions or authority having jurisdiction, this feature may be eliminated on a case-by-case basis.
B.
Common walk system. Where pedestrian traffic is concentrated and a common walk system is provided such common walks shall have a minimum width of four feet.
C.
Individual walks. All individual sites shall be connected to common walks, streets, driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two feet.
13-8.
Utilities.
A.
Water supply. RV parks shall be served by the Municipal water supply system in accordance with § 21 [Chapter 62] of the City of Carthage Code of Ordinances, and all state and local codes. Connections shall be made to each site sufficient to serve the site requirements and meeting all ordinances and state and local codes.
B.
Sewage disposal. RV parks shall be served by the municipal sewage disposal system in accordance with § 21 [Chapter 62] of the City of Carthage Code of Ordinances, and all state and local codes. Connections shall be made to each site, and shall be made to any other wastewater producing facilities in the RV park. No sewage disposal system shall be located on an individual site.
C.
Refuse disposal. The storage, collection and disposal of trash and refuse shall be so managed as to create no health hazards or air pollution. All trash and refuse shall be screened (fenced) from public view on three sides, minimum six feet. Containers, (dumpsters), shall be provided in sufficient number and capacity to properly store all refuse as required by the City of Carthage.
D.
Recreation area. If a recreation area is submitted on the proposed site plan, it shall meet the requirements of this section. A recreation area shall be of sufficient size to allow safe play and recreation, including any equipment used for such purposes, and be designated for only such use. The recreation area shall be useable for recreational activities and free from wetlands, steep slopes and other limiting features. At the discretion of the City of Carthage, boards, commissions or authority having jurisdiction, this feature may be eliminated on a case-by-case basis.
E.
Nonresidential uses. No part of any RV park shall be used for non-residential purposes, except such uses that are required for the direct servicing and well-being of campers and for the management and maintenance of the park. Neighborhood commercial uses, not visible from any public road right-of-way such as stores, laundry facilities, etc., designed to serve the needs of campers may be permitted.
(Ord. No. 2011-02, 2-14-2011)