The location and boundaries of the districts established in this chapter are shown upon the official zoning map, which is hereby incorporated into this chapter. The zoning map, together with all notations, references and other information shown thereon and all amendments thereto, shall be as much a part of this chapter as if fully set forth and described herein. The zoning map is on file in the office of the city manager.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

For the purpose of this chapter, the city is hereby divided into 12 districts and subdistricts as follows:

District A Single-Family Residential District

District AA Single-Family District

District AAA Townhouse District

District B Duplex Residential District

District C Low-Rise Apartment District

District D High-Rise Apartment District

District E One-Story Office-Professional District

District F Two-Story Office-Professional District

District FF Office Condominium District

District G General Business District

District H Special Business District

District I Planned Unit Development District

District RR Rural Residential District

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-01-12, § 1, 1-12-2021)

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, such centerlines, street lines, or highway right-of-way lines shall be construed to be the boundaries.

(2)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries.

(3)

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on the zoning map.

(4)

In non-subdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

(5)

In the case of a district boundary line dividing a property into two parts, the district boundary line shall be determined by use of the scale appearing on the zoning district map.

(6)

Whenever any street, alley, or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

(7)

Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Minimum parking for church area. A minimum of three parking spaces for each 200 square feet of indoor church area or 0.2 (one-fifth) parking space per church seat (including ministers and choir), whichever produces the greater number of parking spaces.

(b)

Vehicular driveway approaches. Any new construction or replacement, in whole or in part, of vehicular driveway approaches accessed from a public street or alley must be constructed to meet city specifications.

(c)

Vehicular area surfacing. All driveways and areas on private property used for driving, parking or storing of vehicles, trailers, or any item for transport or transportation must be surfaced, and no parking will be allowed on any area not meeting the surfaced requirements as defined in this chapter.

(d)

Screening devices. Gates in screening devices shall be solid. All screening devices shall be continuously maintained by the owners. Visual screening walls shall not exceed eight feet in height, except in the G and H districts where such wall shall not exceed ten feet in height.

(e)

General parking requirements.

(1)

Parking spaces shall not occupy any public land, such as the public right-of-way of a street or alley.

(2)

When computing the requirements for off-street parking results in a fraction of a parking space, the next larger whole number of spaces is required.

(3)

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

(4)

In computing the parking requirements for any building or development with multiple uses, the total parking requirements shall be the sum of the specific parking requirements for each individual use included in the building or development.

(5)

Cooperative parking plan. Two or more uses may share the same off-street parking facilities and each use may be considered as having provided such shared space individually. Cooperative parking shall be obtained within 600 feet of the property requiring the additional parking. This maximum distance shall be measured from the property line to the driveway of the shared parking lot. The agreement must be approved by the city attorney, zoning commission and the city council.

(6)

All parking lots, parking spaces, fire lanes and pedestrian crosswalks shall be and clearly delineated through the use of striping, buttons, tiles, curbs, barriers, or other approved methods. Nonpermanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

(f)

Accessory buildings, structures, and uses (ABSUs).

(1)

ABSUs are subordinate to the main building, the use of which is incidental to and used only in conjunction with the main building. ABSUs include, but are not limited to automobile storage garages, storage buildings, greenhouses and workshops.

(2)

There shall be a maximum of two detached ABSUs on any lot. The city manager may determine that any ABSU that does not rise above one foot at any point from the abutting natural grade of a yard shall not be counted as one of the two maximum ABSUs allowed. If an ABSU is not counted as one of the two ABSUs allowed, it shall also not count towards the percentage of maximum cover allowed on a lot.

(3)

An ABSU shall be considered detached unless it is substantially connected to the main building. The term "substantially connected" shall mean attached to the main structure by a solid wall with or without a door or cased opening in the wall and surrounded by solid walls with or without windows and doors, and a roof covering the entire ABSU that meets the minimum requirements of a roof for a residential or commercial habitable building.

(4)

Except for an attached garage, which can be in the side yard, an ABSU shall be in the back yard and at least 75 feet from the front property line and shall not encroach onto any recorded easement.

(5)

A detached ABSU must observe the side and rear yard setbacks established in the district regulations for each district

(6)

The height of an ABSU shall not exceed the height of the main building or 25 feet, whichever is less.

(7)

There shall be a minimum spacing of ten feet between any detached ABSU and the main building and any other ABSU on the property.

(8)

Any accessory building larger than 120 square feet shall not be constructed of sheet metal.

(g)

General lighting standards.

(1)

Outdoor lighting shall be designed to provide lighting necessary to ensure adequate safety, night vision, and comfort and/or aesthetics and not create or cause excessive glare onto adjacent properties and public street rights-of-way.

(2)

Any bright light shining onto an adjacent property or streets that would result in a safety hazard or nuisance is not permitted.

(3)

When approved, commercial accent lighting shall be directed downward onto the structure or object and not toward the sky or adjacent properties. Direct light emissions shall not be visible above the roofline or beyond the building edge.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Generally. In the A single-family dwelling district, no land shall be used and no building shall be erected for or converted to any use other than single-family residences and accessory buildings and structures, usual and customary to permitted uses in this district when meeting the requirements of section 50-36(f). Habitable accessory uses shall not be rented, but may be occupied by occasional non-paying guests and by full-time employees living on the premises who function as domestic help or caregivers.

(b)

Municipally owned buildings and structures. In addition, the following uses are allowed if a special use permit (SUP) is approved by the city council in accordance with this chapter:

(1)

Noncommercial public parks, playgrounds and athletic fields and public, private or denominational schools having a curriculum equivalent to grades 1 through 12 of a public school.

(2)

Telephone exchange and telecommunication facilities, without business offices, storage, or maintenance facilities, if required by an overriding state or federal law.

(3)

Railroad rights-of-way and tracks, bridges, signals, and other railroad appurtenances except railroad yards, classification tracks, team tracks, storage yards, passenger stations, freight stations, fueling facilities, fuel oil tanks, roundhouses, repair shops, offices, and tie treatment facilities.

(4)

Electrical facilities and electrical energy facilities, transformers, relay and substations, poles and wires, natural gas handling and regulating stations, and private, public utility, and common pipelines subject to the approval required under other ordinances, except office buildings, storage facilities, repair and maintenance facilities, and generating facilities.

(5)

Churches, so long as the lot frontage and all ingress and egress is from a street within a minimum 60-foot wide public right-of-way that meets all of the following conditions:

a.

Minimum of two lanes at least 15 feet wide each and paved with asphalt, concrete, or municipally approved surface;

b.

Designed and used as a through street where traffic can enter and leave the community; and

c.

The predominant use of properties with the front yard of the lot on the street is other than single-family residential.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the A single-family dwelling districts, there shall be a living area of not less than 1,800 square feet, except that in nonconforming lots the minimum living area may be 1,600 square feet.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall have more than two stories or exceed 35 feet in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Front yard. There shall be a minimum front yard setback of 40 feet or 20% of the depth of the lot, whichever is greater, except where the area of a lot is less than 15,000 square feet the minimum front yard setback shall be 35 feet.

(b)

Side yard. The minimum side yard setbacks for all buildings and structures shall be ten feet except that on a corner lot the street side yard shall be not less than 20 feet.

(c)

Rear yard. There shall be a minimum rear yard setback of 20 feet from the rear property line of the lot except that a detached accessory building shall be at least five feet from the rear properly line.

(d)

Minimum lot area. All building lots in this district shall contain not less than 14,000 square feet.

(e)

Buildings. Buildings and structures on any one lot must not cover more than one-third of the entire lot area.

(f)

Parking space. Off-street parking space shall be provided on the lot to accommodate a minimum of two automobiles for each dwelling unit; however, no portion of any garage, carport or other automobile storage structure shall be located within the required front yard.

(g)

Additions to house fronts. Except for steps, unenclosed balconies and porches, additions to residential structures shall not protrude past the front house line. Any permitted additions shall be built with exterior finish materials similar to the exterior finish materials of the main structure.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-03-09, §§ 1, 2, 3-9-2021)

Dwellings shall be constructed of masonry or other material permitted pursuant to Chapter 3000 of the Texas Government Code, to the extent of not less than 75 percent of overall exterior walls exclusive of window and door openings. Any accessory building larger than 120 square feet constructed to serve a single-or multiple-family structure must also be constructed of masonry to the extent of not less than 75 percent of exterior overall wall area exclusive of window and door openings. The non-masonry exterior of a dwelling or accessory building may not be constructed of sheet metal unless permitted by applicable state law.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Fences in the required front yard may not be higher than three feet and may not be constructed of materials other than wood, wrought iron, brick, stone, stucco or finished concrete, and side or rear yard fences may not be higher than eight feet and may not be constructed of materials other than galvanized chain link, wood, wrought iron, brick, stone, stucco or finished concrete. Fiber cement material, such as Hardie board or Hardie panel, is prohibited fence material.

(b)

The replacement of more than 25 percent in a one-year period of an existing fence not constructed of the materials authorized in this section shall require reconstruction of the fence with the materials authorized in this section.

(c)

On a corner lot, no fence, structure or shrubbery exceeding 18 inches in height may exist within the area created by a straight line connecting two points that are respectively 30 feet along the front and side property lines from a street intersection[JT35].

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Parking of vehicles in unenclosed front and side yards. No vehicle whatsoever shall be parked in the unenclosed side or front yard of any residential premises except on (1) a paved driveway leading to or within a carport or enclosed garage or (2) a semi-circular driveway with or without a porte-cochere. For the purposes of this section, a garage includes a garage converted to a livable space.

(b)

Parking of utility and recreational vehicles.

(1)

No mobile home, manufactured home, trailer, semi-trailer, commercial or agricultural tractor, boat, recreational vehicle or any other towed or self-propelled utility or recreational vehicle or device may be parked, stored, or placed in the A Single-Family District unless it meets the conditions of this section.

(2)

If a vehicle described in this subsection is parked on the street (in compliance with other city regulations) or in the driveway in front of the house, or in a carport open on one or more sides, the vehicle must have legally affixed a current registration and license, must be otherwise street legal, must be capable of operating under its own power, must be titled to an owner, resident, or guest, must have not more than two axles, must be a vehicle designed and used for noncommercial purposes and for transporting nine or fewer passengers; and must not be a bus, recreational vehicle, tractor, or truck (except for personal pickup trucks not designed or used for agricultural or commercial purposes).

(c)

Inoperable vehicle parking permits. Upon obtaining a permit from the city manager's office, an inoperable vehicle may be parked or stored on the property while undergoing repairs or restoration for a period of up to 90 days if:

(1)

The vehicle is parked in a garage that remains closed to view from the street, alley, and neighboring properties; or

(2)

If parked in the rear yard inside the setbacks for a principal building and on a surfaced area accessed by a driveway and inside a perimeter fence enclosing the entire rear yard and meeting the definition of a "screening device," as long as no unhealthy, unsanitary, or hazardous conditions exist and none are created by the parking or storage of the inoperable vehicle.

The city manager shall not issue permits pursuant to this subsection (c) for more than one inoperable vehicles for any one property.

(d)

Boats and recreational vehicles.

(1)

Garage or screened area parking. A boat with a trailer or a recreational vehicle may be parked in a garage that remains closed to view from the street, alley, and neighboring properties or it may be parked in the rear yard inside the setbacks for a principal building and on a surfaced area accessed by a driveway and inside a perimeter fence enclosing the entire rear yard and meeting the definition of a screening device provided in section 50-1, as long as no unhealthy, unsanitary, or hazardous conditions exist and none are created by the parking or storage of the boat, trailer, or recreational vehicle.

(2)

Permits for driveway parking. A permit hereunder for boats and recreational vehicles only may be issued by the city manager or his designee for driveway parking for not more than three days in any 30-day period for the purpose of preparation for, and cleaning after, a recreational outing.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-03-09, § 18, 3-9-2021; Ord. No. 2021-08-10-A, 8-10-2021)

No building may be moved into the A single-family dwelling district unless it complies with all regulations in the district.

(Code 1995, § 31.405(a))

In the AA Single-Family District, no land shall be used and no building shall be erected for or converted to any use other than a single-family residence, a non-habitable accessory building and structure usual and customary to permitted uses in this district when meeting the definition of section 50-1 and the requirements of section 50-36(f) or a municipally owned building or structure.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the AA single-family district, there shall be a living area of not less than 1,800 square feet.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall be more than two stories or exceed 35 feet in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Front yard. The minimum front yard setback shall be 20 feet.

(b)

Side yard. The minimum side yard setback shall be five feet except that on a corner lot, the street side yard setback shall be no less than 20 feet.

(c)

Rear yard. The minimum rear yard setback shall be 20 feet.

(d)

Lot area. All building lots in this district shall contain not less than 7,500 square feet.

(e)

Parking. Off-street parking space shall be provided on the lot to accommodate a minimum of two motor cars for each dwelling unit; however, no portion of any garage, carport, or other automobile storage structure shall be located in the required front yard.

(f)

Additions to house fronts. Except for steps, unenclosed balconies and porches, additions to residential structures shall not protrude past the front house line. Any permitted additions shall be built with exterior finish materials similar to the exterior finish materials on the main structure.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-03-09, §§ 3—5, 3-9-2021)

The requirements and regulations specified in sections 50-65—50-68 shall apply to all property within the AA single-family district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the AAA Townhouse District, no land shall be used and no building shall be erected for or converted to any use other than single-family residences.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the AAA Townhouse District, there shall be a living area of not less than 1,000 square feet per townhouse unit. Lots in the AAA District shall not be less than 7,250 square feet. There shall not be more than six townhouse units per gross acre.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall be more than two stories or exceed 35 feet in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Front yard. The minimum front yard setback shall be 20 feet.

(b)

Rear yard. The minimum rear yard setback shall be 20 feet.

(c)

Side yards on corner lots. The minimum side yard setback on a corner lot where not abutting a townhouse unit shall be 20 feet.

(d)

Side yards on non-corner lots. The minimum side yard setback on a non-corner lot where not abutting a townhouse unit shall be ten feet.

Off-street parking spaces shall be provided to accommodate a minimum of two motor cars for each townhouse unit. No portion of any garage, carport, or other automobile storage structure shall be located in the required front yard.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Townhouses shall be constructed of masonry or other material permitted pursuant to Chapter 3000 of the Texas Government Code, to the extent of not less than 75 percent of overall exterior walls exclusive of window and door openings. The non-masonry exterior of a townhouse may not be constructed of sheet metal unless permitted by applicable state law.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

A firewall of materials and construction approved by the fire chief (or his designee) shall separate living areas of each connected townhouse unit. Firewalls shall be constructed continuously from the foundation to the roof.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Except for steps, unenclosed balconies, and porches, additions to townhouse structures shall not protrude past the front house line. Any permitted additions shall be built with exterior finish materials similar to the exterior finish materials on the main structure.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No accessory building may be located or placed on a lot in the AAA townhouse district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No structure may be built on any designated utility easement.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Fences in the required front yard may not be higher than three feet and may not be constructed of materials other than wood, wrought iron, brick, stone, stucco or finished concrete. Side yard or rear yard fences may not be higher than eight feet and may not be constructed of materials other than galvanized chain link, wood, wrought iron, brick, stone, stucco or finished concrete. Fiber cement material, such as Hardie board or Hardie panel, is prohibited fence material.

(b)

If more than 25 percent of an existing fence is replaced in a one-year period, then the replacement fence must be constructed using materials authorized in this section.

(c)

No fence, structure or shrubbery exceeding 18 inches may exist within the area created by a straight line connecting two points that are respectively 30 feet along the front and side property lines from a street intersection.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

No vehicles whatsoever shall be parked beyond eight hours on any city-owned unimproved right-of-way.

(b)

No mobile home, manufactured home, trailer, semi-trailer, commercial or agricultural tractor, boat, recreational vehicle, bus, or truck (other than personal pickup trucks not designed or used for agricultural or commercial purposes) may be parked, stored, or placed in the AAA townhouse district.

(c)

Covered off-street parking shall be provided on the basis of two spaces for each townhouse, provided that no supporting member of any garage, carport, or automobile storage structure shall be located within the required front yard.

(d)

No inoperable vehicles may be stored in the AAA townhouse district, except in an enclosed area.

(Code 1995, § 31.420.6(f)—(i))

(a)

In the B duplex district, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Single-family or two-family residences.

(2)

Accessory buildings and structures usual and customary to permitted uses in this district when meeting the requirements of section 50-36(f). Habitable accessory uses shall not be rented, but may be occupied by occasional non-paying guests and by full-time employees living on the premises who function as domestic help or caregivers.

(3)

Municipally owned buildings and structures.

(b)

In addition, the following uses are allowed if a special use permit (SUP) is approved by the city council in accordance with this chapter:

(1)

Noncommercial public parks, playgrounds and athletic fields and public, private, or denominational schools having a curriculum equivalent to grades one through 12 of a public school.

(2)

Telephone exchange facilities, without business offices, storage, or maintenance facilities, if required by an overriding state or federal law.

(3)

Railroad rights-of-way and tracks, bridges, signals, and other railroad appurtenances except railroad yards, classification tracks, team tracks, storage yards, passenger stations, freight stations, fueling facilities, fuel oil tanks, roundhouses, repair shops, offices, and tie treatment facilities.

(4)

Electrical facilities and electrical energy facilities, transformers, relay and substations, poles and wires, natural gas handling and regulating stations, and private, public utility, and common pipelines subject to the approval required under other ordinances, except office buildings, storage facilities, repair and maintenance facilities, and generating facilities.

(5)

Churches, so long as the lot frontage and all ingress and egress is from a street having a minimum 60-foot public right-of-way that meets all of the following conditions:

a.

A minimum of two lanes, each at least 15 feet wide and paved with asphalt, concrete, or municipally approved surface;

b.

Designed and used as a secondary arterial or larger through-street where traffic can enter and leave the community; and

c.

The predominant use of properties with front yards of the lots on the same street as, and within 200 feet of, the front yard of the church is other than single-family residential.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the B duplex district, there shall be a living area of not less than 1,600 square feet for a single-family dwelling and 1,000 square feet per dwelling unit in a duplex.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall be more than two stories or exceed 35 feet in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Front yard. There shall be a minimum front yard setback of 35 feet of the depth of the lot.

(b)

Side yard. The minimum side yard setback shall be ten feet, except on a corner lot the street side yard setback shall be not less than 20 feet.

(c)

Rear yard. There shall be a minimum rear yard setback of 20 feet from the rear property line of the lot except that a detached accessory building shall be at least 5 feet from the rear property line.

(d)

Minimum lot area. Single-family dwelling, 14,000 square feet; duplex, 7,000 square feet per dwelling unit, with minimum lot of 14,000 square feet.

(e)

Buildings on the lot. The buildings or structures on any one lot may not cover more than one-third of total lot area.

(f)

Parking space. Off-street parking spaces shall be provided on the lot to accommodate a minimum of two motor cars for each dwelling unit; however, no portion of any garage, carport or other automobile storage structure shall be located within the required front yard.

(g)

Additions to house fronts. Except for steps, unenclosed balconies and porches, additions to residential structures shall not protrude forward of the front house line. Any permitted additions shall be built with exterior finish materials similar to the exterior finish materials of the main structure.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-03-09, §§ 6, 7, 3-9-2021)

The provisions of section 50-66 apply to the B duplex district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No inoperable vehicles or trailers of any type may be parked or stored in the front yard of the B duplex district, but may be parked or stored in the rear yard proper or in an enclosed area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building may be moved into the B duplex district unless it complies with all regulations in the district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the C Low-Rise Apartment District, no land shall be used and no building shall be erected for or converted to any use other than apartments and uses allowed in the B district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the C apartment district, there shall be a living area of not less than:

(1)

Single-family dwelling—1600 square feet.

(2)

Duplex—1,000 square feet per dwelling.

(3)

Apartments—700 square feet for a one-bedroom apartment, plus 150 square feet for each additional bedroom in the apartment unit.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall exceed two stories or 35 feet in height.

(Code 1995, § 31.603)

(a)

Front yard. There shall be a minimum front yard setback of 25 feet of the depth of the lot.

(b)

Side yard. The minimum side yard setback shall be:

(1)

Residences—ten feet, except an accessory building located in the rear yard may by located within five feet of the side lot line.

(2)

Apartments—ten feet, except where adjacent to an A, AA, AAA, or B district side yard, when it must be 15 feet. On corner lots, front yards must be provided on both streets.

(c)

Rear yard. There shall be a minimum rear yard setback of 20 feet from the rear property line of the lot except that a detached accessory building shall be at least 5 feet from the rear property line.

(d)

Minimum lot area.

(1)

Single-family dwelling—14,000 square feet.

(2)

Duplex—7,000 square feet per dwelling unit; minimum lot area 14,000 square feet.

(3)

Apartments—1,500 square feet per dwelling unit; minimum lot area 14,000 square feet.

(e)

Buildings. Buildings or structures on any one lot must not cover more than one-third of the entire lot area.

(f)

Parking space. Off-street under-cover parking spaces shall be provided on the lot to accommodate a minimum of two motor cars for each dwelling unit; however, there shall be no parking in the required 25-foot front yard.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-03-09, §§ 8, 9, 3-9-2021)

The provisions of section 50-66 apply to the C Low-Rise Apartment District.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No inoperable vehicles or trailers of any type may be parked or stored in the front yard of a C apartment district, but may be parked or stored in an enclosed storage area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building may be moved into the C apartment district unless it complies with all regulations in the district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

In the D High-Rise Apartment District, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

A use allowed in the C district.

(2)

High-rise apartment buildings as provided in this division.

(3)

A restaurant, newsstand, lounge, drug store, retail food shop, and personal service shops such as beauty and barber shops, in a high-rise apartment unit or project, which is three or more stories in height and in which there are 50 or more dwelling units in the building or group of buildings in the project, provided that such commercial activities are services to the residents of the project located within a principal building and are accessible to the public only through the lobby of such a building and that there is no advertising visible from the outside of the building.

(b)

Uses listed in subsection (a)(3) of this section are required to obtain a special use permit in accordance with article III of this chapter.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the D High-Rise Apartment District, there shall be a living area of not less than:

(1)

Single-family dwelling—1,600 square feet.

(2)

Duplex—1,000 square feet per dwelling unit.

(3)

Apartments—700 square feet for a one-bedroom apartment plus 150 square feet for each additional bedroom in the apartment unit.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall exceed 12 stories in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Front yard. There shall be a minimum front yard setback of 25 feet of the depth of the lot.

(b)

Side yard. Minimum side yard setbacks shall be:

(1)

Residences—There shall be a minimum rear yard setback of 20 feet from the rear property line of the lot except that a detached accessory building shall be at least 5 feet from the rear property line.

(2)

Apartments—15 feet minimum must be provided, except where adjacent to A, AA, AAA, or B districts, when it must be 20 feet, plus one additional foot of setback for each two feet of height over 20 feet, except an accessory building located in the rear yard shall not be closer than five feet to the side lot line.

(c)

Rear yards. The minimum rear yard shall be:

(1)

Residences—20 feet from the rear property line, except an accessory building located in the rear yard may be located within five feet of the rear lot line.

(2)

Apartments—20 feet plus an additional foot of setback for each two feet of height over 20 feet, except an accessory building located in the rear yard shall not be closer than five feet to the rear lot line.

(d)

Minimum lot area.

(1)

Single-family dwelling—14,000 square feet.

(2)

Duplex—7,000 square feet per dwelling unit, minimum lot area 14,000 square feet.

(3)

Apartments: Low-rise—1,500 square feet per dwelling unit, minimum lot area 14,000 square feet; high-rise—1,500 square feet per dwelling unit, minimum lot area 16,000 square feet.

(e)

Buildings or structures. Buildings or structures on any one lot must not cover more than one-third of the total lot area.

(f)

Parking space. Off-street parking space shall be provided on the lot to accommodate a minimum of two motor cars for each dwelling unit. However, no supporting member of any garage, carport, or automobile storage structure or any parking spaces except for loading and unloading shall be located within the required 25-foot front yard.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-03-09, §§ 10, 11, 3-9-2021)

(a)

Residences. The provisions of section 50-66 apply to the D High-Rise Apartment District.

(b)

Apartments. No fence may be erected in the required 25-foot front yard.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No inoperable vehicles or trailers of any type may be parked or stored in the front yard of the D High-Rise Apartment District, but may be parked or stored in an enclosed storage area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building may be moved into the D High-Rise Apartment District unless it complies with all regulations in the district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the E One-Story Office-Professional District, no land shall be used and no building shall be erected for or converted to any other use than:

(1)

Business and professional offices and office buildings, art galleries, studios for photographers, interior decorators or musicians, fine art studios, including fine arts instruction, provided that:

a.

No building may be constructed or altered to produce a storefront show window or display window and there shall be no merchandise visible from the exterior of the building.

b.

There shall be no machinery or equipment other than that which would be a usual and customary accessory to permitted uses.

c.

No adverse effect on adjacent or neighborhood properties by reason of dust, odor, vibration, noise or lighting shall be created. In connection with such uses, only one principal structure shall be permitted on any lot.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the E One-Story Office-Professional District, there shall be an enclosed area of not less than: 1,500 square feet of floor area, exclusive of garages, carports, and porches.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall exceed one story or 20 feet in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Front yard. There shall be a minimum front yard setback of 35 feet of the depth of the lot. On corner lots, the front yard setback shall be on both streets.

(b)

Side yard. Minimum side yard setbacks shall be: ten feet except where adjacent to an A, AA, or AAA District side yard, when it must be 15 feet. Accessory buildings shall not be closer than five feet to the side property lines.

(c)

Rear yard. There shall be a minimum rear yard setback of ten feet from the rear property line of the lot except that a detached accessory building shall be at least five feet from the rear property line.

(d)

Minimum lot area. All building lots shall contain not less than 5,000 square feet.

(e)

Buildings. Lot coverage for offices must be not more than one-third of the total lot area.

(f)

Parking space. Off-street parking spaces shall be provided on the lot to equal a minimum of one space for each 300 square feet of gross floor area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-03-09, §§ 12, 13, 3-9-2021)

No fence may be erected in the required front yard. An approved screening device shall be erected where an E One-Story Office-Professional District has a common side or rear yard with an A, AA, AAA, or B residential district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No inoperable vehicles or trailers of any type may be parked or stored in the front yard of an E One-Story Office-Professional District, but may be parked or stored in an enclosed storage area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building may be moved into the E One-Story Office-Professional District unless it complies with all regulations in the district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the F Two-Story Office-Professional District, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Business and professional offices and office buildings, art galleries, studios for photographers, interior decorators or musicians, fine art studios, including fine arts instruction, provided that:

a.

No building may be constructed or altered to produce a storefront show window or display window and there shall be no merchandise visible from the exterior of the building.

b.

There shall be no machinery or equipment other than that which would be a usual and customary accessory to the permitted uses.

c.

No adverse effect on adjacent or neighborhood properties by reason of dust, odor, vibration, noise, or lighting shall be created. In connection with such uses, only one principal structure shall be permitted on any lot.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the F Two-Story Office-Professional District, there shall be an area of not less than: 1,500 square feet of floor area per floor, exclusive of garages, carports, and porches.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall exceed two stories or 35 feet in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Front yard. There shall be a minimum front yard setback of 35 feet of the depth of the lot. On corner lots, the front yard setback shall be on both streets.

(b)

Side yard. Minimum side yard setbacks shall be: ten feet except where adjacent to an A, AA, or AAA district side yard, when it must be 15 feet. Accessory buildings shall not be closer than five feet to the side property lines.

(c)

Rear yard. There shall be a minimum rear yard setback of ten feet from the rear property line of the lot except that a detached accessory building shall be at least five feet from the rear property line.

(d)

Minimum lot area. All building lots shall contain not less than 5,000 square feet.

(e)

Buildings. Lot coverage must be not more than one-half of the total lot area.

(f)

Parking space. Off-street parking spaces shall be provided on the lot to equal a minimum of one space for each 300 square feet of gross floor area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-03-09, §§ 14, 15, 3-9-2021)

No fence may be erected in the required front yard. An approved screening device shall be erected where an F Two-Story Office-Professional District has a common side or rear yard with an A, AA, AAA, or B residential district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No inoperable vehicles or trailers of any type may be parked or stored in the front yard of an F Two-Story Office-Professional District, but may be parked or stored in an enclosed storage area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

In the FF Office Condominium District, no land shall be used and no building shall be erected for or converted to any use other than business and professional offices, art galleries, studios for photographers, interior decorators or musicians, fine art studios, including fine arts instruction.

(b)

No building may be constructed or altered to produce a storefront show window or display window and there shall be no merchandise visible from the exterior of the building.

(c)

There shall be no machinery or equipment other than that which would be a usual and customary accessory to permitted uses.

(d)

No adverse effect on adjacent or neighborhood properties by reason of dust, odor, vibration, noise, or lighting shall be created. In connection with such uses, only one principal structure shall be permitted on any lot.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the FF Office Condominium District, there shall be an area of not less than 1,500 square feet per condominium unit, exclusive of garages, carports, and porches. Lots in the FF Office Condominium District shall be not less than 5,000 square feet.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall be more than two stories or exceed 35 feet in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Front yard setback. The minimum front yard shall be 35 feet. On corner lots, front yards must be provided on both streets.

(b)

Rear yard setback. The minimum rear yard shall be ten feet except where adjacent to an A or AA district rear yard, when the minimum rear yard shall be 15 feet.

(c)

Side yard setback. The minimum side yard where not abutting an office condominium unit shall be ten feet except where adjacent to an A or AA district side yard, when the minimum side yard shall be 20 feet.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Off-street parking spaces shall be provided to accommodate a minimum of one space for each 300 square feet of gross floor area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

A firewall of materials and construction approved by the fire chief (or his designee) shall separate living areas of each connected condominium unit. Firewalls shall be constructed continuously from the foundation to the roof.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No accessory buildings may be located or placed on a lot in the FF Office Condominium District.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No structure may be built on any designated utility easement.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No fence may be erected in the required front yard. An approved screening device shall be erected where an FF condominium district has a common side or rear yard with an A, AA, AAA, or B residential district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No inoperable vehicles or trailers of any type may be parked or stored in the FF Office Condominium District except in an enclosed area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the G General Business District, no land shall be used and no building shall be erected for or converted to any use other than one of the following uses. No building or premises in this zoning district shall be allowed if they are noxious or offensive because of the emission of odor, smoke, dust, noise, fumes, vibration, particulate matter or lighting. Uses permitted are:

(1)

Arts and crafts, pottery and ceramic products, fabrication and sales.

(2)

Automobile gasoline service stations, including service customarily incidental.

(3)

Automobile parts and accessories sales and installation, but not body repair shops.

(4)

Banks, including drive-in/drive-through facilities.

(5)

Blueprint and printing shops.

(6)

Bowling alleys and similar enclosed commercial recreational activities.

(7)

Clinics, including small animal veterinary clinics for house pets.

(8)

Commercial schools.

(9)

Dance studios.

(10)

Drug stores and pharmacies.

(11)

Kennels for boarding house pets under the following regulations:

a.

All housing and care shall be in facilities that are totally enclosed, adequately ventilated and soundproofed.

b.

Animal external exercise areas must be suitably fenced and supervised when animals are exercising. The supervisor shall be responsible for controlling the animals, limiting sound and collecting waste so as to control odor.

c.

Waste shall be collected on a regular and routine basis, and disposed of in a secure airtight container.

d.

Facilities shall be at least 300 feet from the nearest residential housing at the nearest point measured in a straight line.

(12)

Laboratories, medical and dental.

(13)

Launderettes, laundry, dry cleaning, and dyeing establishments.

(14)

Meeting and assembly halls.

(15)

Museums.

(16)

Newsstands, book, stationery and greeting card stores.

(17)

Nursery stock and garden ornament sales.

(18)

Parking lots and parking garages.

(19)

Pawnshops licensed by the state consumer credit commission.

(20)

Photographers, portrait or camera shops, photo finishing, and picture framing.

(21)

Physical health services, gymnasiums, and reducing salons.

(22)

Rental shops, except that there shall be no rental of trucks or heavy construction equipment in connection therewith, nor shall there be any unenclosed storage of rental equipment on the premises.

(23)

Restaurants, cafeterias and delicatessens, including drive-in/drive-through facilities.

(24)

Retail stores, personal and professional service establishments, and offices, but not tattoo parlors, massage establishments, or massage parlors.

(25)

Shops for repair and servicing of bicycles, watches, clocks, electrical appliances, radio and televisions, electronic devices, computers, lawn mowers and garden tractors, shoes, and home appliances of any kind.

(26)

Tailoring and custom dressmaking shops.

(27)

Testing and technical laboratories.

(28)

Theaters, but not drive-in theaters.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2022-09-27, § 3, 9-27-2022)

A special use permit shall be required for any use in the G General Business District other than a permitted use listed in section 50-346.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2022-09-27, § 4, 9-27-2022)

In the G General Business District, except with a special use permit, each building shall have not less than 1,500 square feet of floor area, exclusive of garages, carports, and porches.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall exceed the greater of eight stories or 120 feet in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The following shall be the minimum setback and area regulations for the G General Business District:

(1)

Front yard setback: minimum ten feet.

(2)

Side yard setback: minimum ten feet except when adjacent to on an A, AA, AAA, or B District, where the minimum setback of 15 feet per story shall be provided.

(3)

Rear yard setback: minimum ten feet except when adjacent to an A, AA, AAA, or B district, where the minimum setback of 20 feet per story shall be provided.

(4)

Lot area. All building plots shall contain a minimum of 7,200 square feet.

(5)

Buildings on the lot: Lot coverage must be not more than one-third of the total lot area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

When installing parking spaces, the parking area shall be graded and drained in such a manner that there will be no increase in the historical quantity or velocity of water onto adjacent properties.

(b)

Theaters, and meeting and assembly halls shall have a minimum of one parking space per 200 square feet of specified outdoor recreational area plus a minimum of one parking space per 100 square feet of indoor recreational area.

(c)

General business and retail shall have a minimum of one parking space per 200 square feet of gross retail sales/service area, plus one parking space per 800 square feet of all other area; or, one parking space per 400 square feet of combined retail sales/service and all other area.

(d)

Personal service establishments shall have one parking space per 100 square feet of gross floor area.

(e)

Restaurants, cafeterias, delicatessens and other food serving establishments, except drive-in establishments, shall have one parking space per 100 square feet of gross floor area.

(f)

Drive-in eating establishments, where food or drink is served to customers in their vehicles, shall have a minimum of one parking spaces per 150 square feet of gross floor area, with a minimum of 20 parking spaces for on-premises consumption.

(g)

Automotive, nursery (plant) and affiliated activities shall have a minimum of one parking space per 200 square feet of retail sales/service floor area and one parking space per 800 square feet of all other area.

(h)

Shopping centers exceeding 200,000 square feet gross leasable area shall have a minimum of one parking space per 200 square feet of gross leasable area (excluding theaters).

(i)

Institutional and educational facilities shall have parking as follows:

(1)

Child/adult day care and nurseries shall have a minimum of one parking space per ten children/adults and a minimum of one parking space per office.

(2)

Elementary, primary, kindergarten, middle and junior high schools shall have a minimum of three parking spaces per classroom plus a minimum of three parking spaces per office.

(3)

College, trade and high schools shall have a minimum of ten parking spaces per classroom and a minimum of five parking spaces per office.

(4)

Institutional and educational college, trade and high schools holding classes only before or after the period of 8:00 a.m. and 5:00 p.m., Monday through Friday, and/or all day on Saturday and Sunday, shall have a minimum of one parking space per each 200 square feet of gross floor area.

(j)

Offices must have a minimum of one parking space shall be provided per each 300 square feet of gross floor area.

(k)

Clinics—medical/dental/optometry/veterinary requiring a minimum of one parking space per 200 square feet of waiting areas and examine rooms plus one parking space per 800 square feet of all other area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No fence shall exceed ten feet in height. An approved screening device not less than eight feet nor greater than ten feet in height shall be erected where G General Business District has a common side or rear yard with an A, AA, AAA, or B residential district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No trailer, piece of equipment or inoperable vehicle may be stored in front of or on the side of any G General Business District building, but may be parked/stored behind the building in an opaque enclosed area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building may be moved into the G General Business District unless it complies with all regulations in the district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Utility service items such as transformers and dumpsters shall be located such that they are either (1) not visible from any public street or (2) screened from view from any public street.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The following regulations apply to massage establishments and massage parlors.

(1)

All persons engaging in the business of massage therapy as defined in section 50-1 of this Code shall have an establishment and/or individual license as a masseur from the state department of licensing and regulation.

(2)

The massage establishment and each masseur must prominently display its, his, or her state department of licensing and regulation license at the entrance to its business premises.

(3)

The massage establishment or massage parlor must obtain a certificate of occupancy from the city and must prominently display its certificate of occupancy at the entrance to its business premises.

(4)

No massage establishment or massage parlor shall be open for business between 10:00 p.m. and 8:00 a.m. A person licensed to perform massage therapy shall be on the premises of the massage establishment or massage parlor during operating hours.

(5)

No massage establishment or massage parlor shall have any entrance or any exit way providing a direct passageway to any other type of business or any residence.

(6)

Each massage establishment and massage parlor shall be inspected in January of each year by the city fire chief for compliance with all applicable fire safety related city ordinances. The fee for the annual inspection shall be charged to and paid by the operator of the massage establishment or massage parlor. In addition, a massage establishment or massage parlor may be inspected at other times in the discretion of the city manager with or without notice. The massage establishment or massage parlor will not be charged a fee for a discretionary inspection but if a violation is identified during a discretionary inspection, then the operator of the massage establishment or massage parlor will be charged and shall pay the fee for a re-inspection.

(7)

No alcoholic beverages shall be possessed or consumed at a massage establishment or massage parlor.

(8)

Towels, cloths, sheets, and robes used at a massage establishment or massage parlor shall not be reused prior to laundering. Any equipment used in the treatment of patrons of massage establishments or massage parlors shall be maintained in a clean and sanitary condition and in good working order.

(9)

Any person who violates this section shall be deemed to be guilty of a misdemeanor and shall upon conviction be punished by a fine not to exceed $500.00. Each day a violation occurs shall be separate offenses. The city attorney or his designee is hereby authorized to file suit to enjoin any violation of this section in addition to or in lieu of any other remedies. Criminal penalties and civil remedies may be sought independently of each other. Criminal prosecution may occur regardless of civil remedies and vice versa.

(Ord. No. 2022-09-27, § 5, 9-27-2022)

In the H Special Business District, no land shall be used and no building shall be erected for or converted to any use other than one of uses set out in this section. A building or premises in this zoning district shall not be noxious or offensive because of the emission of odor, smoke, dust, noise, fumes, vibration, particulate matters or lighting. Lumber yards, storage yards, mini-storage businesses, warehouse and any use permitted in the G district are allowed in H district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

A special use permit shall be required for any use in the H District.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

In the H Special Business District, except with a special use permit, each building shall have not less than 1,500 square feet of floor area, exclusive of garages, carports, and porches.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building shall exceed the greater of eight stories or 120 feet in height.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The following shall be the area regulations for the H Special Business District:

(1)

Front yard. None.

(2)

Side yard. None, except when adjacent to an A, AA, AAA, or B district, where a minimum setback of 15 feet per story shall be provided.

(3)

Rear yard. None, except when adjacent to an A, AA, AAA, or B district, where a minimum setback of 20 feet per story shall be provided.

(4)

Lot area. All building plots shall contain a minimum of 7,200 square feet.

(5)

Buildings on the lot. Lot coverage must not be more than one-third of the total lot area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No fence shall exceed ten feet in height. An approved screening device not less than eight feet nor greater than ten feet in height shall be erected where H Special Business District has a common side or rear yard with an A, AA, AAA, or B residential district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Inoperable vehicles and equipment. No inoperable trailer, piece of equipment or inoperable vehicle may be parked or stored in front of or on the side of any H Special Business District building, but may be parked or stored behind the building in an opaque enclosed area.

(b)

Other vehicles.

(1)

For uses allowed in the H General Business District, parking requirements shall be as set out in section 50-351.

(2)

Lumber yards shall meet the parking requirements set out in section 50-351(g).

(3)

Storage yards shall have off-street parking at the rate of one parking space per 2,000 square feet of gross storage area.

(4)

Warehouses shall have off-street parking at the rate of one parking space per 2,000 square feet of gross warehouse area.

(5)

Mini-warehouses shall have a minimum of three off-street parking spaces per office area.

(6)

Any other uses shall provide off-street parking at the rate of one parking space per 800 square feet of gross floor area.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No building may be moved into the H special business district unless it complies with all regulations of the district.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Utility service items such as transformers and dumpsters shall be located such that they are either (1) not visible from any public street or (2) screened from view from any public street.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Generally. In the RR Rural Residential District, no land shall be used and no building shall be erected for or converted to any use other than single-family residences and accessory buildings and structures, usual and customary to permitted uses in this district when meeting the requirements of section 50-36(f). Habitable accessory uses shall not be rented but may be occupied by occasional non-paying guests and by full-time employees living on the premises who function as domestic help or caregivers. Due to the limited capability to support increased traffic and parking, no property in this district may be rented for purposes of public assembly or used for such purposes on a frequent or regular basis.

(b)

The following uses are allowed if a special use permit (SUP) is approved by the city council in accordance with this chapter:

(1)

Telephone exchange and telecommunication facilities, without business offices, storage, places of personnel assembly, or maintenance facilities, only if required by an overriding state or federal law.

(2)

Electrical facilities and electrical energy facilities, transformers, relay and substations, poles and wires, natural gas handling and regulating stations, and private, public utility, and common pipelines only when necessary to provide service to property within the city and subject to the approval required under other ordinances, except office buildings, places of public assembly, storage facilities, repair and maintenance facilities, and generating facilities.

(Ord. No. 2021-01-12, § 2, 1-12-2021)

In the RR Rural Residential District, there shall be a living area of not less than 1,800 square feet, except that in nonconforming lots the minimum living area may be 1,600 square feet.

(Ord. No. 2021-01-12, § 2, 1-12-2021)

No building shall have more than two stories or exceed 35 feet in height.

(Ord. No. 2021-01-12, § 2, 1-12-2021)

(a)

Front yard. There shall be a minimum front yard setback of 50 feet or 20 percent of the depth of the lot.

(b)

Side yard. The minimum side yard setbacks for all buildings and structures shall be 25 feet.

(c)

Rear yard. There shall be a minimum rear yard setback of 25 feet from the rear property line of the lot except that a detached accessory building shall be at least 5 feet from the rear property line.

(d)

Lot depth. All lots shall have a depth of not less than 150 feet.

(e)

Lot width. All lots shall have a width of not less than 100 feet.

(f)

Minimum lot area. All building lots in this district shall contain not less than 32,670 square feet (0.75 of an acre).

(g)

Impervious cover. Buildings, structures, and other impervious cover on any one lot must not cover more than 35 percent of the entire lot area.

(h)

Parking space. Off-street parking space shall be provided on the lot to accommodate a minimum of two automobiles for each dwelling unit; however, no portion of any garage, carport or other automobile storage structure shall be located within the required front yard.

(i)

Additions to house fronts. Except for steps, unenclosed balconies and porches, additions to residential structures shall not protrude past the front house line. Any permitted additions shall be built with exterior finish materials similar to the exterior finish materials of the main structure.

(j)

Maximum number of unattached structures. There shall be a maximum of two unattached structures per lot.

(Ord. No. 2021-01-12, § 2, 1-12-2021; Ord. No. 2021-03-09, § 16, 17, 3-9-2021)

Dwellings shall be constructed of masonry or other material permitted pursuant to Chapter 3000 of the Texas Government Code, to the extent of not less than 75 percent of overall exterior walls exclusive of window and door openings. Any accessory building larger than 120 square feet constructed to serve a single-or multiple-family structure must also be constructed of comparable material to the extent of not less than 75 percent of exterior overall wall area exclusive of window and door openings, The non-masonry exterior of a dwelling or accessory building may not be constructed of sheet metal unless permitted by applicable state law.

(Ord. No. 2021-01-12, § 2, 1-12-2021)

(a)

Fences in the required front yard may not be higher than three feet and may not be constructed of materials other than wood, wrought iron, brick, stone, stucco or finished concrete, and side or rear yard fences may not be higher than eight feet and may not be constructed of materials other than galvanized chain link, wood, wrought iron, brick, stone, stucco or finished concrete. Fiber cement material, such as Hardie board or Hardie panel, is prohibited fence material.

(b)

The replacement of more than 25 percent in a one-year period of an existing fence not constructed of the materials authorized in this section shall require reconstruction of the fence with the materials authorized in this section.

(c)

On a corner lot, no fence, structure or shrubbery exceeding 18 inches in height may exist within the area created by a straight line connecting two points that are respectively 30 feet along the front and side property lines from a street intersection.

(Ord. No. 2021-01-12, § 2, 1-12-2021)

(a)

Parking of vehicles in unenclosed front and side yards. No vehicle whatsoever shall be parked in the front yard or unenclosed side yard of any residential premises except on the paved driveway thereof, or in a carport or garage.

(b)

Parking of utility and recreational vehicles.

(1)

No mobile home, manufactured home, trailer, semi-trailer, commercial or agricultural tractor, boat, recreational vehicle or any other towed or self-propelled utility or recreational vehicle or device may be parked, stored, or placed in the RR Rural Residential District unless it meets the conditions of this section.

(2)

If a vehicle described in this subsection is parked on the street (in compliance with other city regulations) or in the driveway in front of the house, or in a carport open on one or more sides, the vehicle must have legally affixed a current registration and license, must be otherwise street legal, must be capable of operating under its own power, must be titled to an owner, resident, or guest, must have not more than two axles, must be a vehicle designed and used for noncommercial purposes and for transporting nine or fewer passengers; and must not be a bus, recreational vehicle, tractor, or truck (except for personal pickup trucks not designed or used for agricultural or commercial purposes).

(c)

Inoperable vehicle parking permits. Upon obtaining a permit from the city manager's office, an inoperable vehicle may be parked or stored on the property while undergoing repairs or restoration for a period of up to 90 days if:

(1)

The vehicle is parked in a garage that remains closed to view from the street, alley, and neighboring properties; or

(2)

If parked in the rear yard inside the setbacks for a principal building and on a surfaced area accessed by a driveway and inside a perimeter fence enclosing the entire rear yard and meeting the definition of a "screening device," as long as no unhealthy, unsanitary, or hazardous conditions exist and none are created by the parking or storage of the inoperable vehicle.

The city manager shall not issue permits pursuant to this subsection (c) for more than one inoperable vehicles for any one property.

(d)

Boats and recreational vehicles.

(1)

Garage or screened area parking. A boat with a trailer or a recreational vehicle may be parked in a garage that remains closed to view from the street, alley, and neighboring properties or it may be parked in the rear yard inside the setbacks for a principal building and on a surfaced area accessed by a driveway and inside a perimeter fence enclosing the entire rear yard and meeting the definition of a screening device provided in section 50-1, as long as no unhealthy, unsanitary, or hazardous conditions exist and none are created by the parking or storage of the boat, trailer, or recreational vehicle.

(2)

Permits for driveway parking. A permit hereunder for boats and recreational vehicles only may be issued by the city manager or his designee for driveway parking for not more than three days in any 30-day period for the purpose of preparation for, and cleaning after, a recreational outing.

(Ord. No. 2021-01-12, § 2, 1-12-2021; Ord. No. 2021-03-09, § 19, 3-9-2021)

No building may be moved into the RR Rural Residential DISTRICT unless it complies with all regulations in the district.

(Ord. No. 2021-01-12, § 2, 1-12-2021)

Platted lots in the RR Rural Residential zoning district that were less than 0.75 of an acre on August 10, 2021, shall be considered legal lots. The owners of platted lots in the RR Rural Residential zoning district that were less than 0.75 of an acre on August 10, 2021, shall not be required to obtain a variance due to the size of the lots in order to have a residence constructed or reconstructed on such lots. Setbacks for platted lots in the RR Rural Residential zoning district that were less than 0.75 of an acre on August 10, 2021, shall be the same as the setbacks in the A Single Family District.

(Ord. No. 2021-10-12, 10-12-2021)

The Planned Unit Development District (PUD District) is a free-standing district designed to provide for the development of land as an integral unit for single or mixed uses in accordance with a plan that may vary from the established regulations of other zoning districts. It is the intent in such a district to ensure compliance with good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning classifications.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

An application for a PUD District shall be processed in accordance with this chapter. A pre-planning conference is required between the applicant and the city manager or the city manager's designee prior to the actual filing of the initial application.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

A base zoning district shall be specified in the initial application. The regulations in the base zoning district shall control, except as otherwise provided in the approved detail plan for the PUD District.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

There are two types of plans that may be used in the planned unit development application process. The general purpose and use of each plan are described as follows:

(1)

Concept plan. This plan is intended to be used as the first step in the planned unit development application process. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, development standards, and approximate road locations; and it illustrates the integration of these elements into the plan for the whole district.

(2)

Detail plan. The detail plan is the final step of the planned unit development process. It contains the details of development for the property.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Concept plan requirements shall comply with or be more restrictive than the standards established in the base zoning district for the specific type uses allowed in the district, except that modifications in these regulations may be granted if it shall be found that such modifications are in the public interest, are in harmony with the purposes of this chapter and will not adversely affect nearby properties. Said concept plan shall include the following:

(1)

Relation to the comprehensive plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan and the degree to which it is consistent with that plan and with the proposed base zoning district.

(2)

Acreage. The total acreage within the proposed district.

(3)

Survey. An accurate legal description of the boundaries of the district.

(4)

Land uses. Proposed general land uses and the acreage for each use, including open space. For residential development, the total number of units and the number of units per acre.

(5)

General thoroughfare layout. All proposed streets.

(6)

Development standards. Development standards, if different from the base zoning district, for each proposed land use, as follows:

a.

Minimum lot area.

b.

Minimum lot width and depth.

c.

Minimum front, side, and rear building setback areas.

d.

Maximum height of buildings.

e.

Maximum building coverage.

f.

Maximum floor to area ratios for nonresidential uses.

g.

Minimum parking standards for each general land use.

(7)

Existing condition. On a scaled map sufficient to determine detail, the following shall be shown for the area within the proposed district.

a.

Topographic contours of ten feet or less.

b.

Existing streets.

c.

Existing 100-year floodplain, floodway and major drainage ways.

d.

City limits.

e.

Zoning districts within and adjacent to the proposed district.

f.

Land use.

g.

Utilities, including water, wastewater and electric lines.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The final application for a PUD District shall include a detail plan consistent with the concept plan. A detail plan, with all of the information required of a concept plan, may be submitted simultaneously with a concept plan. A detail plan shall include the following:

(1)

Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor.

(2)

Land uses. Permitted uses, specified in detail, and the acreage for each use.

(3)

Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the city manager, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities.

(4)

Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses.

(5)

Buildings. The locations, maximum height, maximum floor area and minimum setbacks for all nonresidential buildings.

(6)

Residential development. The numbers, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density).

(7)

Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water retention or major drainage facilities and improvements. A drainage plan by a professional engineer shall be an integral part of this requirement.

(8)

Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district.

(9)

Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be for public or private use.

(10)

Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use.

(11)

Landscape plan. If multifamily or nonresidential development, a landscape plan unless the project will fully comply with the landscape ordinance, as amended.

(12)

Lighting. The number, locations, maximum height, and maximum light output for all outdoor lighting.

(13)

Screening. The location, material, and minimum and maximum height of screening devices and fencing.

(14)

To the extent not otherwise provided, all information contained in the concept plan requirements of section 50-411 of this chapter.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

City council may, after receiving a recommendation or report from the zoning commission, act on a proposed concept plan.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(1)

An applicant may submit a concept plan and a detail plan simultaneously for approval.

(2)

The zoning commission shall not approve the detail plan or an amended detail plan unless it finds that:

(a)

Compliance. The plan complies with the concept plan approved for that property and the standards and conditions of the PUD district;

(b)

Compatibility. The plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhood or properties outside the plan;

(c)

Circulation of vehicular traffic. The plan provides for the adequate and safe circulation of vehicular traffic; and

(d)

Police chief and fire chief approval. The city police chief and city fire chief have approved such plan.

(3)

If not considered simultaneously with a concept plan application, the city council may, after receiving a recommendation or report from the zoning commission, act on a proposed detail plan for which a concept plan has previously been approved. An approved detail plan shall be made part of the ordinance establishing the PUD District. An approved detail plan shall be permanently filed with the city.

(1)

Changes in concept plan. A previously approved concept plan may only be amended by city council after receiving a recommendation or report from the zoning commission.

(2)

Changes in detail plan. A previously approved detail plan may only be amended by ordinance by city council after receiving a recommendation or report from the zoning commission.

(3)

An amendment to the concept plan or an amendment to the detail plan will not extend the time limits in section 50-416.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The zoning commission, in making its recommendation or report, and the city council, in considering final action on a planned development district, should consider the following criteria:

(1)

Whether the proposed planned development district implements the policies of the adopted comprehensive land plan;

(2)

Whether the proposed planned development district promotes the health, safety, or general welfare of the city and the safe, orderly, efficient and healthful development of the city;

(3)

Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;

(4)

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area;

(5)

The extent to which the proposed planned development district will result in a superior development than could be achieved through conventional zoning; or

(6)

Other criteria which, at the discretion of the zoning commission and city council are deemed relevant and important in the consideration of the amendment.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(1)

Expiration of concept plan. If an approved concept plan is not followed by a detail plan application filed with the city manager within one year of such concept plan approval or if the respective detail plan is not approved by city council within one year after the detail plan filing date, the concept plan shall automatically expire and no longer be valid.

(2)

Expiration of detail plan. A detail plan shall be valid for two years from the date of its approval. If a building permit has not been issued or construction begun on the detail plan within the two years, the detail plan shall automatically expire and no longer be valid. The city council may, prior to expiration of the detail plan, for good cause shown, extend for up to 12 months the time for which the detail plan is valid.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The total development of any PUD District shall not be less than two acres for nonresidential developments and five acres with a minimum lot size of 7,500 square feet for residential developments.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Home BUSINESS OCCUPAtions shall be permitted only in the A, AA, AAA, B, C, and D districts. The home occupation must be subordinate to the main use or dwelling unit for residential purposes.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Home occupations are permitted in any dwelling unit or properly permitted accessory building subject the following conditions:

(1)

The appearance of the dwelling unit or properly permitted accessory building shall not be altered nor shall the home occupation be conducted in a manner which would cause the premises to differ from its residential character either by use of colors, materials, construction, lighting, signs, increased traffic or emissions of odors, sounds, or vibrations. The city's noise and nuisance regulations are also applicable.

(2)

No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.

(3)

Only the resident occupants of the dwelling unit and one person not permanently residing in the dwelling unit shall be employed for hire or as a volunteer of the home occupation.

(4)

Except for a home occupation for school or child care, the home occupation shall be conducted entirely within the dwelling unit or a properly permitted accessory building. Use of carports or front yards for a home occupation is prohibited. A home occupation for school or child care may use the rear yard for such home occupation during daylight.

(5)

The use of electrical and mechanical equipment that would change the fire rating of the dwelling or create a visible or audible interference in radio or television receivers or cause fluctuations in line voltage outside the dwelling unit is prohibited.

(6)

The home occupation shall not involve the use of commercial vehicles larger than one ton or delivery of materials to and from the premises other than mail and private delivery service vehicles such as Federal Express or UPS between 8:00 a.m. and 7:00 p.m.

(7)

Sales and services to patrons shall be arranged by appointment and scheduled so that not more than two patron vehicles are on the premises at the same time.

(8)

A minimum of two additional parking spaces shall be provided on premises. All parking shall comply with the most recently adopted rules and ordinances for stopping, standing and parking.

(9)

Except for advising or consulting, the home occupation shall not involve medical or dental care, including, but not limited to a clinic, hospital, nursing home, or laboratory.

(10)

The home occupation shall not involve funeral or taxidermy services, tattoo parlors, furniture stores, restaurants, or clubs.

(11)

The home occupation shall not involve vehicle or boat sales, repair, or painting; heating, electrical, plumbing, construction or air conditioning services; glazier's or painting services; or equipment or vehicle rental.

(12)

The home occupation shall not involve animal care, such as a stable, kennel, veterinary practice, or boarding or breeding of animals.

(13)

The home occupation shall not involve school or child care for more than four children or adult care for more than two adults.

(14)

The owner of the property where a home occupation is conducted shall register the home occupation with the city by completing a registration from identifying the street address of the property where the home occupation is being conducted, the name(s) of the persons(s) conducting the home occupation, and a description of the home occupation.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

A legal nonconforming use (as defined in section 50-1) in existence upon adoption of this Division 14 may be continued but is subject to the provisions of section 50-6 concerning nonconforming uses.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Shared group housing for disabled persons meeting all requirements of Chapter 123 of the Texas Human Resources Code shall be permitted in all zoning districts, subject to the following conditions:

(1)

Not more than six disabled persons, regardless of their legal relationship to one another, and two supervisory personnel/care providers may reside in one group home for disabled persons at the same time.

(2)

A group home must provide the disabled residents the following services: food and shelter, personal guidance, care, habilitation services, and supervision.

(3)

Subject to other city regulations, the residents of a group home may not keep, on the premises of the home or on the public rights-of-way adjacent to the home, more than one motor vehicle per bedroom for the use of residents of the home.

(4)

A group home must meet all applicable licensing requirements.

(5)

A group home may not be established within a radius of one-half mile of a previously existing group home for disabled persons.

(6)

Any single-family dwelling unit that is proposed to be used for shared group housing for the disabled shall provide a minimum the following square footage in each bedroom:

a.

To house one disabled person per bedroom, 120 square feet per bedroom is required for each bedroom so designated.

b.

To house two disabled persons per bedroom, 150 square feet per bedroom is required for each bedroom so designated.

(7)

Any residence proposed to be used for shared group housing for disabled persons shall provide a separate bedroom for the supervisory personnel/care providers.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

The operator of shared group housing must apply for and obtain a certificate of occupancy before such use may be implemented. A certificate of occupancy for shared group housing must be renewed each year within 30 days of each annual anniversary of the date of issuance of the original certificate of occupancy.

(b)

The fire chief or his designee shall conduct a fire inspection of the shared group home annually within 30 days of each annual anniversary of the date of issuance of the original certificate of occupancy. In July of each year, the fire chief or his designee shall conduct a fire inspection of each shared group home established prior to the requirement that a certificate of occupancy was to be obtained prior to operation of shared group housing for disabled persons. Any applicable inspection fees shall be paid by the operator of a shared group home.

(c)

The city health inspector or his designee shall conduct a health inspection and a kitchen inspection of the shared group home annually within 30 days of each annual anniversary of the date of issuance of the original certificate of occupancy. In July of each year, the city health inspector or his designee shall conduct a health inspection and a kitchen inspection of each shared group home established prior to the requirement that a certificate of occupancy was to be obtained prior to operation of shared group housing for disabled persons. Any applicable inspection fees shall be paid by the operator of a shared group home.

(d)

Not later than January 31 of each calendar year, the owner or operator of the shared group home shall provide written evidence to the city of:

(1)

Which provision under V.T.C.A., Human Resources Code § 123.004 the operator of the facility is licensed and;

(2)

Current and valid state licenses of the operator of the facility.

(e)

There shall be no exterior display or sign with the exception that a name plate, not exceeding one square feet in area, may be permitted when attached to the front of the main structure provided that the name plate is not illuminated and is attached flat to the dwelling unit or visible through a window.

(f)

No exterior construction features shall be permitted which would place the structure out of character with the surrounding residential neighborhood.

(g)

The group home must at all times be in compliance with the fire code, the property maintenance code, and all other international or technical codes adopted by the city.

(Ord. No. 2022-09-13, § 1, 9-13-2022)

(a)

Purpose. Regulations governing solar energy systems are established to provide for appropriate locations for solar energy systems, to ensure compatibility with surrounding uses, and to promote safe and effective use of solar energy to increase opportunities for generation of renewable energy.

(b)

Specific standards and requirements.

(1)

In general. Solar energy systems are permitted in all zoning districts, subject to the standards and requirements of this section. Solar collector surfaces and all mounting devices shall comply with the minimum yard requirements of the district in which they are located. Screening of solar collector surfaces shall not be required.

(2)

Building-mounted solar energy systems.

(i)

Building-mounted solar energy systems shall not extend higher than the maximum allowed height in the zoning district where the building is located.

(ii)

The solar collector surface and mounting devices for building-mounted solar energy systems shall be set back not less than one (1) foot from the exterior perimeter of a roof for every one foot that the system extends above the roof surface on which the system is mounted. Solar energy systems that extend less than one foot above the roof surface shall be exempt from this provision.

(iii)

The solar collector surface and mounting devices shall not extend beyond the exterior perimeter of the building on which same is mounted.

(3)

Freestanding solar energy systems.

(i)

Freestanding solar energy systems, measured to the highest point of the system, shall not exceed 15 feet when oriented at maximum tilt. Freestanding solar energy systems shall be subject to the setback and minimum yard requirements in the zoning district where the building is located.

(ii)

In A, AA, AAA, and B Districts, the area of the solar collector surface of freestanding solar systems shall not exceed three percent of the lot area. In all other districts, the area of the solar collector surface of freestanding solar energy systems shall not exceed five percent of the lot area. Notwithstanding any other provision to the contrary, the maximum area of solar energy systems shall be calculated independently of the floor area of all other accessory structures on a lot.

(iii)

A freestanding solar energy system with panels four square feet or less in size is exempt from the requirements of this section.

(iv)

All abandoned or unused freestanding solar energy systems shall be removed within six months of the cessation of operations.

(4)

Electrical requirements. Electric solar system components must have an Underwriters Laboratory (UL) listing. All photovoltaic systems shall comply with the electrical code adopted by the city council.

(5)

Special use permit required. A special use permit (SUP) is required for any solar energy system.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)