All buildings and structures erected hereafter, all uses of land or buildings established or changed hereafter, all structural alterations, enlargements, or re-locations of existing buildings occurring hereafter, shall, in addition to the other regulations of this chapter, comply with the regulations of the zoning district in which each is located.

(Ord. No. 617, § II(intro.), 4-4-2006)

The location of the districts herein established are shown upon the official zoning map, which is hereby incorporated into this chapter. Said 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. Said zoning map, properly attested, is on file in the office of the city manager.

(Ord. No. 617, § II(A), 4-4-2006)

For the purpose of promoting the health, safety, morals and general welfare of the community, the city is hereby divided into the following ten zoning districts:

R-1 Single-Family Dwelling District

R-2 Two-Family (Duplex) Dwelling District

R-3 Multiple-Family (Apartment) District

R-5 Mobile Home/Manufactured Home District

R-6 Single-Family Small Lot District

B-2 Retail Business District

B-3 Commercial Business District

B-4 Special Commercial District

B-5 Leisure District

I-1 Light Industrial District

(Ord. No. 617, § II(B), 4-4-2006)

Where uncertainty exists with respect to the boundaries of any of the aforesaid 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 said boundaries.

(2)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said 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 therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on said zoning map.

(4)

In unsubdivided 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 the area vacated; 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. 617, § II(C), 4-4-2006)

The R-1 Single-Family Dwelling District is composed mainly of areas containing one-family dwellings and open areas where similar residential development seems likely to occur. The district regulations are designed to protect the residential character of the areas by prohibiting commercial and industrial activities and apartments while at the same time encouraging a suitable neighborhood environment for family life and preserving the openness of the area by requiring that certain minimum yard and area standards are met.

(Ord. No. 617, § III(A), 4-4-2006)

In the R-1 Single-Family Dwelling District, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

A single-family residence.

(2)

Accessory buildings, including a private garage, bona fide servants' quarters not for rent but for the use of servants employed on the premises. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. When the accessory building is attached to the main building by a breezeway, the breezeway may be considered part of the accessory building. When the breezeway extends into the required rear yard, it, together with the accessory buildings, may occupy not more than 30 percent of the required rear yard; provided, however, that this regulation shall not reduce the total floor area of all accessory buildings on the lot to less than 600 square feet and shall not apply to bona fide farm and agricultural buildings.

(3)

Temporary buildings to be used for construction purposes only, which shall be removed upon completion or abandonment of construction work, and field offices for the sale of real estate, which shall be removed upon request of the building inspector.

(4)

Such uses as may be permitted by special use permits.

(Ord. No. 617, § III(B), 4-4-2006)

(a)

Front yard.

(1)

There shall be a front yard having a minimum depth of 20 feet.

(2)

Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.

(b)

Side yard. The minimum side yard shall be seven and one-half feet except that on a corner lot the street side yard shall be not less than ten feet.

(c)

Reverse frontage. On corner lots, where interior lots have been platted or sold fronting on the side street, a side yard shall be provided on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project into the front yard of the lots in the rear.

(d)

Rear yard. There shall be a rear yard having a depth of 20 feet or 20 percent of the average depth of the lot, whichever is smaller.

(e)

Width of lot. The minimum width of the lot shall be 65 feet.

(f)

Minimum depth of lot. The minimum depth of the lot shall be 130 feet.

(g)

Cul-de-sac lots. On cul-de-sac lots, the minimum width shall be 40 feet along the street curbline. The depth of the lot shall average 80 feet.

(h)

Additions. Additions to residential structures, excluding steps, unenclosed balconies, and porches shall not protrude past the front house line. Any such addition shall be built with exterior finish materials similar to the exterior finish materials of the main structure.

(Ord. No. 617, § III(C), 4-4-2006; Ord. No. 617-2015A, 4-21-2015)

(a)

Moving permits. The city building inspector will review all requests for moving a structure into any district to determine that it complies with all applicable building code regulations related to that district.

(b)

Vehicles. No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed 48 hours. No vehicles whatsoever shall be parked more than eight hours on city-owned, unimproved right-of-way at any time.

(c)

Signs. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than five square feet advertising the property for sale or rent. Sale or rental prices shall not be placed on any sign. Signs used by the developer, realtor, home dealer and/or manufacturer, subcontractor or a lender to advertise the property during the construction and sales periods shall be permitted, but shall not exceed 16 square feet of surface area and must be professionally printed. For the purpose of enforcing this provision, the term "sign" means a display of a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution or business. A sign is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A sign shall not include a sign located completely within an enclosed building, nor holiday decorations, nor political campaign posters during the period of 90 days preceding an election until seven days following an election.

(d)

Height restrictions. No residence may exceed the three stories or 38 feet maximum height limitation.

(e)

Minimum living area. The minimum floor living area of the main structure of any dwelling exclusive of porches, terraces, garages, carports (one car, enclosed, 225 square foot minimum) and detached accessory buildings shall be 1,250 square feet of heated and cooled living area.

(f)

Accessory structure. A building permit is required to place an accessory structure. An accessory structure may encroach into the front or rear setback, but must be no less than five feet from the front or rear property line. No accessory structure shall be placed on an easement without written permission of the entity having said easement. No accessory structure shall exceed one story high, no more than 12 feet in height. A carport must be open on three sides.

(Ord. No. 617, § III(D), 4-4-2006; Ord. No. 617-2021A, §§ 2, 3, 12-7-2021)

(a)

The area regulations and other regulations prescribed in this division establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards are met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the requirements in this division.

(b)

The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the zoning commission. The zoning commission will consider the request and make a recommendation to the city council who will then make the final decision. The city manager, or his/her designee, is authorized to make the final decision on behalf of the city council for variance requests that are minor in nature, as defined in this chapter.

(c)

In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the building and standards commission for final decision and disposition. The referral may be made by either the zoning commission or the city council.

(Ord. No. 617, § III(D), 4-4-2006; Ord. No. 617-2021, § 2, 5-18-2021)

The R-2 Duplex District is composed of areas containing two-family dwellings and open space where similar residential development seems likely to occur. The district regulations are designed to protect the residential character of the area by prohibiting commercial and industrial activities, apartments and mobile homes, while at the same time encouraging a suitable neighborhood environment and preserving the openness of the area by requiring that certain minimum yard and area requirements be met.

(Ord. No. 617, § IV(A), 4-4-2006)

In the R-2 Duplex District, no land shall be used and no building be erected or converted to any use other than:

(1)

Two-family dwellings.

(2)

Such uses as may be permitted by special use permits.

(Ord. No. 617, § IV(B), 4-4-2006)

(a)

Front yard.

(1)

There shall be a front yard having a minimum depth of 20.

(2)

Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.

(b)

Side yard. The minimum side yard shall be five feet except that on a corner lot the street side yard shall be not less than ten feet. On corner lots, where interior lots have been platted or sold, fronting on the side street, a side yard shall be provided as in the R-1 district. Alternately, if a single building is to be constructed onto two lots, one side yard may be reduced to zero, provided the other side yard is increased to ten feet. Where the side yard of a lot borders on other than another R-2 zoned lot, a minimum side yard of five feet shall be maintained.

(c)

Reverse frontage. On corner lots, where interior lots have been platted or sold fronting on the side street, a side yard shall be provided on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project into the front yard of the lots in the rear.

(d)

Rear yard. There shall be a rear yard having a depth of 20 feet or 20 percent of the average depth of the lot, whichever is smaller.

(e)

Width of lot. The minimum width of the lot shall be 60 feet for a double occupancy single building on one lot or 30 feet for a building which has occupancies separated by a lot line.

(f)

Minimum depth of lot. The minimum depth of the lot shall be 110 feet

(g)

Cul-de-sac lots. On cul-de-sac lots, the minimum width shall be 40 feet along the street curbline. The depth of the lot shall average 80 feet.

(h)

Off-street parking. Duplex units shall provide two-car off-street parking for each unit. parking shall be side by side.

(i)

Additions. Additions to residential structures, excluding steps, unenclosed balconies, and porches shall not protrude past the front house line. Any such addition shall be built with exterior finish materials similar to the exterior finish materials of the main structure.

(Ord. No. 617, § IV(C), 4-4-2006)

(a)

Moving permits. The city building inspector will review all requests for moving a structure into any district to determine that it complies with all applicable building code regulations related to that district.

(b)

Vehicles. No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed 48 hours. No vehicles whatsoever shall be parked more than eight hours on city-owned, unimproved rights-of-way at any time.

(c)

Signs. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than five square feet advertising the property for sale or rent. Sale or rental prices shall not be placed on any sign. Signs used by the developer, realtor, home dealer and/or manufacturer, subcontractor or a lender to advertise the property during the construction and sales periods shall be permitted, but shall not exceed 16 square feet of surface area and must be professionally printed. For the purpose of enforcing this provision, the term "sign" means a display of a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution or business. A sign is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A sign shall not include a sign located completely within an enclosed building, nor holiday decorations, nor political campaign posters during the period of 90 days preceding an election until seven days following an election.

(d)

Height restrictions. No residence may exceed the nine stories or 90 feet maximum height limitation.

(e)

Minimum living area. The minimum floor living area of the main structure of any dwelling exclusive of porches, terraces, garages, carports (one-car, enclosed, 225 square foot minimum) and detached accessory buildings shall be 1,250 square feet of heated and cooled living area.

(f)

Accessory structure. A building permit is required to place an accessory structure. An accessory structure may encroach into the front or rear setback, but must be no less than five feet from the front or rear property line. No accessory structure shall be placed on an easement without written permission of the entity having said easement. No accessory structure shall exceed one story high, no more than 12 feet in height. A carport must be open on three sides.

(Ord. No. 617, § IV(D), 4-4-2006; Ord. No. 617-2021A, §§ 2, 3, 12-7-2021)

(a)

The area regulations and other regulations prescribed in this division establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards are met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the requirements in this division.

(b)

The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the zoning commission. The zoning commission will consider the request and make a recommendation to the city council who will then make the final decision. The city manager, or his/her designee, is authorized to make the final decision on behalf of the city council for variance requests that are minor in nature, as defined in this chapter.

(c)

In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the building and standards commission for final decision and disposition. The referral may be made by either the zoning commission or the city council.

(Ord. No. 617, § IV(E), 4-4-2006; Ord. No. 617-2021, § 2, 5-18-2021)

The R-3 Multifamily Apartment District is composed only of areas containing multiple-family dwellings or guesthouses. The district regulations are designed to protect the residential character of the area by prohibiting commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; to prevent overcrowding of the land by requiring certain minimum yard and other spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each building unit.

(Ord. No. 617, § V(A), 4-4-2006)

In the R-3 Multifamily Apartment District, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Apartments.

(2)

Multiple-family dwellings.

(3)

Townhouse use.

(4)

Community club facilities when organized for use of the particular townhouse or apartment district.

(5)

Child care facilities when organized for use of the particular townhouse or apartment district.

(6)

Accessory buildings customarily incident to any of the uses in this section, when not involving the conduct of a business and when located within the required rear yard of the main structure.

(7)

Condominium projects.

(8)

Such special uses as may be permitted with special permits.

(Ord. No. 617, § V(B), 4-4-2006)

(a)

Front yard.

(1)

There shall be a front yard having a minimum depth of 20 feet.

(2)

Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.

(b)

Side yard. There shall be a minimum side yard on each side of the lot with minimum dimensions as follows:

(1)

For single-family residences, there shall be side yards of not less than five feet, on each side of all lots, except that on corner lots the external side yard shall be not less than ten feet. On corner lots where interior lots have been platted or sold fronting on the side streets, a side yard shall be provided as in the R-1 district.

(2)

For a duplex or multiple-family dwelling where ends of the building are adjacent to and parallel to the side lot line, or within 30 degrees thereof, the side yard shall not be less than five feet.

(3)

For a multiple-family dwelling where sides of the building other than the ends are adjacent or parallel to the side yard lines or within 30 degrees thereof, the side yard shall be not less than 20 percent of the overall length of the building side adjacent to the side yard.

(4)

For any other permitted use not otherwise listed, the side yard shall be not less than ten feet.

(5)

In all cases where the side yard is adjacent to a side street, the side yard shall not be less than ten feet. Where a garage faces a side street, the garage shall be set back 20 feet. On corner lots where interior lots have been platted or sold, fronting a side street, a side yard shall be provided as in the R-1 district, section 50-137(c).

(c)

Rear yards.

(1)

For a single-family residence, there shall be a rear yard having a depth of 20 feet or 20 percent of the average depth of the lot, whichever is smaller.

(2)

For duplex residence, there shall be a rear yard having a depth of 20 feet, or 20 percent of the average depth of the lot, whichever is smaller.

(3)

For apartments, there shall be a rear yard having a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is smaller.

(d)

Area of the lot. Except as hereinafter provided, all structures hereinafter erected, enlarged, relocated, reconstructed, or converted, shall be located upon lots containing the following area: The minimum area of the lot shall be 4,500 square feet for a single-family dwelling; and for apartment houses or buildings arranged or designed for more than two families, the minimum area of the lot shall be 6,000 square feet, plus 600 square feet for each family in excess of two.

(e)

Masonry required. Apartments shall be constructed of masonry to the extent of not less than 75 percent of overall exterior walls.

(f)

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

(Ord. No. 617, § V(C), 4-4-2006)

(a)

Moving permits. The city building inspector will review all requests for moving a structure into any district to determine that it complies with all applicable building code regulations related to that district.

(b)

Vehicles. No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed 48 hours. No vehicles whatsoever shall be parked more than eight hours on city-owned, unimproved rights-of-way at any time.

(c)

Signs. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than five square feet advertising the property for sale or rent. Sale or rental prices shall not be placed on any sign. Signs used by the developer, realtor, home dealer and/or manufacturer, subcontractor or a lender to advertise the property during the construction and sales periods shall be permitted, but shall not exceed 16 square feet of surface area and must be professionally printed. For the purpose of enforcing this provision, the term "sign" means a display of a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution or business. A sign is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A sign shall not include a sign located completely within an enclosed building, nor holiday decorations, nor political campaign posters during the period of 90 days preceding an election until seven days following an election.

(d)

Height restrictions. No residence may exceed the nine stories or 90 feet maximum height limitation.

(e)

Minimum living area. The minimum floor living area of any dwelling exclusive of porches, terraces, and detached accessory buildings shall be 750 square feet of heated and cooled living area.

(f)

Accessory structure. A building permit is required to place an accessory structure. An accessory structure may encroach into the front or rear setback, but must be no less than five feet from the front or rear property line. No accessory structure shall be placed on an easement without written permission of the entity having said easement. No accessory structure shall exceed one story high, no more than 12 feet in height. A carport must be open on three sides.

(Ord. No. 617, § V(D), 4-4-2006; Ord. No. 617-2021A, §§ 2, 3, 12-7-2021)

The area regulations and other regulations prescribed in this division establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards are met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the above requirements. The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the zoning commission. The zoning commission will consider the request and make a recommendation to the city council who will then make the final decision. In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the building and standards commission for final decision and disposition. The referral may be made by either the zoning commission or the city council. The city manager, or his/her designee, is authorized to make the final decision on behalf of the city council for variance requests that are minor in nature, as defined in this chapter.

(Ord. No. 617, § V(E), 4-4-2006; Ord. No. 617-2021, § 2, 5-18-2021)

The R-5 Mobile Home/Manufactured Home District is composed mainly of areas containing manufactured homes designed as one-family dwellings and open areas where similar residential development seems likely to occur. The district regulations are designed to protect the residential character of the areas by prohibiting commercial and industrial activities and apartments while at the same time encouraging a suitable neighborhood environment for family life and preserving the openness of the area by requiring that certain minimum yard and area standards are met. The district regulations are also intended to deter depreciation of the individual homes and lots as well as the neighborhood as a whole.

(Ord. No. 617, § VI(A), 4-4-2006)

In the R-5 Mobile Home/Manufactured Home District, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

A single-family residence.

(2)

Accessory buildings, including a private garage, bona fide servants' quarters not for rent but for the use of servants employed on the premises. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. When the accessory building is attached to the main building by a breezeway, the breezeway may be considered part of the accessory building. When the breezeway extends into the required rear yard, it, together with the accessory buildings, may occupy not more than 30 percent of the required rear yard; provided, however, that this regulation shall not reduce the total floor area of all accessory buildings on the lot to less than 600 square feet and shall not apply to bona fide farm and agricultural buildings.

(3)

Temporary buildings to be used for construction purposes only, which shall be removed upon completion or abandonment of construction work, and field offices for the sale of real estate, which shall be removed upon request of the building inspector.

(4)

Such uses as may be permitted by special use permits.

(Ord. No. 617, § VI(B), 4-4-2006)

See chapter 26, pertaining to mobile homes, manufactured homes and parks.

(Ord. No. 617, § VI(C), 4-4-2006)

The R-6 Single-Family District is composed mainly of areas containing one-family dwellings and open areas where similar residential development seems likely to occur. The district regulations are designed to protect the residential character of the areas by prohibiting commercial and industrial activities and apartments while at the same time encouraging a suitable neighborhood environment for family life and preserving the openness of the area by requiring that certain minimum yard and area standards are met.

(Ord. No. 617, § VII(A), 4-4-2006)

In the R-6 Single-Family Dwelling District, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

A single-family residence.

(2)

Accessory buildings, including a private garage, bona fide servants' quarters not for rent but for the use of servants employed on the premises. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. When the accessory building is attached to the main building by a breezeway, the breezeway may be considered part of the accessory building. When the breezeway extends into the required rear yard, it, together with the accessory building, may occupy not more than 30 percent of the required rear yard; provided, however, that this regulation shall not reduce the total floor area of all accessory buildings on the lot to less than 600 square feet and shall not apply to bona fide farm and agricultural buildings.

(3)

Temporary buildings to be used for construction purposes only, which shall be removed upon completion or abandonment of construction work, and field offices for the sale of real estate, which shall be removed upon request of the building inspector.

(4)

Such uses as may be permitted by special use permits.

(Ord. No. 617, § VII(B), 4-4-2006)

(a)

Front yard.

(1)

There shall be a front yard having a minimum depth of 20.

(2)

Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.

(b)

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

(c)

Reverse frontage. On corner lots, where interior lots have been platted or sold fronting on the side street, a side yard shall be provided on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project into the front yard of the lots in the rear.

(d)

Rear yard. There shall be a rear yard having a depth of 20 feet or 20 percent of the average depth of the lot, whichever is smaller.

(e)

Width of lot. The minimum width of the lot shall be 50 feet.

(f)

Minimum depth of lot. The minimum depth of the lot shall be 110 feet.

(g)

Cul-de-sac lots. On cul-de-sac lots, the minimum width shall be 40 feet along the street curbline. The depth of the lot shall average 80 feet.

(h)

Additions. Additions to residential structures, excluding steps, unenclosed balconies, and porches shall not protrude past the front house line. Any such addition shall be built with exterior finish materials similar to the exterior finish materials of the main structure.

(Ord. No. 617, § VII(C), 4-4-2006)

(a)

Moving permits. The city building inspector will review all requests for moving a structure into any district to determine that it complies with all applicable building code regulations related to that district.

(b)

Vehicles. No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed 48 hours. No vehicles whatsoever shall be parked more than eight hours on city-owned, unimproved rights-of-way at any time.

(c)

Signs. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than five square feet advertising the property for sale or rent. Sale or rental prices shall not be placed on any sign. Signs used by the developer, realtor, home dealer and/or manufacturer, subcontractor or a lender to advertise the property during the construction and sales periods shall be permitted, but shall not exceed 16 square feet of surface area and must be professionally printed. For the purpose of enforcing this provision, the term "sign" means a display of a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution or business. A sign is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A sign shall not include a sign located completely within an enclosed building, nor holiday decorations, nor political campaign posters during the period of 90 days preceding an election until seven days following an election.

(d)

Height restrictions. No residence may exceed the three stories or 38 feet maximum height limitation.

(e)

Minimum living area. The minimum floor living area of the main structure of any dwelling exclusive of porches, terraces, garages, carports (one car enclosed 225 square foot minimum) and detached accessory buildings shall be 1,250 square feet of heated and cooled living area.

(f)

Accessory structure. A building permit is required to place an accessory structure. An accessory structure may encroach into the front or rear setback, but must be no less than five feet from the front or rear property line. No accessory structure shall be placed on an easement without written permission of the entity having said easement. No accessory structure shall exceed one story high, no more than 12 feet in height. A carport must be open on three sides.

(Ord. No. 617, § VII(D), 4-4-2006; Ord. No. 617-2021A, §§ 2, 3, 12-7-2021)

(a)

The area regulations and other regulations prescribed in this division establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards are met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the requirements in this division.

(b)

The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the zoning commission. The zoning commission will consider the request and make a recommendation to the city council who will then make the final decision. The city manager, or his/her designee, is authorized to make the final decision on behalf of the city council for variance requests that are minor in nature, as defined in this chapter.

(c)

In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the building and standards commission for final decision and disposition. The referral may be made by either the zoning commission or the city council.

(Ord. No. 617, § VII(E), 4-4-2006; Ord. No. 617-2021, § 2, 5-18-2021)

The B-2 Retail District is composed of land and structures occupied by or suitable for the furnishing of retail goods, such as groceries, drugs and services such as shoe repairing, to satisfy the household needs of surrounding residential areas.

(Ord. No. 617, § VIII(A), 4-4-2006)

In the B-2 Retail District no land shall be used and no building shall be erected for or converted to any use other than one of the following:

(1)

Accountants' offices.

(2)

Antique shops.

(3)

Architects.

(4)

Art galleries and studios.

(5)

Attorneys' offices.

(6)

Bakeries.

(7)

Bank/savings and loan institutions.

(8)

Barber/beauty shops.

(9)

Business and professional offices.

(10)

Bookstores (excluding adult, pornographic stores).

(11)

Builders' offices.

(12)

Cafeterias/restaurants.

(13)

Child care facilities or kindergartens, provided that no more than six unrelated children may be accommodated therein on any single day; there is a fenced play area; and does not display any kind of sign whatsoever.

(14)

Churches, rectories, parish houses, convents and other institutions of religious or philanthropic nature.

(15)

Clothing shops.

(16)

Community club facilities when organized for use of a particular residential development.

(17)

Consultants' offices.

(18)

Craft stores.

(19)

Dentists' offices.

(20)

Department/discount stores.

(21)

Educational institutions, public or private or denominational schools.

(22)

Electrical facilities and electrical energy facilities; transformers; relay and substations; 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.

(23)

Engineers' offices.

(24)

Fabric stores.

(25)

Fine arts studios/fine art instruction (drama, music, dance or speech) facilities.

(26)

Fire stations.

(27)

Florist shops (completely enclosed).

(28)

Furniture stores.

(29)

Gift shops.

(30)

Golf courses, but not including miniature golf course, driving range or any forms of commercial amusement.

(31)

Grocery stores.

(32)

Insurance offices.

(33)

Interior decorating studios.

(34)

Jewelry stores.

(35)

Leather goods/luggage shops.

(36)

Musical instrument salesrooms.

(37)

Nursing homes.

(38)

Office equipment and supplies stores.

(39)

Paint and wallpaper stores.

(40)

Pet grooming facilities, without extended boarding.

(41)

Pharmacies/drugstores.

(42)

Photographers' studios.

(43)

Photographic finishing, equipment and supplies stores.

(44)

Physicians' offices.

(45)

Public parks and public playgrounds and noncommercial athletic fields.

(46)

Radio and television or microwave broadcast or relay towers, to include earth stations.

(47)

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.

(48)

Realtor's offices.

(49)

Schools, public, private, or denominational schools having a curriculum equivalent to a public elementary or secondary school. A kindergarten or day nursery school shall be allowed if in conjunction with a higher-level school or when operated as a function of a church.

(50)

Stationary stores.

(51)

Shoe shop/shoe repair shops.

(52)

Specialty sales shops (collectibles, china, food).

(53)

Stockbrokers.

(54)

Tailor/dry cleaning shops.

(55)

Telephone exchange facilities, storage, or maintenance facilities.

(56)

Title companies' offices.

(57)

Toy stores.

(58)

Travel agents' offices.

(59)

Used clothing stores.

(60)

Watch and clock repair shops.

(61)

Fitness centers.

Such uses as may be permitted by special permits.

(Ord. No. 617, § VIII(B), 4-4-2006; Ord. No. 617, 2-7-2012)

(a)

Front yard. There shall be a front yard having a minimum of 25 feet.

(b)

Side yard. There is no minimum side yard requirement in the B-2 Retail District. However, when the use abuts with an R-1, R-2 or R-5 district, a minimum of 15 feet shall be provided.

(c)

Rear yard. There is no minimum rear yard requirement in the B-2 Retail District. However when the use abuts with an R-1, R-2 or R-5 district, a minimum of 20 feet shall be provided.

(d)

Lot area. There shall be a minimum lot area of 6,000 square feet in the B-2 Retail District.

(e)

Building specifications. In the B-2 Retail District there shall be an area for offices of not less than 1,500 square feet of floor area, exclusive of garages, carports and porches.

(f)

Signs. Any sign in the B-2 Retail District must comply with all regulations.

(Ord. No. 617, § VIII(C), 4-4-2006)

(a)

Prohibited emissions. 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 or particulate matter.

(b)

Moving permits. The city building inspector will review all requests for moving a structure into any district to determine that it complies with all applicable building code regulations related to that district.

(c)

Fences. Commercial and residential: See Fences, chapter 8, article VII.

(d)

Vehicles. No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed 48 hours. No vehicles whatsoever shall be parked more than eight hours on city-owned, unimproved rights-of-way at any time.

(e)

Height restrictions. No residence or business may exceed the nine stories or 90 feet maximum height limitation.

(f)

Accessory structure. A building permit is required to place an accessory structure. An accessory structure may encroach into the front or rear setback, but must be no less than five feet from the front or rear property line. No accessory structure shall be placed on an easement without written permission of the entity having said easement. No accessory structure shall exceed one story high, no more than 12 feet in height. A carport must be open on three sides.

(Ord. No. 617, § VIII(D), 4-4-2006; Ord. No. 617-2021A, §§ 2, 3, 12-7-2021)

(a)

The area regulations and other regulations prescribed in this division establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards are met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the above requirements in this division.

(b)

The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the zoning commission. The zoning commission will consider the request and make a recommendation to the city council who will then make the final decision. The city manager, or his/her designee, is authorized to make the final decision on behalf of the city council for variance requests that are minor in nature, as defined in this chapter.

(c)

In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the building and standards commission for final decision and disposition. The referral may be made by either the zoning commission or the city council.

(Ord. No. 617, § VIII(E), 4-4-2006; Ord. No. 617-2021, § 2, 5-18-2021)

The B-3 Commercial District is composed of land and structures used to furnish commercial needs where the activity may have higher than average levels of traffic, noise, or odor, such as gasoline sales, bowling alleys, and butcher shops.

(Ord. No. 617, § IX(A), 4-4-2006)

In the B-3 Commercial District, no land shall be used and no building erected for or converted to any use other than one of the following:

(1)

Any use permitted in the B-2 Retail District.

(2)

Alcohol beverage stores.

(3)

Appliance sales and service shops.

(4)

Automobile gasoline service stations.

(5)

Bowling alleys.

(6)

Butcher shops.

(7)

Convenience stores (no on-premises alcohol consumption).

(8)

Exterminator' offices.

(9)

Hospitals (general care) and clinics.

(10)

Laundromats.

(11)

Medical/dental laboratories.

(12)

Movie theaters.

(13)

Pawn shops.

(14)

Pet shops.

(15)

Plant nurseries (sales).

(16)

Rental or repair shops.

(17)

State vehicle inspection units.

(18)

Veterinary services.

(19)

Wholesale greenhouses.

(20)

Wholesale outlets.

(21)

Hotels/motels.

(Ord. No. 617, § IX(B), 4-4-2006; Ord. No. 617-2015B, 5-5-2015)

(a)

Front yard. None.

(b)

Side yard. There is no minimum side yard requirement in the B-3 Commercial District. However, when the use abuts with an R-1, R-2 or R-5 district, a minimum of 15 feet shall be provided.

(c)

Rear yard. There is no minimum rear yard requirement in the B-3 Commercial District. However when the use abuts with an R-1, R-2 or R-5 district, a minimum of 20 feet shall be provided.

(d)

Lot area. There shall be a minimum lot area of 6,000 square feet in the B-3 Retail District.

(e)

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

(f)

Building specifications. In the B-3 Commercial District there shall be an area for offices of not less than 1,500 square feet of floor area, exclusive of garages, carports and porches.

(g)

Signs. Any sign in the B-3 Commercial District must comply with all regulations.

(Ord. No. 617, § IX(C), 4-4-2006)

(a)

Moving permits. The city building inspector will review all requests for moving a structure into any district to determine that it complies with all applicable building code regulations related to that district.

(b)

Fences. Commercial and residential. See Fences, chapter 8, article VII.

(c)

Vehicles. No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed 48 hours. No vehicles whatsoever shall be parked more than eight hours on city-owned, unimproved rights-of-way at any time.

(d)

Height restrictions. No residence or business may exceed the nine stories or 90 feet maximum height limitation.

(Ord. No. 617, § IX(D), 4-4-2006)

(a)

The area regulations and other regulations prescribed above establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards are met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the above requirements.

(b)

The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the zoning commission. The zoning commission will consider the request and make a recommendation to the city council who will then make the final decision. The city manager, or his/her designee, is authorized to make the final decision on behalf of the city council for variance requests that are minor in nature, as defined in this chapter.

(c)

In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the building and standards commission for final decision and disposition. The referral may be made by either the zoning commission or the city council.

(Ord. No. 617, § IX(E), 4-4-2006; Ord. No. 617-2021, § 2, 5-18-2021)

The B-4 Special Commercial District is composed of land and structures used to furnish commercial needs where the activity may have higher than average levels of traffic, noise, or odor, and the location of the activities are controversial such as automobile sales, motorcycle sales and service, and funeral homes.

(Ord. No. 617, § X(A), 4-4-2006)

In the B-4 Special Commercial District, no land shall be used and no building erected for or converted to any use other than one of the following:

(1)

Any use permitted in the B-3 Retail District.

(2)

Assembly halls for private social gatherings.

(3)

Automobile sales and service shops.

(4)

Clubs and lodges, the principal activity of which is not a business.

(5)

Funeral homes.

(6)

Motorcycle sales and service shops.

(7)

Nightclubs or bars.

(8)

Private clubs.

(9)

Vehicle laundries.

(10)

Truck stops.

(Ord. No. 617, § X(B), 4-4-2006; Ord. No. 617, 12-6-2011)

(a)

Front yard. None.

(b)

Side yard. There is no minimum side yard requirement in the B-4 Special Commercial District. However, when the use abuts with an R-1 or R-2 district, a minimum of 15 feet shall be provided.

(c)

Rear yard. There is no minimum rear yard requirement in the B-4 Special Commercial District. However when the use abuts with an R-1, R-2 or R-5 District, a minimum of 20 feet shall be provided.

(d)

Lot area. There shall be a minimum lot area of 6,000 square feet in the B-4 Special Commercial District.

(e)

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

(f)

Building specifications. In the B-4 Special Commercial District there shall be an area for offices of not less than 1,500 square feet of floor area, exclusive of garages, carports and porches.

(g)

Signs. Any sign in the B-4 Retail District must comply with all regulations.

(Ord. No. 617, § X(C), 4-4-2006)

(a)

Moving permits. The city building inspector will review all requests for moving a structure into any district to determine that it complies with all applicable building code regulations related to that district.

(b)

Fences. Commercial and residential: See Fences, chapter 8, article VII.

(c)

Vehicles. No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed 48 hours. No vehicles whatsoever shall be parked more than eight hours on city-owned, unimproved rights-of-way at any time.

(d)

Height restrictions. No residence or business may exceed the nine stories or 90 feet maximum height limitation.

(e)

Alcohol sales. No sales of alcohol shall be allowed within:

(1)

Three hundred feet of a day-care center, child-care facility, church, public or private school, or public hospital;

(2)

One thousand feet of public school upon receipt of a request from the board of trustees of a school district in accordance with the Texas Education Code; and/or

(3)

One thousand feet of a private school upon receipt of a request from the governing body of the private school.

(Ord. No. 617, § X(D), 4-4-2006; Ord. No. 617-2023, 6-20-2023)

(a)

The area regulations and other regulations prescribed in this division establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards are met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the requirements in this division.

(b)

The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the zoning commission. The zoning commission will consider the request and make a recommendation to the city council who will then make the final decision. The city manager, or his/her designee, is authorized to make the final decision on behalf of the city council for variance requests that are minor in nature, as defined in this chapter.

(c)

In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the building and standards commission for final decision and disposition. The referral may be made by either the zoning commission or the city council.

(Ord. No. 617, § X(E), 4-4-2006; Ord. No. 617-2021, § 2, 5-18-2021)

The B-5 Leisure District is composed of land and structures occupied or suitable for attracting people to shop, relax and socialize. The B-5 district uses are specified for the district designated as "Leisure." The district regulations are designed to protect and encourage a relaxed leisurely pace of shopping, relaxation, and socializing with others to promote friendship and community spirit. The limited group of uses of a retail nature have been carefully chosen to support this goal.

(Ord. No. 617, § XI(A), 4-4-2006)

In the B-5 Leisure District, no land shall be used and no building shall be erected for or converted to any use other than one of the following limited retail sales activities:

(1)

Antique shops.

(2)

Art galleries and studios.

(3)

Bakeries.

(4)

Barbershop/beauty shop.

(5)

Bookstores (excluding adult, pornographic stores).

(6)

Cafeterias/restaurants.

(7)

Clubs.

(8)

Convenience stores (excluding sale of vehicle fuel).

(9)

Craft stores.

(10)

Fine arts studios/fine art instruction (drama, music, dance or speech) facilities.

(11)

Florist shops.

(12)

Gift shops.

(13)

Ice cream/soda shops.

(14)

Jewelry stores.

(15)

Leather goods/luggage shops.

(16)

Movie theaters.

(17)

Musical instrument salesrooms.

(18)

Photographic finishing, equipment and supplies stores.

(19)

Restaurants.

(20)

Stationary stores.

(21)

Specialty sales shops (collectibles, china, food).

(22)

Such uses as may be permitted by special permits.

(Ord. No. 617, § XI(B), 4-4-2006)

(a)

Front yard. There shall be no front yard requirement. The front of the building maybe adjacent to the sidewalk.

(b)

Side yard. There shall be no side yard requirement. Buildings in this district may share a common boundary wall.

(c)

Rear yard. There is no minimum rear yard.

(d)

Signs. Any sign in the B-5 Leisure District must comply with all regulations.

(Ord. No. 617, § XI(C), 4-4-2006)

(a)

Prohibited emissions. 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 or particulate matter.

(b)

Moving permits. The city building inspector will review all requests for moving a structure into any district to determine that it complies with applicable building code regulations related to that district.

(c)

Vehicles. Vehicles shall be parked only in designated parking areas. Limited exceptions are granted for loading and unloading supplies and equipment, not to exceed four hours. Approval for additional time may be granted by the chief of police or the city manager.

(d)

Height restrictions. No business may exceed the nine stories or 90 feet maximum height limitation.

(Ord. No. 617, § XI(D), 4-4-2006)

(a)

The area regulations and other regulations prescribed in this division establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards are met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the requirements in this division.

(b)

The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the zoning commission. The zoning commission will consider the request and make a recommendation to the city council who will then make the final decision. The city manager, or his/her designee, is authorized to make the final decision on behalf of the city council for variance requests that are minor in nature, as defined in this chapter.

(c)

In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the building and standards commission for final decision and disposition. The referral may be made by either the zoning commission or the city council.

(Ord. No. 617, § XI(E), 4-4-2006; Ord. No. 617-2021, § 2, 5-18-2021)

The I-1 Light Industrial District is composed of land and structures used for light manufacturing or wholesaling, where the use and its operation do not adversely effect abutting and surrounding uses. The I-1 district includes retail and commercial uses, but I-1 districts are to be separated from residential areas by business areas or by natural or manmade barriers. The district regulations are designed to allow a wide range of industrial activities subject to limitations designed for mutual protection of land use. It is intended that manufacturing be allowed in the I-1 district, but under no circumstances is the manufacture of toxic or hazardous chemicals or substances to be allowed in the I-1 district. All requirements shall be governed by current applicable environmental protection agency or state natural resource and conservation commission rules.

(Ord. No. 617, § XII(A), 4-4-2006)

In the I-1 Light Industrial District no land shall be used and no building shall be erected for or converted to any use other than one of the uses set out in this section, except that dwelling quarters may be established in connection with an industrial facility for the owner or an employee performing duties as watchman or caretaker. Uses appropriate to the I-1 Light Industrial District may include the following:

(1)

Assembly/manufacturing operations facilities.

(2)

Business/industrial subdivisions.

(3)

Cabinet/carpentry shops.

(4)

Cold storage plants.

(5)

Contractor operations and storage facilities.

(6)

Domestic pet boarding facilities.

(7)

Lumbe yards.

(8)

Machine/sheet metal shops.

(9)

Warehouse storage facilities.

(10)

Such uses as may be permitted by special use permits.

(11)

Ministorage facilities

(12)

Propane storage facilities.

(Ord. No. 617, § XII(B), 4-4-2006)

(a)

Front yard. None.

(b)

Side yard. There is no minimum side yard requirement in the I-1 Industrial District. However, when the use abuts with an R-1 or R-2 district, a minimum of 15 feet shall be provided.

(c)

Rear yard. There is no minimum rear yard requirement in the I-1 Industrial District. However when the use abuts with an R-1, R-2 or R-5 district, a minimum of 20 feet shall be provided.

(d)

Lot area. There shall be a minimum lot area of 6,000 square feet in the I-1 Industrial District.

(e)

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

(f)

Building specifications. In the I-1 Industrial District there shall be an area for offices of not less than 1,500 square feet of floor area, exclusive of garages, carports and porches.

(g)

Signs. Any sign in the I-1 Industrial District must comply with all regulations.

(Ord. No. 617, § XII(C), 4-4-2006)

(a)

Prohibited emissions. A building or premises in this zoning district shall not produce noxious or offensive levels of odor, smoke, dust, noise, fumes, vibration or particulate matter.

(b)

Moving permits. The city building inspector will review all requests for moving a structure into any district to determine that it complies with all applicable building code regulations related to that district.

(c)

Fences. Commercial and residential: See Fences, chapter 8, article VII.

(d)

Vehicles. No vehicles or boats shall be parked in the front yard or an unenclosed side yard of any residential premises except on the driveway or in a carport. Limited exceptions are granted for washing and cleaning, not to exceed three hours, and for packing, unpacking, or cleaning recreational vehicles not to exceed 48 hours. No vehicles whatsoever shall be parked more than eight hours on city-owned, unimproved rights-of-way at any time.

(e)

Height restrictions. No residence or business may exceed the nine stories or 90 feet maximum height limitation.

(Ord. No. 617, § XII(D), 4-4-2006)

(a)

The area regulations and other regulations prescribed in this division establish the standards that are designed to protect the residential character and appearance of the areas by encouraging a suitable neighborhood environment for family life and by requiring that certain minimum yard and area standards are met. However, it is recognized that terrain, lot shapes and other unique circumstances may justify an exception to one or more of the requirements in this division.

(b)

The normal process for gaining approval for an exception to one or more of these standards is to make the request in writing to the zoning commission. The zoning commission will consider the request and make a recommendation to the city council who will then make the final decision. The city manager, or his/her designee, is authorized to make the final decision on behalf of the city council for variance requests that are minor in nature, as defined in this chapter.

(c)

In cases where the standards cannot be met because of carelessness or negligence of an engineer, builder, or owner, the request may be referred to the building and standards commission for final decision and disposition. The referral may be made by either the zoning commission or the city council.

(Ord. No. 617, § XII(E), 4-4-2006; Ord. No. 617-2021, § 2, 5-18-2021)