Land and buildings in each of the zoning districts may be used for any of the specified uses in Section 2.07.03. Use Chart. No land shall be used and no building or structure shall be erected, altered, or converted for any use other than those specified as a permitted use in the district in which it is located.

(Ord. No. 18-08-16-24, § 2.01, 8-16-18)

It is recognized that new types of land use will develop and forms of land use not presently anticipated may seek to locate in the City. If the Director of Planning is unable to classify the use under one of the existing listed uses, then the Director of Planning shall initiate a Zoning Text Amendment pursuant to procedures set forth in Section 2.10.04. Zoning Text and Map Amendments.

The use of land or buildings shall be in accordance with those listed in the following Use Chart. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses permitted in the zoning district in which it is located, as shown in the Use Chart.

(Ord. No. 18-08-16-24, § 2.02, 8-16-18; Ord. No. 22-10-20-37, § 2.01, 10-20-22; Ord. No. 23-09-21-37, § 2.03, 9-21-23; Ord. No. 24-04-04-16, § 2.02, 4-4-24; Ord. No. 25-05-01-22, § 2.05, 5-1-25; Ord. No. 25-08-21-38, § 2.01, 8-21-25)

A.

The following conditional development standards shall apply:

1.

MX-D, Mixed Density Residential Standards. Uses are allowed pursuant to 2.04.06. A.2.

2.

Guest House/Servants' Quarters Standards

a.

See 2.07.07. Accessory Buildings and Uses for standards.

3.

Modular (Industrialized) Home Standards

a.

Modular (Industrialized) Homes shall be permitted within all Residential Zoning Districts.

b.

Modular (Industrialized) Home Requirements. A Modular (Industrialized) Home shall meet the following requirements:

i.

The Modular (Industrialized) Home meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction.

ii.

The Modular (Industrialized) Home conforms to all applicable zoning standards for the respective zoning district.

iii.

The Building Official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Article 5221f V.T.C.S.).

iv.

The Modular (Industrialized) Home is placed on an approved platted lot.

v.

Per the Texas Occupations Code §1202.253, single family and duplex Modular (Industrialized) Homes shall:

(a)

Have a value equal to or greater than the median taxable value for each single family dwelling located within 500 feet of the lot on which the Modular (Industrialized) Home is proposed to be located, as determined by the most recent county certified tax appraisal roll;

(b)

Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single family dwellings located within 500 feet of the lot on which the Modular (Industrialized) Home is proposed to be located;

(c)

Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single family dwellings; and

(d)

Be securely affixed to an approved permanent foundation.

vi.

For purposes of above subsection 2.07.04. A.3.b.v above, "value" means the taxable value of the industrialized housing and the lot after installation of the housing.

4.

Agricultural Use Standards.

a.

Barns or Enclosures for Livestock.

i.

No barn or enclosure for cows, horses, mules, donkeys, sheep, goats, or similar livestock shall be located nearer than 100 feet to any dwelling or nearer than 200 feet to any property line.

ii.

These barns or enclosures are not subject to any masonry requirements if the site is three (3) acres or larger in size and the buildings are set back 200 feet from any dwelling other than that of the resident.

b.

Restriction of Agricultural Uses within Residential Zoning Districts.

i.

When in a residential zoning district, Agricultural Uses and buildings are permitted only on land comprising three (3) or more acres and are incidental and secondary to the use permitted within the residential districts and which do not change the character of the district, including garages for implements or equipment, greenhouses, tool sheds, pens, barns, workshops, well houses, or enclosures for cows, horses, mules, donkeys, sheep or goats.

ii.

Chickens are permitted as household pets within all residential lots, subject to the following requirements:

(a)

No more than four hens are permitted,

(b)

Roosters are prohibited, and

(c)

A permit is required to keep chickens.

c.

Pens or Enclosures for Chickens as Household Pets within Residential Zoning Districts.

i.

Pens or enclosures for chickens as household pets are permitted on all residential lots and shall meet the following standards:

(a)

Setbacks:

(i)

Front Setback: Behind the front building line;

(ii)

Side Setback: 30 feet from the side lot line; and

(iii)

Rear Setback: 20 feet from the rear lot line.

(b)

Proximity to Owner's House:

(i)

Enclosures must be within 10 feet of the owner's house.

(c)

Maximum Enclosure Size:

(i)

Four feet by ten feet.

ii.

These pens or enclosures are not subject to any masonry requirements.

d.

Household Chicken Permit.

i.

A person commits an offense if the person maintains or keeps chickens without having obtained a permit from the City.

ii.

A person shall apply to the Director of Planning for a permit to keep chickens. The Application shall be submitted on a form provided by the City and include such information as is specified to ensure the applicant complies with City ordinances.

iii.

The City Manager shall issue a permit if the applicant meets all requirements of the UDC and other applicable City ordinances.

iv.

In the event a permit holder violates the requirements of the UDC or other applicable ordinance, the City shall revoke the permit.

v.

The permit holder may appeal the revocation to the City Manager within five days of receipt of the notice of revocation, and shall state the basis for the appeal. The City Manager shall consider the evidence and determine, by a preponderance of the evidence, if the revocation should be upheld. The determination of the City Manager is final.

5.

Amusement, Commercial (outdoors) Standards.

a.

Allowed by Specific Use Permit.

b.

All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.

c.

No intermittent or flashing lights shall be permitted.

d.

Luminaries shall be mounted at a height not to exceed thirty (30) feet as measured vertically from the horizontal surface of the nearest parking pavement.

e.

No exterior auditory devices shall be permitted.

6.

Automobile Sales, Used, Automobile Sales/leasing, New, Trailer Rental, and Truck Sales, Heavy Trucks Standards.

a.

Allowed by Specific Use Permit.

b.

All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.

c.

No intermittent or flashing lights shall be permitted.

d.

Luminaries shall be mounted at a height not to exceed thirty (30) feet as measured vertically from the horizontal surface of the nearest parking pavement.

e.

All building facades shall be constructed with the same masonry materials that meet the masonry regulations for the zoning district in which the property is located.

f.

No exterior auditory devices shall be permitted.

g.

Trailer rental and truck rental may only be considered as an accessory use upon approval of a Specific Use Permit and shall be limited to the display of five (5) trailer or truck items, and must be displayed on an approved paved surface in accordance with City regulations. The remaining fleet (trailer or trucks) must be stored in accordance with all Outside Storage Standards and out of the view of the public.

h.

Propane tanks must be screened from public view.

i.

In granting the Specific Use Permit (SUP), the City Council may impose such additional conditions as reasonably necessary.

7.

Concrete Batching Plant, Temporary Standards.

a.

The purpose of the section is to establish requirements for a Temporary Concrete Batching Plant in all zoning districts, as shown in the Use Chart of Section 2.07.03 in the Unified Development Code, as a temporary use, not to exceed six-month intervals with two extensions, if authorized by the City.

b.

A Temporary Concrete Batching Plant shall meet the following requirements:

i.

All associated equipment and buildings shall be fenced for safety with a chain link fence.

ii.

A site plan which complies with the requirements of Section 2.10.08 Site Plans of the Unified Development Code shall be submitted and must be approved by the City.

iii.

A building permit is approved.

iv.

The minimum building setback for all Temporary Concrete Batch Plant structures and equipment shall be established and maintained for all yards at the distances specified for the zoning district adjoining the complex as shown below:

v.

Vehicular access to the boundaries of the Temporary Concrete Batching Plant site from the street thoroughfare shall be paved sufficiently to allow emergency vehicle access in accordance with City standards and must be approved by the City.

vi.

Prior to obtaining a building permit from the Building Official; the applicant shall submit a copy of the State of Texas approved permit for the proposed site and shall continuously abide by the State allowed noise standards.

8.

Financial Loan Standards. The following conditional standards apply to Financial Loan - Credit Access Business, Financial Loan - Deferred Presentment Transaction and Financial Loan - Motor Vehicle Title Loan:

a.

To obtain a certificate of occupancy as a credit access business, including for a new building or in any existing building or portion of a building, the business must meet the following requirements:

i.

No credit access business may be located within one thousand (1,000) feet of another credit access business, measured in a direct line from front door to front door.

ii.

No credit access business may be located within five hundred (500) feet of a residential use; the 500 foot distance shall be measured in a direct line from the front door of the credit access business building to the property line of the residential use.

b.

If there is any conflict between this subsection and an adopted Site Plan or Development Plan, the more specific standard shall apply.

9.

Firewood Sales.

a.

The purpose of this Section is to establish minimum requirements for a Specific Use Permit for firewood sales. This use may be approved by specific use permit in all zoning districts as a temporary use, not to exceed four months per calendar year.

b.

A site plan which complies with the requirements of Section 2.10.08 of the Unified Development Code must be submitted and approved.

c.

The use of the property or Firewood sales shall be in accordance with the site plan.

d.

Firewood or equipment associated with tax sale of firewood shall be setback at least 15 feet from all property lines.

e.

Firewood must be setback out of the sight visibility triangle (20 foot) to allow safe ingress and egress.

f.

Parking is prohibited within the right-of-way.

g.

The sale of firewood is permitted only between the hours of 7:00 a.m. to 7:00 p.m.

h.

All signage must meet the City's sign ordinance (banners and other signage).

i.

No permit shall be granted unless there is a main building.

j.

Firewood sales must be an accessory use to the main use of the property.

k.

In granting the Specific Use Permit (SUP), the City Council may impose such additional conditions as reasonably necessary.

10.

Gasoline Filling or Service Station with or without Car Wash, and with or without Convenience Store, and Car Wash with or without Gasoline Filling or Service Station and with or without Convenience Store Standards.

a.

Allowed by Specific Use Permit.

b.

Gasoline pumps, pump islands, canopies, or car washes, where adjacent to property zoned as single family residential uses shall maintain a minimum setback of at least one hundred twenty-five feet (125').

c.

The hours of any car wash operation may be limited when located adjacent to property zoned for single family residential uses.

d.

No exterior illumination (either direct or indirect) shall cross a residential property line nor be a nuisance to traffic.

e.

No outside/outdoor vending machines, such as soda, video rental, or newspaper vending machines, are permitted.

f.

Gasoline pump islands shall not be located nearer than eighteen (18) feet to the street right-of-way or to any adjacent property line.

g.

Underground fuel tanks shall not be located under designated fire lanes.

h.

A fuel truck maneuvering schematic shall be submitted for City review and approval with the Site Plan accompanying the Specific Use Permit prior to issuance of a building permit.

i.

All filling or service station, and car wash canopies shall be designed and built with a sloped, mansard roof or similar style. Filling or service station and car wash canopies with flat roofs shall not be permitted. The columns supporting such canopies shall be encased with brick, stone, or other similar material that matches the primary building.

j.

Vent stacks and pipes shall be placed so they are not visible from any adjacent street. Screening may be achieved with adequate landscaping, subject to City approval.

11.

Heliport or Helistop Standards.

a.

Allowed by Specific Use Permit.

b.

No heliport or helistop shall be located within 1,000 feet of any church, school, hospital, library, public park or within 1,000 feet of any dwelling unless:

i.

Noise attenuation methods are implemented to achieve noise levels no greater than if the heliport or helistop were located 1,000 feet from any such property in an unprotected state;

ii.

The Federal Aviation Administration has approved approach and departure paths for the proposed heliport or helistop which require all departures to be made at an angle of more than 90 degrees from any boundary or any such property which is less than 1,000 feet from the proposed heliport or helistop; and

iii.

No substantial adverse impact exists on residence or businesses within the 1,000 foot requirement.

12.

Home Based Business Standards. A Home Based Business shall meet the following requirements:

a.

No persons other than members of the family residing on the premises shall be engaged in such business;

b.

The use of the dwelling unit for the home based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 500 square feet or ten percent (10%) of the square footage of the dwelling area, whichever is greater, shall be used in the conduct of the home based business;

c.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home based business;

d.

No sign advertising a home based business shall be placed on property where a home based business is conducted. Only one vehicle (motorized or non-motorized), one ton carrying capacity or less may advertise for the home based business;

e.

No home based business shall be conducted in an Accessory Building;

f.

Any sales in connection with such home based business shall be clearly secondary to occupancy. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises;

g.

No traffic shall be generated by a home based business in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home based business shall be met off the street and other than in a required front yard;

h.

No equipment, process or work shall be used or conducted in such home based business which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

i.

The operation of beauty culture schools, beauty parlors, barber shops, vehicle repair, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a home based business or as an accessory use; and

j.

No Outside Storage or Outside Display of any type shall be permitted with any home based business.

13.

Kennel, Indoor and Outdoor Runs Standards.

a.

Allowed by Specific Use Permit.

b.

All commercial kennels with indoor and/or outdoor pens and runs (except where related to indoor medical treatment) shall be located a minimum of fifty (50) feet from adjacent residential properties to minimize noise and odor nuisances.

c.

Disposal of all waste materials shall be in accordance with the Texas Department of Health regulations.

14.

Outside Display Standards.

a.

Outside Display, Permanent:

i.

Allowed by Specific Use Permit only.

ii.

Permanent Outside Display areas shall not encroach within building setbacks nor be located on or within areas designated for parking.

iii.

Permanent Outside Display areas shall not be located in such a manner as to pose a safety or visibility hazard, nor to impede public vehicular or pedestrian circulation in any way.

iv.

Permanent Outside Display shall be permitted only as an Accessory Use to the business at which the items displayed are offered for sale and shall not be allowed as a permitted Principal Use.

b.

Outside Display, Temporary:

i.

Temporary Outside Display areas shall not be placed or located more than thirty (30) feet from the main building or from the tenant space at which it is located and shall not exceed fifty (50) percent of the linear frontage of the building or of tenant space engaging in Outside Display.

ii.

Temporary Outside Display areas shall be permitted year-round.

iii.

Temporary Outside Display areas shall not occupy any required parking spaces except as allowed in this subsection. Temporary Outside Display areas shall not occupy any of the parking spaces that are required by this UDC or other ordinance for the primary use(s) of the property, except on a temporary basis only. As utilized herein, a temporary basis shall mean a maximum of forty-five (45) days per display and a maximum of two (2) displays per calendar year.

iv.

Temporary Outside Display areas shall not be located in such a manner as to pose a safety or visibility hazard, nor to impede public vehicular or pedestrian circulation in any way.

v.

Temporary Outside Display area shall not extend into Public Right-of-Way, easements, setbacks, or onto adjacent property.

vi.

Items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free condition and shall be kept free of infestations of any kind.

vii.

Temporary Outside Display is permitted only as an Accessory Use to the business at which the items displayed are offered for sale and shall not be allowed as a permitted Principal Use.

15.

Outside Storage Standards.

a.

Allowed by Specific Use Permit.

b.

Outside Storage is limited to a maximum of five (5) percent of the total lot area, shall not be located in front of or on top of the building, and must be screened.

c.

Outside Storage screening shall be required only for those areas surrounding Outside Storage.

d.

Outside Storage of materials, commodities, or equipment shall be screened with a minimum six foot (6') screening fence or wall, and shall not be visible from the street or from adjacent property.

e.

No Outside Storage may exceed the height of the screening wall or fence.

f.

In addition to the screening fence or wall surrounding Outside Storage (2.07.04. A.15.c), a second level of screening is required at the property line.

i.

A six foot (6') screening fence or wall shall be provided and maintained at the common property line or street adjacent to the area to be screened by one or a combination of the following methods:

(a)

Solid masonry consisting of rock, stone, or other material that is equivalent, visually and qualitatively;

(b)

Wrought iron in conjunction with solid landscape screening;

(c)

Wood or wood vinyl in conjunction with solid landscape screening; and,

(d)

An equivalent alternative screening method approved by the Director of Planning.

16.

Portable Building Standards.

a.

Allowed by Specific Use Permit.

b.

Approval for a Portable Building shall be valid for a maximum of one (1) year subject to renewal for an additional one (1) year period.

c.

The Specific Use Permit Application should include a narrative explaining the transition from a temporary to a permanent structure.

d.

All Portable Buildings shall be constructed in accordance with the appropriate State or Federal codes that regulate their construction or shall meet all requirements of the City's codes.

e.

Portable Buildings shall be anchored to withstand winds up to 75 miles per hour.

f.

Portable Buildings for human occupation, such as a classroom or office facility, shall have a building façade match the façade of the main building.

g.

Concrete parking shall be provided for all parking.

h.

Portable Buildings shall be maintained in a neat and presentable condition at all times.

i.

Upon expiration of the Specific Use Permit, the Portable Building shall be immediately removed and the premises shall be restored to its previous condition.

17.

Sexually Oriented Business Standards. Sexually Oriented Businesses include but are not limited to the following uses:

a.

Applicable Uses.

i.

Adult Arcade.

ii.

Adult Bookstore or Video Store.

iii.

Adult Cabaret.

iv.

Adult Dancing Establishment.

v.

Adult Entertainment Business.

vi.

Adult Motel.

vii.

Adult Motion Picture Theatre.

viii.

Adult Novelty Store.

ix.

Adult Theatre.

x.

Escort Agency.

xi.

Nude Modeling Studio.

xii.

Sex Parlor.

xiii.

Sexual Encounter Center.

b.

Location.

i.

A person commits an offense if the person operates or causes to be operated a Sexually Oriented Business as follows:

(a)

Within one thousand feet (1,000') of any property line of any residentially zoned property; or,

(b)

Within one thousand feet (1,000') of any property line of any public, private, or parochial school or library; or,

(c)

Within one thousand feet (1,000') of any property line of any public or private park, playground, greenbelt, or other recreational area or facility; or

(d)

Within one thousand feet (1,000') of any property line of any church, convent, monastery, synagogue, or other place of worship; or,

(e)

Within one thousand feet (1,000') of any property line of any lot devoted to residential use; or,

(f)

Within one thousand feet (1,000') of any property line of any other Sexually Oriented Business; or,

(g)

Within the same building or structure wherein another Sexually Oriented Business occurs.

ii.

For the purposes of this UDC, measurement shall be made as follows:

(a)

The distance between two Sexually Oriented Businesses shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the first property boundary to the nearest portion of the second property boundary.

(b)

The distance between any Sexually Oriented Business and the uses listed in 2.07.04. A.17.b.i shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the first property boundary to the nearest portion of the second property boundary.

c.

Licensing and Other Requirements. For licensing and other requirements, see Ordinance Number 11-11-17-23, or as amended.

18.

Temporary Building for New Construction Standards.

a.

Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for two (2) years in accordance with a permit issued by the City Building Official. A six (6) month extension may be approved by the City Building Official. After the initial extension is given, the Building Official may approve a second six (6) month extension.

b.

Upon completion or abandonment of construction or expiration of permit, the temporary field offices and buildings shall be removed.

19.

Tower/Antenna: TV, Radio, Microwave, Telephone, or Cellular Standards. The purpose of this section is to establish procedures governing the issuance of a Specific Use Permit for the location of telecommunications towers and antennas.

a.

The City of Corinth recognizes today's rapidly changing technological environment and realizes the public's increasing acceptance of and demand for superior personal wireless communication services and with the adoption of this ordinance, the City's objectives are to:

i.

Encourage the location of towers in non-residential areas and minimize the total number, height, and obtrusiveness of towers and antennas throughout the community;

ii.

Encourage strongly the joint use of new and existing tower sites through co-location;

iii.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal (e.g., pre-existing buildings or structures such as water towers, church steeples, bell towers, clock towers, and lighting stanchions or on municipal-owned properties and facilities) to camouflage or conceal the presence of antennas or towers;

iv.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

v.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

b.

An application for a Specific Use Permit for a tower, antenna, or use of an alternative tower structure must be submitted to the Director of Planning. An application will not be considered until it is complete. A complete application must contain the following:

i.

An inventory of the applicant's existing towers that are either within the City or within one mile of the corporate limits, specifying the location, height, and design of each tower.

ii.

Site Plans to scale specifying the location of tower(s), transmission building, setbacks, driveways and other accessory uses, street access, parking, fences, landscaped areas, and adjacent land uses.

iii.

A report from a professional structural engineer licensed in the State of Texas documenting the following:

(a)

Tower height and design, showing a cross-section of the tower structure.

(b)

Total anticipated capacity of the tower structure, including the number and types of antennas which can be accommodated.

iv.

A letter of intent to lease excess space on the tower and to lease additional excess land on the tower site when the shared use potential of the tower is absorbed, if structurally and technically possible.

v.

Each applicant must make a good faith effort to substantially demonstrate that no existing towers could accommodate the applicant's proposed antenna by doing the following:

(a)

The applicant must contact the owners of all existing towers of a height roughly equal to or greater than the height of the tower proposed by the applicant. A list must be provided of all owners contacted, the date of the contact, and the form and content of the contact. Where an existing tower is known to have capacity for additional antennas of the sort proposed, that application for a new tower is not complete until the owner of the existing tower responds, unless the applicant submits sufficient information for the Director of Planning to determine that all reasonable efforts to obtain a response have been made and further efforts would be futile.

(b)

The applicant must request the following information from each tower owner contacted:

(i)

Identification of the site by location, existing uses, and tower height.

(ii)

Whether each tower could structurally accommodate the antenna proposed by the applicant without requiring structural changes be made to the tower. To enable the owner to respond, the applicant must provide each owner with the height, length, weight, and other relevant data about the proposed antenna.

(iii)

Whether each tower could structurally accommodate the proposed antenna if structural changes were made, not including totally rebuilding the tower. If so, the owner must specify in general terms what structural changes would be required.

(iv)

If structurally able, would share use by the existing tower be precluded for reasons related to RF interference. If so, the owner must describe in general terms what changes in either the existing or proposed antenna would be required to accommodate the proposed tower, if at all.

(c)

The Director of Planning must maintain and provide, on request, records of responses from each owner. Once an owner demonstrates an antenna of the sort proposed by the applicant cannot be accommodated on the owner's tower as described below, the owner need not be contacted by future applicants for antennas of the sort proposed.

(d)

Shared use is not precluded simply because a reasonable fee for shared use is charged, or because of reasonable costs necessary to adapt the existing and proposed uses to a shared tower. The City may consider expert testimony to determine whether the fee and costs are reasonable. Costs exceeding new tower development are presumed unreasonable.

vi.

Any other information which may be requested by the Director of Planning to fully evaluate and review the application and the potential impact of a proposed tower or antenna.

c.

The City Council will consider an application for a Specific Use Permit for a tower using the following procedure:

i.

After the close of the public hearing, any council member who moves to deny the application will state his or her reasons for making the motion for denial.

ii.

Before the vote is called, any council member proposing to vote in favor of the motion of denial who has additional reasons for supporting the motion must state the reasons.

iii.

If the City Council votes to deny the application for the Specific Use Permit, the City Attorney will prepare a proposed written decision for the City Council to consider at a following meeting. The decision to deny the application is not final until the City Council adopts a written decision.

d.

Building Codes; Safety Standards; Setbacks.

i.

After receiving the appropriate zoning approval, no tower, antenna, or other appurtenance shall be installed without first obtaining a building permit issued by the Building Official.

ii.

To ensure structural integrity, the owner of a tower shall ensure that the tower is constructed and maintained in compliance with standards contained in applicable local building codes ("Uniform Building Codes, UBC") and applicable standards for towers, published by the Electronics Industries Association Standard 222, ("EIA-222") "Structural Standards for Steel Antenna Towers and Antenna Support Structures."

iii.

A tower inspection report (based upon applicable UBC and EIA-222 standards) shall be prepared by an engineer licensed in the State of Texas and filed with the Building Official in accordance to the following schedule: 1) monopoles - at least once every ten years; 2) lattice towers - at least once every five years; and 3) guyed towers - at least once every three years. However, should an issue of safety be raised, the Building Official may require an immediate inspection.

iv.

If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with such standards, unless the applicant can demonstrate a hardship and thus establish the need for additional time. If the owner fails to bring the tower into compliance within said 30 days, the City shall remove the tower at the owner's expense.

v.

Tower Setback.

(a)

No television, radio, microwave, telephone or cellular tower or antenna for a commercial use shall be located within a distance equal to or less than the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current Comprehensive Plan. The distance shall be measured in a straight line from the closest point of the tower to the closest point of such area or residential structure or property line.

e.

Requirements.

i.

No advertising is permitted on an antenna or tower.

ii.

No signs or illumination are to be placed on an antenna or tower unless required by the FCC, FAA or other state or federal agency of competent jurisdiction. The Director of Planning may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

iii.

A new cell may not be established if there is a technically suitable space available on an existing tower within the search area that the new cell is to serve. For the purpose of this section, the search area is defined as the grid for the placement of the antenna.

iv.

Accessory structures used in direct support of a tower are allowed but must not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower shall not be stored or parked on the site of the tower, unless repairs to the tower are being made.

v.

Towers may be located on sites containing another principal use in the same buildable area. Towers may occupy a parcel meeting the minimum Lot size requirements for the zoning district in which it is located. For a monopole tower, the minimum distance between the tower and any other principal use located on the same Lot shall be 20% percent of the tower height or 25 feet, whichever is greater.

vi.

No outside storage shall be permitted on the tower site.

f.

Appearance.

i.

Towers must either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color, so as to reduce visual obtrusiveness.

ii.

At a tower site the design of the Building and related structures must use materials, colors, textures, screening, and landscaping that will blend the tower and facilities to the natural setting and built environment.

iii.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

g.

Landscaping and Screening. The following requirements shall govern the landscaping surrounding towers; however, in locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

i.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. Mitigation of any tree removal shall be in accordance to 2.09.02. Tree Preservation.

ii.

Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be enclosed by an eight foot, solid screening fence or masonry wall or a wrought iron fence with an eight foot evergreen, and shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any public roadway or any property used for a residential purpose. Any fence constructed in accordance with this section shall provide a knox box or other entry device for public safety access per the requirements of the Fire Marshal.

iii.

Where abutting residentially used land zoned or used for residential purposes, public land or public streets, or land designated as low or medium density residential on the City's Land Use Plan, the applicant shall provide screening and landscaping as required by this Unified Development Code.

h.

To encourage shared use of towers, no building permit or Specific Use Permit is required for the addition of antennas to an existing tower so long as the height of the tower or structure on which the antenna is placed is not increased and the requirements of this section are met.

i.

Any Specific Use Permit which is granted for a new tower is specifically subject to the condition that the tower owner abide by the following provisions relating to shared use, regardless of whether or not the ordinance granting the permit contains the conditions:

i.

The tower owner must respond in a timely, comprehensive manner to a request for information from a potential shared use applicant;

ii.

The tower owner must negotiate in good faith for shared use by third parties; and

iii.

The tower owner must allow shared use where the third party seeking the use agrees in writing to pay reasonable, pro rata charges for sharing, including all charges necessary to make modifications of the tower and transmitters to accommodate the shared use, and to observe whatever technical requirements are necessary to allow shared use without creating interference.

j.

The willful failure of an owner whose tower was approved under this section to comply with the requirements of this section is grounds for withholding approval of any application by the owner for a building permit for the approved tower, for revoking the Specific Use Permit granted for the tower, and for refusing to approve a new Specific Use Permit for any new tower or antenna.

20.

PD, Planned Development Standards. Permitted uses shall be determined through the Section 2.06.03. PD, Planned Development and Section 2.10.09. PD, Planned Development Application and Review.

21.

Private Club Standards.

a.

A Specific Use Permit for a Private Club may not be granted for property located in a residential district.

b.

An applicant for a Specific Use Permit for a Private Club shall, along with his application, submit a plan of the inside of the building where the Private Club is proposed; the plan shall indicate to scale the bar area, seating area, kitchen and other amenities and facilities.

c.

The special conditions of a Specific Use Permit for a Private Club shall provide that such Private Club shall only be operated and allowed in connection with the operation of a restaurant, either in the same or any adjacent or contiguous room of the same building. Such special conditions shall require that such restaurant shall derive no more than 50 percent of its gross revenues from the sale of alcoholic beverages. Such special conditions shall require that the operator comply with the provisions of the Texas Alcoholic Beverage Code ("TABC"). The City shall have the right to audit the books of such Private Club to assure compliance with the requirements of this subsection. The permittee shall be required to pay the costs of such audit. A country club/recreation area shall be exempt from the requirements of this subsection.

d.

A Private Club shall not be permitted in conjunction with a nonconforming use as defined in the UDC.

e.

Dancing or other entertainment which exposes less than opaquely the female breast below the top of the areola or the human genitals is prohibited in establishments where alcoholic beverages are served.

f.

There shall be no exterior signs advertising the sale of alcoholic beverages.

g.

The Private Club, country club/recreation area and restaurant shall comply with all City, County, State and Federal laws.

22.

Photovoltaic Systems (Detached) Standards:

a.

See 2.07.07, Accessory Buildings and Uses for standards.

23.

Food Truck Standards.

a.

Food trucks shall only be allowed to be located on private property where an existing, permanent business operates in a building with a Certificate of Occupancy.

b.

Food truck vendors shall provide the City with a copy of written permission from the owner of the property where the vendor is located evidencing the property owner's authorization to allow the operation of a food truck vendor upon the property and to allow the food truck vendor and their customers access to a commercially plumbed public restroom on-site. The documentation required by this section shall be provided to the City annually.

c.

A food truck vendor shall submit a site plan depicting the location of the food truck vendor on the property, shall secure a health permit from the Health Inspector, and a permit from Inspections and Permitting prior to the operation of such use.

d.

Temporary connections to potable water shall be prohibited. Water shall be from an internal tank, and electricity shall be from a generator or an electrical outlet via a portable cord that is in conformance with the Electrical Code as adopted by the City.

e.

Food truck vendors shall be located within fifty (50) feet of an entrance to a primary building that holds the Certificate of Occupancy.

f.

Food truck vendors shall be setback a minimum of one hundred (100) feet from major thoroughfares, as designated on the City's Thoroughfare Plan.

g.

Food truck vendors shall operate only during the business hours of the primary business on the property.

h.

A drive through is not permitted in conjunction with a food truck.

i.

Food truck vendors shall not operate in parking spaces, driveways, fire lanes or public roads.

j.

Food truck vendors shall be prohibited in a temporary building.

24.

Hotel Standards.

Bed and Breakfast Home/Bed and Breakfast Inn:

a.

The use shall be allowed only through an approved Specific Use Permit.

b.

Bed and breakfast owner shall provide written documentation to evidence the establishment's association with a Bed and Breakfast Accommodation and Reservation Service, and the owner shall provide written proof of the collection and payment of State and local Hotel/Motel Occupancy Tax to the City annually or upon request of City.

c.

A bed and breakfast may provide for guest stays up to fourteen (14) consecutive calendar days. A daily rate shall be charged, and no weekly or bi-weekly rates shall be charged.

d.

A minimum of three (3) and a maximum of six (6) guest rooms shall be permitted.

e.

Except as otherwise provided herein, no kitchens or kitchen appliances shall be allowed in rooms, including without limitation, ovens, burners or full-sized refrigerators. Microwave and/or under-counter refrigerators are permissible.

f.

Leasing of a common area for social events is prohibited except when adequate off- street parking is provided for a meeting/reception area in accordance with the requirements of Section 2.09.03, Vehicle Parking Regulations of the Comprehensive Zoning Ordinance, as amended, and subject to the Noise Ordinance and all other applicable ordinances and regulations of the City.

g.

A manager shall remain on-site at a bed and breakfast home and a bed and breakfast inn at all times when occupied by guests.

h.

No vending machines shall be allowed outdoors.

i.

No trash dumpsters shall be allowed for a bed and breakfast home.

j.

Building Elements (applicable to bed and breakfast inns only):

A minimum of four (4) elements from the following list shall be incorporated for each Bed and Breakfast Inn buildings

i.

Awnings.

ii.

Canopies.

iii.

Ornamental cornices.

iv.

Alcoves.

v.

Recessed Entries.

vi.

Pillar Posts.

vii.

Decorative lighting.

viii.

All facades or sides of Bed and Breakfast Inn buildings shall be designed with architectural style and building materials consistent with the front façade of the building.

ix.

Other building elements that contribute to the human scale of a building or character of the architectural design of the building, as approved by City.

k.

One (1) off-street parking space per guest room and one (1) off-street parking space per owner/proprietor shall be required.

l.

All overnight parking shall be located within designated parking spaces.

m.

Other than driveways and sidewalks, the front yard (the property from the front of the building to the street) shall not be paved.

n.

All parking areas on the property (except driveways) shall be behind all applicable building lines.

o.

Tandem parking is permitted.

p.

Stacked parking is permitted in driveways for a maximum of four (4) vehicles.

q.

Landscaping shall contribute to the overall tranquility and serene setting of the establishment providing temporary, accommodations for guests in a residential setting. Benches, plantings, fountains and other private outdoor seating areas are encouraged and a minimum of at least two (2) of these elements shall be incorporated into the Site Plan.

r.

In addition to compliance with subsection (s) below, signage is limited to six (6) square feet, either free-standing or attached to a building or mailbox, non-illuminated, and in addition to compliance with all other requirements of the Sign Ordinance the sign shall display only the name and phone number of the bed and breakfast home or bed and breakfast inn on it. No additional outdoor advertising shall be allowed.

s.

All minimum City requirements for landscaping, vehicle parking regulations, signs and all other applicable ordinances, as amended, shall be met, except where provided herein.

t.

Owner shall be required to comply with all applicable State laws.

Full-Service Hotel:

a.

The use shall be allowed only with an approved Specific Use Permit.

b.

A full-service hotel owner shall provide written documentation to evidence the establishment's association with a Hotel Accommodation and Reservation Service, and the owner shall provide written proof of the collection and payment of State and local Hotel/Motel Occupancy Tax to the City upon request.

c.

A daily rate shall be charged, and weekly or bi-weekly rates shall not be charged.

d.

A Full-Service Hotel shall contain one hundred and twenty-five (125) or more guest rooms.

e.

All guest rooms shall be accessed from an interior hallway and an interior hallway shall be accessible from a central lobby area contained within the hotel, except first floor units which may have direct access from an interior courtyard or swimming pool area instead of, or in addition to, hallway access.

f.

Exterior balconies of rooms shall not be located within two hundred (200) feet of any property zoned and/or developed as single-family unless located within an interior courtyard or physically screened or separated by another building or portion of a building, except as otherwise authorized by a Specific Use Permit.

g.

A porte-cochere or covered area shall be provided immediately adjacent to the entrance with a registration desk. The porte-cochere or covered area shall be a size sufficient to accommodate the temporary parking of at least two (2) vehicles parked side by side for guests checking in and out.

h.

Brick pavers, stained, and scored or stamped concrete or a combination thereof shall be provided in all porte-cochere areas and main drive locations.

i.

Building articulation shall be included on all facades and building materials shall comply with the building façade material standards or as otherwise approved with the site plan at the time of the Specific Use Permit.

j.

The main entrance or exit shall be located on a major street furthest from any residential district or as otherwise approved with the site plan at the time of the Specific Use Permit.

k.

All entrances or exits of any incidental business within the full- service hotel shall be from the inside of the principal hotel building or as otherwise approved with the site plan at the time of the Specific Use Permit.

l.

Building height shall be a minimum of four (4) stories.

m.

Each guest room shall have a minimum area of two hundred and seventy-five (275) square feet, including sleeping area, bathroom and closet space.

n.

Finished floor ceiling heights for all first-floor guest rooms shall be a minimum of nine (9) feet.

o.

Finished floor ceiling heights for all guest rooms located on second stories and above shall be a minimum of eight (8) feet.

p.

Window PTAC units shall not project beyond the façade walls of any unit.

q.

Except as otherwise provided herein, no kitchens or kitchen appliances shall be allowed in rooms, including without limitation, ovens, burners or full-size refrigerators. Microwave and/or under-counter refrigerators are permissible.

r.

Full-service hotels shall provide full-service facilities and amenities, such as a full-service restaurant on-site with wait staff and shall provide three (3) meals per day with on-site preparation and seating for a minimum of thirty (30) customers, an indoor or outdoor swimming pool that is a minimum of eight hundred (800) square feet. Full- service hotels shall provide meeting or conference rooms. Meeting or conference rooms shall consist of a minimum of four thousand (4,000) total square feet. Individual guest rooms shall not be counted as meeting rooms.

s.

Full-service hotels shall provide at least two (2) of the four (4) amenities listed below:

i.

Sports Court.

ii.

Exercise/Weight room.

iii.

Business Centers.

iv.

Gift Shops.

t.

Other amenities that may be included:

a.

Arboretums.

b.

Botanical Gardens (Outdoor or indoor).

c.

Spa/Sauna.

d.

Game Room.

e.

Indoor Water Park.

f.

Jogging Trail.

g.

Playground.

h.

Plaza/Atrium.

i.

Salon.

j.

Shops and Boutiques.

k.

Libraries.

l.

Theaters.

m.

Internet Cafes.

n.

Special Attractions.

u.

Guest Services:

i.

Daily housekeeping service shall be provided to each room at no extra charge.

ii.

Hotel staff shall be on-site and available at all times to provide check-in/out, custodial or maintenance services, or other guest services.

v.

All minimum City requirements for landscaping, vehicle parking regulations, signs and all other applicable ordinances, as amended, shall be met, except where provided herein.

w.

Owner shall be required to comply with all applicable State laws.

Limited Service Hotel:

a.

The use shall be allowed only with an approved Specific Use Permit.

b.

A limited service hotel owner shall provide written documentation to evidence the establishment's association with a Hotel Accommodation and Reservation Service, and the owner shall provide written proof of the collection and payment of State and local Hotel/Motel Occupancy Tax to the City upon request.

c.

A daily rate shall be charged, and a weekly or bi-weekly rate shall not be charged.

d.

A limited service hotel shall contain one hundred (100) or more guest rooms.

e.

All guest rooms shall be accessed from an interior hallway and an interior hallway shall be accessible from a central lobby area contained within the hotel, except first floor units which may have direct access from an interior courtyard or swimming pool area instead of, or in addition to, hallway access.

f.

Exterior balconies of rooms shall not be allowed within two hundred (200) feet of any property zoned and/or developed as single-family unless located within an interior courtyard or physically screened or separated by another building or portion of a building.

g.

A porte-cochere or covered area shall be provided immediately adjacent to the entrance with a registration desk. The porte-cochere or covered area shall be a size sufficient to accommodate the temporary parking of at least two (2) vehicles parked side by side exclusive of fire lane for guests checking in and out.

h.

Brick pavers, stained and scored or stamped concrete or a combination thereof shall be provided in all porte-cochere areas and main drive locations.

i.

Building articulation shall be included on all facades, and building materials shall comply with the requirements for the zoning district where the building is located or as otherwise approved in writing by the City Manager or designee.

j.

The main entrance or exit shall be located on a major street furthest from any residential district or as otherwise approved by the City Manager or designee.

k.

Building height shall be a minimum of four (4) stories.

l.

Each guest room shall have a minimum area of two hundred and seventy-five (275) square feet, including sleeping area, bathroom and closet space.

m.

Finished floor ceiling heights for all first-floor guest rooms shall be a minimum of nine (9) feet.

n.

Finished floor ceiling heights for all guest rooms located on second stories and above shall be a minimum of eight (8) feet.

o.

A Fitness Center/Exercise/Weight Room shall be provided.

p.

Except as otherwise provided herein, no kitchens or kitchen appliances shall be allowed in rooms, including without limitation, ovens, burners or full-size refrigerators. Microwaves and/or under-counter refrigerators are permissible.

q.

A daily hot breakfast shall be provided for all registered guests, and a breakfast area seating shall be provided. The breakfast may be served in the Lobby Area.

r.

Limited service hotels shall provide meeting or conference rooms. Meeting or conference rooms shall consist of a minimum of six hundred (600) square feet. Individual guest rooms shall not be counted as meeting rooms.

s.

A limited-service hotel shall provide at least two (2) of the three (3) amenities listed below:

i.

Indoor or Outdoor Pool.

ii.

Business Centers.

iii.

Pantry (Sundry Shop).

t.

Daily housekeeping service shall be provided to each room at no extra charge.

u.

Hotel staff shall be on-site and available at all times to provide check-in/out services, custodial or maintenance services or other guest services.

v.

All minimum City requirements for landscaping, parking, signs and all other applicable ordinances, as amended, shall be met, except where provided herein.

w.

Owner shall be required to comply with all applicable State law.

25.

Restaurant, Drive-In Standards.

a.

All restaurant drive-in canopies shall be designed and built with a sloped, mansard roof or similar style to match the main building. Drive-In canopies with flat roofs are not permitted. The columns supporting such canopies shall be encased with brick, stone, or other similar material that matches the primary building.

26.

Unattended Outdoor Temporary Receptacle. The standards set forth in Chapter 118 "Portable Storage Units (PSU) and Unattended Temporary Receptacles (UTOR)" of the Code of Ordinances as of are incorporated herein by reference.

(Ord. No. 14-02-20-09, § II, 2-20-14; Ord. No. 18-03-15-11, § 2, 3-15-18; Ord. No. 18-08-16-24, §§ 2.03—2.09, 8-16-18; Ord. No. 23-09-21-37, § 2.03, 9-21-23; Ord. No. 25-08-21-38, § 2.02, 8-21-25)

A.

Location and Arrangement of Residential Buildings on Lots for Single Family or Duplex Uses

1.

Only one (1) main building for single family or duplex use with a permitted Accessory Building may be located upon a lot.

2.

Every dwelling shall face or front upon a public street or approved access easement, other than an alley, which means of access shall have a minimum width of thirty feet (30').

B.

Location and Arrangement of Buildings on Lots for Multi-Family, Retail, Commercial, or Industrial Uses

1.

Where a lot is used for multi-family, retail, commercial, or industrial purposes, more than one (1) main building may be located upon the lot, but only when such additional main buildings conform to all the open space, parking and density requirements applicable to the uses and districts.

a.

All main buildings shall face upon a public street or approved access easement other than an alley, unless approved by a Site Plan in accordance with Section 2.07.05. B.2 below.

2.

In cases where two (2) or more main buildings are desired to be placed upon a single lot or tract and such buildings will not face upon a public street or approved access easement, these cases may be permitted when the Site Plan for such development is approved and complies with the platting requirements, such as access.

3.

No parking area, storage area, or required open space for one building shall be computed as being the open space yard or area requirements for any other building or other use.

a.

On lots zoned and used for multi-family use, the minimum separation distance between any two points on any two buildings shall be thirty feet (30').

C.

Specific Requirements for the Sale of Beer and Wine for Off-Premise Consumption

1.

Any business selling beer and wine for off-premise consumption shall:

a.

Be located on property zoned for nonresidential use;

b.

Shall not be permitted in conjunction with a nonconforming use;

c.

Comply with Sections 105.04 and 105.05 of the Texas Alcoholic Beverage Code ("TABC") and Chapter 98 of the Corinth Code of Ordinances (if applicable) with respect to the hours of sale and consumption; and

d.

Comply with the provisions of Chapter 109 of the TABC.

2.

A person commits an offense if the person sells beer or wine for off-premises consumption in a residential area.

3.

Pursuant to Section 109.33 of the TABC, a person commits an offense if the person sells beer and/or wine for off-premise consumption from a place of business located within 300 feet of a church, public school, private school, or public hospital.

4.

The City Council may increase this distance to 1,000 feet for a private school if the City Council receives a request from the governing body of the private school.

5.

The measurement of the distance between the place of business where alcoholic beverages are sold and the school, church, or public hospital shall be made in accordance with the requirements of Section 109.33 of the TABC.

A.

Intent of Provisions

1.

Existence of Nonconformities.

a.

The City Council has determined that it is in the best interest of the City for nonconforming uses and structures to be brought into conformance with the UDC at the earliest reasonable time. The purpose of this Section 2.07.06. Nonconforming Uses and Structures is to establish provisions for the allowance and potential alteration of uses, lots and/or structures which do not conform to currently applicable UDC zoning standards or regulations, but which were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.

b.

Nonconformities occur in three (3) general categories, or combinations thereof.

i.

Nonconforming uses as described in 2.07.06. B.1.a.

ii.

Nonconforming structures as described in 2.07.06. B.1.a. For example, a nonconforming structure can be nonconforming as to setback, yard, or height lot area or dimension requirement.

iii.

Nonconforming lots as described in 2.07.06. B.1.a. For example, a nonconforming lot can be nonconforming as to lot area or dimension requirement.

c.

It is the declared intent of this section that nonconforming uses and structures eventually be eliminated and be required to comply with the regulations of the UDC, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.

2.

Limit Incompatibility. It is further the intent of this section that nonconforming uses shall not be:

a.

Enlarged upon,

b.

Expanded or extended, or

c.

Used as a basis for adding other structures or uses prohibited elsewhere in the same district.

3.

Incompatible Uses. Notwithstanding anything to the contrary, nonconforming uses are hereby declared incompatible with the permitted uses in the districts involved.

B.

Establishment of Legal Nonconforming Status

1.

Legal Nonconformities. Legal nonconformities include the following:

a.

Those uses, structures, or lots which in whole or part do not conform to current UDC zoning standards, but were legally established prior to the date of adoption of this UDC, at which time they were in conformance with applicable standards. Such uses, structures, or lots may be maintained or potentially altered subject to the provisions of this Section 2.07.06. Nonconforming Uses and Structures.

b.

Those accessory buildings and structures on lots used for single family residential uses and existing on the date of adoption of this UDC, whether or not they conformed with applicable standards. Such structures may be maintained subject to the provisions of this Section.

2.

Illegal Nonconforming Status. Those uses, structures, or lots, other than residential accessory buildings, which in whole or part are not in conformance with UDC current zoning standards and were not in conformance with applicable standards at the time of their inception are not considered nonconforming, but are considered illegal uses, structures, or lots and shall not be approved for any alteration or expansion, and shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued.

3.

Time of Adoption. Any use, platted lot, and/or structure is a lawful use at the time of the adoption of any amendment to this UDC but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming.

4.

Annexation. If a use, platted lot and/or structure was in existence at the time of annexation to the City and has since been in regular and continuous use shall be deemed legally nonconforming.

C.

Burden of Demonstration The burden of establishing that any nonconformity is a legal nonconformity as defined in this section shall be borne by the owner or proponent of such nonconformity.

D.

Abandonment of Use of Property and Structures

1.

A nonconforming use of property or a structure, when abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this UDC.

2.

Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.

3.

A nonconforming use right shall be considered abandoned and surrendered, forfeited, and lost when evidence presented to the Director of Planning indicates that a structure designed or arranged for a nonconforming use has ceased to be used in a bona fide manner as a nonconforming use for a period of six consecutive calendar months. For purposes of calculating the six month period, a use is abandoned upon the occurrence of the first of any of the following events:

a.

On the date when the use of land is physically vacated;

b.

On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

c.

On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or

d.

On the date a final reading of water and/or power meters is made by the applicable utility provider(s).

4.

Abandonment of a nonconforming use does not require intent.

5.

Unless the Board of Adjustment reinstates the nonconforming rights pursuant to 2.07.06. J Reinstatement of Nonconforming Rights, an abandoned use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use.

6.

Prohibited Expansion or Reoccupation. A nonconforming use or structure shall not be expanded, reoccupied with another nonconforming use, or increased as of the adoption date of this UDC, except as provided in 2.07.06. F Expansion of Nonconforming Uses and Structures.

7.

Single Family Residential Uses.

a.

Conforming single family residential uses on platted lots approved prior to the UDC adoption date, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this UDC as long as the use of the lot is allowed in the respective district.

b.

Only the lot size, depth, width, and setbacks shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this UDC shall be met, or the lot shall be considered nonconforming.

8.

Existing Platted Lots are Conforming Lots. Any existing vacant lot platted prior to the UDC adoption date which was legally conforming, shall be deemed a conforming lot.

E.

Changing Uses and Nonconforming Rights

1.

Nonconforming Use to Conforming Use. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.

2.

Nonconforming Use to Another Nonconforming Use. A nonconforming use may not be changed to another nonconforming use.

3.

Conforming Use in a Nonconforming Structure. Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in 2.07.06. F Expansion of Nonconforming Uses and Structures.

F.

Expansion of Nonconforming Uses and Structures An expansion of a nonconforming use or structure is allowed in accordance with the following.

1.

Nonconforming Use Expansion in Existing Building. A nonconforming use located within a building may not be increased or extended provided:

a.

No structural alteration may be made on or in the building except those required by law to preserve such building in a structurally sound condition.

b.

Work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding twenty-five percent (25%) of the current replacement value of the building.

c.

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.

2.

Nonconforming Use Prohibited from Expansion beyond Existing Building. Nonconforming use within a building shall not be extended to occupy any land outside the building.

3.

Off-Street Loading and Parking. Nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space.

4.

Residential Lot Exemption. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official Lot of Record prior to the UDC adoption date may be used for a single family dwelling.

5.

Reuse of Nonconforming Buildings by Conforming Uses Allowed

a.

Nonconforming buildings or structures which have been abandoned and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.

b.

If re-occupied by a conforming use, then the new conforming use shall meet the applicable parking, landscaping and fire lane requirements for health, safety, and welfare reasons.

G.

Restoration of Nonconforming Structures

1.

Total or Partial Destruction. If a nonconforming structure is destroyed by fire, the elements, or other natural catastrophic event, it may be rebuilt, but the existing square footage or function of the nonconforming structure cannot be expanded. The construction must comply with all current building codes, and the zoning regulations in effect at the time the structure was permitted. The construction must commence within 12 months of the date of destruction. The failure of the owner to start such reconstruction within 12 months shall forfeit the owner's right to restore or reconstruct the structure except in conformance with this ordinance.

2.

If the owner of a nonconforming use fails to begin reconstruction of the destroyed structure within 12 months of the date of destruction, the nonconforming structure or use shall be deemed to be discontinued or abandoned.

H.

Movement of Nonconforming Structures

1.

Relocation of a Nonconforming Structure within a Platted Lot. Nonconforming structures may be relocated within the same platted lot.

2.

Compliance. Except as provided by subsection G, nonconforming structures shall comply with all setback and screening requirements.

I.

Completion of Structures. Nothing herein contained shall require any change in the plans, construction, or designated use of the following.

1.

Approved Building. A building or structure for which a building permit has been issued or a Site Plan approved prior to the UDC adoption date, provided that the permit or Site Plan shall expire in accordance with the time periods set forth in this UDC.

2.

Building in the Approval Process. A building or structure for which a complete Application for a building permit was accepted by the Building Official on or before the adoption date of this UDC, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed.

J.

Reinstatement of Nonconforming Rights

1.

Loss of Nonconforming Rights Status. If the Director of Planning determines that a nonconforming use has met the definition of abandonment and has lost its nonconforming rights, the use shall not be instituted on that parcel or other parcel in any district which does not permit the discontinued use.

2.

Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.

3.

Application for Nonconforming Rights Reinstatement:

a.

The owner and/or operator of the abandoned nonconforming use may submit a written application to the Board of Adjustment to have the nonconforming rights reinstated.

b.

Written Application for reinstatement of nonconforming rights must be made within ten (10) business days after the Director of Planning issues the written notice of determination that a use has been permanently abandoned.

4.

Board Decision. The Board of Adjustment may reinstate nonconforming rights only if the Board finds that the use was not discontinued for six (6) months or more. The failure of the owner and/or operator to remove on-premise signs shall not be considered (on its own) evidence of a continuing use.

K.

Registration and Certificate of Occupancy A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Code. The owner or lessee of the building or land occupied by the nonconforming use or structure shall apply for registration of a nonconforming use or structure to the Building Official within one year of the adoption date of this UDC. The form of registration shall be established by the building official and shall include a photograph of the nonconformity. Upon determination that the use or structure is legal nonconforming, the building official shall issue a certificate of occupancy.

L.

Nonconforming Use Created by Acquisition of Right-of-Way

1.

Deeming of a Lawful Conforming Structure. Where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of right-of-way by eminent domain proceedings, dedication, or purchase by the City, the county, the state, or a federal agency creates a nonconforming structure, lot, or setback, the structure shall be deemed a lawful conforming structure, to the extent the nonconformity results from the acquisition of the right-of-way. In the event the structure is partially or totally destroyed by natural causes, the structure may be rebuilt.

2.

Cases in which the Owner Receives Compensation for Screening or Landscaping. In the event the owner of an interest in real property receives compensation for screening or landscaping in the form of curative measures or damages to the remainder in a right-of-way acquisition, the owner shall relocate required fencing or landscaping originally located on the acquired property to the remainder of the tract as closely as practicable to the required setback.

3.

Cases in which the Owner Receives Compensation for Demolition. A certificate of occupancy shall not be issued for any structure for which compensation has been paid for the demolition of the structure or for other curative measures until such time that the structure meets all applicable ordinances or the curative measures for which the compensation was paid have been completed. For purposes of this section, "curative measures" are those actions, corrections, repairs and/or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering damages to the remainder suffered as a result of the acquisition of a portion of property.

A.

Residential Accessory Buildings and Uses

1.

The following regulations apply to Accessory Buildings servicing lots zoned for residential uses:

a.

Residential Accessory Building Dimensional regulations:

b.

Residential accessory building development regulations.

i.

Accessory buildings which are less than one hundred (100) square feet in size shall not require a permit from the City prior to construction.

ii.

Accessory buildings which are greater than one hundred (100) square feet in size shall require a permit and inspections from the City in accordance with applicable codes.

2.

The following regulations apply to Guest House/Servants' Quarters operating as Accessory Buildings or as a use attached to the main building.

a.

A Guest House/Servants' Quarters shall not be less than six hundred (600) square feet when built over a garage, nor less than seven hundred fifty (750) square feet when free standing, and shall not contain more than one thousand (1,000) square feet of living area.

i.

Nothing herein shall authorize the occupancy or the use of a Guest House/Servants' Quarters by anyone other than a bona fide guest or servant employed by the occupant of the main structure on such lot, estate or land.

ii.

A Guest House/Servants' Quarters may be constructed as a part of the main building.

b.

Any Accessory Building for human habitation shall not be occupied until the main dwelling has been completed.

c.

Only one (1) Guest House/Servants' Quarters shall be allowed on any individual tract of land.

d.

Guest House/Servants' Quarters shall not be leased or rented.

3.

Accessory Building and Use Limitations within the SF-A, Single Family Residential (attached). Only the following Accessory Buildings and uses shall be permitted within this district:

a.

One attached garage (Garage, Private (attached)) with one or more compartments and with front and side walls complying with the requirements of the front and side walls of the main portion of the building as to distance, etc.; or

b.

One detached private garage (Garage, Private (detached)) with one or more compartments and located within the prescribed building lines.

4.

Accessory Buildings and Use Limitations within the MF-1, Multi-Family Residential, MF-2, Multi-Family Residential, and MF-3, Multi-Family Residential Districts.

a.

An Accessory Building necessary to store equipment for several dwelling units or provide a service function for several dwelling units shall not be occupied as a place of abode.

b.

Any Accessory Building which is not a part of the main building shall be separated from the main building by a minimum of ten feet (10').

5.

Architectural elements for Residential Accessory Buildings.

a.

All Accessory Buildings two hundred (200) square feet and larger shall be constructed of the same exterior construction material of the main building or structure and incorporate the same architectural elements and materials as the main building.

b.

The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building unless the accessory building is prefabricated or pre-finished.

B.

Nonresidential Accessory Buildings

1.

The exterior façade of all Accessory Buildings shall be constructed of the same exterior construction material of the main building or structure and, at a minimum, material meeting the requirements of Section 2.09.04. Building Façade Material Standards.

2.

In the nonresidential districts, an Accessory Building shall not exceed the height of the main building and shall not exceed fifty percent (50%) of the floor area of the main building, and shall be used for purposes accessory and incidental to the main use.

3.

Nonresidential Accessory Buildings may meet the definition of a Portable Building.

a.

All Portable Buildings shall comply with 2.07.04. Conditional Development Standards.

(Ord. No. 19-03-21-11, § 2.01, 3-21-19)