Land and buildings in each of the zoning districts may be used for any of the listed uses allowed therein, but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered, converted, arranged, or used for other than those activities specified as permitted uses in the zoning district in which such land and buildings are located. All land and structures thereon shall be used in compliance with the zoning regulations prescribed for the zoning district in which such land is located.

(Ord. No. 2006-14, § 17-8, 7-11-2006)

No land shall hereafter be used and no structure or appurtenance shall hereafter be erected, altered, converted or modified for other than those uses specified for the zoning district in which it is located as set forth in the following schedule of uses in this section. If a use is not listed (or is blank) in the following schedule of uses, it is not allowed in any zoning district:

SCHEDULE OF USES

Legend for interpreting schedule of uses:

A Land use is allowed in zoning district indicated.

P Land use is prohibited in zoning district indicated.

S Land use may be approved as a special use in zoning district indicated.

(Ord. No. 2006-14, § 17-9, 7-11-2006; Ord. No. 2007-24, 11-13-2007)

The definitions and explanations in this section supplement, restrict, and define the meaning and intent of the uses listed in section 40-34. General definitions of terms, excluding land uses, which are used in this chapter, are included in article XVII of this chapter.

(1)

Residential uses.

Bed and breakfast inn means an owner (or operator) occupied housing unit with five or fewer bedrooms/guestrooms available for overnight guests where short-term lodging and meals are provided for compensation; however, no food preparation shall be permitted in guest bedrooms.

Group living quarters means a housing facility that provides residence to four or more individuals unrelated by blood, marriage, or adoption. Group living quarters include such land uses as a boardinghouse or roominghouse, dormitory, convent or monastery (without a church on site), a nursing home, hospice, or residence for the aged, assisted living facility, residential facilities for fraternities, sororities or membership associations, and any other residential facility where the number of occupants per housing unit exceeds the definition of family in section 40-465.

Hotel ormotel means a building or group of buildings designed for and occupied as a temporary dwelling place for individuals and providing a minimum of six individual guestrooms or units where customary hotel services such as linen, maid service, telephone, and upkeep of furniture are provided. Restaurants shall be permitted as a secondary use within the building.

Industrialized housing (formerly known as a modular home) means a detached residential structure that is designed for the use and occupancy of one family; constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent site and are erected or installed on a permanent foundation system. The term "industrialized housing" includes the structure's plumbing, heating, air conditioning, and electrical systems. The term "industrialized housing" does not include a residential structure that exceeds three stories in height or 49 feet as measured from the finished grade elevation at the building entrance to the peak of the roof; housing constructed of a sectional or panelized system that does not use a modular component; or a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development (HUD), transportable in one or more sections which, in the traveling mode, is eight feet or more in width, or 40 feet or more in length, or when erected on site, is 320 or more square feet in area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems of the home. The term "manufactured home" does not include a recreational vehicle.

Manufactured home park means a unified development of three or more manufactured home spaces arranged on a tract of land under single ownership and which meets the requirements for manufactured home parks in chapter 24.

Manufactured home subdivision means a unified development of manufactured home sites on platted lots which have been divided for the purpose of individual ownership, meeting the area, yard and development standards of this chapter for such development and which is governed by the provisions of the subdivision regulations, chapter 34.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight feet or more in width, or 40 feet or more in length, or when erected on site is 320 or more feet in area and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems of the home.

Multifamily housing unit (apartment) means any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more housing units or apartments or which is occupied as a home or place of residence by three or more families living in independent housing units. The term "multifamily housing unit" includes cooperative apartments, condominiums and other land uses of a similar density. For the purpose of this chapter, regardless of how rental units are equipped, any multifamily dwelling in which units are available for rental periods of less than one week shall be considered a hotel or motel.

Patio home (zero lot line home) means a single-family dwelling on a separate platted lot which is designed such that one side yard is reduced to zero feet, or any amount less than the required side yard setback in the zoning district where the patio home is located, in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one side of such dwelling placed on the side property line.

Recreational vehicle park means a unified development under private ownership and containing three or more spaces where recreational vehicles are parked, situated or used as a temporary parking place for such transient vehicles and which meets the requirements for a recreational vehicle park in chapter.

Single-family housing unit, attached (townhouse), means a one-family housing unit which is joined to another one-family housing unit at one or more sides and each unit is located on a separate platted lot with dimensions meeting regulations for the district. At points of attachment, such buildings shall be separated from each other by firewalls, extending from footings or basement through roofs without openings which would permit the spread of fire from one building to another.

Single-family housing unit, detached, means a housing unit designed and constructed for occupancy by only one family and located on a separate building tract or platted lot and having no physical connection to a building located on any other separate lot or tract.

Two-family housing unit (duplex) means a building on a single lot containing two connected housing units, each housing unit having a separate entrance and separate accommodations for and occupied by only one family per housing unit.

(2)

Accessory and incidental uses.

Accessory building means a detached building or use that is subordinate to the main building on the lot, which is used for a purpose customarily incidental to the main building. In no instance shall the use of the detached subordinate building be contrary to the land uses permitted in the zoning district in which the building is located. An accessory building shall not be used as a residence or any other living quarters. Where one or more walls of an accessory building are part of a wall of the main building or where an accessory building is attached to the main building by a roof, the accessory building shall be considered as part of the main building and is subject to the same codes, ordinances and development standards that apply to the main building.

Caretaker's/guard's/servant's quarters means a detached secondary housing unit, located on the same lot as a main residential or nonresidential structure, occupied as living quarters for persons employed on the premises by the occupant of the premises, on a full-time basis as domestic help, such as a maid, gardener, chauffeur, cook, guard or caretaker and not rented or otherwise used as a separate dwelling and which shall not have kitchen facilities or separate utility connections.

Carport means a roofed accessory building (either portable or permanent structure) used to provide covered parking for vehicles. A carport shall be open on a minimum of three sides when attached to the main building and open on four sides when detached from the main building, covered with a roof supported by structural steel, wood columns or masonry piers. Vehicular access to a carport shall not contain an overhead, sliding or swinging door or gate and shall have no enclosing walls.

Farm accessory building means a structure, other than a housing unit, on a farm, as herein defined, for the housing, protection, or storage of the usual farm equipment, animals and crops.

Home occupation means an occupation carried on in the occupant's home by a member of the occupant's family, without the employment of additional persons and without offering any commodity for sale to the general public on the premises, and without the keeping of stock for trade, and without the storage of supplies and equipment, and with only the use of a nameplate to identify the occupation. The occupation must not create unreasonable noise or other unreasonable conditions to abutting residential property, such as emission of odors, increased traffic, parking or generation of light or smoke.

Nonresidential means a detached building subordinate to the main nonresidential building on the lot, which is used for a purpose customarily incidental to the main building.

Off-street parking incidental to main use, provided in accordance with requirements specified by this chapter, includes accompanying maneuvering area and driveway access. Required off-street parking shall be located on the lot or tract occupied by the main use, or an immediately adjacent lot or tract, or on an immediately adjacent lot or tract across an alley or a street and located within the same zoning district as the main use or a zoning district which would permit the establishment of the main use or a commercial parking lot or parking structure. An off-street parking space is not located on public right-of-way such as a street or alley, but has an all-weather surface together with an all-weather driveway connecting the parking space with a street or alley.

Residential means a detached building that is clearly subordinate to and functionally related to the main residential building on a lot which is used for a purpose customarily incidental to the main residential building such as a private garage, toolhouse, greenhouse, home workshop, or children's playhouse.

Swimming pool,(private), means a swimming pool constructed for the exclusive private use of the residents of a single-family, two-family or multiple-family housing unit.

Temporary field or construction office means a building or structure, subject to removal by order of the building inspector, used in connection with a development or construction project for housing on the site of temporary administrative and supervisory functions related to the development or the sale of real estate properties within the active development or construction project.

(3)

Utility service uses.

Electrical substation means an electrical facility consisting of transformers and associated equipment having a primary purpose of reducing the transmission voltage of a bulk electrical power source for distribution to specific areas within the city.

Local utility line means the facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage, sewage, electric power or telephone service or cable television including pad and pole mounted transformers.

Public building, office of local, state or federal agency means office facilities required by branches of local, state or federal government.

Public building, shop or yard of local, state or federal agency means facilities such as maintenance yards or shops required by branches of local, state or federal government for service to an area such as highway department yard or city service center.

Radio, television, microwave or telecommunication tower means structures supporting antennas for transmitting or receiving any portion of the radio spectrum including cellular/wireless communication facilities, but excluding noncommercial antennas installations for home use of radio or television.

Utility shops, storage yards or storage buildings (private) means facilities such as maintenance yards or shops, indoor storage and screened outdoor storage for any private individual or company, including private utility companies.

(4)

Educational and institutional uses.

Art gallery ormuseum means an institution for the collection, display and distribution of original works of art or where limited editions thereof are bought, sold, loaned, appraised, displayed or exhibited to the general public, and which is sponsored by a public or quasi-public agency.

Church orparsonage means a building for regular assembly for religious worship which is used primarily for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns, rabbis and similar staff personnel on the premises.

College means an academic institution, accredited or recognized by the state, established for educational purposes and offering courses for study beyond the secondary level, but excluding trade schools and commercial schools.

Community center, public, means a building or complex of buildings that house cultural, recreational, athletic, or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency to benefit the community.

Criminal justice halfway house means a residential facility operated to house individuals who have been in confinement for a criminal conviction or are placed in a regulated living environment as part of the disposition of a criminal allegation on the condition that the individuals must live within such facility for a specified period of time as a requirement of parole or probation from a county, state or federal judicial system.

Day care center means an establishment where more than six people are housed for care or training during the day or portion thereof.

Family care facility for children means a facility which provides room, board, care and supervision to four through six children, exclusive of a family unit of individuals related by blood, marriage or adoption, on a 24 hours a day basis. Such family care facility for children must be licensed or supervised by the state and shall be limited to foster homes and homes for the temporary placement of children for evaluation.

Family day care home means a housing unit operated by a person (caregiver), where such caregiver houses people not to exceed six in number, excluding the caregiver's own dependents, for care or training or both during ten hours or less per day. The caregiver may house up to three additional people for not more than three hours per day.

Fraternity, sorority, or membership association means the meeting places for social organizations or associations to which entrance is permitted to members only and their invited guests and specifically excluding private clubs licensed by the state alcohol beverage commission.

Group care facility for children means a facility which provides room, board, care and supervision to seven or more children, exclusive of a family unit of individuals related by blood, marriage or adoption, on a 24-hours-a-day basis. Such group care facility for children must be licensed or supervised by the state and shall be limited to foster homes and homes for the temporary placement of children for evaluation.

Rehabilitation care facility (halfway house) means a residential facility for persons who are receiving therapy and counseling from support staff who are present at all times the residents are present, for one or more of the following purposes:

a.

To help residents recuperate from the effects of drugs or alcohol addiction;

b.

To help homeless persons or families achieve independence and obtain permanent housing;

c.

To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence; or

d.

To provide temporary shelter for persons who are victims of domestic abuse.

Hospital means a medical facility or institution providing primary health services and medical and surgical care to persons, primarily inpatients suffering from illness, disease, injury, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities as licensed by the state.

Institution of religious, charitable or philanthropic nature means a nonprofit organization supported mainly by charitable donations and whose principal function is the performance of charitable work.

Public or denominational day care center means a nonprofit public or religious agency, including, but not limited to, churches, schools, and colleges, where people are housed for care or training during the day or portion thereof.

School, business, means a business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber, beauty school or commercial art school, but not including manual trade schools.

School, commercial trade, means a business organized to operate for a profit and offering instruction and training in a trade such as welding, bricklaying, machinery operation and similar trades.

School, private elementary or secondary, means a school under the sponsorship of a private agency or corporation other than a public or religious agency, having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.

School, public or denominational, means a school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including, trade or commercial schools.

Shelter means an organization providing temporary (three days or less) boarding or lodging or both on its premises primarily to indigent, needy, homeless or transient persons.

(5)

Recreational and entertainment uses.

Adult entertainment enterprise.

a.

The term "adult entertainment enterprise" means any business activity whether in public, semipublic or private premises, which offers the opportunity to feel, handle, touch, paint, be in the presence of, or be entertained by the unclothed body or the unclothed portion of the body of another person, or to observe, view, or photograph any such activity. Except as specifically provided otherwise herein, nothing in this section is intended to regulate:

1.

Any business operated by or employing psychologists, physical therapists, athletic trainers, licensed massage therapist, cosmetologists, or barbers, licensed by the state, performing functions authorized under the licenses held;

2.

Any business operated by or employing physicians, osteopaths, chiropractors or nurses, licensed by the state, engaged in practicing the healing arts; or

3.

Any retail establishment whose major business is the offering of wearing apparel for sale to customers.

b.

The term "adult entertainment enterprises" furthermore includes, but is not limited to, the following:

1.

Adult bookstore/film store means an establishment or commercial enterprise having one percent or more of its stock in trade; videos, tapes, cassettes, photographs, books, magazines and other periodicals which are distinguished by a predominant emphasis on matter depicting, describing, or related to specific sexual activities or specified anatomical areas, as defined in article XVII of this chapter.

2.

Movie arcade means any business wherein is operated a film, videotape, or digital viewing device. A film, videotape, or digital viewing device or booth subject to these provisions is defined as:

(i)

Viewing booths/arcades means an establishment or commercial enterprise which has within its structure any electrical or mechanical device, or which projects or displays any film, videotape or reproduction into a viewing area obscured by a curtain, door, or wall, or other enclosure which is designed for occupancy by no more than five persons per device at any one time, and is used for presenting material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in article XVII of this chapter.

(ii)

Adult motion picture theatre means an establishment or commercial enterprise which has a closed building with a capacity of more than five persons and is used for presenting material distinguished or characterized by a predominant emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in article XVII of this chapter for observation by patrons.

3.

Adult cabaret means an establishment whose portion of business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, including, but not limited to, dancing, posing, modeling, acting, and which is distinguished or characterized by a predominant emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in article XVII of this chapter.

4.

Adult encounter parlor means an establishment whose business consists of premises where customers who engage in specified sexual activities, as defined in article XVII of this chapter, with or in the presence of customers, or who display specified anatomical areas, as defined in article XVII of this chapter, in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.

5.

Adult lounge means an adult cabaret, as defined in subsection 5b.3 of this section which is permitted or licensed pursuant to the state alcoholic beverage code where alcoholic beverages may be served or sold.

6.

Adult drive-in theatre means a drive-in theatre used for presenting motion picture films, video cassettes, digital viewing devices (DVDs), cable television, or any other such visual media, distinguished or characterized by a predominant emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in article XVII of this chapter.

7.

Adult retail store means a retail establishment in which:

(i)

One percent or more of the stock in trade consists of items, products or equipment distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined in article XVII of this chapter.

(ii)

Any person is excluded by virtue of age from all or part of the premises generally held open to the public where products or equipment distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas as defined in article XVII of this chapter.

Commercial amusement (indoor) means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not audible at the bounding property line, and including, but not limited to, arcades, billiard parlors, bingo parlors, bowling alleys, and ice or roller skating rinks.

Commercial amusement (outdoor) means an outdoor area or structure which provides entertainment, amusement, or games of skill to the general public for a fee or admission charge wherein any portion of the activity takes place in the open including, but not limited to, archery ranges, batting cages, go-cart tracks, golf driving ranges, and miniature golf courses.

Country club (private) means a land area of 20 acres or more and buildings which may contain a golf course, clubhouse, dining room, swimming pool, tennis courts, and similar recreational or service uses available only to members and their guests.

Dance hall ornightclub means an establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulation by the city.

Day camp means a facility arranged and conducted for the organized recreation and instruction including outdoor activities on a daytime basis.

Golf course (commercial) means a privately owned golf course open to the public for a fee and operated as a commercial venture. The term "golf course (commercial)" does not include a miniature golf course as it is included in the definition of commercial outdoor amusement.

Park or playground, public, means a recreation facility or park owned or operated by a public agency such as the city parks department or school district and available to the general public; or the temporary or seasonal use of open land as a play area or recreation area, which is authorized or approved by the city.

Playfield, stadium, orneighborhood recreation center, public, means a place such as an athletic field, stadium or recreation center owned or operated by a public agency for the general public, designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities including, but not limited to, a baseball field, football field or stadium.

Riding club, private, means a paddock, clubhouse, and stable for quartering, training, and riding horses; the facilities of which are restricted to a specific membership and not available to the general public.

Swim or tennis club, private, means a recreational area containing a swimming pool or tennis courts or both with related recreational facilities and a clubhouse, all of which facilities serve a limited private membership with specific fee requirements.

Swimming pool, commercial, means a swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee.

Topless establishment means any business activity that offers the opportunity (whether as a single activity or in conjunction with any other business activity) to view male or female naked breasts that are partially clothed in a manner that leaves uncovered or visible through less than opaque clothing any portion of the breast below the areola and where the genital areas and anus are covered by a g-string or other opaque covering.

Zoo means a facility, other than a pet shop or kennel, that houses, displays, or exhibits live animals, reptiles, or birds.

(6)

Agricultural uses.

Animal hospital (outside pens) means an establishment that may include outside holding pens where animals and pets are admitted for examination, medical treatment, or surgery. Overnight stay of medically treated and recuperating animals is allowed.

Animal lot, commercial, and associated stable means an area used exclusively for quartering any hoofed animal, including, but not limited to, horses, cows, sheep, and goats, for the purposes of boarding or rental to the public. For the quartering of horses or other equine animals, a stable is required which provides at least 100 square feet for each animal quartered.

Animal lot, private, and associated stable means an enclosed area unobstructed by any cross fences, exclusively for quartering any hoofed animal, including, but not limited to, horses, cows, sheep, and goats and which meets the area and space requirements for each animal as set forth in chapter 6 with a limit of eight animals per acre; provided, however, the area requirement, as set out herein, shall not apply to a private animal lot located in AO, C, or I zoning districts. If the site contains a building such as a stable in which the animals are sheltered and/or fed, the building shall be set back from all adjacent property lines at least 50 feet. Standings under roofed stables shall be made of a material which provides for proper drainage so as not to create offensive odors, fly breeding or other nuisances. Any area used for the keeping of animals under this chapter shall be fenced and shall not encumber any front yard as specified in this chapter. Fences for pens, corral fences, or similar enclosures must be of sufficient height and strength to retain animals and shall be maintained in good condition at all times. The minimum area requirements for a private animal lot shall be calculated separately and in addition to lot area requirements for other land uses on the property. All animal lots shall be fenced separately from any residence.

Animal pound orshelter means any facility used to impound and care for stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by the city or other public body or nonprofit organization such as a humane society and is devoted to the welfare, protection, and humane treatment of animals held under the authority of the city or state law.

Farm, ranch, garden ororchard means an area of five acres or more which is used for growing usual farm products, vegetables, fruits, trees, and grains, and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law, and not including commercial riding stables.

Feed store means an establishment for the selling of corn, grain, and other food stuffs for animals and livestock, and including other implements and goods related to agricultural processes, but not including farm machinery.

Feedlot, commercial, means a confined area where cattle or other livestock are held for extended periods of time for the purpose of weight increase prior to slaughter.

Kennel means any lot, building, structure or premises where five or more dogs, cats, or any combination thereof, over the age of ten weeks are raised, trained, boarded, harbored, or kept; and any premises wherein any person engages in the business of boarding, breeding, buying, training for a fee, or selling dogs, cats or other animals. Veterinary clinics and governmental animal shelters are specifically excluded.

Veterinary office only (no hospital or outside pens) means a facility for the prevention, treatment, minor surgery, cure, or alleviation of disease and/or injury in animals, specifically domestic animals, with all care provided on an outpatient treatment basis only. No overnight boarding of animals and no outside pens shall be allowed.

(7)

Automotive service uses.

Automotive repair, major, means the general repair, reconditioning or overhaul of engines, air conditioning systems, and transmissions for motor vehicles; wrecker service; collision repair services including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning, undercoating and rust proofing; and other similar uses.

Automotive repair, minor, or service station means an establishment used for the retail dispensing or sales of petroleum products, lubricants, and automobile accessories and/or minor automobile tuneup, muffler installation, oil change or other lubrication services, or the minor repair or replacement of parts, including auto glass and seat covers, and performing state vehicle inspections and making minor repairs necessary to pass said inspection in which all services provided and all storage, supplies, parts, equipment and accessories are indoors, with the exception of fuel dispensing operations. The term "minor automotive repair" or "service station" does not include any major automotive repairs or service such as engine and transmission exchange or overhauls, or other uses listed under automotive repair, major, in this subsection (7).

New or used auto sales or rental (outdoor display) means the retail sales and/or leasing of new or used automobiles, trucks, vans or other light load vehicles, including as a minor part of the business, the indoor servicing of such vehicles; however, no dismantling of cars or keeping of used parts or junk on the premises shall be allowed.

(8)

Office and related uses.

Laboratory, medical or dental, means a facility with technological equipment designed for scientific experimentation, examination, evaluation, and documentation for medical and other technologies, including a laboratory for the preparation of medical and dental appliances, radiological preparations chemical analysis and similar activities to be used in the treatment of, or research about, humans.

Office, general business or professional, means a building or portion of a building used for the provision of executive, management, or administrative services. Typical uses are administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations, and associations.

Office, wholesale and showroom, means an establishment that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are allowable and incidental retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall be incidental to the primary use and shall not exceed 50 percent of the total floor area. The term "wholesale and showroom office" does not include service contracting operations.

Print shop, major, means an establishment whose primary service is long-run printing using a variety of printing presses, including, but not limited to, book, magazine, and newspaper publishing, four-color processing, lithography, and other similar processes.

Print shop, minor, means an establishment whose primary service is short-run printing operations such as the copying of newsletters, flyers, and resumes, using photocopy machines, as well as blueprinting of maps, construction documents and plans, and similar items.

(9)

Retail and related uses.

Antique shop means a retail establishment offering for sale within a building, articles such as glass, china, furniture, artifacts or similar furnishings and decorations of an earlier period and which have value and significance as a result of age, design or sentiment.

Cleaning or laundry, self-service shop (laundromat), means a facility where patrons wash, dry, or dry clean clothing and other fabrics in machines operated by the patron.

Cleaning shop or laundry (limited area) means a building or portion thereof in which articles of clothing and other fabrics are laundered, pressed or dry cleaned on site or used as a pickup station for such cleaning. Such cleaning shop or laundry shall not exceed 6,000 square feet of floor area.

Convenience store means a neighborhood retail establishment of less than 10,000 square feet in floor area offering limited amounts of consumer goods such as prepackaged food products, beverages, newspapers, and other similar merchandise and permitting automotive fuel sales.

Custom personal service shop means a seamstress, dressmaker, tailor, barbershop, beauty shop or similar shop offering customized or personalized service.

Garage sale means an occasional market open to the public and conducted on a residential premises in any residential district, for the purpose of disposing of personal property. The term "garage sale" includes, but is not limited to, all sales entitled lawn, yard, room, backyard, patio, or rummage sale. The term "garage sale" does not include a sale where not more than three specific items are offered for sale and all advertisements of such sale specifically names those products to be sold. Garage sales are limited to three consecutive days and each household is limited to only two garage sales in a calendar year.

Liquor store means any business, corporation, association, club, organization, incorporated or unincorporated, required to be licensed by the Texas Alcoholic Beverage Commission (TABC). Liquor stores are classified as follows:

a.

Liquor store, off-premises consumption, beer and wine sales means a store selling alcohol having a license prohibiting any consumption of alcohol on or at said premises and is restricted to retail sales of beer and/or wine shall be classified as liquor store, off-premises consumption, limited to beer and/or wine; for example, a grocery store or convenience store.

b.

Liquor store, off-premises consumption, unrestricted sales means a store permitted by the TABC to sell beer, wine or liquor not for on-premises consumption. The beer, wine or liquor shall be sold in unbroken original containers on or from the licensed premises at retail to consumers for off-premises consumption only; for example, a package store.

c.

Liquor store, on-premises consumption, beer and wine only means a facility selling alcoholic beverages and having a license permitting any consumption of beer and/or wine at or on said premises; for example a restaurant that also serves beer and/or wine in addition to food.

Repair shop for household items means the maintenance and rehabilitation of household items including appliances customarily used in the home such as washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, hair dryers, or other similar electric and electronic equipment.

Restaurant orcafeteria means an eating establishment where the preparation of food is the principal business and where customers are primarily served at tables or are self-served, where food is consumed primarily on the premises.

Restaurant oreating establishment (drive-in service) means an eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

Small engine repair shop means a shop for servicing and repair of lawnmowers, chainsaws, lawn equipment, and other machines with only one-cylinder engines. No outside storage is allowed.

Tavern, lounge or private club means an establishment where the primary activity is the sale and consumption on the premises of alcoholic beverages and where food service, if any, is secondary to the sale of alcoholic beverages. A private club is any organization or association of persons including fraternal and veteran organizations and all organizations required to be licensed by the state alcohol beverage commission.

(10)

Commercial type uses.

Auction sales facility means an establishment where objects of art, furniture, or other goods are offered for sale to persons who bid on the object in competition with each other.

Cleaning, laundry or dry cleaning plant means an establishment with over 6,000 square feet of floor area that provides full-service laundry and dry cleaning services to the general public or for bulk cleaning for other cleaning shops or laundries.

Flea market means a collection or group of stalls, booths, tables, or other similar arrangement, rented to individual vendors on a short-term basis for the display and sale of various items of new or used personal property. The principal sales shall include new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects, or equipment in small quantities.

Laboratory, manufacturing, means an indoor facility for the on-site compounding of products such as perfumes, pharmaceutical, and other chemicals and the development and assembly of similar items.

Light fabrication and assembly processes means a shop or small plant for, but not limited to, the fabrication of awnings, clothing, jewelry, small instruments or electronics, and any similar item not involving the generation of noise, odor, vibration, dust or other undesirable or obnoxious condition that would negatively affect adjacent property.

Ministorage warehouse means a unified development of leasable, self-storage units built in a controlled-access and fenced compound and consisting of varying sizes of individual, compartmentalized, self-contained units, each unit not to exceed 300 square feet in floor area. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited. No outside storage, no storage of explosives, flammable materials, or materials emitting noxious odors shall be allowed.

New building material sales and/or storage (lumberyard) means a sales and distribution center for retail and wholesale hardware, plumbing, lumber and other materials used in the building trades, of which a predominance of the building materials for sale are new products which have not previously been used in the construction of, or as a part of, any structure.

Outdoor storage means the storage of any equipment or commodity, either as the primary use of land or as an accessory use, in an outdoor area which is not enclosed by a fence, wall or other visual barrier. Where either this designation of an open storage activity or another designation might apply, the more restrictive shall govern. The term "outdoor storage" is not intended to regulate the storage of vehicles or equipment for the principal use activity of auto storage, outdoor auto sales lot, or other similar uses that are not required by this chapter to be screened.

Paint shop means an automobile, machinery or equipment painting facility where spray painting and related service is offered.

Service contracting operation (no outside storage) means an establishment whose primary activity is the provision of services for the construction, maintenance, cleaning, or repair of buildings and properties on a fee or contract basis. The term "service contractors" includes, but is not limited to, the installation and servicing of electrical, mechanical, plumbing, heating and air conditioning systems and for construction, painting, irrigation, pest control, carpet cleaning and landscape maintenance services. No outside storage of equipment, goods, or materials are allowed.

Service contracting operation (with outside storage) means a contracting operation with an outside storage area for goods, materials, and construction equipment, including vehicles and trailers, associated with the conduct of the business.

Secondhand merchandise dealers or storage means the keeping, handling, storage, or use of furniture, appliances and/or other merchandise or goods for sale or display. The term "secondhand merchandise" means an item that has previously been sold at the wholesale or retail level or previously used by an individual or business. Except in an industrial zoning district, any outdoor storage or display of such merchandise shall require visual screening as described in this chapter.

Storage warehouse (not ministorage) means an indoor facility for storing goods, merchandise and commodities either temporarily or long term.

Used building material sales and/or storage means a facility that stores and/or sells used, salvaged or recovered building materials, including, but not limited to, lumber, plywood, paneling, molding, siding, flooring, tile, bricks, blocks, doors, windows, cabinets, or other material previously used in a deconstructed building.

(11)

Transportation related uses.

Heliport means a landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft and is subject to approval by the city.

Parking lot orstructure (commercial auto) means an area or structure devoted to the temporary, daily or overnight of-street parking or storage of automobiles for a fee.

Railroad team track (and unloading dock) means a spur for spotting, unloading or loading box cars or other railroad cars.

Truck parking lot, truck storage ortruck stop means a facility for parking or storage of currently licensed trucks.

(12)

Special industrial processes (public hearing required).

Junkyard orsalvage yard means any land or building where metals, plumbing materials, appliances, vehicles, vehicle parts, rags, paper, machinery, or similar items are kept, salvaged, stored, dismantled, and/or offered for sale as whole units, as salvaged parts or as processed materials.

Landfill (inert material only) means a designated tract of land upon which material and manmade inert solid material is disposed of in accordance with the standards established by the Texas Board of Health. The material that may be disposed of shall be limited to soil, rock, dirt, sand, gravel, concrete, brush, lumber, and construction or demolition wastes. No putrescible solid waste shall be disposed of in the landfill and the landfill site must be approved by the city.

Manufacturing or industrial use means an establishment primarily engaged in the fabrication, processing, assembling, treating, and packaging of products, with incidental storage, sales and distribution of such products, including, but not limited to, the physical or chemical transformation of materials or substances into new products or anything related to the business of manufacturing products. Such uses shall be monitored to ensure that its operation, location, and construction adequately controls noise, smoke, and particulate matter, odorous matter, fire, or explosive material, toxic, and noxious matter, vibration, glare, and outdoor storage.

Recycling collection facility (publicly owned only) means a publicly owned indoor facility designed to collect, sort, and package, by manual or mechanical processes, recyclable items for transport to a reprocessing plant. The term "recyclable item" means a waste product that can be reprocessed and used again as raw material in the manufacturing of same or similar products and is not attached or combined with products containing other materials. The term "mechanical processes" means sorting and packaging by machinery in which the composition of the item remains constant but the shape of the product is altered.

(13)

Signs and identification uses.

Advertising sign (billboard) means a permanent freestanding or pole sign having space that is typically available for lease, rent or hire, separate and apart from any business activity on the premises where the sign is located, that promotes commodities or services available at a location other than where the sign is located and/or that directs persons to any location not on the premises.

Apartment, manufactured home park, or manufactured home subdivision sign means a permanent on-site sign identifying an apartment building or other similar multifamily complex, or a manufactured home park, or manufactured home subdivision on which the sign is placed and/or displayed.

Construction sign means a temporary on-site sign identifying the property owner, architect, contractor, engineer, landscape architect, or financial institution engaged in the design, construction or improvement of the premises on which the sign is located.

Development sign means a temporary on-site sign related to the promotion of new developments and located on the premises of the development.

General business sign means a permanent on-site sign designated as an accessory use for the main structure specifically for the location where it is placed which advertises only commodities or services offered on the premises where such sign is located.

Institutional sign means a permanent on-site sign for the identification of a school, church, hospital or similar public or quasi-public institution.

Nameplate means a permanent on-site sign indicating only the name, address and major occupation of the occupant of the premises and which is not illuminated by intermittent or flashing lights.

Political sign (temporary) means a temporary sign that contains primarily a political message and that is located on private real property with the consent of the owner, but does not include a political message on a sign such as a billboard that is generally available for rent and/or purchase to carry commercial advertising or other messages that are not primarily political.

Real estate sign (temporary for sale or rent sign) means a temporary on-site sign pertaining to the sale or rental of property on which the sign is placed.

Recreational vehicle park sign means a permanent on-site sign for the identification of a recreational vehicle park on which it is placed.

(Ord. No. 2006-14, § 17-10, 7-11-2006)

(a)

The city council, after public hearing and proper notice to all parties affected, and, after recommendation from the planning and zoning commission containing such requirements and safeguards as are necessary to protect adjoining property, may authorize by ordinance the issuance of a special use permit for the uses in the zoning districts indicated by an "S" in section 40-34.

(b)

The planning and zoning commission in considering any application for a special use permit shall require a comprehensive site plan for the development, such required site plan to be approved and filed as part of the ordinance prior to the issuance of any building permit in a special use development. Such required site plan and ordinance shall show the following, unless some or all are waived by the city council:

(1)

The legal description of the land included in the site plan and of the lot, as well as the name of the owner, developer and designer;

(2)

The boundary lines of the area included in the site plan including angles, dimensions, and reference to a section corner, quarter corner, or point on a recorded plat, a north arrow, scale and the lot area of the land within the site plan;

(3)

Private drives and public streets showing direction of travel, ingress and egress to property, street width, and inside radii for all curves along with adequate right-of-way to conform with the thoroughfare plan of the city;

(4)

Parking spaces and driveways conforming to article XIII of this chapter.

(5)

Utility locations, easements, and drainage;

(6)

Sidewalks, type, height, and location of signs, lighting and fencing or screening walls;

(7)

Architectural drawings detailing the exterior design and materials, shape, height, size and floor area of all existing and proposed structures;

(8)

Proposed use and number of occupants or employees;

(9)

Location of areas of landscaping or planting, yards, open space, and common areas;

(10)

Other development and protective requirements considered necessary by the planning and zoning commission and the city council to create a reasonable transition to and protection for adjacent property.

(c)

The city council may, in the interest of public welfare and to ensure compliance with the purposes of this chapter, establish additional conditions of operation, location, arrangement, and construction for any use for which a special permit is authorized. In authorizing the location of any of the uses listed in section 40-34 as a special use permit, the city council may impose additional development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, or other undesirable or hazardous conditions. In considering a special use permit for any use in any of the residential zoning districts or in an O, LR, or SC zoning district, special consideration shall be given to possible undesirable characteristics of the use such as outside activities, storage of vehicles, equipment or materials, location and visual effects of loading areas and building type and appearance inconsistent with the zoning district.

(d)

Every special use granted under the provisions of this article shall be considered as an amendment to this chapter, as applicable to such property. In granting such permit, the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy and compliance may be issued by the building inspector for the use of the buildings on such property pursuant to said special permit; and such conditions shall not be construed as conditions precedent to the granting of special permit for the change in zoning of such property, but shall be construed as condition precedent to the granting of the certificate of occupancy and compliance.

(e)

In addition to the uses allowed by a special use permit as shown by an "S" in section 40-34 the city council may also authorize the location of the following uses and criteria by special use permit:

(1)

Private housing projects and shopping centers consisting of not less than three acres in any district when accompanied by a site plan drawn to scale and showing the arrangement of the project in detail together with essential requirements such as parking facilities, location of buildings and the uses to be permitted, and means of egress and ingress.

(2)

Dog kennels and animal hospitals on sites of five acres or more, in any zoning district where these uses are not allowed outright.

(3)

Riding academy or public stable on sites of five acres or more in any zoning district where these uses are not allowed outright.

(4)

Hospitals, children's homes, group living quarters, where a site of five acres or more is provided in any zoning district where these uses are not allowed outright.

(5)

Rehabilitation care facility (halfway house) where a site of 20 acres or more is provided in any zoning district where this use is not allowed outright.

(Ord. No. 2006-14, § 17-11, 7-11-2006)

It is recognized that certain areas of the city may be suitable for the development of manufactured home parks and manufactured home subdivisions. It is for these areas that the MH zoning district is designed. The MH zoning district is not intended to be utilized for the placement or location of a single manufactured home. All manufactured home developments shall be within or a part of a manufactured home park or manufactured home subdivision. Any rezoning application for MH zoning district shall include an area of not less than two acres unless it is immediately adjacent to an existing MH zoning district containing not less than two acres. All manufactured home park developments shall comply with chapter 24 and all manufactured home subdivisions shall comply with chapter 34.

(Ord. No. 2006-14, § 17-12, 7-11-2006)

The purpose of this section is to set forth standards for the placement and architectural appearance of manufactured homes within the city. This section is to ensure that manufactured homes are compatible with other dwellings in residential neighborhoods and meet minimum placement and architectural standards while providing an alternative means of affordable home ownership for the residents of the community.

(1)

Manufactured homes allowed in MH district. Manufactured homes shall be allowed in the MH manufactured home zoning district when located in either a manufactured home park or manufactured home subdivision. A HUD-code manufactured home may be placed, located or permitted only if it is situated in a duly platted and recorded manufactured home subdivision, specifically identified as such, which meets all the requirements of this Code. In a manufactured home subdivision, only one manufactured home shall be placed on each lot.

(2)

Manufactured homes allowed in C or I districts. In the C or I zoning districts, a manufactured home is allowed to locate in a manufactured home park, a designated manufactured home subdivision, or on a platted lot that is not part of a designated manufactured home subdivision. For individually platted lots that are not part of a designated manufactured home subdivision in the C or I zoning districts, no more than two manufactured homes shall be placed on each lot provided that all area, setback, height and other bulk requirements set forth in this chapter shall be met. If three or more manufactured homes are placed on one lot, the property shall be deemed a manufactured home park and shall follow the regulations set forth in chapter 24.

(3)

Manufactured homes allowed by special permit. In any zoning district where manufactured homes are not allowed outright (AO, R-1, R-2, R-3, MD, A, O, LR, SC), a new manufactured home may be allowed by special permit if approved by the city council under the following provisions:

a.

A new manufactured home, meeting the definition of a manufactured home in section 40-35(1), shall never have been installed at any previous location, shall never have been occupied for any reason including as a sales office, temporary residence or for commercial use, shall never have been involved in an accident, shall never have received weather-related damage that at any time has affected its structural integrity, and shall have no visible signs of damage;

b.

Only one new manufactured home shall be placed on each platted lot that meets size/area requirements for a site-built, single-family housing unit in the zoning district where the new manufactured home shall be located;

c.

The new manufactured home shall have a minimum width of not less than 28 feet as measured at all points perpendicular to the length of the manufactured home;

d.

The new manufactured home shall have a minimum living area of 900 square feet;

e.

The new manufactured home shall be permanently attached or affixed to a permanent foundation system and all portions of the transportation system including wheels, axles, towing apparatus, lighting or other such conditions which are not integral parts of the structure shall be removed before the manufactured home is permanently attached or affixed. The permanent foundation system shall be per state and federal standards pursuant to Texas Revised Civil Statutes art. 5221 f. (V.T.C.A., Occupations Code § 1201.251). (After the home has been placed on the property, the title of the manufactured home must be surrendered to the state because once it is permanently placed, it becomes part of the property and is considered a permanent residence.);

f.

The new manufactured home shall have a main roof of not less than a 3:12 pitch and roof shall be solid deck with shingle or metal roof;

g.

The new manufactured home shall have concrete or masonry stem walls or fiber cement skirting;

h.

The new manufactured home shall have a stairway at each exit;

i.

The exterior covering and roof of any and all garages or carports on the same building site as the new manufactured home must be of the same material as that of the new manufactured home;

j.

The new manufactured home shall meet all off-street parking, driveway, setback, height, bulk, and other requirements set forth in this chapter for the district in which it is located.

(4)

Skirting requirements.

a.

All manufactured homes shall be skirted within 60 days from the date the manufactured home is placed on the property.

b.

Skirting shall be installed around the exterior perimeter of a manufactured home to enclose the under floor area from the bottom of the unit to the ground. Skirting shall be of materials approved for exterior exposure, such as fiber cement skirting, and shall be installed and fastened to withstand damage from winds and exposure to the elements. The skirting material shall be a material intended for use as a finished exterior surface and shall be painted, if required, for the protection of the material. Skirting material shall be the same or of similar color to the manufactured home.

1.

Panel-type skirting material shall be securely attached to wood or metal stud frame structures that are anchored to the ground and to the bottom of the manufactured home at not more than six feet on center with approved anchors. Wood stud frames, and panel materials made of wood products that are within six inches of the ground shall be preserved or treated for ground contact in accordance with the building code. Wood or metal stud frames shall consist of a bottom plate, a top plate, and studs at no more than 24 inches on center. Panel materials shall be attached to stud frames with fasteners appropriate for and compatible with the material used, and the fasteners shall be approved for exterior exposure both in accordance with the building code. Fasteners in panel materials shall be spaced around the perimeter of each panel at not more than six inches on center and in the field of the panel at not more than 12 inches on center. Panel materials shall also be installed in accordance with the manufacturer's instructions.

2.

If used in place of panel skirting materials, perimeter footings shall be of concrete, and perimeter stem walls above the ground shall be of either concrete or masonry, both in accordance with the foundation details for a pier and beam structure as adopted in the building code. Perimeter footings and stem walls shall fully enclose the underside of the manufactured home. Any skirting method shall provide for under floor access and ventilation as required by the building code.

(5)

Manufactured home installation permit.

a.

The placement of individual manufactured homes within the city limits, other than a new manufactured home installed by the retail seller, shall require the issuance of a manufactured home installation permit by the building inspector. The permit shall authorize water and sewer connection, gas utility connection to existing opening, electrical utility connection to existing meter base with lifeline and air conditioning.

b.

Installation of all manufactured homes (new or used) shall have a HUD label inspection number and shall comply with all applicable local, state, and federal laws. Issuance of a permit is dependent on location in an allowable zoning district, conformance with appropriate subdivision regulations, building setbacks and other development standards.

c.

For all manufactured homes to be placed in a manufactured home subdivision in the MH, C, or I zoning districts or on an individually platted lot in the C or I zoning districts, the applicant for a manufactured home installation permit shall submit the following to the building inspector to receive a manufactured home installation permit:

1.

Deed for the lot where the manufactured home is proposed to be located;

2.

Manufactured home title and other information regarding make, model, length, width, year model, and HUD inspection number of the manufactured home; and

3.

Plot plan showing the property lines with dimensions, any easements, the location of the proposed home, location of any existing and proposed buildings and location of the off-street parking area to the building inspector.

(6)

Certificate of compliance and occupancy.

a.

No manufactured home hereafter installed or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the building inspector stating that the manufactured home or proposed use of a manufactured home or premises complies with the provision of this chapter.

b.

As a requirement of the issuance of such certificate of occupancy and compliance, the manufactured home must be skirted as detailed in subsection (4) of this section, from the ground to the base of the unit with substantial solid material of similar appearance to the manufactured home unit within 60 days of issuance. Failure to comply with the skirting requirement shall result in the revocation of the permit.

(7)

Mobile homes prohibited. Mobile homes, as defined in section 40-35(1a), are prohibited within the city. Any mobile home legally located in the city prior to the enactment of this chapter and used and occupied as a residential dwelling shall be allowed to remain in place, but shall not be replaced with another mobile home under any circumstances. Any such existing mobile home shall be removed when unoccupied for a period in excess of six months.

(8)

Dilapidated, substandard and unfit mobile and manufactured homes. The city retains its rights regarding any mobile home or manufactured home which is or becomes dilapidated, substandard, unfit for human habitation, and a hazard to the public health, safety, and welfare, pursuant to ch. 214 of the Texas Local Government Code (V.T.C.A., Local Government Code ch. 214) and other applicable laws.

(Ord. No. 2006-14, § 17-13, 7-11-2006)

(a)

The purpose of this section is to set forth standards for the placement and architectural appearance of industrial housing within the city. The intent of this section is to ensure that industrialized housing is compatible with surrounding residential dwellings and meet minimum placement and architectural standards while still providing for an alternative means of affordable housing.

(b)

Industrialized housing must:

(1)

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 industrialized housing is proposed to be located.

(2)

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 industrialized housing is proposed to be located.

(3)

Comply with city building setbacks for front, side and rear yards, subdivision controls, and other site requirements as set forth by the city.

(4)

Be securely affixed to a permanent foundation.

(Ord. No. 2006-14, § 17-14, 7-11-2006)

(a)

All structures housing a liquor store, as defined in this chapter, must be located at least 300 feet from any lot used for church, school or hospital purposes. Said measurements shall be in a straight line in all directions from the structure housing the liquor store to the nearest point on any lot used for church, school or hospital purposes.

(b)

All structures housing a liquor store, as defined in this chapter, having a permit which allows on-premises consumption of alcohol must be located at least 300 feet from any lot in a residential zoning district or any lot used for church, school or hospital purposes. Said measurements shall be in a straight line in all directions from the structure housing the liquor store (on-premises consumption) to the nearest point on any lot in a residential zoning district or any lot used for church, school or hospital purposes except as set forth in subsections (c) and (d) of this section.

(c)

Should said liquor store be located in conjunction with other buildings in a manner where said liquor store is clearly separated from other portions of the structure (for example, a liquor store in a shopping center) the liquor store structure's measurements shall be taken from the boundaries of the space in which the liquor store is housed or confined (not the entire shopping center, motel or structure).

(d)

Should said liquor store be located in conjunction with other buildings in a manner where said liquor store is situated above the ground level of a multistory structure and is clearly separate from other activities within the structure (for example, a liquor store on an upper level of an office tower) the liquor store's measurements shall be taken from the nearest entry to that portion of the structure housing the liquor store, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line to the nearest point on any lot in a residential district (for on-premises consumption only) of any lot or tract used for church, school or hospital purposes.

(e)

Each applicant for a liquor store, as defined in this chapter, must submit a site plan setting out the dimensions and locations for such liquor store. The applicant shall sign a certified and notarized statement attached to the site plan that the proposed liquor store complies with the requirements set forth in this section. It shall be the duty of the applicant to prepare the site plan and to ensure compliance with the distance requirements.

(Ord. No. 2006-14, § 17-15, 7-11-2006)