DISTRICT REGULATIONS
Except as hereinafter specifically provided:
(1)
No land shall be used except for a purpose permitting in the district in which it is located;
(2)
No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located;
(3)
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located;
(4)
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located;
(5)
No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located;
(6)
The minimum yards, parking spaces and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of original passage of the ordinance from which this chapter is derived or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements for the district in which such lot is located;
(7)
Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and, except as hereinafter provided, there shall not be more than one main building on one lot;
(8)
Every HUD-code manufactured home hereafter installed shall be located on a lot as herein defined and must comply with this Code of Ordinances and must be properly tied down and skirted. In addition, each HUD-code manufactured home must have a driveway starting at the curb or public street if no curb is present, and continuing to a distance of five feet from the location of the HUD-code manufactured home. Any such driveway less than 75 feet must be constructed from concrete, anything longer may be asphalt. Each HUD-code manufactured home must also include 400 square feet of concrete parking, which square footage may include the square footage of the driveway as set forth herein. HUD-code manufactured homes must be a minimum of 1,000 square feet in area and be of a model year not older than five years prior to the current calendar year at the time of relocation; provided, however, that any HUD-code manufactured home proposed for relocation, with a model year no older than eight years prior to the current calendar year at time of relocation, and located within the city, may be relocated to a properly zoned site upon inspection and securing any appropriate permit and complying with requirements of the Code.
Provided, however, that any HUD-code manufactured home proposed for relocation, qualifying within the 20-year age requirement, and located within the city, may be relocated to a properly zoned site upon inspection and securing any appropriate permit and complying with requirements of the Code.
(Code 1996, 153.030; Ord. No. 0002, 12-14-1995; Ord. No. 215, 7-8-2004; Ord. No. 2015-002, 2-23-2015; Ord. No. 2017-007, 4-27-2017)
(a)
Permitted uses. A building or premises shall be used only for the following purposes.
(1)
One-family dwellings;
(2)
Churches or other places of worship;
(3)
Colleges, universities or other institutions of higher learning;
(4)
Community homes for disabled persons, as required by V.T.C.A., Human Resources Code ch. 123;
(5)
Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement;
(6)
Farms, nurseries, green houses or truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises;
(7)
Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency;
(8)
Public buildings, including libraries, museums, police and fire stations;
(9)
Real estate sales offices during the development of residential subdivisions, but not to exceed two years;
(10)
Schools, public, elementary or high;
(11)
Schools, private, with curriculum equivalent to that of a public elementary or high school;
(12)
Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work;
(13)
Water supply reservoirs, pumping plants and towers;
(14)
Accessory buildings and uses, customary incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business:
a.
The term accessory use shall include customary home occupations such as the office of a milliner, dressmaker, musician or artist, provided that such uses are located in the dwelling used by such a person as his private residence, and that person may display a nameplate on the face of the building or porch. The nameplate may contain only the name and occupation of the resident. It shall be attached directly to, and parallel to the face of the building or porch. It may not exceed eight square feet in area, be illuminated in any way, or project more than six inches beyond the face of the building;
b.
A private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided, that such garage shall be located not less than 60 feet from the front lot line nor less than five feet from any side or rear lot line and in the case of corner lots not less than the distance required for residences from side streets. A garage or servants' quarters constructed as an integral part of the main building shall be subject to the regulations affecting the main building; and
(15)
Such uses as may be permitted under the provisions of section 153.066.
(b)
Height regulations. No building shall exceed 45 feet or three stories in height without a special permit from the city council.
(c)
Area regulations.
(1)
Size of yards.
a.
Front yard. There shall be a front yard having a depth of not less than 25 feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. No parking shall be allowed within the required front yard.
b.
Side yard. There shall be a side yard on each side of the lot having a width of not less than ten feet. A side yard adjacent to a side street shall not be less than 15 feet. No side yard for allowable nonresidential uses shall be less than 25 feet.
c.
Rear yard. There shall be a rear yard having a depth of not less than 25 feet.
(2)
Size of lot.
a.
Lot area. No building shall be constructed on any lot of less than 7,500 square feet.
b.
Lot width. The width of the lot shall not be less than 75 feet at the front street building line, nor shall its average width be less than 50 feet.
c.
Lot depth. The average depth of the lot shall not be less than 125 feet, except that a corner lot, having a minimum width of not less than 80 feet may have an average depth of less than 120 feet provided that the minimum depth is no less than 90 feet.
d.
Existing lots. Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the original effective date of the ordinance from which this chapter is derived, the above regulations shall not prohibit the erection of a one-family dwelling thereon.
(3)
Lot coverage. In no case shall more than 40 percent of the total lot area be covered by the combined area of the main buildings and accessory buildings.
(d)
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.031; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in district R-1;
(2)
Two-family dwellings or duplexes;
(3)
Multi-family dwellings;
(4)
Boardinghouses and lodginghouses;
(5)
Day nurseries;
(6)
Dormitories for students;
(7)
Fraternity or sorority houses;
(8)
Hospitals, clinics and sanitariums, except a criminal, mental or animal hospital;
(9)
Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution;
(10)
Nursing and convalescent homes;
(11)
Private clubs and fraternal orders when not operated for private profit;
(12)
Accessory buildings and uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business; and
(13)
Such uses as may be permitted under the provisions of section 153.066.
(b)
Height regulations. No building shall exceed 45 feet or three stories in height without a special permit from the city council.
(c)
Area regulations.
(1)
Size of yards.
a.
Front yard. Same as district R-1.
b.
Side yard. There shall be a side yard on each side of the lot having a width of not less than ten feet. A side yard adjacent to a side street shall not be less than 15 feet. No side yard for allowable nonresidential uses shall be less than 15 feet.
c.
Rear yard. Same as district R-1.
(2)
Size of lot.
a.
Lot area. No building shall be constructed on any lot of less than 5,000 square feet. No building containing two or more dwelling units shall be constructed on any lot of less than 6,000 square feet. No lot shall contain less than 1,500 square feet per dwelling unit, providing, however, that this regulation shall not apply to hotels, apartment hotels or motels where no cooking is done in any individual room.
b.
Lot width. The width of the lot shall not be less than 50 feet at the front street building line, nor shall its average width be less than 50 feet.
c.
Lot depth. The average depth of the lot shall not be less than 100 feet, except that a corner lot, having a minimum width of not less than 80 feet may have an average depth of less than 100 feet provided that the minimum depth is no less than 80 feet.
d.
Existing lot. Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the original effective date of the ordinance from which this chapter is derived, the above regulations shall not prohibit the erection of a one-family dwelling thereon, or a two-family or three-family dwelling on a lot containing not less than 5,000 square feet.
(3)
Lot coverage. In no case shall more than 40 percent of the total lot area be covered by the combined area of the main buildings and accessory buildings.
(d)
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.032; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in district R-2;
(2)
Automobile parking lots;
(3)
Bakeries, retail sales only;
(4)
Banks;
(5)
Bowling alleys, drive-in restaurants, other similar places of entertainment or amusement, provide such use is located no less than 100 feet from any R district;
(6)
Dancing or music academies;
(7)
Florist shops or greenhouses;
(8)
Frozen food lockers, for individual or family use;
(9)
Gasoline service station, provided that the activities permitted do not include major automobile repairs, the storage or dismantling of old or wrecked motor vehicles, the sale of used automobile parts or the sale of new or used motor vehicles;
(10)
Hotels and motels;
(11)
Laundries, self-service;
(12)
Offices and office buildings;
(13)
Personal service uses including barber shops, beauty parlors, photographic or artist studios, messengers, drycleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, restaurants and other personal service uses of a similar character;
(14)
Retail stores and other local business uses, subject to the following conditions:
a.
That it may be conducted wholly within an enclosed building. Use of owned parking area is permitted for display of seasonal merchandise provided compliance is maintained with parking and loading regulations (sections 153.050 through 153.054);
b.
That sidewalk is not used for display, sale or storage of vehicles, equipment, containers or waste material; and
c.
That such use is not objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance;
(15)
Signs (advertising used in connection with and on the same lot as the business establishments to which they refer);
(16)
Theaters;
(17)
Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, excessive light, smoke, dusty noise, vibration or similar nuisance; and
(18)
Such uses as may be permitted under the provisions of section 153.066.
(b)
Height regulations. Same as district R-2.
(c)
Area regulations.
(1)
Size of yard.
a.
Front yard.
1.
Residential. Same as district R-1.
2.
Other use. When all the frontage on both sides of the street between two intersecting streets is located in district B, no front yard is required.
b.
Side yard.
1.
Residential. Same as district R-1; ten feet.
2.
Other uses. Where all the frontage on both sides of the street between two intersecting streets is located in district B, no front yard is required.
c.
Rear yard.
1.
Residential. Same as district R-1.
2.
Other uses. No rear yard is required.
(2)
Size of lot.
a.
Residential. No limitations.
b.
Other uses. No limitations.
(d)
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.033; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in district B;
(2)
Automobile or trailer display and sales, repair garages, tire and seat cover shops, car wash;
(3)
Bakeries;
(4)
Building material storage yards;
(5)
Business or commercial school;
(6)
Candy and jewelry manufacturing;
(7)
Carpentry, painting, plumbing or tinsmithing shop;
(8)
Cleaning and dying plants, laundry;
(9)
Creamery, ice cream manufacturing and dairy operation;
(10)
Farm implement display and sales room;
(11)
Ice plants;
(12)
Milk distributing station;
(13)
Mortuaries;
(14)
Pawnshops, as required by V.T.C.A., Local Government Code § 211.0035;
(15)
Pet shops, retail;
(16)
Printing, engraving and newspaper plants;
(17)
Public utilities substations;
(18)
Radio or television broadcasting station or studio;
(19)
Retail stores;
(20)
Upholstering shop and furniture manufacturing;
(21)
Veterinarian or animal hospital, provided that no such building, kennel or exercise runway shall be closer than 25 feet to an R district;
(22)
Wholesale establishments and warehouses;
(23)
Uses similar to the above-mentioned permitted uses, provided activities conducted observe the requirements of all city ordinances and regulations;
(24)
Such uses as may be permitted under the provisions of section 153.066.
(b)
Height regulations. Same as district R-2.
(c)
Area regulations.
(1)
Size of yards.
a.
Front yard.
1.
Residential. Same as district R-1.
2.
Other use. There shall be a front yard having a minimum depth of 15 feet. No storage or similar use shall be allowed in required front yards in district C, except that automobile parking will be permitted.
b.
Side yard.
1.
Residential. There shall be a side yard on each side of the lot having a width of not less than ten feet. A side yard adjacent to a side street shall not be less than 15 feet.
2.
Other uses. A side yard of not less than 15 feet in width shall be provided on the side of a lot adjoining a side street. A side yard of not less than ten feet in width shall be provided on the side of a lot adjoining an R district. Otherwise, no side yard is required. No parking, storage or similar use shall be allowed in any required side street yard adjoining an R district.
c.
Rear yard.
1.
Residential. Same as district R-1.
2.
Other use. No rear yard is required except that a rear yard of not less than 25 feet in depth shall be provided upon that portion of a lot abutting or across a rear street from an R district.
(2)
Size of lot.
a.
Residential. Same as district R-2.
b.
Other use. No limitations.
(d)
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.034; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. The following uses are permitted in the M district:
(1)
Any use permitted in any of the aforementioned districts, provided that all requirements of district R-2 shall apply to dwelling units;
(2)
Apparel and other products assembled form finished textiles;
(3)
Bottling works;
(4)
Carting, express, hauling or storage yard;
(5)
Coal, coke or wood yard;
(6)
Contractor's yard;
(7)
Cosmetic manufacturer;
(8)
Drugs and pharmaceutical products manufacturing;
(9)
Electronic products manufacturing;
(10)
Fur goods manufacture, but not including tanning or dyeing;
(11)
Glass products, from previously manufactured glass;
(12)
Household appliance products assembly and manufacture from prefabricated parts;
(13)
Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials in such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than ten percent of the lot or tract is used for the open storage of products, material or equipment;
(14)
Musical instruments assembly and manufacture;
(15)
Planing mills;
(16)
Plastic products maoppositeure, but not including the processing of raw materials;
(17)
Sporting and athletic equipment manufacture;
(18)
Testing and research laboratories;
(19)
Meat processing plants; and
(20)
Other uses similar to the above-listed uses, except that the following uses are specifically prohibited:
a.
Acetylene gas manufacture or storage;
b.
Acid manufacture;
c.
Alcohol manufacture;
d.
Ammonia, bleaching power or chlorine manufacture;
e.
Arsenal;
f.
Asphalt manufacture or refining;
g.
Blast furnaces;
h.
Bag cleaning, unless clearly accessory to the manufacture of bags;
i.
Boiler works;
j.
Celluloid manufacture or treatment;
k.
Cement, line, gypsum or plaster of Paris manufacturer;
l.
Central mixing plant for cement, mortar, plaster or paving materials;
m.
Coke ovens;
n.
Cotton gin;
o.
Cotton seed oil manufacture;
p.
Creosote manufacture or treatment;
q.
Disinfectants manufacture;
r.
Distillation of bones, coal or wood;
s.
Dyestuff manufacture;
t.
Exterminator and insect poison manufacture;
u.
Emery cloth and sandpaper manufacture;
v.
Explosives or fireworks manufacture or storage;
w.
Fat rendering;
x.
Feed lots (livestock and poultry);
y.
Fertilizer manufacture;
z.
Fish smoking and curing;
aa.
Forge plant;
bb.
Garbage, offal or dead animals reduction or dumping;
cc.
Gas manufacture or, storage, for heating or illuminating purposes;
dd.
Glue, size or gelatin manufacture;
ee.
Hatcheries (poultry);
ff.
Iron, steel, brass or copper foundry or fabrication plant;
gg.
Junk, iron or rag storage or baling, junk or salvage yards;
hh.
Match manufacture;
ii.
Lampblack manufacture;
jj.
Magnesium manufacture or processing;
kk.
Oilcloth or linoleum manufacture;
ll.
Paint, oil, shellac, turpentine or varnish manufacture;
mm.
Paper and pulp manufacture;
nn.
Petroleums or its products, refining;
oo.
Pickle manufacturing;
pp.
Potash works;
qq.
Pyroxylin manufacture;
rr.
Rock crusher;
ss.
Rolling mill;
tt.
Rubber or gutta-percha manufacture or treatment, but not the making of articles out of rubber;
uu.
Sauerkraut manufacture;
vv.
Salt works;
ww.
Shoe polish manufacture;
xx.
Smelting of tin, copper, zinc or iron ores;
yy.
Soap manufacture other than liquid soap;
zz.
Soda and compound manufacture;
aaa.
Slaughterhouses;
bbb.
Stone mill or quarry;
ccc.
Stove polish manufacture;
ddd.
Tallow grease or lard manufacture or refining from, or of, animal fat;
eee.
Tanning, curing or storage of raw hides or skins;
fff.
Tar distillation or manufacture;
ggg.
Tar roofing or waterproofing manufacture;
hhh.
Tobacco (chewing) manufacture or treatment;
iii.
Vinegar manufacture;
jjj.
Wool pulling or scouring; and
kkk.
Yeast plant.
(b)
Height regulations. No building shall exceed in height the width of the street on which it faces plus the depth of the front yard.
(c)
Area regulations.
(1)
Size of yards.
a.
Front yard. Where none of the frontage on either side of the street between two intersecting streets is located in an R district, no front yard is required. Where the frontage on one side of the street between two intersecting streets is located partly in district M and partly in an R district, the front yard shall conform to the R district regulations for a distance of not less than 300 feet from the district boundary. Where a front yard is required along the frontage on one side of a street, the front yard requirements of the property directly opposite on the other side of the street shall be not less than 25 feet. No parking, storage or similar use shall be allowed in required front yards in district M.
b.
Side yard. No side yard is required except that a side street yard of not less than 25 feet in width shall be provided on the side of the lot adjoining or across a side street from and R district. No parking, storage or similar use shall be allowed in required side yards or side street yard in district M.
c.
Rear yard. No rear yard is required except that a rear yard of not less than 50 feet in depth shall be provided upon that portion of a lot abutting or across a rear street from an R district, except that such yard requirement shall not apply where the property in the R district also backs up to the rear street. No parking, storage or similar use shall be allowed in required rear yards in district M within 25 feet of the rear property line.
(2)
Size of lot. No minimum lot size is required in the M district.
(3)
Lot coverage. No minimum coverage is required in the M district.
(d)
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.035; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. A "PUD" may include any use or uses permitted in the "R-1," "R-2," "B," "C" or "M" zoning districts.
(b)
Site plan.
(1)
Simultaneous with the request for "PUD" zoning, a "PUD" site plan shall also be filed. An application for rezoning to "PUD" shall not be deemed complete unless accompanied by a proposed "PUD" site plan.
(2)
The location of all uses, maximum building height, lot dimensions, building setbacks and maximum residential density shall be designated on the "PUD" site plan.
(3)
"PUD" site plans shall be reviewed by the planning and zoning commission and approved by the city council concurrent with the application for rezoning to a "PUD." The zoning ordinance shall provide adherence to the "PUD" site plan, or the amended "PUD" site plan, however, a rezoning shall not be required for the approval of a minor change to the "PUD" site plan as defined in subsection (c)(3) of this section.
(c)
Amendments.
(1)
Revisions to a previously approved "PUD" master site plan shall be classified as a minor or major amendment. Within five working days after filing the proposed revisions, required items and information, the zoning administrator shall provide a written response indicating whether or not the submitted revised "PUD" site plan has been accepted as a minor or major revision. If it is determined by the zoning administrator that the revised submittal is considered a minor change then said submittal shall be processed by the zoning administrator and shall not require review by the planning and zoning commission or approval by the city council. If it is determined by the zoning administrator that the proposed revision is a major change then said proposed major revisions shall be processed in the same manner as the initial "PUD" site plan submittal described in subsection (b) of this section.
(2)
A major amendment to a "PUD" site plan shall include:
a.
Any increase in the total number of residential units for the entire "PUD" greater than ten percent of the original request.
b.
Any increase in the total non-residential acreage within the "PUD" greater than ten percent of the original request.
c.
Any change in a proposed land use node from residential to a non-residential use.
d.
An increase in the height if a height restriction was included on the approved "PUD" site plan.
(3)
Any other revision to an "PUD" site plan not described in subsection (2), above, shall be deemed a minor change.
(d)
Lot and building specifications.
(1)
No new or existing building shall be erected, constructed or expanded to extend within the public right-of-way or within five feet of the rear lot line.
(2)
Height, setbacks and lot dimensions shall be in accordance with the approved "PUD" site plan or amended "PUD" site plan.
(Ord. No. 2021-013, § 1(App. A), 9-23-2021)
DISTRICT REGULATIONS
Except as hereinafter specifically provided:
(1)
No land shall be used except for a purpose permitting in the district in which it is located;
(2)
No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located;
(3)
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located;
(4)
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located;
(5)
No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located;
(6)
The minimum yards, parking spaces and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of original passage of the ordinance from which this chapter is derived or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements for the district in which such lot is located;
(7)
Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and, except as hereinafter provided, there shall not be more than one main building on one lot;
(8)
Every HUD-code manufactured home hereafter installed shall be located on a lot as herein defined and must comply with this Code of Ordinances and must be properly tied down and skirted. In addition, each HUD-code manufactured home must have a driveway starting at the curb or public street if no curb is present, and continuing to a distance of five feet from the location of the HUD-code manufactured home. Any such driveway less than 75 feet must be constructed from concrete, anything longer may be asphalt. Each HUD-code manufactured home must also include 400 square feet of concrete parking, which square footage may include the square footage of the driveway as set forth herein. HUD-code manufactured homes must be a minimum of 1,000 square feet in area and be of a model year not older than five years prior to the current calendar year at the time of relocation; provided, however, that any HUD-code manufactured home proposed for relocation, with a model year no older than eight years prior to the current calendar year at time of relocation, and located within the city, may be relocated to a properly zoned site upon inspection and securing any appropriate permit and complying with requirements of the Code.
Provided, however, that any HUD-code manufactured home proposed for relocation, qualifying within the 20-year age requirement, and located within the city, may be relocated to a properly zoned site upon inspection and securing any appropriate permit and complying with requirements of the Code.
(Code 1996, 153.030; Ord. No. 0002, 12-14-1995; Ord. No. 215, 7-8-2004; Ord. No. 2015-002, 2-23-2015; Ord. No. 2017-007, 4-27-2017)
(a)
Permitted uses. A building or premises shall be used only for the following purposes.
(1)
One-family dwellings;
(2)
Churches or other places of worship;
(3)
Colleges, universities or other institutions of higher learning;
(4)
Community homes for disabled persons, as required by V.T.C.A., Human Resources Code ch. 123;
(5)
Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement;
(6)
Farms, nurseries, green houses or truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises;
(7)
Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency;
(8)
Public buildings, including libraries, museums, police and fire stations;
(9)
Real estate sales offices during the development of residential subdivisions, but not to exceed two years;
(10)
Schools, public, elementary or high;
(11)
Schools, private, with curriculum equivalent to that of a public elementary or high school;
(12)
Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work;
(13)
Water supply reservoirs, pumping plants and towers;
(14)
Accessory buildings and uses, customary incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business:
a.
The term accessory use shall include customary home occupations such as the office of a milliner, dressmaker, musician or artist, provided that such uses are located in the dwelling used by such a person as his private residence, and that person may display a nameplate on the face of the building or porch. The nameplate may contain only the name and occupation of the resident. It shall be attached directly to, and parallel to the face of the building or porch. It may not exceed eight square feet in area, be illuminated in any way, or project more than six inches beyond the face of the building;
b.
A private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided, that such garage shall be located not less than 60 feet from the front lot line nor less than five feet from any side or rear lot line and in the case of corner lots not less than the distance required for residences from side streets. A garage or servants' quarters constructed as an integral part of the main building shall be subject to the regulations affecting the main building; and
(15)
Such uses as may be permitted under the provisions of section 153.066.
(b)
Height regulations. No building shall exceed 45 feet or three stories in height without a special permit from the city council.
(c)
Area regulations.
(1)
Size of yards.
a.
Front yard. There shall be a front yard having a depth of not less than 25 feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. No parking shall be allowed within the required front yard.
b.
Side yard. There shall be a side yard on each side of the lot having a width of not less than ten feet. A side yard adjacent to a side street shall not be less than 15 feet. No side yard for allowable nonresidential uses shall be less than 25 feet.
c.
Rear yard. There shall be a rear yard having a depth of not less than 25 feet.
(2)
Size of lot.
a.
Lot area. No building shall be constructed on any lot of less than 7,500 square feet.
b.
Lot width. The width of the lot shall not be less than 75 feet at the front street building line, nor shall its average width be less than 50 feet.
c.
Lot depth. The average depth of the lot shall not be less than 125 feet, except that a corner lot, having a minimum width of not less than 80 feet may have an average depth of less than 120 feet provided that the minimum depth is no less than 90 feet.
d.
Existing lots. Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the original effective date of the ordinance from which this chapter is derived, the above regulations shall not prohibit the erection of a one-family dwelling thereon.
(3)
Lot coverage. In no case shall more than 40 percent of the total lot area be covered by the combined area of the main buildings and accessory buildings.
(d)
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.031; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in district R-1;
(2)
Two-family dwellings or duplexes;
(3)
Multi-family dwellings;
(4)
Boardinghouses and lodginghouses;
(5)
Day nurseries;
(6)
Dormitories for students;
(7)
Fraternity or sorority houses;
(8)
Hospitals, clinics and sanitariums, except a criminal, mental or animal hospital;
(9)
Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution;
(10)
Nursing and convalescent homes;
(11)
Private clubs and fraternal orders when not operated for private profit;
(12)
Accessory buildings and uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business; and
(13)
Such uses as may be permitted under the provisions of section 153.066.
(b)
Height regulations. No building shall exceed 45 feet or three stories in height without a special permit from the city council.
(c)
Area regulations.
(1)
Size of yards.
a.
Front yard. Same as district R-1.
b.
Side yard. There shall be a side yard on each side of the lot having a width of not less than ten feet. A side yard adjacent to a side street shall not be less than 15 feet. No side yard for allowable nonresidential uses shall be less than 15 feet.
c.
Rear yard. Same as district R-1.
(2)
Size of lot.
a.
Lot area. No building shall be constructed on any lot of less than 5,000 square feet. No building containing two or more dwelling units shall be constructed on any lot of less than 6,000 square feet. No lot shall contain less than 1,500 square feet per dwelling unit, providing, however, that this regulation shall not apply to hotels, apartment hotels or motels where no cooking is done in any individual room.
b.
Lot width. The width of the lot shall not be less than 50 feet at the front street building line, nor shall its average width be less than 50 feet.
c.
Lot depth. The average depth of the lot shall not be less than 100 feet, except that a corner lot, having a minimum width of not less than 80 feet may have an average depth of less than 100 feet provided that the minimum depth is no less than 80 feet.
d.
Existing lot. Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the original effective date of the ordinance from which this chapter is derived, the above regulations shall not prohibit the erection of a one-family dwelling thereon, or a two-family or three-family dwelling on a lot containing not less than 5,000 square feet.
(3)
Lot coverage. In no case shall more than 40 percent of the total lot area be covered by the combined area of the main buildings and accessory buildings.
(d)
Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.032; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in district R-2;
(2)
Automobile parking lots;
(3)
Bakeries, retail sales only;
(4)
Banks;
(5)
Bowling alleys, drive-in restaurants, other similar places of entertainment or amusement, provide such use is located no less than 100 feet from any R district;
(6)
Dancing or music academies;
(7)
Florist shops or greenhouses;
(8)
Frozen food lockers, for individual or family use;
(9)
Gasoline service station, provided that the activities permitted do not include major automobile repairs, the storage or dismantling of old or wrecked motor vehicles, the sale of used automobile parts or the sale of new or used motor vehicles;
(10)
Hotels and motels;
(11)
Laundries, self-service;
(12)
Offices and office buildings;
(13)
Personal service uses including barber shops, beauty parlors, photographic or artist studios, messengers, drycleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, restaurants and other personal service uses of a similar character;
(14)
Retail stores and other local business uses, subject to the following conditions:
a.
That it may be conducted wholly within an enclosed building. Use of owned parking area is permitted for display of seasonal merchandise provided compliance is maintained with parking and loading regulations (sections 153.050 through 153.054);
b.
That sidewalk is not used for display, sale or storage of vehicles, equipment, containers or waste material; and
c.
That such use is not objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance;
(15)
Signs (advertising used in connection with and on the same lot as the business establishments to which they refer);
(16)
Theaters;
(17)
Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, excessive light, smoke, dusty noise, vibration or similar nuisance; and
(18)
Such uses as may be permitted under the provisions of section 153.066.
(b)
Height regulations. Same as district R-2.
(c)
Area regulations.
(1)
Size of yard.
a.
Front yard.
1.
Residential. Same as district R-1.
2.
Other use. When all the frontage on both sides of the street between two intersecting streets is located in district B, no front yard is required.
b.
Side yard.
1.
Residential. Same as district R-1; ten feet.
2.
Other uses. Where all the frontage on both sides of the street between two intersecting streets is located in district B, no front yard is required.
c.
Rear yard.
1.
Residential. Same as district R-1.
2.
Other uses. No rear yard is required.
(2)
Size of lot.
a.
Residential. No limitations.
b.
Other uses. No limitations.
(d)
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.033; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in district B;
(2)
Automobile or trailer display and sales, repair garages, tire and seat cover shops, car wash;
(3)
Bakeries;
(4)
Building material storage yards;
(5)
Business or commercial school;
(6)
Candy and jewelry manufacturing;
(7)
Carpentry, painting, plumbing or tinsmithing shop;
(8)
Cleaning and dying plants, laundry;
(9)
Creamery, ice cream manufacturing and dairy operation;
(10)
Farm implement display and sales room;
(11)
Ice plants;
(12)
Milk distributing station;
(13)
Mortuaries;
(14)
Pawnshops, as required by V.T.C.A., Local Government Code § 211.0035;
(15)
Pet shops, retail;
(16)
Printing, engraving and newspaper plants;
(17)
Public utilities substations;
(18)
Radio or television broadcasting station or studio;
(19)
Retail stores;
(20)
Upholstering shop and furniture manufacturing;
(21)
Veterinarian or animal hospital, provided that no such building, kennel or exercise runway shall be closer than 25 feet to an R district;
(22)
Wholesale establishments and warehouses;
(23)
Uses similar to the above-mentioned permitted uses, provided activities conducted observe the requirements of all city ordinances and regulations;
(24)
Such uses as may be permitted under the provisions of section 153.066.
(b)
Height regulations. Same as district R-2.
(c)
Area regulations.
(1)
Size of yards.
a.
Front yard.
1.
Residential. Same as district R-1.
2.
Other use. There shall be a front yard having a minimum depth of 15 feet. No storage or similar use shall be allowed in required front yards in district C, except that automobile parking will be permitted.
b.
Side yard.
1.
Residential. There shall be a side yard on each side of the lot having a width of not less than ten feet. A side yard adjacent to a side street shall not be less than 15 feet.
2.
Other uses. A side yard of not less than 15 feet in width shall be provided on the side of a lot adjoining a side street. A side yard of not less than ten feet in width shall be provided on the side of a lot adjoining an R district. Otherwise, no side yard is required. No parking, storage or similar use shall be allowed in any required side street yard adjoining an R district.
c.
Rear yard.
1.
Residential. Same as district R-1.
2.
Other use. No rear yard is required except that a rear yard of not less than 25 feet in depth shall be provided upon that portion of a lot abutting or across a rear street from an R district.
(2)
Size of lot.
a.
Residential. Same as district R-2.
b.
Other use. No limitations.
(d)
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.034; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. The following uses are permitted in the M district:
(1)
Any use permitted in any of the aforementioned districts, provided that all requirements of district R-2 shall apply to dwelling units;
(2)
Apparel and other products assembled form finished textiles;
(3)
Bottling works;
(4)
Carting, express, hauling or storage yard;
(5)
Coal, coke or wood yard;
(6)
Contractor's yard;
(7)
Cosmetic manufacturer;
(8)
Drugs and pharmaceutical products manufacturing;
(9)
Electronic products manufacturing;
(10)
Fur goods manufacture, but not including tanning or dyeing;
(11)
Glass products, from previously manufactured glass;
(12)
Household appliance products assembly and manufacture from prefabricated parts;
(13)
Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials in such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than ten percent of the lot or tract is used for the open storage of products, material or equipment;
(14)
Musical instruments assembly and manufacture;
(15)
Planing mills;
(16)
Plastic products maoppositeure, but not including the processing of raw materials;
(17)
Sporting and athletic equipment manufacture;
(18)
Testing and research laboratories;
(19)
Meat processing plants; and
(20)
Other uses similar to the above-listed uses, except that the following uses are specifically prohibited:
a.
Acetylene gas manufacture or storage;
b.
Acid manufacture;
c.
Alcohol manufacture;
d.
Ammonia, bleaching power or chlorine manufacture;
e.
Arsenal;
f.
Asphalt manufacture or refining;
g.
Blast furnaces;
h.
Bag cleaning, unless clearly accessory to the manufacture of bags;
i.
Boiler works;
j.
Celluloid manufacture or treatment;
k.
Cement, line, gypsum or plaster of Paris manufacturer;
l.
Central mixing plant for cement, mortar, plaster or paving materials;
m.
Coke ovens;
n.
Cotton gin;
o.
Cotton seed oil manufacture;
p.
Creosote manufacture or treatment;
q.
Disinfectants manufacture;
r.
Distillation of bones, coal or wood;
s.
Dyestuff manufacture;
t.
Exterminator and insect poison manufacture;
u.
Emery cloth and sandpaper manufacture;
v.
Explosives or fireworks manufacture or storage;
w.
Fat rendering;
x.
Feed lots (livestock and poultry);
y.
Fertilizer manufacture;
z.
Fish smoking and curing;
aa.
Forge plant;
bb.
Garbage, offal or dead animals reduction or dumping;
cc.
Gas manufacture or, storage, for heating or illuminating purposes;
dd.
Glue, size or gelatin manufacture;
ee.
Hatcheries (poultry);
ff.
Iron, steel, brass or copper foundry or fabrication plant;
gg.
Junk, iron or rag storage or baling, junk or salvage yards;
hh.
Match manufacture;
ii.
Lampblack manufacture;
jj.
Magnesium manufacture or processing;
kk.
Oilcloth or linoleum manufacture;
ll.
Paint, oil, shellac, turpentine or varnish manufacture;
mm.
Paper and pulp manufacture;
nn.
Petroleums or its products, refining;
oo.
Pickle manufacturing;
pp.
Potash works;
qq.
Pyroxylin manufacture;
rr.
Rock crusher;
ss.
Rolling mill;
tt.
Rubber or gutta-percha manufacture or treatment, but not the making of articles out of rubber;
uu.
Sauerkraut manufacture;
vv.
Salt works;
ww.
Shoe polish manufacture;
xx.
Smelting of tin, copper, zinc or iron ores;
yy.
Soap manufacture other than liquid soap;
zz.
Soda and compound manufacture;
aaa.
Slaughterhouses;
bbb.
Stone mill or quarry;
ccc.
Stove polish manufacture;
ddd.
Tallow grease or lard manufacture or refining from, or of, animal fat;
eee.
Tanning, curing or storage of raw hides or skins;
fff.
Tar distillation or manufacture;
ggg.
Tar roofing or waterproofing manufacture;
hhh.
Tobacco (chewing) manufacture or treatment;
iii.
Vinegar manufacture;
jjj.
Wool pulling or scouring; and
kkk.
Yeast plant.
(b)
Height regulations. No building shall exceed in height the width of the street on which it faces plus the depth of the front yard.
(c)
Area regulations.
(1)
Size of yards.
a.
Front yard. Where none of the frontage on either side of the street between two intersecting streets is located in an R district, no front yard is required. Where the frontage on one side of the street between two intersecting streets is located partly in district M and partly in an R district, the front yard shall conform to the R district regulations for a distance of not less than 300 feet from the district boundary. Where a front yard is required along the frontage on one side of a street, the front yard requirements of the property directly opposite on the other side of the street shall be not less than 25 feet. No parking, storage or similar use shall be allowed in required front yards in district M.
b.
Side yard. No side yard is required except that a side street yard of not less than 25 feet in width shall be provided on the side of the lot adjoining or across a side street from and R district. No parking, storage or similar use shall be allowed in required side yards or side street yard in district M.
c.
Rear yard. No rear yard is required except that a rear yard of not less than 50 feet in depth shall be provided upon that portion of a lot abutting or across a rear street from an R district, except that such yard requirement shall not apply where the property in the R district also backs up to the rear street. No parking, storage or similar use shall be allowed in required rear yards in district M within 25 feet of the rear property line.
(2)
Size of lot. No minimum lot size is required in the M district.
(3)
Lot coverage. No minimum coverage is required in the M district.
(d)
Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in sections 153.050 through 153.054.
(Code 1996, 153.035; Ord. No. 0002, 12-14-1995)
(a)
Use regulations. A "PUD" may include any use or uses permitted in the "R-1," "R-2," "B," "C" or "M" zoning districts.
(b)
Site plan.
(1)
Simultaneous with the request for "PUD" zoning, a "PUD" site plan shall also be filed. An application for rezoning to "PUD" shall not be deemed complete unless accompanied by a proposed "PUD" site plan.
(2)
The location of all uses, maximum building height, lot dimensions, building setbacks and maximum residential density shall be designated on the "PUD" site plan.
(3)
"PUD" site plans shall be reviewed by the planning and zoning commission and approved by the city council concurrent with the application for rezoning to a "PUD." The zoning ordinance shall provide adherence to the "PUD" site plan, or the amended "PUD" site plan, however, a rezoning shall not be required for the approval of a minor change to the "PUD" site plan as defined in subsection (c)(3) of this section.
(c)
Amendments.
(1)
Revisions to a previously approved "PUD" master site plan shall be classified as a minor or major amendment. Within five working days after filing the proposed revisions, required items and information, the zoning administrator shall provide a written response indicating whether or not the submitted revised "PUD" site plan has been accepted as a minor or major revision. If it is determined by the zoning administrator that the revised submittal is considered a minor change then said submittal shall be processed by the zoning administrator and shall not require review by the planning and zoning commission or approval by the city council. If it is determined by the zoning administrator that the proposed revision is a major change then said proposed major revisions shall be processed in the same manner as the initial "PUD" site plan submittal described in subsection (b) of this section.
(2)
A major amendment to a "PUD" site plan shall include:
a.
Any increase in the total number of residential units for the entire "PUD" greater than ten percent of the original request.
b.
Any increase in the total non-residential acreage within the "PUD" greater than ten percent of the original request.
c.
Any change in a proposed land use node from residential to a non-residential use.
d.
An increase in the height if a height restriction was included on the approved "PUD" site plan.
(3)
Any other revision to an "PUD" site plan not described in subsection (2), above, shall be deemed a minor change.
(d)
Lot and building specifications.
(1)
No new or existing building shall be erected, constructed or expanded to extend within the public right-of-way or within five feet of the rear lot line.
(2)
Height, setbacks and lot dimensions shall be in accordance with the approved "PUD" site plan or amended "PUD" site plan.
(Ord. No. 2021-013, § 1(App. A), 9-23-2021)