A.

SFR, residential, general purpose and description. The SFR, Single-Family Residential Dwelling District, is restricted to single-family dwellings, up to 2.7 units per acre, and to related recreational, religious and educational facilities normally required to provide the basic elements of a balanced, orderly convenient, and attractive residential area. Single-family residential areas shall be protected from higher density residential development and from the encroachment of incompatible uses. Internal stability, harmony, attractiveness, order, and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities.

1.

Area and height regulations. Area and height regulations in an SFR district are set forth in subsection Q.2 of this section, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the SFR district under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in an SFR district are set forth in subsection P of this section, permitted use table.

A.1.

SFR-E, residential, general purpose and description. The SFR-E, Single-Family Residential Estate Dwelling District, is the most restrictive residential district. The principal use of land in this district is for low-density single-family dwellings, up to 0.5 units per acre, and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. Low-density residential areas shall be protected from multiple-family residential development and from the encroachment of incompatible uses. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities.

1.

Area and height regulations. Area and height regulations in an SFR-E district, are set forth in subsection Q.2 of this section, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission with the SFR-E district under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in an SFR-E district are the same as SFR, and are set forth in subsection P of this section, permitted use table.

B.

(R-2 and R-3) MFR-L, residential, general purpose and description. The MFR-L, Multiple-Family Residential Dwelling—Low-Density District, is intended to provide for lowest-density multiple-family dwellings which may have a relatively intense concentration of dwelling units served by large open spaces consisting of common areas and recreation facilities, thereby resulting in a maximum density of six dwelling units per acre. The principal use of land may be one or several dwelling types, including multiple-family dwellings, and including two-family dwellings, garden apartments, condominiums and townhouses. Recreational, religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The multiple-family residential dwelling district—low functions as a buffer or transition between commercial or higher density residential areas and lower density areas. The intent of these regulations is to allow development of property which may have a limited area suitable for residential development due to a portion of the property being flood-prone or adjacent to a district of a different zoning designation.

1.

Area and height regulations. Area and height regulations in an MFR-L district are set forth in subsection Q.2 of this section, regulation matrix, provided, however, that for SFR uses permitted in MFR-L districts, all the district regulations for SFR development shall apply, including but not limited to, lot area, width and setback requirements.

2.

See section 8 for supplementary district regulations.

3.

Reserved.

4.

Permitted uses. Uses permitted in an MFR-L district are set forth in subsection P of this section, permitted use table.

C.

(R-4) MFR-M, residential, general purpose and description. The MFR-M, Multiple-Family Residential Dwelling—Medium-Density District, is intended to provide for medium-density multiple-family dwellings which may have a relatively intense concentration of dwelling units, up to nine per acre, served by large open spaces consisting of common areas and recreation facilities, thereby resulting in medium gross densities. The principal use of land may be one or several dwelling types, including low-rise multiple-family dwellings, garden apartments, condominiums and townhouses. Recreational, religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The MFR-M, multiple-family residential district, functions as a buffer or transition between commercial or higher-density residential areas, and lower-density residential areas.

1.

Multifamily residential area and height regulations. Area and height regulations in an MFR-M district are set forth in subsection Q.2 of this section, regulation matrix, provided, however, that for MFR-L uses permitted in MFR-M districts, all the district regulations for MFR-L development shall apply, including but not limited to lot area, width and setback requirements.

2.

See section 8 for supplementary district regulations.

3.

Reserved.

4.

Permitted uses. Uses permitted in an MFR-M district are set forth in subsection P of this section, permitted use table.

C.1.

GHD, residential, general purpose and description. The GHD, Garden Home District, is intended to provide medium-density, detached, single-family dwellings having open space between units which exceed multi-family buildings, with density not exceeding six units per acre.

The district may be located adjacent to a district of a different zoning designation, and for which the development as GHD would be appropriate as a buffer between incompatible land uses.

(1)

Dwellings in the GHD utilize a zero-foot lot line along one side of the property. The intent is to utilize one side of the structure as a shared wall and create a U-shaped, garden area or patio inset on the opposite side of the structure.

(2)

Fifty percent or more of one side of the structure shall be located within (1) one foot of the zero-lot line. Building walls which are located on the zero-foot lot line shall meet the adopted building code requirements, which may limit the types of allowed penetrations and projections.

(3)

The final plat shall show graphic easements, or a plat note, that dedicates a five (5) foot wide access and maintenance easement for all lots adjacent to lots with a zero-foot lot line. The purpose of this easement is to give the adjoining owner access for maintenance of his/her dwelling.

(4)

The closest exterior roofline to an adjacent property shall be storm guttered if the general slope of the roof falls toward the neighboring property. Gutters shall include returns to direct the water to the subject property.

(5)

The interior living area of the first floor of any two-story residential structure in GHD shall contain not less than 60 percent of the structure's total living area, and not more than 40 percent of the structure's total living area shall be contained on the second floor, excluding open decks, porches, terraces, and garages.

D.

(R-5) MFR-H, residential, general purpose and description. The MFR-H, Multiple-Family Residential Dwelling—Highest-Density District, is a residential district intended to provide for the highest residential density ranging up to 12 dwelling units per acre. The principal use of land in the district is for a wide variety of dwelling types, including low-rise multiple-family dwellings, garden apartments, condominiums, and townhouses and, subject to a specific use permit, high-rise apartments. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. The MFR-H district is usually located adjacent to the major street and serves as a buffer or transition between commercial development or heavy automobile traffic and medium-density residential development.

1.

Area and height regulations. Area and height regulations in an MFR-H district are set forth in subsection Q.2 of this section, regulation matrix, provided, however, that for MFR-L and MFR-M uses permitted in MFR-H districts, all the district regulations for MFR-L and MFR-M development shall apply, including but not limited to lot area, width and setback requirements.

2.

See section 8 for supplementary district regulations.

3.

Reserved.

4.

Permitted uses. Uses permitted in an MFR-H district are set forth in subsection P of this section, permitted use table.

E.

(R-6) MHR, Mobile Home District, general purpose and description. The MHR, Mobile Home District, is a residential district intended for mobile home development, up to ten units per acre. Recreational uses normally located in mobile home developments are permitted in this district.

1.

Area and height regulations. Area and height regulations in an MHR, mobile home residential dwelling district, are set forth in section 7-Q.2, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the MHR district under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in an MHR district are set forth in subsection P of this section, permitted use table.

5.

Other required conditions. The provisions of Ordinance No. 129 (Mobile Home Ordinance) of the city shall apply to the MHR district.

F.

(C-1) CSC, Community Shopping Center District, general purpose and description. The CSC, Community Shopping Center District, is intended for a unified grouping, in one or more buildings of several, typically between five and 20, retail and service shops or stores that provide for the regular needs and are for the convenience of the people residing in adjacent residential neighborhoods. Gross floor area in a community shopping center typically ranges from 30,000 to 100,000 square feet, and land area consists of two to ten acres in size. It is intended that the community shopping center be developed as a unit, with adequate off-street parking for customers and employees, and with appropriate landscaping and screening to ensure compatibility with surrounding residential environment. This district is ideally located at the intersection of two or more arterial or major streets with a service area of up to 1½ miles. Development of a community shopping center requires approval of a development site plan by the planning and zoning commission.

1.

Area and height regulations. Area and height regulations in a CSC district are set forth in subsection Q.2 of this section, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the CSC district under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in a CSC district are set forth in subsection P of this section, permitted use table. A specific use permit for a shopping center as a particular use is required before any building permit or certificate of occupancy may be issued in this district.

5.

No CSC district shall be created which includes less than two acres.

6.

Buildings in the CSC zoning district are encouraged to have exterior cladding of brick, masonry, stone, stucco or glass. Fiber cement boards/siding are discouraged, except as trim for eaves and overhangs, while all building products and materials approved for use by a national model code published within the last three code cycles (2018, 2015 and 2012) are allowed by V.T.C.A., Government Code ch. 3000.

G.

NC, Neighborhood Commercial District, general purpose and description. The NC, Neighborhood Commercial District, is primarily intended for retail sales, services and office activities in a mixed grouping. This designation is intended for use along major thoroughfares and collector streets where larger tracts of land can be utilized as coordinated commercial centers. This designation is intended for use of land areas between one-quarter acre and two acres. Structure size is typically between 4,000 and 20,000 square feet. Development of a neighborhood commercial district requires approval of a development site plan by the planning and zoning commission. Office uses permitted in this district shall not exceed 60 percent of the gross building and structure floor area.

1.

Area and height regulations. Area and height regulations in an NC district are set forth in subsection Q.2 of this section, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the NC district under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in an NC district are set forth in subsection P of this section, permitted use table.

5.

Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed 90 percent of the total lot area.

6.

Buildings in the NC zoning district are encouraged to have exterior cladding of brick, masonry, stone, stucco or glass. Fiber cement boards/siding are discouraged, except as trim for eves and overhangs, while all building products and materials approved for use by a national model code published within the last three code cycles (2018, 2015 and 2012) are allowed by V.T.C.A., Government Code ch. 3000.

G-1.

LNC, Local Neighborhood Commercial District, general purpose and description. The LNC, Local Neighborhood Commercial District, is primarily intended for retail sale of convenience goods or services for persons residing in adjacent residential areas. Other uses are permitted in the LNC when they are of similar land use intensity and physical impact as those uses to be integrated into the surrounding residential area. Because the retail and personal service uses permitted may be an integral part of the neighborhood, closely associated with the residential, religious, recreational, and educational uses in the neighborhood, more restrictive requirements are placed on development relative to other commercial zoning categories. The local neighborhood district is intended for use at the entrance to residential areas and in some situations within the confines of a residential district. This designation is intended for use of land areas of up to one acre. Development of a local neighborhood commercial district requires approval of a development site plan by the planning and zoning commission.

1.

Area and height regulations. Area and height regulations in an LNC district are set forth in subsection Q.2 of this section, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning, compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the LNC district under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in an LNC district are set forth in subsection P of this section, permitted use table.

5.

The gross building and structure floor space shall not exceed 4,000 square feet.

6.

Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed 80 percent of the total lot area.

7.

Buildings in the LNC zoning district are encouraged to have exterior cladding of brick, masonry, stone, stucco or glass. Fiber cement boards/siding are discouraged, except as trim for eves and overhangs, while all building products and materials approved for use by a national model code published within the last three code cycles (2018, 2015 and 2012) are allowed by V.T.C.A., Government Code ch. 3000.

H.

OPD, Office Park District, general purpose and description. The OPD, Office Park District, is intended to encourage and permit general professional and business office development in a fashion consistent with surrounding development. This district is ideally suited as a buffer between commercial and residential areas. As such, it shall be considered for entrances and land adjacent to residential developments. The ultimate development is to provide land use intensity and landscaping consistent with surrounding areas. Development of an office park district requires approval of a development site plan by the Planning and Zoning Commission.

1.

Area and height regulations. Area and height regulations in an OPD are set forth in subsection Q.2 of this section, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the Planning and Zoning Commission within the OPD under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in an OPD are set forth in subsection P of this section, permitted use table.

5.

Show window or display window effects shall not be permitted and there shall be no display from windows or doors and no storage of merchandise in the building or on the premises except in quantities customarily found in professional or business offices.

6.

Retail operations that are primarily for selling to office park occupants are permitted. Examples of these retail operations would be restaurants, coffee shops, office supply, barbershops, gift shops, health spas, specialty stores.

7.

One caretaker's quarters unit may be provided for each office park complex.

8.

Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed 90 percent of the total lot area.

9.

Buildings in the OPD are encouraged to have exterior cladding of brick, masonry, stone, stucco or glass. Fiber cement boards/siding are discouraged, except as trim for eves and overhangs, while all building products and materials approved for use by a national model code published within the last three code cycles (2018, 2015 and 2012) are allowed by V.T.C.A., Government Code ch. 3000.

I.

Downtown District (DD), general purpose and description. The DD, downtown district, is designed to accommodate and promote the city's original business and downtown areas. It is intended to achieve a balance of retail, commercial, office, and residential and public activities. Development within the DD should be pedestrian friendly with an emphasis on shared parking and shared access between developments. Development within the DD requires the approval of a development site plan by the Planning and Zoning Commission.

1.

Area and height regulations. Structures within the DD are intended to be between one to four stories. The maximum height allowed is 70 feet as measured in accordance with the method prescribed in section 20. Additional regulations are set forth under subsection Q.2 of this section, regulation matrix.

a.

No residential use shall be allowed on the first floor.

2.

See section 8 for supplementary district regulations.

3.

Permitted uses. Uses permitted in the DD are set forth in subsection P of this section, permitted use table.

4.

Buildings in the DD are encouraged to have exterior cladding of brick, masonry, stone, stucco, glass or lap sided cement fiberboard. Sheet cement fiberboards are discouraged, except as trim for eves and overhangs, while all building products and materials approved for use by a national model code published within the last three code cycles (2018, 2015 and 2012) are allowed by V.T.C.A., Government Code ch. 3000.

J.

PUD, planned unit development, general purpose and description.

(1)

General.

(a)

This district allows for greater flexibility in the design and coordination of a single use or mixed uses than in other districts because a specific ordinance is written for every PUD. A PUD is a unique zoning classification and shall be granted only when the planning and zoning commission and city council determine that the applicant has submitted a complete application containing sufficient detail. An applicant is not entitled to a PUD as a matter of right. The city reserves the right to establish conditions as determined appropriate.

(b)

The general purposes of all PUD districts are several-fold:

1.

To encourage unified design and development of tracts of land incorporating a variety of uses, including, but not limited to, residential, commercial, office, and institutional;

2.

To accommodate innovation in development by modifying the city's land use and development regulations;

3.

To provide for and protect the public health, safety, and general welfare of the city by assuring quality development in accordance with the city's comprehensive plan and other related goals;

4.

To minimize the negative impact of developments, especially those related to drainage, environment, traffic, and public services and related facilities;

5.

To protect and enhance the aesthetic and visual qualities of development;

6.

To provide development of sites in a suitable fashion when such development is restricted by such factors as site location and shape; or

7.

To promote economic development in accordance with the city's plans for such.

(c)

In no case shall a PUD be used for the sole purpose of circumventing the intent of city ordinances or plans. For the PUD district, the use and property development regulations shall be the same as if each use approved in the PUD were situated in the most restrictive district in which such use is otherwise permitted in this ordinance, unless other restrictions and regulations are approved as a part of the site plan and the PUD district.

(d)

The development must be planned as an integral unit and must protect nearby landowners from adverse impact with appropriate buffering and landscaping. A site plan is required for all PUDs.

(e)

A PUD district must meet a minimum of one of the following criteria. The planning and zoning commission may recommend, and city council may determine, that more than one criterion is needed to approve a PUD.

1.

The land is proposed for development as a mixed-use development requiring more flexible and innovative design standards;

2.

The land is proposed for redevelopment or infill development and special design considerations are deemed necessary;

3.

The land serves as transition between different and seemingly incompatible land uses;

4.

The land is proposed for development of a major employment center or of major economic benefit for the community, and for which special design standards may be warranted;

5.

To provide amenities or features that would be of a special benefit to the community; or

6.

The land has unique environmental features or unusually configured parcels requiring a more flexible approach to zoning and clustering of uses, or special design standards.

(2)

Application.

(a)

Application and approval process. A development review committee meeting with staff is required prior to application for a PUD. Following the DRC meeting, the applicant will submit all required documents described below to city staff for comments and corrections prior to scheduling the public hearing.

(b)

Each PUD application shall be accompanied by payment for the processing fee as established in section 14. Advertisement and public hearings shall be held by the planning and zoning commission and city council in accordance with the notification procedure set forth for a rezoning application. Following the public hearing, the planning and zoning commission shall forward the plan with its recommendation to the city council for consideration. The planning and zoning commission and/or city council may require additional information throughout the process.

(c)

An applicant may choose one of two ways to seek PUD approval:

1.

Submit all items listed below with the application and the required processing fee for rezoning. This option would allow the site plan to be approved as a part of the zone change and prevent the applicant from a second submittal after rezoning to obtain site plan approval.

(a)

Data describing all processes and activities involved with the proposed use;

(b)

Boundaries of the area covered by the site plan;

(c)

The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roofline, gross floor area and location of building entrances and exits;

(d)

The location of existing drainage ways, and significant natural features;

(e)

Proposed landscaping and screening buffers;

(f)

The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities and outside trash storage facilities;

(g)

The location, height and type of each wall, fence, and all other types of screening;

(h)

The location, height, and size of all proposed signs;

(i)

Utility and drainage plans;

(j)

Regulation matrix designating what zoning district the development will follow; and

(k)

Data describing any variation from the typical development requirements; or

2.

Submit a conceptual plan with the application and the required processing fee for rezoning. This option will require the applicant to apply for site plan approval at a later date if the zone change to PUD is approved. At the time of site plan approval, all information contained in the conceptual plan shall be certified by an engineer and/or surveyor. The conceptual plan shall provide the following information:

(a)

General land use and density plan;

(b)

Identify proposed general uses, densities, major open spaces, circulation, and access features. Detention and/or retention areas may be calculated as open space only when, in the opinion of the planning and zoning commission, the detention area is designed to act as an amenity;

(c)

Statement indicating proposed phasing of development and the projected timing of each;

(d)

Data describing all processes and activities involved with the proposed use;

(e)

Regulation matrix designating what zoning district the development will follow; and

(f)

Data describing any variation from the typical development requirements.

(3)

Modification of standards proposed within a PUD.

(a)

Following adoption of a PUD ordinance pursuant to this section, all subsequent plans prepared for the development or any portion of the property within a PUD must substantially conform to the approved plan in accordance with the standards of the PUD ordinance, this section, and all other applicable ordinances of the city.

(b)

The city recognizes that market conditions may alter the development of a large PUD and hereby provides that alterations in the land area or square footage, as appropriate, covered by a category of use, may be varied by not more than 10 percent. In no case shall such variations change traffic or circulation patterns, substantially alter the number or arrangement of buildings, increase the height of buildings, lessen the amount or effectiveness of open space or landscaped buffers, or result in a greater impact on adjacent properties or neighborhoods. Percentage changes specified herein shall be the maximum change allowed; multiple changes exceeding those percentages shall not be approved administratively but shall require the owner to submit an application for an amendment to the district standards.

(4)

Time limit. A planned unit development issued under this section shall expire two years after its date of issuance if the construction or use authorized thereunder is not substantial and is not providing consistent progress prior to the expiration of said two-year period; provided, however, if, prior to the expiration of such two-year period, the owner of property to which a PUD applies requests, in writing, an extension thereof, the city council, after recommendation from the planning and zoning commission, may approve such extension for not more than two additional years. The PUD zoning will remain in place, however, and a new application, fee, and development plan must be submitted in accordance this section. The new submittal must be approved for any construction to occur.

(5)

Revocation. A PUD may be revoked or modified, after notice and hearing, if the PUD was obtained or extended by fraud or deception or if the terms of the PUD have not been met.

K.

Reserved.

L.

A-1, Agricultural District, general purpose and description. The A-1, Agricultural District, is intended for the growing and/or marketing of agricultural products.

1.

Area and height regulations. Area and height regulations in an A-1 district are set forth in subsection Q.2 of this section, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the A-1 district under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in an A-1 district are set forth in subsection P of this section, Permitted use table. Residential development is prohibited in the A-1 district; however, dwelling quarters for onsite employees and their families are permitted provided such residential use conforms to the SFR district regulations, including lot area, width and setback requirements and parking ratio.

M.

(M-1) LI, Light Industrial District, general purpose and description. The LI, Light Industrial District, is intended primarily for the conduct of light manufacturing, assembling, and fabrication, and for warehousing, wholesaling, and service operations. This district is designed to upgrade industrial development standards, prevent industrial blight, and protect light industrial development from incompatible residential, commercial or heavy industrial uses.

1.

Area and height regulations. Area and height regulations in an LI district are set forth in subsection Q.2 of this section, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the LI district under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in an LI district are set forth in section 7-P, permitted use table.

N.

I, Industrial District, general purpose and description. The I, Industrial District, is intended to provide for industrial uses and other uses not otherwise provided for in the other districts. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts and most commercial districts wherever possible.

1.

Area and height regulations. Area and height regulations in an I district are set forth in subsection Q.2 of this section, regulation matrix.

2.

See section 8 for supplementary district regulations.

3.

See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the I district under certain circumstances and conditions.

4.

Permitted uses. Uses permitted in an I district are set forth in subsection P of this section, permitted use table.

O.

BP, Business Park District. The BP, Business Park District, is intended to encourage and permit light manufacturing and/or service operations and auxiliary retail and wholesale sales. The business may be individually owned or leased by a common owner. The types of uses, and the design and exterior appearance shall be so controlled as to maintain the integrity and be generally compatible with adjacent surrounding residential and commercial development. All services, manufacturing and storage are to be indoors. This district shall access or abut major thoroughfare and/or collector streets. It is intended that the business park be developed as a unit. Development of a business park district shall be developed on a minimum of 10,000 square feet and shall be subject to site plan approval by the planning and zoning commission.

1.

Area and height regulations. Minimum size business park 10,000 square feet, no structure within a BP shall be located within 25 feet of an exterior BP boundary (an exterior BP boundary is one that abuts a zone other than BP).

2.

See section 9 for temporary certificates of zoning compliance that may be granted by the administrative official and specific use permit that may be recommended by the planning and zoning commission within the BP district under certain circumstances and conditions.

3.

See section 8 for supplementary district regulations.

4.

Permitted uses. Uses permitted in a BP district are set forth in subsection P of this section, permitted use table.

5.

Light manufacturing is permitted only if limited to final machining, assembly, testing, processing and packaging into finished goods from raw materials produced elsewhere, such as electronic parts assembly, medical products processing, mechanical parts assembly and aerospace equipment processing.

6.

Truck docking facilities are permitted, provided they are located in the rear or side yard and screened from view of adjacent street right-of-way.

7.

Screening devices for refuse containers are required.

8.

Parking shall be designated on the parking group section of the permitted use table. However, a minimum of four parking spaces per business or four spaces per 1,000 square feet of gross building floor space for each structure, whichever is greater, is required.

9.

Performance standards shall conform to section 8.J as shown in the CSC zoning district.

10.

Exterior requirements. All buildings are encouraged to be constructed with at least 65 percent of their exterior walls, excluding doors and windows, constructed of masonry materials, or concrete construction or a combination of masonry, concrete, aluminum or glass materials, while all building products and materials approved for use by a national model code published within the last three code cycles (2018, 2015 and 2012) are allowed by V.T.C.A., Government Code ch. 3000.

11.

Except as specifically provided in the permitted use table in subsection P of this section, retail sales shall be permitted as accessory uses only and then only to the extent that such sales are sales of products manufactured or serviced on the premises. Retail sales shall not be permitted as a primary use in the BP district except where specifically authorized in said subsection P of this section.

P.

Permitted uses.

1.

Use of land and buildings. Buildings, structures, land or premises shall be used only in accordance with the uses specifically permitted in the zoning district classification for the site subject to compliance with parking regulations, height and area requirements, special conditions and all other requirements of the zoning ordinance.

2.

Permitted use table. The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter "P" in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district. The letter "S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only obtaining a specific use permit as set forth in section 9.G. No primary use shall be permitted in any district unless the letter "P" or the letter "S" appears opposite the listed permitted use. The letter "O" in the zoning district column means that the permitted use is for office functions only. Parking requirements are in section 8.F. The letters "NP" in the PUD-Mixed Use Zoning District column means those uses so specified are not permitted under any circumstance.

3.

Uses not listed. Primary uses not listed in the permitted use table may be permitted in any district where similar uses are permitted. The function and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with the permitted uses in the district, and be similar in traffic-generating capacity, noise, vibration, dust, odor, glare and heat producing characteristics.

4.

Accessory use. A use which is customarily incidental to that of the primary existing use, which is located on the same lot or premises as the primary existing use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use.

5.

North America Industry Classification System (NAICS) Codes. The activity descriptions in the current NAICS Codes prepared by the United States Executive Office of the President, Office of Management and Budget, shall be used to determine the primary establishment uses when reference is made in the tables to a designated standard industrial classification. Every January, community development staff shall determine if the manual has been revised. If the manual has been revised, such revisions and changes will be summarized in a written report and presented to the planning and zoning commission. The commission will make recommendations to council regarding adoption of the revised manual and appropriate changes to the zoning ordinance permitted use table. The commission may recommend that an ad hoc committee review and propose revisions to the permitted use table.

6.

Permitted use table.

(a)

Second floor and above.

(b)

Legend:

1.

P: Permitted.

2.

S: Special use permit required.

3.

O: Office use only.

4.

Blank: Not permitted.

(c)

Notwithstanding the permitted uses depicted in this table, which are intended to address uses not otherwise regulated or restricted by federal, state, or related law for protected specific uses, it is the intention of the city to fully comply with all such legal requirements. Any applicant who is relying upon any such specific rules or regulations not otherwise addressed in this table shall provide the relevant provisions to the city for review.

(d)

Swimming pool. Exception for private recreation facilities under subsection (e) of this section.

1.

If located in any residential zoning district, the pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.

2.

A swimming pool shall be deemed an accessory structure under the terms of this appendix, and shall, except as otherwise specifically provided herein, be subject to all requirements and restrictions hereunder. A swimming pool may be erected within a required rear yard, provided it is set back no closer than five feet from any rear lot line but shall not be erected within any required front or side yard. Swimming pool pump, filter, and heating equipment may be located within a required side or rear yard, but not nearer than five feet from any side or rear property line.

(e)

Private recreation facility. Private recreation facilities in residential districts for multifamily developments, subdivisions, or homeowners' associations shall be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowners' association and their guests, and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquetball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within 25 feet of any street right-of-way or within ten feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of one space for each 4,000 square feet of area devoted to recreational use with a minimum of four spaces and a maximum of 20 spaces.

(f)

Auto repair garage. Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions:

1.

All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress.

2.

No spray painting may be done except in a spray booth especially designed for that purpose.

3.

All other auto repairing, etc., shall be conducted within a building enclosed on at least three sides.

4.

All vehicles awaiting body repair and/or paint, not currently being worked on within the required building, shall be stored behind and completely screened by an eight-foot opaque fence. The fence must be placed as to not block visibility of traffic and allow required ingress and egress. In addition, the fence must comply with fence requirements as noted in section 8.B.

5.

Repaired vehicles, or those waiting to be repaired, cannot occupy recommended parking places.

(g)

Temporary batching facility. Before a specific use permit may be granted for a temporary batching facility, the city council shall find that such batching plant, yard, or building is both incidental to and necessary for construction within two miles of the plant. A specific use permit may be granted for a period of not more than 180 days, and approval shall not be granted for the same location for not more than four specific use permits during any 30-month period. Within 30 days following the termination of any batching plant, the permittee shall cause the site to be returned to its original condition.

(h)

Junkyards. No property located within the corporate limits of the city shall be used and no building shall be erected for or converted to be used as an auto wrecking yard, junkyard, salvage storage, scrap metal storage yard or wrecking material yard, except in the I, industrial district.

(i)

Dry cleaning facilities. Dry cleaning establishments shall be subject to the following additional supplemental requirements at the time of submittal for site plan approval, certificate of occupancy, first permit or zoning compliance request. Compliance with all applicable city, state and federal codes, ordinances and regulations shall be required prior to the issuance of a certificate of occupancy. In the case of a conflict between city, state and federal regulations, the more stringent shall control. Reports and copies of all documentation listed below must be provided to the city on a quarterly basis.

1.

The facility may process only the clothing dropped off by customers at that location.

2.

All employees shall be certified by the equipment manufacturer before operating or maintaining the equipment at that site.

3.

The facility shall be registered with the EPA and TNRCC as a small industrial generator of hazardous waste, if required by state or federal regulations, or the owner shall provide proof that it is exempt from such registration.

4.

The facility shall have a sampling port installed on its property to allow compliance sampling by city, state, or federal agencies, of sewer effluent.

5.

Perchloroethylene waste storage shall be limited to no more than 90 days on-site.

6.

Perchloroethylene waste removal shall be handled by a third-party transporter and removed to a RCRA permitted treatment storage and disposal facility.

7.

No perchloroethylene shall be stored on-site other than in the dry cleaning machine system.

(j)

Single tenant or occupant retail uses occupying 50,000 gross square feet or more. The following requirements shall be in addition to the requirements of any applicable zoning district or overlay district. The following regulations also apply if any interior portion of the 50,000 gross square feet of the building envelope is subleased to another tenant or occupant not affiliated with the primary tenant or occupant:

1.

Provide a noise mitigation plan to verify compliance with the city's current maximum permissible sound levels located in article IV, chapter 54 of the Code of Ordinances;

2.

Front building facades and facades fronting private or public streets with facades greater than 200 feet in length shall incorporate wall plane projections or recesses that are at least six feet deep. Projections and/or recesses must be at least 25 percent of the length of the facade. Uninterrupted lengths of facade may not exceed 100 feet in length;

3.

Buildings shall be architecturally finished on all four sides with the same architectural elements as required in subsection P.6.(j)4 of this section except the rear of the building, provided that a double row of trees is planted along the property line behind the building. In this case, the architectural finish must match the remainder of the building in color and facade material only. A double row of trees shall include trees planted on offset 50-foot centers in a 15-foot landscape buffer, where 50 percent of the trees are canopy evergreen trees; and

4.

Buildings that are 50,000 square feet or more in size must include a minimum of six of the following architectural elements. Buildings that are 100,000 square feet or more in size must include a minimum of eight of the following architectural elements or other architectural features approved by the planning and zoning commission:

a.

Canopies, awnings or porticos.

b.

Overhangs.

c.

Arches.

d.

Arcades (a series of adjoining arches).

e.

Peaked roof forms.

f.

Outdoor patios.

g.

Display windows.

h.

Architectural work, such as tile work and moldings integrated into the building facade.

i.

Articulated ground floor levels or base.

j.

Articulated cornice lines.

k.

Integrated planters or wing walls that incorporate landscape and sitting areas.

l.

Offsets, reveals, or projecting ribs used to express architectural or structural bays.

m.

Accent materials (minimum 15 percent of exterior facade).

n.

Varied roof heights.

o.

Other architectural features approved by the planning and zoning commission.

Q.

District area and height regulations.

1.

No lot, parcel, premises or tract of land shall be created and no building permit shall be issued for any request that does not meet the appropriate minimum lot area, width, depth, yard and height regulations as set forth in the following tables.

2.

See regulation matrix.

REGULATION MATRIX - COMMERCIAL DISTRICTS

Refer to paragraphs in section 7-Q.3. for area and height exceptions.

A.

When LI district is across the street from a residential district, front yard shall be a minimum of 40 feet.

B.

When I district is across the street from a residential district, front yard setback shall be a minimum of 50 feet.

C.

When industrial district abuts side and/or rear residential district, setback shall be a minimum of 90 feet.

D.

When rear yard of an NC or LNC district abuts a residential district, rear yard setback shall be a minimum of 25 feet.

E.

Lots within the downtown district (DD) in existence prior to the creation of the DD shall be deemed as lawfully existing and shall be allowed to develop under DD regulations. Further, tracts of any size in existence prior to the creation of the DD may be combined into larger tracts and developed, even if the aggregate size is less than 15,000 square feet. Further, no lot classified as within the DD zone may be subdivided to less than the minimum size of 15,000 square feet.

F.

When DD rear yard abuts a residential district (residential district or garden home district), rear yard setback shall be a minimum of 15 feet.

G

Reserved.

H.

In NC and OPD, building site coverage, consisting of all buildings, structures and all paved surfaces, shall not exceed 90 percent of the total lot area, per subsections G.5 and H.8 of this section.

I.

In LNC, building site coverage, consisting of all buildings, structures and all paved surfaces, shall not exceed 80 percent of the total lot area, per subsection G-1.6 of this section.

J.

When side yard of a BP district abuts another BP district, side yard setback shall be a minimum of 10 feet. In BP, no structure shall be located within 25 feet of an exterior BP boundary. An exterior BP boundary is one that abuts a zone other than BP, per subsection O.1 of this section.

K.

Height maximum includes belfries, chimneys, cooling towers, elevator bulkheads, fire towers, storage towers, monuments, ornamental towers and spires, stage towers and scenery lofts, tanks and water towers.

L.

Setbacks shall be measured from the edge of the street ROW. If streets or drives are private, setbacks shall be measured from the edge of the drainage, utility, or access easement, whichever is greater.

REGULATION MATRIX—RESIDENTIAL DISTRICTS

Refer to paragraphs in section 7-Q.3. for area and height exceptions.

A.

Lots of less than 120 feet wide require curbs. Lots 120 feet wide or greater may use open ditches.

B.

35 feet on thoroughfares.

C.

25 feet on thoroughfares.

D.

Zero-foot lot line on one side only.

E.

Ten-foot minimum separation between buildings.

F.

Lots currently in existence with less than 90 feet of width may continue with the same existing setback provided they are not less than a minimum of five feet.

G.

Developer must elect either units per acre or lot area. Two-family residential units on two lots are required when lot area is elected. Example: a duplex requires two 45-foot-wide lots.

H.

Setbacks shall be measured from the edge of the street ROW. If streets or drives are private, setbacks shall be measured from the edge of the drainage, utility, or access easement, whichever is greater.

I.

25 feet when abutting land zoned single-family residential (SFR) district.

J.

Reserved.

K.

Parking is required in accordance with the parking group table in the design criteria manual.

3.

Area and height exceptions.

a.

Height maximum in community shopping center (CSC), neighborhood commercial (NC), office park district (OPD), light industrial (LI), industrial (I), and business park (BP) districts may exceed 40 feet in height, but in no event greater than 70 feet in height, when the building setback from the nearest property line is equal to or greater than the building height. Buildings or structures that exceed 40 feet in height shall have a minimum distance to the nearest single family residential (SFR) zoning of at least two and a half (2.5) times the overall building height. Distance shall be measured from the nearest point of the building to the single family residential (SFR) property line.

b.

Exceptions for community shopping center (CSC), neighborhood commercial (NC), office park district (OPD), light industrial (LI), industrial (I), and business park (BP) districts:

1.

On buildings or structures located in these districts, finials, crosses, and other religious symbols shall not extend more than ten feet above the building or extend more than ten feet above the allowable building height; and

2.

Finials, crosses and other religious symbols shall not be accessible and shall not be illuminated above the roofline.

c.

Exceptions for the downtown district (DD):

1.

On buildings or structures located in the downtown district (DD), finials, crosses and other religious symbols shall not extend more than 18 feet above the building or extend more than 18 feet above the allowable building height; and

2.

Finials, crosses, and other religious symbols shall not be accessible and shall not be illuminated above the roofline.

d.

Communications towers height criteria:

1.

Height limitations of communication towers. The maximum communication tower height, including antennae, lightning rods and accessories, in residential districts shall not exceed 40 feet and in non-residential districts shall not exceed 200 feet, unless otherwise approved by city council.

2.

Height limitations for communication towers placed on existing buildings. Communication towers and antennae, which are located on top of buildings or structures shall not be more than 30 percent of the structure height above the structure.

3.

This section applies to telecommunication towers, ham radio and television antennas, microwave relay, radio and television transmission towers.

e.

Buildings or structures located in a planned unit development (PUD): Buildings and structures located in a planned unit development (PUD) shall be exempt from the height limitations contained herein. Height limitations for buildings or structures located within a PUD application will be as established in the ordinance authorizing and approving the PUD.

f.

Accessory buildings or structures in residential districts: Unattached accessory buildings or structures less than 25 feet in height, as measured from the adjacent grade to the highest point of any portion of such building or structure, may be located in required rear or side yards within residential districts, provided they are set back not less than five feet from any interior side lot line, 20 feet from any side lot line adjacent to a side street, and ten feet from any rear lot line.

g.

Interior side yards shall not be required for abutting properties in the same zoning district if both properties are developed as a unit under a common development plan.

h.

When individual attached townhouses or condominiums are to be sold separately, there shall be no minimum lot area requirements, provided that the total land area of the project, including the land on which the units are located and the land held in common ownership by the unit owners, is equal to the total minimum land area required per dwelling unit or lot in the district in which the project is located.

i.

Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be 15 feet.

j.

Stairs in certain situations. In residential zoning districts that have minimum front yard requirements, uncovered stairways associated with a residential use may project into the required front yard but shall remain a minimum of ten feet from the front property line, if:

1.

A building is being elevated or reconstructed on an existing foundation to meet or exceed current city floodplain standards; and

2.

The stairway projection into the required front yard is limited to the minimum area required to meet elevation standards; and the stairway, at its widest point, shall not exceed ten feet.

k.

Elementary and secondary schools shall be exempt from the height limitations contained herein. Height limitations for elementary and secondary schools will be established in the ordinance authorizing and approving a specific use permit (SUP).

(Ord. No. 85-37, § 1, 1-6-1986; Ord. No. 89-10, §§ 1—3, 9-11-1989; Ord. No. 89-18, § 1, 11-16-1989; Ord. No. 90-5, § 2, 3-5-1990; Ord. No. 90-6, §§ 1, 2, 3-19-1990; Ord. No. 90-18, § 1, 7-23-1990; Ord. No. 92-15, § 1, 10-5-1992; Ord. No. 92-16, §§ 1, 2, 10-19-1992; Ord. No. 93-5, §§ 1—3, 4-19-1993; Ord. No. 93-8, § 1, 6-7-1993; Ord. No. 94-4, § 1, 4-18-1994; Ord. No. 95-12, § 1, 5-15-1995; Ord. No. 95-4, § 1, 7-24-1995; Ord. No. 95-31, 12-4-1995; Ord. No. 96-10, § 1, 6-3-1996; Ord. No. 96-14, § 3—7, 7-1-1996; Ord. No. 97-5, §§ 1—4, 3-3-1997; Ord. No. 98-1, §§ 1—5, 4-20-1998; Ord. No. 98-14, § 1, 8-17-1998; Ord. No. 98-17, § 1, 9-14-1998; Ord. No. 99-3, §§ 2—7, 1-18-1999; Ord. No. 99-6, §§ 1—7, 13, 1-18-1999; Ord. No. 99-7, § 1, 1-18-1999; Ord. No. 99-11, § 1, 7-26-1999; Ord. No. 99-21, § 2, 10-18-1999; Ord. No. 99-23, §§ 1—3, 10-18-1999; Ord. No. 2000-22, §§ 1, 3, 8-7-2000; Ord. No. 2000-24, § 1, 8-7-2000; Ord. No. 2000-23, §§ 2—4, 8-21-2000; Ord. No. 2000-26, §§ 1, 2, 8-7-2000; Ord. No. 2000-45, §§ 1, 2, 12-18-2000; Ord. No. 2002-1, §§ 1, 2, 1-21-2002; Ord. No. 2004-11, §§ 1—3, 8-2-2004; Ord. No. 2004-12, §§ 1—3, 8-2-2004; Ord. No. 2004-08, §§ 1—4, 8-16-2004; Ord. No. 2004-21, § 1, 12-6-2004; Ord. No. 2005-32, § 1, 10-17-2005; Ord. No. 2005-33, §§ 2, 3, 10-17-2005; Ord. No. 2006-15, § 1, 7-24-2006; Ord. No. 2007-04, § 1, 4-2-2007; Ord. No. 2007-11, § 2, 10-1-2007; Ord. No. 2007-18, § 1, 10-15-2007; Ord. No. 2008-06, § 2, 2-18-2008; Ord. No. 2008-16, §§ 1, 2, 7-21-2008; Ord. No. 2008-28, §§ 1, 2, 11-3-2008; Ord. No. 2008-41, § 1, 11-17-2008; Ord. No. 2009-10, § 1, 6-15-2009; Ord. No. 2009-09, §§ 1, 2, 8-3-2009; Ord. No. 2009-25, § 1, 1-4-2010; Ord. No. 2010-11, §§ 1—11(exh. A), 4-19-2010; Ord. No. 2010-41, § 1, 1-10-2011; Ord. No. 2011-14, § 1, 4-18-2011; Ord. No. 2011-35, §§ 2, 5(exh. A), 6(exh. A), 12-5-2011; Ord. No. 2011-36, § 2(exh. A), 12-5-2011; Ord. No. 2012-31, § 1(exh. A), 12-3-2012; Ord. No. 2013-09, § 2, 5-6-2013; Ord. No. 2013-45, § 4(exh. A), 12-2-2013; Ord. No. 2014-05, § 2(exh. A), 4-7-2014; Ord. No. 2016-10, § 2(exh. A), 4-4-2016; Ord. No. 2017-07, § 2, 3-6-2017; Ord. No. 2018-15, §§ 2(exh. A), 3(exh. B), 7-2-2018; Ord. No. 2018-16, § 2(exh. A), 7-2-2018; Ord. No. 2019-18, § 2, 6-3-2019; Ord. No. 2019-19, § 5, 6-3-2019; Ord. No. 2020-04, § 2, 2-3-2020; Ord. No. 2020-17, § 2(Exh. A), 4-6-2020; Ord. No. 2020-44, § 2, 12-7-2020; Ord. No. 2021-04, §§ 2, 3, 3-1-2021; Ord. No. 2021-05, § 2, 3-1-2021; Ord. No. 2021-20, § 2(Exh. A), 9-13-2021; Ord. No. 2021-28, § 2, 10-4-2021; Ord. No. 2022-01, § 2, 2-7-2022; Ord. No. 2022-06, § 2, 4-4-2022; Ord. No. 2022-08, §§ 4—7, 5-2-2022; Ord. No. 2023-18, § 2, 8-7-2023)