The zoning regulations established in this chapter have been made in accordance with an adopted comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, circulation, water, sewage, schools, parks, and other public requirements. They have been made with reasonable consideration for, among other things, the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(b)

This chapter is adopted pursuant to V.T.C.A., Local Government Code ch. 211, and the appropriate articles of the city Charter which govern the zoning of land.

(c)

This chapter shall be effective for all areas within the territorial city limits and corporate boundaries of the city.

(Code 1996, ch. 14, exh. 14A, art. I, §§ 3—5)

Sec. 74-2. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises and not exceeding the maximum lot coverage. Accessory buildings must meet all requirements of the zoning district in which they are located. Accessory buildings generally include parking garages, adjacent farm structures, home workshops and tool houses, storage sheds, home greenhouses, etc. Farms with working barns may be exempt if the land is subject to an agricultural use exemption. Proof of receipt of such an exemption from the applicable appraisal district must be available for inspection. Accessory buildings may only exist in conjunction with a primary structure and may not be constructed in the absence of a primary structure, unless provided by ordinance. In the event a primary structure is destroyed, the accessory building may continue to exist in the absence of the primary structure for six months, provided a primary structure is being reconstructed. Failure to timely construct a primary structure requires the removal of the accessory structure. Accessory buildings shall not include structures commonly known as sea boxes, PODs, trailer containers, railroad boxes and the like.

Accessory residence/guest house means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling and which shall not exceed 650 square feet in size (also known as guest house).

Accessory use means a use that is customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith. The land and building area used for the accessory use must be significantly less than that used for the primary use and gross receipts, if any, must be significantly less than those derived from the primary use. Accessory uses must comply with the requirements of the zoning district in which they are located.

Accountant or bookkeeping office means a professional or professional office that provides financial services, including recording transactions, preparing financial statements, and managing tax obligations for individuals or other companies. These offices help ensure accurate financial records and offer insights into a business's financial health.

Administrative or corporate headquarters means the center of operations or administration for a legal entity that may conduct its primary operations in another location and designate the location as its principal place of business for legal transactions.

Airport means a place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers and regulated by state and federal entities with jurisdiction over airspace.

Alley means a minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Americans with Disabilities Act (ADA) means the applicable federal statute and regulations relative to new construction and rehabilitation as may be required in 42 USC 1281 et seq. and implementing regulations at 28 CFR pts. 35 and 36, and similar regulations as they exist and as they may be amended.

Amortization means the required removal of a nonconformity after a stated period of time without compensation.

Amusement or video arcade, commercial, means any building, room, place or establishment, of any nature or kind and by whatever name called, that contains at least three amusement devices, such as pinball and video machines which are operated for a profit, whether the same are operated in conjunction with any other business or not, including, but not limited to, such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices; provided, however, the term "amusement device," as used herein, shall not include musical devices, billiard tables which are not coin-operated, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports. Amusement devices may be indoor or outdoor; see also Amusement park, permanent.

Amusement park, permanent, means an outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge, including, but not limited to, batting cages, miniature golf, go-kart tracks and thrill rides.

Animal pound means an enclosure, owned by the city, under or subject to its control, to house stray or unlicensed animals captured within the city. The pound may also be used as a holding pen for animals under observation consistent with state law regulations.

Antenna, satellite dish, means an apparatus capable of receiving communications from a transmitter relay located in planetary orbit.

Antique shop, sales in building, means a retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a building. Antiques are objects which show some degree of craft quality and value and are considered a collectible.

Apartment house. See Dwelling, multiple-family.

Asphalt paving means a composite material commonly used for construction of pavement, highways and parking lots, comprised primarily of petroleum-based products as a tar-like substance used as a binder with an aggregate base. All asphalt paving, residential driveways and parking shall conform to the standards adopted in the subdivision regulations in chapter 72 and the adopted standard construction details.

Assembly hall means a building, or part of a building, in which facilities are provided and used for such purposes as a meeting, gathering, or assembly of persons for civic, educational, political, religious, or social events, including weddings and receptions, and may include a banquet hall or fraternal organization.

Assembly of electronic instruments and devices means an industrial site where technological devices are assembled for the purpose of manipulation of voltages and electric currents through the various devices for the result of performing some useful action.

Athletic stadium or field means an athletic field or stadium owned and operated by a public agency or political subdivision for use by the general public, including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.

Automobile (auto) means:

(1)

A self-propelled mechanical vehicle designed for use on streets and highways for the conveying of goods and people, including, but not limited to, passenger cars, trucks, buses, motor scooters and motorcycles;

(2)

A motor vehicle subject to registration under state law or any other device designed to be self-propelled or transported on a public highway.

All automobile-related businesses defined in this section include office areas.

Automobile assembly and rebuild means assembly is a system of workers and machinery in which a new product is assembled in a series of consecutive operations; typically the product is attached to a continuously moving belt. The term "rebuilding" means the independent rehabilitation of a used automobile product. All automobile-related businesses defined in this section include office areas.

Automobile painting, body and upholstery repair means the painting, upholstery and repair or replacing of damaged auto body parts. Work takes place inside the store or garage. All automobile-related businesses defined in this section include office areas.

Automobile center means a business whose primary purpose is to stock automotive parts and accessories, and which may provide a limited amount of maintenance services. All services are inside. All automobile-related businesses defined in this section include office areas.

Automobile leasing and renting means a location where vehicles (e.g., automobiles, motorcycles and light load vehicles) are stored for leasing or rental purposes. All automobile-related businesses defined in this section include office areas.

Automobile parking lot or garage means an area or structure designed for the short-term parking of motor vehicles.

Automobile parts, sales in building (inside), means the use of any building or other premises for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. All automobile-related businesses defined in this section include office areas.

Automobile parts, sales in open (outside), means the use of any land for the outside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. The term "automobile parts, sales in open (outside)" does not include junk or salvage yards. All automobile-related businesses defined in this section include office areas.

Automobile repair, major, means general repair or reconditioning of engines, air conditioning systems and transmissions for motor vehicles; wrecker services; collision services, including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rust-proofing; those uses listed under the definition of the term "automobile repair, minor"; and other similar uses. The car service/bay area shall be screened from view from public roads (unless the garage existed before adoption of the ordinance from which this chapter is derived). Vehicles which are inoperative or are being repaired may not remain parked outside an automobile service station for a period greater than seven days. All automobile-related businesses defined in this section include office areas.

Automobile repair, minor, means minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services, such as grease, changing of oil, oil filters and the chassis lubrication of motor vehicles (all new oil shall be dispensed from drums, and all old oil shall be kept in sumps until removed by pumper trucks and at all times shall comply with state environmental quality laws); spark plug and filter changing; tune-ups; and automobile washing and polishing. The car service/bay area shall be screened from view from public roads (unless the garage existed before adoption of the ordinance from which this chapter is derived). Vehicles which are inoperative or are being repaired may not remain parked outside an automobile service station for a period greater than seven days. All automobile-related businesses defined in this section include office areas.

Automobile sales lot (new) means a place of business where the primary business is the sales of new automobiles. The place of business and seller of vehicles must comply with the state department of transportation regulations and licensing requirements. All automobile-related businesses defined in this section include office areas.

Automobile sales lot (used) means a place of business where the primary business is the sales of used automobiles or light load vehicles. The place of business and seller of vehicles must comply with the state department of transportation regulations and licensing requirements. All automobile-related businesses defined in this section include office areas.

Automobile storage means:

(1)

The storage on a lot or tract, which complies with the state department of licensing and regulation licensing requirements, of operable automobiles for the purpose of holding such vehicles for sale, distribution or storage;

(2)

A garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking ten or more vehicles per year.

Bakery and confectionery works means a manufacturing facility for the production and distribution of baked goods and confectioneries.

Bank (also known as savings and loan or credit union) means an establishment for the custody, loan, exchange or issue of money, the extension of credit, or the facilitating of the transmission of funds.

Bank, automatic teller, means a standalone structure or kiosk associated with a bank, for either pedestrian or vehicular transactions involving the transmission of funds.

Bar.

(1)

The term "bar" means any establishment, including, but not limited to, nightclubs, licensed by the state for the sale of alcoholic beverages that derives more than 75 percent of the establishment's daily gross sales from the on-premises sale of alcoholic beverages for on-premises consumption;

(2)

For purposes of this definition, the term "daily gross sales" shall be calculated using the normal selling price of all food, alcoholic beverages and other items sold in the establishment and shall reflect the price normally charged for such items in the establishment for which the daily gross sales figure is calculated, whether such item is actually sold at normal selling price or below normal price. Prices charged during promotions, happy hours, and other occasions when items are sold at reduced prices or served at no charge shall not be considered the normal selling price for calculation of daily gross sales.

Barber shop, school, or college means a place where barbering, as defined in V.T.C.A., Occupations Code ch. 1603, is practiced, offered or attempted to be practiced, except when such place is duly licensed as a barber school or college.

Basement or cellar means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Batch plant. See Concrete or asphalt batching plant (permanent) and (temporary).

Bath house means a structure that contains dressing rooms, showers, restrooms and toilet facilities for use with an adjacent public swimming pool, semi-public swimming pool, private swimming pool, spa-pool or public bathing place.

Battery manufacturing. See Manufacturing process, general.

Beauty shop means a place where cosmetology, as defined by V.T.C.A., Occupations Code ch. 1603, is practiced.

Bed and breakfast, inn or facility, means a dwelling or group of dwellings at which a meal, usually breakfast, is served and sleeping accommodations are offered and provided to not more than ten rooms or unattached units (e.g., cabins) for transient guests on a nightly basis for compensation. The term "bed and breakfast, inn or facility" does not include a hotel, motel or boardinghouse. See Tourist home, bed and breakfast inn.

Berm means a small, fabricated hill or elevated land typically used in place of, or in addition to, trees or shrubs to screen a business from public view or to act as a visual, light and noise buffer between uses. A rolling topography is generally created through the use of berms. Berms shall not be more than six feet from the ground to their highest point.

Big box means a structure over 45,000 square feet in size, including, but not necessarily limited to, membership warehouses and large retail businesses.

Block means a tract of land platted for urban use and generally bound by dedicated public rights-of-way, streets, or a combination of streets, parks, cemeteries, or boundary lines of local government.

Boardinghouse means a building where, for compensation and by pre-arrangement for definite periods of time, meals or lodging and meals are provided for three persons or more but not exceeding 20 persons on a weekly or monthly basis. The term "boardinghouse" does not include a hotel or motel.

Boat sales means a place of business where the primary business is the sales of new and used boats. The place of business and seller of vehicles must comply with the state department of parks and wildlife regulations and licensing requirements.

Bookbindery means a facility where books are bound. Bookbinding is the process of physically assembling a book from a number of folded or unfolded sheets of paper and usually involves attaching covers to the text block.

Bottling works means a manufacturing facility designed to place a product into a bottle for distribution.

Buffer zone means a tract of land between two differently zoned areas (e.g., a city might position a multifamily residential development between a commercial and single-family residential district).

Bufferyard means a designated area, defined in dimension, on the perimeter of a property which is required to have a screening or buffering of landscaping or screening materials installed and maintained between it and the adjacent property; normally this will be between properties with differing zoning or uses.

Building means any structure designed, built, or occupied that is intended for shelter, housing or a roofed enclosure for persons, animals or property. When separated by dividing walls without openings, each portion of such structure so separated may be deemed a separate building.

Building elevation means the view of any building or other structure from any one of four sides showing features such as construction materials, design, height, dimensions, windows, doors, architectural features and the relationship of grade to floor level.

Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or a deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

Building line means a line parallel, or approximately parallel, to the front, side or rear lot line at a specific distance therefrom, marking the minimum distance from the front, side or rear lot line that a building may be erected.

Building materials, lumber sales yards and hardware sales (inside storage), means the sale of new building materials, unfinished lumber and indoor related sales for hardware, carpet, plants, electrical and plumbing supplies, all of which are oriented to the retail customer, rather than contractor or wholesale customer. Facilities for storage are inside the building.

Building materials, lumber sales yards and hardware sales (outside storage), means the sale of new building materials, unfinished lumber and indoor related sales for hardware, carpet, plants, electrical and plumbing supplies, all of which are oriented to the retail customer, rather than contractor or wholesale customer. Facilities for storage are outside the building.

Building official means the building inspector, administrative official or other authorized designee of the city charged with responsibility for issuing permits and enforcing this chapter or city building and subdivision regulations in chapter 72.

Building, primary (main), means a building in which the principal use of the lot on which it is situated is conducted. In a residential district, the dwelling unit shall be deemed to be a main building on the lot on which it is situated.

Bus stop or shelter means a roofed structure with at least three walls located on or adjacent to the right-of-way of a street, and which is designed and used primarily for the protection, convenience and information of bus passengers.

Bus terminal means any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

Business service means establishments primarily engaged in providing services, not elsewhere classified, to business enterprises on a fee contract basis, including, but not limited to, advertising agencies, computer programming and software services, and office equipment rental or leasing.

Cabinet and upholstering shop means an establishment for the production, display and sale of cabinets, furniture and soft coverings for furniture.

Camping sites means land and facilities designated and permitted as a park or site for temporary dwelling by tent, cabin or recreational vehicle, with or without electrical or plumbing infrastructure or designated pad sites.

Caretaker/guard quarters as part of permanent structure means an accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one set of kitchen and bathroom facilities and used as living quarters for a person employed on the premises, and not otherwise used or designed as a separate place of abode, provided the living area of such quarters shall not exceed 650 square feet.

Carnival, temporary, means a temporary amusement park wherein a special events permit is sought for the purpose of providing entertainment from rides, sideshows and games of skill on public or private property as permitted.

Carport means a structure open on a minimum of three sides designed or used to shelter not more than three vehicles and not to exceed 24 feet on its longest dimension. Carports shall be constructed as provided by this chapter.

Carting or express hauling means the work of taking something away in a cart or truck, or the transportation of goods and disposing of them.

Carwash means structure used to wash motorcycles, automobiles and light load vehicles.

Carwash, automated, means facility or structure where chairs, conveyors, blowers, steam cleaners or other mechanical devices are used for the purpose of washing motorcycles, automobiles and light load vehicles and where the operation is generally performed or operated by an attendant.

Carwash, manual or self-service, means facility or structure where washing, drying and polishing of vehicles is done by the owner of the vehicle, as a self-service operation, without the use of chain conveyors, blowers, steam cleaners or other mechanical devices.

Cemetery or mausoleum means property used for the interring of the dead, where bodies or remains are interred in ground (cemetery) or above ground in staked vaults (mausoleum).

Certificate of occupancy means an official certificate issued by the city through the building official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use and occupancy of the premises for which it is issued; may also be referred to as an occupancy permit.

Church, rectory, or religious institution means a building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and may be a place of residence for ministers, priests, nuns or rabbis on the premises, or a place of worship, including a church, synagogue, temple, mosque or other building or facility, primarily engaged in religious worship. The term "accessory activities" does not include uses such as schools, recreational facilities, day care or child care facilities, kindergartens, dormitories, or other facilities for temporary or permanent residences which are connected or related to the church or the principal building on the site, or are located on the same site, even if the curriculum or services offered as part of such use includes religious services or training.

Clothing or apparel store means a retail facility primarily in business for the sale of personal clothing, shoes and other clothing accessories.

Club includes assembly halls, private country clubs, fraternal clubs or lodges, private clubs and nightclubs, and those terms, as defined, shall govern.

Club, fraternal (fraternal lodge), means an establishment providing meeting or social facilities for a private or nonprofit association, primarily for use by members and guests. Typical uses include, but are not limited to, fraternal lodges and meeting halls.

Club, private, means a place or establishment in which alcoholic beverages are stored, possessed, mixed, consumed or served in broken or unsealed containers, as permitted by the state law, and 30 percent of the gross receipts are derived from the sale of food. Gross receipts shall be determined by an annual audit provided at the expense of the owner of the private club for review by the city council. All private clubs require a specific use permit (SUP). Private clubs shall conform to the requirements of state law, including, but not limited to, the Texas Alcohol Beverage Code and shall receive a private club permit from the state within six months after the issuance of a SUP.

College or university means an academic institution of higher learning accredited or recognized by the state and covering a program or series of programs of academic study.

Commercial amusement (indoor) means an amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that, for a fee or price of admission, provides activities, services or instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis court/club, indoor swimming pool or scuba diving facility, video arcade, and other similar types of uses.

Commercial amusement (outdoor). See Amusement park, permanent.

Commercial plant, general, means establishments other than personal service shops for the treatment or processing of products as a service on a for-profit basis, including, but not limited to, newspaper printing, laundry plants, or cleaning and dyeing plants.

Commercial school, trade school, or vocational technical school means establishments, other than public or parochial schools, private primary and secondary schools or colleges, offering training or instruction on a trade, art or occupation.

Commission means the planning and zoning commission of the city.

Common area means a parcel of land, or an area of water, or combination of land and water or developed facilities, complementary structures or improvements, including, but not limited to, vehicular and pedestrian access and recreational facilities within the site.

Community center, private, means a building dedicated to social or recreational, athletic, cultural or entertainment activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit and not as a commercial, for-profit business.

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

Community home means a community-based residential home qualified to operate by the state, a nonprofit corporation, a community center organized pursuant to state statute, or an entity which is certified by the state as a provider for a program for the intellectually disabled in accordance with V.T.C.A., Human Resources Code ch. 123. Community homes provide for persons who have mental or physical impairments that substantially limit one or more major life activities. To qualify as a community home, a home must meet the following state statutory requirements, as they may be amended:

(1)

Not more than six disabled persons and two supervisory personnel may reside in the community home at the same time;

(2)

The home must provide food and shelter, personal guidance, care, rehabilitation services and supervision;

(3)

The home must meet all applicable licensing and other statutory requirements.

To the extent required by law, such use shall be by right in any residential district.

Community services director means an official of the city responsible for the planning and zoning functions of the city, right-of-way management, building inspections, builder/developer liaison, management of city real estate, public utility liaison and coordinating business development and retention.

Comprehensive plan means the comprehensive plan of the city and adjoining areas as adopted by the city council and the city planning and zoning commission, including all its revisions and parts, consistent with the city Charter and this Code. The comprehensive plan provides a guide for the future development of the city with graphic and textual policies that govern the general location recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements.

Concept plan means a conceptual drawing of a proposed project or development to provide a general understanding and depiction of the intended general use.

Concrete or asphalt batching plant (permanent) means a permanent manufacturing facility for the storing of raw materials and production of concrete or asphalt.

Concrete or asphalt batching plant (temporary) means a temporary manufacturing facility for the storing of raw materials and production of concrete or asphalt during construction of a project. The plant shall be removed when the project is completed.

Concrete paving means all concrete paving, residential and nonresidential driveways and streets which shall conform to the standards adopted in the subdivision regulations in chapter 72 and the adopted standard construction details.

Construction yard (temporary) means a storage yard or assembly yard for building materials and equipment directly related to a specific construction project and subject to removal at completion of construction.

Contractor's shop and storage yard means a building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.

Convenience store means a retail establishment providing for the sale of consumables, nonprescription drugs, small household items and gifts that are not used or consumed on the premises. Gasoline and diesel fuel may be offered for sale, provided they are not the primary source of income for the store and no more than eight pumps are offered.

Convenience store less than 2,500 square feet means a retail establishment providing for the sale of consumables, nonprescription drugs, small household items and gifts that are not used or consumed on the premises. Gasoline and diesel fuel may be offered for sale, provided they are not the primary source of income for the store and no more than eight pumps are offered. The maximum size of the establishment will be no more than 2,500 square feet, not including storage areas and administrative offices.

Corner visibility means an area to be left without obstruction such that the view of traffic is not impeded.

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

Court means an open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.

Coverage means the area physically covered by all buildings located on a lot or parcel, including the area covered by all overhanging roofs.

Credit access business shall have the meaning given that term in V.T.C.A., Finance Code § 393.601, and including any credit services organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction or a motor vehicle title loan, as those terms are defined in V.T.C.A., Finance Code § 393.601.

Cul-de-sac means a short residential street having but one vehicular access to another street and terminated by a vehicular turnaround.

Cultural establishment means establishments, such as museums, art galleries, and botanical and zoological gardens, and other facilities of a historic, an educational or a cultural interest that possess qualities of significance in history, architecture, archeology, or reflect the cumulative deposit of knowledge, experience, beliefs, values, attitudes, meanings, hierarchies, religion, notions of time, roles, spatial relations, concepts of the universe, and material objects and possessions acquired by a group of people in the course of generations through individual and group striving.

Curbstoning means the practice of selling cars on the street or in parking lots, usually by unlicensed dealers.

Curvilinear in design means a design characteristic consisting of or bounded by curved lines; represented by a curved line.

Dairy processing means the homogenization and pasteurization of raw milk for the production of dairy products, such as milk, cheese, yogurt, ice cream, etc.

Dance hall means a building or part of a building with facilities for dancing.

Day care. Day care uses include facilities that provide care for children or adults on a regular basis away from their primary residence for less than 24 hours per day. This category does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Specific use types include, but are not limited to, the following:

Child care in residence (accessory use) or family home means a child care facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and which provides care after school hours for not more than six additional elementary school siblings of the other children given care, but the total number of children, including the caretaker's own, does not exceed 12 at any given time. The term "child care in residence (accessory use)" shall not include overnight lodging, medical treatment, counseling or rehabilitative service establishments and does not apply to any school. Licensure/registration for such facilities shall follow the requirements set forth by the state.

Children's day care center (registered) means a facility or place designed for the care of less than six unrelated children for some period of time less than 24 hours. If such facility provides overnight care, the license must prove authorization for the same.

Dead-end street means a street, other than a cul-de-sac, with only one outlet for ingress or egress.

Density means the total number of residential units allowed upon a given tract of land, usually expressed in total number of units per gross acres of net acre.

Department store means a building or use which sells primarily general retail items. No consumption of food or beverage items occurs on site but food and beverage sales for off-site consumption are permitted.

Detached private garage means a detached accessory building or portion of the main building for the primary use as parking or temporary storage of automobiles of the occupants of the premises; if occupied by vehicles of others, it is a storage space.

Developer means a person, partnership, corporation or other legal entity owning or representing a business which is proposing or applying to construct a project or create a subdivision.

Distribution center or warehouse means a building or facility used for the storage and distribution of whole items/products.

District, zoning. See Zoning district.

Drapery manufacturing and sales means an establishment used for the production, display and sale of draperies and interior window coverings.

Drug and pharmaceutical manufacturing. See Manufacturing process, general.

Drugstore or pharmacy means a retail store whose primary purpose is to stock and sell all drug, prescription and health-related products.

Dry boat storage means the storage of boats, usually through stacking, in land-based buildings or hardstands.

Dry cleaning plant or commercial laundry. Dry cleaning plants primarily clean, repair, and press clothes, linens, and other fabric items that cannot be cleaned in water. Dry cleaning involves the use of a variety of chemicals to clean fabrics and must satisfy all applicable federal and state regulations associated with the use, including, but not limited to, environmental regulations.

Dry cleaning, small shop, means a custom cleaning shop or pickup station not exceeding 5,000 square feet of floor area, including, but not limited to, dry cleaning plants having no more than 5,000 square feet of floor area. The shop must satisfy all applicable federal and state regulations associated with the use, including, but not limited to, environmental regulations.

Dwelling means any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including mobile homes.

Dwelling, multiple-family, means attached dwelling units designed to be occupied by three or more families living independently of one another, yet in the same structure with shared, main lobby, entrance and sidewalks. The term "multiple-family dwelling" does not include hotels or motels.

Dwelling, single-family, means a detached dwelling designed to be occupied by not more than one family.

Dwelling, single-family attached (townhouse), means a dwelling that is part of a structure containing three or more units, each designed for occupancy by one family, and which is located on a separate lot delineated by front, side and rear lot lines.

Dwelling, two-family (duplex), means a detached dwelling designed to be occupied by two families living independently of each other.

Easement means a grant of one or more of the property rights by the property owner to or for the use by the public, a corporation or another person or entity.

Easement, transportation or right-of-way, means an easement established on a lot for the purpose of prohibiting or permitting ingress or egress to vehicular traffic.

Easement, utility, means an easement granted for installing and maintaining utilities across, over, or under land, together with the right to enter the land with machinery and other vehicles necessary to maintain the utilities. See also Public easement.

Economic development incentive policy means a policy adopted by the city council for the attraction of long-term investment and establishment of new jobs in the city and for the enhancement of the economic base of area taxing entities.

Elderly housing, assisted living, means residential facilities for senior citizens. Services in these establishments include assistance with daily activities, such as dressing, grooming, bathing, etc., and may involve a special combination of housing supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living, and includes a continuing care facility and an adult day care.

Elderly housing, retirement, means a residential complex containing single-family or multifamily dwellings designed for and principally occupied by senior citizens. Facilities may include a congregate meals program in a common dining area, but exclude institutional care, such as medical or nursing care, and are distinguished from life care retirement centers. These offer minimal convenience services but focus on attracting elderly residents so as to provide a social support system among the residents. The term "elderly housing, retirement" includes any age-restricted development which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms. The term "elderly housing, retirement" includes retirement homes and independent living facilities for senior citizens.

Electric products manufacturing. See Manufacturing process, general.

Electric transmission line (high voltage) means electrical conductors that carry electricity at voltages above 1,000 volts (one kV) for alternating current (AC) and above 1,500 volts for direct current (DC). They are used to transport electricity over long distances efficiently, minimizing energy losses during transmission.

Electrical substation means a subsidiary station in which electrical current is transformed.

Electronic and home appliance store means a retail business with household electronics (e.g., televisions, stereos, computers, etc.) and appliances (e.g., refrigerators, ovens, ranges, etc.) for sale to the public.

Electronic manufacturing. See Manufacturing, general.

Engineer, city, means any provider of engineering services to the city, designated by resolution or ordinance of the city council, who is duly authorized under the provisions of V.T.C.A., Occupations Code § 1001.401 et seq. to practice the profession of engineering, who and is a registered professional engineer.

Equipment rental means a location where a variety of equipment (e.g., tractors, ditching machine, scaffolding, tillers) is stored for leasing or rental purposes.

Excavation, sand/gravel, means a tract of land used primarily for the extraction of soil, sand, gravel, clay and other similar materials, other than oil and gas, which are processed and sold or used for commercial purposes, but do not include the excavation or grading necessary for the development of a lot or tract.

Extraterritorial jurisdiction (ETJ) means the unincorporated area that is contiguous to the corporate boundaries of the city within the specified distance from the corporate boundaries as specified in V.T.C.A., Local Government Code ch. 42.

Façade means all exterior walls of a building exposed to public view or that may be viewed by persons not within the building.

Family means one or more persons related by blood, marriage, or adoption, or a group not to exceed four persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit. The term "family" does not necessarily apply during times of declared state emergencies.

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

Federal Emergency Management Agency (FEMA) means the Federal Emergency Management Agency that regulates flood emergencies and natural disasters, along with other local and federal agencies, and which is under the Federal Homeland Security Department.

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

Feed lot means an area or building where livestock are kept while being fattened for slaughter.

Fence means a structure serving as an enclosure, a barrier, or a boundary and constructed according to city regulations; usually made of metal posts joined together by boards, wire, or rails. A fence is a structure for purposes of substandard structure minimum requirements.

Field construction office means a building or structure, of either permanent or temporary construction, used in connection with a development or construction project for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within active development or construction project.

Final plat means any plat of any lot, tract, or parcel of land requested to be approved by the planning and zoning commission and city council and recorded for record in the deed records of Dallas or Ellis County as required by state law.

Fireplace, appliance style, means a fixture that is designed to burn only gaseous products, natural or propane. Gases shall be vented with Type B double-wall pipe or comply with applicable building codes.

Fireplace, wood-burning, means a fireplace that is intended to burn wood, wood logs, paper log rolls, lignite, or other approved solid fuel products. Products shall be vented through approved triple-wall pipe. A wood-burning fireplace is sometimes referred to as a "brick fireplace."

Flea market means an outdoor, or partially indoor, premises with a properly issued permit by the city where the main use is the sale of new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects, or equipment, in small quantities, in broken stalls, lots or parcels, not in bulk, for the use or consumption by the immediate purchaser in a building, open air, or partly enclosed booths or stalls not within a wholly enclosed building. The term "flea market" shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal service establishments, food service establishments, retail service establishments, and auction establishments. The term "flea market" does not pertain to retail sidewalk sales or garage sales.

Flood insurance rate map (FIRM) means a map indicating property that lies in a floodplain, floodway or property that is otherwise susceptible to flooding due to changes in development patterns.

Floodplain means an area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM (flood insurance rate map) of the city.

Floodway means where a creek, river, stream or body of water flows and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation more than a designated height.

Floor area means the total gross square feet of floor space within the outside dimensions of a building, including each floor level, but excluding carports, residential garages and breezeways.

Floor area ratio (FAR) means the floor area of a main building on a lot, divided by the lot area.

Florist shop means an establishment for the display and retail sale of flowers, small plants and accessories.

Food or convenience store means a use which occupies less than 25,000 square feet but greater than 2,500 square feet and sells food and beverages primarily for off-site consumption but also sells other products, such as gasoline and retail items. No vehicle repair or other automotive services are provided.

Food products manufacturing. See Manufacturing process, general.

Foundry casting, nonferrous, means a factory that produces castings from nonferrous alloys (the alloys contain no iron). Metals are turned into parts by melting the metal into a liquid, pouring the metal into a mold and then removing the mold material or casting.

Frozen food locker means a business primarily for storing food products in a frozen state for customers.

Funeral home or mortuary means a place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Fur goods manufacturing but no tanning, dyeing, or slaughtering. See Manufacturing process, general.

Furniture manufacturer. See Manufacturing process, general.

Furniture, home furnishings, includes retail stores selling goods for furnishing the home, including, but not limited to, furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.

Garage apartment means a dwelling unit for one family erected in conjunction with a garage.

Garage, attached, means a building or indoor space that is a part of the main structure in which to park or keep a motor vehicle.

Garage, detached, means a building or indoor space that is separate and not a part of the main structure in which to park or keep a motor vehicle.

Garage parking (private) means an enclosed (on at least three sides) accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests.

Garage (private) means an enclosed (on at least three sides) accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests.

Garden shop, garden center, greenhouse, and nursery mean a facility which is engaged in the display and selling of flowers, large and ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building. Depending on the zoning district, a limited amount of display may be outside.

Gasoline or petroleum drilling or storage shall have the meaning assigned and be subject to the regulations in the city's drilling regulations as they exist and may be amended.

Gasoline service or filling station means an establishment where automotive fuel, lubricants, and accessories are sold, and which may also provide minor vehicle repairs and maintenance services. It typically includes facilities for washing, lubricating, and servicing vehicles, but excludes body and fender work. Such establishments may also sell food, drinks, and miscellaneous merchandise at retail.

General retail means any use engaged in retail trade, including any use identified as permitted in the retail zoning district.

Glass products manufactured from previously manufactured glass means the production of glass products using previously manufactured glass tubing. This is typical in the production of glass light bulbs.

Go Green incentives means financial and procedural incentives offered by the city for development that meets or exceeds city-adopted criteria that improve the environment and quality of life while boosting the local economy. This program is adopted through this chapter.

Golf course (municipal) means a golf course owned by a municipality. A city may contract out the day-to-day operations of the course to a golf course management company but, as long as it is owned by the city, it is called a municipal golf course.

Golf course (private) means an area of 20 acres or more improved with trees, greens, fairways, and hazards, used for recreational or competitive golfing activities and which may include clubhouses.

Grocery store means a use which occupies at least 25,000 square feet and sells primarily food for primarily off-site consumption. Other items, such as retail products, beverages and gasoline, are sold but are not the primary source of revenue for the main use.

Gross floor area.

(1)

The term "gross floor area" means the sum of the gross horizontal areas of all floors of a structure, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings.

(2)

The term "gross floor area" includes the following:

Basements that provide structural headroom of seven feet or more;

Elevator shafts or stairwells at each floor;

Floor space used for mechanical equipment;

Attics, whether or not a floor has been laid, providing structural headroom of seven feet or more;

Floor space in interior balconies or interior mezzanines;

Floor space in accessory structures;

Floor space in enclosed porches;

Any floor space used for residential use, no matter where such floor space is located within the structure;

For commercial uses, balconies, galleries, covered or uncovered patios, decks, and commercial leased space;

For commercial uses, any outdoor space, whether covered or uncovered, used for seating, performance, or similar activities;

Floor space within an enclosed structure;

(3)

The term "gross floor area" does not include the following:

Accessory water tanks or cooling towers;

Exterior balconies on residential uses;

Uncovered steps;

Basements and attics, whether or not an attic floor has been laid, providing structural headroom of less than seven feet;

Floor space used for required accessory off-street parking spaces;

Galleries located in residential uses, through arcades and breezeways.

Group home means and refers to all types of residential dwellings, whether statutorily permitted or allowed as a use in this chapter, and shall include, but not be limited to, continuing care facility, assisted living facility, community home, household care facility, rehabilitation treatment facility, and rehabilitation treatment institution. Unless otherwise required by law, the following shall apply to group homes permitted as a specific use and must be included in the ordinance granting the specific use as a condition of use:

(1)

A group home may not be located within one-half mile of an existing group home;

(2)

No structural or decorative alterations that will change the single-family character of existing residential use or be incompatible with surrounding residences is permitted, other than as may be required by the Americans with Disabilities Act;

(3)

The residents of a group home may not keep for the use of the residents of the home, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the number of bedrooms in the home;

(4)

A group home located in a single-family residential district may not be used so as to change the residential character of the single-family residential use or be maintained or operated so as to constitute a public nuisance as defined by this Code;

(5)

A group home must have at all times a valid residential rental license issued pursuant to this Code.

Gymnastics or dance studio means a building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.

Hauling or storage company. See Motor freight company.

Heavy load vehicle means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall mean "heavy load vehicle" unless specifically stated otherwise.

Heavy machinery sales and storage means a building or open area, other than a right-of-way or public parking area, used for the display, sale, rental, or storage of heavy machinery, either machines in general or a group of machines which function together as a unit.

Height means a measurement taken from the base of the object on the ground to its apex or highest point. If the object being measured is attached to a building, the base of the building to the top of the object is the height.

Heliport means an area of land or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

Helistop means the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Home improvement center means a facility for the retail sale of home, lawn and garden supplies, brick, lumber and other similar building materials.

Home occupation means any occupation or activity carried on solely by the inhabitants of a residential dwelling which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings, provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or advertising sign other than one nonilluminated nameplate not more than two square feet in area attached to the main or accessory building, and no mechanical equipment is used, except such as is customary for purely domestic or household purposes, and does not create obnoxious noise or other conditions, such as odor, increased traffic, smoke or electrical interference. A beauty or barber shop, tearoom or restaurant, rest home or clinic, doctor's office or dentist's office, adult day care, tourist home, or cabinet, metal or auto repair shop, farm, ranch or similar agricultural use shall not be deemed a home occupation and must follow the restrictions and designations for any such use. An occupation, profession, domestic craft or economic enterprise which is customarily conducted in a residential dwelling, as hereinafter defined, subject to compliance with each of the following conditions:

(1)

The term "residential dwelling" shall mean a detached building or structure designed, used and occupied exclusively by members of one family as a residence;

(2)

No person other than members of a family who reside in the residential dwelling shall be engaged in such occupation, profession, domestic craft or economic enterprise; provided, however, the resident may engage the services of one employee;

(3)

The use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence, and the area utilized for such occupation, profession, domestic craft or economic enterprise shall not exceed 20 percent of the total of the floor area of the residential dwelling;

(4)

The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal;

(5)

No exterior storage of material, equipment or supplies used in conjunction with such occupation, profession, domestic craft or economic enterprise shall be placed, permitted or allowed on the premises occupied by the residential dwelling;

(6)

No offensive noise, vibration, smoke, dust, odors, heat or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted;

(7)

The occupation, profession, domestic craft or economic enterprise shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith;

(8)

Inventory for the home occupation may be stored on the premises, provided it does not exceed 20 percent of total floor area;

(9)

The only equipment to be used in such occupation, profession, domestic craft or economic enterprise shall be that which is ordinarily used in a private home in a like amount and kind;

(10)

A home occupation shall not generate such additional traffic as to create a traffic hazard or disturbance to nearby residents; provided, however, an additional two cars at one time shall not constitute a traffic hazard in and of itself;

(11)

A home occupation may include, but not be limited to, the following types of activities:

Handcrafted art studios;

House cleaning services;

Instructional arts studios;

Professional offices, such as real estate, law office, insurance agent, tax consultant, with the exception of banking and other financial services, employment agencies, or medical or dental offices;

Office services who render their services off site;

Photography studios;

Private music, tutoring or similar lessons;

Sale of homemade goods, crafts and similar products assembled on the premises, excluding food;

Telephone sales businesses, online training; and

Seamstresses or tailors, alterations;

(12)

Day care services as defined herein shall meet all applicable requirements for such activity as stated herein;

(13)

Nothing shall be done to the residential dwelling to make the dwelling appear in any way as anything but a dwelling.

Hospital. See Medical facility.

Hospital, acute care, means an institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the state.

Hospital, chronic care, means an institution where those persons suffering from illness, injury, deformity or deficiencies pertaining to age are given care and treatment on a prolonged or permanent basis and which is licensed by the state.

Hospital, rehabilitation, means an institution that provides long-term acute care, inpatient and outpatient rehabilitative services for those who have experienced a stroke, brain injury, neurological disorder or other debilitating conditions on a for-profit or not-for-profit basis, and may include physical, occupational or speech therapy.

Hotel or motel means a facility offering a minimum of 75 rooms for temporary lodging accommodations or guest rooms on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. The term "guest room" shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.

Hotel or motel residence means the same as hotel or motel, except such rooms are usually rented for longer periods of time (e.g., weekly or monthly). The facilities often include meeting rooms, clubhouses and recreational facilities intended for the use of the residents and their guests.

Household appliance service and repair means the maintenance and rehabilitation of appliances customarily used in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners and hair dryers. The term "household appliance service and repair" typically refers to businesses that fix and maintain household appliances, such as refrigerators, washing machines, ranges, dishwashers and similar devices.

Housing prefabrication or industrialized housing.

(1)

The term "housing prefabrication" or "industrialized housing" means a residential structure that is:

Designed for the occupancy of one or more families;

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

(2)

The term "industrialized housing" includes the structure's plumbing, heating, air conditioning, and electrical systems.

(3)

The term "industrialized housing" does not include:

A residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;

Housing constructed of a sectional or panelized system that does not use a modular component; or

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

(4)

For purposes of permitted residential uses, industrialized housing shall be permitted and treated as a single-family or duplex dwelling constructed on site, provided that such industrialized housing:

Has a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;

Has exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;

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

Is securely fixed to a permanent foundation; and

Has all local permits and licenses applicable to other single-family or duplex dwellings.

HUD-code manufactured home sales means the use of any building or other premises for the display and retail sale of new or used HUD-code manufactured homes.

HUD-code manufactured home subdivision means any lot, tract, or parcel of land divided into two or more lots or sites for the purpose of establishing a HUD-code manufactured housing development.

HUD-code manufactured housing. See Manufactured home.

Impervious means surfaces that allow little water to soak into the ground or that is constructed so as to allow water runoff (e.g., buildings, cement driveways or streets).

Industrial, general, means establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories and characteristically use power-driven machines and materials-handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic customers.

Industrial park means a large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Infrastructure means the large-scale public systems, services, and facilities of a city or region that are necessary for development and economic activity, including power and water supplies, public transportation, telecommunications, roads, and schools.

Instrument and meter manufacturing. See Manufacturing process, general.

Integrated stormwater management (ISWM) means a way of managing stormwater to mitigate the negative impacts of development by integrating the management of the quality of stormwater with quantity management, as well as integrating stormwater considerations into the earliest stages of the development and site planning process.

Jail, prison, or holding facility means a place for the short-term confinement of persons in lawful detention, either persons accused of or awaiting trial under local jurisdiction or persons convicted of crimes. The facilities shall be owned and operated by governmental entities with proper jurisdiction and meet all applicable federal and state regulations governing the use.

Jewelry and watch manufacturing. See Manufacturing process, general.

Kennel means an establishment with pens in which more than four dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold for commercial purposes. The pens may be indoor or outdoor dependent upon the zoning district in which they are located. The use must meet all applicable state and local regulations for the humane care and treatment of animals and may not constitute or create a nuisance.

Key shop or locksmith means a business whose primary purpose is to make or repair locks and/or make keys.

Kindergarten or nursery school (private) means a child care facility offering a program of four hours or less per day for children who have passed their second birthday but who are under seven years of age.

Kiosk means a small, freestanding, one-story structure having a maximum floor area of 350 square feet and used for commercial purposes or the posting of temporary information or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of 25 square feet.

Laboratory, medical, means an area where medical testing and analysis are performed under sterile conditions to assist in diagnosis and treatment of illnesses.

Laboratory, scientific or research, means an establishment that engages in research, testing or evaluation of materials or products, but not necessarily medical-related.

Landscaping means material, such as, but not limited to, grass, ground covers, shrubs, vines, or trees, and non-living durable material commonly used in the aesthetic and appealing presentation of living garden materials, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Laundromat or self-serve washateria means a facility where patrons wash, dry or dry clean clothing and other fabrics in machines operated by the patron.

Lawn/yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward. In measuring a lawn/yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot lines and the main building shall be used.

Lawn/yard, front, means a lawn/yard located in front of the elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main structure.

Lawn/yard, side, means a lawn/yard between the building and sideline of the lot and extending from the front lot line to the rear lot line and being in the minimum horizontal distance between a side lot line and the outside wall of the side of the main structure.

Leather goods fabrication means all establishments engaged in tanning, curing, and finishing hides and skins, leather converters and establishments manufacturing finished leather and artificial leather products and some similar products made of other materials.

Leather goods shop means an establishment whose primary retail product for sale is that of leather goods. Leather goods may also be sold in combination with other merchandise in a department store or other general retail store.

Library (public) means any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

Light fabrication and assembly means construction by combining or assembling diverse, typically standardized parts to create or make a finished product, including packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Light industrial means manufacturing and fabricating establishments with limited external impact, small in size, with no heavy manufacturing or specialized industrial processes, generally related to the assembly, disassembly, fabricating, finishing, manufacturing, packaging, repairing or processing of materials, such as printing, commercial laundry, photographic processing, building maintenance shops, metal work, millwork and cabinetry work.

Light load vehicle means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 11,000 pounds and having no more than two axles, such as pickup trucks, vans, recreational vehicles, campers and other similar vehicles, but not including automobiles and motorcycles.

Light manufacturing means manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Light sheet metal products (enclosed building) means the process of sheet metal fabrication, which can include shearing, cutting, duplicating, contouring, forming, rolling, welding, bending, stamping, drawing, machine assembling and finishing. Finished products can range from small components (with a value of $1.00 each) to machines that are 30 feet high (valued at $400,000.00), as well as weld-fabricated subassemblies and assemblies. See Manufacturing process, general, or Light industrial.

Limousine means any chauffeured motor vehicle for general passenger use with a rated passenger capacity of not more than 15 passengers and which operates on a prearranged appointment basis only whereby such prearrangement is made not less than one hour in advance of the time transportation is to begin. At no time shall such a vehicle operate on a call-and-demand basis as a taxicab.

Loading space means an off-street space or berth used for the delivery and loading or unloading of vehicles.

Lot or lot of record means any tract or parcel or a part of a recorded subdivision which is occupied or intended to be occupied by one main building, or a group of main buildings, and accessory building and uses, including such open spaces as are required by this chapter, the remaining chapters of this Code, or state law, and having its principal frontage on a public street or officially approved place. A lot shall be part of a subdivision, the plat of which has been recorded in the office of the county clerk of Dallas County or Ellis County.

Lot area means the total area, measured on a horizontal plane, included within lot lines, and exclusive of any private or public right-of-way or alley. The term "lot area" means that portion of a platted tract that may be developed.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot frontage means that dimension, line or side of a lot or portion of a lot abutting on a street, excluding the side dimension, line or side of a corner lot.

Lot, corner, means a lot that has at least two adjacent sides abutting for their full lengths on a street, if the interior angle at the intersection of such two sides is less than 135 degrees.

Lot, double frontage, means a lot having a frontage on two non-intersecting streets, as distinguished from a lot.

Lot, flag or panhandle, means a lot having access to a street by means of a parcel of land having a depth greater than its frontage and having a width less than the minimum required lot width, but not less than 35 feet. Flag or panhandle lots are generally prohibited in new subdivisions, where lots shall front directly off a public or private street. Any nonconforming lot shall go before the zoning board of adjustment prior to any plat approval.

Lot, interior, means a lot other than a corner lot.

Lot, key, means a corner lot that is so designed that the lots located directly behind it face the side street of the corner lot and are not separated by an alley shall be considered a key lot.

Lot, platted or legal, means a parcel of land which, in order to obtain a building permit or utility service, in accordance with city requirements, has been mapped, charted, surveyed, planned or replatted, and which record contains a description of the subdivided land with ties to permanent landmarks or monuments and has been filed of record with the county clerk of Dallas County or Ellis County.

Lot, through, means a lot, other than a corner lot, having frontage on two parallel or approximately parallel streets.

Lot line, front, means the narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line and lies along the same general directional orientation as the front and rear lot lines, the line shall be considered a front lot line in establishing minimum setback lines.

Lot line, rear, means the lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero.

Lot line, side, means any lot line not the front or rear lot line.

Lot lines means the lines bounding a lot as defined herein.

Lot width means the horizontal distance measured between side lot lines parallel to the front lot line and measured from the point on the building line which is closest to the front lot line.

Main building means the buildings on a lot which are occupied by the main or primary use.

Manufactured home or HUD-code manufactured home means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. All references in this chapter to manufactured housing or manufactured homes shall be references to HUD-code manufactured housing, unless otherwise specified. The term "manufactured home" does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g). Any structure with less than the length or width specified in this definition, or pre-dating June 15, 1976, generally known as a mobile home, shall not be allowed in a HUD-code manufactured home park or within the corporate city limits as provided herein and allowed by law. HUD-code manufactured homes shall be governed by separate provisions of this Code. Also referred to as "HUD-code home."

Manufactured housing unit. See Manufactured home or HUD-code manufactured home.

Manufacturing process, general, means an establishment engaged in basic processing and manufacturing of materials or products predominantly from extracted or raw materials, excluding those generally classified as hazardous or objectionable, such as chemical warehousing and manufacturing, fat rendering plants, meat packing plants, petroleum refineries, slaughterhouses and tanneries. Uses restricted from other zoning districts but permitted in the I and C districts, as specifically indicated by the use chart under section 74-352 are manufacturing and industrial uses which do not emit dust, smoke, odor, gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambivalent level of noise or vibration in the adjacent area. The uses include toys, jewelry, watches, electronics, plastics and candy.

Manufacturing, general. See Light industrial.

Masonry includes:

(1)

Approved: hard fired (kiln fired) clay brick, natural stone, granite, marble, hammered or split-face finished concrete, load-bearing units, pre-cast concrete panels or tilt walls (painted, fluted or exposed aggregate), hard fired clay tile, cement-based stucco;

(2)

Alternate material: glass walls or glass blocks, cementitious fiber board, acrylic matrix (three-component finish system consisting of 100 percent acrylic matrix ceramically colored aggregate and sealer or 100 percent synthetic plaster having two types of application, spraying or troweling).

Masonry construction means that form of construction comprised of brick, stone, granite, marble, concrete, hollow clay tile, concrete block or tile, brick, veneer, exterior plasters (including stucco), or other similar building units or materials or combination of these materials laid up unit by unit and set in mortar.

Massage establishment means any place of business in which massage therapy is practiced by a massage therapist, as defined by state law. The term "massage therapy," as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term "massage therapy" includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, and tub, shower or cabinet baths. Equivalent terms for massage therapy are massage or therapeutic massage. The term "massage therapy" does not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Master plan means graphic and textual form policies which govern the future development of the city and which consist of various components governing specific geographic areas and functions and services of the city. These are generally presented by the city's land use, thoroughfare and park plans.

Medical facility includes the following:

Animal clinic means an establishment in which animals are admitted for examination and medical treatment. The establishment may or may not have outside kennels for housing such animals depending upon the district in which it is located. The term "animal clinic" does not include pet shops.

Dental clinic or medical clinic means a facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients, provided that patients are not kept overnight except under emergency circumstances.

Health center means a facility primarily utilized by a health unit for providing public health services, including related facilities, such as laboratories, clinics and administrative offices operated in connection therewith.

Hospital means an institution that provides medical, surgical or psychiatric care and treatment for the sick or injured, including related facilities, such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

Sanitarium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

Medical supplies store means an establishment that provides access to various medical supplies, in particular for the purchase and use by individuals and not hospitals. The supplies would include wheelchairs, walkers, bandages, etc.

Miniature golf, driving range, and putting course.

(1)

The term "miniature golf" means a novelty golf game played with a putter on a miniature course usually having tunnels, bridges, sharp corners, and obstacles.

(2)

The terms "driving range" and "putting course" mean golf practice facilities that are included at most golf courses; however, driving ranges can also commonly operate as a standalone business away from golf courses. Typically, a driving range will consist of a large, open field with teeing ground at one end. Golfers line up side-by-side pounding golf balls out into the field. The landing area may be, literally, an empty field; or it may include target greens and yardage markers. Most ranges sell buckets of balls of varying sizes and prices. Many driving ranges also have practice putting greens and may have areas for chipping, pitching and bunker practice.

Mini-warehouse means small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

Mobile home means a dwelling constructed before June 15, 1976, designed to be transported on its own chassis on the highway in one or more sections by a prime mover and which is constructed with a base section so as to be independently self-supporting and not requiring a permanent foundation for year-round living and which includes the plumbing, heating, air conditioning and electrical systems. Mobile homes are prohibited in any zoning district in the city. When the term "mobile home" is used in this chapter as a header or descriptor but not referring to the prohibited dwelling, it shall refer to a HUD-code home.

Mobile home display and sale means the offering for sale, storage, or display of trailers or HUD-code homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Mobile home park, trailer park or RV park means a parcel of land which is designed, improved or intended to be used for short- or long-term occupancy by HUD-code homes, trailers or RVs in designated spaces. The facility may include a residence for the owner or manager, utility hookups, accessory structures, playgrounds and open space areas, small, fenced areas and similar amenities. Manufactured home parks are governed by separate provisions set out in chapter 18, article II.

Mobile home space means a plot of ground within a HUD-code home park, trailer, park, RV park or HUD-code home subdivision which is designated for the accommodation of one HUD-code home, trailer or RV unit.

Mobile home subdivision means a parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned HUD-code manufactured homes on platted lots which can be purchased outright by the owners of the HUD-code homes. Facilities may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets and other similar amenities.

Model home means a dwelling in a developing subdivision, located on a legal lot of record, that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision.

Modular home or industrialized housing means a structure or building module as defined by statute and under the jurisdiction and control of the state department of labor and standards, installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term "modular home" includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term "modular home" does not include a mobile home or HUD-code manufactured housing as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component. The defining characteristic is that a modular home is assembled at the site as a permanent structure that is not designed to be moved once it is in place.

Monopole means a style of freestanding antenna-supporting structure that is composed of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of antenna-supporting structure is designed to support itself without the use of guy wires or other stabilization devices. These structures are mounted to a foundation that rests on or in the ground or on a building's roof.

Mortuary or funeral parlor. See Funeral home or mortuary.

Motor freight company means an establishment or enterprise that uses trucks (as contrasted with railroad trains) to ship freight.

Motor raceway or racetrack means a track for racing automobiles or motorcycles.

Motor vehicle. See Automobile (auto).

Motorcycle means a usually two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this chapter, motorbikes, motor scooters, mopeds, and similar vehicles are classified as motorcycles.

Motorcycle sales and service means the display, sale and servicing, including repair work, of motorcycles.

Multiple-family building. See Dwelling, multiple-family.

Multiple-family residence. See Dwelling, multiple-family.

Multi-use entertainment complex means any building or group of buildings and facilities for indoor sports activities, instructional services, competitions, tournaments and league activities, expositions, trade and antique shows, concessions for food service, retail sales, and youth and senior programs.

Municipal building means any public service building of the municipal government, including city hall, police and fire, but excluding storage yards, utility shops and equipment centers.

Municipal facility or use means any area, land, building, structure or facility which is owned, used, leased or operated by the city.

Municipal services director means an official of the city responsible for the city's engineering department, water delivery, wastewater collection, road maintenance, parks and solid waste collection. In the absence of a public works director, the city manager or appointed representative shall have responsibility over the engineering department.

Municipal utilities means utility services provided to the citizens of the city by the municipality or provided under contract with the municipality as designated by this Code. Specifically, those municipal utilities include, but may not be limited to, water distribution, wastewater and solid waste collection.

Museum or art gallery (private) means an institution for the collection, display, sale and distribution of objects of art or science which is operated by a private individual or entity and provides admittance to the facility with or without fee.

Music or art studio means an establishment where music or art is taught, including dance and photography.

Musical instruments, toys, novelties, rubber and metal stamps manufacturing. See Manufacturing process, general.

Neighborhood service uses, not greater than 5,000 square feet means an establishment whose purpose is to provide neighborhood services but the size of which is less than 5,000 square feet. The establishment may be a dry cleaning dropoff/pickup station, photo-mart, prescription drugstore, etc.

Newspaper printing means an establishment other than a personal service shop for the treatment or processing of print media products as a service on a for-profit basis.

Nightclub means an establishment where there is live entertainment, dancing, karaoke, or televised, recorded or other performing entertainers.

Nonconforming means a building, structure, or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, but which does not conform to the use regulations of the district in which it is situated and shall be governed by the regulations contained in this chapter.

Novelty manufacturing. See Manufacturing, general.

Novelty shop or gift shop means a shop that sells miscellaneous articles appropriate as gifts.

Nursing home means a licensed by the state for the aged or chronically or incurably ill person under the following limitations:

(1)

Five or more such persons not of the immediate family are provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured;

(2)

A use providing bed care and inpatient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease;

(3)

A facility established for profit or nonprofit, which provides nursing care and related medical services on a 24-hour per day basis to two or more individuals because of illness, disease, or physical or mental infirmity;

(4)

Provides care for those persons not in need of hospital care;

(5)

Convalescent care;

(6)

Nursing facility or skilled nursing facility.

Obsolete zoning district means zoning districts that have existed in prior zoning ordinances and have been removed from this chapter and shall not be applied to any property in the city from and after the date of the ordinance from which this chapter is derived, consistent with state law.

Occupancy means the use or intended use of the land or buildings by proprietors or tenants.

Off-street parking incidental to main use means off-street parking spaces provided in accordance with the requirements of this chapter, located on the lot or tract occupied by the main use or within 150 feet of such lot or tract, and located within the same zoning district as the main use or in an adjacent parking district.

Office center means a building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand.

Office, professional and general administrative, means a room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services, including real estate, accountant, bookkeeping, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations; but excluding medical facilities.

Office showroom means an establishment with no more than 25 percent of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices and display areas for products sold and distributed from the storage and warehousing areas.

Office warehouse means an establishment with more than 25 percent of the total floor area devoted to storage and warehousing, but not generally accessible to the public.

Officially approved place of access means access, other than a dedicated street, to a property which is approved by the city.

Oilfield equipment storage yard means a facility for the purpose of storing oilfield equipment, such as pumps, pump jack stands, pipes, tanks, valves and fittings. No exploration or pumping is allowed at this site.

Open space means an area that is intended to provide light and air, for environmental, scenic, or recreational purposes, which may include, but is not limited to, lawns, decorative plantings, bikeways, walkways, outdoor recreation areas, wooded areas, greenways, and watercourses. The term "open space" also includes any land, water, or submerged land that is provided for, preserved for, or used for park or recreational purposes, conservation of land or other natural resources, cultural, historic or scenic purposes; assisting in the shaping of the character, direction and timing of community development or wetlands.

Open storage, outside storage or outdoor storage means the keeping or storing, outside a building, in an unroofed area of any goods, material, merchandise, or equipment on a lot or tract for more than 24 hours.

Optical goods manufacturing. See Manufacturing process, general.

Outside display means outside temporary display of finished goods that are specifically intended for retail sale but not displayed outside overnight.

Outside display/storage for motorcycles sales means the use of any land area for the display and sale of new or used motorcycles, related products and parts for motorcycles.

Outside display/storage for new boat sales and service means the use of any land area for the display and sale of new or used boats, related products, services and parts for boats.

Outside display/storage for trailers for hauling, rental and sales means the use of any land area for the display and sale of new or used trailers for hauling, both for rent and sales, related projects, services and parts for trailers.

Outside display/storage of farm equipment and machinery means the use of any land area for the display and sale of new or used farm equipment, machinery and parts for farm equipment and machinery.

Overlay zoning district means a district that is superimposed over one or more zoning districts or parts of districts and that imposes specified requirements in addition to those applicable in the underlying base zoning district.

Pad site means a platted lot, ranging from approximately 20,000 square feet to 75,000 square feet, in an area that is created from a larger platted lot of a larger shopping center or strip mall. A freestanding building, such as a bank or restaurant, associated with the larger retail center located there and is desirable because of visibility and accessibility.

Paint shop means a commercial establishment where painting services are performed. The term "paint shop" does not include automotive-related painting services, which would be included under Automobile repair, major.

Paper products manufacturing means the manufacture of paper products which involves matting the pulp fibers into sheets. Pulp fibers involve the separation of cellulose fibers from other impurities in wood but which have been separated out in another process.

Park or playground means any outdoor facility that is not on the premises of a school and that is intended for recreation, is open to the public, and contains three or more separate apparatus intended for the recreation of children, such as slides, swing sets and teeterboards.

Park and ride means a transportation plan, designed to reduce car use in metropolitan areas, in which motorists drive to out-of-town parking lots from which buses or trains run regularly into the city.

Parking garage means any building, or portion thereof, used for the storage of four or more automobiles in which any servicing provided is incidental to the primary storage use, and where repair facilities are not provided and may or may not be for a fee. See Garage parking (private).

Parking lot means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles. A parking lot may be designated as off-street parking, truck parking or permitted use.

Parking lot, commercial, means an off-street, ground-level area, with an improved surface, for the temporary storage of motor vehicles for a fee.

Parking, shared, means off-street parking spaces or areas required under the zoning district or by use that are provided cooperatively for two or more uses in a development or for two or more individual uses, subject to the requirements of the applicable granting instrument.

Parking space means a permanently surfaced asphalt or concrete area, enclosed or unenclosed, with minimum space of nine feet by 18 feet per vehicle, and a permanently surfaced driveway connecting the parking space with a street or alley, permitting ingress or egress of an automobile.

Patio home. See Zero lot line dwelling.

Pawnshop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker). The use must comply with all applicable state and federal regulations governing the use.

Perimeter street means a street located along the boundary of an existing or proposed subdivision.

Personal fitness facility means a business that offers services for instruction, training, or assistance in physical exercise, and may include the sale of access to equipment or facilities for such activities. The term "personal fitness facility" does not include individuals acting solely as personal trainers without a dedicated business location.

Pervious means surfaces that are porous or otherwise allow water to soak or percolate through or into the ground rather than running off (e.g., parks, soccer fields, and grass).

Pet and animal grooming shop means an establishment offering services for the bathing, cutting of hair and nails and general grooming of dogs, cats and similar animals.

Pet shop means a retail establishment offering small animals, fish or birds for sale as pets and where all such creatures are housed within the building.

Petroleum distribution/storage/wholesale facility means a facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage or distribution functions.

Petroleum extraction means a tract of land used primarily for the extraction of oil and gas, which are processed and sold or used for commercial purposes and shall comply with all applicable state, federal and local ordinances and regulations.

Philanthropic institution means an organized initiative to provide humanitarian or charitable assistance through donation of money, goods, time, or effort to support a charitable cause, usually over an extended period of time and in regard to a defined objective.

Planning and zoning commission means a commission, appointed by the city council, authorized to recommend changes in this chapter, subdivision regulations in chapter 72 and other planning functions as delegated by the city council, and as set forth in city Charter, this Code, and state law.

Plant, commercial general. See Commercial plant, general.

Plastic products, manufacturing, but no raw materials processing. See Manufacturing process, general.

Plat means a plan or map of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the preliminary or final plat subdivision standards of this chapter and subject to approval by the planning and zoning commission and city council and filed in the plat records of Ellis or Dallas County.

Plot means a single unit or parcel of land or a parcel of land that can be identified and referenced to a recorded plat or map.

Portable building sales (outside display) means an establishment which displays and sells structures capable of being carried and transported to another location but not including mobile homes.

Preliminary plat means any plat of any lot, tract or parcel of land that is not to be recorded of record but is only a proposed division of land for review and study by the city.

Premises means land together with any buildings or structures situated thereon.

Primary structure. See Main building.

Primary use means the principal or predominant use of any lot or building.

Principal building. See Main building.

Print shop means an establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization.

Private boarding school means a primary school that is privately controlled and supported by endowment and tuition and where pupils are provided living accommodations with meals and lodging.

Private school means a school under the sponsorship of a private agency or corporation which offers a course of instruction for students in one or more grades from kindergarten through grade 12 that is generally equivalent to a public school, but not including business or trade schools, and that has more than 100 students enrolled and attending courses at a single location.

Pro rata agreement means a contract for reimbursement of costs based upon a distribution of use or service.

Produce stand means a seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables and similar foods. No cooking or on-premises consumption of produce occurs on the site.

Professional service means work performed which is commonly identified as a profession, and which may be licensed by the state.

Professional traffic operations engineer (PTOE) means an engineer licensed by the state with certification from the Transportation Professional Certification Board, Inc. (TPCB), an autonomous certification body affiliated with the ITE.

Propane sales means retail sales of gaseous substances commonly used for household purposes, such as propane or butane; does not include the storage, sale or distribution of other types of combustible substances or alternative fuels, such as containerized natural gas, liquid propane, etc.

Provisional zoning district means those districts identified in this chapter that may only be used in conjunction with other zoning districts in a planned development district. This district does not affect zoning classifications currently in existence.

Public agency building, shop, yard or facility means any building (except a building used primarily for general office purposes) which is owned, leased, primarily used or primarily occupied by the state, the United States, the city, or any subdivision or agency of the state, the United States or the city, or by any public or quasi-public utility.

Public easement means an area for restricted use located on private property upon which any public utility shall have the right to remove and, depending upon the terms of the easement agreement, keep removed all or part of any building, fence, tree, shrub, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system in any of these easements.

Public garage, no aboveground gasoline storage means a detached accessory building or portion of the main building for the primary use as parking or temporary storage of automobiles, with or without fee, to members of the general public.

Public utility service yard means an area for the servicing and storage of vehicles or other property of a public utility or governmental agency.

Public view means areas that can be seen from any public street or right-of-way, where the observing person has a legal right to be, and is not legally or permissible screened from view as provided by this Code.

Quarry, rock, means an open excavation or pit from which stone is obtained by digging, cutting, or blasting.

Radio broadcasting with tower means a place of business for the transmission, via radio-frequency electromagnetic waves, of audible program material for direct reception by the general public utilizing a tower to facilitate transmission.

Radio broadcasting without tower means a place of business for the transmission, via radio-frequency electromagnetic waves, of audible program material for direct reception by the general public. No tower is allowed at this location.

Railroad, train, or bus passenger station means any premises for the transient housing or parking of motor-driven buses and trains and the loading and unloading of passengers.

Recreation center or recreation facility means a place designed, equipped and provided for the conduct of athletic, civic or cultural activities, leisure time activities and other customary and usual recreational activities. The facility may be private or public and, if intended primarily for use by persons who are 17 years of age or younger, may constitute a youth center.

Recreational vehicle (RV) means a vehicle used for recreational purposes, such as a self-propelled (i.e., motorized), mobile living unit, all-terrain vehicle, boat, or other such unit and as specifically defined in state law. Often an RV is used for temporary human occupancy away from the users' permanent place of residence. Under appropriate circumstances and in appropriate areas an RV may also be utilized as a permanent place of residence within districts that allow them to be used as such.

Recreational vehicle (RV) park means an area or commercial campground for users of creational vehicles, travel trailers and similar vehicles to reside, park, rent or lease on a temporary basis.

Recreational vehicle/camper sales and leasing means an establishment that sells, leases, or rents new or used recreational vehicles, travel trailers, campers, boats/watercraft and similar types of vehicles.

Recycling kiosk means a small uninhabited structure (120 square feet maximum) or temporary container (e.g., igloo or dumpster-type container) which provides a self-service location for the depositing of recyclable materials, such as aluminum cans (e.g., can banks), glass bottles, magazines/newspapers, metal or plastic containers, etc. Recyclables are picked up periodically from the site. The term "recycling kiosk" does not include large trailers or manned collection centers.

Rehabilitation care facility, halfway house, means a dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct, living together with not more than two supervisory personnel as a single housekeeping unit. The term "rehabilitation care facility, halfway house" shall include a public or private hospital, a detoxification facility, a primary care facility, an intensive care facility, a long-term care facility, an outpatient care facility, a community mental health center, a health maintenance organization, a recovery center, a halfway house, an ambulatory care facility, or other facility required to be licensed and approved by the state or a facility licensed or operated by the Texas Department of State Health Services (DSHS). The term "rehabilitation care facility, halfway house" does not include an educational program for intoxicated drivers or the individual office of a private, licensed health care practitioner who personally renders private individual or group services within the scope of the practitioner's license and in the practitioner's office.

Required parking means the number of parking spaces required for a particular use in a zoning district as specified in this chapter.

Required parking, off-street, means the number of parking spaces required for a particular use in a zoning district as specified in article XIV on an improved or approved surface or in an enclosed structure.

Residence means same as the term "dwelling." When the term "residence" is used in relation to a zoning district, it refers to an area of residential regulations.

Residential district means district where the primary purpose is residential use.

Residential street means a street which is intended primarily to serve traffic within a neighborhood or limited residential district and which is used primarily for access to abutting properties.

Resort means a city or other destination (e.g., hotel) known for its leisure attractions, broad range of amenities, and sports facilities, designed to provide a total vacation experience.

Restaurant means a restaurant or cafeteria that prepares food for general on-site consumption. No provision is made to serve food or beverage to patrons inside vehicles; also known as "dine-in."

Restaurant incidental to main use means a place of business whose primary purpose is not that of a restaurant but has a restaurant included within the main building as an added service to the customer, including, but not limited to, a hospital, bookstore, big box classification.

Restaurant or cafeteria with drive-through service means an eating establishment where customers are primarily served at tables or self-served and food is consumed on the premises, which may include a drive-through window. The establishment derives its gross revenue from the sale of food and not alcohol.

Restaurant or cafeteria with no drive-through service means an eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which does not have a drive-through window.

Restaurant or eating establishment with drive-in service means an eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises. If more than 75 percent of the daily gross sales are attributed to the sale of alcohol, the establishment shall be defined as a "bar."

Retail service, incidental or accessory, means the rendering of retail or services incidental to, but which complements or supplements, the primary use. In the office district, such uses include a barber or beauty shop, smoke shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy, or a sundries shop that serves tenants or patrons of a hospital. The uses shall have no separate outside entrance and no outside signage and shall occupy less than 15 percent of the main use. Incidental uses may include the sale of point-of-purchase consumables.

Retail stores and shops means an establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. The goods in this category are limited to durable (furniture, appliances) or semi-durable consumer goods (shoes, clothing, household linens) and shall not include consumable goods (food, beverages and gasoline).

Retail stores, general, includes retail stores which sell several lines of merchandise, including, but not limited to, dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware and food. The stores included in this group are commonly known as department stores, variety stores, general merchandise stores, general stores, grocery stores, etc.

Right-of-way generally means land areas provided by dedication for public use for streets, utilities, sidewalks, and other uses to serve adjoining properties. Whether the right-of-way is public or private is determined by the accessibility of the land area.

Right-of-way width means the width of the right-of-way depends on the city's requirements for each street classification. This width is measured at the shortest distance between the lines which delineate the rights-of-way of a street.

Room means a building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.

Roominghouse. See Boardinghouse.

Runoff means rainwater that does not soak into the ground, or percolate, but flows over the land surface into a body of water or into a storm drain which leads to a body of water.

Salvage yard or junkyard means any premises where junk, articles or materials, including junked, wrecked or inoperable vehicles, that are ready for destruction or that have been collected or stored for the purpose of obtaining parts for recycling or resale.

Salvage, reclamation of products or wrecking yard, means the reclamation and storage of used products or materials.

Sand, gravel, or stone extraction means the process of extracting sand, gravel or stone from the earth.

Sanitary landfill means a method of solid waste disposal in which refuse is buried between layers of dirt so as to fill in or reclaim low-lying ground.

Satellite dish means a dish antenna used to receive and transmit signals relayed by satellite.

School, business, means a for-profit business that offers instruction and training in a profession, service or art, such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools.

School, commercial trade. See Trade and commercial schools.

School, private, primary or secondary. See Private school.

School, public or parochial, means a school under the sponsorship of a public or religious agency providing elementary or secondary curriculum, but not including private trade or commercial schools.

Scientific and industrial research laboratories means facilities for research, including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

Screened or screening means shielded, concealed and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature as may be required by the city.

Seasonal uses includes the sales of items, such as Christmas trees, pumpkins, snow cones, fresh produce and other items that are typically only available at certain times of the year.

Secondary frontage means the part of a corner or end tenant property that is platted to extend and be adjacent to an arterial or collector street and does not have a legal address.

Setback means the distance from the right-of-way (public or private) to a building whereby one may erect a structure or sign and establishes the minimum required yard and governs the placement of uses and structures on the lot. This required setback varies depending upon the district in which it is located and the height of the object to be erected.

Setback line means the distance from which a building or structure is separated from a designated reference point, such as the property line, as dictated by the specific zoning district regulations and requirements.

Sexually oriented business or use means establishments and businesses showing X-rated movies or live acts, displaying and selling pornographic material, and other uses dealing primarily with indecent or obscene materials, acts or paraphernalia, as further defined and identified in the city's sexually oriented business regulations.

Sheet flow means water flowing over land.

Shoe manufacturing. See Manufacturing process, general.

Shopping center means a group of primarily retail, restaurant and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.

Single-family dwelling, detached, means a dwelling designed and constructed as a freestanding structure for occupancy by one family and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract.

Site plan means a document in graphic form that describes how a parcel of land is to be improved. The term "site plan" includes the property boundaries with outlines of all structures and site improvements, such as driveways, parking lots, landscaping, and utility connections. Other features may be required by the city.

Skating rink, roller or ice, means a business located within a building that contains a surface for ice skating or roller skating and may be part of an indoor or outdoor commercial amusement.

Small engine repair shop means a shop for the repair of lawnmowers, chain saws, lawn equipment, and other machines with one-cylinder engines or a business that repairs and services small engines, such as those found in lawn mowers, motorcycles, and similar equipment.

Sporting goods manufacturing. See Manufacturing process, general.

Sporting goods, retail, means a retail establishment whose primary commodity for sale is equipment needed to participate in a particular sport (e.g., hunting, fishing).

Stable, commercial, means a stable used for the rental of stall space or for the sale or rental of horses or mules.

Stable, private, means an area used solely for the owner's private purposes for the sale or keeping of horses, mules or ponies, and not kept for remuneration, hire or sale.

Stadium or playfield (private) means a facility, either enclosed or open, used for athletic games or other large public gatherings that is privately owned.

Storage or wholesale warehouse means a building used primarily for the storage of goods and materials. Buildings are larger than 50,000 square feet.

Storage yard (outside storage) means area of the yard that can be enclosed by fence or stay open for the purpose of storing items; this is different than displaying an item for the purpose of sale.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. The average height for a story shall be defined as 12 feet.

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

Street means a way for vehicular traffic, whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated.

Street gutter flow line means the street gutter flow line of the curb adjacent to and bordering upon each such restricted area; in the event there is no such curb, the height restriction set forth in this chapter shall be based upon the actual level of the paved or used portion of the public street adjacent to and bordering upon each such restricted area.

Street width means road or street pavement is measured from the edge of pavement to edge of pavement or curb back to curb back. The width of the road depends on the city's requirements for each street classification.

Street, intersection, means any street which joins another street at an angle, whether or not it crosses the other.

Streetscape means amenities, such as benches, refuse containers, lights and pedestrian ways lined with trees and shrubs.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.

Studios for health, reducing, fitness includes, but is not limited to, an establishment which provides facilities and equipment (e.g., gymnasiums, weight rooms, swimming pools/spas, exercise apparatus, instruction/classes, etc.) which are intended to promote health, fitness, weight reduction or similar health-related activities. The facilities may include such accessory uses as food service, sales of sundries and apparel and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only (i.e., not the general public). No outside signage may be used to advertise accessory uses, unless otherwise provided by the sign or granting instrument.

Studios for photographer, musician, and artist means a building or portion of a building used as a place of work by a photographer, musician or artist.

Studios for radio and television means a building or portion of a building used as a place for radio or television broadcasting.

Subdivision or addition means any lot, tract, or parcel of land divided into two or more lots or sites for the purpose, whether immediate or future, of sale or of building development. The term "subdivision" or "addition" also includes resubdivision or replatting of land, lots, or tracts. Division of land for agricultural purposes, in parcels of five acres or more, shall not be included within this definition, unless any such division of five acres or more includes the planning or development of a new street or access easement to be dedicated to public use.

Surveyor means a licensed state land surveyor or a registered public surveyor as authorized by the state statutes to practice the profession of surveying.

Swimming instruction as a home occupation means the teaching of swimming in a private swimming pool. Within a residential district, this use is subject to the approval and issuance of a specific use permit that may specify operating conditions and standards and which may limit the number of students and operating times consistent with provisions for home occupation.

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

Swimming pool, private, means a swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with this and other applicable provisions of this Code. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Telemarketing center means an establishment that solicits business or the purchase of goods or services by telephone only. No sale of goods or services to the public occurs at or on the premises. No products are stored at or on the premises.

Telephone line and exchange, switching, relay or transmitting station means a line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication, but not including a business office, storage or repair yards.

Temporary means lasting for only a limited period of time; not permanent.

Temporary building means any nonresidential prefabricated structure that is not originally manufactured or constructed at its use site, requiring on-site installation of utilities or foundation.

Temporary field office, construction yard or office, means a structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits are issued for a specific time and location as determined by the building official and shall be subject to review and renewal for reasonable cause.

Temporary produce stand means a temporary, normally seasonal, location providing fresh products, such as fruit, nuts, vegetables and similar foods. No cooking or on-premises consumption of produce occurs on the site.

Tennis court, private, means a surface designed and constructed for playing the game of tennis, along with all fencing, nets and related appurtenances, but excluding lighting for nighttime play in residential areas.

Texas SmartScape™ means planting native plants and those adapted to the climate in order to control the micro-climate, reduce soil erosion and alleviate the need for excessive water and fertilization.

Theater (drive-in) means an open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater (indoor) means a building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performance.

Through lot means a lot, other than a corner lot, having frontage on two parallel or approximately parallel streets.

Throughway/thoroughfare means the network of roadways and connecting intersections through the city, as well as bordering cities' roadways and state highway frontage and arterials.

Tire dealer, no open storage (inside), means a retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage.

Tire dealer, with open storage (outside), means a retail establishment engaged in the sale or installation of tires for vehicles, with open storage.

Tire retreading and capping means the process by which tires are treated with a new tread.

Tool and machinery rental shop means a building or a portion of a building used for the display and rental of tools, machinery and instruments.

Tool rental shop means a building or a portion of a building used for the display and rental of tools and instruments.

Tourist home (bed and breakfast inn) means a dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations in not more than four rooms are provided or offered for transient guests for compensation.

Tract means a single individual parcel or lot.

Trade and commercial schools means for-profit business establishments, offering training or instruction in a trade, art or occupation, such as welding, brick laying, machinery operation/repair and similar trades, but not including public or parochial schools, private primary or secondary schools, or colleges.

Traffic impact analysis (TIA) means a study performed by professional engineers with expertise in traffic engineering principles and practice, and certified as professional traffic operations engineers, which reviews development of a specific property and analyzes how it integrates into existing and proposed thoroughfare network and any existing and ongoing traffic study. The report shall utilize existing data and conclusions from previous studies and identify improvements necessary to mitigate the impact of traffic generated by the development. A traffic impact analysis shall include the following elements:

(1)

General site description. A detailed description of the roadway network within one mile of the site, a description of the proposed land uses, the anticipated states of construction, and the anticipated completion date of the proposed land development shall be provided. This description may be in the form of a map and shall include the following items:

All major intersections;

All proposed and existing ingress and egress locations;

All existing roadway widths and rights-of-way;

All existing traffic signals and traffic control devices; and

All existing and proposed public transportation services and facilities within a one-mile radius of the site.

(2)

Proposed capital improvements. The traffic impact analysis shall identify any changes to the roadway network within one mile of the site that are proposed by any government agency or other developer. This description shall include the items set forth in subsection (1) of this definition, as well as any proposed construction project that would alter the width or alignment of roadways affected by the proposed development.

(3)

Roadway impact analysis.

Transportation impacts.

Trip generation. The average weekday trip generation rates (trip ends), the average weekend trip generation rates, the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers' Trip Generation Manual; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the city manager (or designee) or the city engineer;

Trip distribution. The distribution of trips to arterial and collector roadways within the study area identified in the general site description in subsection (1) of this definition shall be in conformity with accepted traffic engineering principles, taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments (if applicable); the size of the proposed development; development phasing; surrounding existing and anticipated land uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions.

Adequacy determination. The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at service level "C" or above.

(4)

Intersection analysis.

Level of service analysis. For intersections within the roadway traffic impact analysis area described in subsection (1) of this definition, a level of service analysis shall be performed for all arterial/arterial, arterial/collector, and collector/collector intersections, and for any other pertinent intersections identified by city staff. Also, level of service analyses will be required on all proposed site driveway locations for all nonresidential developments. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes. The level of service analysis shall take into consideration the lane geometry, traffic volume, percentage of right-hand turns, percentage of left-hand turns, percentage (and typical size) of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor;

Adequacy analysis. The intersections included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at level of service "C" or above.

Trailer park or court. See Mobile home park.

Trailer rental and sales means the display and offering for rent or sale of trailers designed to be towed by automobiles and light load vehicles.

Trailer, travel or camping, means a portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.

Transfer storage and baggage terminal means a facility for the storage of baggage and other items in transit.

Transit station or turnaround means passenger terminal or loading facilities for a privately or publicly owned transit system.

Transportation and utility structures means permanent facilities and structures operated by companies engaged in providing transportation and utility services, including, but not limited to, railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.

Truck means a light or heavy load vehicle (see Light load vehicle and Heavy load vehicle).

Truck and bus leasing or rental means the rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work is done.

Truck and bus repair means an establishment providing major and minor automobile repair services to heavy load vehicles.

Truck parking lot means an area designated for parking heavy load vehicles.

Truck sales (heavy trucks) means the display, sale or rental of new or used heavy load vehicles in operable condition.

Truck terminal/freight terminal means an area and building where cargo is stored and where trucks and freight, including tractors and trailer units, load and unload cargo on a regular basis. The term "truck terminal" or "freight terminal" may include facilities for the temporary storage of loads prior to shipment.

Use means the purpose for which land or buildings are, or may be, occupied in a zoning district.

Utility distribution, transmission lines, means facilities which serve to distribute and transmit electrical power, gas and water, including, but not limited to, electrical transmission lines, gas transmission lines and metering stations.

Utility installation, other than listed, means the installation or construction for any utility other than those specifically listed in this section or this chapter or subdivision regulations in chapter 72. The utilities shall get approval from the city prior to their installation.

Utility, private, other than listed, means a non-public utility requiring special facilities in residential areas or on public property, such as heating, cooling, or communications not customarily provided by the municipality or public utilities.

Vapor shop means a business establishment for which more than 50 percent of the gross floor area is dedicated to storage, mixing display or retail of electronic cigarette devices, nicotine-enriched solutions or liquid products that are manufactured for use with e-cigarettes.

Variance means an adjustment in the application of the specific regulations of the zoning standards to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the board of adjustment can grant a variance and the granting of a variance shall be consistent with state law and judicial interpretation.

Vehicle service, for hire, means any motor or other vehicle operated within the city for the purpose of carrying passengers for hire from within the city, except motor buses operating on fixed routes as specified in this chapter, specially Chartered buses and driverless vehicles (rental cars). The term "vehicle service, for hire" includes limousine, as defined in this section. The term "vehicle service, for hire" specifically excludes demand services by public entities relative to providing transportation for senior citizens and disabled persons.

Veterinarian clinic means an establishment, not including outside pens, where animals and pets are admitted for examination and medical treatment.

Warehouse.

Self-storage, mini-warehouse, means a facility used for storage of goods or materials with separate access to individual storage units by persons renting the individual units. The use shall exclude outdoor parking or storage of recreational vehicles, trailers or boats.

Storage or wholesale warehouse, light, means a building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floor space.

Storage or wholesale warehouse, heavy, means a building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.

Warehouse, air conditioned, means a facility used for storage of goods or materials with separate access to individual storage units by persons renting the individual units. The use shall exclude outdoor parking or storage of recreational vehicles, trailers or boats. These are generally multi-story building with air conditioned units.

Warehouse, freight forwarding, means a building used for the storing of freight between transporting to its final destination.

Wastewater treatment plant means a plant where, through physical-chemical and biological processes, organic matter, bacteria, viruses and solids are removed from residential, commercial and industrial wastewaters before they are discharged in rivers, lakes and seas, as defined and regulated by state and federal agencies.

Wholesale distribution center means an establishment for the storage and ultimate distribution of wholesale merchandise, without transformation and the rendering of services incidental to the sale/resale of merchandise, including goods for resale to other wholesalers or retailers, capital or durable non-consumer goods or raw and intermediate materials and supplies used in production. Wholesalers sell merchandise to other businesses, operating from a warehouse or office. These warehouses and offices often have little or no display of available merchandise. Most often, the wholesaler's location is intended to easily accommodate walk-in traffic. Wholesalers normally do not advertise to attract the general public. A wholesaler's customer base is generally reached initially by telephone, in-person marketing at, for instance, trade shows, or by specialized advertising, such as internet search or fax. Follow-up orders are either vendor-initiated or client-initiated, generally based on previous sales from the established client base.

Wind system, small, means a device that produces electricity from wind.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

Yard, front, means a yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.

Yard, rear, means a yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side, means a yard between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.

Zero lot line dwelling (patio home) means a lot authorized by a special use permit which is designed in such a manner that the side yard and adjacent use easement make maximum use of available land area to preserve an open, yet private, use of the side yard, and permits construction of a detached single-family dwelling with one side of such dwelling placed on the side property line.

Zoning board of adjustment means a statutorily created board which is appointed by the city council, and which is authorized to make special exceptions or grant variances to this chapter, to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter, and any other powers or duties granted by the city council; also referred to as the "ZBA."

Zoning district means classifications applying to all sections of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.

Zoning district map or zoning map means the official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of this chapter and which shall comply with the comprehensive plan.

(Code 1996, ch. 14, exh. 14A, art. XIX, § 1; Ord. No. O-03-09, 4-20-2009; Ord. No. O-13-15, § 2, 11-16-2015; Ord. No. O-15-15, §§ 2, 3, 12-1-2015; Ord. No. O-02-25, exh. A, 1-21-2025)

Sec. 74-3. - Compliance required.

(a)

Subject to article VI of this chapter, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under the person's control except in accordance with all the applicable provisions of this chapter. Noncompliance shall be subject to penalties as provided in section 74-543(a). All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.

(b)

For purposes of this section, the use or occupancy of a building or land relates to anything and everything that is done to, on, or in that building or land.

(c)

No uses shall be allowed which are prohibited by state or federal law or which operate in excess of state or federal environmental, pollution or performance standards as determined by:

(1)

The U.S. Environmental Protection Agency (EPA);

(2)

The Texas Air Control Board (TACB);

(3)

The Texas State Department of Health (TSDH);

(4)

The Texas Commission on Environmental Quality (TCEQ);

(5)

The Federal Aviation Administration (FAA);

(6)

The Federal Communications Commission (FCC); or

(7)

Other applicable state or federal agencies, as the case may be.

(d)

Lots developed under this chapter shall not later be so reduced in area that the setbacks, yards or open spaces shall be smaller than those required by this chapter.

(e)

No building shall hereafter be erected or altered to have more narrow or smaller front, side or rear yards, or to exceed the maximum height allowed, or to occupy a greater percentage of the lot area, or to accommodate a greater number of families than required by this chapter.

(Code 1996, ch. 14, exh. 14A, art. I, § 6)

Sec. 74-4. - Relationship to the comprehensive plan.

It is the intention of the city council that this chapter implement the planning policies adopted by the city council for the city as reflected in the land use plan and other planning documents. While the council reaffirms its commitment that this chapter and any amendment are in conformity with adopted planning policies, the council expresses its intent that neither this chapter nor any amendment may be challenged on the basis of any alleged nonconformity with any planning document.

(Code 1996, ch. 14, exh. 14A, art. I, § 7)

Sec. 74-5. - Fees established.

(a)

Reasonable fees sufficient to cover the costs of administration, review, inspection, publication of notice and similar matters shall be charged to the applicant. The fees shall cover costs associated with processing zoning and development requests, including public hearings that are set by the city. The amount of the fees charged shall be as set forth in an ordinance adopted by the city council and filed in the office of the city secretary as listed on the city fee schedule. The fees shall be paid by the applicant and shall not be designed to in any way restrict the applicant's ability to seek and receive a hearing or to generate revenue for the city other than recovery of actual administrative costs incurred by the city in the review and processing of applications.

(b)

Fees established in accordance with subsection (a) of this section shall be paid upon submission of a signed application. Immediately upon receipt of a complete application submission, as defined in section 74-135(e), for a zoning change or other development plan approval, the city manager or designee shall issue a fee receipt and shall create a case file as a permanent city record thereof.

(c)

The applicant shall be responsible to the city for reimbursement of all consultant expenses incurred in relation to the application and project. The expenses shall be invoiced to applicant by the city and payment is due within 30 days of the issuance of the invoice. Nonpayment of the invoice shall result in no building permit being issued or further action by the city for the applicant being taken.

(Code 1996, ch. 14, exh. 14A, art. I, § 8)

Sec. 74-103. - Purpose, application requirements, and plan modifications.

(a)

Comprehensive master plan.

(1)

The comprehensive master plan is for the purpose of promoting sound development, providing necessary guidance in future development, and to promote the public health, safety and welfare through the adoption of a long-range plan intended to direct the growth and physical development of the city for an extended period of time;

(2)

The comprehensive master plan shall not constitute zoning regulations or establish zoning district boundaries. The provisions of this article are intended to comply with the authority granted by V.T.C.A., Local Government Code ch. 213;

(3)

The provisions herein do not limit the city's ability to prepare other plans, policies or strategies as required.

(b)

Application for comprehensive master plan change and comprehensive master plan amendment. No zoning change shall be approved to any zoning district that is inconsistent with the land use designation for the property in the comprehensive master plan. Consistency with the comprehensive master plan land use designations shall be determined based on the district purpose statements, the nature of the district regulations and the description of the land use category in the comprehensive master plan. Comprehensive master plan amendments shall not be required for zoning changes proposing single-family detached residential land uses that are less dense than those allowed pursuant to the existing land use category and single-family detached zoning district; however, notwithstanding the foregoing, a zoning change proposing a single-family detached use in an existing multifamily, duplex or single-family attached zoning district located in a high density land use category shall not be approved without a comprehensive master plan amendment. Any person having a proprietary interest in any property within the corporate limits of the city, requesting a change or amendment to the comprehensive master plan shall file an application applying for such change or amendment with the city manager or designee. Each application shall be accompanied by the following:

(1)

A clear statement or description of the requested change or amendment;

(2)

A drawing, at a scale of not less than one inch to 200 feet, indicating the following:

Existing land use categories;

Proposed land use categories in a format that identifies boundaries between different land use categories;

Comprehensive master plan features, whether existing or proposed, from any or all of the following elements: land use plan, urban design plan, parks and open space plan, trail network and thoroughfare plan;

(3)

A vicinity map indicating the general location of the subject property;

(4)

A filing fee in the amount established in the city fee schedule;

(5)

If the city determines that the proposed amendment may have an impact on the water, wastewater or thoroughfare plan components of the comprehensive master plan, due to changes in population density or other factors, the city may require an evaluation of such impacts as it deems necessary.

(c)

Procedure for adoption and amendment.

(1)

A comprehensive master plan amendment must precede any requested zoning amendment to the subject property. The procedure shall be identical to that of a zoning amendment, including notice and public hearing requirements. A comprehensive master plan amendment may precede the zoning amendment on the same agenda, be part of the same notice issued, or be heard together with the zoning amendment, provided that separate action is taken by separate ordinance memorializing the adoption or amendments;

(2)

At the hearing for the comprehensive master plan adoption or amendment, the public shall be given the opportunity to provide testimony and written evidence.

(Code 1996, ch. 14, exh. 14A, art. III, § 1)

Sec. 74-135. - Zoning amendments.

(a)

Policy of zoning amendment. The city declares the enactment of the zoning regulations set forth in this chapter governing the use and development of land, buildings and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

(1)

To correct any error in the regulations or map by ordinance;

(2)

To recognize changed or changing conditions or circumstances in a particular locality;

(3)

To recognize changes in technology, the style of living, or manner of conducting business; or

(4)

To change the property to uses in accordance with the city's adopted comprehensive master plan.

(b)

Authority to amend this chapter.

(1)

The city council may from time to time, after receiving a final report thereon by the commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts as depicted on the adopted zoning map. Any zoning change or amendment may be ordered for consideration by the city council, be initiated by the commission, or be requested by the owner of real property or the authorized representative of an owner of real property or city staff;

(2)

Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the commission or city council on its own motion when it finds that public benefit will be derived from consideration of such matter. Proof of ownership shall be provided by the applicant;

(3)

Each application for zoning, for an amendment, or for a change to the existing provisions of the zoning requirements, regulations and mapping as set forth in this chapter shall be made in writing to the city on a form provided by the city and shall be filed with the city planner and shall be accompanied by payment of the appropriate fee to be charged by the city for administering the zoning application;

(4)

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the city, and which are directly attributable to a piece of property requested for zoning, shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to the property and owned by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes have been paid.

(c)

Application.

(1)

Each application for zoning, rezoning, a specific use permit (SUP), or a text amendment to provisions of this chapter shall be made in writing on an application form available in the city planner's office. The application shall be delivered to the city at least 40 days prior to the date of the public hearing before the commission and shall be accompanied by payment of the appropriate fee as established by the city (section 74-5). An accurate metes and bounds description of the subject property (or other suitable legal description), a survey (i.e., drawing of metes and bounds) exhibit, and other appropriate exhibits (i.e., site plan, map, architectural elevations, information about proposed uses, etc.) that are determined necessary by the city manager or designee shall also be submitted with the zoning application in order to ensure that the request is understood. A site plan, as prescribed in article VIII of this chapter, shall also be submitted along with any zoning request involving a SUP request or the formation of a PD Planned Development District;

(2)

All zoning change requests involving real property (including PD and SUP requests) shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of landowner's agent to file the zoning change request.

(d)

Payment of fees, charges and expenses. Until all applicable fees, charges and expenses, as established in section 74-5 and adopted by ordinance in the city's fee schedule, have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

(e)

Official submission date and completeness of applications.

(1)

For the purposes of these regulations, the official submission date for an original zoning application, change in zoning application, or any other application required for a project under this chapter, shall be the date upon which a complete application (that contains all elements and information required by this chapter) is submitted to the city planner or designee. No application shall be deemed officially submitted until the city planner or designee determines that the application is complete and a fee receipt is issued by the city. Failure by the city planner or designee to make a determination of incompleteness within ten calendar days following the date on which the application was first received by the city shall result in the application being deemed complete, and the official submission date shall become the tenth calendar day following initial receipt of the application by the city. An application shall expire 45 days from the date the application was filed with the city based on the date stamp provided by city staff, and the applicant shall submit all documentation necessary within that time period if a determination of incompleteness is provided. If the required documentation is not received within the 45-day period to achieve official submission date status, the application shall be deemed expired, and the applicant will need to submit a new zoning application;

(2)

Zoning applications which do not include all required information and materials (as outlined above and per other city development review policies) will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a commission agenda until the proper information is provided to city staff.

(f)

Application filed. Although zoning regulations are exempt under V.T.C.A., Local Government Code ch. 245, in order to assist applicants in moving through the zoning application process in a timely manner, an application is considered filed on the date the applicant mails by certified mail or delivers the application to the following address: Glenn Heights Planning Department Attn: City Planner 2117 Uhl Road, Glenn Heights, TX 75154.

(g)

Informational signs. Upon the filing of an application to amend the comprehensive master plan land use category or the zoning on a lot or tract of land or property, or for the issuance of a specific use permit relative thereto, or to the creation of a planned development, the owner/developer/applicant shall be required to place an informational sign on such lot or tract of land or property within five calendar days after the official submission date as follows:

(1)

The size of the sign shall be three feet by four feet and be made out of aluminum or corrugated plastic material or similar durable construction.

(2)

The sign shall be mounted on stakes/poles so that the sign remains firm and steady, even during winds and inclement weather.

(3)

The sign shall be visible from the street.

(4)

There shall be one sign for each street frontage.

(5)

The sign shall have a white background with the letters and borders being blue in color. The sign shall state one of the following, as applicable (for example):

City of Glenn Heights, Texas

A request for a "Zoning Change," "Change in the Comprehensive Master Plan," a "Planned Development" or a "Specific Use Permit" is being made on this property. For information call: 972-274-5100. A copy of the application is available for inspection in the City of Glenn Heights Planning Department consistent with the public information provisions of V.T.C.A., Government Code § 552.001 et seq., Public Information Act.

(6)

The owner/developer/applicant shall be required to remove the informational signs from the lot or tract of land or property within ten calendar days after the date of the final action of the requested change or amendment.

(7)

All signs must be maintained in good condition. All signs that deteriorate or are damaged during the process shall be removed and immediately replaced.

(h)

Public hearing and notice. Prior to making its report to the city council, the commission shall hold at least one public hearing on each application, pursuant to V.T.C.A., Local Government Code ch. 211. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for city taxes, located within the area of application and within 200 feet of any property affected thereby, within not less than 15 days before such hearing is held. The notice may be served by using the last known address as listed on the latest approved city tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on proposed changes in the text of an article shall be accomplished by one publication not less than 15 days prior thereto in the official newspaper of the city. All notices for the public hearing, except for a PD or SUP request, before the city council will also be published at the same time notice of the commission meeting is published. Notices for public hearings before the commission and city council for a PD or SUP shall be made separately and the public hearing for the commission and city council shall be separated by a minimum of 14 days.

(1)

Notices for the public hearing before the city council may be published at the same time notice of the commission hearing is published in all straight zoning cases. In cases where a planned development district is being proposed or amended, or a specific use permit is being proposed or amended, notice for the public hearing before the city council shall only be published upon completion of all public hearings before and a recommendation from the commission;

(2)

Notwithstanding the provisions of subsection (h)(1) of this section, notices of public hearing before the city council may be published at the same time notice of the commission meeting is published, should the applicant so request, and the staff concur based upon prior receipt of development review committee (DRC) reports and workshops on the projects to ensure proper consideration by the commission.

(i)

Failure to appear. Failure of the applicant or authorized representative to appear before the commission or the city council for more than one hearing without a delay approved by the city manager shall constitute sufficient grounds for the commission or city council to table or terminate the application. The request to the city manager for a delay shall be in writing and shall be provided from the applicant to the city manager at least 72 hours prior to the hearing.

(j)

Commission consideration and report. The planning and zoning commission, after the public hearing is closed, shall prepare the report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the comprehensive master plan which shall not be required to be of a particular form but may be included in a proposed ordinance or appropriate enacting document. The commission may defer its report for not more than 90 days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the commission shall function in accordance with section 74-49 and with other applicable provisions of this chapter and shall consider the following factors:

(1)

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the city as a whole;

(2)

Whether the proposed change is in accordance with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings;

(3)

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unavailable for development;

(4)

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;

(5)

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas shall be modified also;

(6)

Any other factors which will substantially affect the health, safety, morals, or general welfare of the city.

(Code 1996, ch. 14, exh. 14A, art. IV, § 1; Ord. No. O-03-09, 4-20-2009; Ord. No. O-18-11, § 2, 11-21-2011)

Sec. 74-136. - Council consideration.

(a)

Council hearing and notice. All notices for the public hearing, except for a PD or SUP request, before the city council may be given by publication and may be at the same time notice is given for the planning and zoning commission public hearing in the official newspaper of the city, stating the time and place of such hearing, which shall be at least 15 days after the date of publication, in accordance with section 74-135(h). Notices for the public hearing for a PD or SUP may be made separately and the public hearing with the planning and zoning commission and city council to be separated by a minimum of 14 days.

(b)

Three-fourths vote.

(1)

A favorable vote of three-fourths of the full city council (six of seven members) shall be required to overrule a proposed recommendation for denial from the commission;

(2)

If a protest against such proposed amendment, supplement or change has been filed with the city secretary, prior to the close of the public hearing before the city council, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots or land included in such a proposed change or those are of the lots or land immediately adjacent to the area thereof extending 200 feet therefrom or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such proposed amendments receiving a protest shall not become effective except by a three-fourths vote of the full city council (six of seven members). In calculating the percentage of land area under this section, the area of streets and alleys shall be included;

(3)

Written protest procedures:

Form of protest.

A protest must be in writing and, at a minimum, contain the following information:

(i)

A description of the zoning case at issue by case number, property legal description, property physical address or any manner in which it is clear what zoning case is subject to the protest. The zoning case description must appear at the head of each page and the verification must appear at the foot of each page;

(ii)

The names of all persons protesting the proposed change in zoning district classification or boundary;

(iii)

A description of the area of lots or land owned by the protesting parties that is either covered by the proposed change or adjoining the area covered by the proposed change and extending 200 feet from that area, including streets and alleys. The description may be either the physical address of the property eligible to protest or the tax identification number as it appears on the most recently approved city tax roll;

(iv)

The mailing addresses of all persons signing the protest; and

(v)

The date and time of its execution by each signatory.

The protest must bear the original signatures of all persons required to sign under subsection (b)(3)b.2 of this section and acknowledged under subsection (b)(3)c.3 of this section.

Required signatures.

A protest must be signed by the owner of the property in question, or by a person authorized by power of attorney to sign the protest on behalf of the owner. In the case of non-community property owned by two or more persons, the signature by any one owner of the property, or by a person authorized by power of attorney to sign the protest on behalf of any one owner, binds the entire property to the protest. In the case of community property, the written protest of one spouse will bind the property in its entirety; provided, however, that the land area shall be equally divided if the applicant provides documentation, acknowledged as provided in subsection (b)(3)c.3 of this section, that the other spouse disagrees with the protest;

In the case of property owned by a corporation, the protest must be signed by the president, a vice-president, or by an attorney-in-fact authorized to sign the protest on behalf of the corporation. In the case of property owned by a general or limited partnership, the protest must be signed by a general partner or by an attorney-in-fact authorized to sign the protest on behalf of the partnership;

Lots or land subject to a condominium regime are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculating the lots or land area protesting a proposed rezoning, the written protest must state that the governing body of the condominium has authorized a protest in accordance with procedures required by its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium. A written protest signed by the owner of an individual condominium unit shall not be accepted unless the filing party produces legal documents governing the condominium which clearly establish the right of an individual owner to act with respect to such owner's respective undivided interest in the common elements of the condominium;

In case of property owned by a federal agency, state agency or other political subdivision, it is up to the governing body of the particular agency to delegate the ministerial act of signing the protest petition to any person it chooses.

When signatures must be acknowledged by a notary public.

Except as otherwise provided in subsections (b)(3)b and c of this section, all signatures on a written protest, whether by petition or letter, must be acknowledged before a notary public as provided herein. For purposes of this section, the person who obtains the signatures must sign a jurat affirming the witnessing of the signature and the acknowledgment that the signatory represented the signatory's authority to sign the petition. The notary requirement is fulfilled if the person who obtains the signature signs the jurat swearing to the witnessing of those signatures;

The city shall be required to forward to the owners entitled to notice hereunder, in addition to the required notice, a reply form for the lodging of protests. A signature on an original reply form sent by the city to the mailing address of the property owner need not be acknowledged;

A signature on a protest delivered in person by the person signing need not be acknowledged if its reliability is otherwise established to the satisfaction of the city secretary. In such a case, a summary of the evidence of reliability considered by the city secretary must be endorsed on the protest by the city secretary.

Filing deadline.

A written protest must be filed with the city secretary before 5:00 p.m. Friday immediately preceding the meeting day advertised for the city council public hearing in the statutory notice published in the official newspaper of the city. For example, a written protest must be received by 5:00 p.m. on the Friday prior to a regularly scheduled Monday council meeting. A protest sent through the mail must be received by the city secretary before the deadline;

Before the public hearing on the case, the filing deadline is automatically extended whenever the public hearing is advertised in the official newspaper of the city pursuant to statutory notice requirements;

After the public hearing has begun, the filing deadline may only be extended by calling a subsequent public hearing and advertising that public hearing in the official newspaper of the city pursuant to statutory notice requirements or if the item is tabled or continued. In such a case, the new filing deadline is 12:00 noon of the second working day immediately preceding the newly advertised public hearing date or the date to which the item is tabled or continued.

Withdrawal of protests once filed. A protest, once filed, remains in effect unless withdrawn in accordance herewith, irrespective of any amendments made to the zoning proposal. Withdrawals of protests filed must be in writing and filed with the city secretary before the filing deadline. The provisions of this subsection governing the form and filing of protests apply equally to withdrawals.

Presumptions of validity.

In all cases where a protest has been properly signed pursuant to this subsection (b)(3), the city shall presume that the signatures appearing on the protest are authentic and that the persons or officers whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented;

The presumption in subsection (b)(3)f.1 of this section is rebuttable, and the city attorney may advise the city council that a presumption should not be followed in a specific case based on extrinsic evidence presented.

Conflicting instruments. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls.

(c)

Proposal recommended for approval. Every proposal which is recommended favorably by the commission, whether as requested or with conditions, shall be forwarded to the city council for setting and holding of public hearing thereon. The public hearing shall only be held after all appropriate and required notifications are met. The city council may then approve the request, approve it with conditions or disapprove it (i.e., against the commission's recommendation) by a simple majority vote of the city council. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

(d)

Proposal recommended for denial. When the commission determines that a proposal should be denied, or the proposal does not receive the required four affirmative votes, it shall so report and recommend to the council and notify the applicant. The commission shall offer reasons to the applicant for its recommendation for denial. When a proposed zoning request is heard by the city council that has not been favorably recommended by the commission, a three-fourths majority vote (six of seven members) by the full city council shall be required for approval. A request which has been denied by the commission or city council may be resubmitted by the applicant for reconsideration by the city after a period of one year from date of denial unless waived by the city council. A new application, filing fee and required exhibits must be submitted.

(Code 1996, ch. 14, exh. 14A, art. IV, § 2; Ord. No. O-03-09, 4-20-2009; Ord. No. O-18-11, § 3, 11-21-2011)

Sec. 74-137. - Procedure.

(a)

Written application. The aggrieved applicant shall make written grievance for consideration by the zoning board of adjustment using application forms as provided by the city. All grievances shall be accompanied by additional information (i.e., site plan, building plans, photographs, topographic contour maps, etc.) as may be requested in order to properly review the matter. All drawings must be to scale.

(b)

Fee. The city council shall adopt a designated fee to be paid by the applicant to cover administrative processing costs, as established in section 74-5.

(c)

Jurisdiction. When, in the board's judgment and if in harmony and spirit of this chapter, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board may, in specific cases, after written notice to all property owners within 200 feet of the request and public hearings, and subject to appropriate conditions and safeguards, authorize or order the following:

(1)

Hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the building official in the enforcement of this chapter, or in any appeal from a vested rights determination by the city manager pursuant to this chapter;

(2)

Permit the reconstruction, extension, or enlargement of a building occupied by nonconforming uses, on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use;

(3)

Permit such variances of specific items, including, but not limited to, height, yard area, exterior structure, lot coverage, off-street parking and loading regulations that will not be contrary to the public interest and where, because of special conditions, the enforcement of this chapter or its amendments would result in an undue hardship to the property owner. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this chapter to other parcels of land in the particular zoning district. No variance may be granted if it results in an undue hardship, as herein defined, on another parcel of land;

(4)

In order to make a finding of undue hardship and to grant a variance, the board must determine that:

The requested variance does not violate the intent of this chapter or its amendments;

Special conditions of restricted area, shape, topography, or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district;

The hardship is in no way the result of the applicant's own actions (not self-imposed) and does not generally affect all or most properties in the same zoning district;

The interpretation of the provisions in this chapter and all amending ordinances would deprive the applicant of rights commonly enjoyed by other properties, in the same zoning district, that comply with the same provisions;

(5)

No variance may authorize a use other than those permitted in the district for which the variance is sought. Also, an application or request for variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a site plan, preliminary plat or final plat, when required by this chapter for any parcel of property or portion thereof, has not been finally acted upon by both the planning and zoning commission and, where required, by the city council. The administrative procedures and requirements of this chapter, with regard to both planning and zoning commission and city council consideration and action on zoning requests, site plans, preliminary plats, and final plats must be exhausted prior to requesting a variance from the terms of this chapter. The city council shall not approve a final plat until any outstanding appeals have been resolved by the board of adjustment;

(6)

It shall be the responsibility of the applicant to establish the necessary facts and burden of proof that an undue hardship exists which justifies a variance;

(7)

No variance may be granted for property subject to a specific use permit (SUP) or a planned development (PD). Any amendments, variances or waivers must be as an amendment to the PD or SUP.

(d)

Appeals to the zoning board of adjustment. Appeals to the board of adjustment can be taken by any person aggrieved by any office, official, board or department of the city in the enforcement of this chapter. A notice of appeal, specifying the grounds thereof, shall be taken within 15 days after the decision has been rendered by filing with the city secretary with notice provided to the officer from whom the appeal is taken and to the board. The officer against whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action the appeal was taken. The city manager or designee shall visit the site where the proposed variance, grievance or special exception will apply and the surrounding area and shall report findings to the board. An appeal stays all proceedings, both for the city and for the appellant, in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies in writing to the board after the notice of appeal shall have been filed with said officer that, by reason of facts stated in the certificate, a stay would, in the officer's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the board or by a court of competent jurisdiction or on application or notice to the officer from whom the appeal is taken and on due cause shown. The appellant party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within 30 calendar days after the written request (i.e., notice of appeal) was received. The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

(e)

Action by the zoning board of adjustment. The board shall not grant a variance or special exception unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions required for granting a variance or special exception have been satisfied. The board may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter.

(f)

Required vote to reverse administrative official. The concurring vote of 75 percent or four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

(g)

Order issued. On any matter properly submitted and considered by the board, and upon the final vote, the board shall issue a written order setting forth the board's decision.

(h)

Waiting period. No appeal to the board for the same or a related variance or special exception on the same piece of property shall be allowed for a waiting period of six months (i.e., 180 calendar days) following an unfavorable ruling by the board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the board or by the city council so as to alter the facts and conditions upon which the previous unfavorable board action was based. The changes of circumstances shall permit the re-hearing of a variance or special exception request by the board, but such circumstances shall in no way have any force in law to compel the board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the special circumstances related to the submitted property.

(i)

Timeliness of application for building permit or certificate of occupancy. Upon a favorable board action on a variance of special exception request, the applicant shall apply for a building permit or a certificate of occupancy, as applicable to the particular situation, within three months (i.e., 90 calendar days) following the date of board action, unless the board specified a longer time period in the minutes of its action. If the applicant fails to apply for a building permit or certificate of occupancy, as applicable, within the three-month timeframe, then the variance or special exception shall be deemed to have been waived, and all rights thereunder shall be terminated. The termination and waiver shall be without prejudice to the subsequent appeal, and such subsequent appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original variance or special exception request.

(j)

Finality of decisions; judicial review. All decisions of the board are final and binding. However, any person, jointly or severally, aggrieved by any decision of the board or any taxpayer or any officer, department, or board of this city may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court of record within ten days after the filing of the decision in the office of the board and not thereafter. Subject to V.T.C.A., Local Government Code § 211.011, only a court of record may reverse, affirm or modify a decision of the board.

(Code 1996, ch. 14, exh. 14A, art. IV, § 3)

Sec. 74-138. - Final approval and enforcement.

(a)

Final approval and ordinance adoption. Upon approval of the zoning request (and concept plan in the case of a PD or SUP request) by the city council, the applicant shall submit all related material with revisions, if necessary, to the city manager or designee for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the city council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared for adoption until a correct legal description and all required exhibits have been submitted to the city manager or designee, and the amending ordinance shall not be formally adopted (i.e., effective) until it is adopted by the city council, signed by the mayor, and attested by the city secretary. If all necessary materials and information are not received in a timely manner, and if the amending ordinance has not been adopted within six months (i.e., 180 calendar days) following city council action on the zoning request, then the city council may, at its option, recall the request for a new public hearing and reconsideration.

(b)

Administration and enforcement. The city manager shall designate a qualified member of the staff, such as the city's building official, to administer and enforce the provisions of this chapter. If such designated official finds upon personal observation, or upon receipt of a complaint, that the provisions of this chapter are being violated, such official shall immediately investigate and, when necessary, give written notice to the persons responsible to cease or correct such violations immediately. Notice may be delivered in person or by certified mail to the violators or to any person owning or leasing a property where the violation is occurring. The designated city official or authorized representative, shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this chapter.

(c)

Stop work orders. When any building or construction work is being done contrary to the provisions of this chapter, the city official, designated by the city manager, shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall, forthwith, stop such work until authorized in writing by the city to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this chapter, in accordance with section 74-543, and may incur penalties for such violation.

(Code 1996, ch. 14, exh. 14A, art. IV, § 4)

Sec. 74-160. - Annexed territory; building site requirements and development standards.

(a)

Temporary zoning; annexed territory. All territory hereinafter annexed to the city shall be temporarily classified as A Agricultural District until permanent zoning is established by the city council. As soon as practical following annexation, but in no event more than 180 calendar days thereafter, the city council shall, on its own motion or by property owners of the annexed area, initiate proceedings to formally and legislatively establish A Agricultural District zoning on the newly annexed territory, thereupon the city manager or designee shall commence public notification and other standard procedures for establishing permanent zoning on annexed territory which shall conform to section 74-291(a). The proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.); however, zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval and adoption have occurred, and as a separate and distinct action by the city council.

(1)

The initial zoning of a land parcel, whether it is interim in nature, by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as set forth in section 74-136(g) and all other applicable state laws;

(2)

The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification;

(3)

In an area temporarily classified as an A Agricultural District:

No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy from the building official or the city council, as may be required;

No permit for the construction of a building or use of land shall be issued by the building official or designee other than a permit which will allow the construction of a building or use permitted in the A Agricultural District, unless and until such territory has been classified in a zoning district other than the A Agricultural District, by the city council in the manner prescribed by law except as provided in subsection (a)(3)c.3 of this section;

If plans and preparations for developing a property for a use other than those specified in the A district were already in progress prior to annexation of the property into the city, then the city council may, at its discretion, authorize construction of the project by a majority vote. Application of this subsection is contingent upon the following:

An application for a building permit for the proposed building or use must be made to the building official of the city or designee within three months (i.e., within 90 calendar days) after annexation of the property into the city; and

The applicant must be able to demonstrate that plans and other preparations for developing the property commenced prior to (i.e., were already in progress at the time of) annexation into the city; and

In its deliberations concerning authorization to proceed with construction of a project which meets the above criteria, the city council shall take into consideration the appropriate land use for the area as shown on the city's future land use plan. Upon approval by the city council, the city manager or designee shall notify the building official or designee of such approval.

(b)

Creation of building site. No permit for the construction of a building upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions:

(1)

The lot or tract is part of a plat of record, properly approved by the planning and zoning commission and city council, and filed in the plat record of the county in which the property is located;

(2)

The plot, tract, or lot faces upon a dedicated street and was separately owned prior to the effective date of the ordinance from which this chapter is derived or prior to annexation into the city whichever is applicable, in which event a building permit for only one main building conforming to all the requirements of this chapter may be issued on each such original separately owned parcel without first complying with subsection (a) of this section;

(3)

The plot or tract is all or part of a site plan, if required, officially approved by the city council, and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land;

(4)

No building hereafter erected, converted or structurally altered shall be used or occupied until a certificate of occupancy has been issued by the building official which signifies compliance to the appropriate zoning district.

(c)

Platting property not permanently zoned. The planning and zoning commission of the city shall not consider any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been zoned by the city council.

(Code 1996, ch. 14, exh. 14A, art. V, § 1)

Sec. 74-161. - Annexation fees.

All annexations shall be accomplished in accordance with state annexation laws. Fees for requests for annexation of land into the city limits are as provided for in the city fee schedule. Annexation fees shall be refundable upon final annexation approval.

(Code 1996, § 1.12.001)

Sec. 74-191. - Intent of provisions.

(a)

Within the districts established by this chapter or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before the ordinance from which this chapter is derived was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this chapter to permit such nonconforming uses to continue, as long as the conditions with this section and other applicable sections of this chapter are met.

(b)

It is, further, the intent of this article that nonconforming uses and structures shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district, except as may otherwise be provided in this article.

(c)

Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved.

(Code 1996, ch. 14, exh. 14A, art. VI, § 1)

Sec. 74-192. - Nonconforming status.

(a)

A nonconforming status shall exist under the following provisions:

(1)

When a use, platted lot, or structure which does not conform to the regulations prescribed in the district in which such use, platted lot, or structure is located was in existence and lawfully operating prior to the adoption of the ordinance from which this chapter is derived and has been operating since, without discontinuance, providing that:

The use, platted lot, or structure was in existence and lawfully constructed, located and operating in accordance with previous zoning regulations or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which the use or structure is located; or

The use, platted lot, or structure was in existence at the time of annexation into the city, was a legal use of the land at such time and has been in regular and continuous use since such time;

(2)

Any other use, platted lot, or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of the ordinance from which this chapter is derived or any amendment hereto, and except as provided in subsection (a)(3) of this section, shall be deemed to be in violation of this chapter, and the city shall be entitled to enforce fully the terms of this chapter with respect to such use, platted lot, or structure;

(3)

The following types of platted lots shall be deemed in conformance with the provisions of this chapter, notwithstanding the fact that such lot does not meet the standards of this chapter in the district in which it is located:

Any vacant lot that conformed to the city's zoning district regulations at the time that it was platted; or

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located;

(4)

A lot of record that is nonconforming may be occupied by a single-family dwelling, provided that all appropriate zoning district regulations (i.e., height, setbacks, lot coverage, etc.) are met.

(b)

Continuing lawful use of land and structures.

(1)

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created;

(2)

A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.

(Code 1996, ch. 14, exh. 14A, art. VI, § 2)

Sec. 74-193. - Expansion or reconstruction of nonconforming uses and structures.

(a)

A nonconforming use or structure may not be enlarged, expanded or increased to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide off-street parking or loading areas as required by this chapter upon the recommendation of the planning and zoning commission and approval of the city council.

(b)

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

(c)

A nonconforming use may be extended throughout the structure in which it is located, provided that:

(1)

The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use; and

(2)

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

(3)

The number of dwelling units or families occupying the structure shall not exceed the number of dwelling units or families existing at the time the use became nonconforming.

(d)

Repairs and normal maintenance may be made to a nonconforming building, provided that no structural alterations, expansions, or extensions shall be made, except those required by law or ordinance, unless the building is changed to a conforming use.

(e)

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

(f)

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy from the building official but shall not be changed to a nonconforming use.

(g)

A nonconforming use located in a conforming or nonconforming structure shall not be changed to another nonconforming use.

(h)

Any nonconforming use located in a conforming structure may be changed to a conforming use, provided a new certificate of occupancy is secured from the city, and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

(i)

When a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformity with this chapter. The intent of the user or owner to discontinue a nonconforming use for a period of six months, coupled with a non-use of the nonconforming use for such period, shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use which, not involving a permanent type of structure, is moved from the premises shall be considered to have been abandoned.

(j)

If a structure occupied by a nonconforming use is destroyed by fire, acts of God, neglect, or other cause, it may not be rebuilt except to conform to the provisions of this chapter. In the case of partial destruction of a nonconforming use not exceeding 40 percent of its appraised value as determined by the appropriate county appraisal district, reconstruction will be permitted, but the size or function of the nonconforming use cannot be expanded.

(k)

If more than 40 percent of the total appraised value, as determined by the appropriate county appraisal district, of a nonconforming structure is destroyed by fire, the elements or some other cause, then the structure may be rebuilt only in conformity with the standards of this chapter.

(l)

Provisions applicable to Willow Run Addition. Notwithstanding any of the provisions of subsections (a) through (k) of this section, with regard to any parcel located within Willow Run Addition, a development of approximately 104 acres as shown more fully on the zoning map of the city, which was, prior to the passage and adoption of Ordinance No. 843-07, zoned as SF-1 Single-Family Residential-1 (minimum 20,000-square-foot lots) District and had, at that time, a structure existing thereon, the owners of such qualifying parcels may renovate, expand and rebuild a structure existing thereon at the time of passage of Ordinance No. 843-07, subject to the following provisions:

(1)

The owner of record of a qualifying parcel at the time of the passage of Ordinance No. 843-07 may expand a structure in existence thereon at the time of the passage of Ordinance No. 843-07; provided, however, that if the owner converts to retail uses, the owner shall not be allowed to revert to residential use thereafter;

(2)

Upon the death of the owners of a qualifying parcel or upon the sale or other transfer of the property by title, deed, or otherwise, the parcel may thereafter be used solely for retail/commercial uses;

(3)

The owner of record of a qualifying parcel at the time of the passage of Ordinance No. 843-07 shall have a period of one year within which to rebuild if a structure on a qualifying parcel is destroyed. If no attempt to rebuild occurs or if rebuilding is not completed within that one-year period, the owners may petition for an extension of that time period by submitting evidence to the city council or the zoning board of adjustment of a hardship encountered in the rebuild process;

(4)

The rebuilding of any structure in existence at the time of passage of Ordinance No. 843-07 shall be nonconforming with the previous vested rights. The retail/commercial criteria will not be considered if this is done within 12 months; however, rebuilding beyond a year shall be only with city council or zoning board of adjustment approval;

(5)

All rules regarding nonconforming uses that are not in conflict with this subsection (l) remain in effect.

(Code 1996, ch. 14, exh. 14A, art. VI, § 3; Ord. No. O-03-09, 4-20-2009; Ord. No. O-11-18, 9-18-2018)

Sec. 74-194. - Moving of nonconforming structure.

No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. The building relocation shall also require a structure relocation permit from the city and may also require platting of the intended building site pursuant to the subdivision regulations (chapter 72) as well as site plan approval per section 74-263.

(Code 1996, ch. 14, exh. 14A, art. VI, § 4)

Sec. 74-195. - Nonconforming lots.

Nothing in this chapter shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land uses intended and the lot was platted as a lot of record prior to the effective date of the ordinance from which this chapter is derived.

(Code 1996, ch. 14, exh. 14A, art. VI, § 5)

Sec. 74-196. - Registration, termination and amortization of nonconforming uses.

(a)

Registration of nonconforming uses and properties. Nonconforming uses and properties must be registered with the city within six months of the official action making such a use or property nonconforming. City staff shall make all reasonable and good faith efforts to notify property owners when the use or property becomes nonconforming through official city action. Property owners are responsible for knowing the legal status of the property over which such owner has care, custody or control. Property owners are responsible for such registration, and failure of city staff to notify the owners of the nonconforming status of the property does not negate the registration requirement or the burden to so register upon the property owner.

(1)

Upon failure to file the registration within the designated six-month time period, the nonconforming use lapses and the nonconforming use of the property must terminate. City staff shall maintain as a public record the nonconforming use registry;

(2)

Any nonconforming structure, including a fence over legal height, obstruction, sign, junkyard and automobile salvage or storage yard, billboard, landfill, or fenced outdoor commercial or industrial storage area shall be removed after a period of five years after the effective date of registration;

(3)

The board of adjustment shall, after the five-year period has elapsed, provide notice and a hearing to the affected property owner and to all properties within 200 feet of the affected property. The purpose of the hearing is to determine whether an order of termination shall be issued;

(4)

The board of adjustment may extend the amortization period at any time upon application of the affected property owner upon establishment that the amortization period deprives the owner of all or substantial economic use of the property as set forth in the procedures herein, including appeals of determinations of automatic termination due to the failure to register;

(5)

The burden is on the party seeking to continue to maintain the nonconforming use, such proof to include, but not be limited to, the following:

Prior existence of the use before the effective date of the change in regulations that render the use nonconforming;

The use was lawful when established;

The use has been lawfully continued from its inception;

(6)

Contradictory, insufficient or incomplete evidence may be the basis to sustain a denial of the right to maintain a nonconforming use.

(b)

Termination/amortization of certain nonconforming uses.

(1)

Determination of need for expedited compliance.

The city council, upon its own motion or upon the written request of any affected person, may discontinue a nonconforming use or structure. The city council shall determine whether there is a public necessity for expedited compliance with the applicable zoning district regulations. The following factors shall be considered by the city council in determining the public necessity for expedited compliance:

The character of the surrounding neighborhood;

The degree of incompatibility of the use or structure to the zoning district in which it is located; and

The effect of the nonconforming use or structure on the surrounding area and the effect of its cessation on that area.

If the city council finds that there is not a public necessity for expedited compliance with the zoning district regulations, it may choose to reevaluate the current zoning to determine if it is appropriate for the property on which the use or structure is located.

(2)

Determination of amortization period.

If the city council passes a resolution under subsection (b)(1) of this section for expedited compliance with the zoning district regulations, the board of adjustment shall, in accordance with these provisions and any order of the city council, determine an amortization period for the nonconforming use whereby the owner's actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period;

Notice of the hearing before the board of adjustment shall be given to the owner of the property as listed in the most recent property or deed records of the county in which the property is located and to all property owners within 200 feet of the affected property. The notice shall be by certified mail, return receipt requested, by U.S. Postal Service signature delivery or personal service. If the certified mail is returned refused or unclaimed, notice shall be deemed delivered. The hearing shall be not less than 30 days after the date of notice of such hearing. A copy of the amortization formula shall accompany the notice letter, or a listing of the factors to be considered by the board of adjustment. The notice shall also contain notice that the burden is on the property owner to bring forth sufficient evidence to establish the right to continue the nonconforming use or the factors to determine the amortization period;

The following factors must be considered by the board of adjustment in determining the amortization period:

The owner's capital investment in structures, fixed equipment and other assets (excluding inventory and other assets feasibly transferred to another site) on the property before the time the use became nonconforming. The owner's capital investment in property shall be calculated based upon the recoupment of the owner's actual cost in such property, as opposed to the full value, market value or replacement value;

Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases and discharge of mortgages existing prior to the nonconforming status;

Any return on investment since inception of the use, including net income and depreciation;

The anticipated annual recovery of investment, including net income and depreciation;

The amortization formula may consider past depreciation of the structures or the ability to move the structures to another location. The formula need not consider appreciation of land value, improvements or profit from an advantageous acquisition of the property;

The board of adjustment may use the advice or services of city staff, or outside professionals if approved by the city council, to calculate the amortization period;

Evidence necessary for the determination of the amortization period shall be provided by the owner. The board is authorized to compel the production of additional information and consider additional information in making its determination.

(c)

City council action. Once the board of adjustment determines the amortization period for a nonconforming use, it shall submit such finding to the city council, and, upon notice to the owner and hearing, the city council may:

(1)

Establish a compliance date for full amortization of the nonconforming structure; or

(2)

Order a compliance date which is prior to the full amortization of the investment and determine what compensation, if any, is appropriate; or

(3)

Modify or rescind its resolution for expedited compliance and issue orders consistent therewith.

(d)

Compliance requirement. If a compliance date for a nonconforming use is established by the city council, the use shall cease operations on that date and it may not operate thereafter unless it becomes a conforming use. If the city council establishes a compliance date for a nonconforming structure, the structure shall be demolished or made conforming by the compliance date. Any appeals of the decision of the city council shall be to a court of competent jurisdiction.

(Code 1996, ch. 14, exh. 14A, art. VI, § 6)

Sec. 74-197. - Right to proceed.

Nothing contained in this article is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to V.T.C.A., Local Government Code §§ 43.002 and 245.001 through 245.006.

(Code 1996, ch. 14, exh. 14A, art. VI, § 7)

Sec. 74-218. - Building permits required.

(a)

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the city building official or designee. A building permit shall not be issued except in conformity with the provisions of this chapter and section 50-4, unless otherwise authorized by the zoning board of adjustment in the form of a variance or special exception as provided in section 74-137. A building permit shall not be issued until the property is properly zoned for the intended use, until the property is platted in accordance with the subdivision regulations in chapter 72, nor until all appropriate plans have been approved by the city (including, but not limited to, a preliminary plat, a detailed plot plan, a final site plan, landscaping and façade plans, building structural plans, etc.).

(b)

Plans for any permanent structure to be constructed or otherwise located within the city must be approved by the building official or designee, who, upon approval, shall issue a building permit. A complete application for a building permit shall contain details of foundation and the structure that is sufficient to determine compliance with the city's adopted building codes. Upon submission of a complete application, the building official or designee shall review it for compliance and shall issue a building permit if compliance with all applicable city building codes, with this chapter, and with the subdivision regulations in chapter 72 is verified. After issuance of a building permit and prior to issuance of a certificate of occupancy, the building official or designee shall conduct inspections on, including, but not limited to, foundation, plumbing, electrical and framing, to determine compliance with city-adopted building codes.

(Code 1996, ch. 14, exh. 14A, art. VII, § 1)

Sec. 74-219. - Cancellation of building permit.

Failure of an applicant or any of the applicant's agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans upon which a building permit was issued, when such failure constitutes a violation of any provision of this chapter, shall render such building permit void, and the building official or designee is authorized and directed to revoke any such permit by giving written notice to the applicant or agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable provisions of this chapter.

(Code 1996, ch. 14, exh. 14A, art. VII, § 2)

Sec. 74-220. - Certificate of occupancy.

(a)

Required.

(1)

Except as exempted in the adopted International Residential Code (IRC), the International Building Code (IBC) and the North Central Texas Council of Governments (NCTCOG) amendments, a certificate of occupancy shall be required for any of the following:

Occupancy and use of a building hereafter erected or structurally altered;

Change in use of an existing building to a different use;

Change in the use of land to a different use; and

Any change in the use of a nonconforming use;

(2)

No such use, or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the building official or designee.

(b)

Record on file. A record of all certificates of occupancy shall be kept on file in the building official or designee's office, and copies shall be furnished upon request to any person in accordance with state laws governing public records.

(c)

Procedure for new or altered buildings. Written application for a certificate of occupancy for a new building or for an existing building that is to be altered shall be made at the same time as the application for the building permit for such building. After submittal of the written application and payment of any required fee as adopted by ordinance and provided in the city's fee schedule, the certificate shall be issued after the building official or designee orders the building or structure inspected and finds no violations of the provisions of this chapter or other regulations that are enforced by the building official or designee. The certificate shall be issued by the building official or designee, after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this chapter, and any applicable regulations and ordinances of the city.

(d)

Procedure for vacant land or a change in building use. Written application for a certificate of occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the building official or designee. If the proposed use is a conforming use, as herein provided, written application shall be made to the building official or designee. If the proposed use is found to be in conformity with the provisions of this chapter and other applicable provisions of this Code, the certificate of occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the building official or designee, within ten days following receipt of the application and payment of all applicable fees.

(e)

Contents of certificate. Every certificate of occupancy shall contain the following, and it shall be maintained by the building official:

(1)

The building permit number; and

(2)

The address of the building; and

(3)

The name and address of the owner; and

(4)

A description of that portion of the building for which the certificate is issued; and

(5)

A statement that the described portion of the building has been inspected for compliance with the requirements of this Code, including specifically the city building and fire codes, for the particular group and division of occupancy; and

(6)

The name of the building official or designee; and

(7)

Uses allowed; and

(8)

The maximum number of persons/occupants; and

(9)

The issue date of certificate of occupancy; and

(10)

Any other information as may be required by the public information provisions of V.T.C.A., Government Code § 552.001 et seq.

(f)

Posting of certificates. The property owner or occupant shall post the certificate of occupancy in a conspicuous place on the premises, and the certificate of occupancy shall not be removed except by the building official or designee.

(g)

Revocation of certificates. The building official or designee may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this chapter or the building code and other codes adopted by the city, and any amendments thereto.

(h)

Certificates for nonconforming uses. No later than 180 days after the adoption of the ordinance from which this chapter is derived, the city manager shall cause designee to survey all properties within the jurisdiction of the city and notify property owners of nonconforming uses and buildings. Thereafter, a certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of the ordinance from which this chapter is derived. Application for such certificate of occupancy for a nonconforming use shall be filed with the building official or designee by the owner or occupant of the structure or land that is occupied by the nonconforming use within one year (i.e., 365 calendar days) following the effective date of the ordinance from which this chapter is derived. It shall be the duty of the building official or designee to issue a certificate of occupancy for a lawful nonconforming use upon receipt of application for same, but failure to apply for such certificate for a nonconforming use (i.e., by the owner or occupant of the premises) shall be evidence that the nonconforming use was either illegal or did not lawfully exist as of the effective date of the ordinance from which this chapter is derived.

(Code 1996, ch. 14, exh. 14A, art. VII, § 3)

Sec. 74-221. - Completion of buildings in progress.

Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of the effective date of the ordinance from which this chapter is derived, and the remaining construction of which shall have been completed within one year (i.e., 365 calendar days) following the effective date of the ordinance from which this chapter is derived. In addition, any nonresidential building or structure for which a building permit has been approved by the city not more than one year (i.e., 365 calendar days) prior to the effective date of the ordinance from which this chapter is derived may be constructed according to the terms of that building permit.

(Code 1996, ch. 14, exh. 14A, art. VII, § 4)

Sec. 74-251. - Purpose.

This article establishes a site plan review process for proposed planned development requests, specific use permit requests, nonresidential, mixed-use and other higher density residential developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with the comprehensive plan and other appropriate design standards, safe and efficient vehicular and pedestrian circulation, adequate parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, coverage and other utility services.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 1)

Sec. 74-252. - Applicability.

(a)

Site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached, and multifamily residential projects, and for all planned development district or specific use permits.

(b)

No building permit shall be issued for any of the developments described in subsection (a) of this section until a site plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city. The site plan review process shall include up to four steps:

(1)

Pre-application conference between applicant and city staff; and

(2)

Concept plan review (voluntary, except for planned developments or specific use permits); and

(3)

Site plan and other associated plan (i.e., preliminary plat, engineering plans) review; and

(4)

Final plat review and approval; and

(5)

Construction of project (after city approval of all required plats and plans).

(Code 1996, ch. 14, exh. 14A, art. VIII, § 2)

Sec. 74-253. - Exemptions and exceptions.

Site plan review shall not be required for single-family (detached) or two-family residential developments, unless the proposed subdivision will include a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.) or a golf course, unless the proposed subdivision will have private (not public) streets. In these instances, site plan submission and approval (in accordance with this article) will be required for the project, including the private amenity or facility, the golf course clubhouse/hospitality area, and the gated (restricted access) entrances.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 3)

Sec. 74-254. - Site plan submission requirements.

(a)

An application for concept plan (voluntary except for planned developments or specific use permits) or site plan approval shall be comprised of the following (all required items/information must be received by the city manager or designee in order for a concept plan or site plan application to be considered complete (see section 74-256); incomplete submissions will not be reviewed until all deficient items and information have been received):

(1)

An application, provided by the city, with notarized signatures of the owner or designated representative if the applicant is not the owner of the subject property;

(2)

Filing fee;

(3)

Verification that all taxes and assessments on the subject property have been paid (see section 74-255);

(4)

Copies of the concept plan or site plan (on a 24-inch by 36-inch sheet, and drawn to a known engineering scale that is large enough to be clearly legible), and other required information, the quantity of which shall be determined by the city manager or designee;

(5)

Reduced copies (11-inch by 17-inch or smaller) of the site plan as required by the city manager or designee;

(6)

Landscaping and irrigation plans (with site plan; not required with concept plan), the quantity of which shall be determined by the city manager or designee;

(7)

Building façade (elevation) plans (with site plan; not required with concept plan) drawn to scale, the quantity of which shall be determined by the city manager or designee;

(8)

Any additional information/materials (such as plans, maps, exhibits, legal description of property, information about proposed uses, etc.) as deemed necessary by the city manager or designee in order to ensure that the development request is understood;

(9)

If the application is for a single-family subdivision, a land study may qualify as a site plan, notwithstanding other information contained herein that may still be deemed as required with the application.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 4)

Sec. 74-255. - Payment of all indebtedness attributable to subject property.

No person who owes delinquent taxes, fees, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the city, and which are directly attributable to a piece of property, shall be allowed to submit an application for concept plan or site plan until the taxes, fees, assessments, debts, or obligations directly attributable to the property and owed by the owner or previous owner thereof shall have been first fully paid, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, debts and obligations have been paid.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 5)

Sec. 74-256. - Official submission date and completeness of application.

For the purpose of this article, the official submission date shall be the date upon which a complete application for approval of a concept plan or site plan (that contains all elements and information required by this article) is submitted to the city manager or designee, as provided by section 74-135(e).

(Code 1996, ch. 14, exh. 14A, art. VIII, § 6)

Sec. 74-257. - Supplemental requirements.

The city manager may require other information and data for specific concept plans or site plans. This data may include, but is not limited to, geologic information, water yields, flood data and/or hydrological studies, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. approval of a concept plan or site plan may establish conditions for construction based upon such information.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 7)

Sec. 74-258. - Principles and standards for review and evaluation.

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the city, and to ensure that all developments are, to the best extent possible, constructed according to the city's adopted codes and ordinances:

(1)

The city manager or designee shall review the concept plan or site plan for compliance with all applicable provisions of this Code and with the comprehensive plan; for harmony with surrounding uses and with long-range plans for the future development of the city; for the promotion of the health, safety, order, efficiency, and economy of the city; and for the maintenance of property values and the general welfare;

(2)

Concept plan or site plan review and evaluation by the city manager or designee shall be performed with respect to the following:

The plan's compliance with all provisions of this chapter and provisions of other applicable chapters of this Code;

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood;

The relationship of the development to adjacent uses in terms of harmonious design, façade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts;

The provision of a safe and efficient vehicular and pedestrian circulation system;

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged;

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings;

The coordination of streets so as to arrange a convenient system consistent with the thoroughfare plan of the city;

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design;

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties;

The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses;

Protection and conservation of soils from erosion by wind or water or from excavation or grading;

Protection and conservation of watercourses and areas that are subject to flooding;

The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants;

Consistency with the comprehensive master plan of the city as adopted or amended.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 8)

Sec. 74-259. - Approval process and revisions.

(a)

Pre-application conference.

(1)

The applicants should avail themselves of the advice and assistance of the city officials and should consult early and informally with the city manager, the building official, the city planner, the city engineer, and other applicable administrative officers before preparing a concept plan (a voluntary plan, except for planned developments or specific use permits) or a site plan in order to save time, money and to avoid potential unnecessary delays;

(2)

Prior to formal application for approval of any concept plan or site plan, the applicants shall request and attend a pre-application conference with the city manager or designee, the city planner, the city engineer, the building official, and any other pertinent city officials in order to become familiar with the city's development regulations and the development process. At the pre-application conference, the developer may be represented by an attorney, land planner, engineer, agent or surveyor.

(b)

City staff review. Upon official submission of a complete application for concept plan or site plan approval, the city shall commence technical review of the development proposal by forwarding a copy of the application to development review committee (DRC) (such as the city manager, community development director, municipal services director, city planner, building official, police chief, fire chief, etc.). The DRC shall review the application and shall ascertain its compliance with these and other applicable city regulations. Following DRC and other city staff review of the plan and supporting documents and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plan to the city manager or designee no later than seven calendar days prior to the commission meeting. Failure to resubmit corrected copies of the plan back to the city in time shall be cause for the city manager or designee to forward the plan application to the commission as it was originally submitted rather than the corrected version (corrected copies of the plan resubmitted to the city less than seven days prior to the meeting date shall not be accepted or forwarded to the commission). If, upon resubmission of the corrected plan to the city, the city manager or designee determines that the application is still incomplete or not correct (i.e., not ripe for consideration), the plan application shall be subject to denial.

(c)

Action by the planning and zoning commission and the city council.

(1)

All concept plan and site plan applications shall be reviewed by the planning and zoning commission, and, if in conformance with the provisions of this chapter and all other applicable regulations and codes of the city, they shall then be considered for approval by the city council;

(2)

The city manager, or designee, shall schedule consideration of the concept plan or site plan on the regular agenda of the planning and zoning commission in a timely manner after the submission is received (or, in the case of an incomplete submission, after the submission is deemed complete). The commission shall review the concept plan or site plan and shall recommend approval, approval subject to certain conditions, or disapproval of the concept plan or site plan;

(3)

If the commission recommends approval (with or without conditions) of the plan, then it will be forwarded to the city council for consideration. If the commission recommends disapproval of a plan application, the commission shall state such disapproval and the reasons therefor;

(4)

The applicant or property owner may appeal such decision to city council by filing a written notice of appeal in the office of the city manager or designee no later than ten calendar days after the date upon which the commission denied the application. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal;

(5)

The city council shall consider the appeal at a public meeting no later than 30 calendar days after the date upon which the notice of appeal was filed. The city council may change the decision of the commission by vote of three-fourths majority of the full city council. The city council may also, where appropriate, remand the concept plan or site plan application back to the commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony, etc.). The city council shall determine final approval or disapproval of all concept plan or site plan applications.

(d)

Revisions to the approved site plan.

(1)

Minor revisions/amendment. It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the city manager or designee, after review and comments from the city planner, shall have the authority to approve minor modifications to an approved site plan (which shall be submitted as an amended site plan which substantially conforms to the previously approved site plan), provided that such modifications do not significantly change traffic circulation, building locations on the site, or proximity of buildings to nearby residential areas, increase the size or height of buildings, or change any other conditions specifically attached as part of the city council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the city manager or designee;

(2)

Major revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments in subsection (d)(1) of this section), a revised site plan must be resubmitted, reviewed by the city manager or designee, and reconsidered by the commission and the city council in accordance with the procedures set forth in this section.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 9)

Sec. 74-260. - Lapse of concept plan or site plan approval.

The approval of a concept plan or site plan shall be effective for a period of six months (i.e., 180 calendar days) beyond the date that the plan was approved by the city council except as provided herein. By 12:01 a.m. on the 181st day following council approval of the plan, the applicant must have completed a city-required progress benchmark, as set forth below. If this is not accomplished, then the approved concept plan or site plan shall be deemed to have expired and shall become null and void. The series of progress benchmarks for a project, pursuant to the provisions of this section, are as follows:

Approved Plan	Next Progress Benchmark
Concept plan	Approval of the final site plan (per this chapter), and voluntary, except approval of the preliminary plat (per subdivision regulations in chapter 72) and with PDs and SUPs continued active engineering review of the engineering/construction plans (which were submitted along with the preliminary plat and final site plan)
Site plan	Engineering release and commencement of construction of public improvements, and application for a building permit for at least one of the buildings on the approved site plan, within six months following approval of the site plan

(Code 1996, ch. 14, exh. 14A, art. VIII, § 10)

Sec. 74-261. - Extension and reinstatement procedure.

(a)

Prior to the lapse of approval for a concept plan or site plan, the applicant may petition the city, in writing, to extend the plan approval. The petition shall be considered at a public meeting before the commission and then city council, and an extension may be granted by city council at such meeting. If no petition for extension of concept plan or site plan approval is submitted, then the plan shall be deemed to have expired and shall become null and void. Any new request for concept plan or site plan approval shall be deemed a new project; shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section; and shall be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

(b)

In no instance shall more than one extension be considered or granted for a concept plan or site plan.

(c)

In determining whether to grant a request for extension, the city council shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the concept plan or site plan at that point in time. The commission and city council shall either extend the concept plan or site plan or deny the request, in which instance the originally approved plan shall be deemed null and void. The property owner must thereafter submit a new concept plan or site plan application for approval as a new project and shall conform to the zoning and development regulations then in effect.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 11)

Sec. 74-262. - Concept plan requirements.

(a)

Applicability.

(1)

Submission and approval of a concept plan (a voluntary plan except for planned development or specific use zoning requests) can be the first step in the approval process for a development project (either residential or nonresidential) if the applicant prefers to do so. City review and approval of a concept plan has many benefits for both the city and the applicant. The applicant benefits in that the applicant gains preliminary review and scrutiny (as well as input and suggestions) on the overall conceptual layout of the proposed development from the city's DRC. Approval of a concept plan may also offer the applicant some level of confidence that subsequent plan submissions will be favorably received and approved with few major changes to the project's design and layout, provided that the project complies with city regulations. For example, once the site plan and preliminary plat (and corresponding engineering plans) are submitted for a nonresidential project, unforeseen changes in site layout can prove to be expensive in terms of design and engineering costs and time lost due to major plan revisions. The city benefits in that it is allowed to become familiar with and involved in the project early in the development process (which is particularly important for large-scale developments and subdivisions). This allows the city to plan for and closely coordinate the provision of public facilities and services, thereby potentially avoiding future problems, such as undersized utility lines, inadequate roadway capacities, unanticipated shortfalls in public services, and fiscal inefficiencies resulting from lack of planning and coordination;

(2)

Submission and approval of a concept plan is mandatory for a zoning request for a planned development or specific use permit. Submission and approval of a concept plan is encouraged (but not required) in the following circumstances:

In conjunction with a zoning or rezoning request for a property that is intended for development; or

Prior to submission of an application for a site plan (and preliminary plat) for a property that is intended for development (particularly large land parcels); or

In conjunction with any project where a road is to be established or realigned.

(b)

Purpose. The purpose of a concept plan is to allow opportunity for the planning and zoning commission and city council to preview various development-related aspects of the project, including proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; building orientation and massing; conformance to the comprehensive plan, this chapter (if the subject property is within the city's corporate limits), subdivision regulations in chapter 72, future land use plan, thoroughfare plan and other applicable plans and guidelines; and the property's relationship to adjoining subdivisions or properties. Review of a concept plan would also assist the city in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community.

(c)

Extent of area that should be included in a concept plan. When the overall development project is to be developed in phases, the concept plan area shall include the entire zoned property from which the phases are being developed, as well as an approximate development schedule. When significant natural or human-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items to be shown on a concept plan, the plan may include a smaller study area. Boundaries, such as major thoroughfares (existing or proposed), creeks, political subdivisions, or other such natural or human-made features, may be used to delineate the smaller study area.

(d)

Procedures and submission requirements for concept plan approval. Submission of an application for concept plan approval shall be preceded by a pre-application conference with the city staff (see section 74-259(a)). The concept plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals 200 feet and on sheets 24 inches by 36 inches, and it shall show the following:

(1)

A title block within the lower right-hand corner of the concept plan with the proposed name of the project/subdivision, the name and address of the owner/developer and the land planner, engineer, architect or surveyor responsible for the design or survey, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Dallas or Ellis County, whichever is appropriate;

(2)

A vicinity or location map that shows the location of the proposed development within the city (or its ETJ) and in relationship to existing roadways;

(3)

The boundary survey limits of the tract and scale distances with north clearly indicated;

(4)

The names of adjacent subdivisions (or the name of the owners of record and recording information for adjacent parcels of unplatted land), including parcels on the other sides of roads, creeks, etc. The concept plan shall include a depiction of all contiguous holdings of the property owners, the existing/proposed uses of the subject property, a general arrangement of future land uses, including the approximate number of lots and any residential uses anticipated, and a generalized circulation plan for the subject property;

(5)

The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements (with recording information, width and purpose); existing buildings; railroad rights-of-way; topography (contours at five-foot intervals) with existing drainage channels or creeks (including the 100-year floodplain, if applicable); any other important natural features (such as rock outcroppings, caves, wildlife habitats, etc.); all substantial natural vegetation; and adjacent political subdivisions, corporate limits, or school district boundaries;

(6)

Proposed strategies for tree preservation (showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction);

(7)

The layout and width (right-of-way lines) of existing and proposed thoroughfares, collector streets or intersections, and a general configuration of proposed streets, lots and blocks, including proposed median openings and left turn lanes on future divided roadways (existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings);

(8)

A general arrangement of land uses and buildings, including, but not limited to, proposed nonresidential and residential densities; building heights, square footages, massing, orientation, loading/service areas, recycling containers, compactors and dumpster enclosures, pedestrian walkways, and parking areas; any proposed sites for parks, schools, public facilities, public or private open space; floodplains/drainageways; and other pertinent development-related features; and

(9)

The phasing of development (the anticipated order of development for the overall property).

(e)

Effect of review.

(1)

The concept plan shall be used only as an aid to show the anticipated layout of the proposed development, and to assess the adequacy of public facilities or services that will be needed to serve the proposed development. Any proposed use or development depicted on the concept plan shall not be deemed formal authorization or approval by the city until a final site plan is approved for the development (concept plan approval is to be thought of as a general acknowledgment by the city that the proposed layout generally conforms to the city's zoning regulations, and that the proposed development can be adequately served by required public facilities or services). If the applicant chooses to construct only the initial phases of a multi-phase project designated in the concept plan, a new concept plan may be required for site plan approval of subsequent phases, if the proposed development layout, character, or other conditions affecting the development substantially change from one phase to the next;

(2)

The approved concept plan shall be valid for a period of six months (i.e., 180 calendar days) from the date of concept plan approval by city council.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 12)

Sec. 74-263. - Site plan review.

(a)

Applicability and purpose. Submission and city approval of a site plan is required as stated in section 74-254. The purpose of final site plan approval is to ensure that a development project is in compliance with all applicable provisions of this Code and guidelines prior to commencement of construction. Approval of the site plan, preliminary plat, landscape plan, building façade plan, and engineering plans are required prior to site construction.

(b)

Extent of area that should be included in a site plan. When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed.

(c)

Procedures and submission requirements for site plan approval.

(1)

Submission of an application for site plan approval shall be preceded by a pre-application conference with the city staff. The site plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals 100 feet and on sheets 24 inches by 36 inches and 11 inches by 17 inches, and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). The site plan shall include, but not be limited to, the following:

A title block within the lower right-hand corner of the site plan with the proposed name of the project/subdivision, the name, address and telephone number of the owner/developer and the land planner, engineer, architect or surveyor responsible for the plan, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Dallas or Ellis County, whichever is appropriate;

A vicinity or location map (at a scale of no less than one inches equals 1,000 feet) that shows the location of the proposed development within the city (or its ETJ) and in relationship to existing roadways;

The boundary survey limits of the tract (and each proposed lot) and scale distances with north clearly indicated;

The names of adjacent additions or subdivisions (or, if individually owned, the name of the owners of record and recording information for adjacent parcels of platted or unplatted land), including parcels on the other sides of roads, creeks, etc.;

The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements (with recording information, width and purpose); existing buildings; railroad rights-of-way; topography (contours at two-foot intervals) with existing drainage channels or creeks (including the 100-year floodplain, if applicable); any other important natural features (such as rock outcroppings, caves, wildlife habitats, etc.); and all substantial natural vegetation;

Proposed strategies for tree preservation (showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction), as further provided by this chapter;

The layout and width (right-of-way lines and curblines) of existing and proposed thoroughfares, collector streets or intersections, and specific configuration of proposed streets, lots and blocks, proposed driveways (show driveway widths and distances between driveways), and proposed median openings and left turn lanes on future divided roadways (existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings);

Specific locations and footprints of buildings, including, but not limited to, proposed nonresidential and residential densities; building heights, square footages (for multi-tenant or multi-purpose buildings, show square footage for each intended use), massing, orientation, loading/service areas (including proposed screening), recycling containers, compactors and dumpster enclosures (including proposed screening), pedestrian walkways, and parking areas (including parking ratio calculations); any proposed sites for parks, schools, public facilities, public or private open space; floodplains/drainageways; all proposed and existing utilities and easements; drainage structures; retention/detention ponds with proposed aesthetic treatments; screening walls; fences; signage; fire lanes and fire hydrants; lighting; visibility easements; and other pertinent development-related features;

A landscape plan showing turf areas, tree types and sizes, screening walls, ornamental plantings, planting schedule (including species, planted height, spacing, container/caliper size, numbers of each plant material, etc.), any existing wooded areas, trees to be planted, and irrigation plans (if required), as further provided by this chapter; and

Building façade (elevation) plans showing elevations with any attached (wall-mounted) signage to be used, as determined appropriate by the city manager or designee;

(2)

Permit of the items set forth in subsection (c)(1) of this section shall conform to the principles and standards of this chapter and the comprehensive master plan. To ensure the submission of adequate information, the city is empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the city manager or designee shall have the authority to update such requirements for site plan and development review applications. It is the applicant's responsibility to be familiar with, and to comply with, these requirements.

(d)

Effect of review. The site plan shall be considered authorization to proceed with construction of the site provided all other required city approvals are obtained (such as preliminary plat, engineering plans, landscape plan, building façade plans, building permits, etc.). The approved site plan shall be valid for a period of six months (i.e., 180 calendar days) from the date of approval by the city council.

(Code 1996, ch. 14, exh. 14A, art. VIII, § 13)

Sec. 74-290. - Established.

The city is divided into the following zoning districts. The use, height and lot area regulations, and other standards, as set out herein, apply to each district, as set out in this section. The districts established herein shall be known as:

Abbreviated Designation	Zoning District Name
Base Districts
A	Agricultural
SF-E	Single-Family Estate Residential (minimum 40,000-square-foot lots)
SF-1	Single-Family Residential-1 (minimum 20,000-square-foot lots)
SF-2	Single-Family Residential-2 (minimum 12,000-square-foot lots)
SF-3	Single-Family Residential-3 (minimum 9,000-square-foot lots)
O	Office
NS	Neighborhood Service
R	Retail
TC	Town Center Commercial
C	Commercial
I	Industrial
Provisional Districts
SF-4	Single-Family Residential-4 (minimum 7,500-square-foot lots)
SF-PH	Single-Family Residential-Patio Home (zero-lot-line homes)
MF	Multifamily Residential
MH	Manufactured Home
Overlay Districts
PD	Planned Development
PD-ED	Planned Development-Economic Development
SUP	Specific Use Permit
Obsolete Districts
SF-5	Single-Family Residential-5 (minimum 5,500-square-foot lots)
BP	Business Park
HC	Highway Commercial

(Code 1996, ch. 14, exh. 14A, art. IX, § 1)

Sec. 74-291. - Zoning classifications; regulations and purposes.

(a)

A Agricultural District.

(1)

General purpose and description. The A Agricultural District provides for the use of land for farming, ranching, gardening and similar uses of vacant land. Single-family uses on large lots are also appropriate for this district. When land in the A district is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning districts to provide for orderly growth and development in accordance with the comprehensive master plan. This district shall serve as the interim zoning district for any land annexed into the city until such time as it is zoned in accordance with the provisions herein;

(2)

Permitted uses. Those uses listed for the A district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the A district are as follows:

2½ stories or 35 feet for the main building/house;

45 feet for uninhabited agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than 100 feet from any residential structure on the premises, and they are set back at least 100 feet or three times their height (whichever is greater) from any front, side or rear property line;

15 feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.;

Other requirements as set forth in section 74-418(i);

(4)

Area regulations. Area regulations for the A district are as follows:

Size of lots:

Minimum lot area: three acres;

Minimum lot width: 250 feet;

Minimum lot depth: 200 feet;

Size of yards:

Minimum front yard: 50 feet;

Minimum side yard: 15 percent of the lot width, but need not exceed 50 feet; 25 feet from a street right-of-way line for a corner lot;

Minimum rear yard: 40 feet;

Maximum lot coverage: 15 percent for main buildings and accessory buildings;

Minimum lot access: No lot shall have less than 35 feet access measured at the right-of-way line;

(5)

Parking regulations. Parking regulations in the A district are as follows:

Single-family dwelling unit: A minimum of two enclosed, attached or detached, parking spaces no less than 24 feet by 24 feet, on the same lot as the main structure, plus two additional parking spaces on a paved driveway having a minimum length of 55 feet as measured from ten feet interior of any paved or improved public surface (i.e., roadway, sidewalk);

Other: See article XIV of this chapter;

(6)

Minimum floor area. Minimum floor area per dwelling unit in the A district is as follows: 2,250 square feet. Minimum dwelling unit areas specified shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings;

(7)

Minimum exterior construction standards. Minimum exterior construction standards in the A district are as follows:

Masonry: See section 74-293(c)(10)a ;

Roof pitch: See section 74-293(c)(10)f.5;

Roofing systems: See section 74-293(c)(10)f;

Chimney design: See section 52-2;

(8)

Mailboxes. Standards for mailboxes in the in the A district are as follows: See section 52-23;

(9)

Accessory buildings. Accessory buildings in the A district are as follows: See section 52-24;

(10)

Driveways. Driveway standards in the A district are as follows:

In A districts, circle driveways are permitted with front yard setbacks of 30 feet or more and where the driveway is a minimum of 15 feet from the front door;

All other driveway requirements are found in section 52-25;

(11)

Sidewalks. Sidewalk standards in the A district are as follows: See section 52-26;

(12)

Lighting. Lighting standards in the A district are as follows: See section 56-60(s);

(13)

Special requirements. Special requirements in the A district are as follows: See section 52-27;

(14)

Other regulations. Other regulations in the A district are as follows: As established by articles XIII, XIV, and XV of this chapter and subdivision regulations in chapter 72.

(b)

SF-E Single-Family Estate Residential District.

(1)

General purpose and description. The SF-E Single-Family Estate Residential District is intended to provide for development primarily composed of single-family detached dwellings on larger lots that are not less than 40,000 square feet in size. Areas zoned for the SF-E district shall have, or shall make provision for, city water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts;

(2)

Permitted uses. Those uses listed for the SF-E district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the SF-E district are as follows:

2½ stories, or 35 feet for the main building/house;

15 feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.;

Other requirements (see section 74-418(i));

(4)

Area regulations. Area regulations for the SF-E district are as follows:

Size of lots:

Minimum lot area: 40,000 square feet; maximum density one dwelling unit per acre;

Minimum lot width: 140 feet;

Minimum lot depth: 140 feet;

Size of yards:

Minimum front yard: 40 feet;

Minimum side yard: 25 feet; 25 feet measured from a street right-of-way line for a corner lot;

Minimum rear yard: 40 feet;

Maximum lot coverage: 25 percent for the main building; 50 percent for the main building and any accessory buildings, driveways and parking areas combined;

Minimum lot access: No lot shall have less than 35 feet access measured at the right-of-way line;

(5)

Parking regulations. Parking regulations in the SF-E district are as follows:

Single-family dwelling unit: A minimum of two enclosed, attached or detached, parking spaces no less than 24 feet by 24 feet, on the same lot as the main structure, plus two additional parking spaces on a paved driveway having a minimum length of 30 feet as measured from ten feet interior of any paved or improved public surface (i.e., roadway, sidewalk);

Other: See article XIV of this chapter;

(6)

Minimum floor area. Minimum floor area per dwelling unit in the SF-E district is as follows per dwelling unit: 3,500 square feet. Minimum dwelling unit areas specified shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings;

(7)

Minimum exterior construction standards. Minimum exterior construction standards in the SF-E district are as follows:

Masonry: See section 74-293(c)(10)a ;

Roof pitch: See section 74-293(c)(10)f.5;

Roofing systems: See section 74-293(c)(10)f;

Chimney design: See section 52-2;

(8)

Mailboxes. Standards for mailboxes in the in the SF-E district are as follows: See section 52-23;

(9)

Accessory buildings. Accessory buildings in the SF-E district are as follows: See section 52-24;

(10)

Driveways. Driveway standards in the SF-E district are as follows:

In SF-E districts, circle driveways are permitted with front yard setbacks of 25 feet or more and where the driveway is a minimum of ten feet from the front door;

All other driveway requirements are found in section 52-25;

(11)

Sidewalks. Sidewalk standards in the SF-E district are as follows: See section 52-26;

(12)

Lighting. Lighting standards in the SF-E district are as follows: See section 56-60(s);

(13)

Special requirements. Special requirements in the SF-E district are as follows: See section 52-27;

(14)

Other regulations. Other regulations in the SF-E district are as follows: As established by articles XIII, XIV, and XV of this chapter and subdivision regulations in chapter 72.

(c)

SF-1 Single-Family Residential-1 District.

(1)

General purpose and description. The SF-1 Single-Family Residential-1 District is intended to provide for development and be composed of primarily low-density single-family detached dwellings on lots that are not less than 20,000 square feet in size. Areas zoned for the SF-1 district shall have, or shall make provision for, city water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts;

(2)

Permitted uses. Those uses listed for the SF-1 district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the SF-1 district are as follows:

2½ stories, or 35 feet for the main building/house;

15 feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.;

Other requirements (see section 74-418(i));

(4)

Area regulations. Area regulations for the SF-1 district are as follows:

Size of lots:

Minimum lot area: 20,000 square feet; maximum density two dwelling units per acre;

Minimum lot width: 125 feet;

Minimum lot depth: 140 feet;

Size of yards:

Minimum front yard: 35 feet;

Minimum side yard: 15 feet; 25 feet from a street right-of-way line for a corner lot;

Minimum rear yard: 30 feet;

Maximum lot coverage: 35 percent for the main building; 50 percent for the main building and any accessory buildings, driveways and parking areas combined;

Minimum lot access: No lot shall have less than 35 feet access measured at the right-of-way line;

(5)

Parking regulations. Parking regulations in the SF-1 district are as follows:

Single-family dwelling unit: A minimum of two enclosed, attached parking spaces no less than 24 feet by 24 feet, on the same lot as the main structure, plus two additional parking spaces on a paved driveway having a minimum length of 30 feet as measured from ten feet interior of any paved or improved public surface (i.e., roadway, sidewalk);

Other: See article XIV of this chapter;

(6)

Minimum floor area. Minimum floor area per dwelling unit in the SF-1 district is as follows per dwelling unit: 2,700 square feet. Minimum dwelling unit areas specified shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings;

(7)

Minimum exterior construction standards. Minimum exterior construction standards in the SF-1 district are as follows:

Masonry: See section 74-293(c)(10)a ;

Roof pitch: See section 74-293(c)(10)f.5;

Roofing systems: See section 74-293(c)(10)f;

Chimney design: See section 52-2;

(8)

Mailboxes. Standards for mailboxes in the in the SF-1 district are as follows: See section 52-23;

(9)

Accessory buildings. Accessory buildings in the SF-1 district are as follows: See section 52-24;

(10)

Driveways. Driveway standards in the SF-1 district are as follows: See section 52-25;

(11)

Sidewalks. Sidewalk standards in the SF-1 district are as follows: See section 52-26;

(12)

Lighting. Lighting standards in the SF-1 district are as follows: See section 56-60(s);

(13)

Special requirements. Special requirements in the SF-1 district are as follows: See section 52-27;

(14)

Other regulations. Other regulations in the SF-1 district are as follows: As established by articles XIII, XIV, and XV of this chapter and subdivision regulations in chapter 72.

(d)

SF-2 Single-Family Residential-2 District.

(1)

General purpose and description. The SF-2 Single-Family Residential-2 District is intended to provide for development and be composed of low-density single-family detached dwellings on lots that are not less than 12,000 square feet in size. Areas zoned for the SF-2 district shall have or shall make provision for city water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts;

(2)

Permitted uses. Those uses listed for the SF-2 district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the SF-2 district are as follows:

2½ stories, or 35 feet for the main building/house;

15 feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.;

Other requirements (see section 74-418(i));

(4)

Area regulations. Area regulations for the SF-2 district are as follows:

Size of lots:

Minimum lot area: 12,000 square feet; also, the minimum average lot area shall be 13,500 square feet in order to provide diversity in lot sizes within each SF-2 neighborhood; maximum density three dwelling units per acre;

Minimum lot width: 85 feet;

Minimum lot depth: 120 feet;

Size of yards:

Minimum front yard: 30 feet;

Minimum side yard: ten feet for interior side yard; 25 feet from a street right-of-way line for a corner lot;

Minimum rear yard: 20 feet;

Maximum lot coverage: 35 percent for the main building; 50 percent for the main building and any accessory buildings, driveways and parking areas combined;

Minimum lot access: No lot shall have less than 35 feet access measured at the right-of-way line;

(5)

Parking regulations. Parking regulations in the SF-2 district are as follows:

Single-family dwelling unit: A minimum of two enclosed parking spaces no less than 24 feet by 24 feet, on the same lot as the main structure, plus two additional parking spaces on a paved driveway having a minimum length of 30 feet as measured from ten feet interior of any paved or improved public surface (i.e., roadway, sidewalk);

Other: See article XIV of this chapter;

(6)

Minimum floor area. Minimum floor area per dwelling unit in the SF-2 district is as follows per dwelling unit: 2,000 square feet; also, the minimum average floor area shall be 2,200 square feet in order to provide diversity in house sizes within each SF-2 neighborhood;

(7)

Minimum exterior construction standards. Minimum exterior construction standards in the SF-2 district are as follows:

Masonry: See section 74-293(c)(10)a ;

Roof pitch: See section 74-293(c)(10)f.5;

Roofing systems: See section 74-293(c)(10)f;

Chimney design: See section 52-2;

(8)

Mailboxes. Standards for mailboxes in the in the SF-2 district are as follows: See section 52-23;

(9)

Accessory buildings. Accessory buildings in the SF-2 district are as follows: See section 52-24;

(10)

Driveways. Driveway standards in the SF-2 district are as follows: See section 52-25;

(11)

Sidewalks. Sidewalk standards in the SF-2 district are as follows: See section 52-26;

(12)

Lighting. Lighting standards in the SF-2 district are as follows: See section 56-60(s);

(13)

Special requirements. Special requirements in the SF-2 district are as follows: See section 52-27;

(14)

Other regulations. Other regulations in the SF-2 district are as follows: As established by articles XIII, XIV, and XV of this chapter and subdivision regulations in chapter 72.

(e)

SF-3 Single-Family Residential-3 District.

(1)

General purpose and description. The SF-3 Single-Family Residential-3 District is intended to provide for development of and be composed of primarily single-family detached dwellings on smaller and more compact lots of not less than 9,000 square feet. Areas zoned for the SF-3 district shall have, or shall make provision for, city water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts;

(2)

Permitted uses. Those uses listed for the SF-3 district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the SF-3 district are as follows:

2½ stories, or 35 feet for the main building/house;

15 feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.;

Other requirements (see section 74-418(i));

(4)

Area regulations. Area regulations for the SF-3 district are as follows:

Size of lots:

Minimum lot area: 9,000 square feet; also, the minimum average lot area shall be 11,000 square feet in order to provide diversity in lot sizes within each SF-3 neighborhood; maximum density 3½ dwelling units per acre;

Minimum lot width: 70 feet;

Minimum lot depth: 120 feet;

Size of yards:

Minimum front yard: 30 feet;

Minimum side yard: eight feet for interior side yard; 15 feet for a corner lot on a residential or collector street; 25 feet for a corner lot on an arterial street;

Minimum rear yard: 20 feet;

Maximum lot coverage: 40 percent for the main building; 60 percent for the main building and any accessory buildings, driveways and parking areas combined;

Minimum lot access: No lot shall have less than 35 feet access measured at the right-of-way line;

(5)

Parking regulations. Parking regulations in the SF-3 district are as follows:

Other: See article XIV of this chapter;

(6)

Minimum floor area. Minimum floor area per dwelling unit in the SF-3 district is as follows per dwelling unit: 1,750 square feet; also, the minimum average floor area shall be 1,850 square feet in order to provide diversity in house sizes within each SF-3 neighborhood;

(7)

Minimum exterior construction standards. Minimum exterior construction standards in the SF-3 district are as follows:

Masonry: See section 74-293(c)(10)a ;

Roof pitch: See section 74-293(c)(10)f.5;

Roofing systems: See section 74-293(c)(10)f;

Chimney design: See section 52-2;

(8)

Mailboxes. Standards for mailboxes in the in the SF-3 district are as follows: See section 52-23;

(9)

Accessory buildings. Accessory buildings in the SF-3 district are as follows: See section 52-24;

(10)

Driveways. Driveway standards in the SF-3 district are as follows: See section 52-25;

(11)

Sidewalks. Sidewalk standards in the SF-3 district are as follows: See section 52-26;

(12)

Lighting. Lighting standards in the SF-3 district are as follows: See section 56-60(s);

(13)

Special requirements. Special requirements in the SF-3 district are as follows: See section 52-27;

(14)

Other regulations. Other regulations in the SF-3 district are as follows: As established by articles XIII, XIV, and XV of this chapter and subdivision regulations in chapter 72.

(f)

O Office District.

(1)

General purpose and description. The O Office District is established to provide an appropriate setting for low intensity office and professional uses, such as for the use of land on which two-story garden office buildings can be constructed. The O district can be used as a transition district between residential uses and more intense uses, and, with appropriate buffers and landscaping, this district may be located in close proximity to residential districts. Permitted uses should be compatible with adjacent residential areas by limiting heights to one or two stories and shall not include uses that create excessive amounts of traffic, noise, trash or late-night business operations. Traffic generated by uses in this district shall not be designed or encouraged to travel through residential areas. Adaptive reuse of existing structures is encouraged. Buildings in this district should be compatible and similar in scale with residential uses and adjacent property;

(2)

Permitted uses. Those uses listed for the O district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the O district are as follows:

Two stories or 35 feet for the main buildings;

One story for accessory buildings;

Other (see section 74-418(i));

(4)

Area regulations. Area regulations for the O district are as follows:

Size of lots:

Minimum lot area: 6,000 square feet; 12,000 square feet on Interstate 35 and other regional thoroughfare frontage;

Minimum lot width: 60 feet, except 120 feet along Interstate 35 and other regional thoroughfare frontage;

Minimum lot depth: 100 feet;

Size of yards:

Minimum front yard: 30 feet from ultimate right-of-way line of roadway; 50 feet from ultimate right-of-way line on Interstate 35 and other regional thoroughfare frontage; all yards adjacent to a street shall be considered a front yard (see section 74-418(5) for additional setback requirements);

Minimum side and rear yard: 20 feet, plus one foot for every foot in height over 15 feet adjacent to a residentially zoned or use of property (see below);

Interior side yards: The interior side yard setback between two nonresidential buildings may be reduced to zero feet where the two buildings share a common interior lot line, where construction of a party wall in accordance with the city's building codes is used, and when approved by the city council on the site plan following a favorable recommendation by the planning and zoning commission. When such a reduced side yard setback is utilized, the equivalent open space and landscape plantings and buffers that are normally required along a shared side property boundary shall be provided elsewhere on each respective affected lot (i.e., shall not be waived, just provided somewhere else). Approval of a site plan that shows such a reduced zero-foot side yard setback between two nonresidential buildings shall be discretionary in nature and shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the proposed construction with respect to adjacent land uses and structures;

Maximum lot coverage: 50 percent, including main and accessory buildings; maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.);

Minimum lot access: No lot shall have less than 35 feet access measured at the right-of-way line;

Maximum floor area ratio (FAR): 1:1;

Maximum building size: The maximum building footprint (first floor) area of a structure shall be determined and limited by applying the lot's size, minimum building setbacks, maximum of 50 percent lot coverage, minimum parking requirement, minimum landscaping percentage and areas, and other pertinent development requirements.

(5)

Parking requirements. Parking requirements in the O district are as follows: As established by article XIV of this chapter;

(6)

Building material. Building material standards in the O district are as follows: See section 52-24;

(7)

Special district requirements. Special district requirements in the O district are as follows:

Driveway spacing: See section 52-58;

Swimming pools: See section 52-60;

Lighting: See section 52-24;

Site plan review: See section 52-61;

Landscaping requirements: See chapter 58;

Screening requirements: See chapter 58;

Long-term or permanent open storage and temporary or permanent outside display of merchandise and seasonal items are prohibited;

(8)

Building façade plans (elevations). Building façade plans in the O district are as follows: See section 52-62;

(9)

Specific on-site storage. Specific on-site storage in the O district is prohibited as follows: See section 52-63;

(10)

Signs. Sign standards in the O district are as follows: See chapter 66;

(11)

Other regulations. Other regulations in the O district are as follows: See articles XIII, XIV, and XV of this chapter and standards established in the subdivision regulations in chapter 72.

(g)

NS Neighborhood Service District.

(1)

General purpose and description. The NS Neighborhood Service District provides a district for retail use which provides limited local neighborhood, low intensity retail and service facilities for the retail sales of goods and services to surrounding residential uses. These shopping areas shall utilize established landscape and buffering requirements. The NS district should be located along or at the intersection of major collectors or thoroughfares to accommodate higher traffic volumes, but it can also act as a buffer against residential areas;

(2)

Permitted uses. Those uses listed for the NS district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the NS district are as follows:

Two stories or 35 feet for the main buildings;

One story for accessory buildings;

Other (section 74-418(i));

(4)

Area regulations. Area regulations for the NS district are as follows:

Size of lot:

Minimum lot area: 10,000 square feet, or a minimum of 6,000 square feet on a collector or local/residential street with a specific use permit;

Minimum lot width: 60 feet;

Minimum lot depth: 100 feet;

Size of yards:

Minimum front yard: 30 feet from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see section 74-418(5) for additional setback requirements);

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned or use of property (see subsection (g)(4)b.3 of this section);

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional one feet for every one foot (or fraction thereof) above one story in height;

The interior side yard setback between two nonresidential buildings may be reduced to zero feet where the two buildings share a common interior lot line, where construction of a party wall in accordance with the city's building codes is used, and when approved by the city council on the site plan following a favorable recommendation by the planning and zoning commission. Where such a reduced side yard setback is utilized, the equivalent open space and landscape plantings and buffers that are normally required along a shared side property boundary shall be provided elsewhere on each respective affected lot (i.e., shall not be waived, just provided somewhere else). Approval of a site plan that shows such a reduced zero-foot side yard setback between two nonresidential buildings shall be discretionary in nature and shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the proposed construction with respect to adjacent land uses and structures;

Maximum lot coverage: 50 percent, including main and accessory buildings; maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.);

Maximum floor area ratio (FAR): 0.5:1;

(5)

Parking requirements. Parking requirements in the NS district are as follows: As established by section XIV of this chapter;

(6)

Building material. Building material standards in the NS district are as follows: See section 52-24;

(7)

Special requirements. Special requirements in the NS district are as follows:

Driveway spacing: See section 52-58;

Lighting: See section 52-24;

Site plan review: See section 52-61;

Landscaping requirements: See chapter 58;

Screening requirements: See chapter 58;

Temporary outside display: Temporary (i.e., not long-term or permanent) outside display of seasonal items (e.g., Christmas trees, pumpkins, landscape vegetation, etc.) shall be allowed, but limited to, the following:

A permit from the city is required for each seasonal display;

The display in any of the parking spaces that are required by this chapter for the primary uses of the property is prohibited. Additional parking spaces or improved surface, constructed for the purpose of temporary outside display, shall be specifically identified on the required site plan and shall be clearly and distinctively marked (i.e., different paint color) as a designated display area;

Temporary outside display located in the designated parking spaces shall be surrounded by a temporary fence (i.e., materials such as wood and cinder block);

Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on site or off site, in any way;

At no time shall public rights-of-way, pedestrian walkways or adjacent properties be obstructed by display merchandise;

All merchandise shall be displayed in an orderly manner, and the display area shall be maintained in a clean, litter-free manner;

Long-term or permanent open storage: Long-term or permanent open storage is prohibited;

(8)

Building façade plans (elevations). Building façade plans (elevations) in the NS district are as follows: See section 52-62;

(9)

Specific on-site storage. Specific on-site storage in the NS district is prohibited as follows: See section 52-63;

(10)

Signs. Sign standards in the NS district are as follows: See chapter 66;

(11)

Other regulations. Other regulations in the NS district are as follows: See articles XIII, XIV, and XV of this chapter and standards established in the subdivision regulations in chapter 72.

(h)

R Retail District.

(1)

General purpose and description. The R Retail District is established to provide for retail areas and service facilities serving a neighborhood or several neighborhoods and designed as a retail center. These shopping areas should utilize established landscape and buffering requirements. The retail district should be located along or at the intersection of major collectors or thoroughfares to accommodate higher traffic volumes;

(2)

Permitted uses. Those uses listed for the R district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the R district are as follows:

Two stories or 35 feet for the main buildings;

One story for accessory buildings;

Other (section 74-418(i));

(4)

Area regulations. Area regulations for the R district are as follows:

Size of lot:

Minimum lot area: 43,560 square feet or one acre, or a minimum of 10,000 square feet on a collector or local/residential street only with a specific use permit;

Minimum lot width: 100 feet, except 150 feet along Interstate 35 or other regional major thoroughfare frontage;

Minimum lot depth: 100 feet;

Size of yards:

Minimum front yard: 30 feet from ultimate right-of-way line of roadway on all roadways; all yards adjacent to a street shall be considered a front yard (see section 74-418(5) for additional setback requirements);

Minimum side and rear yard: 20 feet unless adjacent to a residentially zoned or use of property;

Minimum side or rear yard adjacent to a residential district: 25 feet for one-story building, and an additional one foot for every one foot (or fraction thereof) above one story in height;

Interior side yards: The interior side yard setback between two nonresidential buildings may be reduced to zero feet where the two buildings share a common interior lot line, where construction of a party wall in accordance with the city's building codes is used, and when approved by the city council on the site plan following a favorable recommendation by the planning and zoning commission. Where such a reduced side yard setback is utilized, the equivalent open space and landscape plantings and buffers that are normally required along a shared side property boundary shall be provided elsewhere on each respective affected lot (i.e., shall not be waived, just provided somewhere else). Approval of a site plan that shows such a reduced zero-foot side yard setback between two nonresidential buildings shall be discretionary in nature and shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the proposed construction with respect to adjacent land uses and structures;

Maximum lot coverage: 50 percent, including main and accessory buildings; maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.);

Maximum floor area ratio (FAR): 1:1;

(5)

Parking requirements. Parking requirements in the R district are as follows: As established by section XIV of this chapter;

(6)

Building materials. Building materials in the R district are as follows: See section 52-24;

(7)

Special requirements. Special requirements in the R district are as follows:

Driveway spacing: See section 52-58;

Lighting: See section 52-24;

Site plan review: See section 52-61;

Landscaping requirements: See chapter 58;

Screening requirements: See chapter 58;

A permit from the city is required for each seasonal display;

Displays in any of the parking spaces that are required by this chapter for the primary uses of the property is prohibited. Additional parking spaces or improved surface constructed for the purpose of temporary outside display shall be specifically identified on the required site plan and shall be clearly and distinctively marked (i.e., different paint color) as a designated display area;

Temporary outside displays located in the designated parking spaces shall be surrounded by a temporary fence (i.e., materials such as wood and cinder block);

Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on site or off site, in any way;

At no time shall public rights-of-way, pedestrian walkways or adjacent properties be obstructed by display merchandise;

All merchandise shall be displayed in an orderly manner, and the display area shall be maintained in a clean, litter-free manner;

Long-term or permanent outside display: Long-term or permanent outside display area shall be allowed if the following criteria are followed:

All display merchandise shall be limited to the area in front of the main building between the fire lane and the front building façade. In the event the subject project has multiple entrances (i.e., multiple front façades), only one side shall be allowed to have outside display;

The amount of display area shall not exceed 60 percent of the front façade of the main building, exclusive of doors, windows and driveways;

Display merchandise shall not encroach into the fire lane, parking lot/spaces, walkways, rights-of-way or roadways;

Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on site or off site, in any way, nor obstruct any designated fire lane;

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner;

Long-term or permanent open storage:

Long-term or permanent open display and storage shall require the application for, approval of and issuance of a specific use permit (SUP) in accordance with section 74-293(d). A maximum of five percent of the total lot area may be designated for long-term, permanent open storage and shall be screened from public view, shall not be located on top of the building. Screening for long-term, permanent open storage shall conform to the following:

(i)

Open display and storage for merchandise, such as garden supplies, landscape vegetation, lawn mowers, building materials, etc., requires an extension of the masonry wall of the front façade and, at a minimum, chain-link fencing and solar screening with masonry columns. The masonry columns shall be a minimum of 30 feet apart and are required on the sides exclusive of the front façade and the wall adjacent to the main structure. Also, the screening of chain-link fencing and solar screening is inclusive of the roof. The storage area, as an extension of the main building, is at least the same height as the product to be screened but extending no higher than the roof of the main building and constructed to one side of the main building. Solar screening shall be maintained in good condition. No tarps or other fabric-like screening shall be allowed. No merchandise from this area shall be placed outside the open storage area. The required site plan shall reflect the open storage area with a detailed description of building materials;

(ii)

In the event this open display and storage area abuts a similar nonresidential district or is not visible from any public right-of-way or the general public, the planning and zoning commission and city council, upon proper request by applicant, may consider a proposal for less screening;

Long-term, permanent open storage of shopping carts requires a designated area, identified in the required site plan, adjacent to and made a part of the main building. The designated area shall be along the front façade of the project and be screened from public view by an approved masonry wall, not to exceed four feet in height, and may include an ornamental feature reaching above the wall. The ornamental feature may take the form of a waterfall, live vegetation, lighting or other items that enhance the beauty of the main building and, for purposes of the safety of the general public, does not entirely block the view from persons inside and outside the open storage area. The designated open storage area is not to be confused with the various shopping cart cages (temporary storage) located in the parking lot for the convenience of the customers;

Additional open storage behind the main building: Open storage may also be allowed behind the main building, but in no instance shall the storage be visible from any public street or adjacent property. Screening in accordance with the provisions of article XII of this chapter is required;

(8)

Building façade plans (elevations). Building façade plans (elevations) in the R district are as follows: See section 52-62;

(9)

Specific on-site storage. Specific on-site storage in the R district is prohibited as follows: See section 52-63;

(10)

Signs. Sign standards in the R district are as follows: See chapter 66;

(11)

Other regulations. Other regulations in the R district are as follows: See articles XIII, XIV, and XV of this chapter and standards established in the subdivision regulations in chapter 72.

(i)

TC Town Center.

(1)

General purpose and description. The TC Town Center District is available only for use as a planned development district, requirements of which are set forth in subsection (i)(2) of this section, and only within the area zoned for the town center. The standards of the town center base district, as well as the permitted uses, shall remain in effect unless requested, amended and approved at the time of application. The development standards in the TC district are designed to maintain and encourage the development of a downtown area of the city in a pedestrian-friendly environment that is conducive to special events, such as sidewalk sales, street dances, festivals, and other similar events. Standards are generally intended to regulate development such that this district becomes the focal point of the city. The Town Center District is premised upon the development and promotion of a pedestrian-oriented and community-friendly area with an architectural style of the 1920s-Style Town Center (as depicted on Illustration A, attached to the ordinance from which this section is derived and made a part of this chapter by reference);

(2)

Permitted uses. Those uses listed for the TC district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the TC district are as follows:

Two stories or 35 feet for the main buildings;

One story for accessory buildings;

Other (section 74-418(i));

(4)

Area regulations. Area regulations for the TC district are as follows:

Size of lot:

Minimum lot area: none specified;

Minimum lot width: none specified;

Minimum lot depth: none specified;

Size of yards:

Minimum front yard: to accommodate sidewalks with a minimum width of eight feet from the back of the street curb to the front of the building;

Minimum side yard: zero feet if next to another town center district building, or shall match the required front yard setback if on a street or alley corner;

Minimum rear yard: 25 feet;

Maximum lot coverage: 65 percent, including main and accessory buildings;

Maximum floor area ratio (FAR): 1:1;

(5)

Design standards for the TC district. In combination with the design standards set out below, the city requires development within the TC district to meet the architectural style of 1920s-Style Town Center as depicted on Illustration A, attached to the ordinance from which this section is derived and made a part of this chapter by reference:

Building massing and scale: A building's massing is its exterior volume and its scale is the relationship of its overall size and its component parts with its adjoining buildings, spaces and people:

A building's massing shall:

(i)

Relate to its site, use and to the massing of adjacent buildings; and

(ii)

Serve to define entry points and help orient pedestrians;

The scale of individual building façade components shall relate to one another and the human scale, particularly at the street level;

Buildings or façades shall emphasize and frame or terminate important vistas;

Building rhythm: A building's rhythm is the pattern created by the regular recurrence or alteration of its constituent architectural components:

Nonresidential and mixed use buildings shall be used in the town center to the extent practicable;

Variations in the rhythms within individual building façades shall be achieved within any block of building façades;

Breaks in the predominant rhythm may also be used to reinforce changes in massing and important elements, such as building entrances or pedestrian pass-throughs;

Architectural elements: Architectural elements are the individual components of a building, including walls, doors, windows, cornices, parapets, roofs, pediments and other features. Architectural composition is the relationship between the architectural elements in an individual building. Architectural elements shall be designed to the appropriate scale and proportions of the selected architectural style (i.e., building designs based on an Art Deco style shall utilize architectural elements of a scale and proportion characteristic of that style):

Entrances: The design and location of building entrances in the TC district are important to help define the pedestrian environment and create retail- and community-friendly environments:

(i)

Entrances shall be easily identifiable as primary points of access to buildings;

(ii)

Building entrances may be defined and articulated by architectural elements, such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades and others as appropriate. All building elements should be compatible with the architectural style, materials, colors and details of the building as a whole;

(iii)

Entrances to upper-level uses may be defined and integrated into the design of the overall building façade;

Façade treatments: Façade treatments are that portion of a building's elevation façade facing any public street extending from the ground to the roof that consists of a single layer or architectural expression:

(i)

Retail ground floors shall have windows covering a minimum of 40 percent of the major street fronting façades. Other ground level uses shall have façade treatments appropriate to such uses;

(ii)

All sides of a building shall be consistent with respect to style, material, colors and details only to the extent that they establish continuity with the main street-front façade;

(iii)

On façades fronting on service or parking areas and along secondary streets, windows need not be provided at the ground floor level. However, buildings should avoid long, monotonous, uninterrupted walls. Building wall offsets, including projections, recesses, niches, fenestration, or changes of materials or color, shall be used to add architectural variety and interest, and to relieve the visual impact of a blank wall;

(iv)

Parapet and roofline offsets between façades may be provided in order to break down the scale of the block and create architectural interest and variety;

(v)

Architectural elements, such as canopies, awnings, roof and floor overhangs, and colonnades shall be provided as appropriate to protect pedestrians, help unify parts of a building or block, provide human scale, or provide a backdrop for signage and graphics;

Storefronts: Retailers located at the street level primarily use storefronts to orient and advertise merchandise to customers:

(i)

Retail buildings shall provide street-level pedestrian-oriented uses at the ground floor level;

(ii)

Storefronts on façade treatments that span multiple tenants shall use architecturally compatible materials, colors, details, awnings, signage and lighting fixtures;

Building materials: See section 52-24;

Pedestrian network and streetscape:

Pedestrian network: Sidewalks are a critical part of pedestrian connectivity in the TC district. In order to enhance the safety of the pedestrian environment, all development in the TC district shall be subject to the following:

(i)

The street network, with its adjoining sidewalks, shall function as the primary pedestrian network;

(ii)

Where necessary, mid-block pedestrian connections from the street to parking lots at the rear of the buildings shall be provided at key points;

(iii)

Pedestrian crosswalks shall be clearly designated and provided at all key street intersections;

(iv)

Sidewalks shall be constructed from the back of curb to the building front or property line;

(v)

Sidewalks shall be a minimum of eight feet measured from the back of the curb to the building façade. That portion of the sidewalk that is free of any obstructions to allow for the passage of pedestrians shall be a minimum of six feet;

Streetscape treatment: The following guidelines for streetscape standards are provided in order to create an attractive and animated sidewalk environment; the developer shall propose a well-designed and unified streetscape plan for key streets in the TC district:

(i)

Street trees shall be selected and placed with the approval of the city at the time of site plan submittal, review and consideration;

(ii)

Street trees shall be planted in accordance with the landscape plan proposed by the developer and approved by city council;

(iii)

Street furnishings shall be installed in accordance with a streetscape plan proposed by the developer and approved by city council. Street furnishings may include planting strips, raised planters, trash receptacles, streetlight standards, street signs, way-finding signs, media boxes, seating, public art, water features, fire hydrants, etc.;

(iv)

Street furnishings shall be constructed of a long-life, low-maintenance material and shall be the responsibility of the owner;

(6)

Parking requirements. Parking requirements in the TC district are as follows: One space per 100 square feet of gross floor area, and each use shall provide a minimum of four spaces. On-street parking (parallel or head-in) shall be permitted in this district. Parking shall not be located and designed in such a manner to discourage or conflict with pedestrians. For any use which cannot provide off-street parking due to the size or location of the lot, such parking may be provided on other property not more than 200 feet from the site, in accordance with article XIV of this chapter. In cases where the parking requirement cannot be achieved, up to 25 percent of the parking requirement may be waived by the city council on the site plan, or may be provided as head-in parking spaces or off site with city council approval on the site plan for such an alternative arrangement;

(7)

Special requirements. Special requirements in the TC district are as follows:

Driveway spacing: See section 52-58;

Site plan review:

Public hearing, review and approval of a site plan by the planning and zoning commission and the city council (in accordance with section 74-259(c)) shall be required for site development and construction of any structure within the TC district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city council;

For site development and construction, building façade (i.e., elevation) plans shall be submitted for review and approval along with the site plan. Façade plans shall clearly show how the buildings will look, especially as viewed from the roads upon which the property faces or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. Architectural style and scale of buildings within the TC district shall be compatible with the styles and scale of other adjacent buildings to create and preserve the unique character of the downtown area;

The city manager or designee may, as the city manager deems appropriate, require submission of additional information and materials (possibly actual samples of materials to be used) during the site plan review process;

A public hearing is required by the planning and zoning commission and the city council for all site plans within the TC district. Development standards for all uses in the TC district shall be established on the site plan and all supporting information will be required at the time of approval;

Utilities: All utility lines to business establishments shall be placed underground;

Landscaping requirements: See chapter 58;

Screening requirements: See chapter 58;

Lighting: See section 52-24;

Temporary outside display: Temporary (i.e., not long-term or permanent) outside display of seasonal items (e.g., Christmas trees, pumpkins, live vegetation etc.) shall be allowed, but limited to, the following:

A permit from the city is required for each seasonal display;

Display merchandise may be placed/located at the front façade of the main building but, at no time, shall display merchandise inhibit pedestrian traffic on the sidewalks, be located in required parking spaces, restrict rights-of-way, or obstruct adjacent properties;

Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on site or off site, in any way (i.e., sidewalk sales cannot block the sidewalk or extend out into the street);

Merchandise shall only be located in front of the property/business that is selling the items;

All outside display items shall be removed at the end of business each day (except for large seasonal items, such as Christmas trees);

All merchandise shall be displayed in an orderly manner, and the display area shall be maintained in a clean, litter-free manner;

Long-term and permanent open storage: Long-term and permanent open storage is prohibited in the TC district;

(8)

Building façade plans (elevations). Building façade plans (elevations) in the TC district are as follows: See section 52-62;

(9)

Specific on-site storage. Specific on-site storage in the TC district is prohibited as follows: See section 52-63;

(10)

Other regulations. Other regulations in the TC district are as follows: See articles XIII, XIV, and XV of this chapter and standards established in the subdivision regulations in chapter 72.

(j)

C Commercial District.

(1)

General purpose and description. The C Commercial District is intended to provide a location for commercial and service-related establishments, such as wholesale product sales, welding/contractor shops, automotive repair services, upholstery shops, region-serving shopping centers with large-scale anchor businesses, and other similar higher intensity retail and commercial uses. Uses in this district may utilize open storage areas that are screened from public view (see chapter 58). Some light manufacturing may also be allowed with certain conditions. The uses envisioned for the district will typically utilize smaller sites and have operation characteristics that are generally not compatible with residential uses and some nonresidential uses. Convenient access to thoroughfares and collector streets shall also be a primary consideration;

(2)

Permitted uses. Those uses listed for the C district in section 74-352 as "X" (permitted) or "S" (specific use permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in section 74-293(d);

(3)

Maximum height. Maximum height standards for the C district are as follows:

Two stories or 35 feet for the main buildings;

One story for accessory buildings;

Other (section 74-418(i));

(4)

Area regulations. Area regulations for the C district are as follows:

Size of lot:

Minimum lot area: one-half acre (21,780 square feet);

Minimum lot width: 120 feet;

Minimum lot depth: 175 feet;

Size of yards:

Minimum front yard: 60 feet from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see section 74-418(5) for additional setback requirements);

Minimum side and rear yard: 20 feet unless adjacent to a residentially zoned or use of property (see subsection (j)(4)b.3 of this section);

Minimum side or rear yard adjacent to a residential district: 20 feet for a one-story building, and an additional one foot for every one foot (or fraction thereof) above one story in height;

Interior side yards: The interior side yard setback between two nonresidential buildings may be reduced to zero feet where the two buildings share a common interior lot line, where construction of a party wall in accordance with the city's building codes is used, and when approved by the city council on the site plan following a favorable recommendation by the planning and zoning commission. Where such a reduced side yard setback is utilized, the equivalent open space and landscape plantings and buffers that are normally required along a shared side property boundary shall be provided elsewhere on each respective affected lot (i.e., shall not be waived, just provided somewhere else). Approval of a site plan that shows such a reduced zero-foot side yard setback between two nonresidential buildings shall be discretionary in nature and shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the proposed construction with respect to adjacent land uses and structures;

Maximum lot coverage: 50 percent, including main and accessory buildings; maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.);

Minimum lot access: No lot shall have less than 35 feet access measured at the right-of-way;

Maximum floor area ratio (FAR): 0.5:1;

Minimum building size: The maximum building footprint (first floor) area of a structure shall be determined and limited by applying the lot's size minimum building setbacks, maximum of 50 percent lot coverage, minimum parking requirement, minimum landscaping percentage and areas, and other pertinent development requirements;

(5)

Parking requirements. Parking requirements in the C district are as follows: As established by article XIV of this chapter;

(6)

Building materials. Building material standards in the C district are as follows: See section 52-24;

(7)

Special requirements. Special requirements in the C district are as follows:

Driveway spacing: See section 52-58;

Lighting: See section 52-24;

Site plan review: See section 52-61;

Landscaping requirements: See chapter 58;

Screening requirements: See chapter 58;

A permit from the city is required for each seasonal display;

The display in any of the parking spaces that are required by this chapter for the primary uses of the property is prohibited. Additional parking spaces or improved surface constructed for the purpose of temporary outside display shall be specifically identified on the required site plan and shall be clearly and distinctively marked (i.e., different paint color) as a designated display area;