Godley City Zoning Code

ZONING

§ 154.001 TITLE.

This subchapter shall be known as and may be cited or referred to as the Godley Zoning Code.

(Ord. 3-86, passed 6-12-1986)

§ 154.002 PURPOSES.

The purposes of the enactment of this Zoning Code are the promotion of health, safety and morals, the protection and preservation of places and areas of historical and cultural importance and significance, and protection of the general welfare of the community.

(Ord. 3-86, passed 6-12-1986)

§ 154.003 FURTHER PURPOSES AND CONSIDERATIONS.

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

(Ord. 3-86, passed 6-12-1986)

§ 154.004 DEFINITIONS.

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word LOT includes the word PLOT; the word BUILDING includes the word STRUCTURE; the words SHALL and MUST are mandatory and not directory; and the term USED FOR includes the meaning DESIGNED FOR and INTENDED FOR.

ACCESSORY BUILDING or USE. A subordinate building, a portion of the main building, or a use customarily incident to and located on the lot occupied by the main building or use of the property.

ALLEY. A public way which affords only a secondary means of access to abutting property.

APARTMENT. A room or suite of rooms within an apartment house or other multi-use building arranged, intended, designed for, or used as the place of residence of a single-family or group of individuals living together as a single housekeeping unit.

APARTMENT HOTEL. An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

APARTMENT HOUSE. A building arranged, intended, designed for or occupied by more than two families.

AREA OF LOT. The net area of the lot and shall not include portions of streets and alleys.

BASEMENT. A story one-half or more of which is located below the average ground level. A BASEMENT will not be included as a story for purposes of height measurement.

BLOCK. A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the City Engineer shall determine the outline of the block.

BOARDING HOUSE or LODGING HOUSE. A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

BUILDING. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind.

CURB LEVEL. The mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest. Where no curb has been established, the City Engineer shall authorize and approve the establishment of the curb or its equivalent.

DEPTH OF LOT. The mean horizontal distance between the front and rear lot lines.

DWELLING. Any building or portion thereof which is designed and used exclusively for residential purposes.

DWELLING, SINGLE-FAMILY. A building having accommodations for and occupied exclusively by one family.

DWELLING, TWO-FAMILY or DUPLEX. A building with accommodations for and occupied exclusively by two families.

DWELLING, MULTI-FAMILY. A building having accommodations for and occupied exclusively by more than two families.

FAMILY. Any number of individuals living together as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, hotel, fraternity or sorority house.

FRONT YARD DEPTH. The minimum horizontal distance from the front line of the building to the front street line of the lot.

FRONTAGE. All the property on one side of a street between intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.

GARAGE, PRIVATE. An accessory building or portion thereof in which privately owned motor vehicles are stored by occupants of the premises.

GARAGE, PUBLIC. Any building or premises used for the storage, care or repair of motor vehicles, which is operated for commercial purposes.

GARAGE, STORAGE. Any building or portion thereof, other than a private garage, providing storage for motor vehicles with facilities for washing, but no other service.

HEIGHT OF BUILDINGS. The vertical distance measured from the highest of the following three levels:

(1) From the street curb level;

(2) From the established or mean street grade in case the curb has not been constructed; and

(3) From the average finished ground, level adjoining the building where it sets back from the street line; to the level of the highest point of the roof beams of flat roof or roofs inclining not more than one inch to the foot, and to the mean height level of the top of the main plate and highest ridge for other roofs.

HEIGHT OF COURT or YARD. The vertical distance from the lowest level of the yard or court to the highest point of any boundary wall.

HOTEL. A building occupied or used as a more or less temporary abiding place for individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 12 sleeping rooms, and no provisions for cooking in individual rooms.

LOT. A parcel of land occupied or to be occupied by a building and its accessory buildings, and including the open spaces as are required under this chapter, and having its principal frontage upon a public street or place.

LOT, CORNER. A lot abutting upon two or more streets at their intersection. A CORNER LOT shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the City Engineer.

LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.

LOT, INTERIOR. A lot whose side lines do not abut upon any street.

LOT, THROUGH. Any interior lot having frontage on two streets.

LOT LINES. The lines abounding a lot as defined herein.

MANUFACTURED HOME. A structure constructed according to the rules of the U.S. 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, and 40 body feet or more in length, or when erected on site is 320 feet or more square feet, and which is built on a permanent chassis and is designed to be used with or without permanent foundation when connected to the required utilities, and includes plumbing, heating, air-conditioning and electrical systems.

MOBILE HOME. A structure that was constructed before June 15, 1976, 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 feet or more square feet, and which was built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and including the plumbing, heating, air-conditioning and electrical systems.

MOTEL. A group of attached, semi-detached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists, or transients, with garage attached or parking space conveniently located to each unit and offering to the public daily as well as other longer term rental rates, and maintaining a register of guests and/or their vehicles.

NONCONFORMING USE, BUILDING or YARD. One that does not, by reason of design, or use, conform to the regulations of the district in which it is situated.

PLACE. An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.

REAR LINE. The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty, the City Engineer shall determine the rear line.

REAR YARD. An open space, unoccupied (except as hereinafter provided) between the rear lot line and the rear line of the principal building and the side lot lines.

REAR YARD DEPTH. The minimum horizontal distance from the rear line of the principal building to rear lot line.

SIDE LINE. Any lot boundary line not a front or rear line thereof. A SIDE LINE may be a party lot line, a line bordering on an alley or place, or a side street line.

SIDE YARD. Any open space, unoccupied (except as hereinafter provided) between the main building and the adjacent side line of the lot, and extending through from the front yard to the rear yard.

STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the surface of the floor and the ceiling next above it.

STORY, HALF. That portion of a building having an average height of not more than eight feet and which covers a floor area of not more than 75% of the area of the floor next below.

STREET. A public thoroughfare or place which affords principal means of access to property abutting thereon.

STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

YARD. An open space of the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the horizontal distance between the lot line and the main building shall be used.

YARD, FRONT. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projection of the usual steps, unenclosed balconies or open porch. On corner lots, the FRONT YARD shall be considered as parallel to the street upon which the lot has its least dimension.

YARD, REAR. A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the REAR YARD shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the REAR YARD shall in all cases be at the opposite end of a lot from the front yard.

YARD, SIDE. A yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard line.

(Ord. 3-86, passed 6-12-1986)

§ 154.005 DISTRICTS.

(A) For the purpose of promoting health, safety, morals and the general welfare of the community by regulating and restricting the height, number of stories, size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence and other purposes; the city, is hereby divided into districts, as follows:

(1) District A1 Agricultural;

(2) District R1 Residential, Single-Family;

(3) District R2 Residential, Multi-Family;

(4) District R3 Residential, Mobile or Manufactured Homes, Mobile or Manufactured Home Parks;

(5) District CR Commercial, Retail;

(6) District CI Commercial, Industrial;

(7) District HI Heavy Industrial; and

(8) Plan Unit Development (PUD) District.

(B) The boundaries of the aforementioned districts are delineated upon the official zoning map on file in the City Secretary’s office and designated as "Zoning Map" and which map, together with all notations, references and information thereon, is hereby adopted and made a part of this subchapter as though the same were fully copied herein.

(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999)

§ 154.006 RULES FOR THE INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:

(A) Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway rights-of-way lines shall be construed to be the boundaries;

(B) Where district boundaries are so indicated that they approximately follow the lot lines, the lot lines shall be construed to be the boundaries;

(C) Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, the district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, the dimension shall be determined by the use of the scale on the zoning map;

(D) In unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map;

(E) In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the district line as shown;

(F) Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of the street, alley or public way shall be automatically extended to the center of the vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts; and

(G) Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.

(Ord. 3-86, passed 6-12-1986)

§ 154.007 ANNEXED TERRITORY.

All territory, which may hereafter be annexed to the city, shall automatically be classed as lying and being in District A1 until such classification shall have been changed by the amendment to the Zoning Ordinance, as provided by law. The City Council as soon as practicable after annexation of any territory, shall institute proceeding on its own motions to give the newly annexed territory a permanent zoning. (See § 154.008(B) below).

(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999)

§ 154.008 ZONING RESTRICTIONS.

(A) General. Except as hereinafter specifically provided:

(1) No land shall be used except for a purpose permitted in the district in which it is located;

(2) No building or land shall be used for any purpose that is not permitted in the district in which the building or land is situated;

(3) No building shall be erected, converted, enlarged, reconstructed or structurally altered until an application for a building permit is made to the City Secretary and the permit is issued, unless the building alterations shall not exceed in costs, including labor and materials or reasonable allowances therefor, the sum of $250; and

(4) Every building hereafter erected or structurally altered shall be on a lot as herein defined, and in no case shall there be more than one main building on one lot, unless otherwise provided in this chapter.

(B) District A1 Agricultural; use regulations. There exists within and on the fringes of the city land which is presently used for agricultural purposes and to which all urban services are not yet available and such land should appropriately be continued in agricultural use until needed for urban purposes in conformity with the orderly growth of the city. The A1 Agricultural District, is created to provide an appropriate zoning for those lands expected to remain in agricultural or "undeveloped" use for several years. The uses permitted in the A1 Agricultural District, include normal farming, ranching and gardening activities except for any form of animal husbandry that may be specifically prohibited by ordinance. It is anticipated that all of the A1 Agricultural District, will be changed to urban uses and other zoning categories as the area within the corporate limits becomes fully developed. Newly annexed territory is zoned as A1 Agricultural District, unless the City Council, at the time of annexation, designates other zoning categories for that area.

(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999) Penalty, see § 154.999

§ 154.009 DISTRICT R1; RESIDENTIAL SINGLE-FAMILY.

(A) Use regulations. Buildings or land, in any portion of the city may be used for any of the uses listed under this classification, but in an R1 District no building or structure shall be hereafter erected which consists of less than 1,250 square feet of floor space, exclusive of garages and out-buildings or attached garages, or structurally altered, which is arranged or designed to be used for other than one or more of the following uses:

(1) Single-family dwellings, excluding mobile or manufactured homes;

(2) Churches or other places of worship;

(3) Colleges, universities or other institutions of higher learning;

(4) Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement;

(5) Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency;

(6) Public buildings, including libraries, museums, police and fire stations;

(7) Real estate sales offices during the development of residential subdivisions but not to exceed two years. Display residential houses with sales offices, provided that if the display houses are not moved within a period of one year, specific permission must be obtained from the City Council for display houses to remain on their locations;

(8) Schools: public, elementary, middle or high;

(9) Schools: private, with curriculum equivalent to that of a public elementary, middle or high school;

(10) Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work;

(11) Water supply reservoirs, pumping plants and towers; and/or

(12) Accessory buildings and uses, customarily incident to the above uses located on the same lot therewith, not involving the conduct of a retail business.

(a) The term ACCESSORY USE shall include customary home occupations such as the office of a milliner, dressmaker, musician or artist, provided that such uses are located in the dwelling used by such a person as his or her private residence, and provided that no assistant not a member of the family residing on the premises is employed, and no window display or sign is used to advertise the same.

(b) A billboard, signboard or advertising sign shall not be permitted as an incidental use, except that the placing of an unilluminated "For Sale" or "For Rent" sign not more than eight square feet in area may be permitted as an accessory use, and except that churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a building one unilluminated sign advertising contractors or architects on the premises shall be permitted, provided that the sign shall not be more than eight square feet in area and shall be set back of the established or customary building line, and the sign shall be removed immediately upon completion of the building.

(c) A private garage, with or without storeroom and/or utility room, shall be permitted as an accessory building, provided that the garage shall be located not less than 50 feet from the front lot line nor less than five feet from any side or rear lot and in the case of corner lots not less than the distance required for residences from side streets. A garage or servants’ quarters constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(B) Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 154.018 below.

(C) Area regulations. Lot area regulations and set back requirements shall be provided in accordance with the requirements set forth in §§ 154.040 through 154.059 below.

(D) Pre-existing mobile or manufactured homes. Mobile or manufactured homes situated within the R1 District on the effective date of this subchapter may be replaced, renovated or remodeled with manufactured homes on a permanent foundation of more than 1,250 square feet of living space.

(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999)

§ 154.010 DISTRICT R2; RESIDENTIAL MULTI-FAMILY.

(A) Use regulations. Buildings or land may be used for any of the uses listed under this classification, but in an R2 District no building or structure shall be hereafter erected, or structurally altered, which consists of less than 1,250 square feet of floor space, exclusive of garages and out-buildings or attached garages, which is arranged or designed to be used for other than one or more of the following uses:

(1) Any use permitted in District R1;

(2) Two-family dwelling-duplexes, with the minimum of 800 square feet of floor space in each family dwelling;

(3) Multi-family dwellings, including apartment houses and group houses, with a minimum of 800 square feet of living space per dwelling unit (or apartment);

(4) Play schools or day nurseries, when enrolling fewer than five pupils;

(5) Parking automobile areas, as accessory use only;

(6) Telephone exchanges (no business office);

(7) Water supply reservoirs and towers, gas and electric public utility regulator stations, but the size, heights and location of the stations to be fixed by the City Council;

(8) Institutions of a religious, educational, charitable or philanthropic nature, but not penal or mental institutions; and

(9) Accessory buildings and uses, customarily incident to the above uses located on the same lot therewith, not involving the conduct of a retail business.

(a) The term ACCESSORY USE shall include customary home occupations such as the office of a milliner, dressmaker, musician or artist, provided that the uses are located in the dwelling used by such a person as his or her private residence, and provided that no assistant not a member of the family residing on the premises is employed, and no window display or sign is used to advertise the same.

(c) A private garage, with or without storeroom and/or utility room, shall be permitted as an accessory building, provided that the garage shall be located not less than 60 feet from the front lot line nor less than five feet from any side or rear lot and in the case of corner lots not less than the distance required for residences from side streets. A garage or servants’ quarters constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(B) Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 154.018 below.

(C) Area regulations. Lot area regulations and set back requirements shall be provided in accordance with the requirements set forth in §§ 154.040 through 154.059 below.

(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998; Ord. 7-1-99, passed 7-1-1999)

§ 154.011 DISTRICT R3; MOBILE OR MANUFACTURED HOMES, MOBILE OR MANUFACTURED HOME PARKS.

(A) Use regulations. Any use permitted in District R1 or R2.

(1) Certain manufactured homes situated on a permanent foundation with a minimum of 750 square feet of living space upon obtaining an indefinite special use permit to locate one such special manufactured home on an "R3" residential lot in conformity with §§ 154.040 through 154.059 below, in lieu of the single-family dwelling and further conforming to the regulations for permanent manufactured home set out in the ordinances of the city. Special use permits shall be requested by application to the City Secretary who shall submit the request to the City Council as provided by § 154.020 below.

(2) Mobile or manufactured homes located in mobile or manufactured home parks conforming to the regulations set forth in the ordinances of the city.

(B) Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 154.018 below.

(C) Area regulations. Lot area regulations and set back requirements shall be provided in accordance with the requirements set forth in §§ 154.040 through 154.059 below.

(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)

§ 154.012 DISTRICT CR; COMMERCIAL RETAIL.

(A) Use regulations. Residential usage is limited to living quarters or apartment as part of the business, not detached; and only if authorized by the City Council. In District CR, no building, structure or land shall be used and no building or structure shall hereafter be erected, or structurally arranged or designed to be used for other than one or more of the following uses:

(1) Automobile parking lots (not storage), automobile and trailer display and sales (new or used);

(2) Bakeries, banks, barber shops, beauty shops, billboards and advertising signs, boarding and lodging houses, bowling alleys, building materials, lumber yards (provided not more than 20% of the area of the lot is used for the open storage of products, material or equipment); bus terminals, business offices and office buildings, business or commercial schools;

(3) Camera stores, candy manufacturing for retail sales on premises only, canvas awning, Venetian blinds or shade shops, car washes, cleaning, pressing and laundry establishments;

(4) Day nurseries and play schools, properly licensed by the state, and enrolling more than five students, and drug stores;

(5) Electric appliance repair and sales;

(6) Feed and seed stores, retail, (provided that not more than 20% of the lot area is used for the open storage of products, materials or equipment); florist shops or greenhouses;

(7) Grocery stores, retail;

(8) Hospitals, clinics and sanitariums, (except a criminal, mental or large animal hospital); hotels and motels;

(9) Jewelry manufacturing for retail sales on premises only;

(10) Laundries, self-service;

(11) Miniature golf courses, mini-warehouses, mortuaries;

(12) Nursing and convalescent homes;

(13) Office and office complexes for professionals, such as physicians, dentists and the like;

(14) Pet shops; photographic shops, public utilities substations;

(15) Radio shops or studios, restaurants, cafés and cafeterias; retail stores, shopping centers, automobile and truck repair garages, tire stores for sale, mounting and repair of tires, shops, stores and markets for retail business, provided that the use is not noxious nor offensive by reason of vibrations, noise, nor the emission of odors, smoke or gas;

(16) Second hand furniture stores, shops for custom work or for making articles to be sold at retail on the premises (including cabinet shops with retail sales on site), small animal hospitals;

(17) Taxi stands, theaters, except open air (drive in);

(18) Upholstering shops, not involving furniture manufacturing; and

(19) Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, smoke, dust, noise, vibration or similar nuisance.

(B) Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 154.018 below.

(C) Area regulations. Lot area regulations and set back requirements shall be provided in accordance with the requirements set forth in §§ 154.040 through 154.059 below.

(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999; Ord. 5-6-04, passed 5-6-2004)

§ 154.013 DISTRICT CI; COMMERCIAL INDUSTRIAL.

(A) District CI, Commercial Industrial.

(1) Use regulations. All current uses in a CI District may continue. Light industrial assuages that do not produce off site noise, light, vibrations, dust or odors. In District CI, no building, structure or land shall be used and no building or structure shall hereafter be erected, or structurally arranged or designed to be used for other than one or more of the following uses:

(a) Apparel and other products assembled from finished textiles, and artificial flavor manufacture;

(b) Bag cleaning, billboard or advertising signs (pertaining to business conducted on site); blacksmith and machine shops, book binding, bottling works, brewery, broom factory, building materials, sand, gravel and machinery supply storage or sale yards;

(c) Cement warehouses and storage, cheese factory clothing manufacture, commercial amusement park, contractor’s offices and storage yards, cosmetic manufacture, cotton gins, compresses and oil mills;

(d) Dance halls, dirt contractors, dry goods (wholesale and storage), drug manufacturing, dye stuff manufacture, and dyeing;

(e) Electrical sign manufacturing, electronic products assembly, engraving and blue printing shops, envelope and stationery manufacture;

(f) Feed mills (manufacturing and wholesale); food canning, food processing or food preserving; freight, carting, express, hauling or storage yards, freight depots or garages; furniture and office equipment manufacture;

(g) Mini-warehouses;

(h) Heavy trucks and dirt moving equipment repairs, household appliance assembly and manufactured household goods storage and other storage warehouses;

(i) Ice cream and milk, processing and distribution centers, ice plants and ice storage houses;

(j) Grain elevators;

(k) Livestock auction sales, barns and temporary concentration, shipping, loading and unloading facilities;

(l) Manufacturing plants including the processing or assembling of parts or production of finished equipment where the process of manufacture or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted; mattress renovation and manufacture, motorcycle and scooter repairing, motor freight terminal, musical instruments assembly and manufacture;

(m) Optical goods manufacture;

(n) Paint shops, painting and body shops, paper box manufacture, penal or correctional institutions; petroleum products, refineries and wholesale bulk storage, pickle manufacture, pharmaceutical products manufacturing, planning mills and wooden box manufacture, plastic, celluloid and similar cellulose material manufacture and processing, plumbing shops, printing, publishing and engraving;

(o) Quick freeze locker service;

(p) Railroad roundhouses, shops and yards, refrigerator manufacture, riding academy or livery stables;

(q) Sheet metal shops, shoe polish manufacture, sporting and athletic equipment manufacture, stone cutting and monument works, stone mills or quarries, storage warehouses, storage yards, stove polish manufacture;

(r) Testing and research laboratories, trade schools-mechanical or agricultural, trucking contractors;

(s) Well servicing, woodwork and cabinet making; and

(t) Veterinary or small animal hospitals.

(2) Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 154.018 below.

(3) Area regulations. Lot area regulations and set back requirements shall be provided in accordance with the requirements set forth in §§ 154.040 through 154.059.

(B) District HI, Heavy Industrial; use regulations. In District HI, no building, structure or land shall be used and no building or structure shall hereafter be erected, or structurally arranged or designed to be used for other than one or more of the following uses: This district is for those industries that produce loud noises, vibrations, light, dust, odors and other conditions that make this use incompatible with residential and commercial uses. The following are authorized in this district: alcohol manufacture, agricultural implements manufacture, automobile wrecking yards, blast furnaces, boiler works, brick, tile, pottery or terra cotta manufacture, cereal mills, automobile wrecking yards, chicken hatcheries, coal, coke and wood yards, including coal hoists, coal pockets or coal tar trestles, cooperage works, disinfectants and insecticides manufacture, emery cloth and sand paper manufacture, fishsmoking and curing, foundries-iron, steel, brass or copper; fur goods manufacture including tanning or dyeing: galvanizing, glass manufacture, including glass products from previously manufactured glass; junk or salvage yards, trunk manufacture iron, steel or copper fabrication plants, iron, steel, brass or copper foundries; linoleum, vinyl or oil cloth manufacture; mini-warehouses oil or rubber goods manufacture, potash works, poultry killing, cleaning and dressing, storage of live poultry; rock crushers and asphalt plants, rock wool manufacture, rolling mills, roofing materials manufacture, soap, fertilizer and wash compound manufacture, storage or bailing of rags, iron, junk or paper; textile manufacture, tile roofing or water proof roofing manufacture, wool pulling or scouring; yeast plants.

(C) Plan Unit Development (PUD) District; use regulations. In a PUD District, no building, structure or land shall be used and no building or structure shall hereafter be erected, or structurally arranged or designed to be used for other than those authorized for this district: the Plan Unit Development District is a special area that is being developed in a manner not provided in any other district. It may vary requirements for uses, lot sizes, yards, parking and management requirements. Uses may be mixed to carry out a development plan that the City Council has authorized. In this zoning district the City Council must approve any change or deviation from the requirements of this section.

(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998; Ord. 7-1-99, passed 7-1-1999; Ord. 5-6-04, passed 5-6-2004)

§ 154.014 REGULATIONS FOR BUILDINGS AND STRUCTURES.

(A) The height of buildings in the R1 and R2 Districts shall not exceed 35 feet or two and one-half stories in height.

(B) The height of buildings in the CR District shall not exceed 75 feet and the height of buildings in the CI District shall not exceed 100 feet; but to the height permitted above four feet, may be added to the height of the building for each one foot that the building or portion thereof is set back from the required yard lines; one additional foot may be added to the height provided, however, that the cubical content of the building shall not exceed the cubical content of a prism having a base equal to the area of the lot and height of 125 feet.

(C) In the CR District, a tower may be constructed without reference to the above limitations, provided the largest horizontal dimension of any size of the tower shall not exceed 60 feet, and provided the horizontal area shall not exceed 25% of the area of the lot, and provided the tower shall be removed at least 25 feet from all lot lines and at least 50 feet from any other such tower.

(D) Chimneys, water towers, sugar refineries, monuments, cupolas, spires, domes, standpipes, false mansards, parapets walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.

(E) On through lots 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than 150 feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of more than 150 feet from that street.

(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999)

§ 154.015 YARD REGULATIONS.

(A) Front yards.

(1) In the R1 District, there shall be a front yard having a depth of not less than 25 feet from the property line to the front line of the building, covered porch, covered terrace or attached accessory building.

(2) In the R2 or R3 District, there shall be a front yard having a depth of not less than 15 feet from the property line to the front line of the building, covered porch, covered terrace or attached accessory building.

(3) In the CR and CI Districts, no front yard is required, except to comply with the off-street parking and loading regulations set out in this chapter, and unless a building is erected or structurally altered for dwelling purposes, in which event a front yard of not less than 15 feet in depth is required.

(B) Rear yards.

(1) In all districts where buildings are erected or structurally altered for dwelling purposes, there shall be a rear yard having a depth of not less than 20% of the depth of the lot, provided the rear yard need not exceed 25 feet.

(2) In the CR District, there shall be a rear yard having a depth of not less than 20% of the depth of the lot provided the rear yard need not exceed 25 feet.

(3) In the CI District, when property is not used for dwelling purposes, and when not abutting on the rear of a residential district, no rear yard is required. If abutting on the rear of a residential district or a dwelling, then a rear yard of at least ten feet is required.

(4) In computing the required depth of a rear yard for any building or such yard abutting an alley, the depth of the lot may be considered to the center of the alley and the required depth of a rear yard measured from the center of the alley.

(5) An accessory building not exceeding one story in height may occupy not more than 60% of minimum required rear yard.

(6) An accessory building exceeding one story in height may occupy not more than 40% of a minimum required rear yard.

(1) In Districts R1, R2 and CR where a building is erected or structurally altered for dwelling purposes, there shall be two side yards, one on each side of the building, having a combined width of not less than 20% of the width of the lot, provided that in no case shall either side yard be less than five feet, and provided further that the combined widths of the two side yards need not exceed 12 feet. However, in the CI and CR Districts where a building is erected or structurally altered for dwelling purposes, the building shall have side yards of not less than seven feet from the property line.

(2) In the CR District where a building is erected or structurally altered for dwelling purposes for buildings more than three stories in height, but not exceeding six stories in height, each of the two side yards shall be increased three feet in width for each additional story above the third. For buildings more than six stories, or 80 feet in height, there shall be an additional setback as provided in the height regulations above.

(3) In the CR and CI Districts, if the property is not used for dwelling purposes, no side yards are required unless a lot abuts upon the side of a lot zoned for dwelling purposes, there shall be a side yard provided for the business or industrial building, of not less than four feet.

(4) For the purpose of side yard regulations, two or more detached one- or two-family dwellings shall be considered as one building when occupying one lot, provided, however, there shall be a minimum of ten feet between the sides of the building on the same lot.

(D) General yard regulations.

(1) In the case of group houses or court apartments, when buildings rear faces upon the side yard, the width of the yard shall be increased by one foot for each building or apartment abutting thereon. If any stairways open onto or are served by the side yard, the minimum width of the side yard shall be ten feet.

(2) The width of a place or court shall not be less than 40 feet measured between buildings or from buildings to the opposite property line, provided that open or unenclosed porches may project into the required place or court not more than 20% of the width of the place or court.

(3) All other requirements including front, side and rear yards shall be complied with in accordance with the district in which the group houses or court apartments are located.

(4) Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices, provided, however, the above projections shall not extend into a court more than 24 inches nor into a minimum side yard more than 24 inches.

(5) The side and front yards requirements for dwellings shall be waived where dwellings are erected above stores or shops.

(6) On corner lots the side yard regulations shall be the same as for interior lots, except in the case of side street or reversed frontage (where the corner lot faces an intersecting street), in which case there shall also be a side yard on the street side equal to the front yard on the lots in the rear. No accessory building on the corner lot shall project beyond the front yard line on the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersection street, and of record at the time of passage of this subchapter to less than 28 feet, nor to prohibit the erection of an accessory building where the regulation cannot reasonably be complied with. In no event shall there be a corner lot with a building situated thereon which is closer than ten feet to either street.

(Ord. 3-86, passed 6-12-1986)

§ 154.016 LOT AREA REGULATIONS.

(A) In the R1 District, the minimum area of the lot shall be 7,500 square feet.

(B) In the R2 District, the minimum area of the lot shall be 7,500 square feet for a one-family dwelling, 7,500 square feet for a two-family dwelling; and for apartment houses or buildings arranged or designed for more than two families, the minimum lot area shall be 8,000 square feet, with an additional 700 square feet for each family in excess of three.

(C) On any lot held under separate distinct ownership from adjoining lots at the same time of the passage of this subchapter, such separately owned property being of record at the time a single-family dwelling may be erected even though the lot be of less area than required by the regulation to area in the district in which it is located; provided, however, that in any event the combined area of the dwelling and accessory building shall not cover more than 40% of the total area of the lot.

(D) No lot area shall be so reduced that the yards or other open spaces shall be smaller than prescribed by this subchapter, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established. Side yard area used to comply with minimum requirements of this subchapter for a building shall not be included as a part of the required areas of any other building.

(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999; Ord. 11-1-04, passed 4-7-2005)

§ 154.017 SPECIAL AREA REGULATIONS, FENCES, TREES AND SHRUBBERY.

(A) On any lot on which a front yard is required by this subchapter no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in a location within a required front yard so as to obstruct the view of the front of the dwelling from the street.

(B) Any fence, wall, hedge, shrubbery, higher than a base line extending from a point two and one-half feet above walk grade to a point four and one-half feet above walk grade at the required depth of front yard is hereby declared to be an obstruction as to view, except single trees, having single trunks which are pruned to a minimum height of seven feet above walk grade.

(Ord. 3-86, passed 6-12-1986)

§ 154.018 OFF-STREET PARKING AND LOADING REQUIREMENTS.

(A) Parking requirements based on use. In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as provided in division (B) below), off-street parking spaces in accordance with the following requirements.

(1) Bowling lanes, six parking spaces for each lane.

(2) Business or professional office, studio, bank, medical or dental clinic, four parking spaces plus one additional parking space for each 200 square feet of floor area over 500.

(3) Church or other place of worship, one parking space for each three seats in the main auditorium.

(4) Community center, library, museum or art gallery, ten parking spaces plus one additional space for each 700 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each three seats that it contains.

(5) Dance hall, assembly or exhibition hall without fixed seats, one parking space for each 75 square feet of floor area used therefor.

(6) Dwellings, including single-, two-family and multi-family, two parking space for each dwelling unit.

(7) Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop, two parking spaces plus one additional parking space for each 200 square feet of floor area over 1,000.

(8) Hospital, four parking spaces plus one additional parking space for each four beds.

(9) Hotels or motels, one parking space for each sleeping room or suite, plus one space for each 200 square feet of commercial floor area contained therein.

(10) Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishment, one parking space for each two employees working on the premises plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 400 square feet of floor area.

(11) Mortuary or funeral home, one parking snare for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms.

(12) Motor-vehicles salesrooms and used car lots, one parking space for each 600 square feet of sales floor or lot area.

(13) Private club, lodge, country club or golf club, one parking space for each 100 square feet of floor area or for every four members, whichever is greater.

(14) Retail store or personal service establishment, except as otherwise specified herein, one parking space for each 200 square feet of floor area.

(15) Restaurant, night club, café or similar recreation or amusement establishment, one parking space for each 80 square feet of floor area.

(16) Rooming or boarding house, one parking space for each sleeping room.

(17) Sanitarium, convalescent home, home for the aged or similar institution, one parking space for each four beds.

(18) School, elementary, one parking space for each eight seats in the auditorium or main assembly room, or one space for each classroom, whichever is greater.

(19) School, secondary and college, one parking space for each six seats in the main auditorium or four spaces for each classroom, whichever is greater.

(20) Theater, auditorium (except school), sports arena, stadium or gymnasium, one parking space for each three seats or bench seating spaces.

(21) Tourist home, cabin or motel, one parking space for each sleeping room or suite.

(B) Rules for computing number of parking spaces. In computing the number of parking spaces required for each of the above uses, the following rules shall govern.

(1) FLOOR AREA shall mean the gross floor area of the specific use.

(2) Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

(3) The parking space requirement, for a use not specifically mentioned herein, shall be the same as required for a use of similar nature.

(4) Whenever a building or use constructed or established after the effective date of this subchapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, those spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this subchapter is enlarged to the extent of 50% or more in floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.

(5) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(C) Location of parking spaces. All parking spaces required herein shall be located on the same lot with the building or use served, except as follows.

(1) Where an increase in the number of spaces is required by a change or enlargement of use or where the spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other non-residential building served.

(2) Not more than 50% of the parking spaces required for:

(a) Theaters, bowling lanes, dance halls, night clubs or cafes, and not more than 80% of the parking spaces required for a church or school auditorium may be provided and used; and

(b) Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in division (C)(1)(a) above; provided, however, that written agreement thereto is properly, executed and filed as specified below.

(3) In case where the required parking spaces are not located on the same lot with the building or use served, or where the spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit.

(D) Minimum dimensions for off-street parking.

(1) Ninety degree angle parking: each parking space shall be not less than eight feet wide nor less than 18 feet in length, maneuvering space shall be in addition to parking space and shall be not less than 24 feet perpendicular to the building or parking line.

(2) Sixty degree angle parking: each parking space shall be not less than eight feet wide, perpendicular to the parking angle, not less than 17 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than 20 feet perpendicular to the building or parking line.

(3) Forty-five degree angle parking: each parking space shall be not less than eight feet wide, perpendicular to the parking angle, nor less than 16 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than 18 feet perpendicular to the building or parking line.

(4) When off-street parking facilities are located adjacent to a public alley, the width of the alley may be assumed to be a portion of the maneuvering space requirement.

(5) Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this subchapter, the off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.

(E) Off-street loading space. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements:

(1) In the District CR, one loading space for each 10,000 feet or fraction thereof, of floor area in the building;

(2) In District CI, one loading space for the first 5,000 square feet of floor area in the building and one additional loading space for each 10,000 square feet, or fraction thereof, of floor area in excess of 5,000 square feet; and

(3) Each required loading space shall have a minimum size of 12 feet by 30 feet.

(Ord. 3-86, passed 6-12-1986)

§ 154.019 SPECIAL USE REGULATIONS.

The City Council may by affirmative majority vote grant by ordinance a special use permit for special uses allowed in any district.

(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)

§ 154.020 NONCONFORMING USES.

(A) The lawful use of land existing upon the effective date of this subchapter, although that use does not conform to the provisions hereof, may be continued, subject to the provisions hereof.

(B) The lawful use of a building existing upon the effective date of this subchapter may be continued, although the use does not conform to the provisions hereof. The use may be extended throughout portions of the buildings as are arranged or designed for the use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. If the non-conforming building is voluntarily removed, the future use of the premises shall be in conformity with the provisions of this subchapter. In the event a non-conforming use of any building or premises is discontinued for a period of one year, the use of the premises shall thereafter conform to the provisions of the district in which it is located.

(C) A non-conforming use, if changed to a conforming use or a more restricted non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.

(D) If by amendment of this subchapter any property is hereafter transferred to a more restrictive district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this subchapter relating to the non-conforming use of buildings or premises existing upon the effective date of this subchapter shall apply to buildings or premises occupied or used upon the effective date of that amendment. Repairs and alterations may be made to a non-conforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.

(E) A non-conforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the case of partial destruction by fire or other causes not exceeding 50% of its value, the Building Inspector shall issue a reconstruction permit. If destruction is greater than 50% of its value, the Board of Adjustment may grant a permit for repair or replacement after public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of rounding the designated non-conforming use and the purposes of this subchapter.

(Ord. 3-86, passed 6-12-1986)

§ 154.021 ENFORCEMENT AND APPLICATION.

(A) Administrative official.

(1) The provisions of this subchapter shall be administered and enforced by the Building Inspector of the city. The Building Inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this subchapter.

(2) Whenever any construction work is being done contrary to the provisions of this subchapter, the Building Inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing the work to be done, and any person shall forthwith stop the work until authorized by the Building inspector to proceed with the work.

(B) Requirements for building permit.

(1) All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:

(a) The actual shape and dimensions of the lot to be built upon;

(b) The exact size and locations on the lot of the buildings and accessory buildings then existing;

(d) The existing and intended use of each building and or part of building;

(e) The number of families or housekeeping units the building is designed to accommodate; and

(f) Other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this subchapter. One copy of the plot plans will be returned to the owner when the plans have been approved. All dimensions shown on these plans, relating to the location and size of the lot to be built upon, shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started. After application for permit is sought in writing on the required form promulgated by the city, the city shall either accept or reject the permit within one week from the filing of same.

(2) Under no circumstances shall any plumbing be done before the building permit is issued, and no plumbing shall be issued before the building permit is issued.

(1) Any permits issued before the effective date of this subchapter; and

(2) Any easement, covenant or any other private agreement.

(D) Newly annexed areas.

(1) Permits in temporary zoned areas. In the area temporarily classified as District R1, no permit for the construction of a building or use of land other than types of buildings or land used allowed in District R1 under this subchapter shall be issued by the Building Inspector until the permit has been specifically authorized by the City Council. Permits for the construction of buildings in a newly annexed territory prior to permanent zoning may be authorized under the following conditions: An application for any use shall be made to the Building Inspector, the application to show the use contemplated, and a plat showing the size and type of building to be constructed; and, if the application is for other than a building allowed in District R1, it shall be referred to the City Council.

(2) Unplatted property. The city shall not approve any plat or any subdivision within the city limits of the city until the area covered by the proposed plat shall have been permanently zoned by the City Council.

(E) Certificate of occupancy and compliance.

(1) No building hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the City Inspector stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

(2) Certificates of occupancy and compliance shall be applied for coincident with the application for building permit and shall be issued within ten days after the erection or structural alterations of the building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the City Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

(3) No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.

(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)

§ 154.022 BOARD OF ADJUSTMENT.

The word BOARD, when used in this subchapter, shall be construed to mean City Council.

(A) Organization and procedure.

(1) Establishment. The City Council is hereby established as a Board of Adjustment.

(2) Membership. The Mayor and all Council members.

(3) Meetings. Meetings of the Board shall be held at the regular meetings of the City Council unless a special meeting is called.

(4) Hearings.

(a) The hearings of the City Council sitting as a Board of Adjustment shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it.

(b) The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest.

(5) Rules and regulations.

(a) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

(b) The City Council, sitting as a Board of Adjustment, shall act by resolution in which a majority must concur. The Board shall adopt, from time to time, such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.

(B) Appeals.

(1) Procedure. Appeals may be taken to and before the Board of Adjustment by any persons aggrieved, or by an officer, or department of the city. The appeal shall be made by filing with the office of the Board of Adjustments a notice of appeal and specifying the grounds therefor. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken.

(2) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed otherwise than by a restraining order, which may be granted by the City Council or by a court of equity, after notice of the officer from whom the appeal is taken and on due cause shown.

(3) Notice of hearing on appeal. The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of the hearings to the petitioner and to the owner of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the City Council to be affected thereby, the owners and persons being determined according to the current tax rolls of the city. Depositing of the written notice in the mail shall be deemed sufficient compliance therewith.

(4) Decision by Board of Adjustment.

(a) The Board of Adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.

(b) The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

(1) Subpoena witnesses and the like. The Board of Adjustment shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under regulations as it may establish.

(2) Appeal based on error. The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this subchapter.

(3) Special exceptions. The Board of Adjustment shall have the power to hear and decide special exceptions to the terms of this subchapter upon which the City Council is required to pass.

(4) Variances. The Board of Adjustment shall have the power to authorize upon appeal in specific cases the variance from the terms of this subchapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in unnecessary hardship, and so that the spirit of this subchapter shall be observed and substantial justice done.

(Ord. 3-86, passed 6-12-1986)

§ 154.023 AMENDMENTS.

(A) Authority. The City Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.

(B) Submission to experts. Before taking action on any proposed amendment, supplement or change, the City Council may submit the proposed revision to the City Engineer, City Attorney or other experts of its choosing, for their recommendation and report.

(C) Public hearing. A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change. Notice of the hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of the hearing, which time shall not be earlier than 30 days from the first date of publication.

(D) In case of protest. In a case of a protest signed by the owners of 20% or more of the area of the lots included in the proposed change, or of those immediately adjacent or within an area extending 200 feet from the proposed area of change, the change shall not become effective except by the favorable vote of three-fourths of all members of the City Council.

(E) Petition by owners. Whenever the owners of at least 50% of all the property situated within the area bounded by a line of 200 feet in all directions from the site of any proposed change shall present a petition, duly signed and acknowledged, to the City Council, requesting an amendment, supplement or change of the regulations prescribed for the property, it shall be the duty of the City Council to vote upon the proposal presented by the petition within 90 days after the filing of same with the City Council, in accordance with the above procedure.

(F) Limitation on re-submission of petition. No amendment, supplement or change of repeal of any section of this subchapter which has been legally rejected by the City Council shall be considered again by the City Council on an appeal or petition by the appellant or application before the expiration of one year.

(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)

§ 154.024 PLANNING AND ZONING COMMISSION; CREATED; MEMBERSHIP.

(A) Council to serve as Planning and Zoning Commission. The Planning and Zoning Commission of the city is hereby abolished and its functions, duties, responsibilities policies, practices and procedures shall be assigned to the City Council.

(B) Organization.

(1) The Mayor and Mayor Pro-Tem shall serve as Chairperson and Vice-Chairperson and the members of the City Council shall serve as Members of the Planning and Zoning Commission and shall have the power to employ such qualified persons as may be necessary for the proper conduct of planning and zoning, land use planning, subdivision requirements and flood plain control; and to pay for their services and such other necessary expenses provided that the cost of the services and expenses shall not exceed the amount budgeted by the City Council for those purposes.

(2) The City Council shall have the power to make regulations for its own practices and procedures which shall conform as nearly as possible to those governing the City Council in its other conduct of city business, the rules shall include among other items, provisions for:

(a) Regular and special meetings open to the public;

(b) Records of its proceedings to be open for inspections by the public;

(d) For the holding of public hearings prior to the adoptions of its recommendations.

(C) Council’s function as Planning and Zoning Commission. The City Council while serving as a Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts for the future development and redevelopment of the municipality and its environs and shall have the power and it shall be its duty to prepare a comprehensive plan of ordinances for zoning the city and in accordance with the applicable laws of the State of Texas. The Council as Planning and Zoning Commission shall perform such duties as may be prescribed by ordinance or state law.

(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)

§ 154.025 INTERPRETATION, PURPOSE AND CONFLICT.

In interpreting and applying the provisions of this subchapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this subchapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this subchapter imposes a greater restriction upon the building or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this subchapter shall govern.