Definition of townhouse: A single-family dwelling unit on a separately platted lot, that can be in a series or group of attached units, with use and occupancy identical to all other single-family dwellings. Fire separations are required between each and every townhouse and such required fire separation is to be obtained by two (2) separate one-hour fire resistive walls, extending from foundations to roof. Said fire walls shall have no penetrations whatsoever. Each townhouse must have separate utility services.

(Ord. No. 559, 1-15-81)

(1)

Any use of property that does not conform to the regulations prescribed in the preceding articles of this ordinance and which shall have been in existence prior to the date of adoption of this ordinance shall be called a nonconforming use.

(2)

All nonconforming uses existing prior to the passage of this zoning ordinance will be permitted to operate indefinitely, and additions and expansion may be made thereto so long as such expansion is related to the existing use, and is maintained upon the property so used.

Such expansion or addition shall be subject to other requirements of this ordinance as set forth in the section under which the particular use would be conforming.

If such use is abandoned or discontinued, the next use of the land and/or structure shall conform to the existing zoning. A nonconforming use shall be considered abandoned:

(a)

When the intention of the owner to discontinue the use is apparent, or

(b)

When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one (1) year, or

(c)

When a nonconforming building, structure or land or portion thereof which is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of one (1) year, or

(d)

When it has been replaced by a conforming use.

(3)

Any duplex or apartment use existing at the time of the passage of this ordinance that was a nonconforming use on that date, shall thereafter be deemed a conforming use.

The City Council of the City of Graham may, with a three-fourths vote of all the members of the City Council, after public hearing and proper notice to all parties affected, and after recommendation from the City Plan Commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following in the specified districts:

(1)

Any use of public building to be erected or used by the city, county, state or federal government in any district.

(2)

Private schools, kindergartens and nurseries teaching the same subjects as public elementary and high schools in any district, provided the building or buildings are set back from all required yard lines in the district in which they are to be located two (2) feet for each foot of building height and provided off-street parking facilities are provided. For schools and kindergartens a minimum area of thirty (30) square feet per pupil and a minimum site area of two hundred (200) square feet per pupil shall be provided.

(3)

Institutions of a religious, educational or philanthropic nature in any district.

(4)

Private housing projects and shopping centers consisting of not less than three (3) acres and when accompanied by a site plan drawn to scale and showing the arrangement of the project in detail together with essential requirements such as parking facilities, locations of buildings and the uses to be permitted, and means of egress and ingress in any district.

(5)

Airport or landing fields or airport facilities in any district.

(6)

Day nurseries in any district.

(7)

Dog kennels and veterinarian hospitals in the "C" and "LR" districts or on a farm of five (5) acres or more, in any district.

(8)

Temporary commercial amusement enterprises such as circuses, carnivals, driving ranges, miniature golf courses, pony rides, miniature train rides, and rodeos in any district. Length of operation of such enterprises to be a condition of the special permit.

(9)

Riding academy or public stable on sites of five (5) acres or more, in any district.

(10)

Radio broadcasting towers and stations, television towers and television transmitting stations in any district.

(11)

Any installation of a public utility either privately or publicly owned in any district.

(12)

Water reservoir, water pumping station, water towers or artesian wells in any district.

(13)

Hospitals, dental and medical offices, clinics, children's homes, convalescent homes, old people's homes, maternity homes, in the A district or in any district where a site of five (5) acres or more is provided.

(14)

Homes for the insane, alcoholic, feeble-minded and narcotics in the A, LR, C or in any district where a site of twenty (20) acres or more is provided.

(15)

Hotels and motels in the A-1 district.

(16)

Private clubs and community buildings in an A district or in a site of three (3) acres or more in any district.

(17)

Drive-in theatres in the LR and C districts or on sites of ten (10) acres or more in any district.

(18)

Greenhouses and nurseries in any district.

(19)

Dance halls, when located in C districts or on sites of ten (10) acres or more in any district.

(20)

Tourist camps and trailer parks in the LR district.

(21)

Rock quarries, sand, gravel and earth excavations. At the time the permit is granted, the City Council may impose reasonable conditions for the protection of the public health and safety, and may provide for the restoration of such property to a usable condition after excavations have been terminated.

(22)

Where the City Plan Commission is considering, a change in zoning from a residential or apartment zoning to a lower classification and the area in question involves three (3) or more acres under one (1) or more owners, or if it contains lesser area and would constitute the extension of an existing district whereby the provision of off-street parking facilities, screening walls, fences or planting and open spaces would create a protective transition between a lesser and a more restricted district or if it would constitute the extension of an existing special permit, the City Plan Commission may, within its discretion, make the following recommendations to the City Council:

(a)

Recommend against the change in zoning.

(b)

Recommend a change in zoning.

(c)

Recommend that a special permit for such area be granted, together with its recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to the public street, provisions for drainage, parking space and street layouts, and protective screening and open space.

(23)

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

(24)

Bed and breakfast facility—hosted, subject to the following restrictions:

(a)

A site plan to scale shall be presented to the city council of the City of Graham when application is made for a bed and breakfast facility, hosted special permit showing required off-street parking spaces, driveways, sidewalks, and any other paving, and the floor plan of the residence showing guestrooms to be used for public. The burden of proof regarding all restrictions is on the applicant. Such site plan and floor plan will become part of the approval of the special permit. Applicant shall submit four (4) photographs of the existing structure; a picture of the front of the property showing the property from the street to the front of the structure; a view from each side property line showing the property from the property line to the structure; and a view from the rear property line showing the property line to the structure. Applicant shall submit architect's rendering of any proposed new construction showing the proposed structure from the same view as required in photographs above.

(b)

Provision must be made for two (2) off-street parking spaces for the owner/operator of the bed and breakfast facility, plus one (1) parking space per guestroom. The parking area, except driveways, must be hard surface, asphalt or concrete.

(c)

All overnight parking shall be in designated parking spaces, as provided on the site plan.

1.

Other than driveways and sidewalks, the front yard (which means the property from the front of the structure to the street) may not be paved.

2.

All parking areas on property (except driveways) shall be behind any building lines and must be screened from the view of adjacent residences to a height of six (6) feet by a solid screening fence, or dense shrubs and vegetation.

(d)

Stacked parking is permitted in driveways for a maximum of four (4) vehicles.

(e)

Recreational vehicles, trailer homes, campers, and utility trucks exceeding seven-foot height, seven-foot width, or twenty-foot length may not be parked by the owners or occupants of a bed and breakfast facility, hosted on the premises or the street.

(f)

The maximum number of guestrooms, maximum number of occupants per guestroom, and maximum number of guest per night in a bed and breakfast facility, hosted shall be in compliance with the Life Safety Code, NFPA 101, Edition, and Revisions henceforth, determined by inspection of the Graham Fire Department.

(g)

The maximum length of stay is limited to twenty-one (21) consecutive days for each individual guest.

(h)

Signage is limited to one (1) sign per bed and breakfast facility, hosted. Signs must be discreet and unobtrusive, must be architecturally compatible with the character of the neighborhood and may contain only the name of the bed and breakfast and/or the owner's name. No additional outdoor advertising of any kind is allowed.

(i)

A permanent smoke alarm system shall be installed. Said smoke alarm system shall be inspected by the Graham Fire Department to certify its compliance with all applicable state and local laws.

(j)

The architecture of the structure and the grounds of the bed and breakfast facility, hosted must maintain the character of the neighborhood. If alterations are made, the exterior of the structure and the grounds must remain typical of the neighborhood and give no appearance of the business establishment within.

(k)

No weddings, receptions, retreats, teas, events, or parties may be held in a bed and breakfast facility, hosted.

(l)

A bed and breakfast facility, hosted must comply with all applicable state and city health and safety laws.

(m)

No cooking is permitted in guestrooms.

(n)

Meal service is prepared and served on-site and is limited to overnight guests, only.

(o)

Guests must register on arrival. A guest must provide name, permanent home address and telephone number, vehicle license number and date(s) of occupancy. Registration records must be maintained for five (5) years and are subject to review by city officials at any time.

(p)

Violation of this article or any other city ordinance may result in revocation of the special permit to operate a bed and breakfast facility, hosted.

(25)

Bed and breakfast facility—unhosted, subject to the following restrictions:

(a)

A site plan to scale shall be presented to the city council of the City of Graham when application is made for a bed and breakfast facility, unhosted special permit showing required off-street parking spaces, driveways, sidewalks, and any other paving, and the floor plan of the residence showing guestrooms to be used for public. The burden of proof regarding all restrictions is on the applicant. Such site plan and floor plan will become part of the approval of the special permit. Applicant shall submit four (4) photographs of the existing structure; a picture of the front of the property showing from the street to the front of the structure; a view from each side property line showing the property from the property line to the structure; and a view from the rear property line to the structure. Applicant shall submit architect's rendering of any proposed new construction showing the proposed structure from the same view as required in photographs above.

(b)

Provisions must be made for one (1) off-street parking space each guestroom; however, a minimum of two (2) off-street parking spaces are required. The parking surface must be hard surface, asphalt or concrete.

(c)

All overnight parking shall be in designated parking spaces, as provided on the site plan.

1.

Other than driveways and sidewalks, the front yard (which means the property from the front of the structure to the street) may not be paved.

2.

All parking areas on property (except driveways) shall be behind any building lines and must be screened from the view of adjacent residences to a height of six (6) feet by a solid screening fence, or dense shrubs and vegetation.

(d)

Stacked parking is permitted in driveways for a maximum of four (4) vehicles.

(e)

Recreational vehicles, trailer homes, campers, and utility trucks exceeding seven-foot height, seven-foot width, or twenty-foot length may not be parked by the owners or occupants of a bed and breakfast facility, unhosted on the premises or the street.

(f)

The maximum number of guestrooms, maximum number of occupants per guestroom, and maximum number of guest per night in a bed and breakfast facility, unhosted shall be in compliance with the Life Safety Code, NFPA 101, 2000 Edition, and Revisions henceforth, determined by inspection of the Graham Fire Department.

(g)

The maximum length of stay is limited to twenty-one (21) consecutive days for each individual guest.

(h)

Signage is limited to one (1) per bed and breakfast facility, unhosted. Signs must be discreet and unobtrusive, must be architecturally compatible with the character of the neighborhood and may contain only the name of the bed and breakfast and/or the owner's name. No additional outdoor advertising of any kind is allowed.

(i)

A smoke alarm system shall be installed. Said smoke alarm system shall be inspected by the Graham Fire Department to certify its compliance with all applicable state and federal laws.

(j)

The architecture of the structure and the grounds of the bed and breakfast facility, unhosted must maintain the character of the neighborhood. If alterations are made, the exterior of the structure and the grounds must remain typical of the neighborhood and give no appearance of the business establishment within.

(k)

A bed and breakfast facility, unhosted must comply with all applicable state and city health and safety laws.

(l)

No cooking is permitted in guestrooms.

(m)

Meal service may be offered on or off site and is for overnight paying guests only at no additional charge.

(n)

Meal service is prepared and served on-site and is limited to overnight guests, only.

(o)

Guests must register on arrival. A guest must provide name, permanent home address and telephone number, vehicle license number and date(s) of occupancy. Registration records must be maintained for five (5) years and are subject to review by city officials at any time.

(p)

Violation of this article or any other city ordinance may result in revocation of the special permit to operate a bed and breakfast facility, unhosted.

(26)

Any use not provided for in Planned Development District No. 1 regulations.

(27)

Any use in Planned Development District No. 3 regulations.

(28)

Any use in Planned Development District No. 4 regulations.

(Ord. No. 854, §§ 3, 4, 10-17-02; Ord. No. 870, § 1, 1-8-04; Ord. No. 946, § 1, 4-2-09)

(1)

Vision clearance. On any corner lot on which front and side yards are required, no wall, fence, structure, sign, tree, shrub or hedge may be maintained as to cause danger to traffic by obstructing the view, and when topography prevents a clear view, this bank shall be removed.

(2)

Front yard. The front yard heretofore required shall be adjusted in the following case:

(a)

Where thirty-five (35) percent or more of the frontage on one (1) side of the street between two (2) intersecting streets is developed with buildings that have been observed, with a variation of five (5) feet or less, a front yard greater or lesser in depth than therein required, new buildings shall not be erected closer to the street than the building line so established by the existing buildings, however, this regulation shall not be interpreted as requiring a building line of more than seventy-five (75) feet.

(b)

Where the frontage between two (2) intersecting streets is developed with buildings that have not observed a front yard as described in (a) above, then:

1.

Where a building is to be erected on a parcel of land and will not be more than two hundred (200) feet from existing buildings on either side, the building line shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides.

2.

Where a building is to be erected on a parcel of land that is within two hundred (200) feet of an existing building on one (1) side only such building may be erected as close to the street as the existing adjacent building, however, this regulation shall not be interpreted as requiring a building line or more than seventy-five (75) feet.

(c)

Where a building line has been established by ordinance and such line requires a greater set back than is prescribed by this ordinance in the district in which the building line is located, no building shall be erected closer to the street than the line so established.

(d)

Where a building line is shown on a plat recorded for record with the County Clerk of Young County after the adoption date of this ordinance, and such building line provides a front yard of twenty-five (25) feet or more in depth and a side yard of ten (10) feet or more in depth and is part of a comprehensive plan for the orderly development of a subdivision either with a uniform or staggered building line, no building shall be erected closer to the street than the building line or lines so shown. However, any building line established by ordinance shall take precedence over a building line shown on a recorded plat.

(e)

Open and unenclosed terrace or porches and eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, that no supporting structure for such extensions may be located within the required front yard. The supporting structure of an open carport or other structure for the storage of automobiles shall not be located within the required front yard. An unenclosed canopy for a gasoline filling station or similar business may extend beyond the building line but shall never be closer to the property line than twelve (12) feet. The building line of a gasoline filling station shall mean the actual wall of the filling station and shall not be interpreted as being the curb of a walk or driveway or as the front of a canopy or the columns supporting same.

(f)

1.

Carports may be constructed past the front building line unless prohibited by deed restrictions. Carports may not extend beyond the property line.

2.

Carports be constructed of new building materials, approved by the building inspector.

3.

Carports may not be enclosed.

(3)

Side and rear yards.

(a)

Every part of the required side or rear yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projection of window sills, belt courses and other ornamental features projecting not to exceed twelve (12) inches. Eaves, awnings and roof on main residential structures shall not project to a point nearer than 3 feet of a side lot line; provided, that nothing herein is intended to prohibit the construction of a fence around side yards when said fences meet all the requirements of the city contained in this ordinance, or any other ordinance or regulations in force at this time and any additions or amendments thereto. (To be in connection with page 31).

(b)

Accessory buildings may be built in the rear yard except that when such accessory building is located closer than fifteen (15) feet to the main building it shall observe the same side yard as required for the main building.

(c)

Open or lattice enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers, and ordinary projections of chimneys and flues into rear yards may be permitted by the building inspector into the required rear yard for a distance not to exceed three and one-half (3½) feet.

(d)

Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the ground (first floor level of the building) may project into a required side yard provided such projections not be erected closer than two (2) feet from the side lot line.

(4)

Lot area. On any lot owned prior to the effective date of this ordinance, a single-family house may be erected by each owner even though of less area than required by these regulations.

(5)

Location of dwellings and buildings. Only one (1) main building for single-family, two-family or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or front upon a street or officially approved place, other than an alley, which means of access shall have a minimum width of thirty (30) feet. Where a lot is used for retail, commercial, industrial, or a combination of same, or for a combination of retail and dwelling purposes, more than one (1) main building may be located upon the lot but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts and when all such main buildings face upon a street or officially approved place, other than an alley. Whenever two (2) or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a street or officially approved place, the same may be permitted when the site plan for such development is approved by the City Plan Commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one (1) building shall be computed as being the open space, yard or area requirements for any dwelling or other use. Whenever an area or tract of three (3) acres or more under one (1) or several ownerships is proposed for development with more than one (1) main building, permits may be issued for housing projects, shopping centers, institutions, industrial development, or a combination development of two (2) or more uses when the same is issued as prescribed in Article 13.

(6)

Erection of duplex in an R-1 district. Two-family dwelling may be erected in a single-family dwelling district where forty (40) percent of the street frontage between intersecting streets was developed with two-family dwellings prior to the effective date of this ordinance, and the corresponding frontage on the opposite side of the street may likewise be used for two-family dwellings as provided for in Article 4; provided, however, that the area and parking regulations in the R-2 district are complied with.

(7)

Erection of an apartment in a R-1 or R-2 district. Multiple-family dwellings may be erected in an "R-1" or "R-2," where forty (40) percent of the street frontage between intersecting streets was developed with multiple-family dwellings prior to the effective date of this ordinance, and the corresponding frontage on the opposite side of the street may likewise be used for multiple-family dwellings as provided in Article 5; provided, however, that the area and parking regulations of the A-1 Apartment District are complied with.

(8)

Special parking exceptions.

(a)

Requirements for the provisions of off-street parking space for retail, service, commercial and industrial buildings and uses shall not apply to buildings erected or altered within the Central Business Area substantially developed at the effective date of this ordinance. This area is designated on the Special Parking Exceptions Map, which map is attached and made a part of this ordinance.

(b)

In Local Retail-1, Local Retail-2, and Commercial district, where fifty (50) percent or more of the frontage in a block between two (2) intersecting streets has been developed with retail or commercial buildings or usage which have not provided the ratio of parking as required herein, any remaining lot or tract of land may be improved with a building or converted to parking space in the same ratio, if any, as was required of the existing improved properties in the block on either side of the street, and likewise, in these districts buildings may be remodeled, altered or reconstructed subject to the regulations provided herein.

(9)

Outer courts. Whenever an outer court in a building used or intended to be used for dwelling purposes is formed by three (3) exterior walls of the building in which are located any openings, windows or doors for light, access, air or ventilation, the main depth of the court measured from the base wall to a line projected from the outer edge of one (1) protruding wall to the outer edge of the other protruding wall shall not be greater than one and one-half (1½) times the distance between the two (2) protruding walls. Whenever the depth of the court equals or exceeds fifty (50) percent of the distance between the protruding walls, the minimum width of an outer court shall be twelve (12) feet for one (1) standard story building, twenty (20) feet for two (2) story buildings, thirty (30) feet for three (3) story buildings, and for buildings exceeding three (3) standard stories in height, the width of an outer court shall be increased one (1) foot for each two (2) feet the building exceeds three (3) standard stories.

(10)

Bed and breakfast facility, hosted. For all bed and breakfast facilities, hosted, permanent provision shall be made for off-street parking of motor passenger vehicles. Such parking shall be behind any building line and shall provide not less than two (2) spaces for the owner-operator of the bed and breakfast facility, plus one (1) additional space each guestroom.

(11)

Bed and breakfast facility, unhosted. For all bed and breakfast facilities unhosted, permanent provision shall be made for off-street parking of motor passenger vehicles. Such parking shall be behind any building line and shall provide one (1) space each guestroom; however, a minimum of two (2) spaces are required.

(Ord. No. 648, § 1, 12-11-86; Ord. No. 854, § 2, 10-17-02)

In the event the City Plan Commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City can, if it desires, act on the matter of permanent zoning and annexation at the same time.

(1)

No building hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy has been issued by the building inspector, stating that the building or proposed use of a building or premises complies with the building code and the provisions of these regulations. A change in use shall be construed to mean any change in the occupancy or type of business.

(2)

No permit for excavation for or the erection or alteration of or repairs to any building shall be issued until an application has been made for a certificate of occupancy and compliance.

(3)

No permanent water, sewer, electrical or gas utility connections shall be made to the land, building or structure until and after a certificate of occupancy and compliance has been issued by the building inspector of the City of Graham.

(4)

Upon request of the owner or authorized representative, the building inspector may issue a temporary certificate of occupancy for the temporary use and occupancy of a portion of a building prior to the completion and occupancy of the entire building provided such temporary occupancy or use will not in any way or manner jeopardize life or property.

(5)

The building inspector shall issue a certificate of occupancy upon application of any person for the continuance of lawful nonconforming uses.

Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this ordinance and which entire building shall be completed within two (2) years from the date of the passage of this ordinance. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building shall be completed within two (2) years from the date of the passage of this ordinance. If any amendments to this ordinance is hereafter adopted changing the boundaries of districts, the provisions of this ordinance with regard to building or premises existing or building under construction or building permits issued at the time of the passage of this ordinance shall apply to buildings or premises existing, to buildings under construction or building permits issued in the area affected by such amendment at the time of the passage of such amendment.

Commitments with reference to construction of public utility buildings necessary for proposed expansion of the City made prior to the passage of this ordinance shall be observed.

The provisions of this ordinance shall be administered and enforced by the building inspector of the City of Graham. All applications for building permits shall be accompanied by a certified plat eight and one-half (8½) inches by eleven (11) inches in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the use of the property, and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the building inspector.

Whenever any building work is being done contrary to the provisions of this ordinance, the building inspector may order the work stopped and also revoke the building permit theretofore issued by notice in writing served on any person owning such property or their agent or on any person engaged in the doing or causing of such work to be done and any such persons shall forthwith stop and cause to be stopped such work until authorized by the building inspector to recommence and proceed with the work or upon issuance of a building permit in those cases in which the building permit has been revoked and further, such stop work order and revocation of permit shall be posted on the work being done in violation of this ordinance.

Any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than two hundred dollars ($200.00) and each day such violation shall be permitted to exist constitutes a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction shall be fined as herein provided.

The City Plan Commission of the City of Graham shall not approve any plat of any subdivision within the City Limits of the City of Graham until the area covered by the proposed plat shall have been permanently zoned by the City Council of the City of Graham.

The City Plan Commission of the City of Graham shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Graham is pending before the City Council.

In the event the City Plan Commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council can, if it desires, act on the matter of permanent zoning and annexation at the same time.

(1)

The governing body may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.

(2)

Before taking action on any proposed amendment, supplement or change, the governing body shall submit the same to the City Plan Commission for its recommendation and report.

(2a)

On all proposed amendments, supplements, or changes, a fee of twenty-five dollars ($25.00) shall be paid by the person or persons proposing the amendment, supplement, or change. Said fee to be paid prior to any action by the City Plan Commission.

(3)

A public hearing shall be held by the governing body before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication three (3) times in the official publication of the City of Graham, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication.

(4)

Unless such proposed amendment, supplement or change has been approved by the City Planning Commission, or if a protest against such proposed amendment, supplement or change has been filed with the City Clerk, duly signed and acknowledged by the owners of twenty (20) percent or more either or the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom or of those directly opposite lots, such amendment shall not become effective except by a three-fourth vote of the governing body.

(5)

The official zoning map of the City of Graham shall be kept in the office of the City Clerk and a copy thereof shall be maintained in the office of the City Engineer. It shall be the duty of the City Engineer to keep the official map current and the copies thereof, herein provided for, by entering on such maps any changes which the Council may from time to time order by amendments to the Zoning Ordinance and Map. The City Clerk, upon the adoption of this ordinance, shall affix a certificate identifying the map in his office as the official zoning map of the City of Graham. He shall likewise officially identify the copy directed to be kept in the office of the City Engineer.

(6)

This Ordinance shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, provided the same are not in conflict with any of the terms and provisions of this Ordinance; nor shall this Ordinance interfere with, or abrogate, or annul any easements, covenants or other agreements between parties, except that all provisions under existing ordinances of the City of Graham that are in conflict with any of the terms and/or provisions of the Ordinance are hereby expressly repealed for the reason that this Ordinance and any existing ordinances of the City of Graham; provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height or size of such buildings or requires larger yards or open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations, or by such easements, covenants or agreements, the provisions of this Ordinance shall control.

(Ord. No. 583, § 1, 10-7-82)

Certain words in this ordinance are defined for the purpose thereof as follows:

(1)

Words in the present tense include the future; words in the singular number include the plural number; the words in the plural number include the singular; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "shall" is mandatory and not directive.

(2)

Abutting property. Property abutting upon a street shall also be understood as abutting property on the other side of the street.

(3)

Accessory buildings.

(a)

In a residence or apartment district, a subordinate building, attached to or detached from the main building, without separate utilities, not used for commercial purposes and not rented. And containing not more than a servants quarters, a washroom, a storage room for domestic storage, and space for one (1) or more automobiles.

(b)

In other districts, a subordinate building, the use of which is incidental to and used only in conjunction with the main building.

(4)

Airport or aircraft landing field. Any landing area, runway or other facility designated, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open space.

(5)

Alley. A public space or thoroughfare which affords only secondary means of access to property abutting thereon.

(6)

Apartment. A room or suite of rooms in an apartment house arranged, designed or occupied as the residence by a single family, individual, or group of individuals.

(7)

Apartment house. Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.

(8)

Apartment hotel. Any building larger than an apartment house designed or built to be occupied as a series of separate apartments and by persons living independently of each other.

(9)

Area of the lot. The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.

(10)

Automobile service station. Any premises used for supplying gasoline, oil, diesel and liquefied petroleum gases, at retail direct to the customer, including minor accessories and services for vehicles.

(11)

Automobile and trailer sales area. An open area, other than a street or required automobile parking space used for the display or sale of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

(12)

Basement. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling.

(12A)

Bed and breakfast facility, hosted. A property designed for and occupied as a single-family residence providing overnight accommodations to transient guests. The structure(s) serves as the primary residence or homestead of its owner-operator with the bed and breakfast facility considered to be an accessory use and not the primary use of the property. The person who owns the property must also be the operator of the establishment.

(12B)

Bed and breakfast facility, unhosted. A property designed for a single-family residence providing overnight accommodations to transient guests. The structure(s) primary use is considered to be the bed and breakfast facility and is not occupied by the owner/operator.

(13)

Billboard or poster panel. Any sign of advertisement used as an outdoor display for the purpose of making anything known, the origin or point of sale of which is remote from said display.

(14)

Block. An area within the city enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side.

(15)

Boardinghouse. A building other than a hotel, where lodging and meals for five (5) or more persons are served for compensation.

(16)

Breezeway. A covered passage one (1) story in height connecting a main structure and an accessory building.

(17)

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

(18)

Building, end of. Those sides of the building having the least dimensions and in which doors or openings are not customarily provided for ingress and egress.

(19)

Building, front of. The side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

(20)

Building line. A line parallel or approximately parallel to the street line and beyond which buildings may not be erected.

(21)

Building, main. A building in which is conducted the principal use of the lot on which it is situated.

(22)

Business. Includes local retail, commercial, first and second manufacturing uses and districts as herein defined.

(23)

Cellar. That portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling.

(23A)

City council and board of aldermen. The terms city council and board of aldermen are used interchangeably herein and the terms are to be considered synonymous when used herein and each is to be considered as one (1) and the same.

(24)

Clinic, medical. An institution or station for the examination and treatment of ill and afflicted out-patients.

(24a)

Commercial storage house. A building for rent to the public, for the purpose of storage of personal goods, and which no single storage house may exceed (1,000) square feet of floor space.

(25)

Convalescent home. Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.

(26)

Court. An open, unoccupied space, bounded on more than two (2) sides by the walls of the building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one (1) side open to a street, alley, yard or other permanently open space.

(27)

Day nursery. A place where children are left for care between the hours of 7:00 a.m. and 12:00 p.m.

(28)

Depth of rear yard. The mean horizontal distance between the rear line of a building other than accessory building and the rear lot line.

(29)

Depth of the lot. The mean horizontal distance between the front and rear lot lines.

(30)

Dwelling, one-family. A detached building having accommodations for and occupied by not more than one (1) family, or by one (1) family and not more than four (4) boarders or lodgers.

(31)

Dwelling, two-family. A detached building having accommodations for and occupied by not more than two (2) families, or by two (2) families and not more than four (4) boarders or lodgers (Two boarders or lodgers to each unit).

(32)

Dwelling unit. A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters.

(33)

District. A section of the City of Graham for which the regulations governing the area, height, or use of the building are uniform.

(34)

Efficiency apartment. An apartment having a combination living and bedroom. (No separate bedroom).

(35)

Family. A family is any number of individuals living together as a single housekeeping unit, in which not more than four (4) individuals are unrelated by blood.

(36)

Farm. An area of two (2) acres or more, which is used for the growing of the usual farm products such as vegetables, fruits, trees, and grain and their storage on the area as well as the raising thereon of the usual poultry and farm animals such as horses, cattle, sheep and swine and including dairy farms with the necessary accessory uses for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding of offal or garbage to swine or other animals.

(37)

Frontage. All the property fronting on one (1) side of a street between the two (2) nearest intersecting streets, or other natural barriers.

(38)

Front yard. An open, unoccupied space on a lot facing a street and 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 projection thereof other than the projection of the usual steps or eave overhang.

(39)

Grade.

(a)

For the buildings having walls adjoining one (1) street only, it is the elevation of the sidewalk at the center of the wall adjoining the street.

(b)

For buildings having walls adjoining more than one (1) street, it is the average of the elevation of the sidewalks at the center of all walls adjoining the street.

(c)

For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.

Where no sidewalk has been constructed, the Director of Public Works shall establish such sidewalk level or its equivalent for the purpose of these regulations.

(40)

Greenhouses. A building consisting of glazed frames or sashes—often artificially heated—used for the purpose of cultivating plants too tender to endure open air.

(41)

Gross floor area. The gross floor area of an apartment house shall be measured by taking the outside dimensions of the apartment building at each floor level excluding, however, the floor area of basements or attics not used for residential purposes.

(41A)

Gun repair. The cleaning, disassembly, assembly or repairing of firearms.

(42)

Height. The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher, or, if no street grade has been established, to the highest point of the roof's surface if a flat surface, to the deck line of mansard roofs, and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of a building, the following structures shall be excluded: Chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height.

(43)

Hobby shop. An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities, none of which shall disturb the neighbors on either side or in the rear thereof, and from which no revenue may be derived, in which no goods may be publicly displayed, offered for sale, or advertised for sale, nor may any sign be used in connection therewith.

(44)

Customary home occupations. Occupations ordinarily carried on in a home that are not detrimental or injurious to adjoining property. These may include serving meals or renting rooms to not more than five (5) persons not members of the household, dressmaking, millinery, washing, ironing, the office of a physician, dentist, surgeon, architect, lawyer, engineer, 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 shall ever be permitted as principal use, but only as a second use, when indispensably necessary to the enjoyment of the premises, and cannot involve the conduct of retail business. Customary home occupations shall not include barbershops, beauty shops, carpenters' shops, electricians' shops, plumbers' shops, radio shops, tinners' shops, transfer or moving van offices, auto repairing, auto painting, furniture repairing or sign painting, or other similar uses.

(45)

Home workshop. See "hobby shop."

(46)

Hospitals. An institution or place where sick or injured in-patients are given medical or surgical care either at public (charity) or private expense.

(47)

Hotel and motel. A building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually occupied singly for hire, in which there are no provisions for cooking in individual rooms or apartments, and in which there are more than twelve (12) sleeping rooms, a public dining room accommodating more than twelve (12) guests and a central kitchen.

(48)

Housing project. An area of three (3) or more acres arranged according to a site plan to be submitted to and to be approved by the City Plan Commission and the City Council on which is indicated the amount of land to be devoted to housing facilities, their arrangement thereon, together with the arrangement of access streets and alleys, and the entire area is to be zoned as an Apartment-1 zone upon the recommendation of the City Plan Commission and the action of the City Council, and in which it shall not be necessary to subdivide the area into lots and blocks. The site plan shall indicate that all area streets, alleys, sidewalks, storm sewers, and storm inlets shall be provided as required by the City of Graham and built in accordance with the City of Graham specifications.

(49)

Kennel. Any lot or premises on which four (4) or more dogs more than four (4) months of age are kept.

(50)

Kindergarten. A school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

(51)

Loading space. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

(52)

Lodginghouse. A building other than a hotel, where lodging for five (5) or more persons is provided for compensation.

(53)

Lot. Land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.

(54)

Lot, corner. A lot situated at the intersection of two (2) or more streets.

(55)

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

(56)

Lot lines. The lines bounding a lot as defined herein.

(57)

Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the Office of the County Clerk of Young County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk of Young County prior to the adoption of this ordinance.

(58)

Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

(59)

Nonconforming use. A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.

(60)

Nurseries. A place where trees, shrubs, or flowering plants are raised from seed or otherwise in order to be transplanted or propagated.

(61)

One-family dwelling. A detached building having accommodations for and occupied by one (1) family, or by one (1) family and not more than four (4) boarders or lodgers.

(62)

Open spaces. Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.

(63)

Parking space. An area of not less than 180 square feet (measuring approximately 9 feet by 20 feet) not on a public street or alley, surfaced with an all weather surface, enclosed or unenclosed, together with an all weather surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress. In any dwelling, duplex or apartment district shall not include the parking of trucks or buses for commercial purposes, head-on parking adjacent to a public thoroughfare wherein the maneuvering is done. A public street shall not be classified as off-street parking in computing the parking requirements for any use.

(64)

Place. An open, unoccupied space reserved for purposes of access to abutting property.

(65)

Private garage. An accessory building or portion thereof in which not more than five (5) privately owned motor-driven vehicles are stored by occupants of the premises, not more than one (1) of which may be a truck or not to exceed 1 or 1½ ton capacity.

(66)

Public garage. A building or portion of a building used for repair, cars, or servicing of motor-driven vehicles, or where motor-driven vehicles are equipped for operation, or kept for hire or sale, but not including the open storage of trucks, trailers and vans.

(67)

Public parking lots. Any premises used for the purpose of parking motor vehicles for remuneration. No repairs or sales will be permitted on the premises.

(68)

Private stables. A stable with a capacity for not more than four (4) horses or mules.

(69)

Public stables. A stable with a capacity for more than four (4) horses or mules.

(70)

Rear yard. The required rear yard is an open space unoccupied and unobstructed extending across the rear of a lot from one (1) side to the other side lot line and having depths as required by this ordinance. Accessory buildings may occupy not to exceed thirty (30) percent of the area of the required rear yard, except that in the "A" district where access to accessory buildings is from a public alley, more than thirty (30) percent of the required rear yard may be covered by such buildings provided that the minimum distance between the rear of the main building and the accessory building equals at least twenty (20) percent of the depth of the lot.

(71)

Shopping center. An area consisting of three (3) acres or more arranged according to a site plan to be submitted to and to be approved by the City Plan Commission and the City Council, on which is indicated the amount of land to be devoted to the shopping village, the detailed arrangement of the various buildings, parking areas, streets and type of zoning desired. It shall require that the installation of all utilities, drainage structures, the paving of streets, parking areas, alleys and the installation of sidewalks in accordance with the City of Graham specifications for each type of improvement.

(72)

Servant quarters. An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

(73)

Side yard. An open, unoccupied space on the same lot with a building, situated between the building and sideline of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line.

(74)

Storage garage. A building or portion thereof used for the storage of more than five (5) passenger motor vehicles and trucks of not more than one and one-half (1½) ton capacity.

(75)

Story, half. A story having an average height of not more than eight (8) feet, covering a floor area of not more than seventy-five (75) percent of the area of the floor of the first story below.

(76)

Story, standard. One (1) having eleven (11) feet six (6) inches between floors.

(77)

Street. Any thoroughfare or public driveway, other than an alley, and more than twenty (20) feet in width, which has been dedicated or deeded to the public for public use.

(78)

Street line. A dividing line between a lot, tract or parcel of land and a contiguous street.

(79)

Structural alterations. Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

(80)

Tourist court. One (1) or more buildings designed or used as temporary living quarters for automobile transients in which individual cooking facilities may or may not be provided. If facilities are provided for individual cooking so that the units may be occupied as dwelling units, the same area, density and yard regulations as are required in the "A" apartment district, shall be observed. In all cases, one (1) off-street parking space shall be provided for each room or suite of rooms in the tourist court.

(81)

Reserved.

(82)

Two-family dwelling. A detached building having separate accommodations for and occupied by not more than two (2) families and not more than four (4) boarders and lodgers.

(83)

Used car lot. A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles or the storage of automobile parts.

(84)

Width of side yard. The mean horizontal distance between a side wall of a building and the side line of the lot, or to the center line of an alley adjacent to such side lot line.

(85)

Yard. An open, unoccupied space other than a court, on the lot in which a building is situated and which is unobstructed from the ground to the sky.

(Ord. No. 512, § 1, 8-17-78; Ord. No. 767, § 1, 11-30-95; Ord. No. 780, § 1, 4-17-97; Ord. No. 854, § 1, 10-17-02)

If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part of provisions thereof other than the part so decided to be invalid or unconstitutional.

The fact that the present regulations are inadequate to properly safeguard the general public welfare, health, peace and safety, creates an urgency and an emergency, and requires that this ordinance become effective immediately upon on its passage, and it is accordingly so ordained.

The said ordinance was read as provided by law, and a copy furnished to all proper persons, prior to any action being taken, as is required, and on the 19th day of February 1959, by the City Secretary, and it was moved by Alderman Jones and seconded by Alderman Herring that said ordinance be passed on first reading, and that the ordinance be published by caption only, as provided for by law; and said publication should include a summary of the purpose of the ordinance and the penalties provided in the ordinance, which was carried by the following vote: All aldermen voting "Aye" and none voting "Nay".

The said ordinance as read as provided by law, and a copy furnished to all proper persons, prior to any action being taken, as is required, and on the 2nd day of April 1959 by the City Secretary, it was moved by Alderman Jones, and seconded by Alderman Herring that said ordinance be passed on second reading, and that the ordinance be published by caption only, as provided by law, and said publication should include a summary of the purpose of the ordinance and the penalties provided in the ordinance which was carried by the following vote: The Mayor, E. Bruce Street, and Aldermen Jones and Herring voting "Aye" and Aldermen Gresham and Wignall voting "Nay".

The said ordinance was read as provided by law, and a copy furnished to all proper persons, prior to any action being taken, as is required, and on the 23rd day of April 1959 by the City Secretary, it was moved by Alderman Jones and seconded by Alderman Herring that said ordinance be published by caption only as provided for by law, and said publication should include a summary of the purpose of the ordinance and the penalties provided in the ordinance, which was carried by the following vote: The Mayor, E. Bruce Street, and Aldermen Jones and Herring voting "Aye" and Aldermen Gresham and Wignall voting "Nay".

THEREUPON the Mayor declared said ordinance finally passed.

ATTEST:

E. Bruce Street

Mayor

City of Graham, Texas

Mrs. Tommie A. Roach

City Secretary

The City of Graham, Texas, is hereby divided into nine (9) districts as follows:

"R-1" Single-Family Dwelling Districts

"R-2" Two-Family Dwelling Districts

"MH" Mobile Home Districts

"A" Apartment Districts

"O" Office Districts

"NS" Neighborhood Service Districts

"LR" Local Retail Districts

"C" Commercial Districts

"M-1" Manufacturing Districts.

"CR" Commercial Residential Districts

(Ord. No. 510, § 1, 8-3-78; Ord. No. 1170, § 2, 6-20-24)

The boundaries of these districts are indicated upon the zoning map of the City of Graham which is on file in the office of the City Clerk and made a part of this ordinance.

(Ord. No. 918, 11-2-06)

(1)

Use. No land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located, except as hereinafter provided.

(2)

Height. No building or structure shall be erected, constructed, extended, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building or structure is situated.

(3)

Area. No lot shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed in this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations established herein. Side yard areas, used to comply with minimum requirements of this ordinance, for a building, shall not be included as a part of the required areas of any other building. No parking area, parking space or loading space which existed at the time this ordinance became effective or which, subsequent thereto, is provided for the purpose of complying with the provisions of this ordinance, shall thereafter be relinquished or reduced in any manner below the requirements established by this ordinance; and every building hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one (1) building on one (1) lot, except as hereinafter provided.

All territory annexed to the City of Graham hereinafter shall be temporarily classified for single-family dwelling purposes only until permanently zoned by the governing body of the City of Graham. The City Planning Commission shall, within sixty (60) days after annexation of any territory to the City of Graham, institute proceedings on its own motion to give the newly annexed territory a permanent zoning, and procedure to be followed shall be the same as provided by law for the adoption of original zoning regulations. The Planning Commission shall, after due process as provided by law, make its recommendations to the City Council for permanent zoning of the newly annexed territory within one hundred twenty (120) days after the date of the annexation.

(Ord. No. 512, § 1, 8-17-78)

In an area temporarily classified for single-family dwelling purposes only, no permit for the construction of a building other than a single-family dwelling or accessory building shall be issued by the Building Inspector until such 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 by the City Council under the following conditions: An application for any use shall be made to the Building Inspector, said application to show the use contemplated, a plat showing size of the lot or tract of land being used, and the location of and the size and type of buildings to be constructed; and if such application is for other than a single-family dwelling or accessory building related thereto, it shall be referred by the Building Inspector to the City Plan Commission for consideration and its recommendation to the City Council, after giving due consideration to the type of permanent zoning to be applied to the area in which the application is located. Whenever such a recommendation is filed with the City Council, it shall be advisory only, and the City Council may grant or deny it as the facts may justify.

In an R-1 single-family dwelling district no land shall be used and no building shall be erected for or converted to any use other than:

(1)

A single-family residence.

(2)

A church or school, public or denominational having a curriculum equivalent to a public elementary or high school.

(3)

Public park, telephone exchange and necessary interior apparatus and facilities for communication service, provided no public business and no repair or storage facilities are maintained, fire station, water supply reservoir, water pumping plant, tower or artesian well; provided, however, that no such permit for water supply shall be granted unless and until after a public hearing and a special permit is granted therefore in accordance with the provisions of Article 13 of the Zoning Ordinance.

(4)

Railway right-of-way and tracts; passenger station but not including railroad yards, team tracts or storage yards.

(5)

Golf course, but not including miniature golf course, driving range or any other forms of commercial amusement.

(6)

Farm, truck garden, orchard or nursery for the growing of plants, shrubs and trees, provided no retail or wholesale business sales office is maintained on the premises.

(7)

Accessory buildings, including a private garage, bona fide servants' quarters not for rent but for the use of servants employed on the premises. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. When the accessory building is attached to the main building by a breezeway, the breezeway may be considered a part of the accessory building. When the breezeway extends into the required rear yard, it, together with the accessory building or buildings, may occupy not more than thirty (30) percent of the required rear yard. Nor shall the floor area of all the accessory buildings on the lot exceed fifty (50) percent of the floor area of the principal structure exclusive of breezeways and attached garage; provided, however, that this regulation shall not reduce the total floor area of all accessory buildings on one (1) lot to less than six hundred (600) square feet and shall not apply to bona fide farm and agricultural buildings.

(8)

Temporary buildings to be used for construction purposes only and which shall be removed upon completion or abandonment of construction work. Field offices for the sale of real estate which shall be removed upon request of Building Inspector.

(9)

Customary home occupations: Occupations ordinarily carried on in a home that are not detrimental or injurious to adjoining property. These may include serving of meals or renting of rooms to not more than five (5) persons not members of the household; dressmaking; millinery; hair styling; washing; ironing; gun repair, provided no sale of firearms, nor discharge of firearms, nor storage of ammunition allowed on premises; the office of a physician, dentist, surgeon, architect, lawyer, engineer, 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. Said incidental use shall never be permitted as a principal use, but only as a secondary use, when indispensably necessary to the enjoyment of the premises, and cannot involve the conduct of retail business. Customary home occupations shall not include barber shops, carpenter shops, electrician's shops, plumbers' shops, radio shops, tinners' shops, transfer or moving van offices, auto repairing, auto painting, furniture repairing, or sign painting, or other similar uses.

(10)

Bulletin boards and signs for churches and schools but not exceeding fifteen (15) square feet in area when attached to the building or when erected behind the front building line. Temporary signs, unilluminated, pertaining to the sale or rental of property and not exceeding twelve (12) square feet in area are permitted behind the building line, but shall be removed by the agent or owner immediately upon the sale or rental of the premises; provided, however, that no signs advertising the sale or lease of any premises shall advertise the premises for a purpose for which it is not legally zoned. One (1) larger sign announcing or describing a legally approved subdivision or development may be temporarily erected on each approved plat or development; provided, however, that such sign shall not exceed two hundred (200) square feet in area; provided, however, that the location of such sign be approved by the Building Inspector; that it shall be placed so as not to interfere with the occupancy or use of any lots in the subdivision and that it shall be removed upon the completion of sale of eighty-five (85) percent of the lots or dwellings in the subdivision. One (1) sign, which shall not exceed one (1) square foot in area, indicating the name of occupant or occupation of a customary home occupation, provided the sign is attached flatwise to the building.

(Ord. No. 308, § 1, 9-12-63; Ord. No. 780, § 2, 4-17-97)

No building shall exceed two and one-half (2½) standard stories in height.

(1)

Front yards.

(a)

There shall be a front yard having a minimum depth of twenty-five (25) feet except as hereinafter provided in Article 14, Paragraph 2.

(b)

Where lots have double frontage running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Side yards. There shall be a side yard on each side of the lot having a width of not less than ten (10) feet or ten (10) percent of the average width of the lot, whichever is smaller, but a side yard shall not be less than five (5) feet, except that the side yard adjacent to a side street shall not be less than fifteen (15) feet.

Attached garages or carports, except on corner lots adjacent to reverse frontage, shall comply with above side yard requirements. Detached garages and other accessory buildings located within the required rear yard, but not closer than fifteen (15) feet to the main building, may be located within five (5) feet of the side or rear lot line; provided, however, that the eaves, awnings, and/or roof overhang does not project beyond a point nearer than three (3) feet of a property line, and further provided that said accessory buildings may be located within two (2) feet of a lot line which is parallel to and adjacent to an alley but no eaves, awnings and/or roof overhang shall project beyond a point nearer than two (2) feet of said property line adjacent to any alley. Accessory buildings located nearer than fifteen (15) feet to the main building shall observe the same side yard rule as required for the main building.

Reverse frontage. On corner lots, where interior lots have been platted or sold, fronting on the side street, a side yard shall be provided on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project beyond the front line of the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street, and of record at the time of the passage of this ordinance, to less than twenty-eight (28) feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with. Provided further, however, that in cases where a public alley of a width not less than fifteen (15) feet separates the rear lot line of such corner lot with reversed frontage from the nearest lot line of the first lot or lots to the rear of such corner lot, then the width of the side yard of such corner lot with reversed frontage shall not be required to be of a greater width than fifteen (15) feet except, the width of the side yard shall be restricted so as not to project beyond the front yard line of the lots to the rear.

(3)

Rear yard. There shall be a rear yard having a depth of thirty (30) feet or thirty (30) percent of the average depth of the lot, whichever is smaller.

(4)

Area of the lot. The minimum area of the lot shall be seven thousand five hundred (7,500) square feet.

(5)

Width of lot. The minimum width of the lot shall be sixty (60) feet.

(6)

Minimum depth of lot. The minimum depth of the lot shall be one hundred twenty-five (125) feet.

(7)

Parking space. Off-street parking space shall be provided on the lot to accommodate two (2) motor cars for each dwelling unit, however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front yard.

(Ord. No. 512, § 1, 8-17-78)

The purpose of the zero lot line regulations is to provide for single-family detached residential structures with one (1) zero side setback area. The intent is to allow a single-family structure to be placed on smaller lot area and on a side lot line in order to provide a more usable side yard on the other side.

(Ord. No. 918, 11-2-06)

In an RZ-1 zero lot line district no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Any use permitted in an "R-1" district.

(Ord. No. 918, 11-2-06)

No building shall exceed two and one-half (2½) standard stories in height.

(Ord. No. 918, 11-2-06)

(1)

Front yards. There shall be a front yard having a minimum depth of twenty-five (25) feet except as hereinafter provided in Article 14, Paragraph 2.

(2)

Side yards. Structures shall be constructed on the side lot line on one (1) side of the lot and a side setback shall be provided on the other side of the said lot subject to the following conditions:

A.

The minimum width of the side setback shall be five (5) feet. The same side setback requirements shall be observed by accessory buildings.

B.

Reserved.

C.

A zero setback shall not be permitted when such lot abuts a non-zero lot line development, in which cast, a minimum side setback of five (5) feet shall be required.

D.

An exterior side setback of a minimum of fifteen (15) feet shall be required for corner lots.

E.

No openings for access, light or air shall be permitted in the wall on the zero setback side.

F.

The side setback shall be shown by building limit lines on the subdivision plat. Easements for access, drainage maintenance, and roof overhangs shall be established by notation on the plat.

(3)

Rear yard.

A.

There shall be a rear yard having a minimum depth of five (5) feet.

B.

The rear setback for rear entry garages shall be a minimum of twenty (20) feet.

(4)

Area of the lot. The minimum lot area shall be four thousand (4,000) square feet.

(5)

Width of the lot. The minimum width of the lot shall be forty (40) feet.

(6)

Minimum depth of the lot. The minimum depth of the lot shall be one hundred (100) feet.

(7)

Parking space. Off-street parking space shall be provided on the lot to accommodate two (2) motor cars for each dwelling unit.

(Ord. No. 918, 11-2-06; Amend. of 7-30-15)

(1)

Platting required. All blocks using the zero yard concept shall be platted or replatted to provide a zero-foot setback and a ten-foot side yard that shall be a easement for access, drainage, and maintenance.

(2)

Patterned yards. The first dwelling unit constructed on a lot within a block shall set the zero lot line pattern of yards for the remaining lots within the block.

(3)

Corner lot setback. Depending on the zero lot line pattern, the last corner lot may have a setback adjacent to the street and a ten foot setback on the interior side to maintain the pattern.

(4)

Roof overhangs. Roof overhangs may not project more than thirty-six (36) inches into the required access and maintenance easement and shall be guttered.

(5)

Fences. All fencing shall comply with existing fence regulations, except no sideyard fence parallel to the dwelling shall be allowed.

(Ord. No. 918, 11-2-06)

In an "R-2" district no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Any use permitted in an "R-1" district.

(2)

Two-family residences.

No building shall exceed two and one-half (2½) standard stories in height.

(1)

Front yard.

(a)

There shall be a front yard having a minimum depth of not less than twenty-five (25) feet except as hereinafter provided in Article 14, paragraph 2.

(b)

Where lots have double frontage, running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Side yards. There shall be a side yard on each side of the lot having a width of not less than ten (10) feet or ten (10) percent of the average width of the lot, whichever is smaller but a side yard shall not be less than five (5) feet except that the side yard of a corner lot adjacent to a side street shall not be less than fifteen (15) feet. On corner lots, where interior lots have been platted or sold, fronting on the side street, a side yard shall be provided as in the "R-1" district, Section 3, paragraph 2 (Reverse Frontage). Garages, carports and accessory buildings shall maintain side yards as provided in the "R-1" district, Section 3, paragraph 2.

(3)

Rear yard. There shall be a rear yard having a depth of thirty (30) feet or thirty (30) percent of the average depth of the lot whichever is smaller.

(4)

Area of the lot. Except as hereinafter provided all dwellings erected, enlarged, relocated, reconstructed or converted shall be located upon lots containing the following areas:

(a)

A lot on which a single-family dwelling is located shall contain not less than six thousand (6,000) square feet.

(b)

A lot on which a two-family dwelling is located shall contain not less than seven thousand two hundred (7,200) square feet.

(5)

Width of the lot. The minimum width of the lot shall be sixty (60) feet.

(6)

Parking regulations.

(a)

The parking regulations for single-family dwellings are the same as those in the "R-1" single-family dwelling district.

(b)

Whenever a structure is erected, converted, or structurally altered for a two-family dwelling, two (2) parking spaces shall be provided on the lot for each dwelling unit in the structure, however, no supporting members of any garage, carport or other automobile storage structure shall be located within the required front yard.

(Ord. No. 512, § 1, 8-17-78)

In an "MH" mobile home district no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Any use permitted in an R-2 residential district.

(2)

Mobile homes.

(Ord. No. 510, § 1, 8-3-78)

No building or structure shall exceed two and one-half (2½) standard stories in height or thirty-five (35) feet.

(Ord. No. 510, § 1, 8-3-78)

(1)

Front yard.

(a)

There shall be a front yard having a minimum depth of not less than twenty-five (25) feet.

(b)

Where lots have double frontage, running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Side yard. There shall be a side yard on each side of the lot having a width of not less than ten (10) feet or ten (10) percent of the average width of the lot, whichever is smaller but a side yard shall not be less than five (5) feet except that the side yard of a corner lot adjacent to a side street shall not be less than fifteen (15) feet. On corner lots, where interior lots have been platted or sold, fronting on the side street, a side yard shall be provided as in the "R-1" district, Section 3, paragraph 2, (Reverse Frontage). Garages, carports and accessory buildings shall maintain side yards as provided in the "R-1" district, Section 3, paragraph 2.

(3)

Rear yard. There shall be a rear yard having a depth of twenty (20) feet or twenty (20) percent of the average depth of the lot whichever is smaller.

(4)

Area of lot. Except as hereinafter provided all dwellings erected, enlarged, relocated, reconstructed or converted shall be located upon lots containing the following areas:

(a)

A lot on which a single-family dwelling is located shall contain not less than six thousand (6,000) square feet.

(b)

A lot on which a two-family dwelling is located shall contain not less than seven thousand two hundred (7,200) square feet.

(c)

A lot on which a mobile home is located shall contain not less than four thousand (4,000) square feet and any lot containing more than one (1) mobile home shall have at least two thousand five hundred (2,500) square feet per home.

(5)

Width of lot. The minimum width of the lot shall be forty (40) feet.

(6)

Parking regulations.

(a)

The parking regulations for single-family dwellings including mobile homes are the same as those in the "R-1" single-family dwelling district.

(b)

Whenever a structure is erected, converted or structurally altered for a two-family dwelling, one (1) parking space shall be provided on the lot for each dwelling unit in the structure, however, no supporting members of any garage, carport or other automobile storage structure shall be located within the required front yard.

(Ord. No. 510, § 1, 8-3-78)

All paved areas, permanent drives, streets and drainage structures, if any, shall be constructed in accordance with standard City of Graham specifications adopted for such purpose, and the same shall be done to the satisfaction of the director of public works.

(Ord. No. 510, § 3, 8-3-78)

All mobile homes located within the corporate city limits must comply with the Southern Standard Building Code's Manufactured Homes Tie Down Standards, Appendix H, Standard Building Code, 1991 edition.

(Ord. No. 749, § 1, 9-29-94)

All mobile homes located as a dwelling or business must be skirted with masonry, metal sheeting, or material acceptable to the building inspector.

(Ord. No. 749, § 1, 9-29-94)

In an "A" district no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Any use permitted in an "R-2" district.

(2)

Multiple-family dwelling.

(3)

Apartment buildings in which rooms and apartments are rented to resident guests but excluding all retail businesses.

(4)

Day nursery when domiciled in a private residence the main use of which is the operator's private dwelling.

(5)

Kindergartens, private schools teaching a curricula similar to public elementary and high schools, hospitals, clinics, convalescent homes, old people's homes, maternity homes and children's nurseries, except insane, liquor, feeble-minded, narcotic, animal hospitals and animal clinics.

(6)

Boarding and lodging houses.

(7)

Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business.

(8)

Accessory buildings, including a private garage and bona fide servants' quarters. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. When it is attached to the main building by a breezeway, the breezeway may be considered part of the accessory building. When the breezeway extends into the required rear yard, it, together with accessory building or buildings, may occupy not more than thirty (30) percent of the required rear yard, however, where a public alley provides the only access to a garage or accessory building and such alley provides open space between lots, more than thirty (30) percent of the required yard may be covered by accessory buildings provided that the minimum distance between the rear of the main building and the accessory building equals at least twenty (20) percent of the depth of the lot.

(Ord. No. 512, § 1, 8-17-78)

No building shall exceed two and one-half (2½) standard stories in height.

(Ord. No. 512, § 1, 8-17-78)

(1)

Front yard.

(a)

There shall be a front yard having a minimum depth of not less than twenty-five (25) feet except as hereinafter provided in Article 14, paragraph 2.

(b)

Where lots have double frontage, running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Side yards. There shall be a side yard on each side of the lot with minimum dimensions as follows:

(a)

For single-family residences the side yard shall not be less than ten (10) feet or ten (10) percent of the average width of the lot, whichever is smaller, but a side yard shall not be less than five (5) feet.

(b)

For a duplex or multiple-family dwelling where ends of the building are adjacent to and parallel to the side lot line or within thirty (30) degrees thereof the side yard shall be ten (10) feet or ten (10) percent of the average width of the lot, whichever is smaller, but in no case shall such side yard be less than five (5) feet.

(c)

For a duplex or multiple-family dwelling where sides of the building other than the ends are adjacent or parallel to the side yard lines or within thirty (30) degrees thereof, the side yard shall be not less than twenty-five (25) percent of the over-all length of the building side adjacent to the side yard line.

(d)

In all cases where the side yard is adjacent to a side street the side yard shall not be less than fifteen (15) feet. On corner lots where interior lots have been platted or sold fronting on the side street, a side yard shall be provided as in the "R-1" district, Section 3, Paragraph 2 (Reverse Frontage). Garages, carports and accessory buildings shall maintain side yards as provided in the "R-1" district, Section 3, Paragraph 2.

(3)

Rear yards. There shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot.

(4)

Area of the lot. Except as hereinafter provided, all dwellings hereinafter erected, enlarged, relocated, reconstructed, or converted, shall be located upon lots containing the following areas:

(a)

A lot on which there is erected a single-family dwelling shall contain not less than six thousand (6,000) square feet.

(b)

A lot on which there is to be erected or converted a two-family dwelling shall contain an area of not less than seven thousand two hundred (7,200) square feet.

(c)

A lot on which there is erected or converted a multiple-family dwelling shall contain an area not less than one thousand eight hundred (1,800) square feet per family. Any lot on which a multiple-family dwelling is erected shall contain a minimum of seven thousand two hundred (7,200) square feet.

(d)

Where a lot has less area than herein required and was of record prior to the effective date of this ordinance, that lot may be used for single-family dwelling purposes or for any non-dwelling use permitted in this article.

(5)

Width of the lot. The minimum width of the lot shall be sixty (60) feet.

(6)

Parking regulations.

(a)

The parking regulations for single-family dwellings are the same as those in the "R-1" single-family dwelling district.

(b)

Whenever a structure is erected or converted for two-family or multiple-family dwelling purposes, one and one-half (1½) parking spaces shall be provided on the lot but not in the required front yard for each dwelling unit in the structure. No open parking space shall be located nearer than two (2) feet to the side lot line.

(c)

Private clubs and lodges shall provide off-street parking space in a ratio of one (1) space for each one hundred fifty (150) square feet of floor area in the lodge or club, exclusive of storage area.

(d)

Places of public assembly, including among other buildings, assembly halls, schools, and other auditoriums and institutions shall provide off-street parking space on the lot sufficient to accommodate one (1) automobile for each eight (8) seats.

(Ord. No. 512, § 1, 8-17-78)

In an "O" district no land shall be used and no building or structure shall be altered, erected, relocated, reconstructed or converted which is arranged or designed or used for other than the following uses, none of which is intended to permit retail sales of any commodity other than services:

(1)

Financial offices.

(2)

Professional offices.

(3)

Doctors' and dentists' offices.

(4)

Personal services.

(5)

Real estate offices.

(6)

Business offices.

(7)

Consultants' offices.

(8)

Architects' or engineers' offices.

(9)

Attorneys' offices.

(10)

Salesmen's offices.

(11)

Political offices.

(12)

General offices.

(13)

Hospitals.

(14)

Pharmacy not exceeding one thousand (1,000) square feet of floor area.

(15)

Studios, dance, music, drama, health and reducing.

(16)

Accessory buildings, limited to the parking of automobiles and the storage of records and the equipment used and items for sale.

Signs shall be limited to the marquee, flat, wall or parapet type and shall not be of the flashing or intermittently lighting or rotary type.

(Ord. No. 512, § 1, 8-17-78)

No building or structure shall exceed two and one-half (2½) standard stories in height.

(Ord. No. 512, § 1, 8-17-78)

(1)

Front yard.

(a)

There shall be a front yard having a minimum depth of not less than thirty (30) feet, except as hereinafter provided in Article 14, paragraph 2.

(b)

Where lots have double frontage running through from one (1) street to another, the required front yard shall be provided on both sides.

(2)

Side yards. There shall be a side yard having a minimum width of fifteen (15) feet on both sides of the tract or lot or a minimum of thirty (30) feet between buildings if more than one (1) is created on a single lot or tract.

(3)

Rear yard. There shall be a rear yard having a minimum depth of twenty-five (25) feet.

(4)

Area of lot. No minimum area.

(5)

Width of lot. No minimum width.

(6)

Depth of lot. No minimum depth.

(7)

Miscellaneous requirements. A six-foot-high, solid masonry, screening wall shall be provided on the property line of any "O" district where it abuts a residential dwelling district of any type and such wall shall be constructed prior to the issuance of any occupancy permit to the intended occupant of any building or portion thereof.

(8)

Parking regulations. Off-street parking shall be provided at the minimum ratio of one (1) space for each two hundred fifty (250) square feet of building, except for doctors' and dentists' offices which shall have one (1) space for each three hundred (300) square feet of building.

(Ord. No. 512, § 1, 8-17-78)

In an "NS" district, no land shall be used and no building shall be used, created or converted to any use other than:

(1)

Any use permitted in an "O" office district.

(2)

Convenience grocery not exceeding two thousand (2,000) square feet.

(3)

Washateria, self-service.

(4)

Beauty shop.

(5)

Barber [shop].

(6)

Fruit stand.

(7)

Flower shop.

(8)

Shoe repair.

(9)

Watch repair.

(10)

Accessory buildings for the above uses.

All stores operating in this use district shall have hours of operation limited to 7:00 a.m. to 11:00 p.m.

No outside storage or display of merchandise [shall be] permitted within this district.

All signs shall be limited to the flat wall, parapet wall or marquee type, not to exceed twenty (20) square feet in size, limited to one (1) for each building occupant, and shall not be intermittently lighted or of the flashing or rotating type.

(Ord. No. 512, § 1, 8-17-78)

No building or structure shall exceed one (1) standard story in height, minimum seventeen (17) feet.

(Ord. No. 512, § 1, 8-17-78)

(1)

Front yard.

(a)

There shall be a front yard having a minimum depth of not less than fifty (50) feet.

(b)

Where lots have double frontage running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Side yards. There shall be a side yard having a minimum width of fifteen (15) feet on both sides of the lot or tract.

(3)

Rear yard. There shall be a rear yard having a minimum depth of twenty-five (25) feet.

(4)

Area of lot. No minimum area.

(5)

Width of lot. No minimum width.

(6)

Depth of lot. No minimum depth.

(7)

Intensity of use. The combined total building area of all structures on the lot, parcel or tract of land shall not exceed nine thousand (9,000) square feet and shall not occupy more than twenty-five (25) percent of the total site.

(8)

Miscellaneous requirements. A six-foot-high solid screening wall shall be provided on the property line of any "NS" district where it abuts a residential dwelling district of any type and such wall shall be constructed prior to the issuance of any occupancy permit to the intended occupant of any building or portion thereof.

(9)

Parking regulations. Off-street parking shall be provided at the minimum ratio of one (1) space for each four hundred (400) square feet of building.

(Ord. No. 512, § 1, 8-17-78)

In an "LR" district no land shall be used and no building shall be used, erected or converted to any use other than:

(1)

Any use permitted in any "NS" district.

(2)

Antique shop.

(3)

Art gallery.

(4)

Bakery, retail sales only (employing not more than five (5) persons on the premises).

(5)

Barber and beauty shop.

(6)

Book or stationery store.

(7)

Camera shop, retail sales only.

(8)

Candy, cigars and tobaccos, retail sales only.

(9)

Caterer and wedding service.

(10)

Cleaning and pressing shop having an area of not more than six thousand (6,000) square feet.

(11)

Curtain cleaning shop having an area of not more than six thousand (6,000) square feet.

(12)

Department store, novelty or variety shop, retail sales only.

(13)

Drugstore, retail sales only.

(14)

Electrical goods, retail sales only.

(15)

Electrical repairing, domestic equipment and autos, retail sales only.

(16)

Electric substation.

(17)

Exterminating company, retail.

(18)

Film developing and printing.

(19)

Fix-it shops, bicycle repairs, saw filing, lawn mower sharpening, retail only but without outside storage.

(20)

Florist, retail sales only.

(21)

Furniture repairs and upholstering, retail sales only and where all storage and display is within the building.

(22)

Gasoline filling stations.

(23)

Grocery store, retail sales only.

(24)

Hardware, sporting goods, toys, paints, wallpaper, clothing, retail sales only.

(25)

Household furnishings, appliances, retail sales only.

(26)

Ice delivery station.

(27)

Jewelry, optical goods, retail sales only.

(28)

Laundry, automatic, equipped with machines of the types customarily found in the home, where custom laundering and finishing may be done; the shop shall not exceed six thousand (6,000) square feet in area and no pickup and delivery shall be operated.

(29)

Letter and mimeograph shop.

(30)

Library, rental.

(31)

Meat market, retail sales only.

(32)

Mortuary.

(33)

Moving picture theater.

(34)

Musical instruments, retail sales only.

(35)

Nursery, retail sale of plants and trees.

(36)

Parking lot without public garage or other automobile facilities for the parking of passenger cars and trucks of less than one (1) ton capacity only.

(37)

Photographer's or artist's studio.

(38)

Plumbing shop, retail sales only, without warehouse facilities (to include storage for materials for contracting work).

(39)

Radio and television, retail sales only.

(40)

Restaurant or cafeteria without curb or drive-in service (service to be entirely within the building).

(41)

Retail store or shop for custom work done or the making of articles to be sold for retail on the premises.

(42)

Rug cleaning shop having an area of not more than six thousand (6,000) square feet, chemical type, where all cleaning operations are carried on within a building where rugs are laid flat on the floor, the chemical mixed with water, applied with a brush, and removed by vacuum cleaning, entirely without the generation of dust.

(43)

Savings and loan.

(44)

Seed store.

(45)

Seamstress, dressmaker or tailor.

(46)

Shoe repair shop, retail sales only.

(47)

Studio for the display and sale of glass, china, art objects, cloth and draperies.

(48)

Tailor.

(49)

Taxi.

(50)

Washaterias, equipped with automatic washing machines of the type customarily found in a home where the customers may personally supervise the washing and handling of their laundry.

(51)

Accessory buildings and uses customarily incident to the above; no accessory use shall be constructed to permit the keeping of articles or material in the open or on the outside of the building.

(52)

Commercial storage house for rent to the public for the purpose of storage of personal goods. No single storage house may exceed one thousand (1,000) square feet of floor space.

(Ord. No. 512, § 1, 8-17-78; Ord. No. 767, § 2, 11-30-95)

No building or structure shall exceed two and one-half (2½) standard stories in height.

(Ord. No. 512, § 1, 8-17-78)

(1)

Front yard.

(a)

There shall be a front yard having a minimum depth of not less than twenty-five (25) feet except as hereinafter provided in Article 14, paragraph 2.

(b)

Where lots have double frontage, running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Side yards. No side yards shall be required for retail use except:

(a)

On a corner lot, a side yard of ten (10) feet shall be required on the side street; and on corner lots where any use abuts residential lots fronting the side street a side yard of fifteen (15) feet (minimum) shall be provided (or as provided in paragraph 2, Section 3, [Article 3], concerning reverse frontage).

(b)

For a single-family dwelling, two-family dwelling or a multiple-family dwelling use, the side yard shall be ten (10) feet or ten (10) percent of the average width of the lot, whichever is smaller; but a side yard shall not be less than five (5) feet.

(c)

Any building hereafter erected, altered or converted for local retail or personal service use shall provide off-street parking space at the following ratio:

1.

Buildings having less than five thousand (5,000) square feet of floor area shall provide one (1) space for each five hundred (500) square feet of ground floor building area.

2.

Buildings having over five thousand (5,000) but not more than ten thousand (10,000) square feet of ground floor area shall provide ten (10) spaces plus one (1) space for each three hundred thirty-three (333) square feet of ground floor area above five thousand (5,000) square feet.

3.

Buildings having over ten thousand (10,000) square feet of ground floor area shall provide twenty-five (25) parking spaces plus one (1) space for each two hundred (200) square feet of ground floor area in excess of ten thousand (10,000) square feet.

4.

Buildings having local retail or professional office uses on floors above the ground floor shall provide off-street parking spaces at a ratio of one (1) space for each five hundred (500) square feet of floor area above the ground floor.

5.

Where more than one (1) building is located upon a lot the parking requirements shall be based upon the total floor area of all such structures.

(d)

Professional offices, other than medical or dental clinics shall provide off-street parking spaces at a ratio of one (1) parking space for each five hundred (500) square feet of floor space.

(e)

Establishments for the sale and consumption on the premises of food or refreshments shall provide off-street parking spaces at the ratio of one (1) space for each one hundred fifty (150) square feet of floor area.

(f)

Retail, office and service buildings shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to any public alley or private service drive to facilitate the movement of traffic on the public streets. Such space shall consist of a minimum area of ten (10) by twenty-five (25) feet for each twenty thousand (20,000) square feet of floor space, or fraction thereof, in excess of three thousand (3,000) square feet in the building or on the lot used for retail, storage or service purposes.

(3)

Rear yards. No rear yard shall be required for retail use except where a lot abuts a residential district and is not separated by an alley, in which event there shall be a rear yard on the rear of the lot equal to twenty (20) percent of the depth of the lot, but in no case shall such rear yard be less than fifteen (15) feet. For a single-family, two-family, or multiple-family dwelling use, there shall be a rear yard on the rear of the lot equal to twenty (20) percent of the depth of the lot.

(Ord. No. 512, § 1, 8-17-78; Ord. No. 767, § 3, 11-30-95)

In a "C" district, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Any use permitted in an "LR" district.

(2)

Agricultural implements, sales and service.

(3)

Artificial flower manufacture.

(4)

Artificial limb manufacture.

(5)

Automobile laundry.

(6)

Auto painting, auto upholstering.

(7)

Awning manufacture, cloth, metal, wood.

(8)

Aquarium, wholesale.

(9)

Bag cleaning, when equipped with a cyclone separator and bag filters with no exterior exhaust to cleaning equipment.

(10)

Book printing, binding, bindery.

(11)

Bottling works with syrup manufacture.

(12)

Bowling alley.

(13)

Bus and truck storage and repairs.

(14)

Cabinet shop.

(15)

Candy manufacture.

(16)

Canvas awning manufacture.

(17)

Car barns.

(18)

Carpenter shop.

(19)

Carpet cleaning, washing and scouring if dustproof room and dust-catching equipment is provided.

(20)

Carting, express, hauling or storage.

(21)

Cement storage.

(22)

Ceramic products, handcraft shop having an area of not more than six thousand (6,000) square feet.

(23)

Clothing manufacture.

(24)

Cold storage plant.

(25)

Commercial amusement.

(26)

Commercial colleges.

(27)

Cleaning and dry cleaning establishment having an area in excess of six thousand (6,000) square feet.

(28)

Contractors storage yard.

(29)

Creamery and dairy products manufacturing.

(30)

Dance halls and night clubs.

(31)

Driving range.

(32)

Drug manufacture.

(33)

Dry goods, wholesale and storage.

(34)

Dyeing plant having more than 6,000 square feet.

(35)

Egg candling and grading.

(36)

Electrical and neon sign manufacture.

(37)

Electrical repairing and welding.

(38)

Electro plating; electro typing.

(39)

Engraving plant.

(40)

Envelope manufacture.

(41)

Feed store, wholesale and storage.

(42)

Florist, wholesale.

(43)

Food products manufacture, frozen food lockers—wholesale.

(44)

Furniture repair and upholstering—wholesale.

(45)

Furniture auction sales.

(46)

Grocery store, wholesale and storage.

(47)

Hauling, light and heavy.

(48)

Household goods, storage.

(49)

Ice cream manufacture; ice manufacture.

(50)

Irrigation sales and service.

(51)

Job printing and book printing.

(52)

Laundry, commercial.

(53)

Leather products manufacture.

(54)

Lithographing.

(55)

Loading or storage tracks.

(56)

Looseleaf book manufacture.

(57)

Lumber yard (building materials).

(58)

Machine shop.

(59)

Market—public.

(60)

Mattress making and renovating—where dust precipitating equipment is used.

(61)

Milk depot, wholesale.

(62)

Millinery manufacture.

(63)

Miniature golf course.

(64)

Mirror resilvering.

(65)

Motion picture studio, commercial films.

(66)

Motorcycle repairing.

(67)

Motor freight terminal.

(68)

Moving and storage company.

(69)

Newspaper printing.

(70)

Night clubs.

(71)

Oil well equipment, service and supplies.

(72)

Oil well service equipment, storage.

(73)

Optical goods manufacture.

(74)

Paper products and paper box manufacturing.

(75)

Paint mixing, but excluding all cooking or baking operations of paints, varnish and lacquers.

(76)

Penal or correctional institutions for insane, feeble-minded, liquor or narcotic.

(77)

Photo engraving plant.

(78)

Plastic products, molding, casting and shaping.

(79)

Printing equipment, supplies, repairs.

(80)

Printing shop.

(81)

Schools—all types including trade and commercial colleges.

(82)

Secondhand furniture.

(83)

Seed company—wholesale.

(84)

Shoe store, wholesale sales and storage.

(85)

Skating rink.

(86)

Sheet metal shop.

(87)

Soap compounding (excluding manufacture from vegetable and animal products).

(88)

Storage or trucks, sand and gravel.

(89)

Storage and sale of used auto parts and accessories when located inside building and in which no automobiles for sale are stored or displayed in the open.

(90)

Stone mountain works—retail.

(91)

Storage warehouse.

(92)

Taxicab storage and repairs.

(93)

Team tracks and unloading docks, railroads.

(94)

Tire retreading and recapping.

(95)

Trade schools of all types.

(96)

Transfer and baggage company.

(97)

Trailer camp or tourist camp.

(98)

Truck manufacturing.

(99)

Type setting.

(100)

Warehouse, wholesale office, sales and storage.

(101)

Washing compound manufacturing.

(102)

Water distillation.

(103)

Any retail or wholesale use, provided such use is not noxious or offensive by reason of emission of odors, soot, dust, noise, fumes or vibrations, but excluding such uses as are enumerated in Article 10.

(104)

Accessory buildings and uses customarily incident to the above uses; no accessory use shall be constructed to permit the keeping of articles, goods or materials in the open or exposed to the public view. When necessary to store or keep such materials in the open, the lot or area shall be fenced with a solid fence or walls at least six (6) feet in height.

(105)

Any other establishment for the sale, but not manufacture, of goods or services not prohibited by law and not listed elsewhere in this ordinance.

(Ord. No. 512, § 1, 8-17-78)

No building shall exceed six (6) standard stories in height unless set back from all street lines one (1) foot for each two (2) feet of its height above such six-story limit.

[The following height regulations] apply to buildings within the boundaries of the City of Graham central business area, a map of which is attached and made a part of this ordinance: ^[5] No building shall exceed fifteen (15) standard stories in height unless such building or portion thereof is set back from all street lines one (1) foot for each four (4) feet to its height above such fifteen-story limit. Any further provided that, if at any level the building does not cover in excess of twenty-five (25) percent of the area of the lot, a tower of unlimited height may be erected above such level. Such tower shall not be located closer than fifteen (15) feet to any lot line and no street wall of such tower shall occupy more than sixty (60) percent of the frontage of the lot on which such wall faces.

(1)

Front yard. Where all the frontage on one (1) side of the street between two (2) intersecting streets is located in the "C" district, no front yard shall be required. When the frontage on one (1) side of the street between intersecting streets is located partly in the "C" district and partly in a more restricted use district, the front yard shall conform to the more restricted use district regulations.

(2)

Side yards. No side yard shall be required for commercial or retail use, except for a single-family dwelling, two-family dwelling, or multiple-family dwelling use, a side yard of ten (10) feet or ten (10) percent of the average width of the lot whichever is smaller, shall be required on each side of the lot; on the side of the lot adjoining a residential district, there shall be a side yard. No side yard shall be required where the "C" district is separated from any residential district by an alley. The minimum width of the side yard shall be five (5) feet when not separated from the residential district by an alley. On corner lots where property of "C" classification abuts lots or residential classification fronting the side street, buildings by the front yard requirements for the interior lots on the side street. This regulation shall not be interpreted as to reduce the buildable width of a corner lot, in separate ownership at the time of the passage of this ordinance, to less than twenty-eight (28) feet.

(3)

Rear yards. No rear yard shall be required for commercial or retail use except where a lot abuts a residential district and is not separated therefrom by an alley, in which event there shall be a rear yard on the rear of the lot equal to twenty (20) percent of the depth of the lot, but in no case shall such rear yard be less than fifteen (15) feet. For a single-family, two-family or multiple-family dwelling use, there shall be a rear yard on the rear of the lot equal to twenty (20) percent of the depth of the lot.

(4)

Area of the lot. The minimum lot area requirements for single-family, two-family or multiple-family dwellings shall be the same as those required for multiple-family dwellings in the "A" district.

(5)

Width of the lot. The minimum width of the lot shall be fifty (50) feet for a single-family dwelling, two-family dwelling or multiple-family dwelling use, for other uses the width may be less than fifty (50) feet.

(6)

Parking regulations.

(a)

The parking regulations for single-family, two-family and multiple-family dwellings are the same as those in the "A" multiple-dwelling district.

(b)

The parking regulations for clinics, hospitals, professional offices, clubs, lodges, places of public assembly, rooming and lodging houses are the same as those in the "O" office district.

(c)

The parking regulations for retail, personal service and restaurants are the same as those in the "LR" local retail district.

(d)

Business offices and banks shall provide off-street parking space at a ratio of one (1) space for each five hundred (500) square feet of floor area.

(e)

Bowling alleys shall provide off-street parking space at a ratio of three (3) spaces for each alley.

(f)

Motor-vehicle salesrooms and used car lots shall provide off-street parking space at a ratio of one (1) space for each one thousand (1,000) square feet of sales floor or lot area.

(g)

Dance halls, commercial amusement establishments, night clubs and skating rinks shall provide off-street parking space at a ratio of one (1) space for each one hundred (100) square feet of floor area used for dancing, amusement or skating.

(h)

Manufacturing, industrial and processing establishments, repair shops, warehouses, storage buildings, lumber and supply yards shall provide off-street parking space at a ratio of one (1) space for each five (5) employees. The maximum number of employees on duty at any time, day or night, shall be the basis of determining parking requirements for any establishment. Where the number of employees is indeterminate, off-street parking space shall be provided at a ratio of one (1) space for each one thousand (1,000) square feet of floor area.

(i)

Retail, office, service, industrial and manufacturing buildings shall provide and maintain off-street facilities for the loading and unloading of merchandise of goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public streets. Such space shall consist of a minimum area of ten (10) feet by twenty-five (25) feet for each twenty thousand (20,000) square feet of floor space or fraction thereof in excess of three thousand (3,000) square feet in the building or on the lot used for retail, storage or service purposes.

(Ord. No. 512, § 1, 8-17-78)

In a CR District the following uses are permitted:

(1)

Any use permitted in a commercial district, and any use permitted in an R-1 District, except that residential uses shall not be permitted in the story abutting street grade, unless such residential uses, and ingress and egress, exist in the story abutting street grade at the time of adoption of this article, in which cases, such uses shall continue to be permitted, from the time of adoption of this article, and further, such exception shall apply to contemporary owners, or subsequent owners, of such property.

(2)

Access to an area of residential use is permitted in this district provided that such access complies with the currently adopted City Fire and Building Codes concerning ingress and egress for life safety.

(Ord. No. 1170, § 2, 6-20-24)

In an "M" district, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Any use permitted in a "C" district, except that no building shall be erected or converted for dwelling purposes, provided however, that dwelling quarters may be established in connection with an industrial plant for a watchman and caretaker employed on the premises and provided further any existing dwelling within any "M" district may be repaired or altered. Mobile homes shall be permitted for dwelling or other purposes.

(2)

Adding machine manufacture.

(3)

Agricultural implement manufacture.

(4)

Alcohol manufacture.

(5)

Ammonia manufacture.

(6)

Aircraft parts manufacture.

(7)

Airplane repair and manufacture.

(8)

Asbestos products manufacture.

(9)

Automobile assembly.

(10)

Automobile parts manufacture, auto wrecking yard and salvage.

(11)

Bag manufacture and cleaning.

(12)

Blacksmith.

(13)

Bleachery.

(14)

Boiler manufacture and repair of boilers.

(15)

Bolt and nut manufacture.

(16)

Boot and shoe manufacture.

(17)

Brick pottery and tile manufacturing (other than handcraft products only).

(18)

Broom manufacture.

(19)

Box and crate manufacture.

(20)

Canning and preserving factory.

(21)

Carbon battery manufacture.

(22)

Carpet cleaning—if no dust proof cleaning rooms in which dust catching, washing and scouring equipment is provided.

(23)

Cast iron manufacturing and cast iron foundry.

(24)

Celluloid and similar cellulose manufacture.

(25)

Central station, light and power plant.

(26)

Chair manufacture.

(27)

Chick hatchery.

(28)

Coffin manufacture.

(29)

Concrete products, manufacturing.

(30)

Cooperage company.

(31)

Cottonseed products manufacture.

(32)

Disinfectant manufacture.

(33)

Dye manufacturing.

(34)

Electric lamp manufacture.

(35)

Electrical supply manufacture.

(36)

Electrical power plant.

(37)

Elevator manufacture.

(38)

Enameling and painting.

(39)

Fixture manufacture.

(40)

Floor milling and grain storage and elevators.

(41)

Forge works, powder foundry.

(42)

Furniture manufacture.

(43)

Fur warehouse.

(44)

Gasoline, wholesale storage.

(45)

Glass manufacturing.

(46)

Grain elevator.

(47)

Gravel crushing and screening.

(48)

Gravel pits, by special permit in accordance with provisions of Article 13.

(49)

Hardware manufacture.

(50)

Hosiery mill.

(51)

Horseshoeing.

(52)

House manufacture, ready built.

(53)

Insecticide manufacturing.

(54)

Iron works, ornamental.

(55)

Knit goods manufacture.

(56)

Livery stable.

(57)

Machinery manufacture.

(58)

Marble working and finishing.

(59)

Mattress factory.

(60)

Mattress renovating.

(61)

Metal products, stamping and manufacturing.

(62)

Office equipment manufacture.

(63)

Oil storage, wholesale.

(64)

Oil well machinery, manufacture.

(65)

Paint manufacturing.

(66)

Pattern shop.

(67)

Petroleum, wholesale storage.

(68)

Planing mill.

(69)

Poultry feed manufacture.

(70)

Poultry slaughtering.

(71)

Printing ink manufacture.

(72)

Public stable.

(73)

Railroad yards—round house or shop.

(74)

Refuse dump.

(75)

Rice cleaning and polishing.

(76)

Riding academy.

(77)

Rock crushing.

(78)

Rug manufacture.

(79)

Sand and gravel pits (by special permit, See Article 13).

(80)

Shoe factory.

(81)

Stable.

(82)

Stone cutting.

(83)

Stone quarry, by special permit in accordance with provisions of Article 13.

(84)

Storage battery manufacturing.

(85)

Storage of live poultry, or poultry dressing.

(86)

Tank manufacture.

(87)

Textile manufacture.

(88)

Tool manufacture.

(89)

Veterinary hospital.

(90)

Wastepaper products manufacturing.

(91)

Welding shop, acetylene.

(92)

Wood products manufacture.

(93)

Woodworking shops.

(94)

Wool pulling or combing.

(95)

Any manufacturing or industrial process not heretofore listed or hereinafter prohibited by ordinance of the City of Graham.

(96)

Accessory buildings and uses customarily incident to the above uses.

(Ord. No. 512, § 1, 8-17-78)

No building shall exceed six (6) standard stories in height unless set back from all lot lines or any required yard lines one (1) foot for each foot above such height limit. When a building is located on a lot adjoining a single-family district, a two-family or an apartment district, it shall not exceed three (3) standard stories in height unless it is set back one (1) foot from all required yard lines for each one (1) foot of additional height above such height limit.

(Ord. No. 512, § 1, 8-17-78)

(1)

Front yard. No front yard shall be required for a retail commercial or manufacturing use unless:

(a)

The street is less than fifty (50) feet in width, in which case a manufacturing or commercial structure shall be placed not less than twenty-five (25) feet from the center line of said street.

(b)

Where the frontage on one (1) side of a street within a block is partly in the "M" district and partially in a more restricted district, then the front yard shall conform to the front yard regulations of the more restricted district.

(2)

Side yard. No side yard shall be required for a retail, commercial or manufacturing use, except: On the side of a lot adjoining an R-1, R-2 or A district and not separated therefrom by an alley, there shall be a side yard of not less than five (5) feet. The side yard adjacent to a side street shall not be less than ten (10) feet.

(3)

Rear yard. No rear yard shall be required for a retail, commercial or manufacturing use, except where a lot abuts an R-1, R-2 or A district in which event there shall be a rear yard on the rear of the lot equal to twenty (20) percent of the depth of the lot. In no case shall a required rear yard be less than ten (10) feet in depth. No rear yard shall be required where the retail, commercial or manufacturing use is separated from the residential district by an alley.

(4)

Parking regulations.

(a)

The parking regulations for clinics, hospitals, clubs, lodges and places of public assembly are the same as those in the "O" office district.

(b)

The parking regulations for retail, personal services, professional offices and restaurants are the same as those in the "LR" local retail district.

(c)

Business offices and banks shall provide off-street parking space at a ratio of one (1) space for each five hundred (500) square feet of floor area.

(d)

Bowling alleys shall provide off-street parking space at a ratio of three (3) spaces for each alley.

(e)

Motor-vehicle salesrooms and used car lots shall provide off-street parking space at a ratio of one (1) space for each one thousand (1,000) square feet of sales floor or lot area.

(f)

Dance halls, commercial amusement establishments, night clubs and skating rinks shall provide off-street parking space at a ratio of one (1) space for each one hundred (100) square feet of floor area used for dancing, amusements or skating.

(g)

Manufacturing, industrial and processing establishments, repair shops, warehouses, storage building, lumber and supply yards shall provide off-street parking space at a ratio of one (1) space for each five (5) employees. The maximum number of employees on duty at any time, day or night, shall be the basis of determining parking requirements for any establishment. Where the number of employees is indeterminate, off-street parking space shall be provided at a ratio of one (1) space for each one thousand (1,000) square feet of floor area.

(h)

Retail office, service, industrial and manufacturing buildings shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot and adjacent to a public alley or private service drive to facilitate the movement of traffic on the public streets. Such space shall consist of a minimum area of ten (10) feet by twenty-five (25) feet for each twenty thousand (20,000) square feet of floor space or fraction thereof in excess of three thousand (3,000) square feet in the building or on the lot used for retail, storage or service purposes.

(Ord. No. 512, § 1, 8-17-78)

(1)

Conditional uses, "M" district. No building or land shall be used and no building shall be hereafter erected, structurally altered or enlarged for the following uses except upon a conditional use authorization by the City Council in accordance with the provisions of this section for such use in the "M" manufacturing district.

(1)

Abattoir.

(2)

Acetylene gas manufacture and storage.

(3)

Acid manufacture and storage.

(4)

Air products manufacture.

(5)

Asphalt plant.

(6)

Caustic soda manufacture.

(7)

Cement manufacture.

(8)

Chemical manufacture.

(9)

Chlorine manufacture.

(10)

Cotton ginning.

(11)

Creosote manufacture.

(12)

Explosives manufacture or storage.

(13)

Fat rendering.

(14)

Fuel gas manufacture.

(15)

Garbage or dead animal rendering.

(16)

Glue and fertilizer manufacture.

(17)

Lamp black manufacture.

(18)

Leather, curing or tanning.

(19)

Meat packing plant.

(20)

Nitrating of cotton or other materials.

(21)

Oil refinery.

(22)

Picric acid or its derivatives.

(23)

Petroleum wells.

(24)

Potash manufacture.

(25)

Raw hides and skins treatment and storage.

(26)

Reduction of ore, garbage, offal, etc.

(27)

Refinery, oil.

(28)

Rendering plant, animal.

(29)

Slaughterhouse.

(30)

Soap manufacturing from vegetable and animal products.

(31)

Soda ash manufacture.

(32)

Stock yards.

(33)

Sulphuric or sulphurous acid or their derivatives.

(34)

Tar products manufacture.

This provision does not apply to an expansion of facilities on a tract improved at the time of passage of this ordinance.

The Zoning and Planning Commission shall report on the effect of any such proposed use on matters pertaining to the health, safety, and general welfare of the area surrounding, and the community as a whole, and may recommend to the City Council special regulations or precautions to lessen the danger or objectionable features of such proposed use. In the preparation of such report the Zoning and Planning Commission shall confer specifically with the Health Department, Fire Department and the Department of Public Works.

If the report of the Zoning and Planning Commission is not submitted to the City Council within thirty (30) days, such application shall be deemed as approved by the Zoning and Planning Commission, in which case the applicant may appeal direct to the City Council. In case of no action by the City Council within a period of thirty (30) days following the submission of the report by the City Planning Commission or the appeal by applicant, the application shall be deemed as approved.

(1)

Any use permitted in an "R-1" district.

(2)

Townhouses, as defined herein.

(Ord. No. 559, § 1(1), 1-15-81)

No building shall exceed two and one-half (2½) standard stories in height.

(Ord. No. 559, § 1(2), 1-15-81)

(1)

Front yard. There shall be a front yard having a minimum depth of twenty (20) feet.

(2)

Side yard. There shall be a side yard on each end unit, having a width of not less than five (5) feet, except that the side yard adjacent to a street shall not be less than fifteen (15) feet. On corner lots, where interior lots have been platted or sold, fronting on the side street, a side yard shall be provided as in the "R-1" district, section 3, paragraph 2 (reverse frontage). Garages, carports and accessory buildings shall maintain side yards as provided in the "R-1" district, section 3, paragraph 2.

(3)

Rear yard. There shall be a rear yard having a minimum depth of five (5) feet.

(4)

Area of lot. The minimum area of the lot shall be three thousand (3,000) square feet.

(5)

Width of lot. The minimum width of the lot shall be thirty (30) feet.

(6)

Minimum depth of lot. The minimum depth of the lot shall be one hundred (100) feet.

(7)

Parking space. Off-street parking space shall be provided on the lot to accommodate two (2) motor cars for each dwelling unit.

(Ord. No. 559, § 1(3), 1-15-81)

The purpose of this district is to accommodate planned associations of uses developed as integral land use units such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple- or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners.

(Ord. No. 512, § 1, 8-17-78)

The City Council of the City of Graham, after public hearing and proper notice to all affected property owners and after recommendation by the City Plan Commission, may authorize the creation of a planned development district on sites of five (5) acres or more to accommodate various types of developments and conditions of development for any use or combination of uses permitted within the City of Graham by this ordinance. The uses to be permitted in any specific planned development district shall be enumerated in the ordinance establishing such district and shown on the approved plan for development which becomes part of said ordinance.

(Ord. No. 512, § 1, 8-17-78)

In approving the development plan and the ordinance establishing the planned development district, the City Council shall, after recommendation by the City Plan Commission, specify such maximum height, floor-area ratio, density and minimum off-street parking and loading standards within the limits of those specified in the districts listed for the specific uses involved as is appropriate for the development. The City Council shall, after receiving the recommendation of the City Plan Commission, establish the standards for yards, signs, building spacing, site coverage, access, screening or landscaping, building area, open space pedestrianways, public or private streets and alleys to be observed in the planned development district and such standards shall be specified in the ordinance establishing the district.

(Ord. No. 512, § 1, 8-17-78)

(a) There is hereby created Planned Development District No. 1, of whose boundaries are described to wit:

Lots 14 thru 26, Block 17, Original Town; Lots 17 thru 32, Block 37, Original Town; Lots 1 thru 16, Block 18, Original Town; Lots 1 thru 16, Block 36, Original Town of Graham, Texas.

(1)

Land uses. No land shall be used for and no building shall be erected for or converted to any other use other than:

a.

Single-family residence;

b.

Doctors' and dentists' offices;

c.

Real estate offices;

d.

Title and abstract offices;

e.

Architect and engineers' offices;

f.

Financial institutes;

g.

Attorneys' offices;

h.

Churches provided, however, that existing residential structures may not be converted to a church;

i.

Accountant offices;

j.

Business offices, when sales of goods and merchandise to general public not involved;

k.

Antique shops;

l.

Art gallery;

m.

Book or stationery store;

n.

Camera shop, retail sales only;

o.

Candy, retail sales only;

p.

Gift and specialty shop, retail sales only, having an area of not more than four thousand (4,000) square feet;

q.

Pharmacy, retail sales only;

r.

Florist, retail sales only;

s.

Toys, clothing, retail sales only;

t.

Jewelry, optical goods, retail sales only;

u.

Music store, retail sales only, no outside speakers;

v.

Photographers' or artists' studio;

w.

Retail store or shop for custom work of arts and crafts to be sold for retail on the premises;

x.

Seamstress, dressmaker or tailor;

y.

Studio for the display and sale of glass, china, art objects, cloth draperies;

z.

Bed and breakfast facility, hosted, or un-hosted;

aa.

Accessory buildings shall be limited to the parking of automobiles and the storage of materials and equipment incident to the above; all accessory use shall be enclosed and no keeping materials and equipment shall be in view of the public eye.

(2)

Signs. Signs shall be limited to the flat wall or parapet type and shall not be of the flashing or intermittently lighting or rotary type. Signs shall be placed only on the front of the structure facing the street. No plastic signs shall be allowed and lighting may be indirect only.

Signs shall not exceed sixteen (16) square feet of surface area. No off- premises advertising signs shall be erected or otherwise placed upon any lot in the planned development.

(3)

Height regulations. No building or structure shall exceed two and one-half (2½) standard stories in height or thirty-nine (39) feet.

(4)

Area requirements.

a.

Front yard.

1.

Elm Street - All new structure shall have a minimum front yard established by a front building line eighty-five (85) feet from and parallel to the center line of Elm Street for any lot fronting or abutting Elm Street. No parking or any other use is allowable in this required front yard other than landscaping and beautification except that entry and exit drives not exceeding twenty (20) feet in width shall be allowed.

2.

Cherry Street, Oak Street, South Street, First Street, and Second Street - There shall be a minimum front yard established by a front building line twenty (20) feet from the front property line. Parking shall be allowed within this required front yard on these streets only.

b.

Side yard. There shall be a side yard having a minimum width of not less than ten (10) feet except where a building spans more than one lot and the architectural façade has the appearance of a single building, then the side yard is required only at the ends of the building.

c.

Rear yard. There shall be a ten-foot rear yard except where lots abutting at the rear are under single ownership and are to be used as a single tract for one building or facility, then no rear yard shall be required.

(5)

Construction. The architectural design of all new buildings and the remodeling of existing buildings shall take into account the objective of maintaining the historical and aesthetic value of the appearance of properties fronting Elm Street. Conversion of existing structures into acceptable land uses shall be given first priority. All new buildings must be either wood frame or masonary construction, not to exceed four thousand (4,000) square feet. Metal buildings prohibited.

(6)

Parking. Automobile parking space requirements shall be in accordance with the parking requirements for various land uses as set out in the zoning ordinance of the City of Graham. No automobile parking space shall be located closer than eighty (80) feet to the center line of Elm Street. All parking spaces must be asphalt or concrete.

(7)

Landscaping. A minimum of ten (10) percent of the total lot area shall be landscaped. This shall include landscaping of a minimum of two (2) percent of all parking areas.

Special attention shall be given to the preservation of existing trees, particularly those trees located within the required front yard along Elm Street.

(8)

Site plan. No building can be erected, altered, or demolished without first obtaining a building permit from the City of Graham. Prior to issuing a building permit, a site plan shall be submitted to the Planning and Zoning Commission and City Council for approval and shall include but not be limited to the following:

a.

Building locations;

b.

Parking (showing each space);

c.

Landscaping;

d.

Screening walls (if any);

e.

Topography and drainage;

f.

Fire lanes;

g.

Drives, walks, and other site improvements;

h.

Building elevations (front, side and rear);

(9)

Special requirements.

a.

Where a corner lot exists, a side yard setback of twenty (20) feet shall be required along the side of the lot along the secondary street except that no building may be located closer to Elm Street than eighty-five (85) feet from the center line of Elm Street. Parking shall be allowed within this side yard excluding areas within eighty-five (85) feet of the center line of Elm Street.

b.

Entrance and exit drives off Elm Street shall not occupy more than twenty (20) percent of the required front yard (e.g., lot with fifty (50) feet frontage may have drives not exceeding ten (10) feet in width; lot with one hundred (100) feet frontage, maximum twenty (20) feet wide drive, etc.).

(b)

This Planned Development District No. 1 with reference to the hereinabove described property, authorized by Article 11 of said ordinance as amended is approved and granted upon the following express conditions, and adopted as part of the zoning ordinance.

(c)

All paved areas, permanent drives, streets and drainage structure, if any, shall be constructed in accordance with standard City of Graham specifications adopted for such purpose, and the same shall be done to the satisfaction of the Director [of] Public Works.

(d)

Any person, firm or corporation violating any of the terms and provisions of the ordinance shall be subject to the same penalties provided for in Ordinance No. 272.

(e)

Should any section, subsection, sentence, provisions clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this ordinance, and same are deemed severable for this purpose.

(f)

Whereas, it appears that the subject property of this ordinance is to be used under Planned Development District No. 1 and will serve the public interest, comfort and general welfare, peace, comfort and general welfare and requires that this ordinance shall take effect immediately from and after its passage and it is accordingly so ordained.

(Ord. No. 856, 11-14-02)

Editor's note— Ord. No. 856, adopted Nov. 14, 2002, repealed App. A, Art. 11, § 4, and enacted a new § 4 as set out herein. The former § 4 pertained to similar subject matter and derived from Ord. No. 637, adopted Aug. 7, 1986.

(a)

There is hereby created Downtown Development District No. 1, of whose boundaries are described [to] wit:

Establishing a Point of Beginning at the geographic center of Southeast comer of 5th Street and Grove Street running due east along 5th Street, including only those parcels on the south side of 5th Street, and ending at the northeast corner of the parcel with physical address of 401 Echo Street and legal description of Original Town of Graham, Block 23, Lot 17. Continuing from the northeast corner of the parcel with physical address of 401 Echo Street running in a southerly direction along the eastern boundaries of the parcels which face the eastern side of Echo Street thence crossing 4th Street to the northeast corner of the parcel with a physical address of 620 4th Street and legal description of Original Town of Graham, Block 7, Lots 2—3. Continuing from the northeast corner of the parcel with a physical address of 620 4th Street running in a southerly direction along the west side of Cherry Street, including only those parcels which are on the west side of Cherry Street, thence crossing 2nd Street, and ending at the southeast corner of the parcel with physical address of 700 Cherry Street and legal description of Original Town of Graham, Block 18, Lots 17—18. Continuing from the southeast corner of the parcel with physical address of 700 Cherry Street running in a westerly direction along the southern boundary of the parcels which face 2nd Street to the southwest corner of the parcel with physical address of 701 Grove Street and legal description of Original Town of Graham, Block 16, west 125 feet of Lots 15—16. Continuing from the southwest corner of the parcel with physical address of 701 Grove Street running due north along the east side of Grove Street, including only those parcels on the east side of Grove Street, and ending at the Point of Beginning.

(1)

Land uses. To be determined.

(2)

Signs. To be determined.

(3)

Height regulations. To be determined.

(4)

Area requirements. To be determined.

(5)

Construction. To be determined.

(6)

Parking. To be determined.

(7)

Landscaping. To be determined.

(8)

Site plan. No building can be erected, altered, or demolished without first obtaining a building permit from the City of Graham. Prior to issuing a building permit, a site plan shall be submitted to the Planning and Zoning Commission and City Council for approval and shall include, but not be limited to, the following:

a.

Building locations;

b.

Parking (showing each space);

c.

Landscaping;

d.

Screening walls (if any);

e.

Topography and drainage;

f.

Fire lanes;

g.

Drives, walks, and other site improvements;

h.

Building elevations (front, side and rear).

(b)

This Downtown Development District No. 1, with reference to the hereinabove described property, authorized by the Appendix A, Article 11, of the Code of Ordinances of the City of Graham (as amended), is approved and granted upon the following express conditions, and adopted as part of the zoning ordinance.

(c)

It is herein expressly noted that a certain portion of the southern boundary of Downtown Development District No. 1 (DDD No. 1) overlaps with Planned Development District No. 1 (PDD No. 1, a District described in Appendix A, Article 11, Section 4 of the Code of Ordinances of the City of Graham (as amended)); in those instances where provisions of DDD No. 1 and PDD No. l are found to be in conflict, the provisions governing PDD No. 1 shall prevail.

(d)

All paved areas, permanent drives, streets, and drainage structures, if any, shall be constructed in accordance with standard City of Graham specifications adopted for such purpose, and the same shall be done to the satisfaction of the Director of Public Works.

(e)

Any person, firm or corporation violating any of the terms and provisions of the ordinance shall be subject to the penalties provided in Appendix A, Article 21 of the Code of Ordinances of the City of Graham (as amended).

(Ord. No. 1148, § 2, 5-25-23)

(a)

The area described at Section 4.1 as Downtown Development District (DDD) No. 1 shall be zoned as Commercial/Residential (CR).

(b)

No use other than Commercial/Residential (CR) shall be allowed in Downtown Development District No. 1 except upon approval of a conditional use authorization by the City Council in accordance with the provisions of the Zoning Ordinance in force at the time of application. The requirement for approval of a conditional use authorization shall not apply to those structures excepted at subparagraphs (c) and (d) below.

(c)

It is expressly noted that any structure which is exclusively used as a residential structure and is located within the boundaries of DDD No. 1, at the time of adoption of this section, shall retain its existing zoning classification, special use permission, or variance (as applicable), until the structure's purpose is no longer exclusively residential, or the structure is demolished. Upon either of the foregoing events, the zoning of the location of the structure shall convert to the zoning described herein.

(d)

It is further expressly noted that structures existed within the District which, at the time of adoption of the section, contained residential facilities on the floor abutting street grade. This section specifically provides an exception for those existing structures which contained residential facilities on the floor abutting street grade at the time of adoption of this section. Such exception shall continue until the structure is demolished. Upon demolition of a structure described herein, the zoning of the location of any new structure shall convert to the zoning described herein.

(Ord. No. 1170, § 2, 6-20-24)

(a)

There is hereby created Planned Development District No. 2, of whose boundaries are described to wit:

5.34 acres out of 18.5 acre tract described in deed from Riggs to GISD recorded in Vol. 434 Pg. 280 of Deed Records of Young County, described as follows:

Beginning at iron rod for northwest corner of said 18.5 acre tract,

Thence S 0-03 E with east line of said 18.5 acre tract 503.3 feet to nail at fence corner,

Thence N 87-06 west with fence 477.0 feet to spike set in east line of Cliff Drive,

Thence N 0-03 E 225.0 feet to spike set in east line of Cliff Drive,

Thence East 2.5 feet to spike set in east line of Cliff Drive at southeast corner of 0.4346 acre tract described in deed to City of Graham recorded in Vol. 707 pg. 403 of Deed Records of Young County for extension of Cliff Drive,

Thence with east line of Cliff Drive extension N 0-03 E 26.0 feet to beginning of curve to right with a radius of 2827.3 feet and continuing along arc of radius 228.5 feet to spike set at intersection with north line of 18.5 acre tract,

Thence East 463.7 feet to place of beginning.

(1)

Land uses. No land shall be used for and no building shall be erected for or converted to any other use other than:

a.

Assisted living center.

(2)

Height regulations. No building or structure shall exceed two and one-half (2½) standard stories in height or thirty-nine (39) feet.

(3)

Area requirements.

a.

Front yard. Where all the frontage on one side of the street between two (2) intersecting streets is located in Planned Development District No. 2, no front yard shall be required. When the frontage on one side of the street between intersecting streets is located partly in Planned Development District No. 2 and partly in a more restricted use district, the front yard shall conform to the more restricted use district.

b.

Side yards. No side yard shall be required where the Planned Development District No. 2 is separated from any residential district by an alley. The minimum width of the side yard shall be five (5) feet when not separated from any residential district by an alley.

c.

Rear yard. No rear yard shall be required where the Planned Development District No. 2 is separated from any residential district by an alley. The minimum depth of the rear yard shall be fifteen (15) feet when not separated from any residential district by an alley.

(4)

Parking. Off-street automobile parking spaces shall be provided at a minimum ratio of one space per seventy-five (75) percent of existing living units and one (1) space per two hundred fifty (250) square feet of building used as office space.

(b)

This Planned Development District No. 2 with reference to the hereinabove described property, authorized by Article 11 of the Graham Zoning Ordinance, as amended is approved and granted upon the following express conditions, and adopted as part of the zoning ordinance.

(c)

All paved areas, permanent drives, streets and drainage structures, if any, shall be constructed in accordance with standard City of Graham specifications adopted for such purpose, and the same shall be done to the satisfaction of the Director of Public Works.

(d)

Any person, firm or corporation violating any of the terms and provisions of the chapter shall be subject to the same penalties provided for in Ordinance No. 272.

(e)

Should any section, subsection, sentence, provisions clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of the ordinance, and same are deemed severable for this purpose.

(f)

Whereas, it appears that the subject property of this ordinance is to be used under Planned Development District No. 2 and will serve the public interest, comfort and general welfare, peace and requires that this ordinance shall take effect immediately from and after its passage and it is accordingly so ordained.

(Ord. No. 778, 12-19-96)

(a)

There is hereby created Planned Development District No. 3, of whose boundaries are described to wit:

(To be provided by survey)

(b)

This Planned Development District No. 3 with reference to the hereinabove described property, authorized by Appendix A—Zoning, Part B, Article 11 of the City of Graham Code of Ordinances, as amended, is approved and granted upon the following expressed conditions, and adopted as part of the Zoning Ordinance.

(1)

Land uses. No land shall be used for and no building shall be erected for or converted to any use other than those uses authorized and approved in accordance with the City of Graham, Code of Ordinances, Appendix A—Zoning, Article 13. Special permits:

The City Council of the City of Graham may, with a three-fourths vote of all members of the City Council, after public hearing and proper notice to all parties affected, and after recommendation from the City Planning Commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following in the specified districts:

(27) Any use in Planned Development District No. 3.

(2)

Height regulations. The height of all buildings and structures shall be determined by the City of Graham in the consideration of the special permit in accordance with subsection (b)(1) land uses as stated above.

(3)

Area regulations. Area requirements shall be in accordance with the area requirements for various land uses as set out in Appendix A—Zoning of the City of Graham Code of Ordinances, except no rear yard shall be required to exceed twenty (20) feet.

(4)

Construction. Construction of all new buildings and the remodeling of existing buildings shall be in accordance with any and all regulations of the Code of Ordinances of the City of Graham.

(5)

Parking and loading. Automobile parking space requirements and loading space requirements shall be in accordance with parking and loading requirements for various land uses as set out in Appendix A—Zoning of the City of Graham Code of Ordinances. All parking and loading spaces must be asphalt or concrete.

(6)

Landscaping, screening and buffering.

a.

Screening shall be provided on the property line of the planned development district where it abuts a residential dwelling district of any type or property used for residential purposes. Such screening shall include the use of berms, landscaping plantings, hedges and/or walls, or a combination of them that is deemed adequate by the City of Graham. Such adequate screening must be constructed prior to the issuance of any occupancy permit to the intended occupant of any building or portion thereof.

b.

All parking lots, other than for single-family residences, shall be landscaped, screened and irrigated. Areas to be landscaped include street frontages, perimeter boundaries of a parking lot adjacent to a residence or a residential district. Annual and perennial plantings are encouraged.

c.

All applicants for proposed development approval shall submit a landscape plan as a part of the overall parking plan showing the proposed landscaping and buffering of the parking lot. The plan shall include:

1.

Street frontage(s). Parking lots adjacent to a street shall provide a landscaped area between the street and the parking area that shall include the use of berms, landscaping plantings, hedges and/or walls, or a combination of them, deemed adequate by the City of Graham. The intent of this landscaped area is to present an attractive appearance from the street and to soften the appearance of the parking lot and vehicles.

2.

Parking adjacent to a residential use. Parking adjacent to property used for residential purposes shall have a minimum fifteen-foot landscaped area which includes landscaped berms, landscaped plantings, hedges, fences, walls, or a combination thereof, deemed adequate by the City of Graham, to buffer the residential use from the parking lot by reducing the impact of parking lot lighting and noise.

3.

Parking lot interior landscape planting. The interior of a parking lot, in excess of fourteen (14) spaces, shall include landscaping to break up the expanse of asphalt and where deemed appropriate, by the City of Graham, to provide pedestrian connections from the parking lot to the building. The landscaping shall be five (5) percent of the interior parking lot.

d.

All landscaping areas shall be kept and maintained in a suitable manner at all times.

(7)

Noise. The consistent noise level at the property line at ground level where it abuts a residential dwelling district of any kind, shall not exceed sixty-five decibels (65 dBA), except for events open to the public and for which a temporary permit for such event has been issued by the City Council.

(8)

Lighting.

a.

Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not create or cause excessive glare onto adjacent properties and public street right-of-way.

b.

The maximum light level shall not exceed an additional 0.5 maintained footcandle at the property line at ground level where it abuts a residential dwelling district of any kind, and an additional 2.0 maintained footcandle at any public street right-of-way. All light fixtures installed under authorization of public agencies for illuminating streets are exempt from this provision.

c.

The mounting height of all outdoor lighting, shall not exceed forty-one (41) feet above finished grade.

(9)

Signs. The regulation for all signs will be in accordance with the City of Graham, Code of Ordinances.

(c)

That all paved areas, permanent drives, streets, drainage structures, and utilities, shall be constructed in accordance with standard City of Graham specifications adopted for such purpose, and the same shall be done to the satisfaction of the Director of Public Works.

(d)

Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties provided for in Appendix A—Zoning, Part B, Article 21, Penalty for violation.

(e)

Should any section, subsection, sentence, provision, clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this ordinance, and same are deemed severable for this purpose.

(f)

Whereas, it appears that the subject property of this ordinance is to be used under Planned Development District No. 3 and will serve the public interest, comfort and general welfare, peace and requires this ordinance shall take effect immediately from and after its passage and it is accordingly so ordained.

(Ord. No. 871, 4-1-04)

(a)

There is hereby created Planned Development District No. 4, of whose boundaries are described in Appendix A.

(b)

This Planned Development District No. 4 with reference to the hereinabove described property, authorized by Appendix A—Zoning, Part B, Article 11 of the City of Graham Code of Ordinances, as amended, is approved and granted upon the following expressed conditions, and adopted as part of the zoning ordinance.

(1)

Land uses. No land shall be used for and no building shall be erected for or converted to any use other than:

a.

Medical office;

b.

Auto dealership;

c.

Mortuary;

d.

Church;

e.

Governmental office;

f.

Hotel;

g.

Restaurant;

h.

Convenience store or travel center with fuel sales;

i.

Travel center. Travel center means, with respect to any property, collectively, the hospitality, fuel, and service centers located at such property, including hotel, food and beverage services facilities, fuel pumps, facilities for the underground storage and distribution of petroleum products, retail shops and other facilities and services.

Any other use must be authorized and approved in accordance with the City of Graham, Code of Ordinances, Appendix A—Zoning, Article 13, Special permits:

The City Council of the City of Graham may, with a three-fourths vote of all members of the City Council, after public hearing and proper notice to all parties affected, and after recommendation from the City Planning Commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following in the specified districts:

(28) Any use not provided for in Planned Development District No. 4.

(2)

Site plan. No building can be erected, altered, or demolished without first obtaining a building permit from the City of Graham. Prior to issuing a building permit, a site plan shall be submitted to the Planning and Zoning Commission and City Council for approval and shall include but not be limited to the following:

a.

Building locations;

b.

Parking (showing each space);

c.

Landscaping;

d.

Screening walls (if any);

e.

Topography and drainage;

f.

Fire lanes;

g.

Drives, walks, and other site improvements;

h.

Building elevations (front, side, and rear);

i.

Travel center means, with respect to any property, collectively, the hospitality, fuel, and service centers located at such property, including hotel, food and beverage services facilities, fuel pumps, facilities for the underground storage and distribution of petroleum products, retail shops and other facilities and services.

(3)

Height regulations. The height of all buildings and structures shall be determined by the City of Graham in the consideration of the site plan with subsection (b)(2) site plan as stated above.

(4)

Area regulations. Area requirements shall be in accordance with the area requirements for various land uses as set out in Appendix A—Zoning of the City of Graham Code of Ordinances, except no rear yard shall be required to exceed twenty (20) feet.

(5)

Construction. Construction of all new buildings and the remodeling of existing buildings shall be in accordance with any and all regulations of the Code of Ordinances of the City of Graham.

(6)

Parking and loading. Automobile parking space requirements and loading space requirements shall be in accordance with parking and loading requirements for various land uses as set out in Appendix A—Zoning of the City of Graham Code of Ordinances. All parking and loading spaces must be asphalt or concrete.

(7)

Landscaping, screening and buffering.

a.

Screening shall be provided on the property line of the planned development district where it abuts a residential dwelling district of any type or property used for residential purposes. Such screening shall include the use of berms, landscaping plantings, hedges and/or walls, or a combination of them that is deemed adequate by the City of Graham. Such adequate screening must be constructed prior to the issuance of any occupancy permit to the intended occupant of any building or portion thereof.

b.

All parking lots, other than for single-family residences, shall be landscaped, screened and irrigated. Areas to be landscaped include street frontages, perimeter boundaries of a parking lot adjacent to a residence or a residential district. Annual and perennial plantings are encouraged.

c.

All applicants for proposed development approval shall submit a landscape plan as a part of the overall parking plan showing the proposed landscaping and buffering of the parking lot. The plan shall include:

1.

Street frontage(s). Parking lots adjacent to a street shall provide a landscaped area between the street and the parking area that shall include the use of berms, landscaping plantings, hedges and/or walls, or a combination of them, deemed adequate by the City of Graham. The intent of this landscaped area is to present an attractive appearance from the street and to soften the appearance of the parking lot and vehicles.

2.

Parking adjacent to a residential use. Parking adjacent to property used for residential purposes shall have a minimum fifteen-foot landscaped area which includes landscaped berms, landscaped plantings, hedges, fences, walls, or a combination thereof, deemed adequate by the City of Graham, to buffer the residential use from the parking lot by reducing the impact of parking lot lighting and noise.

3.

Parking lot interior landscape planting. The interior of a parking lot, in excess of fourteen (14) spaces, shall include landscaping to break up the expanse of asphalt and where deemed appropriate, by the City of Graham, to provide pedestrian connections from the parking lot to the building. The landscaping shall be five percent of the interior parking lot.

d.

All landscaping areas shall be kept and maintained in a suitable manner at all times.

(8)

Noise. The consistent noise level at the property line at ground level where it abuts a residential dwelling district of any kind, shall not exceed sixty-five decibels (65 dBA), except for events open to the public and for which a temporary permit for such event has been issued by the City Council.

(9)

Lighting.

a.

Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not create or cause excessive glare onto adjacent properties and public street right-of-way.

b.

The maximum light level shall not exceed an additional 0.5 maintained footcandle at the property line at ground level where it abuts a residential dwelling district of any kind, and an additional 2.0 maintained footcandle at any public street rights-of-way. All light fixtures installed under authorization of public agencies for illuminating streets are exempt from this provision.

c.

The mounting height of all outdoor lighting, shall not exceed forty-one (41) feet above finished grade.

(10)

Signs. The regulation for all signs will be in accordance with the City of Graham, Code of Ordinances.

(c)

All paved areas, permanent drives, streets, drainage structures, and utilities, shall be constructed in accordance with standard City of Graham specifications adopted for such purpose, and the same shall be done to the satisfaction of the Director of Public Works.

(d)

Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties provided for in Appendix A—Zoning, Part B, Article 21, Penalty for violation.

(e)

Should any section, subsection, sentence, provision, clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this ordinance, and same are deemed severable for this purpose.

(f)

Whereas, it appears that the subject property of this ordinance is to be used under Planned Development District No. 4 and will serve the public interest, comfort and general welfare, peace and requires this ordinance shall take effect immediately from and after its passage and it is accordingly so ordained.

(Ord. No. 947, 4-30-09; Ord. No. 968, 2-3-11; Ord. No. 1089, 6-27-19; Ord. No. 1133, § 1, 11-10-22)

Editor's note— Appendix A, as referenced above, has not been set out, but may be found at the city office.

There shall be a board of adjustment consisting of five (5) members, or as many as provided by law, appointed by the city council. It shall have all the powers granted by and be organized and controlled by the provisions of section 7, chapter 283 of the laws of 1927 and any amendments thereto.

When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighborhood property will not be substantially or permanently injured, the board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations herein established:

(1)

Permit such modifications of height, yard area and parking regulations as may be necessary to secure appropriate development of a parcel of land of restricted area and shape that it cannot be appropriately developed without such modification.

(2)

Permit the use of a lot or lots in a single-family, two-family, or multiple-family dwelling district adjacent to a church, a local retail or a commercial district, even if separated therefrom by an alley or by a street, for the parking of passenger cars, subject however, to the following provisions:

(a)

The area shall be properly enclosed with a hedge, screen, fence, wall or other suitable enclosure having a height of not less than three (3) feet nor more than six (6) feet. Such fence or enclosure shall conform to the front yard regulations of the district which it is located.

(b)

The area shall be paved with a minimum six (6) inch flexible base and a one and one-half (1½) inch asphaltic concrete surface.

(c)

No parking of vehicles shall be permitted within three (3) feet of any adjoining lot on which is located a single-family residence, duplex or multiple dwelling.

(d)

One sign, not exceeding two and one-half (2½) square feet in area, may be erected identifying the lot.

(e)

Any light used to illuminate said parking area shall be so arranged as to direct the light away from any adjoining premises used for residential purposes.

(3)

Permit the extension of a building existing on the date of adoption of this ordinance, by the construction of additional stories above the height limit herein established if the original plans provided for such additional stories and such building was actually designed and constructed to carry such additional stories.

(4)

The notice provided in this section shall be given by publication three (3) times in the official publication of the City of Graham, stating the time and place of such hearing, which will not be earlier than ten (10) days from the first day of such publication, and, in addition thereto, the Board of Adjustment shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (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 Board to be affected thereby, such owners and persons shall be determined according to the current tax rolls of the City of Graham, and substantial compliance therewith shall be deemed sufficient, provided, however, that the depositing of such written notice in the mail by the Board shall be deemed sufficient compliance with the purpose of this matter.

(5)

Any special exceptions authorized by the Board of Adjustment, either under the provisions of this ordinance, or under the authority granted to the Board of Adjustment under the statutes of the State of Texas, shall authorize the issuance of a building permit or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action on the part of the Board of Adjustment, unless said Board of Adjustment in its minutes shall, at the same time, grant a longer period. If the building permit or certificate of occupancy shall not have been issued within said ninety-day period, or such extended period as the Board may specifically grant, then the special exceptions shall be deemed waived, and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal to said Board of Adjustment in accordance with rules and regulations regarding appeals.

(6)

No appeal to the Board of Adjustment shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the Board of Adjustment on any appeal to such body unless other property in the same zoned area shall have, within such six-month period, been altered or changed by a ruling of the Board of Adjustment, in which case such change of circumstances shall permit the allowance of an appeal but shall in no wise have any force in law to compel the Board of Adjustment after a hearing to grant such subsequent appeal, but such appeal shall be considered on its merits as in all other cases.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this ordinance, the following rules apply:

(1)

The district boundaries are street, alley and property lines unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street, alley, or property lines, the street, alley or property lines shall be construed to be the boundary of the district.

(2)

Where the district boundaries are otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be property lines, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

(3)

In unsubdivided property, the district boundary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map.

(4)

In case of a district boundary line dividing a property into two (2) parts the district boundary line shall be construed to be the property line nearest the less restricted district.

(5)

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