(a)

Zoning districts identified. The city is hereby divided into zoning districts as listed in this section.

(b)

Description and purpose of zoning districts.

A—Agricultural District. This district provides for the continuance of farming, ranching, and gardening activities on land being utilized for these purposes. When land in an Agricultural District is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district(s) to provide for orderly growth and development in accordance with the comprehensive plan. See section 56-109 for A—Agricultural District regulations.

SF-E—Single-Family Residential District, Estate. The SF-E district provides for residential development on large lots with a minimum building site of 35,000 square feet. Density in this district will usually be no greater than one unit per gross acre. See section 56-130 for SF-E—Single-Family Residential District, Estate regulations.

SF-1—Single-Family Residential District, 1. The SF-1 district provides for a minimum residential building site of 9,000 square feet. Density in this district will usually be no greater than four units per gross acre. See section 56-159 for SF-1—Single-Family Residential District regulations.

SF—-Single-Family Residential District, 2. The SF-2 district provides for a minimum residential building site of 7,200 square feet and permits residential development of densities ranging from four to six units per gross acre. See section 56-187 for SF-2—Single-Family Residential District regulations.

TF—Two-Family Residential (Duplex) District. The TF district provides for stable, quality residential development, including duplex, and similar residential development with densities ranging from four to 12 units per gross acre. See section 56-213 for TF-Two-Family Residential (Duplex) District regulations.

TH—Townhouse Residential District. The TH district provides for stable, quality residential development, including townhouses, zero-lot-line homes, garden (patio) homes, and similar residential developments with densities ranging from four to 12 units per gross acre. See section 56-235 for TH—Townhouse Residential District regulations.

MH-1—Manufactured Home District. The MH-1 district provides an area for the placement of HUD-Code manufactured home and modular home units in subdivisions in which most lots and housing units are owner occupied. Densities in this district will be comparable to that of the SF-2 district. See section 56-264 for MH-1—Manufactured Home Subdivision District regulations.

MH-2—Manufactured Home Park District. The MH-2 district establishes a category in which manufactured home park development with a maximum density of approximately five to six units per gross acre can occur. See section 56-292 for MH-2—Manufactured Home Park District regulations.

MF—Multifamily District. The MF district permits multifamily developments of maximum densities of 15 units per acre.

C-1—Commercial District, Office, Light, Retail, and Neighborhood Services. Retail, commercial, and office uses developed under the standards of the C-1 district are designed to provide a compatible relationship between the C-1 development and adjacent residential areas. See section 56-340 for C-1—Commercial District, Office, Light Retail, and Neighborhood Services regulations.

C-2—Commercial District, General. Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses are located in the C-2 Commercial District. See section 56-369 for C-2—General Commercial District regulations.

C-3—Commercial District, Heavy. Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses, and not compatible with general commercial district regulations are located in the C-3 Commercial District. See section 56-397 for C-3—Heavy Commercial District regulations.

M-1—Manufacturing/Industrial District, Light. The Light Manufacturing/Industrial District is established to accommodate uses of a non-nuisance type located in relative proximity to residential and C-1 business areas. Development in the M-1 district is limited primarily to certain wholesale, jobbing and warehouse uses and certain specialized manufacturing and research uses of a type which will not create nuisances. See section 56-423 for M-1—Manufacturing/Industrial District, Light regulations.

M-2—Manufacturing/Industrial District, Heavy. The Heavy Manufacturing/Industrial District is established to accommodate industrial uses not appropriate for inclusion in the M-1 district and likely to create noise, traffic, odor and/or other conditions incompatible with most residential and commercial uses. See section 56-445 for M-2—Manufacturing/Industrial District, Heavy regulations.

PD—Planned Development District. The Planned Development District provides a zoning category for the planning and development of larger tracts of land for tracts of land with unique characteristics for a single use or combination of uses requiring flexibility and variety in design to achieve orderly development with due respect to the protection of surrounding property. See division 17 of this article for PD—Planned Development District regulations.

FP—Floodplain District. Zoning districts located in flood hazard areas which are subject to periodic inundation shall be preceded by the prefix FP, indicating a sub-district. Areas designated FP may be used only for those uses listed in the provisions of section 56-580 until a use in any area or any portion thereof located in FP sub-district has been approved by the city council. Approval shall only be given after engineering studies determine that the area, or any portion thereof, is suitable for uses in the district, and building construction or development would not create an obstruction to drainage nor a hazard to life or property, and that such construction is not contrary to the public interest. See section 56-580 for FP—Floodplain District regulations.

THOR—Thoroughfare Overlay District. The Thoroughfare District is designed to provide for the diverse uses that can take advantage of the access provided by a major arterial or freeway, without sacrificing the integrity of the thoroughfare or freeway in its primary function as a means of moving vehicular traffic through the community.

(Ord. No. 2003-0417, §§ 3.1, 3.2, 4-17-2003)

(a)

Zoning district boundaries delineated on zoning district map. The boundaries of the zoning districts set out herein are delineated upon the zoning district map of the city, said map being hereby adopted as part of the ordinance from which this article is derived, as fully as if the same were set forth herein in detail.

(b)

Regulations for maintaining zoning district map. Two original, official, and identical copies of the zoning district map are hereby adopted bearing the signature of the mayor and attestation of the city secretary and shall be filed and maintained as follows:

(1)

One copy shall be filed with the city secretary, to be retained as the original record and shall not be changed in any manner.

(2)

One copy shall be filed with the building official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing building permits and for enforcing the zoning ordinance. The building official shall keep a written record (logbook) of all changes made to the zoning district map.

(3)

Reproductions of the official zoning district map may be made for information purposes.

(Ord. No. 2003-0417, § 4, 4-17-2003)

Rules for determining district boundaries. The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following streets, highways, or alleys shall be construed to follow the centerline of such street, highway, or alley.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

(3)

Boundaries indicated, as approximately following city limits shall be construed as following city limits.

(4)

Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be construed. Distances not specifically indicated on the original zoning map shall be determined for the graphic scale on the map.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be construed. Distances not specifically indicated on the original zoning map shall be determined from the graphic scale on the map.

(7)

Whenever a street, alley or other public way is vacated by official action of the city council, or whenever a street or alley area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way, and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(8)

Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of subsections (1) through (7) of this section, or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A—Agricultural District, temporarily. In an area determined to be temporarily classified as A—Agricultural District, no person shall construct, add or to alter any building or structure or cause the sale to be done, nor shall any use be located therein or on the land which is not permitted in an A—Agricultural District, unless and until such territory has been zoned to permit such use by the city council. It shall be the duty of the city council to determine a permanent zoning for such area as soon as practicable.

(Ord. No. 2003-0417, § 5, 4-17-2003)

An area being annexed to the city shall ordinarily be given initial zoning concurrently with the annexation.

(Ord. No. 2003-0417, § 6.1, 4-17-2003)

In instances in which the zoning of an annexed territory concurrently with the annexation is impractical, the annexed territory shall be temporarily classified as A—Agricultural District until other zoning is established by the city council. The procedure for establishing regular zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. The city council shall determine an initial zoning for such area as soon as practicable after annexation.

(Ord. No. 2003-0417, § 6.2, 4-17-2003)

In an area temporarily classified as A—Agricultural District:

(1)

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

(2)

No permit for the construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in a zoning district other than the Agricultural District by the city council in the manner prescribed by law.

(Ord. No. 2003-0417, § 6.3, 4-17-2003)

(a)

Zoning required prior to approval of plat. The city council shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council.

(b)

Annexation prior to approval of plat. The city council shall not approve any plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the city is pending before the city council unless and until such annexation shall have been approved by ordinance by the city council.

(c)

Contemporaneous action on zoning and annexation. In the event the city council holds a hearing on proposed annexation, it may, at its discretion, hold a contemporaneous hearing upon the permanent zoning that is to be applied to the area or tract to be annexed. The city council may, at its discretion, act contemporaneously on the matters of permanent zoning and annexation.

(Ord. No. 2003-0417, § 31, 4-17-2003)

(a)

General purpose and description. The Agricultural District is intended to apply to land situated on the fringe of an urban area, used for agricultural purposes, and which may become an urban area in the future. Therefore, the agricultural activities conducted in the Agricultural District should not be detrimental to urban land uses and the intensity of use permitted in this district is intended to encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.

(b)

Permitted uses. A building or premises shall be used only for the following purposes:

(1)

Single-family dwellings on building lots of two acres or more in areas where said dwellings can be adequately served by city utilities or septic tanks located on the building lot.

(2)

Telephone exchange and utility service building; provided that no public business and repair or outside storage facilities are maintained; gas lines; and gas regulating stations.

(3)

Accessory buildings and structures clearly incidental to agricultural operations, including, but not limited to, barns, stables, equipment sheds, granaries, private garages, pump houses, and servants quarters not for rent, provided that the total area of buildings and structures shall be limited to ten percent of the gross land area of tract.

(4)

Temporary metal buildings of less than 600 square feet which are used for tool and supply storage.

(5)

Riding academy or other equestrian-related activities.

(6)

Other uses as listed in division 17 of this article.

(7)

For more details regarding farm animals see other applicable city regulations.

(c)

Special permitted uses. The following specific use shall be permitted in the Agricultural District, when granted in accordance with section 56-645: Uses as listed in section 56-474.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(Ord. No. 2003-0417, § 8, 4-17-2003)

(a)

General purpose and description. The Single-Family Residential-Estate District is designed to accommodate single-family residential development on large lots. The district can be appropriately located in proximity to agricultural and standard single-family residential uses. Densities in this district will not usually exceed one unit per gross acre.

(b)

Permitted uses. A building or premises in an SF-E district shall be used only for the following purposes:

(1)

Uses as listed in the table in section 56-645.

(2)

For more details regarding farm animals see other applicable city regulations.

(c)

Permitted specific uses. The following specific uses shall be permitted in an SF-E district, when granted in accordance with section 56-765: Uses as listed in the table in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(e)

Parking regulations. Two covered spaces behind the front yard line for single-family dwelling units and HUD-Code manufactured homes. Other off-street parking space regulations are set forth in section 56-790.

(Ord. No. 2003-0417, § 9, 4-17-2003)

(a)

General purpose and description. The Single-Family Residential District, 1 is designed to accommodate the standard single-family residential development. Densities in this district will not usually exceed four units per gross acre.

(b)

Permitted uses. A building or premises in an SF-1 district shall be used only for the following purposes: Uses as listed in section 56-645.

(c)

Specific permitted uses. The following specific uses shall be permitted in an SF-1 District, when granted in accordance with section 56-765: Uses as listed in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(e)

Parking regulations. A minimum of two covered, enclosed parking spaces shall be provided per unit behind the building line. Other off-street parking space regulations are set forth in section 56-790.

(Ord. No. 2003-0417, § 10, 4-17-2003)

(a)

General purpose and description. The Single-Family Residential District, 2 is intended to provide for medium density single-family residential development. This district functions as a buffer or transition between major streets, nonresidential areas and lower density residential areas. Density in this district will range between four and six units per gross acre.

(b)

Permitted uses. A building or premises shall be used only for the following purposes: Uses as listed in section 56-645.

(c)

Permitted specific uses. The following specific uses shall be permitted in an SF-2 district, when granted in accordance with section 56-765: Uses as listed in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, And Coverage Regulations.

(e)

Parking regulations. A minimum of one covered, enclosed parking space shall be provided per unit behind the front yard line. Other off-street parking space regulations are set forth in section 56-790.

(Ord. No. 2003-0417, § 11, 4-17-2003)

(a)

General purpose and description. The purpose of the Two-Family Residential (Duplex) District is to promote stable, quality residential development of slightly increased densities. Consistent with the city's comprehensive plan, this district may be used as a buffer district between low density and high-density districts or between residential and nonresidential districts.

(b)

Permitted uses. A building or premises shall be used only for the following purposes: Uses as listed in section 56-645.

(c)

Permitted specific uses. The following specific uses shall be permitted in the TF district, when granted in accordance with section 56-765: Uses as listed in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(e)

Parking regulations. Off-street parking shall be provided in accordance with the requirements for uses set forth in section 56-790.

(Ord. No. 2003-0417, § 12, 4-17-2003)

(a)

General purpose and description. The purpose of the Townhouse Residential District is to promote stable, quality residential development of slightly increased densities where single-family structures are attached on separate lots or where zero lot lines are allowed. Consistent with the city's comprehensive plan, this district may be used as a "buffer" district between low density and high-density districts or between residential and nonresidential districts.

(b)

Permitted uses. A building or premises shall be used only for the following purposes: Uses as listed in section 56-645.

(c)

Permitted special uses. The following special uses shall be permitted in the TH district, when granted in accordance with section 56-765: Uses as listed in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(e)

Parking requirements. Two off-street parking spaces shall be provided behind the front building line. Other off-street parking space regulations are set forth in section 56-790.

(f)

Minimum building size and masonry content. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(Ord. No. 2003-0417, § 13, 4-17-2003)

(a)

General purpose and description. The Manufactured Home District is intended to provide for quality manufactured home subdivision development containing many of the characteristics and the atmosphere of a standard single-family subdivision.

(b)

Permitted uses. A building or premises shall be used only for the following purposes: Uses as listed in section 56-645.

(c)

Permitted specific uses. The following specific uses shall be permitted in the MH-1 district, when granted in accordance with section 56-765: Uses as listed in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations. All new mobile homes that are moved into the city limits must have a manufacture date that is not more than ten years prior to the issuance of the permit.

(e)

Parking requirements. Two spaces shall be provided per unit located on the lot plus additional spaces for accessory uses as required in section 56-790.

(f)

Additional restrictions applicable to MH-1 district.

(1)

Manufactured housing design and construction will comply with construction and safety standards published by the department of housing and urban development pursuant to the requirements of the National Mobile Home and Safety Standards Act of 1974 and all manufactured homes will be subject to inspection by the building official. All new mobile homes that are moved into the city limits must have a manufacture date that is not more than ten years prior to the date of issuance of the permit.

(2)

All manufactured homes shall be set on solid slab structure and/or 18-inch to 20-inch runners. Additional rooms and enclosed porches shall be constructed on a solid slab and in compliance with all city building codes and regulations.

(3)

Tie-downs will be required and will be secured prior to occupancy.

(4)

Underpinning and skirting of like material and color or better is required and will be installed prior to occupancy.

(5)

Accessory buildings will be either manufactured or constructed in accordance with city codes.

(6)

All manufactured homes and modular homes shall comply with all regulations of the state and such regulations are hereby incorporated into this section.

(7)

To the extent these standards conflict with state law, the latter will govern.

(8)

The city shall have authority to conduct inspections and enforce these standards upon executing an agreement with the Texas Department of Housing and Community Affairs, or a successor agency.

(9)

All new mobile homes that are moved into the city limits must have a manufacture date that is not more than ten years prior to the date of issuance of the permit.

(Ord. No. 2003-0417, § 14, 4-17-2003)

(a)

General purpose and description. The Manufactured Home Park District is intended to provide for quality mobile home park development and maintenance. Manufactured home parks are defined as tracts or units of land under sole ownership where lots are rented or leased as space to be used for placement of a manufactured home.

(b)

Permitted uses. A building or lot shall be used only for the following purposes:

(1)

Manufactured home park of not less than one-half nor more than ten acres in size.

(2)

Uses normally accessory to a manufactured home park, including office and/or maintenance buildings for management and maintenance of the park only, recreation buildings and swimming pools, private clubs, laundry facilities, storage facilities, and recreation areas for use by the resident of the park.

(3)

Other uses as listed in section 56-645.

(c)

Permitted specific uses. The following specific uses shall be permitted in the MH-2 district when granted in accordance with section 56-765:

(1)

Boat and recreational vehicle and travel trailer storage yard.

(2)

Travel trailer and commercial overnight camping park.

(3)

Other uses as listed in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations. All new mobile homes that are moved into the city limits must have a manufacture date that is not more than ten years prior to the date of issuance of the permit.

(e)

Parking requirements. Two spaces shall be provided per unit located on the lot plus additional spaces for accessory uses as required in section 56-790.

(f)

Additional restrictions applicable to Mobile Home Park District.

(1)

Manufactured housing design and construction will comply with construction and safety standards enacted by the state, as may be published by the department of housing and urban development or a successor agency pursuant to the requirements of the National Mobile Home and Safety Standards Act of 1974 and all manufactured homes will be subject to inspection by the building official. All new mobile homes that are moved into the city limits must have a manufacture date that is not more than ten years prior to the date of issuance of the permit.

(2)

All manufactured homes shall be set on a solid slab structure and/or 18-inch to 20-inch runners. Additional rooms and enclosed porches shall be constructed on a solid slab and in compliance with all city building codes and regulations.

(3)

Tie-downs will be required and will be secured prior to occupancy.

(4)

Underpinning and skirting of like material and color or better will be required and will be installed prior to occupancy.

(5)

Accessory buildings will be either manufactured or constructed in accordance with city codes.

(6)

All manufactured homes and modular homes shall comply with all regulations of the state and such regulations are hereby incorporated into this section.

(Ord. No. 2003-0417, § 15, 4-17-2003)

(a)

General purpose and description. The Multifamily Residential District is intended to provide for medium to higher density residential development. This district functions as a buffer or transition between major streets, nonresidential areas, or higher density residential areas and lower density residential areas. Density in this district does not ordinarily exceed 15 units per gross acre.

(b)

Permitted uses. A building or premises shall be used only for the following purposes:

(1)

Three or more single-family attached dwelling units, provided that no more than seven dwelling units are attached in one continuous row or group.

(2)

Other uses as listed in section 56-645.

(c)

Permitted specific uses. The following specific uses shall be permitted when granted in accordance with section 56-765: Uses as listed in section 56-645.

(d)

Height and area regulations.

(1)

See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(2)

When buildings exceed one story in height, such buildings shall be constructed in accordance with the existing building and fire codes.

(e)

Parking regulations. Two and one-half off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Other off-street parking space regulations are set forth in section 56-790.

(f)

Refuse facilities. Every dwelling unit in a multifamily complex shall be located within 250 feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least six cubic yards of refuse container per 30 multifamily dwelling units. For complexes with less than 30 units, no less than four cubic yards of refuse container shall be provided. Each refuse facility shall be screened for view on three sides from persons standing at ground level on the site or immediately adjoining property, by an opaque fence or wall of wood or masonry not less than six feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.

(g)

Screening fence. Border fencing of wood or masonry of not less than six feet in height shall be installed by the builder at the time of construction of any multifamily complex, along the property line on any perimeter not abutting a public street or right-of-way. The owner of the complex shall maintain this fence throughout the existence of the multifamily complex.

(Ord. No. 2003-0417, § 16, 4-17-2003)

(a)

General purpose and description. The Commercial District, 1 is intended for office facilities, neighborhood shopping facilities, and retain and commercial facilities of a service character. The C-1 district is established to accommodate the daily and frequent needs of the community. The following regulations shall be applicable to all uses in the district:

(1)

The business shall be conducted wholly within an enclosed building;

(2)

Required yards shall not be used for display, sale, or storage or merchandise or for the storage of vehicles, equipment, containers, or waste material;

(3)

All merchandise shall be sold at retail on the premises; and

(4)

Such use shall not be objectionable because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisance.

(b)

Permitted uses. A building or premises shall be used only for the following purposes:

(1)

Discount, variety, or department store of not greater than 20,000 square feet floor space.

(2)

Food store with floor space not greater than 20,000 square feet.

(3)

Gasoline service station (no garage or automobile repair facilities).

(4)

Other uses as listed in section 56-645.

(c)

Permitted specific uses. The following specific uses shall be permitted in the C-1 district, when granted in accordance with section 56-765:

(1)

Broadcasting facilities, radio, television, or microwave tower.

(2)

Gasoline service station with associated minor automobile repair facility with floor space not greater than 2,500 square feet.

(3)

Other uses as listed in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(e)

Parking regulations. Off-street parking and loading shall be provided as set forth in section 56-790.

(Ord. No. 2003-0417, § 17, 4-17-2003)

(a)

General purpose and description. The General Commercial District is intended to provide a zoning category similar to the C-1 district, except that additional uses are permitted which are not generally carried on completely within a building or structure and an expanded range of service and repair uses is permitted.

(b)

Permitted uses. A building or premises shall be used only for the following purposes: Uses as listed in section 56-645.

(c)

Permitted specific uses. The following specific uses shall be permitted in a C-2 district, when granted in accordance with section 56-765: Other uses as listed in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(e)

Parking regulations. Off-street parking requirements shall be provided in accordance with section 56-790.

(Ord. No. 2003-0417, § 18, 4-17-2003)

(a)

General purpose and description. The Heavy Commercial District, 3 is intended to provide a zoning category similar to the C-2 district, except that additional uses are permitted which are not generally carried on completely within a building or structure and an expanded range of storage and repair uses is permitted.

(b)

Permitted uses. A building or premises shall be used only for the following purposes: Uses as listed in section 56-645.

(c)

Permitted special uses. The following special uses shall be permitted in a C-3 district, when granted in accordance with section 56-765: Other uses as listed in section 56-765.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(e)

Parking requirements. Off-street parking requirements shall be provided in accordance with section 56-790.

(Ord. No. 2003-0417, § 19, 4-17-2003)

(a)

General purpose and description. The Light Manufacturing/Industrial District is established to accommodate those uses which are a non-nuisance type located in relative proximity to residential areas, and to preserve and protect land designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purposes. Development in the M-1 district is limited primarily to certain storage, wholesale, and industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non-nuisance type. No use or types of uses specifically limited to the M-2 district may be permitted in the M-1 district. Uses permitted in the M-1 district are subject to the following conditions:

(1)

All business, servicing, or processing, except for off-street loading, display or merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed areas.

(2)

All storage within 100 feet of a residential district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of screening.

(3)

Permitted uses in the M-1 district shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence.

(4)

Permitted uses in the M-1 district shall produce no noise exceeding in intensity, at the boundary of the property, the average intensity of noise of street traffic.

(5)

Permitted uses in the M-1 district shall not create fire hazards on surrounding property.

(b)

Permitted uses. The following specific uses shall be permitted in the M-1 district when granted in accordance with section 56-645: Uses as listed in section 56-645.

(c)

Permitted specific uses. The following specific uses shall be permitted in the M-1 district when granted in accordance with section 56-765:

(1)

Machine shops and fabrication of metal not more than ten gauge in thickness.

(2)

Accessory uses, including, but not limited to, temporary buildings for construction purpose for a period not to exceed the duration of such construction.

(3)

Factory outlet retail or wholesale store for the sales and servicing of goods or materials on the same premises as the manufacturing company to which they are related, including sales and service in a separate building or buildings.

(4)

Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses.

(5)

Other uses as listed in section 56-645.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(e)

Parking regulations. Off-street parking requirements shall be provided in accordance with the specific uses set forth in section 56-790.

(Ord. No. 2003-0417, § 20, 4-17-2003)

(a)

General purpose and description. The Heavy Manufacturing/Industrial District is established to accommodate most industrial uses and protect such areas from the intrusion of certain incompatible uses, which might impede the development, and use of lands for industrial purposes. Uses permitted in M-2 district are subject to the following conditions:

(1)

All business, servicing, or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed buildings unless otherwise indicated.

(2)

All storage within 100 feet of a residential district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively, screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of such screening.

(3)

All uses permitted in the M-2 district must meet the following performance standards and any appropriate city ordinances:

a.

Smoke. No operation shall be conducted unless it conforms to the standards established by any applicable state and federal health rules and regulations pertaining to emission of particulate matter;

b.

Particulate matter. No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to emission of particulate matter;

c.

Dust, odor, gas, fumes, glare, or vibration. No emission of these matters shall result in a concentration at or beyond the property line which is detrimental to the public health, safety or general welfare or which causes injury or damage to property; said emissions shall in all cases conform to the standards established by applicable state and federal health rules and regulations pertaining to said emissions;

d.

Radiation hazards and electrical disturbances. No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to radiation control;

e.

Noise. No operation shall be conducted in a manner so that any noise produced is objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise at the property line shall not exceed 75 db(A) permitted for a maximum of 15 minutes in any one hour; said operation shall in all cases conform to the standards established by applicable state and federal health rules and regulations and to other city ordinances pertaining to noise; and

f.

Water pollution. No water pollution shall be emitted by manufacturing or other processing. In a case in which potential hazards exist, it shall be necessary to install safeguards acceptable to the appropriate state and national health and environmental protection agencies prior to issuance of a certificate of occupancy. The applicant shall have the burden of establishing that said safeguards are acceptable to said agency or agencies.

(b)

Permitted uses. The following uses shall be permitted: Uses as listed in section 56-645.

(c)

Permitted specific uses.

(1)

The following specific uses shall be permitted in the M-2 district when granted in accordance with section 56-765: Uses as listed in section 56-645;

(2)

Other manufacturing and industrial uses, which do not meet the general definition for manufacturing processes, may be permitted by the city council after public hearing and review of the particular operational characteristics of each such use, and other pertinent data affecting the community's general welfare. Approval of uses under this section shall be made in accordance with section 56-912(b)(6);

(3)

Information on the concept plan is sufficient to determine the appropriate use of the land and the detail site plan will not deviate substantially from it; and

(4)

The requirement is waived at the time the amending ordinance is approved. If the requirement is waived, the conditions shall be specifically stated in the amending ordinance.

(d)

Height and area regulations. See Appendix 1, Area, Setback, Height, and Coverage Regulations.

(e)

Parking regulations. Required off-street parking shall be provided in accordance with the specific uses set forth in section 56-790.

(Ord. No. 2003-0417, § 21.5, 4-17-2003)

(a)

General purpose and description. The floodplain district is designed to provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding portions of certain districts. Such areas are designated with a floodplain prefix, FP.

(b)

Permitted uses. The permitted uses in that portion of any district having a floodplain (FP) prefix shall be limited to the following:

(1)

Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry but excluding construction of barns or other outbuildings.

(2)

Off-street parking incidental to any adjacent main use permitted in the district however parking should be limited to areas where the depth of flow of stormwater during a 25-year storm would be less than or equal to .50 feet.

(3)

All types of local utilities including those requiring specific use permits.

(4)

Parks, playgrounds, public golf courses (no structures), and other recreational areas.

(5)

Private open space as part of a planned residential development.

(6)

Structures, installations, and facilities installed, operated, and maintained by public agencies for flood control purposes.

(7)

Bridle trail, bicycle, or nature trial.

(c)

City council approval required. No structure, including above ground utility poles, shall be erected in that portion of any district designated with a floodplain, FP, prefix until and unless such structure has been approved by the city council after engineering studies have been made and it is ascertained that such building or structure is not subject to damage by flooding and would not constitute an encroachment, hazard, or obstacle to the movement of floodwaters and that such construction would not endanger the value and safety of other property or public health and welfare.

(Ord. No. 2003-0417, § 23, 4-17-2003)

(a)

General purpose and description.

(1)

The thoroughfare overlay district is designed to provide for the diverse uses that can take advantage of the access provided by a major arterial or freeway, without sacrificing the integrity of the thoroughfare or freeway in its primary function as a means of moving vehicular traffic through the community. This district is established to create an attractive, higher intensity use corridor composed primarily of office, retail, limited light industrial and commercial uses, hotels, motels, and restaurants, but applies to all lands and uses adjoining the designated thoroughfares. The district is established to enhance the image of key entry points, major corridors, and other areas of concern as determined by the city council, by maintaining a sense of openness and continuity.

(2)

To protect the integrity of the thoroughfare, lot sizes are preferred to be larger, setback requirements are preferred to be greater, and more stringent access restrictions will be imposed within the THOR district than in districts located outside the THOR district. Properties in the THOR district should typically be expected to have increased water, sewer, and drainage capacity, and increased fire protection to accommodate the higher intensity uses typically found in the district. The THOR district is an overlay district, meaning that the regulations within the district are in addition to the base zoning district that is being overlaid.

(b)

Description.

(1)

The THOR district applies to all land within or along the rights-of-way of specifically designated thoroughfares (IH-35W, US 81-Third Street, FM 4, FM916) as will generally be identified graphically on the zoning map. Should additional land areas lying along these designated thoroughfares but currently outside the city limits be annexed into the city, the portion of such additional lands shall be included within the THOR district regardless of whether the zoning map is immediately amended to reflect that annexation.

(2)

The THOR district requirements shall apply to all land located between lines generally paralleling each side of the thoroughfare at depths of 150 feet from the ultimate right-of-way line of those designated thoroughfares. This will encompass an area of 300 feet plus the width of the applicable right-of-way. The outer edge of the THOR district boundary shall be located 150 feet from either the existing right-of-way line or the future right-of-way line location which will ultimately be required by the city subdivision ordinance, or by any city, county or TxDOT thoroughfare plan, whichever boundary locations create the widest THOR district. For land located adjacent to IH-35, the requirements of this THOR district shall apply to each side of IH-35 at depths of 300 feet from the ultimate right-of-way line on each side of the thoroughfare.

(3)

The THOR district regulations shall not apply to vacant lots in single-family districts final platted prior to the adoption of these THOR regulations. In cases of conflict between this overlay district and any underlying zones, the more restrictive regulation shall apply.

(c)

Permitted uses. With the exception of certain uses which are expressly prohibited in the prohibited uses summarized in section 56-613(f), a building or premises shall be used for the following purposes:

(1)

Accessory structures permitted. See section 56-645, use of land and building for each base district.

(2)

Uses permitted by specific use permit. See section 56-645, use of land and building for each base district.

(d)

Height and area regulations. See Appendix 1 of base district.

(e)

Special regulations. In addition to any dimensional requirements found elsewhere, the following requirements shall apply in the THOR district:

(1)

Access. Entries/exits on each development lot shall be separated by a minimum of 100 feet and no more than two such entries/exits shall be provided per street frontage for each development lot.

(2)

Building exterior requirements. The requirements for building exteriors shall meet one of the following:

a.

An exterior of which a minimum of 75 percent of the exterior of any building shall be of brick or rock construction, stucco, filler board, stone, manmade or natural, brick

b.

An exterior whose materials and elements of whatever percentage composition are illustrated on color architectural elevation drawings as part of the detailed site development plan approved by the city council. In considering approval of such plan, the city council shall take into consideration the degree to which the applicant has successfully illustrated an overall intent to provide a building and site having an appearance consistent with the intent of the overlay district. In considering the degree of effort expended to meet that overall intent the city council shall consider how well the following elements are addressed and incorporated into the design of the building and site.

1.

The type, percentage, variety and variation of patterns, and the location and blending of various exterior building materials and textures proposed.

2.

Building aesthetics including use of colors and tones harmonious with the existing manmade or natural environment, and the use of compatible accents or contrasting colors.

3.

Architectural elements to articulate all building facades (break up the building masses to provide horizontal and vertical relief and to provide shadow lines and visual depth. Articulation means an interruption of the building wall plane with an offset, either a recess or projection of at least two feet, at an angle of arc between 45 degrees and 135 degrees to the wall plane. Articulation may include, but is not limited to, the use of porches, porticoes, special entryways, and other specified offsets and projections.

4.

Architectural elements to enhance building facades through a variation in architectural elements. Variation means a combination of colors, textures, design features and/or building materials. Variation in architectural elements can be achieved by, but not be limited to, design features such as cornices; moldings; pilasters; arches; awnings; canopies; columns; arches; mullions; corbelling; latticework; the size, type, and placement of windows; the use of recessed windows (minimum four-inch recess) or windows having a perimeter access border of at least four inches; pitched roofs; roof overhangs; decorative light fixtures, and/or combinations of such elements.

5.

Locations and types of materials used for fencing, walls, and other screening, including the effectiveness of screening outside storage and display from the roadway and/or neighbors, and particularly beyond the minimum standards specified elsewhere herein.

6.

Lot sizes and setbacks which exceed the minimum standards specified elsewhere herein.

7.

The reliability and maintainability of the landscaping, including intent to incorporate automated irrigation system and equipment.

8.

The use of additional trees, plants and landscaping which exceed the minimum standards specified elsewhere herein.

9.

The preservation of existing trees and natural features.

(3)

Landscape, parking and sign placement requirements.

a.

The provisions is this section shall be required for all new construction, or expansion by more than ten percent of total surface area of buildings, parking, or other substantial improvements, as determined by the city engineer, building inspector, or code official.

b.

A 15-foot landscape setback from the right-of-way line of all streets is required. No parking or signage is allowed within this setback. A smaller setback may be approved by variance if the existing buildings or other existing substantial improvements preclude reasonable compliance in the course of making additions or expansions on the lot. At a minimum the landscape setback will contain the following:

1.

Any surface except sidewalks and drive approaches shall be planted with ground cover or grass.

2.

One tree (two-inch caliper measured one foot above grade) for every 35 linear feet of public street frontage, excluding drive approach shall be planted. Trees must be spaced 20 feet to 50 feet apart.

3.

Except on single-family home lots, parking, maneuvering, loading areas for people, or vehicular display and storage and boat areas which are not screened by on-site buildings or fences shall be screened from the view of the streets. The screening shall be a minimum height of three feet above the grade of the parking lot and adjacent to the parking lot. Screens shall be opaque and consist of one or a combination of screening shrubs, walls, and or berms. Screening shrubs shall be spaced a maximum of three feet on center and shall be a minimum of five-gallon containers, and shall be capable of reaching a minimum height of three feet within 18 months of planting. Earthen berms shall be designed and constructed to prevent any drainage and erosion problems. The maximum slope for earthen berms shall be 3:1 (i.e., three-feet width for every foot in height).

4.

Landscaping installed as part of the requirements must be maintained in a healthy, growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all plantings as needed. All landscaped areas shall be irrigated with an underground irrigation system capable of providing the proper amount of water for the particular type of plant material used.

5.

Alternate landscaping plans may be approved by variance if existing buildings or existing substantial improvements preclude strict compliance with this provision in the course of making additions or expansions on the lot.

(4)

Refuse facility screening. Each refuse facility shall be completely screened from view of public streets and adjoining residential zoned properties by screening three sides by masonry walls not less than two feet above the height of the bin or container. An opening shall be situated so that the container is not visible from adjacent properties and streets unless the opening is equipped with an opaque gate.

(5)

Detailed site development plan requirements. A detailed site development plan is required for any development of land within the thoroughfare overlay district. The requirements shall meet the requirements as set forth in section 56-476 of the Planned Development section of this chapter.

(f)

Prohibited uses. The following uses shall not be permitted within the THOR district:

(1)

Acetylene gas manufacture or storage.

(2)

Acid manufacture.

(3)

Alcohol manufacture.

(4)

Ammonia, bleach or chlorine manufacture.

(5)

Any use involving nude employees.

(6)

Arsenal.

(7)

Blast furnace.

(8)

Boiler works.

(9)

Brick, tile, pottery or terra cotta manufacture.

(10)

Cement, lime gypsum or plaster of paris manufacture.

(11)

Chemical manufacturing.

(12)

Concrete, asphalt batching plant (permanent).

(13)

Construction yard (permanent).

(14)

Dairy products processing, manufacturing.

(15)

Disinfectant manufacture.

(16)

Distillation of bones, coal or wood.

(17)

Explosive or fireworks manufacture or storage.

(18)

Electric power generating plant.

(19)

Fat rendering.

(20)

Fertilizer manufacture.

(21)

Fiberglass manufacture.

(22)

Fish smoking and curing.

(23)

Permanent flea market.

(24)

Forge plant.

(25)

Foundry (iron, steel, brass, or cooper).

(26)

Garbage, offal or dead animal reduction.

(27)

Herbicide manufacture.

(28)

Insect poison manufacture.

(29)

Landfill.

(30)

Livestock feed yards or feedlot.

(31)

Manufactured housing sales lot.

(32)

Night club, bar or private club except, beer and wine sales in a dining establishment as long as the sale of food constitutes a minimum of 60 percent of total sales.

(33)

Oil, gas, other mineral extraction.

(34)

Ore reduction.

(35)

Paint, oil, shellac, turpentine or varnish manufacture.

(36)

Paper products manufacture.

(37)

Scrap metal sales and storage.

(38)

Solid waste transfer station.

(39)

Tire recapping vulcanizing.

(40)

Wrecking yard (junk or salvage yard).

(41)

Yeast manufacture.

(42)

Commercial vehicle parking on the THOR.

(Ord. No. 2003-0417, § 24, 4-17-2003)

(a)

General purpose and description. The Planned Development District "PD" prefix is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this division is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization.

(b)

Permitted uses. Any use specified in the ordinance granting a Planned Development District shall be permitted in that district. The size, location, appearance, and method of operation may be specified to the extent necessary to ensure compliance with the purpose of this division.

(Ord. No. 2003-0417, § 22.2, 4-17-2003)

(a)

Development standards for each separate PD district shall be set forth in the ordinance granting the PD district and may include but shall not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the city council may deem appropriate.

(b)

In the PD district, the particular district to which uses specified in the PD are most similar shall be stated in the granting ordinance. All PD applications shall list all requested variances from the standard requirements set forth throughout this division (applications without this list will be considered incomplete).

(c)

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of variances in each district or districts and a general statement citing the reason for the PD request.

(d)

The Planned Development District shall conform to all other sections of the ordinance unless specifically exempted in the granting ordinance.

(Ord. No. 2003-0417, § 22.3, 4-17-2003)

In establishing a Planned Development District, the city council shall approve and file as part of the amending ordinance appropriate plans and standards for each Planned Development District. During the review and public hearing process, the city council shall require a conceptual plan and/or detail site plan.

(1)

Conceptual plan. This plan shall be submitted by the applicant. The plan shall show the applicant's intent for the use of the land within the proposed Planned Development District in a graphic manner and shall be supported by written documentation of proposals and standards for development.

a.

A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. For residential development which does not propose platted lots, the conceptual plan shall set forth the size, type, and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data.

b.

A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the city council, may include but is not limited to the types of use, topography, and boundary of the PD area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building heights and locations, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final development plan.

c.

Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height, or coverage of the site and which do not decrease the off-street parking ratio, reduce the yards provided at the boundary of the site, or significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the building official or his designated representative. If an agreement cannot be reached regarding whether or not a detail site plan conforms to the original concept plan, the city council shall determine the conformity.

(2)

Detailed site plan. This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the conceptual plan. Approval of the detailed site plan shall be the pre-requisite for issuance of a building permit. The detailed site plan may be submitted for the total area of the PD or for any section by the city council. A public hearing on approval of the detailed site plan shall be required at the council level, unless such a hearing is waived pursuant to section 56-476(3)a at the time of conceptual plan approval in the original amending ordinance. The detailed site plan shall include:

a.

A site inventory analysis including a scale drawing existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any floodprone areas.

b.

A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for al curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour interval of not more than five feet.

c.

A site plan for proposed building complexes showing the location of separate buildings, and between buildings and property lines, street lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking.

d.

A landscape plan showing screening walls, ornamental planting, wooded areas, and trees to be planted.

e.

An architectural plan showing elevations and signage style to be used throughout the development in all districts except single-family and two-family may be required by the city council if deemed appropriate. Any or all of the required information may be incorporated on a single drawing if such drawing is clear and can be evaluated by the building official or his designated representative.

(3)

Procedure for establishment.

a.

The procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in division 5 of article VII of this chapter. This procedure is expanded as follows for approval of conceptual and development plans.

b.

Separate public hearings shall be held by city council for the approval of the conceptual plan and the development plan or any section of the development plan, unless such requirements is waived by the city council upon a determination that a single public hearing is adequate. A single public hearing is adequate when:

1.

The applicant submits adequate data with the request for the Planned Development District to fulfill the requirements for both plans.

2.

The ordinance establishing the Planned Development District shall not be approved until the conceptual plan is approved.

3.

The development plan may be approved in sections. When the plan is approved in sections, the separate approvals by the city council for the initial and subsequent sections will be required.

4.

An initial site plan shall be submitted for approval within six months from the approval of the conceptual plan or some portion of the conceptual plan. If the site plan is not submitted within six months, the conceptual plan is subject to re-approval by the city council. If the entire project is not completed within two years, the city council may review the original conceptual plan to ensure its continued validity.

5.

Regardless of whether the pubic hearing is waived for the development plan, approval by the city council is still required.

(Ord. No. 2003-0417, § 22.4, 4-17-2003)

When a PD is being considered, a written report may be requested of the applicant discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic. Written comments from the applicable public school district and from private utilities may be submitted to the city council.

(Ord. No. 2003-0417, § 22.5, 4-17-2003)

All Planned Development Districts approved in accordance with the provisions of this chapter in its original form, or by subsequent amendment thereto, shall be referenced on the zoning district map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained in an appendix of this chapter.

(Ord. No. 2003-0417, § 22.6, 4-17-2003)

The Planned Development District for Mixed Uses, PD-1, is intended to provide for the continued use of the property as it is currently used and for other compatible uses in the future. The PD-1 utilizes the Commercial (C-1) Use Zoning District as the base district.

(Ord. No. 2009-0219, app. A, 1-19-2009)

That the property described within this PD-1 shall be used only in the manner and for the purposes provided for herein, and in compliance with the site plan attached hereto and with the use regulations, provided that a detailed site plan shall be submitted and approved by the city council in conformance with the provisions of section 56-476, when and if such provisions occur in the future.

(Ord. No. 2009-0219, app. A, 1-19-2009)

The legal description of the premises is included as an attachment to this PD.

(Ord. No. 2009-0219, app. A, 1-19-2009)

(a)

General compliance. Except as amended by these conditions, development of property within this Planned Development must comply with the requirements of all applicable ordinances, rules, and regulations of the city, as may be amended from time to time.

(b)

Conformance with other city ordinances. Except as amended herein, the development shall conform to any and all policies, guidelines, articles, sections, and regulations of the city zoning ordinance, subdivision ordinance, comprehensive plan, and any other adopted city ordinances, as amended, including any public improvements that may be required by the subdivision ordinance to support future development of the site.

(c)

Plans. The current and future development within PD-1 requires a conceptual plan. Future development within PD-1 shall also require a detailed site plan satisfying the requirements outlined in section 56-476 for the purposes of this PD-1 district.

(1)

Conceptual plan. A conceptual plan illustrating current uses, existing structures, and the physical features of the site is attached. Another conceptual plan shall be required in the future for new construction or if the primary use of the property (e.g., manufacturing/light industrial use as existed on the date of the creation of this PD) changes to a different use.

(2)

Detailed site plan. A site plan shall be required for future development of the property under one or more of the following conditions:

a.

New structures are erected on the site;

b.

Structures are relocated onto the site;

c.

Any of the existing structures are expanded by more than ten percent;

d.

Any of the existing uses (including parking areas) are expanded by more than 20 percent.

(3)

The conceptual plan and detailed site plan are hereby incorporated into this PD and the zoning ordinance. Any new plans shall be herein incorporated upon approval by the city.

(Ord. No. 2009-0219, app. A, 1-19-2009)

Future development on the property within PD-1 shall conform to the minimum zoning district regulations and requirements for the commercial zoning district. Permitted uses for PD-1 shall conform to those outlined in section 56-515.

(Ord. No. 2009-0219, app. A, 1-19-2009)

(a)

The uses permitted within the Planned Development, PD-1, are limited to the following uses and accessory uses. Any use that is not listed herein shall be deemed prohibited unless and until the property owner or his designee is otherwise approved for such use under the procedures outlined within the zoning ordinance. Definitions contained within the zoning ordinance shall apply to the following uses, except as otherwise specified herein.

(1)

Existing uses.

a.

Manufacturing of outdoor furniture.

b.

Outside display and sales of outdoor furniture.

c.

Outside display and sales of portable storage building and playhouses.

d.

Manufacturing of barns and gazebos.

(2)

Primary uses.

a.

Storage.

1.

Building materials, outside storage-50-feet setback from 3rd Street.

2.

Building materials, inside storage.

3.

Storage/wholesale warehouse, light.

4.

Storage/wholesale warehouse, heavy.

b.

Light manufacturing.

1.

Toys/novelty projects manufacture.

2.

Furniture and upholstery manufacture.

3.

Cabinet and upholstery.

4.

Barns and gazebos.

c.

Sales.

1.

Building materials, outside sales—50-feet setback from 3rd Street.

2.

Building materials, inside sales.

3.

Utility trailer rental and sales (new and used).

4.

Retail and wholesale activities related to uses authorized within this PD ordinance.

d.

Office; showroom/warehouse.

e.

All permitted C-1 uses.

(3)

Accessory uses. The accessory uses are listed in order of the use chart within the zoning ordinance, section 56-645, if applicable.

(Ord. No. 2009-0219, app. A, 1-19-2009)

(a)

Ventilation. Provision will be made for the installation and utilization of air ventilation equipment for all manufacturing operations. The adequacy of air quality for the premises and immediately surrounding properties shall be determined by the city's building official in accordance with the city's building and mechanical codes.

(b)

Dust. Dust collection and disposal systems shall be installed and utilized as appropriate to prevent the migration of particulate matter from the site onto neighboring properties.

(c)

Hours of operation. Office administration, manufacturing and fabrication activities may be conducted any time, provided that the activities comply with the noise regulations below. The delivery, loading, and unloading of materials on the premises shall only be conducted between the hours of 6:00 a.m. to 9:00 p.m., Monday through Friday, and 7:00 a.m. to 7:00 p.m. Saturday. This schedule may be exceeded without penalty no more than 12 times per year.

(d)

Noise. Manufacturing and fabrication activities shall be conducted in an enclosure with four sides so to minimize the migration of noise onto neighboring properties. Newly-constructed or expanded buildings on the premises shall feature noise-reduction technology so to contain the noise on-site to the extent reasonably possible.

(e)

Lighting. Artificial illumination devices erected on the exterior of all buildings shall be shielded and angled in a manner that restricts the trespass of light onto neighboring properties.

(f)

Outside displays. The outside display of items manufactured or otherwise for sale on the premises is allowed. The accumulation of junk, trash, used building materials, yard waste, debris, and rubbish is prohibited. All trash must be containerized and shielded from view from public rights-of-way.

(g)

Landscaping. As a condition of city approval of building permits for new construction on the premises, owner shall landscape portions of the site to improve the aesthetic qualities of the location and to screen operations. The planning and zoning commission shall review and approve or disapprove any landscaping plan submitted with new building permit applications.

(Ord. No. 2009-0219, app. A, 1-19-2009)

An abbreviated site plan of the property has been submitted and approved for PD-1. It shall be an attachment to this PD. An official copy will be kept on file at the city hall.

(Ord. No. 2009-0219, app. A, 1-19-2009)

(a)

Existing setbacks are hereby deemed to be legal nonconforming uses. Any construction of new buildings must comply with setback requirements in effect at that time.

(b)

There is dedicated and accepted a 25 feet street right-of-way from the centerline of the current roadway demarked as First Street. The public shall have a visibility and open space easement upon this section and a reservation for future roadway expansion.

(Ord. No. 2009-0219, app. A, 1-19-2009)

The site shall be equipped with at least one parking space for every two employees and one parking space for up to four average daily customers. In no case shall the site have less than 12 spaces. Parking spaces shall be on the lot serviced by the spaces. A variance may be sought in writing by providing documentation that parking has been satisfied by the provision of off-site parking in the vicinity. A variance may not be granted allowing for on-street parking. Parking spaces shall be at least nine feet by 18 feet. There shall also be a 20 feet driving lane adjacent to the parking spaces. The site must have at least one handicapped parking space per 12 parking spaces.

(Ord. No. 2009-0219, app. A, 1-19-2009)

The subject site is at the northeast corner of Criner (FM 916) and Bols D'Arc Street and also lies in the city's THOR (Thoroughfare Overlay). This planned development district shall have a base zoning district of "C-1", Commercial and shall also allow the other uses specified herein, as set forth in current zoning ordinance No. 03-0417 passed and approved April 17, 2003, and any revisions thereto up to and including the date of approval of this planned development ordinance.

(Ord. No. 2009-0219, app. A, 1-19-2009)

PD-2 is for Mixed Uses those being light retail, office, and neighborhood services. PD-2 utilizes the Commercial (C-1) Use Zoning District as the base district.

(Ord. No. 2009-0219, app. A, 1-19-2009)

The property described within this PD-2 shall be used only in the manner and for the purposes provided for herein, and in compliance with the site plan attached hereto and with the use regulations, provided that a detailed site plan shall be submitted and approved by the city council in conformance with the provisions of section 56-476, when and if such provisions occur in the future.

(Ord. No. 2009-0219, app. A, 1-19-2009)

The legal description of the premises is included as an attachment to this PD, which is incorporated herein for all intents and purposes.

(Ord. No. 2009-0219, app. A, 1-19-2009)

(a)

General compliance. Except as amended by these conditions, development of property within this planned development must comply with the requirements of all applicable ordinances, rules, and regulations of the city, as may be amended from time to time.

(b)

Conformance with other city ordinances. Except as amended herein, the development shall conform to any and all policies, guidelines, articles, sections, and regulations of the city zoning ordinance, subdivision ordinance, comprehensive plan, and any other adopted city ordinances, as amended, including any public improvements that may be required by the subdivision ordinance to support future development of the site.

(c)

Plans. The current and future development within PD-2 requires a conceptual plan. Future development within PD-2 shall also require a detailed site plan satisfying the requirements outlined in section 56-476 for the purposes of this PD-2 district.

(1)

Conceptual plan. A conceptual plan illustrating current uses, existing structures, and the physical features of the site is attached. Another conceptual plan shall be required in the future for new construction or if the primary use of the property (e.g., manufacturing/light industrial use as existed on the date of the creation of this PD) changes to a different use.

(2)

Detailed site plan. A site plan shall be required for future development of the property under one or more of the following conditions:

a.

New structures are erected on the site.

b.

Structures are relocated onto the site.

c.

Any of the existing structures are expanded by more than ten percent.

d.

Any of the existing uses (including parking areas) are expanded by more than 20 percent.

(3)

The conceptual plan and detailed site plan are hereby incorporated into this PD and the zoning ordinance. Any new plans shall be herein incorporated upon approval by the city.

(Ord. No. 2009-0219, app. A, 1-19-2009)

Future development on the property within PD-2 shall conform to the minimum zoning district regulations and requirements for the commercial zoning district. Permitted uses for PD-2 shall conform to those outlined in section 56-553.

(Ord. No. 2009-0219, app. A, 1-19-2009)

The uses which are indicated in the use chart for "C-1 Commercial District-Office, Light Retail and Neighborhood Services District" in zoning ordinance, or uses which may become permissible under section 56-645, unless such are specifically excluded below.

(Ord. No. 2009-0219, app. A, 1-19-2009)

The following uses, otherwise permitted (or permitted with Conditional Use Permit) in "C-1 Commercial District, Office, Light Retail and Neighborhood Services District," shall not be allowed in this PD.

(1)

Construction yard, temporary.

(2)

Motel/motor hotel/motor lodge.

(3)

Residence hotel.

(4)

Cemetery/mausoleum.

(5)

Exhibition area.

(6)

Greenhouse/plant nursery, commercial.

(7)

Registered family home.

(8)

Shooting range, target range, outdoor.

(9)

Stadium/play field, public.

(10)

Electrical substation.

(11)

Franchised utility (public of private).

(12)

Gas metering station.

(13)

Heliport or helistop.

(14)

Radio/television/telephone.

(15)

Microwave tower: commercial.

(16)

Service yard of government agency.

(17)

Sewage pumping station.

(18)

Telephone exchange station.

(19)

Transit station/turnaround.

(20)

Water pumping station/well.

(21)

Water storage, elevated.

(22)

Water storage, ground.

(23)

Auto laundry.

(24)

Auto service station.

(25)

Car wash.

(26)

Motorcycle sales and service.

(27)

Parking lot/parking garage, light.

(28)

Quick oil change facility.

(29)

Amusement, commercial (indoor).

(30)

Arcade.

(31)

Arts and crafts store, outdoor sales.

(32)

Auction (not to include auto/truck/trailer).

(33)

Building materials, outside sales.

(34)

Cleaning and dyeing, small plant/shop.

(35)

Flea market.

(36)

Garden center, retail sales.

(37)

Household appliance service and repair.

(38)

Massage establishment.

(39)

Restaurant/cafeteria, with drive-in service.

(40)

Drive through.

(41)

Tool rental shop.

(42)

Contractor's shop and storage yard (temporary).

(Ord. No. 2009-0219, app. A, 1-19-2009)

None. There are no permitted accessory uses in the PD-2 Commercial District.

(Ord. No. 2009-0219, app. A, 1-19-2009)

(a)

Yard requirements. The minimum yard area permitted shall be as shown on the approved PD site plan.

(b)

Coverage. Permitted coverage of the building site by the main building and any accessory buildings shall not exceed the percent of the site area as is shown on the approved PD site plan.

(c)

Hours of operation. The delivery, loading, and unloading of materials on the premises shall only be conducted between the hours of 9:00 a.m. and 9:00 p.m., Monday through Friday. This schedule may be exceeded without penalty no more than six times per year.

(d)

Parameters for building.

(1)

Maximum building height. The maximum building height established for this lot shall be one-story and with a height not to exceed 45-feet.

(2)

Exterior HVAC ductwork. No exterior HVAC ductwork shall be permitted on the sides of the building.

(3)

Building materials and elevation. A minimum of 75 percent of all building faces shall be brick or rock. Elevation and colors shall be as illustrated on the approved color rendering submitted with and to be a part of the approved PD site plan. Any modifications to the color, exterior surfacing materials, articulation (vertical or horizontal), or elevation must be approved by the planning and zoning commission and city council via motion recorded in the minutes of either the planning and zoning commission or the city council.

(e)

Outdoor storage, display andsales. No outside storage of merchandise, nor display nor sales shall be permitted on this tract.

(f)

Tree preservation. Every effort shall be taken in design, grading and construction to protect, maintain and preserve in good condition the six existing large trees shown both on and adjacent to the platted boundary (said trees are shown on the approved PD site plan as 14- , 20-, 28- and 30-inch diameter). Any of the six trees that are damaged must be removed by the owner and replaced by the owner with substantively equivalent trees at the owner's sole cost and expense at any time.

(g)

Landscaping/screening/berming.

(1)

Irrigation system shall be automatic and provided for all landscaped areas.

(2)

Landscape and tree requirements shall be as shown on the approved PD site plan, and shall be maintained by the owner at the owner's sole cost and expense.

(3)

A minimum six-foot tall opaque privacy fence or wall constructed of wood or masonry shall be installed along the entire non-street side and rear property boundaries as shown on the approved PD site plan.

(h)

Site lighting. All lighting shall incorporate use of appropriately designed and located "full shut-off" fixtures so as to prevent glare on or influence on surrounding properties.

(i)

Signage. No pylon sign shall be allowed. A non-backlit monument signage of not-to-exceed 32-square feet shall be installed complete in-place and accepted by city prior to issuance of a certificate of occupancy, in accordance with the "monument sign detail" shown on the approved PD site plan, and in accordance with all applicable provisions of the city's sign ordinance and sign permit. Storefront sign will be channel type (cutout) letters as indicated on the approved PD site plan.

(j)

Platting. Prior to issuance of a building permit, a final plat for this building site shall be submitted to and approved by the city, configuring the site into a single lot.

(k)

Lighting. Artificial illumination devices erected on the exterior of all buildings shall be shielded and angled in a manner that restricts the trespass of light onto neighboring properties.

(l)

Outside displays. The accumulation of junk, trash, used building materials, yard waste, debris, and rubbish is prohibited. All trash must be containerized and shielded from view from public rights-of-way.

(m)

Landscaping. As a condition of city approval of building permits for new construction on the premises, owner shall landscape portions of the site to improve the aesthetic qualities of the location and to screen operations. The planning and zoning commission shall review and approve or disapprove any landscaping plan submitted with new building permit applications.

(Ord. No. 2009-0219, app. A, 1-19-2009)

A site plan of the property has been submitted and approved for PD-2. It shall be an attachment to this PD. An official copy will be kept on file at the city hall.

(Ord. No. 2009-0219, app. A, 1-19-2009)

The initial minimum vehicular parking shall be no less than 30 spaces as allowed by an approved variance and as shown on the approved PD site plan. However, such number of spaces shall be increased upon notification from city that such initial parking provided on the site is not adequate for the activities/operations actually conducted on the site.

(Ord. No. 2009-0219, app. A, 1-19-2009)

Parking variances.

(1)

Space size of nine feet by 19 feet allowed in lieu of nine feet by 20 feet.

(2)

30 spaces shall be allowed in lieu of:

a.

45 spaces normally required for this size building.

b.

A zero foot side (or front) setback adjacent to Bois D'Arc Street only shall be allowed in lieu of a 25-foot front setback normally required on this corner lot.

c.

A rear setback of 20 feet shall be allowed in lieu of 50 feet where the rear yard abuts property zoned residential.

d.

A side setback of 25 feet shall be allowed where the tract abuts property zoned residential.

(Ord. No. 2009-0219, app. A, 1-19-2009)

Other pertinent drawings/exhibits part of this PD:

(1)

PD site plan approved February 1, 2007 and verified by John Weir.

(2)

Landscape plan approved February 1, 2007 by the planning and zoning commission and verified by John Weir.

(3)

Color rendering approved by the planning and zoning commission on January 22, 2007 and verified by John Weir.

(Ord. No. 2009-0219, app. A, 1-19-2009)