(A)

Chimneys, church steeples or spires, monuments, tanks, stage towers or scenery lofts, cooling towers, ornamental towers and spires, elevator bulkheads, stacks, conveyors, flag poles, and mechanical equipment may extend for an additional height not to exceed fifteen (15) feet above the maximum permissible height allowed for a structure within the applicable district.

(B)

Sports lighting facilities owned by or under the control of a governmental entity and utility poles and towers owned by a public utility and used for the transmission and distribution of electricity may be erected to any height in any zoning district, unless prohibited by airport height hazard zoning regulations.

(C)

In all cases where residential or non-residential structures are required to be built as elevated buildings, as defined in § 152.04 of the City Code of Ordinances, to comply with the flood hazard reduction regulations as contained in Chapter 152, Flood Hazard Areas, the height of such structures shall not extend more than thirty-five (35) feet above the first-floor living or occupied elevation, with the maximum overall height of the structure not to exceed fifty (50) feet above finished grade.

(A)

The respective depths of the required front and rear yards are determined by measuring along the side lot lines, beginning at the respective front and rear lot lines and extending to the required minimum distances. The depth of the required side and corner yards are determined by measuring along the front and rear yards, beginning at the respective side and corner lot lines and extending to the required minimum distances.

(B)

Except as otherwise provided in this Chapter, a building must not be erected, established, altered, converted, or relocated so as to be located or extend within the required front, side, corner or rear yard.

(C)

A developed lot shall not be in violation of the yard requirements if the yard is reduced below the required minimum because of an increase in the street right-of-way.

(D)

In applying these zoning regulations, the front yard of a corner lot shall be considered as parallel to the street upon which the lot has its least dimension.

(A)

When 40 percent or greater of the frontage on one side of the street in a block (between two intersecting streets) is improved with buildings that have a front yard that is greater or less than the required front yard in the zoning district, no building shall project beyond the average front yard of the improved lots as determined by the Zoning Official.

(B)

On lots having double frontage, the required front yard shall be provided on both streets.

(C)

Off-street parking facilities may be located within the required front yard of any nonresidential establishment in a nonresidential district but shall conform to the height and area regulations and development and performance standards of the applicable district.

(D)

Every part of a required front yard must be open and unobstructed by structures from ground level of the graded lot to the sky, except as follows:

1.

Bay windows projecting not more than three (3) feet, and not within five (5) feet of a lot line.

2.

Chimneys projecting not more than three (3) feet, and not within five (5) feet of a lot line.

3.

Steps four (4) feet or less above grade, which are necessary for access to a permitted building or for access to a lot from a street or public way.

4.

Awnings and canopies attached to a principal building and projecting not more than three (3) feet, and located at least eight (8) feet above adjoining walkways and driveways.

5.

Open entrances, stoops, and porches, when not covered, projecting not more than ten (10) feet from a principal building, but not more than eighteen (18) inches above grade.

6.

Access ramps for the disabled.

7.

Landscaping, fountains, sculptures, lighting fixtures, flagpoles and mailboxes, which are situated and constructed in compliance with all other provisions, provided it does not obstruct the view of traffic.

(A)

On platted lots that are fifty (50) feet or less in width, which are platted at the time of the adoption of this Chapter, the minimum corner side yard setback may be reduced to not less than five (5) feet, so that the width of the lot available for construction of the principal building is at least 30 feet.

(B)

No accessory building shall project beyond a required yard setback along any street.

(C)

Where a dwelling unit or multiple units are erected above a commercial establishment, no side yard is required except that required for the commercial building.

(D)

For the purpose of side yard regulations, a two-family dwelling or multiple-family dwelling shall be considered as one (1) building occupying one (1) lot.

(E)

Every part of a required side yard must be open and unobstructed by structures from ground level of the graded lot to the sky, except as follows:

1.

Central air conditioning units, heat pumps and solar collecting equipment, extending not more than ten (10) feet from the principal structure.

2.

Balconies and chimneys not projecting more than three (3) feet.

3.

Off-street parking spaces and loading areas.

4.

Open entrances, stoops, and porches, when not covered, projecting not more than ten (10) feet from a principal building, but not more than eighteen (18) inches above grade.

5.

Awnings and canopies attached to a principal building and projecting not more than three (3) feet from the side of the building, and located at least eight (8) feet above adjoining walkways and driveways.

6.

Landscaping, fountains, sculptures, lighting fixtures, flagpoles and mailboxes, which are situated and constructed in compliance with all other provisions, provided it does not obstruct the view of traffic.

7.

The projections of roof eaves, projecting not more than thirty (30) inches, provided such projection shall be no closer than three (3) feet to any side lot line.

(A)

If a rear yard of any premises abuts a lake or waterway or abuts upon a common area that adjoins a lake or waterway, the principal building shall not be closer than twenty-five (25) feet to the water's edge.

(B)

Swimming pools shall not be located within three (3) feet of a lot line, within fifteen (15) feet from any water edge, nor within any easement.

No more than one (1) single-family detached dwelling or one (1) two-family dwelling (duplex) shall be permitted on a lot.

A dwelling unit may only be occupied by a family, and no dwelling unit shall be permanently occupied by more than one (1) family at any one time. For the purposes of this Section, a family is permanently occupying the dwelling unit if it continuously occupies the unit for more than thirty (30) days.

Within the triangular area formed by the right-of-way lines of intersecting streets and a line connecting points twenty-five (25) feet on either side of such intersecting rights-of-way, including triangles formed from centerlines of driveways, there shall be clear space and no obstruction to vision. Fences, walls, plantings and signs shall be restricted to a height of thirty (30) inches or less above the average grade of each street as measured at the centerlines of the streets.

All uses and activities permitted within the City shall conform to the following performance measures and standards:

1.

Noise: All uses and activities permitted shall conform to the City's noise regulations, as provided in the Code of Ordinances (Chapter 92).

2.

Vibration: No use shall be permitted which produces ground vibrations noticeable without instruments at the lot line of the premises on which the use is located.

3.

Smoke emissions: All uses shall comply with state and county regulations pertaining to the emission of smoke.

4.

Odors: No use shall be permitted to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located, subject to applicable state air quality regulations.

5.

Toxic or noxious matter: No use shall for any period of time discharge across boundaries of a lot line on which it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to persons, property, or the use of property or land, or render unclean the waters of the state to the extent of being harmful or inimical to public health, animal or aquatic life, or the use of such waters for domestic water supply, recreation, or other legitimate and necessary uses. Disposal of toxic or hazardous waste within the City is specifically prohibited.

6.

Nuclear radiation: Any operation involving radiation, i.e. the use of gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other atomic or nuclear particles, shall be permitted only in accordance with state and federal laws, rules, and regulations, or any other applicable regulation.

7.

Electromagnetic radiation and interference:

a.

Radiation - No person shall operate or cause to be operated for any purpose a planned or unplanned source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission (FCC) regarding such sources of electromagnetic radiation.

b.

Interference - No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception.

8.

Heat or glare: Any activity producing heat or glare shall be carried on in such a manner that such heat or glare is not perceptible at any lot line. Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces, shall be shielded to avoid creating a nuisance across lot lines. The light intensity from illumination of any kind shall not exceed fifty-foot lamberts at any point along the line of the lot containing the light source.

(A)

Property and business owners are required to trim and maintain all trees within their property boundaries along public streets, alleyways, and sidewalks.

(1)

Trees that hang over a sidewalk shall be trimmed to a height of eight feet above said sidewalk.

(2)

Any tree which hangs over any street or alleyway shall be trimmed to a height not less than 14 feet.

(3)

Any dead, diseased, or dying trees shall be removed.

(B)

The city shall have the right to plant, prune, maintain and remove trees, plants, and shrubs along all streets, alleys, and right-of-way as may be necessary to ensure public safety or to preserve the symmetry and beauty of public property. The city shall also have the authority to prune, maintain and remove trees, plants and shrubs located on private property which cause an obstruction to public travel along streets, or impairs vision of traffic signs and signals, or prevents the property sight distance at intersections, or in any other way creates a public hazard.

(Ord. No. 2022-010, § 1, 5-16-22)

(A)

It shall be unlawful for the owner of any lot, building, house, establishment or premises in the city to allow or permit any carrion, filth or other impure or unwholesome matter of any kind to accumulate or remain thereon, in accordance with V.T.C.A., Health and Safety Code § 342.003.

(B)

It shall be unlawful for the owner, lessee, renter or occupant of any lot or premises in the city to allow or permit weeds or tall grass (12 inches or higher), rubbish, brush, dead or diseased trees, plants, or shrubs or any other unsightly, objectionable or unsanitary matter of whatever nature to accumulate or remain on any lot or premises, in accordance with V.T.C.A., Health and Safety Code § 342.004.

(C)

Whenever any condition described in this subchapter is found to exist on any premises within the city, the owner of the premises shall be notified by the city in writing to correct, remedy or remove the condition within seven days after the notice, and it shall be unlawful for any person to fail to comply with the notice.

(1)

The notice must be given:

(a)

Personally, to the owner in writing;

(b)

By letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or

(c)

If personal service cannot be obtained;

1.

By publication at least once;

2.

By posting the notice on or near the front door of each building on the property to which the violation relates; or

3.

By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.

(2)

If a notice is mailed to a property owner in accordance with division (A)(2), and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.

(3)

In a notice provided under this section, representatives of the city may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city, without further notice, may correct the violation at the owner's expense and assess the expense against the property.

(4)

If the owner of the premises fails to correct, remedy or remove the condition within seven days after the notice the city at its option may correct, remedy or remove the condition and assess its expenses as provided by V.T.C.A., Health and Safety Code § 342.007 or fine the owner of the premises up to $2,000.00 pursuant to V.T.C.A., Local. Gov't Code § 54.001(b)(1).

(5)

If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city, without notice, may take any action permitted by the V.T.C.A., Health and Safety Code § 342.006(a)(1) and (2) and assess its expenses as provided by V.T.C.A., Health and Safety Code § 342.007.

(Ord. No. 2022-010, § 1, 5-16-22)