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Hondo City Zoning Code

CHAPTER 6

USE REGULATIONS

§ 6.1 Types of Uses.

6.1.1 
Unlisted or Functionally Similar Uses
a. 
Authorization of Proposed Use.
If a proposed use is not specified in the UDC, and the City Official has made a determination that the use is either a subcategory of a permitted, limited, conditional, or temporary use, or a use that is functionally similar to a permitted, limited, conditional, or temporary use, the City Official will authorize the proposed use, and apply all standards that would have applied to the similar use.
b. 
If Not Authorized Then Prohibited.
If the Code Official determines that a proposed use is not a subcategory of, or functionally similar to, a permitted, limited, conditional, or temporary use, then the use is a prohibited use[.]
6.1.2 
Use Table.
The following table presents the zoning district classifications and the permitted uses within those classifications:
P - Designates use permitted in district indicated.
N - Designates use prohibited in district indicated (Not permitted).
S - Designates use may be approved as specific use permit.
A. Residential Uses
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Single-Family Dwelling Detached
P
P
P
P
S
N
N
N
N
N
P
P
2. Two-Family Dwelling
N
N
N
P
S
N
N
N
N
N
N
N
3. Multiple-Family Dwelling or Apartments
N
N
N
N
P
N
N
N
N
N
N
N
4. Boarding House or Rooming House
N
N
N
S
S
N
N
S
N
N
N
N
5. Hotel or Motel
N
N
N
N
N
N
S
P
P
S
N
N
6. Mobile/Manufactured Home as a Fixed Dwelling
N
N
N
P
N
P
N
N
N
N
N
N
7. Trailer or Mobile/Manufactured Home Park
N
N
N
N
N
P
N
N
N
N
N
N
8. Group Home for the Developmentally Disabled
S
S
S
S
S
N
N
N
N
N
N
S
9. Triplex and Fourplex Dwellings
N
N
N
P
P
N
N
N
N
N
N
N
10. Industrialized Homes
P
P
P
P
S
N
N
N
N
N
P
P
11. Townhomes
N
N
S
P
P
N
N
N
N
N
P
N
B. Educational & Institutional
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Church or Rectory
P
P
P
P
P
P
P
P
P
P
N
P
2. College or University
S
S
S
S
S
S
S
S
S
S
N
N
3. Childcare or Preschool (0-5)
S
S
S
S
S
S
S
S
N
N
N
S
4. Foster Home Facility
S
S
S
S
S
S
N
N
N
N
N
N
5. Fraternal Organization, Civic Club or Lodge
N
N
N
N
N
N
P
S
P
P
N
S
6. Facility for Care of Alcoholic, Drug Abuse or Psychiatric
N
N
N
N
N
N
P
N
P
N
N
N
7. Public School (PK-12)
P
P
P
P
P
P
P
P
P
P
P
P
8. Hospital (Acute Care)
N
N
N
N
N
N
P
N
P
P
N
N
9. Hospital (Chronic Care)
N
N
N
N
N
N
P
N
P
P
N
N
10. Library (Public)
S
S
S
S
S
N
P
P
P
N
N
S
11. Nursing Home or Residence for the Elderly
S
S
S
S
S
S
P
S
P
N
S
N
12. Park, Playground, or Community Center
P
P
P
P
P
P
P
P
P
P
P
P
13. Medical or Dental Clinic
N
N
N
N
N
N
P
P
S
S
N
P
14. Registered Family Home
P
P
P
P
N
S
N
N
N
N
N
P
15. Reserved
 
 
 
 
 
 
 
 
 
 
 
 
16. Cemetery or Mausoleum
S
S
S
S
S
S
N
S
S
S
S
N
17. Art Gallery or Museum
N
N
N
N
N
N
P
P
N
S
N
S
18. Halfway House
N
N
N
N
S
N
N
N
N
N
N
N
19. Chiropractic Clinic
N
S
S
S
N
N
P
P
S
S
N
P
20. Juvenile Detention Facility
N
N
N
N
N
N
N
N
S
N
N
N
21. Private School (PK-12)
S
S
S
S
S
S
S
S
N
S
N
S
C. Utility, Accessory & Incidental Uses
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Accessory Building
P
P
P
P
P
P
P
P
P
P
P
P
2. Home Occupation
P
P
P
P
P
P
N
N
N
N
P
N
3. Community Center (Public)
S
S
S
S
S
S
P
P
P
P
N
S
4. Electrical Generating Plant
N
N
N
N
N
N
N
N
S
P
N
N
5. Electrical Substation
S
S
S
S
S
S
S
S
P
P
S
S
6. Fire Station or Similar Public Safety Building
S
S
S
S
S
N
P
P
P
P
S
 
7. Off-Street Parking Incidental to Main Use
P
P
P
P
P
P
P
P
P
P
P
P
8. Radio or Television Tower (Commercial)
N
N
N
N
N
N
N
S
S
P
N
N
9. Swimming Pool (Private)
P
P
P
P
P
P
S
P
P
P
P
P
10. Telephone Business Office
N
N
N
N
N
N
P
P
S
N
N
S
11. Telephone Line and Exchange Switching or Relay Station
S
S
S
S
S
S
S
S
P
P
S
S
12. Water Reservoir, Water Pumping Station or Well
S
S
S
S
S
S
S
S
P
P
S
S
13. Water Treatment Plant
S
S
S
S
S
S
S
S
S
P
S
S
14. Bed and Breakfast (in Private Home)
S
S
S
S
N
N
P
P
N
N
S
S
D. Recreational & Entertainment
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Stadium
N
N
N
N
N
N
N
S
S
S
N
N
2. Private Country Club with Golf Course
S
S
S
S
S
S
N
P
P
P
S
N
3. Dance Hall, Tavern, or Nightclub, Bar, Pub
N
N
N
N
N
N
S
S
S
S
N
N
4. Public Golf Course
S
S
S
S
S
S
N
P
P
P
S
N
5. Commercial Golf Course
S
S
S
S
S
S
N
S
P
P
S
N
6. Public Park or Playground
P
P
P
P
P
P
P
P
P
P
P
P
7. Arcade
N
N
N
N
N
N
S
P
P
P
N
N
8. Rodeo Grounds
N
N
N
N
N
N
N
N
S
P
N
N
9. Roller or Ice Skating Rink
N
N
N
N
N
N
N
P
P
P
N
N
10. Stable (Noncommercial)
N
N
N
N
N
N
N
S
S
P
N
N
11. Stable (Commercial)
N
N
N
N
N
N
N
N
S
P
N
N
12. Swim or Tennis Club
S
S
S
S
S
S
N
S
S
P
S
N
13. Theater (Outdoor)
N
N
N
N
N
N
N
S
S
P
N
N
14. Theater (Indoor)
N
N
N
N
N
N
P
P
S
S
N
N
15. Commercial Amusement (indoors)
N
N
N
N
N
N
P
P
P
P
N
N
16. Commercial Amusement (outdoors)
N
N
N
N
N
N
N
S
P
P
N
N
E. Transportation Related Uses
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Airport Landing Field or Heliport
N
N
N
N
N
N
N
S
S
P
N
N
2. Bus Station
N
N
N
N
N
N
P
P
P
P
N
N
3. Moving or Storage Company
N
N
N
N
N
N
N
S
P
P
N
N
4. Railroad or Motor Freight Terminal
N
N
N
N
N
N
N
S
S
P
N
N
5. Railroad Track or Right-of-Way
P
P
P
P
P
P
P
P
P
P
P
P
6. Truck Parking Lot
N
N
N
N
N
N
N
S
P
P
N
N
7. Commercial Parking Lot or Structure
N
N
N
N
N
N
P
P
P
P
N
S
8. Liquid Transfer Station
N
N
N
N
N
N
N
N
P
P
N
N
F. Automobile & Boat Service Uses
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Vehicle/Carwash
N
N
N
N
N
N
S
P
P
P
N
S
2. Auto or Boat Painting and Body Repair
N
N
N
N
N
N
N
S
P
P
N
N
3. Auto and Boat Sales
N
N
N
N
N
N
N
P
P
P
N
N
4. Auto Wrecking or Salvage Yard
N
N
N
N
N
N
N
N
N
S
N
N
5. Auto, Boat and Trailer, and/or RV Parking Lot
N
N
N
N
N
N
N
S
P
P
N
N
6. Gasoline Service Stations
N
N
N
N
N
N
S
P
P
P
N
N
7. New Auto Parts Sales Store
N
N
N
N
N
N
P
P
P
P
N
N
8. Seat Cover, Tire or Muffler Installation Shop
N
N
N
N
N
N
N
S
P
P
N
N
9. Used Auto Parts (in building)
N
N
N
N
N
N
S
P
P
P
N
N
10. Automotive Repair
N
N
N
N
N
N
N
P
P
P
N
N
11. Automobile Rental
N
N
N
N
N
N
P
P
S
S
N
N
G. Retail & Service Type Uses
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Antique Shop
N
N
N
N
N
N
P
P
S
S
N
S
2. Bakery or Confectionery Shop (Retail).
N
N
N
N
N
N
P
P
S
S
N
N
3. Cafeteria
N
N
N
N
N
N
P
P
S
S
N
N
4. Cleaning and Pressing Small Shop with Pickup
N
N
N
N
N
N
P
P
S
S
N
S
5. Custom Personal Service Shop
N
N
N
N
N
N
P
P
S
S
N
S
6. Drapery, Needlework or Weaving Shop
N
N
N
N
N
N
P
P
S
S
N
S
7. Florist or Garden Shop
N
S
S
S
N
N
P
P
S
S
N
S
8. Greenhouse or Plant Nursery
N
N
N
N
N
N
N
S
P
P
N
N
9. Handicraft Shop
N
N
N
N
N
N
P
P
P
P
N
S
10. Fix-It Shop (Household Items)
N
N
N
N
N
N
P
P
P
P
N
N
11. Laundry or Cleaning (Self-Service)
N
N
N
N
N
N
P
P
P
P
N
N
12. Mortuary or Funeral Home
N
N
N
N
N
N
N
P
P
P
N
N
13. Pawnshop
N
N
N
N
N
N
P
P
P
P
N
N
14. Restaurant with Drive-In Service
N
N
N
N
N
N
N
P
P
P
N
N
15. Restaurant without Drive-In Service
N
N
N
N
N
N
P
P
P
P
N
N
16. Restaurant with Private Club
N
N
N
N
N
N
S
S
S
S
N
N
17. Studio for Photographer, Musician, Artist or Health, Fitness Center, Gymnasium
N
N
N
N
N
N
P
P
P
P
N
P
18. Secondhand Store, New and Used Furniture, or Rummage Sale (Indoors)
N
N
N
N
N
N
P
P
P
P
N
N
19. Commercial Tool or Trailer Rental
N
N
N
N
N
N
N
S
P
P
N
N
20. Home Tool Rental
N
N
N
N
N
N
N
S
P
P
N
N
21. Professional Pharmacy
N
N
N
N
N
N
P
P
P
P
N
N
22. Beauty Shop or Barbershop and Sun Tanning Salon
N
S
S
S
N
N
P
P
P
P
N
P
23. Offices Professional and Administrative
N
N
N
N
N
N
P
P
P
P
N
N
24. Convenience Stores
N
N
N
N
N
N
P
P
P
P
N
N
25. Retail Stores and Shops Other Than Those Listed
N
N
N
N
N
N
S
S
S
S
N
N
26. Grocery Store, Supermarket
N
N
N
N
N
N
P
P
P
P
N
N
27. Farmers’ Market (Outside sale of produce and new merchandise)
N
N
N
N
N
N
P
S
S
S
N
N
28. Accountant / Bookkeeper
N
S
S
S
N
N
P
P
P
P
S
P
29. Real Estate
N
S
S
S
N
N
P
P
P
P
S
P
30. Law Offices
N
S
S
S
N
N
P
P
P
P
S
P
31. Jewelry Repair
N
S
S
S
N
N
P
P
P
P
N
P
32. Small Electric Motor Repair
N
S
S
S
N
N
P
P
P
P
N
N
33. Flea Market
N
N
N
N
N
N
N
S
P
P
N
N
34. Tattoo/Body Piercing Parlor
N
N
N
N
N
N
S
S
N
N
N
N
35. Bail Bonds Office
N
N
N
N
N
N
S
S
S
S
N
N
36. Equipment Rental (Including Heavy Equip.)
N
N
N
N
N
N
N
P
P
P
N
N
37. Massage Therapy
N
N
N
N
N
N
P
P
N
N
N
P
38. Pet Grooming
N
N
N
N
N
N
N
P
P
P
N
S
H. Agricultural Uses
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Animal Pound or Humane Society Shelter
N
N
N
N
N
N
N
S
P
P
N
N
2. Animal Clinic or Hospital (No Outside Pens)
N
N
N
N
N
N
N
S
P
P
N
N
3. Animal Clinic or Hospital (With Outside Pens)
N
N
N
N
N
N
N
N
S
S
N
N
4. Farm (Horticulture)
P
P
P
P
P
P
P
P
P
P
N
N
5. Greenhouse or Plant Nursery (Wholesale)
N
N
N
N
N
N
N
P
P
P
N
N
6. Poultry Nursery
N
N
N
N
N
N
N
S
S
S
N
N
7. Livestock Auction Feeding Pens or Yards
N
N
N
N
N
N
N
N
N
S
N
N
8. Kennels
N
N
N
N
N
N
N
N
S
S
N
N
9. Ranch (Animal Husbandry)
N
N
N
N
N
N
N
N
N
S
N
N
I. Commercial Uses
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Advertising Sign (Off-Site)
2. Wholesale Bakery
N
N
N
N
N
N
P
P
P
P
N
N
3. Building Materials Sales or Lumberyard
N
N
N
N
N
N
S
S
S
P
N
N
4. Cabinet or Upholstery Shop
N
N
N
N
N
N
S
P
P
P
N
N
5. Cleaning or Dyeing Plant
N
N
N
N
N
N
N
N
S
P
N
N
6. Clothing Manufacture or Lgt Compounding or Fabrication
N
N
N
N
N
N
N
N
P
P
N
N
7. Contractor’s Shop and Storage Yard
N
N
N
N
N
N
N
N
S
P
N
N
8. Engine and Motor Repairing
N
N
N
N
N
N
S
P
P
P
N
N
9. Feed Store
N
N
N
N
N
N
N
P
P
P
N
N
10. Heavy Machinery Sales and Storage
N
N
N
N
N
N
N
S
P
P
N
N
11. Job Printing or Newspaper Printing
N
N
N
N
N
N
P
P
P
P
N
N
12. Milk Depot, Dairy or Ice Cream Plant
N
N
N
N
N
N
N
N
S
N
N
N
13. Paint Shop
N
N
N
N
N
N
N
S
P
P
N
N
14. Petroleum Products Storage (Wholesale)
N
N
N
N
N
N
N
N
S
P
N
N
15. Package Liquor Store
N
N
N
N
N
N
P
P
S
S
N
N
16. Storage or Sales Warehouse
N
N
N
N
N
N
N
S
P
P
N
N
17. Trade or Commercial School
N
N
N
N
N
N
P
P
P
P
N
N
18. Trailer or Mobile/Manufactured Home Rental or Sales
N
N
N
N
N
N
N
S
P
P
N
N
19. Wholesale Office and Sample Room
N
N
N
N
N
N
N
P
P
P
N
N
20. Mini-Warehouse
N
N
N
N
N
N
N
S
P
P
P
P
J. Natural Resource Storage & Mining
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Mining and Storage of Stone, Rock, or Gravel
N
N
N
N
N
N
N
N
S
S
N
N
2. Petroleum or Gas Well
N
N
N
N
N
N
N
N
S
S
N
N
3. Petroleum Collecting or Storage Facility
N
N
N
N
N
N
N
N
S
S
N
N
4. Mining or Storage of Mining Wastes
N
N
N
N
N
N
N
N
N
S
N
N
K. Special Industrial Processes
RE
R1
R2
R3
MF
MMH
CBD
C
LI
HI
PH
CL
1. Asphalt or Concrete Batching Plant (Permanent)
N
N
N
N
N
N
N
N
S
S
N
N
2. Asphalt or Concrete Batching Plant (Temporary)
N
N
N
N
N
N
N
N
S
S
N
N
3. Cement or Hydrated Lime Manufacture
N
N
N
N
N
N
N
N
N
P
N
N
4. Sanitary Landfill Area
N
N
N
N
N
N
N
N
N
S
N
N
5. Open Salvage Yard for Rags, Machinery, etc.
N
N
N
N
N
N
N
N
N
S
N
N
6. Slaughterhouse or Meat Packing Plant
N
N
N
N
N
N
N
N
N
S
N
N
7. Smelter or Refinery
N
N
N
N
N
N
N
N
N
S
N
N
8. Welding or Machine Shop
N
N
N
N
N
N
S
P
P
P
N
N
9. Brick Kiln or Tile Plant
N
N
N
N
N
N
N
N
N
P
N
N
10. Taxidermy
N
N
N
N
N
N
N
S
N
S
N
N
11. Animal Tanning
N
N
N
N
N
N
N
N
N
S
N
N
General Manufacturing and Industrial Uses not Prohibited by Law and Excepting Those Specifically Listed as Requiring Special Use Permits
N
N
N
N
N
N
N
N
N
S
N
N
6.1.3 
Special Area and Use Regulations
a. 
Courts.
Where an apartment building or buildings are erected so as to create enclosed inner courts, the faces of all opposite walls in such courts shall be a minimum distance of twenty (20) feet apart and no balcony or canopy shall extend into such minimum inner court area.
b. 
Location of Dwellings and Buildings.
Only one (1) main building for One-Family, Two-Family or Multi-Family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or front upon a public street, or approved place other than an alley, which means of access shall have a minimum width of thirty (30) feet of right-of-way. Where a lot is used for other than residential use or for residential and retail, commercial or industrial uses, more than one (1) main building may be located upon the lot, but only when the buildings conform to all the open space, parking and density requirements applicable to the uses and districts; and when all such main buildings face upon a public street or approved place other than an alley. Whenever two (2) or more main buildings, or portions thereof, are desired to be placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission and City Council so as to conform with the normal requirements for platting. No parking area, storage area, or required open space for one (1) building shall be computed as being the open space, yard or area requirements for any other building or other use.
c. 
Use Permits for Mobile and Manufactured Homes
i. 
The installation of a mobile home as a dwelling in the City is prohibited. A mobile home legally permitted by and used as a dwelling on a lot within the City may only be replaced by a HUD-code manufactured home in accordance Termination of Nonconforming Uses and Structures (f) [Section 9.9.7] of this ordinance.
ii. 
On application, the City shall permit the installation of a HUD-code manufactured home for use as a dwelling in any area determined appropriate by the City, including a subdivision, planned unit development, single lot, and rental community or park. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted, unless the City in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received.
iii. 
Subsections (a) and (b) [sic] do not affect the validity of an otherwise valid deed restriction.
(Ordinance 1148-01-18 adopted 1/8/18; Ordinance 1171-05-18, sec. 2(A), adopted 5/14/18)

§ 6.2 Specific Uses.

Upon authorization by the City of Hondo, a Specific Use Permit may be issued upon submission of an application and appropriate material describing the proposed use. The purpose of this Specific Use Permit is to provide for uses that generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community, which without specific consideration may have possible adverse impact on neighboring properties. A Specific Use Permit is valid conditioned upon that the permitted use continues and any person, corporation, or group of persons having a proprietary interest in any property which proposes to use such property in a manner which requires a Specific Use Permit complies with all ordinances, codes, regulations, conditions, and stipulations of the City of Hondo and that all structures shall comply with the electrical code, fire code, plumbing code, building code, and other applicable ordinances or codes of the City, and all state and federal laws and regulations applicable to such use.
6.2.1 
Residential Use.
Uses other than those unconditionally permitted to occur within the “RE” Residential Estate District, the “R1” Residential One District, the “R2” Residential Two District, “R3” Residential Three District, the “MF” Multi-Family District, the “MMH” Mobile Home District, “PH” Patio Home District may be permitted by means of a Specific Use Permit authorized by the City. Said uses must be listed as Specific Use Permit uses for the Patio Home “PH” District in Use Table, and must be granted in accordance with the regulations provided in Section “SP” Specific Use Permit.
6.2.2 
Nonresidential Use.
Uses other than those unconditionally permitted to occur within the “CBD” Central Business District may be permitted by means of a Specific Use Permit authorized by the City. Said uses must be listed as Specific Use Permit uses for the “CBD” Central Business District, within the “CL” Commercial - Light District, the “C” Commercial District, the “LI” Light Industrial District, the “HI” Heavy Industrial District, in Use Table and must be granted in accordance with the regulations provided in “SP” Specific Use Permit.
(Ordinance 1148-01-18 adopted 1/8/18)

§ 6.3 Accessory Uses.

Accessory Use of Structure or Building: An accessory use or structure is one customarily a part thereof, which is clearly incidental and secondary to a permitted use and which does not change the character thereof.
6.3.1 
Customary Home Occupations.
Customary home occupations ordinarily carried on in a home are not allowed in the “MF” Multi-Family District and the “MMH” Mobile/Manufactured Home District. In other residential Districts, the uses are defined as follows:
Customary home occupations are those ordinarily carried on in a home which are not detrimental or injurious to adjoining property, providing that all such uses are located in the dwelling and that no assistant, not a member of the family residing on the premises, is employed, and no sign advertising such home occupation is displayed. This use must not increase normal automobile vehicle traffic in the neighborhood nor require additional off-street parking in order to conduct business. This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conduct of a retail business. Customary home occupations may include, but are not limited to:
a. 
The office of a notary public, accountant, bookkeeper, architect, lawyer, engineer, musician, or artist;
b. 
Dressmaking, millinery, washing or ironing;
Customary home occupations shall not include the following:
a.
Barbershops, beauty shops, hairdressers:
b.
Carpenter shops, electrical shops, plumbing shops;
c.
Radio and/or TV shops;
d.
Real estate sales office;
e.
Tin shops, auto repairing, furniture repairing, or similar uses.
(Ordinance 1148-01-18 adopted 1/8/18)

§ 6.4 Temporary Uses.

6.4.1 
Temporary Construction Buildings.
Temporary buildings and temporary building material storage area to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the Building Inspector and subject to periodic renewal by the inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the Building Inspector.
6.4.2 
Temporary Zoning
a. 
Zoning on Newly Annexed Territory.
All territory hereafter annexed to the City of Hondo shall be temporarily classified as “RE”, Residential Estate Zoning District, until permanent zoning is established by the City Council of the City of Hondo.
i. 
Residential Districts Permanent or Temporary.
“RE” Residential Estate Zoning District can be either a permanent zoning or temporary zoning category. If used when annexing new territory, it shall be considered “temporary” zoning. If, after public hearings, the Planning and Zoning Commission and City Council determine that “RE” is the proper zoning then that district is considered “permanent” zoning.
ii. 
Permit Required in Newly Annexed Area.
No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure or add to 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 Chief Building Official or the City Council as may be required herein.
iii. 
No Permit Issued Except for “RE” Residential Estate Uses.
No permit for the construction of a building other than a permit which will allow the construction of a building permitted in the “RE” Residential Estate Zoning District, shall be issued, unless and until such territory has been classified in a permanent zoning category, except as provided elsewhere in this ordinance.
iv. 
Other Permits.
An application for a permit for any use other than that specified in the paragraph above shall be made to the Chief Building Official and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission, in making its recommendation to the City Council concerning any such permit, shall take into consideration the appropriate land use for the area, as shown in the Comprehensive Land Use Plan. The City Council, after receiving and reviewing the recommendation of the Planning and Zoning Commission, may by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application.
b. 
Questions Arising on Zoned Areas.
Where physical features of the ground are at variance with information shown on the official Zoning Map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved, the property shall be considered as classified “RE” Residential Estate Zoning District, temporarily, in the same manner as newly annexed territory. The issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions prescribed in Temporary Zoning for temporarily zoned areas.
(Ordinance 1148-01-18 adopted 1/8/18)