(a)

For the purposes of this chapter, the city is hereby divided into the following districts:

(b)

The location and boundaries of the districts established in this section are shown upon the official zoning map, which is hereby incorporated into this chapter. The zoning map, together with all notations, references and other information shown thereon and all amendments thereto, shall be as much a part of this chapter as if fully set forth and described in this section. The zoning map, properly attested, is on file in the office of the city secretary.

(Ord. No. 2023-27, § 1, 12-12-23)

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

(1)

The district boundaries are either streets or alleys, unless otherwise shown, and where the district designated on the map accompanying and made part of this chapter is bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.

(2)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

(3)

In any unsubdivided property the district boundary lines on the zoning map accompanying and made part of this chapter shall be determined by use of the scale appearing on the map.

(4)

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

(5)

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

(Ord. No. 2023-27, § 1, 12-12-23)

(a)

No land shall be used except for a purpose permitted in the district in which it is located.

(b)

No building shall be erected or structurally altered, nor shall any building or premises be used for any purpose other than permitted in the district in which such building or premises is located. No lot area shall be reduced or diminished so the yards shall be smaller than prescribed by this chapter, nor shall the lot area per family be reduced in any manner except in conformity with the regulations hereby established for the district in which such building is located.

(Ord. No. 2023-27, § 1, 12-12-23)

All territory annexed to the city shall be temporarily classified as AG agricultural district, until permanently zoned by the city council. The planning and zoning commission shall, as soon as practicable after annexation of any territory, recommend to the city council a plan for permanent zoning in the area. The procedure to be followed for adoption shall be the same as is provided by law for the adoption of original zoning regulations.

(Ord. No. 2023-27, § 1, 12-12-23)

(a)

The official zoning map of the city shall be kept in the office of the city secretary, and one copy shall be maintained in the office of the administrative officer.

(b)

It shall be the duty of the person designated by the city manager as administrative officer to keep the official map current and the copies provided for in this section, by entering on such map any change which the city council may from time-to-time order by amendments to this chapter and the map.

(c)

The city secretary, upon the adoption of this chapter, shall affix a certificate identifying the map in his office as the official zoning map of the city. He shall likewise officially identify the copies directed to be kept by the planning and zoning commission and in the office of the administrative officer.

(Ord. No. 2023-27, § 1, 12-12-23)

Unless otherwise specified in a particular section, height and area regulations in the various district are enumerated in division 2, article V of this chapter.

(Ord. No. 2023-27, § 1, 12-12-23)

Unless otherwise specified in a particular section, parking regulations in the various district are enumerated in division 3, article V of this chapter.

(Ord. No. 2023-27, § 1, 12-12-23)

Unless otherwise specified in a particular section, sign regulations in the various district are enumerated in division 4, article V of this chapter.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the AG agricultural district shall be used only for the following purposes:

(1)

Single-family dwellings.

(2)

Farm, ranch, garden or orchards.

(3)

Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

(4)

Institutions of an educational, religious, eleemosynary, philanthropic, or similar nature, but not penal or mental institutions.

(5)

Public buildings, including libraries, museums, police and fire stations.

(6)

Parks, playgrounds and community centers; private nonprofit recreation areas, institutional or recreational centers; public and private forest and wildlife preserves; and similar conservation areas.

(7)

Substations along an electric transmission line.

(8)

Home occupations.

(9)

Group Home (6 or fewer residents).

(10)

Industrialized housing provided the structure have a "value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet" of where the industrialized housing is proposed to be located and have "exterior siding, roofing, roof pitch, foundation fascia, and fenestration" that is compatible with single-family homes located within 500 feet of the lot and that the structure be securely fixed to a permanent foundation.

(11)

Accessory building and uses, customarily incidental to the uses in this section, and located on the same lot therewith.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the R-1F farm residential district shall be used only for the following purposes:

(1)

Any use allowed in the AG agricultural district.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the R-1R farm residential district shall be used only for the following purposes:

(1)

Any use allowed in the AG agricultural district.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the R-1E farm residential district shall be used only for the following purposes:

(1)

Aby use allowed in the AG agricultural district.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the R-1 single-family residential district shall be used only for the following purposes:

(1)

Any use allowed in the AG agricultural district except farm, ranch, or orchard uses.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in an R-2 two-family residential district shall be used only for the following purposes:

(1)

Any use permitted in an R-1 single-family residential district.

(2)

Two-family dwellings.

(3)

Office of a resident physician, dentist, attorney-at-law, or similar professional persons when located within and a part of his dwelling, limited, however, to one employee outside the immediate family.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the R-3 three- and four-family residential district shall be used only for the following purposes:

(1)

Any use permitted in the R-2 two-family residential district.

(2)

Three-family dwellings.

(3)

Four-family dwellings.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the M multiple-family district shall be used only for the following purposes:

(1)

Any use permitted in the R-3 three- and four-family residential district.

(2)

Multifamily dwellings.

(3)

Boardinghouses, lodging houses and group day care facilities.

(4)

Hospitals, clinics, sanitariums, except a criminal, mental or animal hospital.

(5)

Nursing and convalescent homes.

(6)

Townhouses.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the P professional office district shall be used only for the following purposes:

(1)

Professional offices and office buildings.

(2)

Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, that there is no outside entrance to such shop.

(3)

Adult day care facilities, day care centers and registered adult personal care facilities.

(4)

Accessory building and uses, customarily incidental to the uses listed in this section and located on the same lot therewith.

(5)

Any use permitted in the R-3 three- and four-family residential district.

(6)

Reserved.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the C-1 local commercial district shall be used only for the following purposes:

(1)

Any use permitted in the P professional office district.

(2)

Personal service uses including barbershops, beauty parlors, photographic or artist studios, dry cleaning receiving stations, and other personal service uses of similar character.

(3)

Retail store and other local business uses supplying the everyday shopping needs of the immediate neighborhood and subject to the following conditions:

a.

It is conducted wholly within an enclosed building occupying no more than 2,500 square feet of floor area.

b.

Required yards are not used for display, sale or storage of merchandise, or for the storage of vehicles, equipment, containers or waste material.

(4)

Gasoline service stations, provided that the activities permitted do not include major automobile repairs, the storage or dismantling of old or wrecked motor vehicles, the sale of used automobile parts, except used tires, or the sale of new or used motor vehicles.

(5)

Laundries, self-service.

(6)

Studio for an artist, photographer, sculptor or musician including the teaching of art, music, dancing or other artistic instruction.

(7)

Reserved.

(8)

Accessory buildings and uses customarily incidental to any of the uses listed in this section, provided that such be not objectional because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisance.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the C-2 general commercial district shall be used only for the following purposes:

(1)

Any use permitted in the P professional office district and the C-1 local commercial district.

(2)

Stores and shops where goods are sold and services are rendered primarily at retail.

(3)

Hotels, motels, and lodging houses.

(4)

Automobile, mobile home or farm implement display and sales, tire and seat cover shops, and car washes.

(5)

Off-street parking lots for the parking of automobiles.

(6)

Public buildings, theaters (except drive-in theaters), assembly halls, and restaurants, including drive-ins.

(7)

Gasoline service stations.

(8)

Banks or saving and loans.

(9)

Printing, engraving and newspaper plants.

(10)

Shoe and small electrical appliance repair shops or similar trades.

(11)

Tin smithing, carpentry, painting or plumbing shops.

(12)

Wholesale merchandising, provided it is incidental and subordinate to primary retail business.

(13)

Bowling alleys, miniature golf courses, driving ranges, or other similar places of entertainment or amusement, provided such use is located no less than 100 feet from any R or M district.

(14)

Automotive repair shops.

(15)

Storage, provided it is limited to a supply of those articles which are to be used, displayed or sold on the premises.

(16)

Storage facilities for vehicles and personal property.

(17)

Accessory building and uses customarily incidental to any of the uses listed in this section.

(18)

Taxicab sarvice businesses.

(Ord. No. 2023-27, § 1, 12-12-23)

A building or premises in the L-1 light industrial district shall be used only for the following purposes:

(1)

Any use permitted in the C-2 general commercial district, expect residential uses.

(2)

Amusement or baseball parks.

(3)

Assaying, other than gold or silver.

(4)

Automobile laundry and steam cleaning.

(5)

Bakery, wholesale.

(6)

Blacksmithing, horseshoeing, or wagon shops.

(7)

Body and fender work for automobiles and house trailers.

(8)

Bottling works, soft drinks.

(9)

Candy, canning, or preserving factories.

(10)

Carnivals.

(11)

Carpet and rug cleaning.

(12)

Carpenter shop.

(13)

Cereal mills.

(14)

Cleaning, drying, pressing works, laundry, washateria.

(15)

Cold storage plants.

(16)

Contractors or storage yards.

(17)

Creameries.

(18)

Veterinary hospitals and kennels.

(19)

Furniture repair.

(20)

Ice plants or storage houses.

(21)

Machine shop, provided power not to exceed 50 horsepower is employed in the operation of any one machine in an enclosed building.

(22)

Manufacture of products for aluminum, brass, bronze, copper, steel, tin, or other metals and from bone, leather, paper, rubber, shell, wire, or wood of any kind other than those provided under industrial zoning, providing power not to exceed 50 horsepower is employed in the operation of any one machine in an enclosed building.

(23)

Manufacture of artificial flowers, ornaments, awnings, tents and bags, blacking, cleaning or polishing preparations, boats (small), 28 feet or less in length; brooms or brushes, buttons and novelties, canvas products, clothing, suits, coats or dresses for wholesale trade, food products, syrups, fruit juices, extracts, drugs or medicine except products classified under industrial zoning, furniture, gas, or electric fixtures, ice cream, mattresses or their renovation, peanut and pecan products, potato chips, radio and television sets, signs, including electric, provided power not in excess of 50 horsepower is employed in the operation of any one machine enclosed in a building.

(24)

Meat processing, no slaughtering.

(25)

Milk bottling or central distribution stations.

(26)

Monument or marble works, finishing and carving only.

(27)

Paint shop, spray painting or paint mixing, in an enclosed building.

(28)

Pattern shop.

(29)

Plumbing shops.

(30)

Stables, public or riding.

(31)

Storage in warehouse for commodities and materials, provided that they comply with fire ordinances.

(32)

Terminals, freight, rail, or water; tracks, trains, spurs, loading or storage, excluding freight yards; terminal, motor freight, on approval of the building inspector after a recommendation by the city engineer and provided that such motor freight terminals shall meet the following requirements, but excluding freight yards:

a.

A traffic flow plan approved by the administrative officer, based on an accurate plot plan drawn to scale. The applicant shall prepare and submit the plot to the city engineer.

b.

Loading, parking, and maneuvering space shall be entirely on private property.

(33)

Welding shops, custom work, not including structural welding.

(34)

Wholesale produce market.

(35)

Any similar uses which are not noxious or offensive because of odors, smoke, dust, noise, fumes, or vibrations.

(36)

Accessory building and uses customarily incidental to those listed in this section.

(37)

Reserved.

(38)

Excepted from the above express listing of allowable uses is any use expressly listed in the Industrial District Use Regulations of this chapter.

(Ord. No. 2023-27, § 1, 12-12-23)

(a)

No part of any building or accessory structures shall be located closer than 100 feet to any residential boundary or within 35 feet of any street line.

(b)

The aggregate area covered by a building shall not exceed 50 percent of the entire area of the lot.

(Ord. No. 2023-27, § 1, 12-12-23)

Parking and loading regulations for a L-1 light industrial district can be found in division 3, article V of this chapter and includes the following: Employee parking spaces shall be provided on the ratio of at least one for each 300 square feet of floor area in each building used for offices or similar purposes, and in the ratio of at least one space for each 500 square feet of floor area in each building used for manufacturing or similar purposes or one space for each two employees, whichever is greater.

(Ord. No. 2023-27, § 1, 12-12-23)

The I industrial district provides for industrial operations of all types, except that certain potentially hazardous industries are permitted only after public hearing and review to ensure protection of the public interest and surrounding property and persons. A building or premises shall be used only for the following purposes:

(1)

Any use permitted in the L-1 light industrial district, except residential uses.

(2)

Dwellings or mobile homes for resident watchmen and caretakers employed on the premises.

(3)

Reserved.

(4)

The following listed uses (and any similar industrial uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the amount normally resulting from the uses listed in this subsection) including the manufacture, compounding, processing, packaging, or treatment of the following products or similar products, but excluding any use described under section 78-267:

a.

Chemicals, petroleum, coal, and allied products, as follows:

Adhesives.

Alcohol, industrial.

Bleaching products.

Bluing.

Calcimine.

Candle.

Cleaning and polishing preparations (nonsoap), dressings, and blackings.

Dye-stuff.

Essential oils.

Fertilizer (nonorganic).

Fuel briquettes.

Glue and size (vegetable).

Ink manufacture from primary raw materials, including colors and pigments.

Soap and soap products.

b.

Clay, stone and glass products, as follows:

Abrasive and wheels, stones, paper, cloth, and related products.

Brick, fire brick and clay products.

Concrete central mixing and proportioning plant.

Glass and glass products.

Graphite and graphite products.

Monument and architectural stone.

Pottery and porcelain products (coal fired).

Refractories (other than coal fired).

Sand-lime products.

Stone products.

Wallboard and plaster, building, insulation, and composition flooring.

c.

Foods and beverages, as follows:

Casein.

Cider and vinegar.

Distilleries (alcoholic), breweries, and alcoholic spirits (nonindustrial) limited to brew pubs which manufacture beer on premises for retail sale and consumption on premises only.

Flour, feed and grain milling storage limited to end user manufacturer and retail/wholesale sales.

Molasses.

Oils, shortenings, and fats (edible) and storage.

Pickles, vegetable relish, and sauces.

Rice cleaning and polishing.

Sauerkraut.

Sugar refining.

d.

Metal and metal products, as follows:

Boiler manufacture, other than welded.

Brass and bronze foundries.

Forge plant, pneumatic, drop and forging hammering.

Plating (hot dip), except chrome plating.

Locomotive and railroad car building and repair.

Motor testing (internal combustion motors).

Ore dumps and elevators.

Structural iron and steel fabrication.

Wire rope and cable.

e.

Textile, fibers and bedding, as follows:

Bleachery.

Cotton wadding and linter.

Hair and felt products, washing, curing, dyeing.

Jute, hemp, and sisal products.

Linoleum and other hard surface floor covering, except wood.

Nylon.

Oilcloth, oil treated products and artificial leather.

Rayon.

Shoddy.

Wool pulling or scouring.

f.

Wood and paper products, as follows:

Excelsior.

Paper and paperboard (from paper machines only).

Sawmill, including cooperage stock mill.

Wallboard.

g.

Unclassified industries, as follows:

Rubber, natural or synthetic, gutta-percha, chicle, and balata process.

Rubber tire and tube.

Shell grinding.

h.

Unclassified uses, as follows:

Airports and landing fields.

Bag cleaning.

Boat manufacture.

Coal pocket.

Oil, vegetable and animal (nonedible) and storage.

Paint, lacquer, shellac, and varnish, including colors and pigments, thinners, and removers.

Railroad switching and classification yard, roundhouse, repair and overhaul shops.

Roofing materials, building paper, and felt, including asphalt and composition.

Salt tanning materials and allied products.

Shipyard, and accessory buildings and uses which may include temporary dwellings for the crews of ships which are in the yard for repairs which render the ship uninhabitable, provided that the members of said crews shall live in the buildings only while repair work is in progress and for the period of time repair work renders the ship uninhabitable by said crews.

Tar products, except distillation.

(5)

Accessory buildings and uses customarily incidental to those in this section.

(Ord. No. 2023-27, § 1, 12-12-23)

For uses not enumerated in the industrial district section, a special use permit shall be required in addition to the industrial district zoning. The application shall be submitted to the administrative officer a minimum of 20 days prior submission to the city council and shall include the items listed in Division 4 of this chapter as well as:

(1)

The applicant's name, mailing address and telephone numbers.

(2)

The names, mailing addresses and telephone numbers of the owners of the property which is the subject of the application.

(3)

The legal description of the property which is the subject of the application.

(4)

A description of the proposed uses, approval of which is sought; a description of hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, or toxic substances, accompanying the proposed use.

(5)

A description of all safeguards proposed to protect the surrounding property and persons from hazards accompanying the proposed use.

(6)

A site plan showing the location of all improvements, landscaping, yard areas, sight and/or noise barriers, existing and planned, on the subject property.

The city council shall not permit such buildings, structures, or uses unless they find that the public health, safety, morals, and general welfare of the city will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons from hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, or toxic substances, accompanying the proposed use. The city council may, as part of its decision, impose such conditions and safeguards as are reasonable or necessary in its opinion to protect surrounding property and persons from such hazards, including, by way of illustration and not limitation, the creation of transitional zoning district areas between the subject property and the surrounding properties, setback and yard area requirements exceeding the minimum requirements otherwise applicable, structure height restrictions more restrictive than the requirements otherwise applicable, noise, sound and sight barriers and landscape treatments.

(Ord. No. 2023-27, § 1, 12-12-23)

Height and area requirements for an I industrial district can be found in division 2, article V of this chapter, and, in addition, the following regulations shall apply:

(1)

Whenever any building or structure in the I industrial district adjoins or abuts upon a residence district, such building or structure shall not exceed 50 feet in height unless set back one foot from all required yard lines abutting such residential district for each foot of additional height above 50 feet.

(2)

No part of any building or accessory structures shall be located closer than 100 feet to any residential boundary or within 35 feet of any street line.

(3)

The aggregate area covered by a building shall not exceed 50 percent of the entire area of the lot.

(Ord. No. 2023-27, § 1, 12-12-23)

Parking and loading regulations for an I industrial district can be found in division 3, article V of this chapter. Employee parking spaces shall be provided on the ratio of at least one for each 400 square feet of floor area in each building used for offices or similar purposes, and in the ratio of at least one space for each 600 square feet of floor area in each building used for manufacturing or similar purposes or one space for each two employees, whichever is greater.

(Ord. No. 2023-27, § 1, 12-12-23)

The following words, terms and phrases, when used in this district, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Advertising or advertisement means any commercial message which promotes the sale, exchange, or lease-purchase of manufactured homes and which appears in, or is presented on, radio, television, a public address system, newspaper, leaflets, flyers, catalogs, direct mail literature, other printed material, an inside or outside sign or window display, or in point-of-sale literature or price tags. Materials which are educational or that may be required by law do not constitute advertising. Any advertisement relating to manufactured housing shall be considered as an offer to sell, exchange, or lease-purchase to consumers.

Alteration means the replacement, addition, and modification, or removal of any equipment or its installation in a new manufactured home after sale by a manufacturer to a retailer, but prior to sale and installation by a retailer to a purchaser which may affect the construction, fire safety, occupancy, plumbing, heat-producing or electrical system. It includes any modification made in the manufactured home which may affect the compliance of a home with the standards, but it does not include the repair or replacement of a component or appliance requiring plug-in to an electrical receptacle where the replaced item is of the same configuration and rating as the one being replaced. It also does not include the addition of an appliance requiring plug-in to an electrical receptacle, which appliance was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which it is connected.

Broker means a person engaged by one or more other persons to negotiate or offer to negotiate bargains or contracts for the sale, exchange, or lease-purchase of a manufactured home to which a certificate or document of title has been issued and is outstanding. A broker may or may not be an agent of any party involved in the transaction. A person who maintains a location for the display of manufactured homes is not a broker but is a retailer. The term shall not apply if the manufactured home is affixed to a permanent foundation, the manufacturer's certificate or the document of title is canceled, and the home is offered as real estate; however, the provisions of the real estate license act, Vernon's Ann. Civ. St. art. 6573a shall apply.

Consumer means any person other than one registered under this division who seeks or acquires by purchase, exchange, or lease-purchase a manufactured home.

Dependent travel trailer means a manufactured home without inside toilets and bath.

HUD-Code manufactured home means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g).

HUD-Code manufactured home subdivision means a subdivision platted for only HUD-Code manufactured homes as per chapter 54 of this Code.

Industrialized housing means a home is built to a state code that is adopted by the state department of licensing and regulation and labeled at the end of the building process.

Installation means the transporting of manufactured homes or manufactured home components to the place where they will be used by the consumer, the construction of the foundation system, whether temporary or permanent, and the placement and erection of a manufactured home or manufactured home components on the foundation system, and includes supporting, blocking, leveling, securing, anchoring, and proper connection of multiple or expandable sections or components, the installation of air conditioning, and minor adjustments.

Installer means any person, including a retailer or manufacturer, who performs installation functions on manufactured housing.

Label means a device or insignia issued by the commissioner to indicate compliance with the standards, rules, and regulations established by the Department of Housing and Urban Development, and is permanently affixed to each transportable section of each HUD-Code manufactured home constructed after June 15, 1976, for sale to a consumer.

Lease-purchase means to enter into a lease contract with a provision conferring on the lessee an option to purchase the manufactured home.

Manufactured home park means any plot of ground upon which facilities are provided for locating two or more manufactured homes to be occupied for dwelling or sleeping purposes, regardless of whether or not a charge is made for such accommodation.

Manufactured home space means a plot of ground within a manufactured home park designed for the accommodation of one manufactured home.

Manufactured housing or manufactured home means a HUD-Code manufactured home or a mobile home and collectively means and refers to both.

Manufacturer means any person who constructs or assembles manufactured housing for sale, exchange, or lease-purchase within the state.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.

Natural or artificial barrier means any embankment, fence, hedge, or other feature that serves to block direct pedestrian access or visibility.

Operator means the person in charge of operating any manufactured home park either under written or verbal lease, or any other arrangement whereby he exercises control over the premises.

Owner means the person in whose name the title of the lot, block, tract, or parcel of land is shown to be.

Person means an individual, partnership, company, corporation, association, or other group, however organized.

Registrant means any person who has registered with the department and has been issued a certificate of registration as a manufactured housing manufacturer, retailer, broker, salesperson, or installer.

Retailer means any person engaged in the business of buying for resale, selling, or exchanging manufactured homes or offering such for sale, exchange, or lease-purchase to consumers. No person shall be considered a retailer unless engaged in the sale, exchange, or lease-purchase of two or more manufactured homes to consumers in any consecutive 12-month period.

Salesperson means any person who for any form of compensation sells or lease-purchases manufactured housing to consumers as an employee or agent of a retailer or broker.

State commission means the Texas Commission of Licensing and Regulation.

State commissioner means the Texas Commissioner of Licensing and Regulation.

State department means the Texas Department of Licensing and Regulation.

State manufactured housing standards code means the Texas Manufactured Housing Standards Code.

State seal means a device or insignia issued by the state commissioner to be affixed to used manufactured homes for titling purposes, as required by the state commissioner. The seal shall remain the property of the state department.

Travel trailer or recreational vehicle means a vehicular portable structure such as a travel trailer or camping trailer or self-propelled pickup truck camper or motor home designed as a temporary dwelling for travel, recreation, and vacation uses.

Travel trailer or recreational vehicle park means any plot of ground upon which facilities are provided to locate two or more travel trailers or recreational vehicles to be occupied for a temporary dwelling for travel, recreation or vacation uses.

The definitions of the terms "mobile home," "HUD-Code manufactured home," and "manufactured housing" set forth in this section are binding on all persons and agencies in this state as a matter of law, including local political subdivisions and home-rule cities. A mobile home is not a HUD-Code manufactured home, and a HUD-Code manufactured home is not a mobile home for any purpose under the laws of this state.

(Ord. No. 2023-27, § 1, 12-12-23)

Cross reference— Definitions generally, § 1-2.

The regulations set forth in this division, or set forth elsewhere in this article, when referred to in this division, are the regulations of the T1-A travel trailer/recreational vehicle park district, the T1-B HUD-Code manufactured home park district, and the T1-C HUD-Code manufactured home subdivision district. These districts are intended to preserve appropriate land for the development for single-family residences utilizing HUD-Code manufactured home parks and subdivisions and also for the development of tourist accommodations which utilize travel trailer/recreational vehicle parks. HUD-Code manufactured homes and travel trailers/recreational vehicles shall be restricted to the zoning districts named in this article. It shall be unlawful for any person to construct, alter or extend any travel trailer/recreational vehicle park, HUD-Code manufactured home park or subdivision area within the limits of the city unless he holds a valid building permit issued by the city building official in the name of such person for the specific construction, alteration, or extension proposed. Additionally any use permitted in an R-1 single-family residential district or R-2 two-family residential district with a letter of acknowledgement accompanying the permit stating that the owner recognizes this is either a T1-A travel trailer/recreational park, T1-B HUD-Code manufactured home park, or T1-C HUD-Code manufactured home subdivision district. Also all plans for specific construction, alteration, or extension of a travel trailer/recreational vehicle park, HUD-Code manufactured home park or HUD-Code manufactured home subdivision shall have been submitted, reviewed and approved by the planning and zoning commission according to the procedures established by the subdivision chapter of this Code and all other applicable ordinances of the city before the certificate of occupancy is issued by the building official.

(Ord. No. 2023-27, § 1, 12-12-23)

An area or premises developed as a T1-A travel trailer or recreational vehicle park district shall be used and developed according to the following regulations:

(1)

Permit requirements. A permit to construct, alter or extend any travel trailer or recreational vehicle park area may be issued only when such area is located within the appropriate zoning district as provided for in this article and such area consists of at least five acres in size with a minimum frontage of 100 feet, located on a public street or highway.

(2)

Ground surfaces. Exposed ground surfaces in all parts of a travel trailer or recreational vehicle park shall be paved or covered with screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.

(3)

Access. Access to the travel trailer or recreational vehicle park shall be from a public street or highway. Number and location of access drives shall be controlled for safety and protection of personal property. No travel trailer or recreational vehicle space shall be designed for direct access to a street outside the premises of the travel trailer or recreational vehicle park. Interior access drives shall be paved and maintained in a smooth hard and dense surface which shall be well drained.

(4)

Internal access drives. Internal access drives shall meet the following requirements:

(5)

Parking, loading and maneuverability. Each travel trailer or recreational vehicle space shall provide sufficient parking and maneuverability space so the parking, loading or maneuvering of trailers or recreational vehicles incidental to parking shall not necessitate the use of any public street, sidewalk, or right-of-way or any private grounds not part of the travel trailer or recreational vehicle park.

(6)

Lot area. There shall be no minimum lot area for a travel trailer or recreational vehicle space in a travel trailer or recreational vehicle park except that trailers or recreational vehicles shall be so harbored on each space that there shall be at least a 20-foot unobstructed clearance between travel trailers or recreational vehicles; provided, however, that no part of a travel trailer or recreational vehicle shall be located closer than five feet to any access drive. There shall be no more than 18 travel trailer or recreational vehicle spaces per acre of gross site area.

(7)

Screening. The travel trailer or recreational vehicle park shall be screened from public streets, highways, and adjacent property by a standard screening fence or landscape of at least six feet in height, unless this requirement is modified or waived by city council action after a hearing and recommendation of the planning and zoning commission.

(8)

Recreation area or common space. In all travel trailer or recreational vehicle parks there shall be at least one recreation area or common space which shall be accessible from all spaces. The site of such recreation area or common space shall total not less than ten percent of the gross acreage of the park.

(9)

Lighting. Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties.

(10)

Sign regulations. For sign regulations see section 78-400 et seq.

(11)

Conformance with other codes. The travel trailer or recreational vehicle park shall conform to all other regulations contained in the city building code, gas code, plumbing code and the National Electrical Code.

Park facilities. Recreational vehicle parks shall provide the following facilities specifically for the use of park patrons:

a.

For parks proposing ten RV pads or less, a minimum of one ADA-compliant, unisex restroom facility, available 24 hours per day and located on the same property as the RV park is required. Portable toilet facilities will not be permitted in any case.

b.

For parks with 11 to 50 RV pads, there will be separate men's and women's restroom facilities available for use of park patrons as follows: a minimum of one standard toilet stall and one ADA accessible stall, with hand washing sinks available, as appropriate. For additional increments of 50 RV parking pads, or portions thereof, restroom facilities are to be provided as noted above.

c.

Showers and coin-operated laundry facilities are permitted.

d.

Water filling stations and sanitary waste dump stations must be connected to the city's utility system and must have a minimum of 50-foot separation.

e.

Refuse containers for solid waste shall be provided and serviced by the city's contracted waste management service in quantities recommended by said service.

(12)

Storage, collection and disposal of refuse. Storage, collection and disposal of refuse in the travel trailer or recreational vehicle park area shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be stored in flytight, watertight, and rodentproof containers, which shall be located not more than 150 feet from any trailer space.

(13)

Fire prevention. The travel trailer or recreational vehicle park area shall be subject to the rules and regulations of the city fire prevention authority. A travel trailer or recreational vehicle park exceeding 500 feet in depth shall be required to install a six-inch fire main, looped, located within the travel trailer or recreational vehicle park and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the travel trailer or recreational vehicle park. Every travel trailer or recreational vehicle must have a fire hydrant within 500 feet. This facility is to be installed at the developer's expense and maintained by the city. Metered service connections are to be provided from the fire main, as approved by the water superintendent.

(14)

Certificate of occupancy holder. The person to whom a certificate of occupancy is issued shall at all times operate the travel trailer or recreational vehicle park in compliance with this division and shall provide adequate supervision to maintain the travel trailer or recreational vehicle park area and its facilities, keep equipment in good repair and in a clean and sanitary condition at all times, and shall ensure up-to-date, 24-hour emergency contact information is maintained on file with the City of Ingleside and that such information is posted in a public location at the travel trailer or recreational vehicle park.

(15)

Areas consisting of at least three acres in size and zoned T1-A travel trailer/recreational park and in use as such, as evidenced by a certificate of occupancy or other suitable documentation, on or before the date this revision to the section is adopted are exempt solely from the five acre in size requirement set forth in section 78-298(1) of this chapter.

(Ord. No. 2023-27, § 1, 12-12-23)

An area or premises developed as a T1-B HUD-Code manufactured home park district shall be used and developed according to the following regulations:

(1)

Permit requirements. A permit to construct, alter or extend any HUD-Code manufactured home park area may be issued only when such area is located within the appropriate zoning district as provided for in this article, and such area consists of at least five acres in size with a minimum width and/or depth of 300 feet located on a public street or highway.

(2)

Ground surfaces. Exposed ground surfaces in all parts of a HUD-Code manufactured home park shall be paved or covered with screening or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.

(3)

Access. Access to the HUD-Code manufactured home park shall be from a public street or highway. Number or location of access drives shall be controlled for traffic safety and protection of surrounding properties. No manufactured home space shall be designed for direct access to a public street outside the boundaries of the manufactured home park, and the interior access drives shall be paved and maintained in a smooth hard and dense surface which shall be well drained.

(4)

Internal access drives. Internal access drives shall be in accordance with section 78-298(4) a, b, c, d, e.

(5)

Lot area. There shall be no minimum lot area for a HUD-Code manufactured home site in a HUD-Code manufactured home park, however, there shall be no more than ten HUD-Code manufactured home spaces per acre of gross site area. The minimum side-to-side unobstructed clearance between HUD-Code manufactured homes shall be 20 feet except where an open carport or porch is located contiguous to a HUD-Code manufactured home, a minimum ten-foot unobstructed clearance is allowed between the HUD-Code manufactured home and the outer edge of the open carport or porch. End-to-end clearance between HUD-Code manufactured homes shall be no less than ten feet, and no part of a HUD-Code manufactured home shall be located closer than 20 feet to any building within the park, nor closer than five feet to an access drive. HUD-Code manufactured homes must be ten feet off of the street and five feet off of an easement.

(6)

Screening. The HUD-Code manufactured home park shall be screened from public streets, highways, and adjacent property by a standard screening fence, unless this requirement is modified or waived by city council action after a hearing and recommendation of the planning and zoning commission.

(7)

Off-street parking. Off-street parking spaces in HUD-Code manufactured home parks shall be provided in the ratio of one and one half spaces per HUD-Code manufactured home in locations convenient to individual HUD-Code manufactured homes or groups of HUD-Code manufactured homes.

(8)

Conformance with other codes. The HUD-Code manufactured home park shall conform to all other regulations contained in the city building code, gas code, plumbing code and the National Electrical Code.

(9)

Fire prevention. A HUD-Code manufactured home park exceeding 500 feet in depth shall be required to install a six-inch fire main, looped, located within the HUD-Code manufactured home park and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the HUD-Code manufactured home park. Every HUD-Code manufactured home space must have a fire hydrant within 500 feet. This facility is to be installed at the developer's expense and maintained by the city. Metered service connections are to be provided for the fire main as approved by the water superintendent.

(10)

Lighting. Outside lighting shall be erected in such a manner that it is not detrimental to or project onto adjacent properties.

(11)

Signs regulations. For sign regulations see section 78-400 et seq.

(Ord. No. 2023-27, § 1, 12-12-23)

An area or premises developed as a T1-C HUD-Code manufactured home subdivision district shall be used and developed according to the following regulations:

(1)

Permit requirements. A permit to construct, alter or extend any HUD-Code manufactured home subdivision may be issued only when such area is located within the appropriate zoning district as provided for in this article, and such area consists of at least eight acres in size with a minimum width and/or depth of 300 feet, located on a public street or highway.

(2)

Conformance to subdivision and code requirements. A HUD-Code manufactured home subdivision shall meet all city requirements as set forth in the subdivision chapter of this Code and shall also conform to all other regulations contained in the city building code, gas code, plumbing code and the National Electrical Code.

(3)

Signs regulations. For sign regulations see section 78-400 et seq.

(Ord. No. 2023-27, § 1, 12-12-23)

The planned unit development district (PUD) is a zoning district designation, which in the sole and absolute discretion of the city council, can be granted to any property which meets the requirements of this section. A PUD may be designed as residential, commercial or industrial. Its boundaries in each case shall be determined by the city council. It is the intent of this section to provide for greater flexibility in the design of residential, commercial and industrial buildings, houses, yards, courtyards, streets, and pedestrian and automobile circulation within a development than would otherwise be possible through the application of existing rules and regulations of this chapter and the platting ordinance. It is further the intent of this section to provide for maximum choice in the types of environment and living units available to the public, an integration of open space and recreation areas with residential development, a pattern of development which preserves trees, outstanding natural topography, and geologic features, a creative approach to the use of land and related physical development, an efficient use of land resulting in small networks of utilities and streets and thereby lower operating and maintenance costs, without material, adverse impact on public costs, and an environment of stable character in harmony with surrounding development. The planned unit development concept is a recognition that at times greater quality of development can be achieved by permitting modification of established zoning and subdivision regulations and when property is planned, and developed as a unit, modification to standard regulations is possible without endangering the health, safety, and general welfare of the public.

(Ord. No. 2023-27, § 1, 12-12-23)

(a)

Project land size. A PUD may be authorized on sites of ten acres or more but no less than that.

(b)

Permitted uses. A PUD may be approved for any combination of the following: residential, commercial, or industrial purposes.

(c)

Density. A minimum 6,000 square feet per dwelling unit density average inclusive of all contiguous property in residential development, but exclusive of public streets and alleys.

(d)

Height and peripheral yard requirements.

(1)

Height. No structure shall have more than four and one-half stories. No structure shall have a height of more than 50 feet.

(2)

Residential yards abutting street. All residential structures the front or back of which is adjacent to a public street shall be a minimum of 25 feet from the nearest right-of-way line of said street, except where a greater setback is required. All residential structures the side of which is adjacent to a public street shall be a minimum of ten feet from the nearest right-of-way line of said street, except where a greater setback is required.

(3)

Yards abutting existing developments. All residential structures adjacent to the property line of an existing residential development, alley or easement, shall have the same yard requirements as for the adjacent yard in the existing development.

(4)

Commercial property abutting street. All commercial structures the front or back of which is adjacent to a public street shall be a minimum of 20 feet from the nearest right-of-way line of said street, except where a greater setback is required. There shall be no setback requirements for side yards or rear yards in commercial areas, except at intersections where setbacks are required.

(e)

Interior site requirements.

(1)

Minimum lot requirements. An individual lot for each structure is not required, but individual lots may be provided at the developer's option. There is no minimum area, width or length requirement for lots. Lot boundaries may coincide with structure boundaries. If individual lots are provided there shall be no requirement that the lot front a public street, so long as public street access requirements are met.

(2)

Vehicular access and internal circulation.

a.

Curb cuts shall be limited to the minimum necessary to provide adequate ingress and egress to the development.

b.

Internal vehicular circulation may be on private streets owned and maintained by the corporation, association, or other legal entity.

c.

Dedication of R.O.W. and/or construction of paving for a public street or streets through or into the development may be required as the planning commission and city council deem necessary.

d.

The width and location of the streets shall be sufficient to provide adequate capacity for the anticipated traffic volumes and to provide suitable access for emergency vehicles.

e.

Vehicle access to and from public roads must be provided.

(3)

Parking requirements. There shall be a minimum of two paved off-street parking spaces for every dwelling unit. Parking shall be convenient to all dwelling units and where appropriate, common driveways, parking areas, walks and steps shall be provided and maintained. Screening of parking and service areas may be required through use of trees, shrubs, hedges and screening walls. Garages or carports may be considered as parking spaces in order to meet this requirement.

(4)

Sidewalks. Adequate sidewalks may be required for complete pedestrian circulations throughout the entire development.

(5)

Building spacing. Minimum distance between buildings shall be ten feet except for common wall construction.

(6)

Drainage. Drainage both away from the site and on site must be provided.

(7)

Required standards. All utilities, streets, and drainage facilities to be dedicated, if any, to the city shall meet standards equal in function and qualify to those required by Ingleside City Code.

(f)

Notwithstanding the requirements of subsection (d)(1) above, the maximum height of buildings in the Live Oak PUD approved on the same date as was this chapter, the legal description of which PUD follows hereafter, is eight stories or 90 feet, and the 25-foot setback requirement of subsection (d)(2) above is not applicable to said PUD: being 1,255.83 acres of land out of the Louis Von Zacharias Survey A-272: the R. S. Williamson Survey. A-283: the T. T. Williamson Survey. A-295: and the John Robinson Survey A-226 located in Ingleside, San Patricio County, Texas.

(Ord. No. 2023-27, § 1, 12-12-23)

(a)

The development may include individual ownership of units, structures, or property, but such is not required.

(b)

Common areas which relate to and serve the individual occupants, may be required, but are not mandatory.

(c)

"Common area" shall mean a parcel or parcels of land, or an area of water, or a combination of land and water, and/or developed facilities including but not limited to areas for vehicular and pedestrian access and recreational facilities within the site and designed and intended for the use or enjoyment of occupants of the development. Common areas may contain such complementary structures and improvements as are reasonable and appropriate for the benefit and enjoyment of the occupants of the planned unit development.

(d)

All common area shall be controlled by a corporation, association or other legal entity. The instruments vesting control must include terms providing for: (1) the continued use of such land for the intended purposes; (2) continuity of property maintenance for those portions of the common area requiring maintenance; (3) the availability of funds required for such maintenance; (4) adequate insurance protection; (5) recovery for loss sustained by casualty or by condemnation; and (6) the operation and maintenance of such areas, buildings, structures, improvements, facilities, and services as will be for use in commonality by some or all of the occupants within the development, either at general expense to the developer, his successors or assigns and/or by assessments against owners.

(Ord. No. 2023-27, § 1, 12-12-23)

An application for PUD district designation shall be filed with administrative officer. The application shall include the following:

(1)

Proposed use of the property and all improvements thereon;

(2)

New construction proposed;

(3)

Off-street parking;

(4)

Screening walls and fences;

(5)

Landscaping;

(6)

Open space;

(7)

Public street ingress and egress;

(8)

Sidewalk alleys, driveways, streets and my required utility easements and drainage; and

(9)

Such other information, documentation, plats and plans as are required by the city to demonstrate compliance with this section, including any conditions imposed by the council.

(Ord. No. 2023-27, § 1, 12-12-23)

The planning and zoning commission, by majority vote, may recommend to the city council that a PUD be granted, if, after public hearing and after consideration of the plans and the recommendation of the city staff and other evidence presented at the hearing, the planning and zoning commission finds the following:

(1)

Property use will not adversely affect the surrounding property or the health, safety and general welfare of the public.

(2)

Sufficient off-street parking will be provided to accommodate the use of the property.

(3)

Screening walls or fences will be provided as reasonable or necessary to visually shield the less restrictive from more restrictive neighboring uses.

(4)

Landscaping will be provided, as reasonable or necessary, to cause the property to be more attractive to better blend in with, and to be less visually objectionable to surrounding, more restrictively zoned properties.

(5)

Sufficient open space will be provided to create a buffer or transition area between the less and the more restrictive zones.

(6)

Sufficient and safe public street ingress and egress will be provided.

(7)

Sufficient drainage will be provided for surface water and stormwater runoff and drainage.

(8)

Such other safeguards as are reasonable or necessary in order to protect surrounding property, persons and neighborhood values will be provided, which safeguards shall be particularly described.

A grant of a PUD district zoning designation constitutes an implication that the above findings have been made without any express statement to that effect by the planning and zoning commission, except where an express statement is required.

(Ord. No. 2023-27, § 1, 12-12-23)

The planning and zoning commission recommendation to the city council shall be accompanied by a site plan and such other documents as shall be reasonable or necessary to ensure that all requirements determined by the planning and zoning commission to be reasonable or necessary are met and to ensure that the findings of the planning and zoning commission are complied with.

(Ord. No. 2023-27, § 1, 12-12-23)

(a)

A PUD may be granted only if the city council makes the same findings as are required of the planning and zoning commission to be made above. A grant of a PUD zoning district designation constitutes an implication that the required findings have been made without any express statement to that effect, except where an express statement is required.

(b)

In granting a PUD the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued for such use of the buildings and improvements. Such conditions shall be conditions precedent to the granting of a certificate of occupancy.

(Ord. No. 2023-27, § 1, 12-12-23)