- GENERAL PROVISIONS
This ordinance shall be known and may be cited as "The City of Iowa Colony Zoning Ordinance."
This ordinance is adopted for the purpose of promoting and protecting the health, safety and general welfare of the residents, citizens and inhabitants of the city, and to promote the purposes and goals of zoning authorized by V.T.C.A., Local Government Code ch. 211.
(a)
Zoning annexed areas. Within 60 days following the annexation of territory into the city, the city council shall initiate proceedings to establish permanent zoning classifications for all such newly annexed territory, except as otherwise specified in paragraph (d) below. Pending completion of such proceedings, such territory shall be classified as district SFR single-family residential. Such temporary zoning classification shall remain in effect only until such time as the city council establishes the permanent zoning classification, following procedures required by V.T.C.A., Local Government Code ch. 211, and the zoning ordinance.
(b)
Permits in temporarily zoned areas. In newly annexed areas temporarily classified as District SFR Single-Family Residential, no permit for the construction of a building, or certificate for the use of land, other than for a building or use allowed in said district, shall be issued by the zoning administrator.
(c)
Unplatted property. The city's planning commission and the city council shall not approve plats for the subdivision of land until all newly annexed area within the proposed subdivision shall have received a permanent zoning classification by the city council.
(d)
Development agreement. Newly annexed areas subject to a development agreement will automatically be classified as a planned unit development (PUD).
(Ord. No. 2024-08, § 2, 3, 9-9-2024)
(a)
Purpose. The land use policy statements set forth in this section have been developed as part of the city's ongoing comprehensive planning process and were designed to provide guidance in developing the zoning regulations contained in this ordinance. Said policies are hereby adopted as a part of this ordinance to provide guidelines for considering future amendments to these zoning regulations.
(b)
Land use goals, citywide.
(1)
Provide for orderly growth, development and redevelopment by adopting a comprehensive zoning ordinance for the city.
(2)
Accommodate a mixture of new commercial and residential development that will strengthen the city's diverse land uses, but restrictive enough to eliminate, over time, incompatible uses that destabilize adjoining and area property values.
(3)
Promote a healthy balance between residential and nonresidential land uses designed to maintain and enhance property values and revenue streams by providing a zoning plan that accommodates unforeseen future markets for quality residential and/or commercial development.
(4)
Provide for the elimination of buildings and/or uses which are visually or functionally incompatible with adjacent or area buildings and/or uses, by implementation of zoning which, while fair in relation to existing uses at the time of its adoption, will result in greater integrity of the city's long-term development.
(5)
Support private and public initiatives which encourage investment in beautification programs, and stimulate such programs by providing for adequate open space through zoning.
(6)
Develop and maintain a zoning ordinance that is organized, fair, straight forward and easy to interpret by citizens, property owners, developers, city officials, and other interested parties.
(c)
Objectives. Objectives sought to be implemented through adoption of zoning regulations include the health, safety, and general welfare of the people of Iowa Colony, including, but not limited to, the following objectives:
(1)
Single-family residential areas. Zoning regulations applicable to single-family residential areas are intended to protect the integrity, safety, and aesthetic characteristics of existing and future neighborhoods throughout the city, and shall be implemented by:
a.
Providing a residential zoning district that limits uses to single-family residential purposes, having maximum densities compatible with densities currently found in the city's existing single-family residential subdivisions; and
b.
Imposing performance standards.
(2)
Mixed use areas. The mixed-use area enjoys good access to and visibility from major thoroughfares. Thus, zoning regulations applicable to the mixed-use area are intended to:
a.
Encourage economic development, redevelopment and revitalization;
b.
Provide a review procedure for developments which, while ensuring compliance with the general purpose and intent of this ordinance, will allow some deviation from the general standards otherwise applicable to District MU, will promote and permit innovation and flexibility in land use and site design, and support relatively small scale and economically viable mixed-use development; and
c.
Provide performance standards that are specifically designed to stabilize and enhance commercial and residential property values within such a mixed-use district by limiting or prohibiting the continuation of incompatible land uses that negatively impact adjoining properties and detract from the visual image of the city.
(3)
Manufactured housing areas. This area provides a place in the city for HUD Code manufactured homes, mobile homes, and manufactured homes.
(d)
Comprehensive plan. The comprehensive plan of the city is incorporated herein in full, and said plan shall be deemed amended, if and to the extent necessary, so that this ordinance is consistent with that plan.
(a)
Interpretation, conflict. This ordinance shall be construed liberally to effect the purposes hereof. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the protection and promotion of public health, safety, convenience, comfort, prosperity, and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, when this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of a building, or requires larger open spaces that are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall prevail.
(b)
Definitions. For the purposes of this ordinance, certain words and terms are hereby defined. Words used in the present tense shall include the future tense; the singular number shall include the plural number, and the plural number shall include the singular number. The word "building" shall include the meaning of the word "structure." The word "lot" shall include the meaning of the words "plot," "parcel," or "tract"; and the term "used for" shall include the meaning of the terms "designed for" or "intended for." The word "shall" is mandatory. Words, phrases, and terms not defined herein but defined in the building code of the city shall be construed as defined in said code. Words, phrases, and terms not defined herein nor defined in the building code of the city shall be given their usual and customary meanings except where the context clearly indicates a different meaning. The following definitions shall apply in the interpretation and enforcement of this ordinance:
Accessory structure means a detached structure which is:
(a)
Incidental, auxiliary, and subordinate to the principal building;
(b)
Subordinate in area, extent, or purpose to the principal building;
(c)
Reasonably useful (regardless of whether actually so used) for the comfort, convenience and necessity of occupants of the principal building; and
(d)
Located on the same lot as the principal building.
Accessory use means a subordinate use customarily incident to and located on the same lot occupied by the principal building or use.
Agricultural uses shall be broadly defined to include farming, gardening, truck farming, orchards, ranching, animal husbandry, and other agricultural uses, whether similar or dissimilar. The term "agricultural uses" shall also include barns, storage and maintenance of equipment, supplies, and agricultural products, and other ancillary or accessory uses and activities. However, the term "agricultural uses" shall not include any use or activity that violates any law.
All-weather surface means a covering for driveways and parking spaces that is dust free, not adversely affected by inclement weather, and paved over a minimum of six inches of limestone base with two inches of asphalt topping, or its equivalent.
Alley means a public right-of-way which affords a secondary means of access to abutting property.
Assisted living means the business of providing long-term residential care for persons needing less intense assistance than those residing at a rest home, which, if provided, enables them to maintain a degree of independent living.
Automobile (car) wash means a business which provides for the washing of automobiles, sometimes using production line methods with a chain conveyor, blower, steam cleaning device, or mechanical devices, sometimes involving manual means only, and sometimes involving self-washing utilizing pressurized water devices.
Automobile service stations means a business which provides for the sale of automobile fuel at retail direct to the customer, including the supplying of incidental products, accessories, and replacement parts, and also including incidental repair services essential to the normal operation of automobiles, but not including body or fender work, painting, or major motor repairs.
Automobile/vehicle paint and body shop means a business which provides for the painting of automobiles and other motor vehicles, the repair or reconstruction of the bodies thereof, and the related incidental temporary storage thereof.
Automobile/vehicle repair and service garage means a business which provides major repair and maintenance of automobiles and other motor vehicles, including the repair and/or installation of motors, tail pipes, mufflers, brakes, radiators, electrical systems, and other component automotive or vehicle parts, whether mechanical or electrical, but not including the painting, repair, or reconstruction of the body or body parts thereof.
Automobile/vehicle sales and rentals means a business which provides for the sale or rental of new or used automobiles or other vehicles, including automobiles, trucks, recreational vehicles, travel trailers, motorcycles, watercraft, and other similar land or water-borne motor vehicles, but shall not include automobile or motor vehicle repair work, except for minor reconditioning of automobiles or motor vehicles to be displayed, sold or rented on the premises; provided, however, such term shall not include the sale or rental of salvaged parts, nor shall it include the storage of either new or used automobiles or motor vehicles that are not on display or for sale or rent.
Automobile/vehicle wrecking or salvage yard means a business which purchases, sells, exchanges, stores, packs, disassembles, or handles body or engine parts, batteries, scrap iron and other metals, rubber tires, and other used or discarded automobile or motor vehicle accessories. Such term shall include the operation of wrecking lots upon which automobile or motor vehicle parts are bought and sold, exchanged, stored, packed, disassembled, or handled.
Block means a group of lots bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, or corporate boundary lines, or other natural or geographic boundaries. If the term "block" is used as a term of measurement, it means the distance along the side of a street or other boundary line between two intersecting streets or, if the street is of a dead end type, between the nearest intersecting street and the end of such dead-end street.
Boarding house means a building other than a hotel, motel, or apartment house, where for compensation meals and lodging are provided for three or more persons.
Buffer yards means a land area required under the provisions of this ordinance to separate different classifications of land uses for each other. A buffer yard is in addition to the required front, side or rear yards, but may where applicable and otherwise required, be included in and as a part of required common areas for residential, commercial, or industrial subdivisions or developments.
Building means any structure designed or built for the support, shelter, protection, housing, or enclosure of persons, animals, chattels, or property of any kind.
Building area means the maximum portion of a lot over which buildings and structures may be constructed.
Building code means and refer to any rule, regulation, ordinance, or law of the city governing the design, construction, and maintenance of any building or structure, or part thereof.
Building height means the vertical distance from grade to the highest finished roof surface in the case of float roofs or to a point at the average height of the highest roof having a pitch.
Building line means a line parallel to the lot line and beyond or outward of which no building or structure shall be erected or constructed except where specifically authorized herein.
Building official means the officer or other designated authority, or his duly authorized representative, charged with the administration and enforcement of the building code of the city.
Building, main, means the building in which the main or principal use of the lot on which it is located is conducted.
Building, residential, means a building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers.
Business means any isolated or continuous activity of commercial enterprise conducted for compensation or profit.
Carport means a roofed structure open on a least two sides when attached to a building and open on three sides when detached from a building, and covered with a roof supported by structural steel, wood columns, or masonry piers.
City means the City of Iowa Colony, Texas.
Clinic, medical, means a business which provides medical care by one or more medical doctors who may or may not be associated in the practice of their professions.
Comprehensive plan means the most recently adopted comprehensive plan of the city, and any related support documents and updated components that may be approved by the council, including but not limited to the land use policies contained in section 4 of this ordinance and all regulations, zones, and other parts of this ordinance or the zoning map.
Concertina wire means any type of barbed wire or razor wire that is installed or placed in coils, loops, or any loose manner, rather than in a straight line between fence posts or other supports.
Convenience store means a business which provides for the sale of food products and other incidental items, and which is designed and located to provide ease of access and reduction of time necessary to purchase such goods and products, and may include the sale of automobile fuel only if through self-service and incidental to the sale of food products.
Council means the governing body of the City of Iowa Colony, Texas.
Court means an open, unoccupied space, bound on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent open space.
Development means newly constructed or erected buildings or structures to a lot, relocated buildings or structures onto another lot, or the use of open land for a new or different use. To "develop" is to create a development.
Dwelling means a building or portion thereof designed and used exclusively for residential occupancy, including single-family dwellings and multiple-family dwellings, but not including hotels, motels or boardinghouses.
Dwelling, detached, means a single-family dwelling located on a lot which contains no other dwelling units and which contains a front, rear, and two side yards.
Dwelling, multifamily, means a building or portion thereof which contains three or more separate dwelling units which may share means of egress and other essential facilities.
Dwelling, single-family, means a building containing only one dwelling unit and/or occupied by only one family, but not including a manufactured home.
Dwelling, two-family (duplex), means a building containing two dwelling units and/or occupied by two families.
Dwelling unit means a single unit designed and constructed to provide complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Family means one or more individuals, of which not more than two are unrelated by blood, marriage, or adoption living as a single housekeeping unit, exclusive of servants or caretakers.
Fence means a structure designed or constructed to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration; provided, however, dikes and retaining walls erected or constructed for the purpose of diverting water and retaining soil shall not be deemed a fence, nor shall backdrops erected for tennis courts or similar sports/recreational uses.
Floor area, gross, means the area within the inside perimeter of exterior walls of a building, with no deduction for corridors, stairs, closets, thickness of walls, columns, or other features, but exclusive of areas open and unobstructed to the sky.
Floor area, gross leasable or useable, means the area within the inside perimeter of the exterior walls of a building, with deductions for common areas not leased by individual tenants, such as common corridors, stairs, maintenance areas, and other such common areas.
Garage apartment means a room, suite of rooms, or dwelling unit within or upon a private garage that is accessory to a detached dwelling and which is designed, built, rented, leased, or let for occupancy as a dwelling.
Garage, commercial, means a building, or portion thereof, within which temporary parking of automobiles or other motor vehicles by the general public is allowed for a fee.
Garage, private, means an accessory building to a residential or nonresidential building designed or used for the storage of automobiles or other motor vehicles owned or used by the occupants of the building to which it is accessory.
Grocery store means a business which provides for the same of meats, fruits, vegetables, baker products, dairy products, and other food stuff, for off-premises human consumption.
Home office means an accessory use, including telecommuting, within a primary residential structure in which work for compensation is undertaken, including, but not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes, or e-mail; preparing or maintaining business records; words and data processing; and telephone, mail order, and off-premises sales. No tangible product is produced or sold. No customers or clients visit the residence for the purpose of conducting business. This does not preclude management from visiting the residence on a limited basis for evaluation or oversight.
Home-based business means any business conducted through the sale of goods online which are then shipped from the residence. Goods may be crafted on site for sale. Such online sales are permissible provided it does not require the delivery or shipment of merchandise, goods, or equipment to or from the residence by means other than passenger motor vehicles, three-quarter ton step-up vans, or similar sized trucks. Sales tax for online sales is required. A home-based business also includes a professional service business, occupation, or activity undertaken for gain where the resident provides a skilled service for or to a customer or client at the residence. Sales tax for professional service may apply. Online sales or a professional service may occur within a primary residential structure if they are incidental and secondary to the use of that structure as a dwelling unit or within a permitted residential accessory structure.
Hospital means an institutional facility which provides full health care, including the diagnosis, treatment, and prolonged care of the physically or mentally ill.
Hotel means a business establishment which offers lodging to the transient public for compensation. A hotel is distinguished from a motel in that access to the majority of the guest rooms in a hotel is through a common entrance and lobby. A hotel is a nonresidential use.
HUD Code manufactured home or HUD Code manufactured housing 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).
Industrialized housing or industrialized home means a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to:
(i)
Housing constructed of sectional or panelized systems not utilizing modular components; or
(ii)
Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
Kindergarten/nursery school means a pre-school or day care center which provides care for pre-public school age children and for which a child care license is required by state law. This term shall not include public institutions providing child care within a public building.
Landscaping means decorative vegetative material such as grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable material commonly used in conjunction with plant materials such a rock, pebbles, sand, walls or fences, which are used to improve the aesthetic appearance of open spaces.
Loading space means an area within a main building, or an all-weather surface on the same lot therewith, for the standing or loading of trucks or other transport vehicles.
Lot means a lot, tract, or parcel of land designated, or required to be designated, on a subdivision plat duly filed with the county clerk in which such lot is located, or any lot, tract, or parcel of land, for which no recorded plat is required.
Lot area means the area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lines of a building lot.
Lot area per dwelling unit means the lot area required for each dwelling unit located on a building lot.
Lot depth means the horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundary. In the event a lot has more than four sides, the "front" or the "rear" lot line shall be established by taking into account street frontage, alignment of front and rear yards of adjacent properties, and logical configuration to maintain continuity of yards in the block in which such lot is located.
Lot line means the boundary line of a lot; provided, however, no lot line, whether front, side, or rear, shall extend beyond an adjacent street line.
Lot line, front, means the boundary line of a lot which is adjacent to the street upon which a lot fronts.
Lot line, side, means the boundary line of a lot which is not a front lot line or a rear lot line.
Lot line, rear, means the boundary line of a lot which is opposite the front lot line. In the event a lot has more than four sides, the lot line farthest removed from the front lot line shall be deemed the rear lot line.
Lot of record means a tract of land designated as a "lot," "tract," or "reserve" on a subdivision plat duly recorded, pursuant to applicable law, in the county clerk's office of the county in which the lot is located.
Lot, corner, means a lot situated at the intersection of two streets.
Lot, interior, means a lot other than a corner lot.
Lot width means the horizontal distance between the side lot lines.
Maneuvering space means an all-weather surface located entirely on private property as would be required to maneuver vehicle in such a manner as to preclude the necessity of backing a vehicle into any street right-of-way.
Manufactured home park shall have the meaning defined in the manufactured housing ordinance, Ordinance No. 98-5.
Manufactured home subdivision means a subdivision of land containing lots which meet the requirements for single-family residential use, and upon each such lot not more than one manufactured home may be placed or occupied.
Manufactured housing or manufactured home means a HUD Code manufactured home or a mobile home and collectively means and refers to both.
Marquee, awning, or canopy means a roof-like structure of a permanent nature which projects from the wall of a building or overhangs a private or public accessway.
Mobile housing or 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.
Mobile unit or mobile business unit means any of the following: a HUD Code manufactured home, manufactured home, or mobile home, regardless whether such item is used as a home, and any travel trailer, motor vehicle, trailer, or other equipment that either is mobile or was designed or adapted to be mobile, regardless whether it is actually mobile at the time in question.
Modular housing or modular home means industrialized housing or industrialized home.
Motel or motor hotel means an establishment providing to the transient public the use of guest rooms or sleeping accommodations for compensation, consisting of a group of attached or detached guest rooms or sleeping accommodations, the majority of which have private and direct access from parking areas and not through a common entrance and lobby. For the purposes hereof, a motel is a nonresidential use.
Motor freight terminal or truck terminal means a building or area in which freight brought by motor truck is assembled and/or temporarily stored pending shipping in interstate or intrastate commerce by motor truck.
Nonconforming structure means a building or structure which was lawful prior to the adoption of this ordinance or amendment hereto, but which, following the adoption of this ordinance or amendment hereto, is prohibited.
Nonconforming use means a use of a building or land which was lawful prior to the adoption of this ordinance or amendment hereto, but which, following the adoption of this ordinance or amendment hereto, is prohibited.
Noxious matter means a substance or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic comfort or well-being of humans.
Open space means areas which are open and unobstructed from grade to the sky, and which are accessible to all occupants of a lot.
Open storage means the storage of equipment, machinery, products, commodities, or semi-finished materials, and building materials, at locations not within buildings; but not including building materials, to be used for construction on the same lot, stored during construction for which applicable permits have been obtained.
Owner means, as to particular property, any person, agent, firm, association, or corporation having a legal or equitable interest therein or possession thereof, alone or with others.
Parking space means an all-weather surface built within the boundaries of the lot to which it pertains in accordance with applicable standards, of a sufficient size to store one automobile, and designed and constructed for vehicular storage and not as a street or vehicular way.
Patio home means a single-family dwelling unit constructed so as to have one side only directly abutting the side lot line.
Recreational vehicle or travel trailer means a vehicular, portable structure, built on a chassis and designed for use as a temporary dwelling for travel, recreational and vacation purposes, permanently identified as a travel trailer or recreational vehicle by its manufacturer and, when factory-equipped for the road, having a body width not exceeding eight feet.
Rest home means the business of providing long-term residential care for persons recovering from illness or suffering from infirmities of old age or chronic illness.
Screening wall means a barrier of wood, stone, brick, masonry block, or other similar permanent materials of equal character, density, and design, at least six feet in height.
Servants' quarters means an accessory building or portion of a main building located on the same lot as the main building, occupied only by such persons and their families are employed full-time in the main building by the occupants of the main building.
Shopping center means a development that provides facilities for a group of business establishments, and that is managed as a unit.
Sign shall have the meaning as defined in any ordinance of the city.
Story means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
Story, half, [or] attic story means any story situated wholly or partly in the roof, so designed, arranged or built to be used for storage or habitation.
Street means any public or private roadway right-of-way which affords a primary means of access to abutting property. A driveway or alley which provides only secondary vehicular access to a lot or to an accessory parking or loading facility, or to allow vehicles to take on or discharge passengers at the entrance of a building, shall not be considered a street.
Street line means the boundary line of the roadway right-of-way or roadway easement which divides a lot from a street.
Structure means anything constructed or erected below, at, or above grade, which requires location on the ground or is attached to something having a location on the ground, and which, out of necessity or precaution, includes or reasonably should include support, bracing, tying, anchoring, or other protection against the pressure of the elements.
This ordinance, the comprehensive zoning ordinance, the zoning ordinance, or words to that effect, means Ordinance No. 2000-08 of the city, as amended from time to time.
Townhouse means a single-family dwelling constructed in a series or group of contiguous units, separated by exterior walls having a fire resistance rating of not less than two hours, and being one of a group of not less than four nor more than eight contiguous single-family dwelling units.
Toxic materials means materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
Travel trailer means a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle.
Truck camper means a portable unit designed to provide temporary living quarters for recreational, camping, or travel use, consisting of a roof, floor, and sides, and designed to be loaded onto and unloaded from the bed of a pickup.
Use means the purpose or activity for which land, or the buildings or structures thereon, are occupied, maintained, or committed.
Use category means a general grouping of uses, such as single-family residential, multifamily residential, retail, office, light industrial, or heavy industrial, within which particular uses may be categorized in order to have uniform area regulations or performance standards applicable to groups of uses within the zoning district to which they are assigned.
Use, main, means the principal use of land or buildings as distinguished from a subordinate or accessory use.
Utility trailer means a vehicular unit, mounted on wheels, and designed for towing by another vehicle to haul material or animals of any sort.
Vehicle means an instrument of conveyance, such as an automobile, bus, truck, or motor-driven cycle, for carrying or transporting persons or goods on land. The term shall also include, for the purposes of regulating parking as herein provided, camper trailers, travel trailers, truck campers, watercraft, and utility trailers.
Veterinary or animal clinic means a facility in which animals receive medical care from a licensed veterinarian.
Watercraft means a boat, houseboat, canoe, raft, or other similar apparatus designed for use on water, and including trailers therefor, and motors or engines designed to propel such craft or apparatus.
Yard means an open space on a lot, at a grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise specifically permitted by this ordinance. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the pertinent lot line and the edge of the main building, inclusive of all roof overhangs, eaves, or any other protrusions beyond the walls thereof, shall be used. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such lot is located.
Yard, front, means an area extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and front of the main building or any projection thereof other than steps or unenclosed porches.
Yard, rear, means an area extending along the whole length of the rear lot line between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof other than steps or unenclosed porches.
Yard, side, means an area extending along the side lot line from the front yard to the rear yard, and being the minimum horizontal distance between the applicable side lot line and any building or projection thereof other than steps or unenclosed porches.
Zoning administrator means the official of the city appointed by the city council as such, and whose duties include enforcement of this ordinance.
(Ord. No. 2014-16, § 2, 8-15-2014; Ord. No. 2019-27, §§ 3, 4, 7-22-2019; Ord. No. 2021-13, § 2, 4-19-2021)
- GENERAL PROVISIONS
This ordinance shall be known and may be cited as "The City of Iowa Colony Zoning Ordinance."
This ordinance is adopted for the purpose of promoting and protecting the health, safety and general welfare of the residents, citizens and inhabitants of the city, and to promote the purposes and goals of zoning authorized by V.T.C.A., Local Government Code ch. 211.
(a)
Zoning annexed areas. Within 60 days following the annexation of territory into the city, the city council shall initiate proceedings to establish permanent zoning classifications for all such newly annexed territory, except as otherwise specified in paragraph (d) below. Pending completion of such proceedings, such territory shall be classified as district SFR single-family residential. Such temporary zoning classification shall remain in effect only until such time as the city council establishes the permanent zoning classification, following procedures required by V.T.C.A., Local Government Code ch. 211, and the zoning ordinance.
(b)
Permits in temporarily zoned areas. In newly annexed areas temporarily classified as District SFR Single-Family Residential, no permit for the construction of a building, or certificate for the use of land, other than for a building or use allowed in said district, shall be issued by the zoning administrator.
(c)
Unplatted property. The city's planning commission and the city council shall not approve plats for the subdivision of land until all newly annexed area within the proposed subdivision shall have received a permanent zoning classification by the city council.
(d)
Development agreement. Newly annexed areas subject to a development agreement will automatically be classified as a planned unit development (PUD).
(Ord. No. 2024-08, § 2, 3, 9-9-2024)
(a)
Purpose. The land use policy statements set forth in this section have been developed as part of the city's ongoing comprehensive planning process and were designed to provide guidance in developing the zoning regulations contained in this ordinance. Said policies are hereby adopted as a part of this ordinance to provide guidelines for considering future amendments to these zoning regulations.
(b)
Land use goals, citywide.
(1)
Provide for orderly growth, development and redevelopment by adopting a comprehensive zoning ordinance for the city.
(2)
Accommodate a mixture of new commercial and residential development that will strengthen the city's diverse land uses, but restrictive enough to eliminate, over time, incompatible uses that destabilize adjoining and area property values.
(3)
Promote a healthy balance between residential and nonresidential land uses designed to maintain and enhance property values and revenue streams by providing a zoning plan that accommodates unforeseen future markets for quality residential and/or commercial development.
(4)
Provide for the elimination of buildings and/or uses which are visually or functionally incompatible with adjacent or area buildings and/or uses, by implementation of zoning which, while fair in relation to existing uses at the time of its adoption, will result in greater integrity of the city's long-term development.
(5)
Support private and public initiatives which encourage investment in beautification programs, and stimulate such programs by providing for adequate open space through zoning.
(6)
Develop and maintain a zoning ordinance that is organized, fair, straight forward and easy to interpret by citizens, property owners, developers, city officials, and other interested parties.
(c)
Objectives. Objectives sought to be implemented through adoption of zoning regulations include the health, safety, and general welfare of the people of Iowa Colony, including, but not limited to, the following objectives:
(1)
Single-family residential areas. Zoning regulations applicable to single-family residential areas are intended to protect the integrity, safety, and aesthetic characteristics of existing and future neighborhoods throughout the city, and shall be implemented by:
a.
Providing a residential zoning district that limits uses to single-family residential purposes, having maximum densities compatible with densities currently found in the city's existing single-family residential subdivisions; and
b.
Imposing performance standards.
(2)
Mixed use areas. The mixed-use area enjoys good access to and visibility from major thoroughfares. Thus, zoning regulations applicable to the mixed-use area are intended to:
a.
Encourage economic development, redevelopment and revitalization;
b.
Provide a review procedure for developments which, while ensuring compliance with the general purpose and intent of this ordinance, will allow some deviation from the general standards otherwise applicable to District MU, will promote and permit innovation and flexibility in land use and site design, and support relatively small scale and economically viable mixed-use development; and
c.
Provide performance standards that are specifically designed to stabilize and enhance commercial and residential property values within such a mixed-use district by limiting or prohibiting the continuation of incompatible land uses that negatively impact adjoining properties and detract from the visual image of the city.
(3)
Manufactured housing areas. This area provides a place in the city for HUD Code manufactured homes, mobile homes, and manufactured homes.
(d)
Comprehensive plan. The comprehensive plan of the city is incorporated herein in full, and said plan shall be deemed amended, if and to the extent necessary, so that this ordinance is consistent with that plan.
(a)
Interpretation, conflict. This ordinance shall be construed liberally to effect the purposes hereof. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the protection and promotion of public health, safety, convenience, comfort, prosperity, and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, when this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of a building, or requires larger open spaces that are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall prevail.
(b)
Definitions. For the purposes of this ordinance, certain words and terms are hereby defined. Words used in the present tense shall include the future tense; the singular number shall include the plural number, and the plural number shall include the singular number. The word "building" shall include the meaning of the word "structure." The word "lot" shall include the meaning of the words "plot," "parcel," or "tract"; and the term "used for" shall include the meaning of the terms "designed for" or "intended for." The word "shall" is mandatory. Words, phrases, and terms not defined herein but defined in the building code of the city shall be construed as defined in said code. Words, phrases, and terms not defined herein nor defined in the building code of the city shall be given their usual and customary meanings except where the context clearly indicates a different meaning. The following definitions shall apply in the interpretation and enforcement of this ordinance:
Accessory structure means a detached structure which is:
(a)
Incidental, auxiliary, and subordinate to the principal building;
(b)
Subordinate in area, extent, or purpose to the principal building;
(c)
Reasonably useful (regardless of whether actually so used) for the comfort, convenience and necessity of occupants of the principal building; and
(d)
Located on the same lot as the principal building.
Accessory use means a subordinate use customarily incident to and located on the same lot occupied by the principal building or use.
Agricultural uses shall be broadly defined to include farming, gardening, truck farming, orchards, ranching, animal husbandry, and other agricultural uses, whether similar or dissimilar. The term "agricultural uses" shall also include barns, storage and maintenance of equipment, supplies, and agricultural products, and other ancillary or accessory uses and activities. However, the term "agricultural uses" shall not include any use or activity that violates any law.
All-weather surface means a covering for driveways and parking spaces that is dust free, not adversely affected by inclement weather, and paved over a minimum of six inches of limestone base with two inches of asphalt topping, or its equivalent.
Alley means a public right-of-way which affords a secondary means of access to abutting property.
Assisted living means the business of providing long-term residential care for persons needing less intense assistance than those residing at a rest home, which, if provided, enables them to maintain a degree of independent living.
Automobile (car) wash means a business which provides for the washing of automobiles, sometimes using production line methods with a chain conveyor, blower, steam cleaning device, or mechanical devices, sometimes involving manual means only, and sometimes involving self-washing utilizing pressurized water devices.
Automobile service stations means a business which provides for the sale of automobile fuel at retail direct to the customer, including the supplying of incidental products, accessories, and replacement parts, and also including incidental repair services essential to the normal operation of automobiles, but not including body or fender work, painting, or major motor repairs.
Automobile/vehicle paint and body shop means a business which provides for the painting of automobiles and other motor vehicles, the repair or reconstruction of the bodies thereof, and the related incidental temporary storage thereof.
Automobile/vehicle repair and service garage means a business which provides major repair and maintenance of automobiles and other motor vehicles, including the repair and/or installation of motors, tail pipes, mufflers, brakes, radiators, electrical systems, and other component automotive or vehicle parts, whether mechanical or electrical, but not including the painting, repair, or reconstruction of the body or body parts thereof.
Automobile/vehicle sales and rentals means a business which provides for the sale or rental of new or used automobiles or other vehicles, including automobiles, trucks, recreational vehicles, travel trailers, motorcycles, watercraft, and other similar land or water-borne motor vehicles, but shall not include automobile or motor vehicle repair work, except for minor reconditioning of automobiles or motor vehicles to be displayed, sold or rented on the premises; provided, however, such term shall not include the sale or rental of salvaged parts, nor shall it include the storage of either new or used automobiles or motor vehicles that are not on display or for sale or rent.
Automobile/vehicle wrecking or salvage yard means a business which purchases, sells, exchanges, stores, packs, disassembles, or handles body or engine parts, batteries, scrap iron and other metals, rubber tires, and other used or discarded automobile or motor vehicle accessories. Such term shall include the operation of wrecking lots upon which automobile or motor vehicle parts are bought and sold, exchanged, stored, packed, disassembled, or handled.
Block means a group of lots bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, or corporate boundary lines, or other natural or geographic boundaries. If the term "block" is used as a term of measurement, it means the distance along the side of a street or other boundary line between two intersecting streets or, if the street is of a dead end type, between the nearest intersecting street and the end of such dead-end street.
Boarding house means a building other than a hotel, motel, or apartment house, where for compensation meals and lodging are provided for three or more persons.
Buffer yards means a land area required under the provisions of this ordinance to separate different classifications of land uses for each other. A buffer yard is in addition to the required front, side or rear yards, but may where applicable and otherwise required, be included in and as a part of required common areas for residential, commercial, or industrial subdivisions or developments.
Building means any structure designed or built for the support, shelter, protection, housing, or enclosure of persons, animals, chattels, or property of any kind.
Building area means the maximum portion of a lot over which buildings and structures may be constructed.
Building code means and refer to any rule, regulation, ordinance, or law of the city governing the design, construction, and maintenance of any building or structure, or part thereof.
Building height means the vertical distance from grade to the highest finished roof surface in the case of float roofs or to a point at the average height of the highest roof having a pitch.
Building line means a line parallel to the lot line and beyond or outward of which no building or structure shall be erected or constructed except where specifically authorized herein.
Building official means the officer or other designated authority, or his duly authorized representative, charged with the administration and enforcement of the building code of the city.
Building, main, means the building in which the main or principal use of the lot on which it is located is conducted.
Building, residential, means a building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers.
Business means any isolated or continuous activity of commercial enterprise conducted for compensation or profit.
Carport means a roofed structure open on a least two sides when attached to a building and open on three sides when detached from a building, and covered with a roof supported by structural steel, wood columns, or masonry piers.
City means the City of Iowa Colony, Texas.
Clinic, medical, means a business which provides medical care by one or more medical doctors who may or may not be associated in the practice of their professions.
Comprehensive plan means the most recently adopted comprehensive plan of the city, and any related support documents and updated components that may be approved by the council, including but not limited to the land use policies contained in section 4 of this ordinance and all regulations, zones, and other parts of this ordinance or the zoning map.
Concertina wire means any type of barbed wire or razor wire that is installed or placed in coils, loops, or any loose manner, rather than in a straight line between fence posts or other supports.
Convenience store means a business which provides for the sale of food products and other incidental items, and which is designed and located to provide ease of access and reduction of time necessary to purchase such goods and products, and may include the sale of automobile fuel only if through self-service and incidental to the sale of food products.
Council means the governing body of the City of Iowa Colony, Texas.
Court means an open, unoccupied space, bound on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent open space.
Development means newly constructed or erected buildings or structures to a lot, relocated buildings or structures onto another lot, or the use of open land for a new or different use. To "develop" is to create a development.
Dwelling means a building or portion thereof designed and used exclusively for residential occupancy, including single-family dwellings and multiple-family dwellings, but not including hotels, motels or boardinghouses.
Dwelling, detached, means a single-family dwelling located on a lot which contains no other dwelling units and which contains a front, rear, and two side yards.
Dwelling, multifamily, means a building or portion thereof which contains three or more separate dwelling units which may share means of egress and other essential facilities.
Dwelling, single-family, means a building containing only one dwelling unit and/or occupied by only one family, but not including a manufactured home.
Dwelling, two-family (duplex), means a building containing two dwelling units and/or occupied by two families.
Dwelling unit means a single unit designed and constructed to provide complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Family means one or more individuals, of which not more than two are unrelated by blood, marriage, or adoption living as a single housekeeping unit, exclusive of servants or caretakers.
Fence means a structure designed or constructed to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration; provided, however, dikes and retaining walls erected or constructed for the purpose of diverting water and retaining soil shall not be deemed a fence, nor shall backdrops erected for tennis courts or similar sports/recreational uses.
Floor area, gross, means the area within the inside perimeter of exterior walls of a building, with no deduction for corridors, stairs, closets, thickness of walls, columns, or other features, but exclusive of areas open and unobstructed to the sky.
Floor area, gross leasable or useable, means the area within the inside perimeter of the exterior walls of a building, with deductions for common areas not leased by individual tenants, such as common corridors, stairs, maintenance areas, and other such common areas.
Garage apartment means a room, suite of rooms, or dwelling unit within or upon a private garage that is accessory to a detached dwelling and which is designed, built, rented, leased, or let for occupancy as a dwelling.
Garage, commercial, means a building, or portion thereof, within which temporary parking of automobiles or other motor vehicles by the general public is allowed for a fee.
Garage, private, means an accessory building to a residential or nonresidential building designed or used for the storage of automobiles or other motor vehicles owned or used by the occupants of the building to which it is accessory.
Grocery store means a business which provides for the same of meats, fruits, vegetables, baker products, dairy products, and other food stuff, for off-premises human consumption.
Home office means an accessory use, including telecommuting, within a primary residential structure in which work for compensation is undertaken, including, but not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes, or e-mail; preparing or maintaining business records; words and data processing; and telephone, mail order, and off-premises sales. No tangible product is produced or sold. No customers or clients visit the residence for the purpose of conducting business. This does not preclude management from visiting the residence on a limited basis for evaluation or oversight.
Home-based business means any business conducted through the sale of goods online which are then shipped from the residence. Goods may be crafted on site for sale. Such online sales are permissible provided it does not require the delivery or shipment of merchandise, goods, or equipment to or from the residence by means other than passenger motor vehicles, three-quarter ton step-up vans, or similar sized trucks. Sales tax for online sales is required. A home-based business also includes a professional service business, occupation, or activity undertaken for gain where the resident provides a skilled service for or to a customer or client at the residence. Sales tax for professional service may apply. Online sales or a professional service may occur within a primary residential structure if they are incidental and secondary to the use of that structure as a dwelling unit or within a permitted residential accessory structure.
Hospital means an institutional facility which provides full health care, including the diagnosis, treatment, and prolonged care of the physically or mentally ill.
Hotel means a business establishment which offers lodging to the transient public for compensation. A hotel is distinguished from a motel in that access to the majority of the guest rooms in a hotel is through a common entrance and lobby. A hotel is a nonresidential use.
HUD Code manufactured home or HUD Code manufactured housing 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).
Industrialized housing or industrialized home means a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to:
(i)
Housing constructed of sectional or panelized systems not utilizing modular components; or
(ii)
Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
Kindergarten/nursery school means a pre-school or day care center which provides care for pre-public school age children and for which a child care license is required by state law. This term shall not include public institutions providing child care within a public building.
Landscaping means decorative vegetative material such as grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable material commonly used in conjunction with plant materials such a rock, pebbles, sand, walls or fences, which are used to improve the aesthetic appearance of open spaces.
Loading space means an area within a main building, or an all-weather surface on the same lot therewith, for the standing or loading of trucks or other transport vehicles.
Lot means a lot, tract, or parcel of land designated, or required to be designated, on a subdivision plat duly filed with the county clerk in which such lot is located, or any lot, tract, or parcel of land, for which no recorded plat is required.
Lot area means the area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lines of a building lot.
Lot area per dwelling unit means the lot area required for each dwelling unit located on a building lot.
Lot depth means the horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundary. In the event a lot has more than four sides, the "front" or the "rear" lot line shall be established by taking into account street frontage, alignment of front and rear yards of adjacent properties, and logical configuration to maintain continuity of yards in the block in which such lot is located.
Lot line means the boundary line of a lot; provided, however, no lot line, whether front, side, or rear, shall extend beyond an adjacent street line.
Lot line, front, means the boundary line of a lot which is adjacent to the street upon which a lot fronts.
Lot line, side, means the boundary line of a lot which is not a front lot line or a rear lot line.
Lot line, rear, means the boundary line of a lot which is opposite the front lot line. In the event a lot has more than four sides, the lot line farthest removed from the front lot line shall be deemed the rear lot line.
Lot of record means a tract of land designated as a "lot," "tract," or "reserve" on a subdivision plat duly recorded, pursuant to applicable law, in the county clerk's office of the county in which the lot is located.
Lot, corner, means a lot situated at the intersection of two streets.
Lot, interior, means a lot other than a corner lot.
Lot width means the horizontal distance between the side lot lines.
Maneuvering space means an all-weather surface located entirely on private property as would be required to maneuver vehicle in such a manner as to preclude the necessity of backing a vehicle into any street right-of-way.
Manufactured home park shall have the meaning defined in the manufactured housing ordinance, Ordinance No. 98-5.
Manufactured home subdivision means a subdivision of land containing lots which meet the requirements for single-family residential use, and upon each such lot not more than one manufactured home may be placed or occupied.
Manufactured housing or manufactured home means a HUD Code manufactured home or a mobile home and collectively means and refers to both.
Marquee, awning, or canopy means a roof-like structure of a permanent nature which projects from the wall of a building or overhangs a private or public accessway.
Mobile housing or 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.
Mobile unit or mobile business unit means any of the following: a HUD Code manufactured home, manufactured home, or mobile home, regardless whether such item is used as a home, and any travel trailer, motor vehicle, trailer, or other equipment that either is mobile or was designed or adapted to be mobile, regardless whether it is actually mobile at the time in question.
Modular housing or modular home means industrialized housing or industrialized home.
Motel or motor hotel means an establishment providing to the transient public the use of guest rooms or sleeping accommodations for compensation, consisting of a group of attached or detached guest rooms or sleeping accommodations, the majority of which have private and direct access from parking areas and not through a common entrance and lobby. For the purposes hereof, a motel is a nonresidential use.
Motor freight terminal or truck terminal means a building or area in which freight brought by motor truck is assembled and/or temporarily stored pending shipping in interstate or intrastate commerce by motor truck.
Nonconforming structure means a building or structure which was lawful prior to the adoption of this ordinance or amendment hereto, but which, following the adoption of this ordinance or amendment hereto, is prohibited.
Nonconforming use means a use of a building or land which was lawful prior to the adoption of this ordinance or amendment hereto, but which, following the adoption of this ordinance or amendment hereto, is prohibited.
Noxious matter means a substance or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic comfort or well-being of humans.
Open space means areas which are open and unobstructed from grade to the sky, and which are accessible to all occupants of a lot.
Open storage means the storage of equipment, machinery, products, commodities, or semi-finished materials, and building materials, at locations not within buildings; but not including building materials, to be used for construction on the same lot, stored during construction for which applicable permits have been obtained.
Owner means, as to particular property, any person, agent, firm, association, or corporation having a legal or equitable interest therein or possession thereof, alone or with others.
Parking space means an all-weather surface built within the boundaries of the lot to which it pertains in accordance with applicable standards, of a sufficient size to store one automobile, and designed and constructed for vehicular storage and not as a street or vehicular way.
Patio home means a single-family dwelling unit constructed so as to have one side only directly abutting the side lot line.
Recreational vehicle or travel trailer means a vehicular, portable structure, built on a chassis and designed for use as a temporary dwelling for travel, recreational and vacation purposes, permanently identified as a travel trailer or recreational vehicle by its manufacturer and, when factory-equipped for the road, having a body width not exceeding eight feet.
Rest home means the business of providing long-term residential care for persons recovering from illness or suffering from infirmities of old age or chronic illness.
Screening wall means a barrier of wood, stone, brick, masonry block, or other similar permanent materials of equal character, density, and design, at least six feet in height.
Servants' quarters means an accessory building or portion of a main building located on the same lot as the main building, occupied only by such persons and their families are employed full-time in the main building by the occupants of the main building.
Shopping center means a development that provides facilities for a group of business establishments, and that is managed as a unit.
Sign shall have the meaning as defined in any ordinance of the city.
Story means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
Story, half, [or] attic story means any story situated wholly or partly in the roof, so designed, arranged or built to be used for storage or habitation.
Street means any public or private roadway right-of-way which affords a primary means of access to abutting property. A driveway or alley which provides only secondary vehicular access to a lot or to an accessory parking or loading facility, or to allow vehicles to take on or discharge passengers at the entrance of a building, shall not be considered a street.
Street line means the boundary line of the roadway right-of-way or roadway easement which divides a lot from a street.
Structure means anything constructed or erected below, at, or above grade, which requires location on the ground or is attached to something having a location on the ground, and which, out of necessity or precaution, includes or reasonably should include support, bracing, tying, anchoring, or other protection against the pressure of the elements.
This ordinance, the comprehensive zoning ordinance, the zoning ordinance, or words to that effect, means Ordinance No. 2000-08 of the city, as amended from time to time.
Townhouse means a single-family dwelling constructed in a series or group of contiguous units, separated by exterior walls having a fire resistance rating of not less than two hours, and being one of a group of not less than four nor more than eight contiguous single-family dwelling units.
Toxic materials means materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
Travel trailer means a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle.
Truck camper means a portable unit designed to provide temporary living quarters for recreational, camping, or travel use, consisting of a roof, floor, and sides, and designed to be loaded onto and unloaded from the bed of a pickup.
Use means the purpose or activity for which land, or the buildings or structures thereon, are occupied, maintained, or committed.
Use category means a general grouping of uses, such as single-family residential, multifamily residential, retail, office, light industrial, or heavy industrial, within which particular uses may be categorized in order to have uniform area regulations or performance standards applicable to groups of uses within the zoning district to which they are assigned.
Use, main, means the principal use of land or buildings as distinguished from a subordinate or accessory use.
Utility trailer means a vehicular unit, mounted on wheels, and designed for towing by another vehicle to haul material or animals of any sort.
Vehicle means an instrument of conveyance, such as an automobile, bus, truck, or motor-driven cycle, for carrying or transporting persons or goods on land. The term shall also include, for the purposes of regulating parking as herein provided, camper trailers, travel trailers, truck campers, watercraft, and utility trailers.
Veterinary or animal clinic means a facility in which animals receive medical care from a licensed veterinarian.
Watercraft means a boat, houseboat, canoe, raft, or other similar apparatus designed for use on water, and including trailers therefor, and motors or engines designed to propel such craft or apparatus.
Yard means an open space on a lot, at a grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise specifically permitted by this ordinance. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the pertinent lot line and the edge of the main building, inclusive of all roof overhangs, eaves, or any other protrusions beyond the walls thereof, shall be used. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such lot is located.
Yard, front, means an area extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and front of the main building or any projection thereof other than steps or unenclosed porches.
Yard, rear, means an area extending along the whole length of the rear lot line between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof other than steps or unenclosed porches.
Yard, side, means an area extending along the side lot line from the front yard to the rear yard, and being the minimum horizontal distance between the applicable side lot line and any building or projection thereof other than steps or unenclosed porches.
Zoning administrator means the official of the city appointed by the city council as such, and whose duties include enforcement of this ordinance.
(Ord. No. 2014-16, § 2, 8-15-2014; Ord. No. 2019-27, §§ 3, 4, 7-22-2019; Ord. No. 2021-13, § 2, 4-19-2021)