USE BASED ZONING DISTRICTS4
Editor's note— Ord. No. 2011-25, § 3, adopted May 23, 2011, amended the title of Div. 2 to read as herein set out. Prior to inclusion of said ordinance, Div. 2 was titled, "Zoning Districts." See also the Code Comparative Table.
(Ord. No. 2022-39, § 3, 10-17-2022; Ord. No. 2023-12, § 2, 5-17-2023)
(a)
Use regulations. No building or land shall be used, and no building shall be hereafter erected, moved or altered in district A except for as provided in section 14-100.
(b)
Setbacks.
(c)
Height.
(1)
Single-family residences shall not exceed two and one half stories in height, except for blocks 26, 38, 41, 42 and 47, which shall not exceed one and one half stories.
a.
The maximum height of a two and one half story home shall be 35 feet.
b.
The maximum height of a one and one half story home shall be 25 feet.
(2)
Nonresidential structures shall not exceed 35 feet in height.
(3)
Calculating maximum height in district A. The maximum height for a single-family dwelling, structure, or accessory structure shall be calculated from the minimum flood elevation protection standards enumerated in article IX "storm drainage and flood damage prevention".
(4)
Any finished floor that is elevated more than twelve inches above natural grade shall be provided with a dropped brick ledge or dropped veneer so as to leave no more than eight inches of slab exposed. All crawl spaces resulting from pier-and-beam and stem-wall types of construction must provide dropped veneers with vents sufficient to cover the sub-slab void.
(d)
Building area and add-on construction.
(1)
Single-family dwellings shall have a building area of at least 1,750 square feet for single-floor residences, or 1,200 square feet on the ground floor for multistory residences.
(2)
Nonresidential buildings shall contain not less than 1,000 square feet of ground floor area, except for churches or other places of worship which shall contain not less than 4,000 square feet of ground floor area.
(3)
Where add-on construction to a single-family detached dwelling in district A involves structural alternation that will increase the square footage of an enclosed living area on the ground floor, such add-on construction shall be permitted only to the side or rear of the existing dwelling, as space on the lot may allow while maintaining conformance with the applicable standards for minimum side and rear building setbacks. Where such add-on construction will result in a finished building height that at any point exceeds the height of the front façade of the existing dwelling at any point, the add-on construction shall be permitted only to the rear of the existing dwelling.
(e)
Parking.
(1)
The number of parking spaces for a single-family residential dwelling shall be a minimum of two parking spaces per dwelling unit.
(2)
The parking of private recreational vehicles (manufactured or home-made) including, but not limited to, motor homes, mini-motor homes, travel trailers, 5 th -wheel trailers, camping trailers, boat trailers, other trailers used for recreational purposes only, truck campers, all-terrain vehicles and all types of watercraft including boats and jet skis (motorized or propelled by any other means) shall not be parked or stored in front or side yards in zoning district A except for temporary periods of time not exceeding three consecutive days within a single calendar month. A recreational vehicle shall not be parked or stored in a rear yard in zoning district A unless such a vehicle is screened from public view by a six-foot solid wood, opaque, wrought iron, masonry or other equivalent screening fence material approved by the building official. When parked or stored, such vehicles shall have no part projecting past the front of the home. Nothing in this chapter is intended to preclude the construction of a properly permitted building that will enclose and screen recreational vehicles.
(3)
Commercial trailers or semi-trucks are not permitted to be stored within residential districts at any time.
(4)
Trucks and vans, larger than one ton in capacity, and self-propelled, self-powered, or pull-type equipment that weighs at least 3,000 pounds and that are intended to be used for commercial, agricultural, construction, or industrial uses, trailers and towed vehicles shall not be parked or stored in a front, side, or rear yard in district A except during the act of loading or unloading and except in connection with the provision of services to the property at which is parked.
(5)
Truck tractors shall not be stored or parked in district A except during the act of loading or unloading.
(6)
No vehicle shall be parked or stored on an unpaved surface in a front or side yard in zoning district A.
(f)
Additional structures. Freestanding structures in addition to a single-family dwelling.
(1)
Freestanding structures shall not exceed one story in height, the height of the home, or 15 feet, whichever is less.
(2)
The maximum square footage of any one freestanding structure shall be 1,000 square feet.
(3)
The maximum square footage of freestanding structures shall be 50 percent of the square footage of the main structure. The square footage of a detached garage shall be excluded from this calculation.
(4)
The maximum lot coverage in the rear yard shall be 60 percent (includes all non-pervious coverage such as concrete and pool coping).
(5)
The maximum number of accessory freestanding structures in the rear yard shall be four.
(6)
Building permits are not required for accessory freestanding structures provided that such structures shall have a building area of less than 25 square feet and provided that no utilities are installed.
(g)
Attached and detached garages.
(1)
Detached garages are permitted to have a maximum height of two stories or the height of the home, whichever is less.
(2)
Detached private garages shall not exceed four car capacity or 1,000 square feet of ground floor area.
(3)
Detached private garages and other freestanding structures exceeding one story in height shall not have second story openings facing the nearest side or rear lot line, except as may be required to comply with standards for emergency access and egress.
(4)
An attached or detached private garage which loads from a side street shall not be located closer than 20 feet to the side street line.
(5)
Garages with a breezeway width measuring less than eight feet shall be considered detached from the primary structure.
(6)
Garages that are to be elevated from their existing elevation for floodplain mitigation purposes shall be required to:
a.
Wholly remove the garage door in existence prior to home and/or garage elevation, with the garage area to be fully enclosed by a new wall to be installed at the location of the existing garage door; or,
b.
Modify the placement of the garage door at the time of home and/or garage elevation to "drop down" the garage door to the existing elevation.
This is intended to mitigate the architectural design concerns that are typically associated with home elevation projects.
(h)
Lot size.
(1)
No lot in this district for a single-family detached dwelling shall have a total area that exceeds by more than 20 percent the total area of any other lot for a single-family detached dwelling on the same block face.
(2)
Residential lots shall have a minimum of 50 percent of the required front yard and required side yards adjacent to a side street devoted to landscaping.
(i)
Masonry standards. The exterior walls on all residences in district A shall be a least 75 percent masonry construction to the top elevation line of the building sides of the first floor. Slab on grade home elevations must install masonry skirts to cover the sub-slab void or crawlspace, below exterior walls. The style and quality of all carports, detached private garages, and freestanding structures constructed after a certificate of occupancy shall conform to the original structure, provided, however, that only utility structures may have metal facades.
(1)
Masonry construction may include brick, stucco, or stone material. Stucco must be integrally colored or otherwise finished with a coating.
(2)
Use of CMU for exterior wall veneers is prohibited in this district, except that split-face concrete blocks, integrally colored or otherwise finished with a coating, may be utilized for the construction of veneer skirts for slab on grade home elevations. EIFS is prohibited.
(j)
Fences and hedges.
(1)
No fence in district A shall be permitted in the front yard, extending past the building setback line. For side street fencing, where one or more lots have frontage on the street, wrought iron style fencing may be installed to within two feet of the public sidewalk and shall not encroach beyond the side lot line.
(2)
Fences and hedges in district A may not be erected or planted directly on a property line without the express agreement of the property owners on both sides of the property line.
(3)
Fences in district A shall not:
a.
a. Exceed eight feet in height, except for chain-link fencing;
b.
Be topped with barbed or razor wire;
c.
Be electrified; or,
d.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(4)
Fences in district A shall be constructed of the following materials, such as:
a.
Chain-link:
1.
All chain-link fencing to be a minimum of four feet in height, a maximum of six feet in height, and shall be a minimum of 11 gauge galvanized material.
2.
All chain-link fencing higher than four feet shall be a minimum of nine gauge galvanized material.
b.
Redwood.
c.
Cedar.
d.
Wrought iron.
e.
Brick or other approved material of equal quality.
(5)
Refuse containers or similar equipment on nonresidential lots in district A shall be screened from public view, and from adjacent buildings or property, whether public or private. Such screening shall be permanent and opaque and of wood, metal or masonry material and shall be at least as high as the screened object, but in no event shall be less than six feet in height.
(k)
Minimum landscaped areas.
(1)
Specific standards.
a.
Residential lots shall have landscaped areas which in the aggregate include not less than 50 percent of the area contained within the building setbacks.
b.
A minimum of two trees (either existing or planted) measuring one inch or greater in diameter four feet above the ground at time of planting or measurement (if existing) are required within the front or side street setback areas.
c.
Landscaping shall be in harmony with the surrounding area adequate to minimize visual monotony and barrenness.
(2)
See chapter 14, article XII — Landscaping, buffer yard, park and open space standards for additional landscaping requirements.
(Ord. No. 95-04, § 1(303.1), 2-20-95; Ord. No. 98-15, §§ 1, 2, 6-15-98; Ord. No. 99-31, §§ 6, 7, 11-15-99; Ord. No. 01-02, § 1, 1-15-01; Ord. No. 03-04, § 1, 1-20-03; Ord. No. 03-28, § 1, 7-21-03; Ord. No. 2013-46, § 3(Exh. A), 12-16-13; Ord. No. 2017-54, § 2, 12-18-17; Ord. No. 2017-58, § 2, 12-18-17; Ord. No. 2019-26, § 2, 6-17-19; Ord. No. 2019-28, § 2, 5-17-19; Ord. No. 2022-39, § 4, 10-17-2022; Ord. No. 2023-12, §§ 3, 4, 5-17-2023; Ord. No. 2024-33, § 2, 10-14-24)
(a)
Use regulations. No building or land shall be used and no building shall be hereafter erected, moved or altered in district B except for as provided in section 14-100.
(b)
Setbacks.
(c)
Building/area. For townhouses and patio homes: The building area shall be not less than 1,400 square feet.
(d)
Height.
(1)
For single-family detached residences, the maximum height of a two and one-half story home shall be 35 feet.
(2)
For townhouses and patio homes: The height of buildings shall not exceed two stories and 30 feet.
(3)
For other uses: Buildings shall not exceed 25 feet in height.
(4)
Nonresidential structures shall not exceed 35 feet in height.
(5)
Calculating the maximum height in district B. The maximum height for a single-family dwelling, townhouse, patio home, structure, or accessory structure shall be calculated from the minimum flood elevation protection standards enumerated in article IX "storm drainage and flood damage prevention".
(6)
Any finished floor that is elevated more than 12 inches above natural grade shall be provided with a dropped brick ledge or dropped veneer so as to leave no more than eight inches of slab exposed. All crawl spaces resulting from pier-and-beam and stem-wall types of construction must provide dropped veneers with vents sufficient to cover the sub-slab void.
(e)
Parking. The number of parking spaces for single-family dwellings, townhouses, and patio homes shall be a minimum of two parking spaces per dwelling unit.
(f)
Additional structures. Accessory structures in addition to a single-family dwelling.
(1)
Accessory structures shall not exceed one story in height, the height of the home, or 15 feet, whichever is less.
(2)
The maximum square footage of accessory structures shall be 50 percent of the square footage of the main structure.
(3)
The maximum lot coverage in the rear yard shall be 60 percent (includes all non-pervious coverage such as concrete and pool coping).
(4)
The maximum number of accessory structures in the rear yard shall be four.
(5)
Building permits are not required for accessory freestanding structures provided that such structures shall have a building area of less than 25 square feet and provided that no utilities are installed.
(g)
Attached and detached garages.
(1)
Detached garages are permitted to have a maximum height of two stories or the height of the home, whichever is less.
(2)
Detached private garages shall not exceed four car capacity or 1,000 square feet of ground floor area.
(3)
Detached private garages and other accessory structures exceeding one story in height shall not have second story openings facing the nearest side or rear lot line, except as may be required to comply with standards for emergency access and egress.
(4)
An attached or detached private garage which loads from a side street shall not be located closer than 20 feet to the side street line.
(h)
Lot size for townhouses. The minimum lot size shall be 2,000 square feet, with a maximum density not to exceed ten dwelling units per acre.
(i)
Construction/masonry standards.
(1)
For uses permitted in district A, the construction regulations provided by subsection 14-101(c) for district A shall apply in district B. For townhouses and patio homes, the construction regulations provided by subsection 14-103(c) shall apply in district B.
(2)
Exterior walls shall have at least 75 percent masonry construction to the top elevation line of the building sides of the first floor.
a.
Masonry construction may include brick, stucco, or stone material.
b.
Use of CMU for exterior wall veneers prohibited in this district. EIFS is prohibited.
(3)
Townhouses.
a.
At least one wall of the living unit must be wholly coincident with the zero-property line.
b.
Walls coincident with zero-property lines must be masonry without openings. If an open court is places on the zero-property line, a minimum of six feet high masonry wall shall enclose the side of the court coincident with the zero-property line.
c.
No roof water may be drained to the zero-property line side.
d.
No water, electrical panels, plumbing elements, fireplace cleanouts, etc. may be placed on the zero-property line wall.
e.
Where a roof overhang over an adjacent lot is proposed a ten foot access easement for maintenance shall be provided on said adjacent lot.
(4)
Garden/patio homes.
a.
The wall that is coincident with or less than five feet to a property line must be masonry without openings.
b.
No roof water may be drained on to the adjacent lot or lots.
c.
No water, electrical panels, plumbing elements, fireplace cleanouts, etc. may be placed on a wall coincident with or less than five feet to a property line.
d.
The minimum building separation between the sides of adjacent dwellings shall be ten feet.
e.
Where a roof overhang over an adjacent lot is proposed a five foot access easement for maintenance shall be provided on said adjacent lot.
f.
See also subsection 14-135(b), lot line developments, for subdivision platting standards.
(j)
Fences and walls.
(1)
Fences and walls in district B shall not:
a.
Exceed eight feet in height, except for chain-link fencing.
b.
Chain-link fencing shall be a maximum of six feet in height.
c.
Be topped with barbed or razor wire.
d.
Be electrified.
e.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(2)
Fences in district B shall be constructed of the following materials, such as:
a.
Chain-link.
1.
All chain-link fencing to be a minimum of four feet in height, a maximum of six feet in height, and shall be a minimum of 11 gauge galvanized material.
2.
All chain-link fencing higher than four feet shall be a minimum of nine gauge galvanized material.
b.
Redwood.
c.
Cedar.
d.
Wrought iron.
e.
Brick or other approved material of equal quality.
(3)
Boundary between district B, the eastern business district, and the White Oak Bayou Wastewater Treatment Plant Site. Fences and walls shall not:
a.
Exceed 12 feet in height.
b.
Be topped with barbed or razor wire.
c.
Be electrified.
d.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(4)
Boundary between district B, the eastern business district, and the White Oak Bayou Wastewater Treatment Plant Site. Fences and walls shall be constructed of the following materials such as:
a.
Redwood.
b.
Cedar.
c.
Wrought iron.
d.
Brick or other approved materials of equal quality with metal posts set in 18 inch diameter concrete at least one-third the fence height in depth. Construction shall be in accordance with the building code with a foundation designed by an engineer registered in the state.
(k)
Minimum landscaped areas.
(1)
Specific standards.
a.
Residential lots shall have landscaped areas which in the aggregate include not less than 50 percent of the area contained within the building setbacks.
b.
A minimum of two trees (either existing or planted) measuring one inch or greater in diameter four feet above the ground at time of planting or measurement (if existing) are required within the front or side street setback areas.
c.
Landscaping shall be in harmony with the surrounding area adequate to minimize visual monotony and barrenness.
(2)
See chapter 14, article XII — Landscaping, buffer yard, park and open space standards for additional landscaping requirements.
(Ord. No. 95-04, § 1(303.2), 2-20-95; Ord. No. 97-04, §§ 8, 9, 4-21-97; Ord. No. 99-31, § 8, 11-15-99; Ord. No. 2022-39, § 4, 10-17-2022; Ord. No. 2023-12, §§ 5, 6, 5-17-2023)
(a)
Use regulations. No building or land shall be used and no building shall be hereafter erected, moved or altered in district C except for as provided in section 14-100.
(b)
Setbacks.
(c)
Building area for townhouses and patio homes shall be not less than 1,400 square feet.
(d)
Height.
(1)
For single-family detached residences, the maximum height of a two and one half story home shall be 35 feet.
(2)
For townhouses and patio homes: The height of buildings shall not exceed two stories and 30 feet.
(3)
For other uses: Buildings shall not exceed 25 feet in height.
(4)
Calculating the maximum height in district C. The maximum height for a single-family dwelling, townhouse, patio home, structure, or accessory structure shall be calculated from the minimum flood elevation protection standards enumerated in article IX "storm drainage and flood damage prevention".
(5)
Any finished floor that is elevated more than 12 inches above natural grade shall be provided with a dropped brick ledge or dropped veneer so as to leave no more than eight inches of slab exposed. All crawl spaces resulting from pier-and-beam and stem-wall types of construction must provide dropped veneers with vents sufficient to cover the sub-slab void.
(e)
Lot size for townhouses. The minimum lot size shall be 2,000 square feet, with a maximum density not to exceed ten dwelling units per acre.
(f)
Parking.
(1)
The number of parking spaces for single-family dwellings, townhouses, and patio homes shall be a minimum of two parking spaces per dwelling unit.
(2)
The parking of private recreational vehicles (manufactured or home-made) including, but not limited to, motor homes, mini-motor homes, travel trailers, 5 th -wheel trailers, camping trailers, boat trailers, other trailers used for recreational purposes only, truck campers, all-terrain vehicles and all types of watercraft including boats and jet skis (motorized or propelled by any other means) shall not be parked or stored in front or side yards in zoning district C except for temporary periods of time not exceeding three consecutive days within a single calendar month. A recreational vehicle shall not be parked or stored in a rear yard in zoning district C unless such a vehicle is screened from public view by a six foot solid wood, opaque, wrought iron, masonry or other equivalent screening fence material approved by the building official. When parked or stored, such vehicles shall have no part projecting past the front of the home. Nothing in this chapter is intended to preclude the construction of a properly permitted building that will enclose and screen recreational vehicles.
(3)
Trucks and vans, larger than one ton in capacity, and self-propelled, self-powered, or pull-type equipment that weighs at least 3,000 pounds and that are intended to be used for commercial, agricultural, construction, or industrial uses, trailers and towed vehicles shall not be parked or stored in a front, side, or rear yard in district C except during the act of loading or unloading and except in connection with the provision of services to the property at which is parked.
(4)
Truck tractors shall not be stored or parked in zoning district C except during the act of loading or unloading.
(5)
No vehicle shall be parked or stored on an unpaved surface in a front or side yard in zoning district C.
(6)
Commercial trailers or semi-trucks are not permitted to be stored within residential districts at any time.
(g)
Lot size. Minimum lot size for townhouses shall be 2,000 square feet, with a maximum density not to exceed ten dwelling units per acre.
(h)
Construction/masonry standards.
(1)
Exterior walls shall have at least 75 percent masonry construction to the top elevation line of the building sides of the first floor.
a.
Masonry construction may include brick, stucco, or stone material.
b.
Use of CMU for exterior wall veneers prohibited in this district. EIFS is prohibited.
(2)
Townhouses.
a.
At least one wall of the living unit must be wholly coincident with the zero-property line.
b.
Walls coincident with zero-property lines must be masonry without openings. If an open court is places on the zero-property line, a minimum of six feet high masonry wall shall enclose the side of the court coincident with the zero-property line.
c.
No roof water may be drained to the zero-property line side.
d.
No water, electrical panels, plumbing elements, fireplace cleanouts, etc. may be placed on the zero-property line wall.
e.
Where a roof overhang over an adjacent lot is proposed a ten foot access easement for maintenance shall be provided on said adjacent lot.
(3)
Garden/patio homes.
a.
The wall that is coincident with or less than five feet to a property line must be masonry without openings.
b.
No roof water may be drained on to the adjacent lot or lots.
c.
No water, electrical panels, plumbing elements, fireplace cleanouts, etc. may be placed on a wall coincident with or less than five feet to a property line.
d.
The minimum building separation between the sides of adjacent dwellings shall be ten feet.
e.
Where a roof overhang over an adjacent lot is proposed a five foot access easement for maintenance shall be provided on said adjacent lot.
f.
See also subsection 14-135(b), lot line developments, for subdivision platting standards.
(i)
Fences and hedges.
(1)
No fence in district C shall be permitted in the front yard, extending past the building setback line. For side street fencing, where one or more lots have frontage on the street, wrought iron style fencing may be installed to within two feet of the public sidewalk and shall not encroach beyond the side lot line.
(2)
Fences and hedges in district C may not be erected or planted directly on a property line without the express agreement of the property owners on both sides of the property line.
(3)
Fences in district C shall not:
a.
Exceed eight feet in height, except for chain-link fencing.
b.
Be topped with barbed or razor wire.
c.
Be electrified.
d.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(4)
Fences in district C shall be constructed of the following materials, such as:
a.
Chain-link.
1.
All chain-link fencing to be a minimum of four feet in height, a maximum of six feet in height, and shall be a minimum of 11 gauge galvanized material
2.
All chain-link fencing higher than four feet shall be a minimum of nine gauge galvanized material.
b.
Redwood.
c.
Cedar.
d.
Wrought iron.
e.
Brick or other approved material of equal quality.
(j)
Minimum landscaped areas.
(1)
Specific standards.
a.
Residential lots shall have landscaped areas which in the aggregate include not less than 50 percent of the area contained within the building setbacks.
b.
A minimum of two trees (either existing or planted) measuring one inch or greater in diameter four feet above the ground at time of planting or measurement (if existing) are required within the front or side street setback areas.
c.
Landscaping shall be in harmony with the surrounding area adequate to minimize visual monotony and barrenness.
(2)
See chapter 14, article XII — Landscaping, buffer yard, park and open space standards for additional landscaping requirements.
(Ord. No. 99-31, § 9, 11-15-99; Ord. No. 00-28, § 1, 8-21-00; Ord. No. 02-09, § 3, 4-15-02; Ord. No. 03-04, § 2, 1-20-03; Ord. No. 2017-56, § 2, 12-18-17; Ord. No. 2017-59, § 2, 12-18-17; Ord. No. 2022-39, § 4, 10-17-2022; Ord. No. 2023-12, §§ 7, 8, 5-17-2023)
Editor's note— Ord. No. 2022-39, § 4, adopted October 17, 2022, repealed § 14-103.1, which pertained to regulations for district C-2 (townhouse district) and derived from Ord. No. 02-18, § 3, adopted July 15, 2002; Ord. No. 04-15, § 1, adopted August 16, 2004; Ord. No. 2017-57, § 2, adopted December 18, 2017; Ord. No. 2017-60, § 2, adopted December 18, 2017.
(a)
Use regulations. No building or land shall be used and no building shall be hereafter erected, moved or altered in district M except for as provided in section 14-100.
(b)
Setbacks.
(c)
Building area.
(1)
Multi-family buildings shall contain not less than 2,000 square feet nor more than 21,000 square feet of ground floor area.
(2)
Accessory buildings shall contain not less than 100 square feet nor more than 15,000 square feet of ground floor area. Accessory structures shall be constructed of permanent material.
(3)
Portable buildings of a temporary nature are prohibited.
(d)
Height.
(1)
No building shall exceed 50 feet or three stories in height.
(2)
Calculating the maximum height in district M. The maximum height for a multi-family dwelling shall be calculated from the minimum flood elevation standards specified in article IX "storm drainage and flood damage prevention".
(3)
Any finished floor that is elevated more than 12 inches above natural grade shall be provided with a dropped brick ledge or dropped veneer so as to leave no more than eight inches of slab exposed. All crawl spaces resulting from pier-and-beam and stem-wall types of construction must provide dropped veneers with vents sufficient to cover the sub-slab void.
(e)
Parking.
(1)
The number of parking spaces for a multi-family residential dwelling shall be as follows:
a.
One bedroom: One and one-half parking spaces per dwelling unit.
b.
Two bedrooms: Two and one-half parking spaces per dwelling unit.
c.
Three or more bedrooms: Three and one-half parking spaces per dwelling unit.
d.
Rooming house/boarding house: One parking space per two beds.
e.
Congregate housing: One parking space per two beds.
(2)
For multifamily complexes with ten or more units, the required number of guest parking spaces will be determined by multiplying the total number of parking spaces otherwise required for such apartment complexes by 0.05.
(3)
All parking shall be ground level.
(f)
Lot size. No lot in this district shall have less than four and one half acres of total area.
(g)
Density. The density of multi-family dwelling units shall not exceed 12 units per acre for the entire district.
(h)
Construction/masonry standards. The exterior walls on all primary building in district M shall be at least 40 percent masonry construction to the top elevation line of the building sides of the first floor. The style and quality of all accessory structures shall conform to the standards of the primary structure(s).
(1)
Masonry construction may include brick, stucco, or stone material.
(2)
Use of CMU for exterior wall veneers is prohibited in this district. EIFS is prohibited.
(i)
Screening/fencing standards.
(1)
Screening. Refuse containers or like equipment outside of an enclosed space shall be screened from public view, either from adjacent buildings or adjacent property, both private and public. Such screens shall be permanent and opaque and of wood, metal or masonry material and shall be at least as high as the screened object, and in no case shall be less than six feet in height.
(2)
Interior fences in district M shall be a maximum of eight feet in height, shall be permanent and must be of the following types:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or masonry; or,
e.
Chain-link (sport court enclosures only) shall be maximum of 12 feet in height and shall be a minimum of nine gauge galvanized material.
(3)
No fence in district M shall:
a.
Be topped with barbed or razor wire.
b.
Be electrified.
c.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(j)
Minimum landscaped areas.
(1)
Open areas. The following landscaping requirements shall apply in district M (multi-family dwelling district)
a.
A minimum of 20 percent of total area within the property lines shall be devoted to landscaping.
b.
All open unpaved space including, but not limited to, front, side, and rear building setback areas shall be planted and landscaped.
c.
Building front. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking areas.
(2)
See chapter 14, article XII — Landscaping, buffer yard, park and open space standards for additional landscaping requirements.
(Ord. No. 95-04, § 1(303.4), 2-20-95; Ord. No. 99-05, § 6, 2-15-99; Ord. No. 2014-33, § 1, 10-20-14; Ord. No. 2017-61, § 2, 12-18-17; Ord. No. 2022-39, § 4, 10-17-2022; Ord. No. 2023-12, §§ 9, 10, 5-17-2023)
(a)
Table 14-105(A).Commercial permitted uses.
(b)
Table 14-105(B).Commercial conditional uses.
(Ord. No. 2023-13, § 5, 5-17-2023)
Editor's note— Ord. No 2023, §§ 5, 6, adopted May 17, 2023, renumbered the former § 14-105 as § 14-106 and enacted a new § 14-105 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved or altered in district F except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations. The heights of buildings, the minimum area of buildings, and the minimum lot size upon any lot or parcel of land in district F shall be as follows:
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall be not less than 1,000 square feet of ground floor area except gasoline filling stations which shall contain not less than 500 square feet of ground floor area.
(3)
Lot size. The minimum lot size as established in section 14-137. Table 14-2 shall apply.
(4)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking areas.
(d)
Construction. The exterior walls on all buildings shall be masonry or concrete construction with masonry, exterior insulation finish system (EIFS), concrete and wood or metal fascia. EIFS must be installed at levels no less than eight feet above grade or platforms. Plain CMU shall not be used for the exterior walls, however, split-face CMU is permissible.
(e)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(f)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principal buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(g)
Commercial waste enclosures. Garbage and refuse containers in district F shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(h)
Fencing standards.
(1)
Fences in district F shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district F, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.5), 2-20-95; Ord. No. 97-04, §§ 10—13, 4-21-97; Ord. No. 98-15, § 3, 6-15-98; Ord. No. 99-05, §§ 7, 8, 2-15-99; Ord. No. 99-31, § 10, 11-15-99; Ord. No. 00-41, § 1, 1-18-00; Ord. No. 01-15, § 1, 5-21-01; Ord. No. 02-09, § 2, 4-15-02; Ord. No. 03-04, § 3, 1-20-03; Ord. No. 2006-11, § 1, 2-20-06; Ord. No. 2013-10, § 2, 3-18-13; Ord. No. 2013-45, § 2, 12-16-13; Ord. No. 2014-34, § 1, 10-20-14; Ord. No. 2017-27, § 2, 7-17-17; Ord. No. 2017-29, § 2, 7-17-17; Ord. No. 2017-62, § 2, 12-18-17; Ord. No. 2019-31, § 2, 7-15-19; Ord. No. 2021-32, § 2, 7-19-21; Ord. No. 2023-13, § 6, 5-17-2023)
Editor's note— Ord. No 2023, § 6, adopted May 17, 2023, renumbered the former § 14-105 as § 14-106 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved or altered in district G except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations. The heights of buildings, the minimum area of buildings, and the minimum lot size upon any lot or parcel of land in district G shall be as follows:
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall be not less than 1,000 square feet of ground floor area except gasoline filling stations which shall contain not less than 500 square feet of ground floor area.
(3)
Lot size. The minimum lot size shall be as established for nonresidential lots in section 14-137. Table 14-2, lot standards in this Code.
(4)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking areas.
(d)
Construction. The exterior walls on all buildings shall be masonry or concrete construction with masonry, exterior insulation finish system (EIFS), concrete and wood or metal fascia. EIFS must be installed at levels no less than eight feet above grade or platforms. Plain CMU shall not be used for the exterior walls, however, split-face CMU is permissible.
(e)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(f)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principal buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(g)
Commercial waste enclosures. Garbage and refuse containers in district G shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(h)
Fencing standards.
(1)
Fences in district G shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district G, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.6), 2-20-95; Ord. No. 99-05, § 9, 2-15-99; Ord. No. 00-41, § 2, 1-18-00; Ord. No. 01-15, § 2, 5-21-01; Ord. No 03-12, § 1, 3-17-03; Ord. No. 2006-10, § 1, 2-20-06; Ord. No. 2011-19, § 1, 4-18-11; Ord. No. 2011-28, § 2, 6-20-11; Ord. No. 2013-10, § 3, 3-18-13; Ord. No. 2017-30, § 2, 7-17-17; Ord. No. 2017-63, § 2, 12-18-17; Ord. No. 2019-31, § 3, 7-15-19; Ord. No. 2023-13, § 7, 5-17-2023)
Editor's note— Ord. No 2023, § 7, adopted May 17, 2023, renumbered the former § 14-106 as § 14-107 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
(a)
Use regulation. No building or land shall be used, and no building shall be erected moved or altered in district H except for as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations.
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. No limitations.
(d)
Construction. No limitations.
(e)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(f)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principle buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(g)
Commercial waste enclosures. Garbage and refuse containers in district H shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(h)
Fencing standards.
(1)
Fences in district H shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality;
e.
Chain-link. Where chain link fencing is constructed within district H, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.7), 2-20-95; Ord. No. 99-31, § 11, 11-15-99; Ord. No. 2019-31, § 4, 7-15-19; Ord. No. 2022-14, §§ 3, 4, 4-18-22; Ord. No. 2023-13, § 8, 5-17-2023)
Editor's note— Ord. No. 99-31, § 12, adopted Nov. 15, 1999, repealed § 14-108, which pertained to regulations for district I (townhouse district), and derived from Ord. No. 95-04, § 1(303.8), adopted Dec. 13, 1994; Ord. No. 97-04, §§ 14—16, adopted Apr. 21, 1997; and Ord. No. 99-05, § 10, adopted Feb. 15, 1999. Subsequently, Ord. No 2023, § 8, adopted May 17, 2023, renumbered the former § 14-107 as § 14-108 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved or altered in district J except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations for district J.
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall not be less than 1,000 square feet of ground floor area except gasoline filling stations which shall contain not less than 500 square feet of ground floor area.
(3)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking area.
(d)
Construction. The exterior walls on all buildings shall be masonry or concrete construction with masonry, exterior insulation finish system (EIFS), concrete and wood or metal fascia. EIFS must be installed at levels no less than eight feet above grade or platforms. Plain CMU shall not be used for the exterior walls, however, split-face CMU is permissible. Service center front elevation shall consist of a minimum of 15 percent glass.
(e)
Outside storage. There shall be no outside storage except as permitted under subsection (h) of this section.
(f)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(g)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principle buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(h)
Commercial waste enclosures. Garbage and refuse containers in district J shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(i)
Fencing standards.
(1)
Fences in district J shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district J, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.9), 2-20-95; Ord. No. 97-04, § 17, 4-21-97; Ord. No. 99-31, § 13, 11-15-99; Ord. No. 01-15, § 3, 5-21-01; Ord. No. 01-30, §§ 6, 9, 10-15-01; Ord. No. 2017-64, § 2, 12-18-17; Ord. No. 2019-31, § 5, 7-15-19; Ord. No. 2023-13, § 9, 5-17-2023)
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved, or altered in district J-1 except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations for district J-1.
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall not be less than 1,000 square feet of ground floor area except gasoline filling stations which shall contain not less than 500 square feet of ground floor area.
(3)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking area.
(d)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(e)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principal buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(f)
Commercial waste enclosures. Garbage and refuse containers in district J-1 shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(g)
Fencing standards.
(1)
Fences in district J-1 shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district J-1, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 2010-55, § 3, 12-13-10; Ord. No. 2019-31, § 6, 7-15-19; Ord. No. 2022-31, § 3, 7-18-22; Ord. No. 2023-13, § 10, 5-17-2023)
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved or altered in district K except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations in district K.
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall not be less than 1,000 square feet of ground floor area, provided that gasoline filling stations shall contain not less than 500 square feet of ground floor area.
(3)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped. See article XII of this chapter.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking area.
c.
Notwithstanding anything to the contrary contained in this section, distribution warehouse subdivisions in excess of 70 acres shall have a minimum of ten percent total open area including stormwater detention and utility easement area.
(d)
Construction. The exterior walls on all buildings shall be masonry or concrete construction with masonry, exterior insulation finish system (EIFS), concrete and wood or metal fascia. EIFS must be installed at levels no less than eight feet above grade or platforms. Plain CMU shall not be used for the exterior walls, however, split-face CMU is permissible. Service center front elevation shall consist of a minimum of 15 percent glass.
(e)
Outside storage. There shall be no outside storage except as permitted under subsection (h) of this section. Distribution warehouse subdivisions in excess of 70 acres may have associated outside storage of inventories, machinery and other similar materials within the project if screened from the view of adjacent properties by:
(1)
Opaque fencing made of wood, metal or masonry material not less than six feet in height nor more than ten feet in height;
(2)
Fencing not less than six feet in height nor more than ten feet in height with dense opaque landscaping of not less than three feet in width and capable of attaining five to ten feet in height within 18 months of planting; or
(3)
Existing buildings, provided that the total area devoted to outside storage shall not exceed ten percent of the building area.
(f)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(g)
Screening.
(1)
Notwithstanding anything to the contrary contained in this section, distribution warehouse subdivisions in excess of 70 acres may have unscreened refuse containers located adjacent to the distribution warehouse buildings, provided they are at a minimum distance of 120 feet from any street right-of-way.
(2)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(3)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principle buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(4)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(5)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(6)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(7)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(8)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(h)
Commercial waste enclosures. Garbage and refuse containers in district K shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(i)
Fencing standards.
(1)
Fences in district K shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district K, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.10), 2-20-95; Ord. No. 97-04, §§ 18, 19, 4-21-97; Ord. No. 97-18, §§ 1—5, 8-26-97; Ord. No. 97-30, § 3, 11-17-97; Ord. No. 99-05, §§ 11, 12, 2-15-99; Ord. No. 01-15, § 4, 5-21-01; Ord. No 03-27, § 2, 7-21-03; Ord. No. 2013-10, § 4, 3-18-13; Ord. No. 2017-65, § 2, 12-18-17; Ord. No. 2019-31, § 7, 7-15-19; Ord. No. 2023-13, § 11, 5-17-2023)
(a)
The intent of this section is to promote the general welfare, to conserve property values and to promote the most appropriate use of land in the city.
(b)
Motor vehicle sales shall be permitted in the motor vehicle sales overlay district.
(c)
Motor vehicle sales shall be prohibited outside the motor vehicle sales overlay district.
(d)
Uses permitted in the respective base districts lying within the boundaries of the motor vehicle sales overlay district shall continue to be permitted. A motor vehicle sales business that is outside the motor vehicle sales overlay district and which is in existence as of the effective date of the ordinance from which this section is derived shall be a nonconforming use under section 14-8 of this Code.
(Ord. No. 2010-40, § 4, 8-23-10; Ord. No. 2010-57, § 1, 12-13-10)
Editor's note— Prior to the reenactment of § 14-111 by Ord. No. 2010-40, Ord. No. 99-05, § 13, adopted Feb. 15, 1999, repealed § 14-111, which pertained to regulations for planned unit development districts, and derived from Ord. No. 95-04, § 1(304), adopted Feb. 20, 1995.
Editor's note— Ord. No. 2011-25, § 4, adopted May 23, 2011, renumbered former §§ 14-112—14-115 as §§ 14-90—14-92. See also the Code Comparative Table.
USE BASED ZONING DISTRICTS4
Editor's note— Ord. No. 2011-25, § 3, adopted May 23, 2011, amended the title of Div. 2 to read as herein set out. Prior to inclusion of said ordinance, Div. 2 was titled, "Zoning Districts." See also the Code Comparative Table.
(Ord. No. 2022-39, § 3, 10-17-2022; Ord. No. 2023-12, § 2, 5-17-2023)
(a)
Use regulations. No building or land shall be used, and no building shall be hereafter erected, moved or altered in district A except for as provided in section 14-100.
(b)
Setbacks.
(c)
Height.
(1)
Single-family residences shall not exceed two and one half stories in height, except for blocks 26, 38, 41, 42 and 47, which shall not exceed one and one half stories.
a.
The maximum height of a two and one half story home shall be 35 feet.
b.
The maximum height of a one and one half story home shall be 25 feet.
(2)
Nonresidential structures shall not exceed 35 feet in height.
(3)
Calculating maximum height in district A. The maximum height for a single-family dwelling, structure, or accessory structure shall be calculated from the minimum flood elevation protection standards enumerated in article IX "storm drainage and flood damage prevention".
(4)
Any finished floor that is elevated more than twelve inches above natural grade shall be provided with a dropped brick ledge or dropped veneer so as to leave no more than eight inches of slab exposed. All crawl spaces resulting from pier-and-beam and stem-wall types of construction must provide dropped veneers with vents sufficient to cover the sub-slab void.
(d)
Building area and add-on construction.
(1)
Single-family dwellings shall have a building area of at least 1,750 square feet for single-floor residences, or 1,200 square feet on the ground floor for multistory residences.
(2)
Nonresidential buildings shall contain not less than 1,000 square feet of ground floor area, except for churches or other places of worship which shall contain not less than 4,000 square feet of ground floor area.
(3)
Where add-on construction to a single-family detached dwelling in district A involves structural alternation that will increase the square footage of an enclosed living area on the ground floor, such add-on construction shall be permitted only to the side or rear of the existing dwelling, as space on the lot may allow while maintaining conformance with the applicable standards for minimum side and rear building setbacks. Where such add-on construction will result in a finished building height that at any point exceeds the height of the front façade of the existing dwelling at any point, the add-on construction shall be permitted only to the rear of the existing dwelling.
(e)
Parking.
(1)
The number of parking spaces for a single-family residential dwelling shall be a minimum of two parking spaces per dwelling unit.
(2)
The parking of private recreational vehicles (manufactured or home-made) including, but not limited to, motor homes, mini-motor homes, travel trailers, 5 th -wheel trailers, camping trailers, boat trailers, other trailers used for recreational purposes only, truck campers, all-terrain vehicles and all types of watercraft including boats and jet skis (motorized or propelled by any other means) shall not be parked or stored in front or side yards in zoning district A except for temporary periods of time not exceeding three consecutive days within a single calendar month. A recreational vehicle shall not be parked or stored in a rear yard in zoning district A unless such a vehicle is screened from public view by a six-foot solid wood, opaque, wrought iron, masonry or other equivalent screening fence material approved by the building official. When parked or stored, such vehicles shall have no part projecting past the front of the home. Nothing in this chapter is intended to preclude the construction of a properly permitted building that will enclose and screen recreational vehicles.
(3)
Commercial trailers or semi-trucks are not permitted to be stored within residential districts at any time.
(4)
Trucks and vans, larger than one ton in capacity, and self-propelled, self-powered, or pull-type equipment that weighs at least 3,000 pounds and that are intended to be used for commercial, agricultural, construction, or industrial uses, trailers and towed vehicles shall not be parked or stored in a front, side, or rear yard in district A except during the act of loading or unloading and except in connection with the provision of services to the property at which is parked.
(5)
Truck tractors shall not be stored or parked in district A except during the act of loading or unloading.
(6)
No vehicle shall be parked or stored on an unpaved surface in a front or side yard in zoning district A.
(f)
Additional structures. Freestanding structures in addition to a single-family dwelling.
(1)
Freestanding structures shall not exceed one story in height, the height of the home, or 15 feet, whichever is less.
(2)
The maximum square footage of any one freestanding structure shall be 1,000 square feet.
(3)
The maximum square footage of freestanding structures shall be 50 percent of the square footage of the main structure. The square footage of a detached garage shall be excluded from this calculation.
(4)
The maximum lot coverage in the rear yard shall be 60 percent (includes all non-pervious coverage such as concrete and pool coping).
(5)
The maximum number of accessory freestanding structures in the rear yard shall be four.
(6)
Building permits are not required for accessory freestanding structures provided that such structures shall have a building area of less than 25 square feet and provided that no utilities are installed.
(g)
Attached and detached garages.
(1)
Detached garages are permitted to have a maximum height of two stories or the height of the home, whichever is less.
(2)
Detached private garages shall not exceed four car capacity or 1,000 square feet of ground floor area.
(3)
Detached private garages and other freestanding structures exceeding one story in height shall not have second story openings facing the nearest side or rear lot line, except as may be required to comply with standards for emergency access and egress.
(4)
An attached or detached private garage which loads from a side street shall not be located closer than 20 feet to the side street line.
(5)
Garages with a breezeway width measuring less than eight feet shall be considered detached from the primary structure.
(6)
Garages that are to be elevated from their existing elevation for floodplain mitigation purposes shall be required to:
a.
Wholly remove the garage door in existence prior to home and/or garage elevation, with the garage area to be fully enclosed by a new wall to be installed at the location of the existing garage door; or,
b.
Modify the placement of the garage door at the time of home and/or garage elevation to "drop down" the garage door to the existing elevation.
This is intended to mitigate the architectural design concerns that are typically associated with home elevation projects.
(h)
Lot size.
(1)
No lot in this district for a single-family detached dwelling shall have a total area that exceeds by more than 20 percent the total area of any other lot for a single-family detached dwelling on the same block face.
(2)
Residential lots shall have a minimum of 50 percent of the required front yard and required side yards adjacent to a side street devoted to landscaping.
(i)
Masonry standards. The exterior walls on all residences in district A shall be a least 75 percent masonry construction to the top elevation line of the building sides of the first floor. Slab on grade home elevations must install masonry skirts to cover the sub-slab void or crawlspace, below exterior walls. The style and quality of all carports, detached private garages, and freestanding structures constructed after a certificate of occupancy shall conform to the original structure, provided, however, that only utility structures may have metal facades.
(1)
Masonry construction may include brick, stucco, or stone material. Stucco must be integrally colored or otherwise finished with a coating.
(2)
Use of CMU for exterior wall veneers is prohibited in this district, except that split-face concrete blocks, integrally colored or otherwise finished with a coating, may be utilized for the construction of veneer skirts for slab on grade home elevations. EIFS is prohibited.
(j)
Fences and hedges.
(1)
No fence in district A shall be permitted in the front yard, extending past the building setback line. For side street fencing, where one or more lots have frontage on the street, wrought iron style fencing may be installed to within two feet of the public sidewalk and shall not encroach beyond the side lot line.
(2)
Fences and hedges in district A may not be erected or planted directly on a property line without the express agreement of the property owners on both sides of the property line.
(3)
Fences in district A shall not:
a.
a. Exceed eight feet in height, except for chain-link fencing;
b.
Be topped with barbed or razor wire;
c.
Be electrified; or,
d.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(4)
Fences in district A shall be constructed of the following materials, such as:
a.
Chain-link:
1.
All chain-link fencing to be a minimum of four feet in height, a maximum of six feet in height, and shall be a minimum of 11 gauge galvanized material.
2.
All chain-link fencing higher than four feet shall be a minimum of nine gauge galvanized material.
b.
Redwood.
c.
Cedar.
d.
Wrought iron.
e.
Brick or other approved material of equal quality.
(5)
Refuse containers or similar equipment on nonresidential lots in district A shall be screened from public view, and from adjacent buildings or property, whether public or private. Such screening shall be permanent and opaque and of wood, metal or masonry material and shall be at least as high as the screened object, but in no event shall be less than six feet in height.
(k)
Minimum landscaped areas.
(1)
Specific standards.
a.
Residential lots shall have landscaped areas which in the aggregate include not less than 50 percent of the area contained within the building setbacks.
b.
A minimum of two trees (either existing or planted) measuring one inch or greater in diameter four feet above the ground at time of planting or measurement (if existing) are required within the front or side street setback areas.
c.
Landscaping shall be in harmony with the surrounding area adequate to minimize visual monotony and barrenness.
(2)
See chapter 14, article XII — Landscaping, buffer yard, park and open space standards for additional landscaping requirements.
(Ord. No. 95-04, § 1(303.1), 2-20-95; Ord. No. 98-15, §§ 1, 2, 6-15-98; Ord. No. 99-31, §§ 6, 7, 11-15-99; Ord. No. 01-02, § 1, 1-15-01; Ord. No. 03-04, § 1, 1-20-03; Ord. No. 03-28, § 1, 7-21-03; Ord. No. 2013-46, § 3(Exh. A), 12-16-13; Ord. No. 2017-54, § 2, 12-18-17; Ord. No. 2017-58, § 2, 12-18-17; Ord. No. 2019-26, § 2, 6-17-19; Ord. No. 2019-28, § 2, 5-17-19; Ord. No. 2022-39, § 4, 10-17-2022; Ord. No. 2023-12, §§ 3, 4, 5-17-2023; Ord. No. 2024-33, § 2, 10-14-24)
(a)
Use regulations. No building or land shall be used and no building shall be hereafter erected, moved or altered in district B except for as provided in section 14-100.
(b)
Setbacks.
(c)
Building/area. For townhouses and patio homes: The building area shall be not less than 1,400 square feet.
(d)
Height.
(1)
For single-family detached residences, the maximum height of a two and one-half story home shall be 35 feet.
(2)
For townhouses and patio homes: The height of buildings shall not exceed two stories and 30 feet.
(3)
For other uses: Buildings shall not exceed 25 feet in height.
(4)
Nonresidential structures shall not exceed 35 feet in height.
(5)
Calculating the maximum height in district B. The maximum height for a single-family dwelling, townhouse, patio home, structure, or accessory structure shall be calculated from the minimum flood elevation protection standards enumerated in article IX "storm drainage and flood damage prevention".
(6)
Any finished floor that is elevated more than 12 inches above natural grade shall be provided with a dropped brick ledge or dropped veneer so as to leave no more than eight inches of slab exposed. All crawl spaces resulting from pier-and-beam and stem-wall types of construction must provide dropped veneers with vents sufficient to cover the sub-slab void.
(e)
Parking. The number of parking spaces for single-family dwellings, townhouses, and patio homes shall be a minimum of two parking spaces per dwelling unit.
(f)
Additional structures. Accessory structures in addition to a single-family dwelling.
(1)
Accessory structures shall not exceed one story in height, the height of the home, or 15 feet, whichever is less.
(2)
The maximum square footage of accessory structures shall be 50 percent of the square footage of the main structure.
(3)
The maximum lot coverage in the rear yard shall be 60 percent (includes all non-pervious coverage such as concrete and pool coping).
(4)
The maximum number of accessory structures in the rear yard shall be four.
(5)
Building permits are not required for accessory freestanding structures provided that such structures shall have a building area of less than 25 square feet and provided that no utilities are installed.
(g)
Attached and detached garages.
(1)
Detached garages are permitted to have a maximum height of two stories or the height of the home, whichever is less.
(2)
Detached private garages shall not exceed four car capacity or 1,000 square feet of ground floor area.
(3)
Detached private garages and other accessory structures exceeding one story in height shall not have second story openings facing the nearest side or rear lot line, except as may be required to comply with standards for emergency access and egress.
(4)
An attached or detached private garage which loads from a side street shall not be located closer than 20 feet to the side street line.
(h)
Lot size for townhouses. The minimum lot size shall be 2,000 square feet, with a maximum density not to exceed ten dwelling units per acre.
(i)
Construction/masonry standards.
(1)
For uses permitted in district A, the construction regulations provided by subsection 14-101(c) for district A shall apply in district B. For townhouses and patio homes, the construction regulations provided by subsection 14-103(c) shall apply in district B.
(2)
Exterior walls shall have at least 75 percent masonry construction to the top elevation line of the building sides of the first floor.
a.
Masonry construction may include brick, stucco, or stone material.
b.
Use of CMU for exterior wall veneers prohibited in this district. EIFS is prohibited.
(3)
Townhouses.
a.
At least one wall of the living unit must be wholly coincident with the zero-property line.
b.
Walls coincident with zero-property lines must be masonry without openings. If an open court is places on the zero-property line, a minimum of six feet high masonry wall shall enclose the side of the court coincident with the zero-property line.
c.
No roof water may be drained to the zero-property line side.
d.
No water, electrical panels, plumbing elements, fireplace cleanouts, etc. may be placed on the zero-property line wall.
e.
Where a roof overhang over an adjacent lot is proposed a ten foot access easement for maintenance shall be provided on said adjacent lot.
(4)
Garden/patio homes.
a.
The wall that is coincident with or less than five feet to a property line must be masonry without openings.
b.
No roof water may be drained on to the adjacent lot or lots.
c.
No water, electrical panels, plumbing elements, fireplace cleanouts, etc. may be placed on a wall coincident with or less than five feet to a property line.
d.
The minimum building separation between the sides of adjacent dwellings shall be ten feet.
e.
Where a roof overhang over an adjacent lot is proposed a five foot access easement for maintenance shall be provided on said adjacent lot.
f.
See also subsection 14-135(b), lot line developments, for subdivision platting standards.
(j)
Fences and walls.
(1)
Fences and walls in district B shall not:
a.
Exceed eight feet in height, except for chain-link fencing.
b.
Chain-link fencing shall be a maximum of six feet in height.
c.
Be topped with barbed or razor wire.
d.
Be electrified.
e.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(2)
Fences in district B shall be constructed of the following materials, such as:
a.
Chain-link.
1.
All chain-link fencing to be a minimum of four feet in height, a maximum of six feet in height, and shall be a minimum of 11 gauge galvanized material.
2.
All chain-link fencing higher than four feet shall be a minimum of nine gauge galvanized material.
b.
Redwood.
c.
Cedar.
d.
Wrought iron.
e.
Brick or other approved material of equal quality.
(3)
Boundary between district B, the eastern business district, and the White Oak Bayou Wastewater Treatment Plant Site. Fences and walls shall not:
a.
Exceed 12 feet in height.
b.
Be topped with barbed or razor wire.
c.
Be electrified.
d.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(4)
Boundary between district B, the eastern business district, and the White Oak Bayou Wastewater Treatment Plant Site. Fences and walls shall be constructed of the following materials such as:
a.
Redwood.
b.
Cedar.
c.
Wrought iron.
d.
Brick or other approved materials of equal quality with metal posts set in 18 inch diameter concrete at least one-third the fence height in depth. Construction shall be in accordance with the building code with a foundation designed by an engineer registered in the state.
(k)
Minimum landscaped areas.
(1)
Specific standards.
a.
Residential lots shall have landscaped areas which in the aggregate include not less than 50 percent of the area contained within the building setbacks.
b.
A minimum of two trees (either existing or planted) measuring one inch or greater in diameter four feet above the ground at time of planting or measurement (if existing) are required within the front or side street setback areas.
c.
Landscaping shall be in harmony with the surrounding area adequate to minimize visual monotony and barrenness.
(2)
See chapter 14, article XII — Landscaping, buffer yard, park and open space standards for additional landscaping requirements.
(Ord. No. 95-04, § 1(303.2), 2-20-95; Ord. No. 97-04, §§ 8, 9, 4-21-97; Ord. No. 99-31, § 8, 11-15-99; Ord. No. 2022-39, § 4, 10-17-2022; Ord. No. 2023-12, §§ 5, 6, 5-17-2023)
(a)
Use regulations. No building or land shall be used and no building shall be hereafter erected, moved or altered in district C except for as provided in section 14-100.
(b)
Setbacks.
(c)
Building area for townhouses and patio homes shall be not less than 1,400 square feet.
(d)
Height.
(1)
For single-family detached residences, the maximum height of a two and one half story home shall be 35 feet.
(2)
For townhouses and patio homes: The height of buildings shall not exceed two stories and 30 feet.
(3)
For other uses: Buildings shall not exceed 25 feet in height.
(4)
Calculating the maximum height in district C. The maximum height for a single-family dwelling, townhouse, patio home, structure, or accessory structure shall be calculated from the minimum flood elevation protection standards enumerated in article IX "storm drainage and flood damage prevention".
(5)
Any finished floor that is elevated more than 12 inches above natural grade shall be provided with a dropped brick ledge or dropped veneer so as to leave no more than eight inches of slab exposed. All crawl spaces resulting from pier-and-beam and stem-wall types of construction must provide dropped veneers with vents sufficient to cover the sub-slab void.
(e)
Lot size for townhouses. The minimum lot size shall be 2,000 square feet, with a maximum density not to exceed ten dwelling units per acre.
(f)
Parking.
(1)
The number of parking spaces for single-family dwellings, townhouses, and patio homes shall be a minimum of two parking spaces per dwelling unit.
(2)
The parking of private recreational vehicles (manufactured or home-made) including, but not limited to, motor homes, mini-motor homes, travel trailers, 5 th -wheel trailers, camping trailers, boat trailers, other trailers used for recreational purposes only, truck campers, all-terrain vehicles and all types of watercraft including boats and jet skis (motorized or propelled by any other means) shall not be parked or stored in front or side yards in zoning district C except for temporary periods of time not exceeding three consecutive days within a single calendar month. A recreational vehicle shall not be parked or stored in a rear yard in zoning district C unless such a vehicle is screened from public view by a six foot solid wood, opaque, wrought iron, masonry or other equivalent screening fence material approved by the building official. When parked or stored, such vehicles shall have no part projecting past the front of the home. Nothing in this chapter is intended to preclude the construction of a properly permitted building that will enclose and screen recreational vehicles.
(3)
Trucks and vans, larger than one ton in capacity, and self-propelled, self-powered, or pull-type equipment that weighs at least 3,000 pounds and that are intended to be used for commercial, agricultural, construction, or industrial uses, trailers and towed vehicles shall not be parked or stored in a front, side, or rear yard in district C except during the act of loading or unloading and except in connection with the provision of services to the property at which is parked.
(4)
Truck tractors shall not be stored or parked in zoning district C except during the act of loading or unloading.
(5)
No vehicle shall be parked or stored on an unpaved surface in a front or side yard in zoning district C.
(6)
Commercial trailers or semi-trucks are not permitted to be stored within residential districts at any time.
(g)
Lot size. Minimum lot size for townhouses shall be 2,000 square feet, with a maximum density not to exceed ten dwelling units per acre.
(h)
Construction/masonry standards.
(1)
Exterior walls shall have at least 75 percent masonry construction to the top elevation line of the building sides of the first floor.
a.
Masonry construction may include brick, stucco, or stone material.
b.
Use of CMU for exterior wall veneers prohibited in this district. EIFS is prohibited.
(2)
Townhouses.
a.
At least one wall of the living unit must be wholly coincident with the zero-property line.
b.
Walls coincident with zero-property lines must be masonry without openings. If an open court is places on the zero-property line, a minimum of six feet high masonry wall shall enclose the side of the court coincident with the zero-property line.
c.
No roof water may be drained to the zero-property line side.
d.
No water, electrical panels, plumbing elements, fireplace cleanouts, etc. may be placed on the zero-property line wall.
e.
Where a roof overhang over an adjacent lot is proposed a ten foot access easement for maintenance shall be provided on said adjacent lot.
(3)
Garden/patio homes.
a.
The wall that is coincident with or less than five feet to a property line must be masonry without openings.
b.
No roof water may be drained on to the adjacent lot or lots.
c.
No water, electrical panels, plumbing elements, fireplace cleanouts, etc. may be placed on a wall coincident with or less than five feet to a property line.
d.
The minimum building separation between the sides of adjacent dwellings shall be ten feet.
e.
Where a roof overhang over an adjacent lot is proposed a five foot access easement for maintenance shall be provided on said adjacent lot.
f.
See also subsection 14-135(b), lot line developments, for subdivision platting standards.
(i)
Fences and hedges.
(1)
No fence in district C shall be permitted in the front yard, extending past the building setback line. For side street fencing, where one or more lots have frontage on the street, wrought iron style fencing may be installed to within two feet of the public sidewalk and shall not encroach beyond the side lot line.
(2)
Fences and hedges in district C may not be erected or planted directly on a property line without the express agreement of the property owners on both sides of the property line.
(3)
Fences in district C shall not:
a.
Exceed eight feet in height, except for chain-link fencing.
b.
Be topped with barbed or razor wire.
c.
Be electrified.
d.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(4)
Fences in district C shall be constructed of the following materials, such as:
a.
Chain-link.
1.
All chain-link fencing to be a minimum of four feet in height, a maximum of six feet in height, and shall be a minimum of 11 gauge galvanized material
2.
All chain-link fencing higher than four feet shall be a minimum of nine gauge galvanized material.
b.
Redwood.
c.
Cedar.
d.
Wrought iron.
e.
Brick or other approved material of equal quality.
(j)
Minimum landscaped areas.
(1)
Specific standards.
a.
Residential lots shall have landscaped areas which in the aggregate include not less than 50 percent of the area contained within the building setbacks.
b.
A minimum of two trees (either existing or planted) measuring one inch or greater in diameter four feet above the ground at time of planting or measurement (if existing) are required within the front or side street setback areas.
c.
Landscaping shall be in harmony with the surrounding area adequate to minimize visual monotony and barrenness.
(2)
See chapter 14, article XII — Landscaping, buffer yard, park and open space standards for additional landscaping requirements.
(Ord. No. 99-31, § 9, 11-15-99; Ord. No. 00-28, § 1, 8-21-00; Ord. No. 02-09, § 3, 4-15-02; Ord. No. 03-04, § 2, 1-20-03; Ord. No. 2017-56, § 2, 12-18-17; Ord. No. 2017-59, § 2, 12-18-17; Ord. No. 2022-39, § 4, 10-17-2022; Ord. No. 2023-12, §§ 7, 8, 5-17-2023)
Editor's note— Ord. No. 2022-39, § 4, adopted October 17, 2022, repealed § 14-103.1, which pertained to regulations for district C-2 (townhouse district) and derived from Ord. No. 02-18, § 3, adopted July 15, 2002; Ord. No. 04-15, § 1, adopted August 16, 2004; Ord. No. 2017-57, § 2, adopted December 18, 2017; Ord. No. 2017-60, § 2, adopted December 18, 2017.
(a)
Use regulations. No building or land shall be used and no building shall be hereafter erected, moved or altered in district M except for as provided in section 14-100.
(b)
Setbacks.
(c)
Building area.
(1)
Multi-family buildings shall contain not less than 2,000 square feet nor more than 21,000 square feet of ground floor area.
(2)
Accessory buildings shall contain not less than 100 square feet nor more than 15,000 square feet of ground floor area. Accessory structures shall be constructed of permanent material.
(3)
Portable buildings of a temporary nature are prohibited.
(d)
Height.
(1)
No building shall exceed 50 feet or three stories in height.
(2)
Calculating the maximum height in district M. The maximum height for a multi-family dwelling shall be calculated from the minimum flood elevation standards specified in article IX "storm drainage and flood damage prevention".
(3)
Any finished floor that is elevated more than 12 inches above natural grade shall be provided with a dropped brick ledge or dropped veneer so as to leave no more than eight inches of slab exposed. All crawl spaces resulting from pier-and-beam and stem-wall types of construction must provide dropped veneers with vents sufficient to cover the sub-slab void.
(e)
Parking.
(1)
The number of parking spaces for a multi-family residential dwelling shall be as follows:
a.
One bedroom: One and one-half parking spaces per dwelling unit.
b.
Two bedrooms: Two and one-half parking spaces per dwelling unit.
c.
Three or more bedrooms: Three and one-half parking spaces per dwelling unit.
d.
Rooming house/boarding house: One parking space per two beds.
e.
Congregate housing: One parking space per two beds.
(2)
For multifamily complexes with ten or more units, the required number of guest parking spaces will be determined by multiplying the total number of parking spaces otherwise required for such apartment complexes by 0.05.
(3)
All parking shall be ground level.
(f)
Lot size. No lot in this district shall have less than four and one half acres of total area.
(g)
Density. The density of multi-family dwelling units shall not exceed 12 units per acre for the entire district.
(h)
Construction/masonry standards. The exterior walls on all primary building in district M shall be at least 40 percent masonry construction to the top elevation line of the building sides of the first floor. The style and quality of all accessory structures shall conform to the standards of the primary structure(s).
(1)
Masonry construction may include brick, stucco, or stone material.
(2)
Use of CMU for exterior wall veneers is prohibited in this district. EIFS is prohibited.
(i)
Screening/fencing standards.
(1)
Screening. Refuse containers or like equipment outside of an enclosed space shall be screened from public view, either from adjacent buildings or adjacent property, both private and public. Such screens shall be permanent and opaque and of wood, metal or masonry material and shall be at least as high as the screened object, and in no case shall be less than six feet in height.
(2)
Interior fences in district M shall be a maximum of eight feet in height, shall be permanent and must be of the following types:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or masonry; or,
e.
Chain-link (sport court enclosures only) shall be maximum of 12 feet in height and shall be a minimum of nine gauge galvanized material.
(3)
No fence in district M shall:
a.
Be topped with barbed or razor wire.
b.
Be electrified.
c.
Be constructed of (or modified with) any fencing material(s) intended to be injurious or malicious in nature (such as, but not limited to, broken glass or metal spikes) that have the potential to cause bodily harm or injury.
(j)
Minimum landscaped areas.
(1)
Open areas. The following landscaping requirements shall apply in district M (multi-family dwelling district)
a.
A minimum of 20 percent of total area within the property lines shall be devoted to landscaping.
b.
All open unpaved space including, but not limited to, front, side, and rear building setback areas shall be planted and landscaped.
c.
Building front. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking areas.
(2)
See chapter 14, article XII — Landscaping, buffer yard, park and open space standards for additional landscaping requirements.
(Ord. No. 95-04, § 1(303.4), 2-20-95; Ord. No. 99-05, § 6, 2-15-99; Ord. No. 2014-33, § 1, 10-20-14; Ord. No. 2017-61, § 2, 12-18-17; Ord. No. 2022-39, § 4, 10-17-2022; Ord. No. 2023-12, §§ 9, 10, 5-17-2023)
(a)
Table 14-105(A).Commercial permitted uses.
(b)
Table 14-105(B).Commercial conditional uses.
(Ord. No. 2023-13, § 5, 5-17-2023)
Editor's note— Ord. No 2023, §§ 5, 6, adopted May 17, 2023, renumbered the former § 14-105 as § 14-106 and enacted a new § 14-105 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved or altered in district F except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations. The heights of buildings, the minimum area of buildings, and the minimum lot size upon any lot or parcel of land in district F shall be as follows:
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall be not less than 1,000 square feet of ground floor area except gasoline filling stations which shall contain not less than 500 square feet of ground floor area.
(3)
Lot size. The minimum lot size as established in section 14-137. Table 14-2 shall apply.
(4)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking areas.
(d)
Construction. The exterior walls on all buildings shall be masonry or concrete construction with masonry, exterior insulation finish system (EIFS), concrete and wood or metal fascia. EIFS must be installed at levels no less than eight feet above grade or platforms. Plain CMU shall not be used for the exterior walls, however, split-face CMU is permissible.
(e)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(f)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principal buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(g)
Commercial waste enclosures. Garbage and refuse containers in district F shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(h)
Fencing standards.
(1)
Fences in district F shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district F, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.5), 2-20-95; Ord. No. 97-04, §§ 10—13, 4-21-97; Ord. No. 98-15, § 3, 6-15-98; Ord. No. 99-05, §§ 7, 8, 2-15-99; Ord. No. 99-31, § 10, 11-15-99; Ord. No. 00-41, § 1, 1-18-00; Ord. No. 01-15, § 1, 5-21-01; Ord. No. 02-09, § 2, 4-15-02; Ord. No. 03-04, § 3, 1-20-03; Ord. No. 2006-11, § 1, 2-20-06; Ord. No. 2013-10, § 2, 3-18-13; Ord. No. 2013-45, § 2, 12-16-13; Ord. No. 2014-34, § 1, 10-20-14; Ord. No. 2017-27, § 2, 7-17-17; Ord. No. 2017-29, § 2, 7-17-17; Ord. No. 2017-62, § 2, 12-18-17; Ord. No. 2019-31, § 2, 7-15-19; Ord. No. 2021-32, § 2, 7-19-21; Ord. No. 2023-13, § 6, 5-17-2023)
Editor's note— Ord. No 2023, § 6, adopted May 17, 2023, renumbered the former § 14-105 as § 14-106 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved or altered in district G except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations. The heights of buildings, the minimum area of buildings, and the minimum lot size upon any lot or parcel of land in district G shall be as follows:
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall be not less than 1,000 square feet of ground floor area except gasoline filling stations which shall contain not less than 500 square feet of ground floor area.
(3)
Lot size. The minimum lot size shall be as established for nonresidential lots in section 14-137. Table 14-2, lot standards in this Code.
(4)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking areas.
(d)
Construction. The exterior walls on all buildings shall be masonry or concrete construction with masonry, exterior insulation finish system (EIFS), concrete and wood or metal fascia. EIFS must be installed at levels no less than eight feet above grade or platforms. Plain CMU shall not be used for the exterior walls, however, split-face CMU is permissible.
(e)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(f)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principal buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(g)
Commercial waste enclosures. Garbage and refuse containers in district G shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(h)
Fencing standards.
(1)
Fences in district G shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district G, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.6), 2-20-95; Ord. No. 99-05, § 9, 2-15-99; Ord. No. 00-41, § 2, 1-18-00; Ord. No. 01-15, § 2, 5-21-01; Ord. No 03-12, § 1, 3-17-03; Ord. No. 2006-10, § 1, 2-20-06; Ord. No. 2011-19, § 1, 4-18-11; Ord. No. 2011-28, § 2, 6-20-11; Ord. No. 2013-10, § 3, 3-18-13; Ord. No. 2017-30, § 2, 7-17-17; Ord. No. 2017-63, § 2, 12-18-17; Ord. No. 2019-31, § 3, 7-15-19; Ord. No. 2023-13, § 7, 5-17-2023)
Editor's note— Ord. No 2023, § 7, adopted May 17, 2023, renumbered the former § 14-106 as § 14-107 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
(a)
Use regulation. No building or land shall be used, and no building shall be erected moved or altered in district H except for as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations.
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. No limitations.
(d)
Construction. No limitations.
(e)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(f)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principle buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(g)
Commercial waste enclosures. Garbage and refuse containers in district H shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(h)
Fencing standards.
(1)
Fences in district H shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality;
e.
Chain-link. Where chain link fencing is constructed within district H, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.7), 2-20-95; Ord. No. 99-31, § 11, 11-15-99; Ord. No. 2019-31, § 4, 7-15-19; Ord. No. 2022-14, §§ 3, 4, 4-18-22; Ord. No. 2023-13, § 8, 5-17-2023)
Editor's note— Ord. No. 99-31, § 12, adopted Nov. 15, 1999, repealed § 14-108, which pertained to regulations for district I (townhouse district), and derived from Ord. No. 95-04, § 1(303.8), adopted Dec. 13, 1994; Ord. No. 97-04, §§ 14—16, adopted Apr. 21, 1997; and Ord. No. 99-05, § 10, adopted Feb. 15, 1999. Subsequently, Ord. No 2023, § 8, adopted May 17, 2023, renumbered the former § 14-107 as § 14-108 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved or altered in district J except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations for district J.
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall not be less than 1,000 square feet of ground floor area except gasoline filling stations which shall contain not less than 500 square feet of ground floor area.
(3)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking area.
(d)
Construction. The exterior walls on all buildings shall be masonry or concrete construction with masonry, exterior insulation finish system (EIFS), concrete and wood or metal fascia. EIFS must be installed at levels no less than eight feet above grade or platforms. Plain CMU shall not be used for the exterior walls, however, split-face CMU is permissible. Service center front elevation shall consist of a minimum of 15 percent glass.
(e)
Outside storage. There shall be no outside storage except as permitted under subsection (h) of this section.
(f)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(g)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principle buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(h)
Commercial waste enclosures. Garbage and refuse containers in district J shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(i)
Fencing standards.
(1)
Fences in district J shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district J, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.9), 2-20-95; Ord. No. 97-04, § 17, 4-21-97; Ord. No. 99-31, § 13, 11-15-99; Ord. No. 01-15, § 3, 5-21-01; Ord. No. 01-30, §§ 6, 9, 10-15-01; Ord. No. 2017-64, § 2, 12-18-17; Ord. No. 2019-31, § 5, 7-15-19; Ord. No. 2023-13, § 9, 5-17-2023)
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved, or altered in district J-1 except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations for district J-1.
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall not be less than 1,000 square feet of ground floor area except gasoline filling stations which shall contain not less than 500 square feet of ground floor area.
(3)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking area.
(d)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(e)
Screening.
(1)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(2)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principal buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(3)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(4)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(5)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(6)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(7)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(f)
Commercial waste enclosures. Garbage and refuse containers in district J-1 shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(g)
Fencing standards.
(1)
Fences in district J-1 shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district J-1, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 2010-55, § 3, 12-13-10; Ord. No. 2019-31, § 6, 7-15-19; Ord. No. 2022-31, § 3, 7-18-22; Ord. No. 2023-13, § 10, 5-17-2023)
(a)
Use regulations. No building or land shall be used and no building shall be erected, moved or altered in district K except as provided in section 14-105.
(b)
Setbacks.
(c)
Height and area regulations in district K.
(1)
Height. Buildings shall not exceed four stories (56 feet) in total height without an approved specific use permit. Rooftop mechanical equipment shall not be included when determining overall building height.
(2)
Building area. The building area of each building shall not be less than 1,000 square feet of ground floor area, provided that gasoline filling stations shall contain not less than 500 square feet of ground floor area.
(3)
Open area.
a.
A minimum of ten percent of total area within the property lines shall be devoted to landscaping. All open unpaved space including, but not limited to, front, side and rear building setback areas shall be planted and landscaped. See article XII of this chapter.
b.
Building fronts. An average of at least ten feet and a minimum of five feet shall be a green area and walkway between the building and parking area.
c.
Notwithstanding anything to the contrary contained in this section, distribution warehouse subdivisions in excess of 70 acres shall have a minimum of ten percent total open area including stormwater detention and utility easement area.
(d)
Construction. The exterior walls on all buildings shall be masonry or concrete construction with masonry, exterior insulation finish system (EIFS), concrete and wood or metal fascia. EIFS must be installed at levels no less than eight feet above grade or platforms. Plain CMU shall not be used for the exterior walls, however, split-face CMU is permissible. Service center front elevation shall consist of a minimum of 15 percent glass.
(e)
Outside storage. There shall be no outside storage except as permitted under subsection (h) of this section. Distribution warehouse subdivisions in excess of 70 acres may have associated outside storage of inventories, machinery and other similar materials within the project if screened from the view of adjacent properties by:
(1)
Opaque fencing made of wood, metal or masonry material not less than six feet in height nor more than ten feet in height;
(2)
Fencing not less than six feet in height nor more than ten feet in height with dense opaque landscaping of not less than three feet in width and capable of attaining five to ten feet in height within 18 months of planting; or
(3)
Existing buildings, provided that the total area devoted to outside storage shall not exceed ten percent of the building area.
(f)
Buffering.
(1)
Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below.
(2)
Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.
(3)
Bufferyards shall be provided according to the standards provided in section 14-88, Example 14-7.
(4)
See also sections 14-310 and 14-311 for landscaping standards.
(g)
Screening.
(1)
Notwithstanding anything to the contrary contained in this section, distribution warehouse subdivisions in excess of 70 acres may have unscreened refuse containers located adjacent to the distribution warehouse buildings, provided they are at a minimum distance of 120 feet from any street right-of-way.
(2)
For development of nonresidential lots directly abutting and adjacent to residential zoning districts, an obscuring wall shall be required. The required wall shall be located inside the nonresidential lot lines abutting and adjacent to the residential zoning districts; provided, however, where a masonry wall has been constructed in a residential subdivision abutting nonresidential lots prior to development of the nonresidential lots, the masonry wall in the residential lots shall serve as the required screen and shall meet all requirements required of screens on nonresidential lots. Where a masonry wall of at least six feet in height exists in the residential lots abutting a nonresidential development, the nonresidential developer shall provide a buffer yard one and one-half times the width required elsewhere in this Code with two times the landscaping requirements in lieu of a second masonry wall.
(3)
All walls shall be constructed of a solid unpierced masonry material with the surface facing the residential lots constructed of a common or face brick, decorative block or similar material that is compatible with the principle buildings in the adjacent residential areas. Similar material shall not include smooth face concrete masonry blocks or units. Masonry walls shall be erected on a concrete foundation of adequate strength and shall be not less than four inches wider than the wall to be erected.
(4)
No opening shall be permitted for access through the wall unless a solid gate equally the height of the wall is provided. Such gate shall remain closed at all times except when in actual use.
(5)
The quality and type of materials used structurally for the walls shall conform with those specified in the building code which apply to foundation footing and supporting materials used in residential construction within the city.
(6)
Any person causing an excavation to be made on property adjacent to an existing wall shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall.
(7)
Walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the development officer to the current property owner who is responsible for the maintenance of the walls constructed.
(8)
If such freestanding walls are not repaired, rebuilt or replaced within 60 days after receipt of such notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as established in this article and other legal recourse.
(h)
Commercial waste enclosures. Garbage and refuse containers in district K shall be screened from public view, from adjacent buildings and from adjacent property, public or private. Screens shall be permanent and opaque and of wood, metal or masonry material, shall be at least as high as the screened object and shall not be less than six feet high.
(i)
Fencing standards.
(1)
Fences in district K shall be constructed of the following materials, such as:
a.
Redwood;
b.
Cedar;
c.
Wrought iron;
d.
Brick or other approved masonry material of equal quality; or,
e.
Chain-link. Where chain link fencing is constructed within district K, the fencing material should be a minimum of four feet in height and a maximum of six feet in height. All fencing four feet in height shall be a minimum of 11-gauge galvanized material and all fencing higher than four feet shall be a minimum of nine-gauge galvanized material.
(2)
The use of barbed wire, razor wire or any other similar material is not allowed.
(Ord. No. 95-04, § 1(303.10), 2-20-95; Ord. No. 97-04, §§ 18, 19, 4-21-97; Ord. No. 97-18, §§ 1—5, 8-26-97; Ord. No. 97-30, § 3, 11-17-97; Ord. No. 99-05, §§ 11, 12, 2-15-99; Ord. No. 01-15, § 4, 5-21-01; Ord. No 03-27, § 2, 7-21-03; Ord. No. 2013-10, § 4, 3-18-13; Ord. No. 2017-65, § 2, 12-18-17; Ord. No. 2019-31, § 7, 7-15-19; Ord. No. 2023-13, § 11, 5-17-2023)
(a)
The intent of this section is to promote the general welfare, to conserve property values and to promote the most appropriate use of land in the city.
(b)
Motor vehicle sales shall be permitted in the motor vehicle sales overlay district.
(c)
Motor vehicle sales shall be prohibited outside the motor vehicle sales overlay district.
(d)
Uses permitted in the respective base districts lying within the boundaries of the motor vehicle sales overlay district shall continue to be permitted. A motor vehicle sales business that is outside the motor vehicle sales overlay district and which is in existence as of the effective date of the ordinance from which this section is derived shall be a nonconforming use under section 14-8 of this Code.
(Ord. No. 2010-40, § 4, 8-23-10; Ord. No. 2010-57, § 1, 12-13-10)
Editor's note— Prior to the reenactment of § 14-111 by Ord. No. 2010-40, Ord. No. 99-05, § 13, adopted Feb. 15, 1999, repealed § 14-111, which pertained to regulations for planned unit development districts, and derived from Ord. No. 95-04, § 1(304), adopted Feb. 20, 1995.
Editor's note— Ord. No. 2011-25, § 4, adopted May 23, 2011, renumbered former §§ 14-112—14-115 as §§ 14-90—14-92. See also the Code Comparative Table.