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

(1)

Stables, commercial or private.

(2)

Agricultural uses to include animal production, crop production, horticulture, and support housing.

(3)

Home occupations as permitted in district "R-1" single-family residential district.

(4)

Agricultural single-family residential in accordance with division 3 of this article.

(5)

Accessory buildings customarily incident to the uses in this section.

(Ord. No. 88-114, § II(6-C-1), 12-13-88)

No structure shall be erected in a district "A" agricultural district having a height in excess of forty-five (45) feet.

(Ord. No. 88-114, § II(6-C-2), 12-13-88)

(a)

Size of yard. The yards in the district "A" agricultural district shall conform to the following:

(1)

Front yard. There shall be a front yard having a depth of not less than forty (40) feet.

(2)

Side yard. There shall be a side yard on each side of the lot having a width of not less than ten (10) feet. A side yard adjacent to a side street shall not be less than twenty-five (25) feet.

(b)

Size of lot. No structure shall be erected on any lot in a district "A" agricultural district less than three (3) acres.

(Ord. No. 88-114, § II(6-C-3), 12-13-88)

The parking regulations for the district "A" agricultural district shall be the same as for district "R-1" single-family residential district.

(Ord. No. 88-114, § II(6-C-4), 12-13-88)

The sign regulations for a district "A" agricultural district shall be the same as for district "R-1" single-family residential district, with the exception of on-premises signs in which signs shall not exceed a total of twenty-four (24) square feet in area per premises or eight (8) feet in height. There shall be no more than three (3) on-premises signs allowed for property in excess of thirty (30) acres in size.

(Ord. No. 88-114, § II(6-C-5), 12-13-88; Ord. No. 17-010, § I, 2-14-17)

For the purpose of developing property containing a minimum of one acre of land designed to promote and encourage a transition between suburban and rural character, within a suitable estate environment where the landscape is visually dominant over structures.

(Ord. No. 88-114, § V(15-5), 12-13-88; Ord. No. 12-072, § I, 9-25-12)

(a)

A building or premises in a district "A-R1" agricultural single-family residential district shall be used only for the following purpose:

(1)

Single-family residential homes.

(2)

Home occupations, accessory uses and buildings as permitted in section 31-186(13).

(3)

Parks and recreation areas.

(4)

Churches, synagogues, chapels and similar places of religious worship.

(5)

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

(6)

Crop and tree farming, but not including the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.

(7)

Public and quasi-public buildings for cultural use.

(8)

Utility substations.

(b)

Permitted Accessory Uses:

(1)

One guest home per lot shall be permitted in the district subject to the following standards:

a.

The guest house shall be a detached accessory use to a principal residence.

b.

The maximum allowed area of the guest house shall not exceed twenty five (25) percent of the floor area of the principal residence (exclusive of garages).

c.

One additional off-street parking space shall be required.

d.

The rental or lease of a guest house shall be prohibited.

(2)

Non-commercial, animal holding pens of any kind, being no closer than fifty (50) feet from a street line and no closer than two hundred and fifty (250) feet from lot line.

(Ord. No. 88-114, § V(15-5-2), 12-13-88; Ord. No. 12-072, § I, 9-25-12)

No structure shall be erected in a district "A-R1" agricultural single-family residential district having a height in excess of forty-five (45) feet, or three (3)

(Ord. No. 88-114, § V(15-5-2), 12-13-88; Ord. No. 12-072, § I, 9-25-12)

(a)

Size of yards. The size of yards in the district "A-R1" agricultural single-family residential district shall be as follows:

(1)

Front yards. There shall be a front yard having a depth of not less than thirty (30) feet.

(2)

Side yards. There shall be a side yard on each side of the lot having a width of not less than twenty (20) feet. A side yard adjacent to a side street shall not be less than twenty-five (25) feet.

(3)

Rear yards. There shall be a rear yard having a depth of not less than forty (40) feet.

(b)

Size of lot. The size of lots in a district "A-R1" agricultural single-family residential district shall be as follows:

(1)

Lot area. No building or structure shall be erected on any lot having less than one (1) acre.

(2)

Lot width. The width of the lot shall not be less than one hundred (100) feet at the front building line.

(Ord. No. 88-114, § V(15-5-3), 12-13-88; Ord. No. 12-072, § I, 9-25-12)

The sign regulations for the district "A-R1" agricultural single-family residential district shall be the same as district "R-1."

(Ord. No. 88-114, § V(15-5-4), 12-13-88; Ord. No. 12-072, § I, 9-25-12)

The residential density in a district "A-R1" agricultural single-family residential district shall be not more than one (1) principal dwelling unit per lot.

(Ord. No. 88-114, § V(15-5-5), 12-13-88; Ord. No. 12-072, § I, 9-25-12)

The "SR-1" suburban residential district is created to provide for single family detached residences and other uses at densities that are compatible with the Comprehensive Plan's goals for larger baseline minimum lot size and increased setbacks. The "SR-1" district may be applied to both undeveloped tracts and existing stable neighborhoods in appropriate locations recognized by the Comprehensive Plan. The intent of the district shall be to preserve existing natural features and vegetation, promote excellence in site planning and landscape design, facilitate the efficient layout and orientation of public utilities and community infrastructure, and encourage housing with compatible scale and character of architecture.

(Ord. No. 12-075, § I, 10-9-12; Ord No. 14-020, 3-11-14)

A building or premises in a "SR-1" suburban residential single-family district shall be used only for the following purpose:

(1)

Single-family detached dwellings.

(2)

Any use permitted in section 31-186(1-13(b)).

(Ord. No. 12-075, § I, 10-9-12 Ord No. 14-020, 3-11-14; )

No structure shall be erected in a "SR-1" suburban residential single-family district having a height in excess of thirty-five (35) feet, or two and one-half (2½) stories.

(Ord. No. 12-075, § I, 10-9-12)

(a)

Size of yards. The size of yards in the "SR-1" suburban residential single-family district shall be as follows:

(1)

Front yards. There shall be a front yard having a depth of not less than twenty-five (25) feet.

(2)

Side yards. There shall be a minimum of twenty (20) feet between structures on adjacent lots, with a minimum side yard of ten (10) feet. No side yard for allowable nonresidential uses shall be less than twenty-five (25) feet.

(3)

Rear yards. There shall be a rear yard having a depth of not less than twenty-five (25) feet.

(b)

Size of lot. The size of lots in a "SR-1" suburban residential single-family district shall be as follows:

(1)

Lot area. No building or structure shall be erected on any lot having less than eight thousand four hundred (8,400) square feet.

(2)

Lot width. The width of the lot shall not be less than seventy (70) feet at the front building line.

(3)

Lot depth. The average depth of the lot shall not be less than one hundred (100) feet.

(Ord. No. 12-075, § I, 10-9-12; Ord No. 14-020, 3-11-14)

The sign regulations for the "SR-1" suburban residential single-family district shall be the same as district "R-1."

(Ord. No. 12-075, § I, 10-9-12)

The residential density (or average density) in a "SR-1" suburban residential single-family district shall be not more than three and one-half (3½) dwelling units per gross acre.

(Ord. No. 12-075, § I, 10-9-12; Ord. No. 20-024, § I, 5-26-20)

Editor's note— Ord. No. 20-038, § I, adopted August 18, 2020, repealed § 31-184 which pertained to landscaping regulations and derived from Ord. No. 12-075, § I, adopted Oct. 9, 2012; Ord. No. 14-020, adopted March 11, 2014; and Ord. No. 19-040, § I, adopted Sept. 10, 2019.

The "SR-2" suburban residential single family district is created to provide for single family detached residences and other uses at densities that are compatible with the Comprehensive Plan's goals for larger baseline minimum lot size and increased setbacks. The "SR-2" district may be applied to both undeveloped tracts and existing stable neighborhoods in appropriate locations recognized by the Comprehensive Plan. The intent of the district shall be to preserve existing natural features and vegetation, promote excellence in site planning and landscape design, facilitate the efficient layout and orientation of public utilities and community infrastructure, and encourage housing with compatible scale and character of architecture.

(Ord. No. 13-017, § I, 3-12-13; Ord No. 14-020, 3-11-14)

(a)

A building or premises in a "SR-2" suburban residential single-family district shall be used only for the following purpose:

(1)

Single-family detached dwellings.

(2)

Any use permitted in sections 31-186(1-13(b)).

(b)

Permitted Accessory Uses:

(1)

One guest home per lot shall be permitted in the district subject to the following standards:

a.

The guest house shall be a detached accessory use to a principal residence.

b.

The maximum allowed area of the guest house shall not exceed twenty-five (25) percent of the floor area of the principal residence (exclusive of garages).

c.

One additional off-street parking space shall be required.

d.

The rental or lease of a guest house shall be prohibited.

(Ord. No. 13-017, § I, 3-12-13; Ord No. 14-020, 3-11-14)

No structure shall be erected in a "SR-2" suburban residential single-family district having a height in excess of three (3) stories.

(Ord. No. 13-017, § I, 3-12-13)

(a)

Size of yards. The size of yards in the "SR-2" suburban residential single-family district shall be as follows:

(1)

Front yards. There shall be a front yard having a depth of not less than thirty-five (35) feet.

(2)

Side yards. There shall be a minimum side yard of ten (10) feet (10) feet. A side yard adjacent to a side street shall not be less than twenty (20) feet. No side yard for allowable nonresidential uses shall be less than twenty-five (25) feet.

(3)

Rear yards. There shall be a rear yard having a depth of not less than ten (10) feet.

(b)

Size of lot. The size of lots in a "SR-2" suburban residential single-family district shall be as follows:

(1)

Lot area. No building or structure shall be erected on any lot having less than fifteen thousand (15,000) square feet.

(2)

Lot width. The width of the lot shall not be less than ninety (90) feet at the front building line.

(Ord. No. 13-017, § I, 3-12-13; Ord No. 14-020, 3-11-14)

The sign regulations for the "SR-2" suburban residential single-family district shall be the same as district "R-1."

(Ord. No. 13-017, § I, 3-12-13)

Architectural design. All attached garages in this district shall be constructed as side or rear entry. Detached front loading garages in this district shall be constructed at a minimum depth of forty-five (45) feet as measured from the front property line.

(Ord. No. 20-038, § I, 8-18-20)

Editor's note— Ord. No. 20-038, § I, adopted August 18, 2020, in effect repealed § 31-185.6 and enacted a new § 31-185.6, as set out herein. The former section pertained to landscaping regulations and derived from Ord. No. 13-017, § I, adopted March 12, 2013; Ord No. 14-020, adopted March 11, 2014; and Ord. No. 19-040, § I, adopted Sept. 10, 2019.

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

(1)

One-family dwellings, including site-built and modular construction.

(2)

Churches or other places of worship.

(3)

Colleges, universities or other institutions of higher learning.

(4)

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

(5)

Farms, nurseries or truck gardens, limited to the proportion and cultivation of plants, provided no retail or wholesale business is conducted on the premises, and provided further that no poultry or livestock other than normal household pets shall be housed within one hundred (100) feet of any property line.

(6)

Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency.

(7)

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

(8)

Real estate sales offices during the development of residential subdivisions but not to exceed two (2) years. Display residential houses with sales offices, provided that if such display houses are not moved within a period of one (1) year, specific permission must be obtained from the city council for such display houses to remain on their locations.

(9)

Schools, public elementary or high.

(10)

Schools, private with curriculum equivalent to that of a public elementary or high school.

(11)

Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work.

(12)

Water supply reservoirs, pumping plants and towers.

(13)

Accessory buildings and uses, incident to the uses in this section and located on the same lot therewith, not involving the conduct of a retail building.

a.

A sign or outside advertising display (as defined by subsection 101.1 of the International Building Code) shall not be allowed as an accessory use, except that:

1.

An on-premises ground sign, limited to the provisions of subsection 31-507(A)(3) may be allowed as an accessory use to churches, places of worship, libraries, museums and public buildings.

2.

Any unilluminated signs allowed in section 31-503 may be allowed as an accessory use to any primary use authorized by this chapter.

3.

An on-premises sign, limited to the provisions of subsection 31-503(2), may be allowed as an accessory use to those primary uses authorized by subsection (8), provided that such signs shall be allowable only so long as these specified primary uses are allowed.

No authorized accessory use sign shall be located in a required side or rear yard which is adjacent to any other lot designated for residential use.

b.

A private garage with or without storeroom and/or utility room shall be permitted as an accessory building; provided that such garage shall be located not less than twenty-five (25) feet from the front lot line and shall not be less than five (5) feet from any interior side lot line and ten (10) feet from any rear lot line and in the case of corner lots not less than the distance required for residences from side streets. A garage or servants' quarters constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

c.

The term "accessory use" shall include home occupations subject to the following provisions:

1.

Definition. A home occupation is an accessory use of a dwelling unit or garage for gainful employment, involving the provision of goods and/or services.

2.

When a use is a home occupation, the owner, lessee or other resident occupant persons having a legal right to the use of the dwelling unit shall also have the vested right to conduct the home occupation without securing special permission from the city to do so.

3.

Notwithstanding subsection 31-186(13)c.2. above, persons conducting a home occupation are required to comply with, and are subject to, any other city ordinance conditions affecting the occupation and its property, such as off-street parking, building permits, business licenses, fire safety and life safety codes.

4.

Notwithstanding subsection 31-186(13)c.2. above, persons conducting a home occupation are required to comply with, and are subject to, any and all local, state and/or federal rules, regulations, ordinances, or laws, including, but not limited to, those regarding environmental protection.

5.

Home occupations are permitted accessory uses only so long as all the following conditions are observed:

(i)

The total number of employees and clients or patrons of the business shall not, at any time, exceed the maximum occupancy of the building or property;

(ii)

The home occupation shall not involve the use of advertising signs or window displays on the premises or any other local advertising media which call attention to the fact that the home is being used for business purposes; except that for purposes of a telephone directory listing, a telephone number, but no business address, may be published;

(iii)

In no way shall the outside appearance of the dwelling be altered from its residential character;

(iv)

Performance of the occupation activity shall not be visible from the street;

(v)

The use shall not increase vehicular or pedestrian traffic flow beyond what normally occurs in the applicable zoning district. Additionally, the use shall not increase the number of vehicles parked on the premises by more than two (2) additional vehicles at a time. All customer/client parking shall be off-street and other than in unpaved areas of the front yard;

(vi)

There shall be no outside storage, (to include trailers), or display related to the home occupation;

(vii)

No home occupation shall cause an increase in the use of any one (1) or more public utilities (water, sewer, electricity, garbage, etc.) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood;

(viii)

One (1) commercial vehicle, capacity of one (1) ton or less (excluding attached trailers) may be used or parked on the property in connection with the home occupation;

(ix)

Except for articles produced on the premises, no stock in trade shall be displayed or sold on the premises;

(x)

No mechanical or electrical equipment shall be employed other than the quality and quantity of machinery or equipment customarily found in a home associated with a hobby or avocation not conducted for gain or profit; and

(xi)

The home occupation use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.

6.

Home occupations may, subject to the requirements of subsections 31-186(13)c.1—5, include, but are not necessarily limited to, the following:

(i)

Office facility of an accountant, architect, attorney, engineer, consultant, insurance agent, real estate broker or member of similar professions;

(ii)

Author, artist or sculptor;

(iii)

Dressmaker, seamstress, or tailor;

(iv)

Music/dance teacher, or similar school of instruction, provided that instruction shall be limited to no more than one (1) pupil at a time;

(v)

Individual tutoring;

(vi)

Millinery;

(vii)

Minister, rabbi, priest or member of religious orders;

(viii)

Home crafts such as rug weaving, model making;

(ix)

Office facility of a salesman, sales representative, manufacturer's representative, or service provider, for sale of goods or services, whether said individual or individuals are self-employed or otherwise, and provided that no retail or wholesale transactions or provision of services are made on the premises;

(x)

Repair shops for small electrical appliances (such as irons, portable fans and the like), typewriters, cameras and other similar small items, provided the item does not have an internal combustion engine; and

(xi)

Food preparation establishments such as cake maker, provided there is compliance with all state health laws and no consumption of food items by customers on the premises.

7.

Permitted home occupations shall not in any event be deemed to include:

(i)

Animal hospitals or clinics, commercial stables, or commercial kennels;

(ii)

Schools of instruction of any kind with more than one (1) pupil at a time unless such school was established prior to the date of passage of this section;

(iii)

Restaurants;

(iv)

Automobile, boat or trailer paint or repair shops (major or minor);

(v)

Doctor, dentist, veterinarian or other medically related offices;

(vi)

On-premises retail sales, except garage sales as otherwise provided in this Code;

(vii)

Laundromats with more than one (1) washing machine and one (1) dryer;

(viii)

Mortuaries;

(ix)

Private clubs;

(x)

Trailer rentals;

(xi)

Repair shops or service establishments, except as provided in subsection 31-186(13)c.6.(x) above;

(xii)

Carpentry work;

(xiii)

Photo developing or photo studios;

(xiv)

Upholstering;

(xv)

Antique shops;

(xvi)

Gift shops;

(xvii)

Repair shops for any item with an internal combustion engine; and

(xviii)

Those home occupation uses which, without regard to principal or accessory use conditions, would be classified as assembly, factory-industrial, hazardous, institutional or mercantile occupancies as defined by the 1988 Standard Building Code, as amended.

8.

No conditional use permit as provided in section 31-456 of this chapter shall be issued for any home occupations prohibited by subsection 31-186(13)c.7. above.

9.

The provisions of this section shall apply to all home occupations, regardless of the date of their creation/existence, unless specifically exempted by subsection 31-186(13)c.7.(viii), or temporarily exempted by subsection 31-186(13)c.8. above.

(14)

Subdivision entry features, as described in section 26-202 of this code.

(15)

Cemetery.

(16)

Licensed community homes or group home for persons with disabilities having not more than six (6) persons with disabilities and two (2) supervisors in accordance with V.T.C.A., Human Resources Code, ch. 123.

(17)

Short term rentals in accordance with Killeen Code of Ordinances Chapter 31, Article VII.

(Code 1963, Ch. 9, art. 2, § 6-1; Ord. No. 87-10, §§ 1,2, 2-24-87; Ord. No. 91-71, § 1, 12-17-91; Ord. No. 92-6, §§ I, II, 3-24-92; Ord. No. 93-52, § II, 6-22-93; Ord. No. 99-47, § II, 6-8-99; Ord. No. 10-059, § III, 9-28-10; Ord. No. 16-001, § I, 1-12-16; Ord. No. 17-010, § I, 2-14-17; Ord. No. 20-024, § I, 5-26-20; Ord. No. 23-029, § I, 4-11-23; Ord. No. 24-049, § III, 11-5-24; Ord. No. 25-046, § I, 8-19-25)

No building in a district "R-1" single-family residential district shall exceed thirty-five (35) feet or two and one-half (2½) stories in height.

(Code 1963, Ch. 9, art. 2, § 6-2)

(a)

Size of yards. The yards in the district "R-1" single-family residential district shall conform to the following:

(1)

Front yard. There shall be a front yard having a depth of not less than twenty (20) feet. Where lots have double frontage running through from one (1) street to another, the required front yard shall be provided on both streets. No parking shall be allowed within the required front yard.

(2)

Side yard. There shall be a side yard on each side of the lot having a width of not less than five (5) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. No side yard for allowable nonresidential uses shall be less than twenty-five (25) feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet measured from the centerline of the easement as in the subdivision ordinance.

(b)

Size of lot. The lot requirements for the district "R-1" single-family district shall be as follows:

(1)

Lot area. No building shall be constructed on any lot less than six thousand (6,000) square feet.

(2)

Lot width. The width of the lot shall not be less than sixty (60) feet at the front street building line, nor shall its average width be less than sixty (60) feet.

(3)

Lot depth. The average depth of the lot shall not be less than one hundred (100) feet, except that a corner lot, having a minimum width of not less than eighty (80) feet, may have an average depth of less than one hundred (100) feet provided that the minimum depth is not less than ninety (90) feet.

(4)

Existing lots. Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the effective date of the ordinance from which this chapter is derived, the above regulations shall not prohibit the erection of a one-family dwelling thereon.

(Code 1963, Ch. 9, art. 2, § 6-3; Ord. No. 23-073, § I, 12-12-23)

Off-street parking spaces shall be provided in a district "R-1" single-family residential district in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 6-4; Ord. No. 83-33, §§ 2, 3, 6-14-83; Ord. No. 83-38, §§ 2-4, 7-12-83; Ord. No. 86-23, § 3, 4-22-86)

A building or premises in a district "SF-2" single-family residential district shall be used only for the following purposes:

(1)

Single-family dwellings meeting the criteria of the garden home district, with a minimum floor area of one thousand one hundred (1,100) square feet.

(2)

All uses allowed in section 31-186, including those defined as home occupation uses.

(Ord. No. 93-102, § II, 11-9-93; Ord. No. 10-014, § I, 4-27-10)

No building in the "SF-2" single-family residential district shall exceed thirty-five (35) feet or two and one-half (2½) stories in height.

(Ord. No. 93-102, § II, 11-9-93; Ord. No. 10-014, § I, 4-27-10)

(a)

Project size. All development projects in this district must contain a minimum of one (1) acre of property. A planned unit development (PUD), as defined in chapter 31, article V, division 8, Killeen Code of Ordinances, shall be required for any request for a "SF-2" district when the total acreage of the request consists of twenty-five (25) acres or more. The purpose of requiring a PUD is to give the city council the ability to determine the proposed development's impact on existing infrastructure and open/recreational space and whether additional public improvements to serve denser development are necessary to promote the health, safety and welfare of the development's residents.

(b)

Size of yards. The yards in the "SF-2" single-family residential district shall conform to the following:

(1)

Front yard. There shall be a front yard having a depth of not less than twenty (20) feet. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets.

(2)

Side yard. There shall be a side yard on each side of the lot having a width of not less than five (5) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than twenty (20) feet.

(c)

Size of lot. The lot requirements for the "SF-2" single-family residential district shall be as follows:

(1)

Lot area. No building shall be constructed on any lot less than five thousand (5,000) square feet of area.

(2)

Lot width. The width of the lot shall not be less than fifty (50) feet at the front street building line. On corner lots, with two (2) street frontages, the minimum width shall be not less than sixty (60) feet.

(3)

Lot depth. The average depth of the lot shall be not less than one hundred (100) feet, except that a corner lot having a minimum width of not less than forty-five (45) feet may have an average depth of less than one hundred (100) feet, provided that the minimum depth is not less than ninety (90) feet.

(Ord. No. 93-102, § II, 11-9-93; Ord. No. 94-62, § I, 9-13-94; Ord. No. 10-014, § I, 4-27-10; Ord. No. 19-040, § I, 9-10-19; Ord. No. 20-038, § I, 8-18-20; Ord. No. 23-073, § I, 12-12-23)

Off-street parking spaces shall be provided in a "SF-2" single-family residential district in accordance with the requirements for the uses set forth in article V, division 3 of this chapter.

(Ord. No. 93-102, § II, 11-9-93; Ord. No. 10-014, § I, 4-27-10)

(a)

The following uses shall be permitted in a district "RM-1" residential modular home single-family district:

(1)

All uses permitted in R-1 district, provided that all conventional site-built structures in the district created by this division shall not be entitled to any of the waivers of construction and inspection provisions provided elsewhere in this code and such structures shall be built in conformance with all of those standards as if constructed in an R-1 district.

(2)

One-family dwellings of modular construction:

a.

Modular construction as used in this section shall mean factory-produced components transportable to a building site and affixed to a permanent foundation meeting HUD minimum property standards for one- and two-family housing units. (Certification that each module meets the required standards shall be the certification from the manufacturer to the builder that such standards are met, and a copy of such must be provided to the city's building official prior to placing any modules on site in this district.)

b.

Affixed to permanent foundation as used in this section shall mean that the structure so affixed is free from all devices used for its transportation.

c.

Residential units of modular construction may not be placed in any other district.

(b)

Inactive district. All properties with a "RM-1" district zoning in effect prior to the effective date of the ordinance from which this paragraph is derived shall continue to be allowed to be used for the uses provided in this section, and regulated by the provisions of this section, until such time as the property is rezoned by action initiated by the property owner or by the city. This "RM-1" district shall be considered inactive as of the date of the ordinance from which this paragraph is derived [May 26, 2020] and, as such, no new applications for an "RM-1" zoning shall be accepted or considered by the city following said date.

(Code 1963, Ch. 9, art. 2, § 6-A-1; Ord. No. 20-024, § I, 5-26-20)

The height regulations for the district "RM-1" residential modular home single-family district shall be the same as provided for the "R-1" district.

(Code 1963, Ch. 9, art. 2, § 6-A-2)

The area regulations for the district "RM-1" residential modular home single-family district shall be the same as provided for the "R-1" district.

(Code 1963, Ch. 9, art. 2, § 6-A-3)

The parking regulations for the district "RM-1" residential modular home single-family district shall be the same as provided for the "R-1" district.

(Code 1963, Ch. 9, art. 2, § 6-A-4 [Ord. No. 75-25, § 1, 8-12-75])

The regulations set forth in this division, or set forth elsewhere in this Ordinance when referred to in this division, are the regulations in the "RT-1" residential townhouse single-family district. The district "RT-1" is established to provide for the development of single-family attached dwelling units along with other uses which are associated with single-family uses e.g., schools, churches, parks, etc. This zoning district permits medium density residential uses and it is a logical transition from nonresidential to residential zoning districts and encourages infill development where adequate public facilities already exist making use of developable lots.

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

Common area shall mean private property owned in common by, and designated for the private use of, the owners or occupants of townhouses in a particular project or subdivision. Common area uses include, but are not limited to, recreation areas, parks and plazas, ornamental areas open to the general view within the project or subdivision, and building setbacks not otherwise required by ordinance. The common area does not include public streets, alleys, required building setbacks or utility easements.

Dwelling unit shall mean a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Open Space shall mean property under public or private ownership which is or used for parks, recreation, conservation, preservation of native habitat and other natural resources, surface water impoundment, historic, or scenic purposes. Impervious surfaces are not permitted.

Townhouse shall mean one (1) single-family dwelling unit within a group of three or more dwelling units in which each dwelling unit extends from foundation to roof and with open space on at least two sides and attached to another dwelling unit on a least one side.

Townhouse group shall mean three to five townhouses. No dwelling unit shall be located over another dwelling unit and there shall be no visible separation between walls or roofs of adjoining units. Each dwelling unit shall be separated from other units by one or more vertical common firewalls.

Cross reference— Definitions and rules of construction generally, § 1-2.

All buildings and premises located in the district "RT-1" residential townhouse single-family district shall be limited to townhouse development and accessory buildings and uses as described in section 31-186.

(Code 1963, Ch. 9, art. 2, § 6-B-1)

No townhouse in a district "RT-1" residential townhouse single-family district shall be less than two stories with a maximum height of thirty-five (35) feet.

(Code 1963, Ch. 9, art. 2, § 6-B-4)

The area regulations for the district "RT-1" residential townhouse single-family district shall be as follows:

(1)

Townhouse group:

a.

No townhouse group shall exceed two hundred (200) feet in length.

b.

There shall be not less than fifteen (15) feet of separation between each townhouse group within a townhouse subdivision.

(2)

Lot requirements:

a.

Each townhouse shall be constructed on an individually platted lot.

b.

Each townhouse lot shall have a lot area of not less than two thousand five hundred (2,500) square feet.

c.

Each townhouse lot shall have a width of not less than twenty four (24) feet.

d.

Each lot shall contain a private yard with not less than four hundred (400) square feet of area. Parking areas shall not be included in the computation of the required private yard area. A wall or solid fence not less than six (6) feet in height shall be required on side lot lines where the required private yard adjoins such lot lines. A private yard may contain a patio cover or roof which does not cover more than twenty-five (25) percent of the private yard.

e.

Front yard:

1.

The front yard/setback requirement shall be fifteen (15) feet and a front loading garage shall be set back from the property line not less than twenty (20) feet. Carports shall not be permitted in the front yard.

2.

In no case shall the required front yard of any townhouse be less than any required front yard on the same side of the street between intersecting streets.

f.

Side yard:

1.

There shall be not less than fifteen (15) feet of side yard provided at the side property line of any townhouse subdivision.

2.

A side yard adjacent to a side street shall not be less than fifteen (15) feet.

g.

Rear yard:

1.

There shall be a rear yard having a depth of not less than twenty (20) feet as measured from the rear property line.

2.

Garages or carports having direct access to a rear alley or common driveway shall be set back from the rear lot line not less than twenty (20) feet.

(Code 1963, Ch. 9, art. 2, § 6-B-3)

The parking regulations for the district "RT-1" residential townhouse single-family district shall be as follows:

(1)

Two (2) off-street parking spaces shall be provided for each townhouse.

a.

Resident parking spaces shall be provided in the front or rear of each unit. The spaces shall be in the unit's garage, carport, and/or driveway.

There shall be minimum visitor parking of one-half (0.50) space per unit. Visitor parking shall be provided in a rear surface parking area and accessed via an auto court, or private drive separate from the street, and integral to the overall development. Any fraction thereof shall be rounded up to the next whole number.

(2)

The width of driveways located in the front yard of townhouse lots shall not exceed fifty (50) percent of the width of the respective lots.

(3)

One-way common drives shall be not less than ten (10) feet in width, and two-way common driveways shall not be less than twenty (20) feet in width.

Editor's note— Ord. No. 20-038, § I, adopted August 18, 2020, repealed § 31-222 which pertained to landscaping regulations and derived from the Code of 1963, Ch. 9, art. 2, § 6-B-5; Ord. No. 76-15, § 2, adopted March 23, 1976; Ord. No. 14-010, Art. IV, Div. 6, adopted Feb. 25, 2014; and Ord. No. 19-040, § I, adopted Sept. 10, 2019.

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

(1)

Any use permitted in district "R-1."

(2)

Two-family dwellings.

(Code 1963, Ch. 9, art. 2, § 7-1; Ord. No. 99-70, § I, 9-14-99; Ord. No. 05-69, § I, 9-13-05)

The height regulations for the district "R-2" two-family residential district shall be the same as provided for the "R-1" district.

(Code 1963, Ch. 9, art. 2, § 7-2; Ord. No. 99-70, § I, 9-14-99)

(a)

Size of yards. The yards in the district "R-2" two-family residential district shall conform to the following:

(1)

Front yard. Same as district "R-1."

(2)

Side yard. There shall be a side yard on each side of the lot having a width of not less than seven (7) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. No side yard for allowable nonresidential uses shall be less than twenty-five (25) feet.

(3)

Rear yard. Same as district "R-1."

(b)

Size of lot. The lot requirements for the district "R-2" two-family residential district shall be as follows:

(1)

Lot area. No building containing two (2) dwelling units shall be constructed on any lot of less than seven thousand (7,000) square feet.

(2)

Lot width. The width of the lot shall not be less than sixty (60) feet at the front street building line, nor shall its average width be less than sixty (60) feet.

(3)

Lot depth. The average depth of the lot shall not be less than one hundred ten (110) feet, except that a corner lot, having a minimum width of not less than eighty (80) feet, may have an average depth of less than one hundred ten (110) feet provided that the minimum depth is no less than eighty (80) feet.

(4)

Exception. Where a lot having less area, width and/or depth than herein required existed and/or was included on a filed plat prior to the effective date of the ordinance from which this chapter was derived, the above regulations shall not prohibit the erection of a two-family dwelling on a lot containing less than seven thousand (7,000) square feet, provided the property owner cannot replat adjacent abutting land to meet these new lot restrictions and yard regulations are complied with.

(Code 1963, Ch. 9, art. 2, § 7-3; Ord. No. 99-70, § I, 9-14-99)

Off-street parking spaces shall be provided in a district "R-2" two-family residential district in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 7-4; Ord. No. 99-70, § I, 9-14-99)

(a)

Uses. A building or premises in an "R-3" multifamily residential district shall be used only for the following purposes:

(1)

Any use permitted in district "R-2."

(2)

Multifamily dwellings.

(3)

Boarding and lodging houses.

(4)

Dormitories for students.

(5)

Fraternity or sorority houses.

(6)

Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.

(7)

Accessory buildings and uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business.

(b)

Inactive district. All properties with an R-3 district zoning in effect prior to the effective date of the ordinance from which this paragraph is derived shall continue to be allowed to be used for the uses provided in this section, and regulated by the provisions of this section, until such time as the property is rezoned by action initiated by the property owner or by the city. This R-3 district shall be considered inactive as of the date of the ordinance from which this paragraph is derived [February 9, 2010] and, as such, no new applications for an R-3 zoning shall be accepted or considered by the city following said date.

(Code 1963, Ch. 9, art. 2, § 8-1; Ord. No. 99-70, § II, 9-14-99; Ord. No. 10-003, § II, 2-9-10)

The height regulations for the district "R-3" multifamily residential district shall be as required by the Standard Building Code.

(Code 1963, Ch. 9, art. 2, § 8-2; Ord. No. 99-70, § II, 9-14-99)

(a)

Size of yards. The yards in the district "R-3" multifamily residential district shall conform to the following:

(1)

Front yard. Same as district "R-1."

(2)

Side yard. There shall be a side yard on each side of the lot having a width of not less than five (5) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. No side yard for allowable nonresidential uses shall be less than fifteen (15) feet. Lots used for single-family and two-family residential uses shall conform to district "R-1."

(3)

Rear yard.

(a)

Single and two family residential same as district "R-1."

(b)

Other use. Ten (10) feet, except when the lot abuts any more restrictive residential district a minimum of twenty-five (25) feet shall be provided.

(b)

Size of lot. The lot requirements for the district "R-3" multifamily residential district shall be as follows:

(1)

Lot area. No building shall be constructed on any lot of less than seven thousand (7,000) square feet, save and except on lots platted and approved prior to the passage of this chapter. Size of building will be governed by off-street parking requirements and yard requirements. In no case shall more than 40% of the total lot area be covered by building(s).

(2)

Lot width. The width of the lot shall not be less than sixty (60) feet at the front street building line, nor shall its average width be less than sixty (60) feet.

(3)

Lot depth. The average depth of the lot shall not be less than one hundred (100) feet, except that a corner lot, having a minimum width of not less than eighty (80) feet, may have an average depth of less than one hundred (100) feet provided that the minimum depth is no less than eighty (80) feet.

(4)

Existing lots. Where a lot having less area, width and/or depth than herein required existed upon the effective date of the ordinance from which this chapter is derived, the above regulations shall not prohibit the erection of a dwelling thereon, provided yard regulations are complied with.

(c)

Single-family and two-family residential lots. Lots used for single-family and two-family residential uses shall conform to all the area regulations for district "R-1" or "R-2" as appropriate.

(Code 1963, Ch. 9, art. 2, § 8-3 [Ord. No. 83-33, § 4, 6-14-83; Ord. No. 83-38, § 5, 7-12-83]; Ord. No. 99-70, § II, 9-14-99; Ord. No. 05-69, § II, 9-13-05)

Off-street parking spaces shall be provided in the district "R-3" multifamily residential district in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter; provided however, that required front yard may be used for parking and maneuvering area. Where a lot existed on a filed plat prior to the effective date of the ordinance from which this chapter was derived, the parking regulations established by the ordinance shall not be mandatory provided that there is insufficient space for the required parking spaces within the 60% of the lot not occupied by buildings. In no case, shall less than 1-1/3 parking spaces be provided per dwelling lot.

(Code 1963, Ch. 9, art. 2, § 8-4 [Ord. No. 70-52, § 3, 8-28-70]; Ord. No. 99-70, § II, 9-14-99; Ord. No. 02-48, § III, 9-24-02)

When property zoned R-3 abuts property zoned for any single-family or two-family use, the property owner of the R-3 zoned property shall erect and be responsible for the maintenance of a screening device along the common property line between such R-3 zoned property and such more restrictively zoned property in accordance with section 31-280.

(Code 1963, Ch. 9, art. 2, § 8-5 [Ord. No. 74-25, § 1, 5-28-74]; Ord. No. 99-70, § II, 9-14-99; Ord. No. 24-039, § I, 9-17-24)

(a)

Uses. A building or premises in an R-3F multifamily residential district shall be used only for the following purposes:

(1)

All uses allowed in section 31-231.

(2)

Multifamily structures containing three (3) or four (4) separate dwelling units.

(3)

Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.

(4)

Accessory buildings and uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business.

(b)

Planned unit development required. Rezoning applications under this division shall be subject to the requirements of 31-256.9 of division 8B of this article, if applicable.

(Ord. No. 10-003, § III, 2-9-10; Ord. No. 20-024, § I, 5-26-20; Ord. No. 23-028, § I, 4-11-23)

(a)

No building or structure in an R-3F district shall exceed thirty-five (35) feet in height.

(b)

The height of the building or structure is restricted to thirty-five (35) feet. Cooling towers, roof gables, chimneys, vent stacks, water stand pipes and tanks, church steeples, domes and spires, and school buildings may extend for an additional height not to exceed forty-five (45) feet above the average grade line of the building.

(Ord. No. 10-003, § III, 2-9-10)

(a)

Size of yards. The yards in the R-3F district shall conform to the following:

(1)

Front yard. There shall be a front yard having a minimum depth of twenty-five (25) feet. No parking, storage or similar use shall be allowed in required front yards.

(2)

Side yard. A minimum side yard of seven and a half (7.5) feet shall be provided. If the building or structure sides on a public street, then the setback shall be fifteen (15) feet. No storage or similar use shall be allowed in required side yards.

(3)

Rear yard. A minimum rear yard of twenty (20) feet shall be provided, except when the lot abuts property with a more restrictive zoning (A-R1, R-1, SF-2, RM-1, RT-1, or R-2), a minimum of twenty-five (25) feet shall be provided. No storage or similar use shall be allowed in required rear yards.

(b)

Size of lots. The lot requirements for the R-3F district shall be as follows:

(1)

Lot area. The lot area shall be ten thousand (10,000) square feet or larger.

(2)

Lot width. The width of the lot shall not be less than seventy (70) feet at the front street building line, nor shall its average width be less than seventy (70) feet.

(3)

Lot depth. The average depth of the lot shall not be less than one hundred (100) feet.

(Ord. No. 10-003, § III, 2-9-10)

(a)

The same front elevation may not be used within a grouping of five (5) lots. Variation in elevations shall include a minimum of three (3) of the following elements:

(1)

Variation in color and materials;

(2)

Banding/wall plane projections or recesses having a depth of at least one (1) inch and at least one (1) foot in width for a one (1) story building, and two (2) feet in width for a two (2) story building (or a combination of two (2) one (1) foot wide strips);

(3)

Canopies projecting a minimum of four (4) feet from the plane of the primary facade walls;

(4)

Windows and doors different in size, location and/or shape;

(5)

Changes in rooflines.

(b)

Windows shall be provided with trim or recesses, rather than flush with the wall.

(Ord. No. 10-003, § III, 2-9-10; Ord. No. 19-040, § I, 9-10-19)

Editor's note— Ord. No. 20-038, § I, adopted August 18, 2020, repealed § 31-255.5 which pertained to landscaping and derived from Ord. No. 10-003, § III, adopted Feb. 9, 2010.

Off street parking spaces shall be provided in the R-3F district in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter, provided however, that required side and rear yards may be used for parking and maneuvering area. Contiguous parking lots shall not allow for uninterrupted vehicular movement in order to prevent raceway effect.

(Ord. No. 10-003, § III, 2-9-10)

When property zoned R-3F abuts property zoned for any single-family or two-family use, the property owner of the R-3F zoned property shall erect and be responsible for the maintenance of a screening device along the common property line between the R-3F zoned property and such more restrictively zoned property in accordance with section 31-280.

(Ord. No. 10-003, § III, 2-9-10; Ord. No. 24-039, § I, 9-17-24)

(a)

Uses. A building or premises in an R-3A multifamily apartment residential district shall be used only for the following purposes:

(1)

Any use permitted in the R-1 or R-2 districts.

(2)

Apartment complexes.

(3)

Boarding and lodging houses.

(4)

Fraternity or sorority houses.

(5)

Dormitories for educational or employment purposes as a primary use.

(6)

Any group housing activity not otherwise identified in another multifamily or business district.

(7)

Accessory buildings and uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business.

(8)

Emergency shelter for persons experiencing homelessness.

(9)

Transitional housing.

(10)

Permanent supportive housing.

(b)

Planned unit development required. Rezoning applications requesting zoning under this division shall be subject to the requirements of 31-256.9 of this division, if applicable.

(Ord. No. 10-003, § IV, 2-9-10; Ord. No. 20-024, § I, 5-26-20; Ord. No. 22-052, § I, 7-12-22)

The height of any building or structure in this district shall not exceed thirty five (35) feet except by providing an additional one (1) foot to every applicable setback distance as provided under section 31-256.3 for each two (2) feet of additional building or structure height over thirty-five (35) feet.

(Ord. No. 10-003, § IV, 2-9-10)

(a)

Size of yards. The minimum yards in the R-3A district shall conform to the following:

(1)

Front yard. Same as the R-3F district.

(2)

Side yard. Same as the R-3F district.

(3)

Rear yard. Twenty five (25) feet.

(b)

Size of lot. The lot requirements for the R-3A district shall be as follows:

(1)

Lot area. The minimum lot area shall be one-half (½) acre. For developments larger than one-half (½) acre the minimum land area per dwelling unit shall not be less than two thousand five hundred (2500) square feet.

(2)

Lot width. The width of the lot shall not be less than eighty (80) feet at the front street building line, nor shall its average width be less than eighty (80) feet.

(Ord. No. 10-003, § IV, 2-9-10)

(a)

The same front elevation may not be used within a grouping of five (5) lots. Variation in elevations shall include a minimum of three (3) of the following elements:

(1)

Variation in color and materials;

(2)

Banding/wall plane projections or recesses having a depth of at least one (1) inch and at least one (1) foot in width for a one (1) story building, and two (2) feet in width for a two (2) story building (or a combination of two (2) one (1) foot wide strips);

(3)

Canopies projecting a minimum of four (4) feet from the plane of the primary facade walls;

(4)

Windows and doors different in size, location and/or shape;

(5)

Changes in rooflines.

(b)

Windows shall be provided with trim or recesses, not flush with the wall.

(Ord. No. 10-003, § IV, 2-9-10; Ord. No. 19-040, § I, 9-10-19)

Editor's note— Ord. No. 20-038, § I, adopted August 18, 2020, repealed § 31-256.5 which pertained to landscaping and derived from Ord. No. 10-003, § IV, adopted Feb. 9, 2010.

Off-street parking spaces shall be provided in the R-3A district in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter provided, however, that required side and rear yards may be used for parking and maneuvering area. Contiguous parking lots shall not allow for uninterrupted vehicular movement in order to prevent raceway effect.

(Ord. No. 10-003, § IV, 2-9-10)

When property zoned R-3A abuts property zoned for any single-family or two-family use, the property owner of the R-3A zoned property shall erect and be responsible for the maintenance of a screening device along the common property line between the R-3A zoned property and such more restrictively zoned property in accordance with section 31-280.

(Ord. No. 10-003, § IV, 2-9-10; Ord. No. 24-039, § I, 9-17-24)

(a)

A planned unit development (PUD) as provided in chapter 31, article V, division 8, Killeen code of ordinances shall be required for any request for an R-3F and/or R-3A district when the total acreage of the request is greater than five (5) acres. The purpose for requiring a PUD is to provide the planning and zoning commission and the city council with the ability to determine the proposed development's impact on surrounding properties, existing infrastructure and open/recreational space and also to determine whether additional public improvements to serve denser multifamily development are necessary to promote the health, safety and welfare of the development's residents.

(b)

Properties are considered adjacent and subject to the computation of this section if they are continuously zoned for multifamily and/or two family residential use regardless of ownership, property lines, easements or rights-of-way.

(c)

The applicant shall provide any public infrastructure beyond the city's minimum development standards that is required to service the proposed development, including open/recreational space and oversized water, sewer and drainage facilities and greater street widths.

(d)

The applicant is responsible for determining whether or not a PUD is required. However, if the director of planning and development services determines at any time that a PUD is required and one was not submitted the applicant shall be informed in writing and they shall either modify their application to include the PUD or withdraw the application and have all associated application fee(s) returned.

(Ord. No. 10-003, § IV, 2-9-10; Ord. No. 22-078, § I, 10-25-22)

(a)

No building or premises in the district "R-MP" mobile home district shall be used and no buildings shall be hereafter erected, reconstructed, altered, or enlarged, nor shall a certificate of occupancy be issued, except for the following uses:

(1)

Mobile home, conforming to the current ordinance regulating same, either:

a.

As a part of a mobile home park; or

b.

Provided, however, that mobile trailer parks in existence on the date of the ordinance from which this section is derived with proper zoning and current mobile trailer park permits shall hereinafter be designated "R-MP" mobile home district. All other mobile trailer parks shall be considered nonconforming.

(2)

Accessory buildings and structures incidental to the above uses, including community center, swimming pools, etc.

(3)

Installations owned and operated by the city, the county, the state or public utility companies, which installations are necessary for the public safety, governmental services, or the furnishing of utility services to or through the "R-MP" district.

(4)

All uses allowed in section 31-186, including those defined as home occupation uses.

(b)

Provided, however, that mobile trailer parks in existence on the date of the ordinance from which this section is derived with proper zoning and current mobile trailer park permits shall hereinafter be designated as "R-MP" mobile home district. All other mobile trailer parks shall be considered nonconforming.

(Code 1963, Ch. 9, art. 2, § 9-1; Ord. No. 96-63, § III, 8-13-96; Ord. No. 20-024, § I, 5-26-20)

The height regulations for the district "R-MP" mobile home district shall be the same as for the "R-3" district.

(Code 1963, Ch. 9, art. 2, § 9-2)

(a)

Size of yards. The yards in the district "R-MP" mobile home district shall be as follows:

(1)

Front yard. The minimum front setback shall be twenty-five (25) feet from front property line of park.

(2)

Rear yard. The minimum setback shall be ten (10) feet from rear property line of the park, except when such property abuts an R-1 district a minimum of twenty-five (25) feet rear yard shall be provided.

(3)

Side yard. The minimum side yard setback shall be ten (10) feet from the side property line of the park.

(b)

Size of lots. The size of lots in the district "R-MP" mobile home district shall be as provided in chapter 17, article II, division 3 of this code.

(Code 1963, Ch. 9, art. 2, §§ 9-3, 9-4; Ord. No. 96-63, § III, 8-13-96)

Off-street parking spaces shall be provided in the district "R-MP" mobile home district in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 9-5 [Ord. No. 70-52, § 3, 8-28-70]; Ord. No. 96-63, § III, 8-13-96)

The intent of this district is to allow for the construction of a subdivision within the city which is to be developed with manufactured housing exclusively. The subdivision so developed will, in all aspects possible, conform to the criteria of the single family residential district, to include, but not limited to, all necessary public infrastructure, i.e., public streets, sidewalks, public utility and drainage systems.

(Ord. No. 96-63, § III, 8-13-96)

(a)

No building or premises in the district "R-MS" manufactured housing district shall be used and no buildings shall be hereafter erected, reconstructed, altered, or enlarged, nor shall a certificate of occupancy be issued, except for the following uses:

(1)

Manufactured housing, as defined herein, as part of a manufactured home subdivision, for occupancy as a single-family home, shown on a subdivision plat approved by the commission and city council and filed for record, designed specifically for and restricted to a manufactured home development.

(2)

Installations owned and operated by the city, the county, the state or public utility companies, which installations are necessary for the public safety, governmental services, or the furnishing of utility services to or through the "R-MS" district.

(Ord. No. 96-63, § III, 8-13-96)

(a)

Area requirements.

(1)

Project size. All projects for development in this district must contain a minimum of five (5) acres of property. No subdivision proposed for this district may contain less than ten (10) individual lots.

(Ord. No. 96-63, § III, 8-13-96)

No building in the district "R-MS" manufactured housing district shall exceed thirty-five (35') feet or two and one-half (2½) stories in height.

(Ord. No. 96-63, § III, 8-13-96)

(a)

Size of yards. The yards in the district "R-MS" manufactured housing district shall be as follows:

(1)

Front yard. There shall be front yard having a depth of not less than twenty (20') feet. Where lots have double frontage running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Rear yard. There shall be a rear yard having a depth of not less than twenty (20') feet.

(3)

Side yard. Residences located in this district shall have a minimum side yard of seven (7') feet.

(b)

Size of lots. The size of lots in the district "R-MS" manufactured housing district shall be as follows:

(1)

Lot width. The minimum lot width in the district shall be fifty (50') feet.

(2)

Area. The minimum lot area in this district shall be five thousand (5,000') square feet.

(Ord. No. 96-63, § III, 8-13-96)

(a)

All manufactured housing placed in this district shall be permanently placed on a foundation approved and inspected under the provisions of chapter 8 of the City Code, with all equipment utilized for moving the manufactured housing being removed from the structure.

(b)

All manufactured housing placed in this district shall be provided with appropriate skirting and/or foundation shielding as directed in chapter 8 of the City Code.

(Ord. No. 96-63, § III, 8-13-96)

Off-street parking spaces shall be provided in the district "R-MS" manufactured housing district in accordance with the provisions for the specific use set forth in article V, division 3 of this Code.

(Ord. No. 96-63, § III, 8-13-96)

[Use regulations are as follows:]

(1)

Uses customarily incidental to the primary use, as hereinafter provided, subject to the special conditions contained in subsection 31-276(2).

a.

Physical therapy clinic.

b.

Chemical or x-ray laboratory.

c.

Dispensing optician.

d.

Dispensing apothecary.

e.

Dental laboratory.

f.

Multifamily residential, provided that such development provides for at least three (3) dwelling units per building and is not located within one thousand (1,000) feet of an existing heavy industrial use, or within three thousand (3,000) feet of an airport or military base.

g.

Mixed-use residential, as defined by V.T.C.A., Local Government Code § 218.001, provided that such development shall be vertical mixed-use comprised of residential and nonresidential uses in the same building on the same lot and is not located within one thousand (1,000) feet of an existing heavy industrial use, or within three thousand (3,000) feet of an airport or military base.

(2)

Buildings may be used for one (1) or more of the uses prescribed in subsection 31-276(1) only under the following conditions:

a.

The total area of a professional building devoted to any single incidental use shall not exceed fifteen (15) percent of the gross floor area of the building.

b.

The total area of a professional building devoted to incidental uses in the aggregate shall not exceed twenty-five (25) percent of the gross floor area of the building.

c.

Public access to such incidental uses shall be from the interior of the building.

d.

No parking space shall occupy any part of the required front yard, except as provided in subsection 31-287(a)(1)b.

e.

Sign standards for this district shall apply to both primary and incidental uses.

f.

No building in this district shall be constructed or altered to produce a storefront, show window or display window, and there shall be no merchandise visible from the exterior of the building.

g.

No outside storage shall be permitted in this district.

(3)

Office, general business.

(4)

An on-premises residential use or living quarters may be included in one (1) structure in a commercial land use district when the main use of the structure is commercial, provided both uses are in compliance with appropriate building codes and the proprietor or an employee of the commercial activity is a resident in the living quarters.

(5)

All uses allowed in section 31-186, with the exception of one-family dwellings.

(6)

Studio for photography, interior decoration.

(Code 1963, Ch. 9, art. 2, § 10-1; Ord. No. 99-70, § III, 9-14-99; Ord. No. 05-69, § III, 9-13-05; Ord. No. 06-11, § I, 1-24-06; Ord. No. 16-001, § I, 1-12-16; Ord. No. 25-046, § I, 8-19-25)

The height regulations in the district "B-1" professional business district shall be as required by the Standard Building Code.

(Code 1963, Ch. 9, art. 2, § 10-2; Ord. No. 99-70, § III, 9-14-99)

(a)

Size of yards. The size of yards in the district "B-1" professional business district shall be as follows:

(1)

Front yard. There shall be a front yard having a minimum depth of twenty-five (25) feet. No parking, storage or similar use shall be allowed in required front yards in district "B-1," except that automobile parking will be permitted in such yards in accordance with off-street parking requirements.

(2)

Side yard. A side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a side street. A side yard of not less than ten (10) feet in width shall be provided on the side of a lot adjoining any "R" zoned residential district. Otherwise, no side yard is required. No parking, storage, or similar use shall be allowed in any required side yard or in any required side street yard adjoining any "R" zoned residential district, except automobile parking in accordance with off-street parking requirements. The required side yard setback adjacent to a street shall not be required, provided all of the following conditions are met:

a.

The subject property is included in the area of the City of Killeen identified as special parking district "A," described as an area bounded by the innermost rights-of-way or straight line extensions of the rights-of-way of Avenue G, Park Street, Green Avenue, and 12 ^th Street.

b.

The proposed construction is the rebuilding or repair of an existing structure, the proposed structure is not enlarged beyond the dimensions of the existing foundation, and the proposed structure is to be constructed on the existing building foundation.

c.

Any new construction, other than that described in subsection (b) above, shall maintain a side yard setback adjacent to a street not less than the side yard setback provided by the existing structures on the block in which the subject property is located.

d.

Notwithstanding subsections (a) through (c), no construction will be permitted:

1.

in conflict with section 28-241, as amended;

2.

in conflict with the city's thoroughfare plan, as amended, in effect at the time of construction; or

3.

which encroaches into the city's right-of-way.

(3)

Rear yard. No rear yard is required except that a rear yard of not less than ten (10) feet in depth shall be provided upon that portion of a lot abutting or across a rear street from any "R" zoned residential district.

(b)

Size of lot. There are no limitations to the size of lots in the district "B-1" professional business district.

(Code 1963, Ch. 9, art. 2, § 10-3; Ord. No. 82-76; Ord. No. 90-95, § I, 9-25-90; Ord. No. 93-102, § IV, 11-9-93; Ord. No. 99-70, § III, 9-14-99; Ord. No. 05-69, § III, 9-13-05; Ord. No. 16-001, § I, 1-12-16)

Off-street parking and loading spaces shall be provided in the district "B-1" professional business district in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 10-4; Ord. No. 99-70, § III, 9-14-99)

(a)

Definition. For the purposes of this chapter, the phrase "screening device" shall have the meaning as defined in section 31-2.

(b)

When required. A screening device shall be erected before any use of the property when such property abuts property zoned for residential use. Such screening device shall be erected along the entire length of the common property line between the nonresidential property and the abutting residentially zoned property. In instances where nonresidential property abuts a drainage easement or other undevelopable property, the screening device requirement may be waived by the executive director of development services director or designee.

(c)

Responsibility to erect. When a screening device is required under the terms of this section, it shall be the responsibility of the user of the property to erect the required screening device, and the same shall be a condition precedent to the issuance of a certificate of occupancy for the premises on which the device is located.

(d)

Maintenance. All screening devices shall be perpetually maintained by the user of the property on which the device is located.

(e)

A screening device shall be eight (8) feet in height, exclusive of caps on fence posts or pilasters.

(f)

The finished side of all screening devices required in accordance with this section shall face away from the property requiring it.

(Code 1963, Ch. 9, art. 2, § 10-6; Ord. No. 70-52, § 3, 8-28-70; Ord. No. 99-70, § III, 9-14-99; Ord. No. 24-039, § I, 9-17-24)

A building or premises in the district "B-2" local retail district shall be less than five thousand (5,000) square feet in leasable area and used only for the following purposes:

(1)

Any use permitted in district "B-1" or "B-DC."

(2)

Appliance (household) sales.

(3)

Bakery shop (retail sales only).

(4)

Personal services establishments.

(5)

Construction field office and yard: on the job site; for duration of construction only.

(6)

Day care center.

(7)

Custom personal service shops, such as a health studio (to include massage establishments as defined in V.T.C.A., Occupations Code ch. 455, as amended), answering service, typing service, tailor, employment agency, FM piped music, income tax service, letter or mailing service, marriage counselor, secretarial service or shoe repair.

(8)

Drugstore or pharmacy.

(9)

Electric utility substation.

(10)

Florist (retail): retail sales of flowers and small plants. No flower or plant raising or outside display or storage.

(11)

Grocery store (drive-in).

(12)

Bank, savings and loan or other financial institution.

(13)

Registered public surveyor.

(14)

Restaurant, coffee shop or café (no drive-in service).

(15)

Retail stores, (other than listed): offering all types of personal consumer goods for retail sales.

(16)

Fine arts instruction, or sale of art objects.

(17)

Lodges and fraternal organizations with less than five thousand (5,000) square feet of leasable space.

(18)

Drop-in care centers.

(Code 1963, Ch. 9, art. 2, § 10-A-1; Ord. No. 88-115, § II, 12-13-88; Ord. No. 92-20, § II, 5-12-92; Ord. No. 99-70, § IV, 9-14-99; Ord. No. 04-87, § II, 10-19-04; Ord. No. 16-001, § I, 1-12-16; Ord. No. 20-024, § I, 5-26-20)

The height regulations in the district "B-2" local retail district shall be as required by the Standard Building Code.

(Code 1963, Ch. 9, art. 2, § 10-A-2; Ord. No. 99-70, § IV, 9-14-99)

(a)

Size of yards. The yards in the district "B-2" local retail district shall be as follows:

(1)

Front yard: Where all the frontage on both sides of the street between two (2) intersecting streets is located in district "B-2," "B-3," "B-4" or "B-5," no front yard is required. Where the frontage on one (1) side of the street between two (2) intersecting streets is located partly in districts "B-2," "B-3," "B-4" and "B-5," and partly in an "R" district, the front yard shall conform to the "R" district regulations for a distance of not less than three hundred (300) feet from the district boundary. Where a front yard is required along the frontage on one (1) side of a street, the front yard requirements of the property directly opposite on the other side of the street shall not be less than fifteen (15) feet, except that such yard requirements shall not apply where the property in the "R" district backs up to the street. No parking, storage or similar use shall be allowed in required front yards in districts "B-2," "B-3," "B-4" and "B-5," except automobile parking in accordance with off-street parking requirements.

(2)

Side yards: Same as district "B-1."

(3)

Rear yard. Same as district "B-1."

(b)

Size of lot. There are no minimum lot area or width requirements in district "B-2" local retail district.

(c)

Lot coverage. There are no lot coverage limitations in the district "B-2" local retail district.

(Code 1963, Ch. 9, art. 2, § 10-A-3; Ord. No. 99-70, § IV, 9-14-99; Ord. No. 05-69, § IV, 9-13-05)

Off-street parking and loading spaces in the district "B-2" local retail district shall be provided in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 10-A-4; Ord. No. 99-70, § IV, 9-14-99)

The screening device requirements in the district "B-2" local retail district shall be the same as required in the "B-1" district.

(Code 1963, Ch. 9, art. 2, § 10-A-5 [Ord. No. 70-52, § 3, 8-28-70; Ord. No. 86-23, § 4, 4-22-86]; Ord. No. 99-70, § IV, 9-14-99)

A building or premises in the district "B-3" local business district shall be used only for the following purposes:

(1)

Any use permitted in the "B-2" district.

(2)

Bakery or confectionery, wholesale.

(3)

Day camp.

(4)

Hospital, nursing home, or assisted living facility.

(5)

Mortuary or funeral chapel excluding cremation services.

(6)

Appliance (household) sales and repair service.

(7)

Bakery or confectionery: engaged in preparation, baking, cooking and selling of products at retail on the premises, with six (6) or less employees.

(8)

Boat and accessory sales, rental and service.

(9)

Bowling alleys.

(10)

Oil/lube station.

(11)

Cleaning, pressing and dyeing: with six (6) or less employees.

(12)

Florist, garden shop, greenhouse or nursery office (retail): no growing of plants, shrubs or trees out-of-doors on premises; no outside display or storage unless behind the required front yard or the actual setback of the principal building, whichever is greater.

(13)

General food products, retail sales, such as supermarkets, butcher shops, dairy stores, seafood sales or health food sales.

(14)

Cafeteria or catering service.

(15)

Marine supplies, sales and service.

(16)

Lodges or fraternal organizations with greater than five thousand (5,000) square feet of leasable space.

(17)

Restaurant or café permitted to offer alcoholic beverages for sale operating under the rules and regulations promulgated by the Texas Alcoholic Beverage Commission, as amended, all of which are adopted hereby and made a part hereof for all purposes. No restaurant will be permitted to dispense any type of alcoholic beverage through any "drive-through" facility or window.

(18)

Tennis or swim club.

(19)

Small animal clinic, pet grooming shop and/or inside kennel and boarding. No cremation or outside kennels.

(20)

Hotel or motel.

(21)

Retail uses and businesses of all sizes to include secondhand goods and antiques with no outside storage or display of second hand goods.

(22)

Gasoline service station, auto laundry or car wash.

(23)

Auto parts sales, new, at retail.

(24)

A customarily incidental use: sale of beer and/or wine only for off-premises consumption only shall be considered a customarily incidental use in this district, but not in any residential district or any more restrictive business district.

(25)

Theaters of general release.

(26)

Mini/self-storage facilities: a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the storage of customer's goods or wares. No outside storage, sales, service, or repair activities, other than the rental of storage units shall be permitted on-premises.

(27)

Storage warehouse with leasable space of less than twenty-five thousand (25,000) square feet.

(Ord. No. 16-001, § I, 1-12-16; Ord. No. 20-024, § I, 5-26-20)

(a)

During any consecutive twelve-month period, a restaurant shall not obtain more than fifty (50) percent of its gross receipts from the on-premises sale of alcoholic beverages. In conjunction with renewal of TABC licensing, it shall be required to provide the most recent comptroller's certification of sales receipts to the planning and development services department prior to the city's approval of the permit renewal.

(b)

Restaurants may not be within three hundred (300) feet of a church, public or private school or public or private hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, or public or private hospital shall be as prescribed by the V.T.C.A., Alcoholic Beverage Code § 109.33, as amended.

(Code 1963, Ch. 9, art. 2, § 10-B-1 [Ord. No. 76-46, § 3, 8-10-76]; Ord. No. 88-115, § III, 12-13-88; Ord. No. 96-80, § III, 11-12-96; Ord. No. 99-29, § II, 4-13-99; Ord No. 14-021, 3-11-14)

The height regulations in the district "B-3" local business district shall be the same as district "B-2."

(Code 1963, Ch. 9, art. 2, § 10-B-2)

The area regulations in the district "B-3" local business district shall be the same as district "B-2."

(Code 1963, Ch. 9, art. 2, § 10-B-3)

Off-street parking and loading spaces in the district "B-3" local business district shall be provided in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 10-B-4)

The screening device requirements in the district "B-3" local business district shall be the same as required in the "B-1" district.

(Code 1963, Ch. 9, art. 2, § 10-B-5 [Ord. No. 70-52, § 3, 8-28-70])

(a)

A building or premises in the "B-3A" local business and retail alcohol sales district shall be used only for the following purposes:

(1)

Any use permitted in the "B-3" district, in accordance with the requirements of this division.

(2)

Package stores to be operated under, and in accordance with, a valid Texas Alcoholic Beverage Commission issued package store permit provided that such establishment:

(a)

complies with all applicable rules and regulations established under the Texas Alcoholic Beverage Code (TABC) and/or promulgated by the Texas Alcoholic Beverage Commission, as amended. Said rules and regulations are hereby adopted and incorporated herein for all purposes; and

(b)

is not located within: three hundred (300') feet of a church, public or private school or public hospital; one thousand (1000') feet of a public school if a request is submitted to city council by the board of trustees of a school district under Section 38.007, Texas Education Code; or one thousand (1000') feet of a private school if a request is submitted to city council by the governing body of the private school. The measurement of the distances shall be as provided under TABC § 109.33 and in accordance with the procedures established by the TABC, as amended, which is hereby adopted and incorporated herein for all purposes. The city council may, however, allow a variance from this distance requirement in accordance with TABC § 109.33(e). The following exemptions to the above-stated distance requirements and expansion of the application of the distance requirements from day-care centers and child-care facilities are provided under the TABC and are hereby adopted to provide:

(i)

The one thousand (1000') public or private school distance extension shall not apply to the holder of: a retail on-premises consumption permit or license if less than fifty (50%) percent of the gross receipts for the establishment is from the sale or service of alcoholic beverages; a retail off-premises consumption permit or license if less than fifty (50%) percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or a wholesaler's, distributor's, brewer's, distiller's and rectifier's, winery, wine bottler's or manufacture's permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in TABC, chapter 102.

(ii)

The one thousand (1000') foot private school distance extension shall not apply to the holder of: a license or permit issued under TABC chapters 27, 31, or 72 who is operating on the premises of the private school; or a license or permit covering an establishment where minors are prohibited from entering under TABC § 109.53 and that is located within one thousand (1000') feet of a private school.

(iii)

The three hundred (300') foot general distance prohibition shall not apply to the holder of: a license or permit who also holds a food and beverage certificate covering an establishment that is located within three hundred (300') of a private school; or a license or permit covering a premises where minors are prohibited from entering under TABC § 109.53 and that is located within three hundred (300') feet of a private school. In this section, "private school" means a private school, including a parochial school that offers a course of instruction for students in one or more grades from kindergarten through grade 12 and has more than one hundred (100) students enrolled and attending courses at a single location.

(iv)

This subsection applies only to a permit or license holder under TABC chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate. Except as provided by this subsection, the provisions of this section 31-311(2) relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by section 42.002, Texas Human Resources Code. However, the one thousand (1000') foot distance extension by request is not available to a day-care center or child-care facility. This subsection does not apply to a permit or license holder who sells alcoholic beverages if: (1) the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or (2) the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building. This subsection does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by section 42.002, Texas Human Resources Code.

(3)

Uses listed in the "B-3A" local business and retail alcohol sales district shall not be incorporated by right into less restrictive zoning districts, including, without limitation, the "B-3", "B-4", or "B-5" districts, but shall be considered to be a stand-alone zoning district, except as provided for in this division.

(b)

Inactive district. All properties with a "B-3A" district zoning in effect prior to the effective date of the ordinance from which this paragraph is derived shall continue to be allowed to be used for the uses provided in this section, and regulated by the provisions of this section, until such time as the property is rezoned by action initiated by the property owner or by the city. This "B-3A" district shall be considered inactive as of the date of the ordinance from which this paragraph is derived [May 26, 2020] and, as such, no new applications for an "B-3A" zoning shall be accepted or considered by the city following said date.

(Ord. No. 10-079, § II, 12-28-10; Ord. No. 20-024, § I, 5-26-20)

The height regulations in the "B-3A" local business and retail alcohol sales district shall be the same as the "B-2" district.

(Ord. No. 10-079, § II, 12-28-10)

The area regulations in the "B-3A" local business and retail alcohol sales district shall be the same as the "B-2" district with the following exceptions:

(1)

the size of the lot upon which the establishment is sited shall not be less than ten-thousand (10,000) square feet; and

(2)

a rear yard set-back of twenty-five (25') feet shall be provided for any lot abutting or located across a rear street from any residential zoned district.

(Ord. No. 10-079, § II, 12-28-10)

Off-street parking and loading spaces in the "B-3A" local business and retail alcohol sales district shall be provided in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Ord. No. 10-079, § II, 12-28-10)

The screening device requirements in the "B-3A" local business and retail alcohol sales district shall be the same as required in the "B-1" district.

(Ord. No. 10-079, § II, 12-28-10)

Editor's note— Ord. No. 19-040, § I, adopted Sept. 10, 2019, repealed § 31-316 which pertained to architectural design requirements and derived from Ord. No. 10-079, § II, adopted Dec. 28, 2010.

The "NBD" neighborhood business district is created to provide for limited commercial uses serving the common and frequent needs of the residents in the immediate vicinity. This district is intended to permit the development of unified shopping centers, whether in single or multiple ownerships.

(Ord. No. 13-037, § I, 5-14-13)

A building or premises in a "NBD" neighborhood business district shall not exceed gross building size of 10,000 square feet and no single leased/owned business area shall exceed 4,000 square feet. This district shall allow all uses within the "B-3" Local Business District with the following exclusions:

(1)

Home for the aged.

(2)

Hospital, nursing home, or assisted living facility.

(3)

Mortuary or funeral chapel.

(4)

Appliance (household) sales and service.

(5)

Boat and accessory sales, rental and service.

(6)

Marine supplies, sales and service.

(7)

Restaurant or café with drive-in or drive-through service.

(8)

Tennis or swim club.

(9)

Hotel or motel.

(10)

Gasoline service station in excess of four (4) pumps, auto laundry or car wash.

(11)

Auto parts sales, new at retail

(12)

Theaters or general release.

(13)

Mini/self-storage facilities

(14)

Outdoor fruits and vegetable sales (farmer's markets)

(15)

Bowling alley.

(16)

Oil/lube service station.

(Ord. No. 13-037, § I, 5-14-13; Ord. No. 20-024, § I, 5-26-20)

No structure shall be erected in a "NBD" neighborhood business district having a height in excess of twenty-five (25) feet.

(Ord. No. 13-037, § I, 5-14-13)

(a)

Size of yards. The size of yards in the "NBD" neighborhood business district shall be as follows:

(1)

Front yards. There shall be a front yard having a depth of not less than twenty-five (25) feet.

(2)

Side yards. There shall be a minimum side yard of thirty feet (30) feet if abutting a residentially zoned property. A side yard adjacent to a non-residential zoned property is zero. A side yard adjacent to a side street shall not be less than twenty-five (25) feet.

(3)

Rear yards. There shall be a rear yard having a depth of not less than thirty (30) feet.

(b)

Size of lot. The size of lots in a "NBD" neighborhood business district shall be as follows:

(1)

Lot area. No building or structure shall be erected on any lot having less than ten thousand (10,000) square feet.

(2)

Lot width. The width of the lot shall not be less than one hundred (100) feet.

(3)

Lot depth. The average depth of the lot shall not be less than one hundred (100) feet.

(Ord. No. 13-037, § I, 5-14-13)

The screening device requirements in the district "NBD" neighborhood business district shall be the same as required in the "B-1" district. (Landscaping and adequate buffers are required and must protect abutting and adjacent residential areas from potential impacts of parking, lighting and undesirable scale of commercial building elements. The required buffer shall be thirty (30) feet when siding or backing on to all residential districts. This may be reduced to twenty (20) feet by planting trees in accordance with the following formula:

A minimum eight 8 feet tall canopy tree shall count for 200 sq ft.

A minimum eight 8 feet tall non-canopy tree shall count for 100 sq ft.

The reduction in buffer area shall be calculated based on total square footage of the additional landscaping.

For example:

Lot dimensions: 100' X 300'

Canopy trees proposed 5

Credit for these trees: 5 X 200 = 1000 sq ft.

Therefore reduction shall be:

1000 sq. ft. divided by 100 (lot width) = 10 ft. and the net buffer required is Gross buffer required minus buffer reduction (30' minus 10' = 20').

No development shall be authorized within the buffer area except for required or permitted landscaping and screening, stormwater detention facilities, and pedestrian walkways. The increased setbacks, which are measured from the property line, shall be required on the property in the higher intensity zoning district, and shall be observed at the time of construction. These buffer requirements are in addition to the screening standards.

(Ord. No. 13-037, § I, 5-14-13)

Signs within the "NBD" neighborhood business district shall be a maximum size of eighty (80) square feet and be constructed as a monument sign or mounted flat against an exterior wall. Signs shall be non-flashing and illuminated from an interior source.

(Ord. No. 13-037, § I, 5-14-13)

The intent of the building design standards is to improve the visual appeal of storefronts and businesses to provide for compatibility with residential neighborhoods and reduce visual and noise impacts on abutting residential areas.

(1)

Windows shall be provided rather than blank walls. Windows shall begin from twelve (12) to thirty six (36) inches above the finished grade of the floor. A minimum of sixty (60%) percent of all glass which faces the street shall be transparent. Window painting or advertising signs are not permitted.

(2)

Exterior walls shall be articulated to reduce the mass and scale of an uniform impersonal appearance of large buildings and to provide visual interest. No uninterrupted length of any facade shall exceed 50 feet and architectural features on exterior walls providing a minimum of three (3) of the following elements

a)

Variation in color and materials;

b)

For walls between 50 feet and up to 100 feet in length wall plane projections or recesses having a depth of at least one (1) foot and extending at least two (2) feet of the length of the facade between projections and recesses;

c)

For walls between 100 and up to 200 feet in length wall plane projections or recesses having a depth of at least two (2) feet and extending at least three (3) feet of the length of the facade between projections and recesses;

d)

For walls greater than 200 feet in length wall plane projections or recesses having a depth of at least two (2) feet and extending at least five (5) feet of the length of the facade between projections and recesses.

e)

Variation of a minimum of two (2) feet in height of parapets. Variation to parapet height may include pilasters and projecting raised entrance features;

f)

Pilasters projecting from the plane of the wall by a minimum of sixteen (16) inches;

g)

Canopies projecting a minimum of six (6) feet from the plane of the primary facade walls;

h)

Banding shall be complimentary to scale with the building (approved by the executive director of planning and development services.

i)

Repetitive ornamentation including decorated applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of forty (40) feet.

j)

The executive director of planning and development services may grant an administrative approval to use materials not listed when the intent of the regulations is met, or when special situations arise regarding the rear of buildings.

(3)

Roof Lines. To provide a visual terminus to the tops of buildings and soften flat roof designs, roof designs must conform to one of the following options:

a)

Roof line with architectural focal point. A roof line focal point refers to a prominent rooftop feature such as a peak, tower, gable, dome, barrel vault or roof line trellis structure.

b)

Roof line variation. The roof line articulated through a variation or step in roof height or detail, such as:

c)

Projecting cornice. Roof line articulated through a variation or step in cornice height or detail. Cornices must be located at or near the top of the wall or parapet.

d)

Articulated parapet. Roof line parapets shall incorporate angled or curved detail elements.

e)

Pitched roof or full mansard. A roof with angled edges, with or without a defined ridgeline and extended eaves.

f)

Rooftop and mechanical equipment shall effectively be screened from view through one or more of the following methods:

1.

A concealing roof line;

2.

A screening wall or grillwork directly surrounding the equipment;

(Ord. No. 13-037, § I, 5-14-13; Ord. No. 19-040, § I, 9-10-19)

(1)

Off-street parking and loading that is required in Sec 31-279 shall be provided for all uses in this zone.

(2)

Parking shall not be located in the rear or side when abutting single family residentially zoned property.

(3)

All outdoor lighting shall comply article V, division 12 of this chapter.

(4)

An access management plan shall be submitted with any plat for subdivision of property or approval of a site plan.

(Ord. No. 13-037, § I, 5-14-13; Ord. No. 24-016, § I, 5-14-24)

A building or premises in the district "B-4" business district shall be used only for the following purposes:

(1)

Any use permitted in the "B-3" district.

(2)

Trailer rental and sales.

(3)

Auto sales. Where the major business is the showroom display and sale of new automobiles by an authorized dealer and used car sales, repair work and storage facilities on the same premises shall be purely incidental; provided, that the area allowed for the repair and storage of cars shall not be nearer than twenty (20) feet from the required front line of the principal building.

(4)

Auto sales. Used cars; no salvage, dismantling or wrecking on premises; no display of vehicles in required front yard; junked vehicles must be placed behind a screening device.

(5)

Commercial parking (public garage or parking lot).

(6)

Auto upholstery or muffler shop.

(7)

Auto repair (garage), with on-site junked vehicles being enclosed within a building.

(8)

Cold storage plant (locker rental).

(9)

Building material or lumber sales (no outside storage).

(10)

Cleaning, pressing and dyeing:

a.

No direct exterior exhaust from cleaning plant permitted.

b.

Dust must be controlled by either bag or filter and separator or precipitator so as to eliminate the exhausting of dust, odor, fumes or noise outside the plant.

(11)

Garden shop, greenhouse or nursery (retail).

(12)

Ballpark, stadium, athletic field (private).

(13)

Philanthropic institutions (not elsewhere listed).

(14)

Cabinet, upholstery, woodworking shop.

(15)

Plumbing, electrical, air conditioning service shop (no outside storage).

(16)

Trade or business school.

(17)

Garment manufacturing in a space of four thousand (4,000) square feet or less, with all loading and unloading off-street.

(18)

Halfway house.

(19)

Liquor stores to be operated under, and in accordance with, a valid Texas Alcoholic Beverage Commission issued package store permit provided that such establishment:

a.

Complies with all applicable rules and regulations established under the Texas Alcoholic Beverage Code (TABC) and/or promulgated by the Texas Alcoholic Beverage Commission, as amended. Said rules and regulations are hereby adopted and incorporated herein for all purposes; and

b.

Is not located within: three hundred (300) feet of a church, public or private school or public hospital; one thousand (1,000) feet of a public school if a request is submitted to city council by the board of trustees of a school district under V.T.C.A., Education Code § 38.007; or one thousand (1,000) feet of a private school if a request is submitted to city council by the governing body of the private school. The measurement of the distances shall be as provided under V.T.C.A., Alcoholic Beverage Code § 109.33 and in accordance with the procedures established by the TABC, as amended, which is hereby adopted and incorporated herein for all purposes. The city council may, however, allow a variance from this distance requirement in accordance with V.T.C.A., Alcoholic Beverage Code § 109.33(e). The following exemptions to the above-stated distance requirements and expansion of the application of the distance requirements from day-care centers and child-care facilities are provided under the TABC and are hereby adopted to provide:

1.

The one thousand-foot public or private school distance extension shall not apply to the holder of: a retail on-premises consumption permit or license if less than fifty (50) percent of the gross receipts for the establishment is from the sale or service of alcoholic beverages; a retail off-premises consumption permit or license if less than fifty (50) percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or a wholesaler's, distributor's, brewer's, distiller's and rectifier's, winery, wine bottler's or manufacture's permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in V.T.C.A., Alcoholic Beverage Code ch. 102.

2.

The one thousand-foot private school distance extension shall not apply to the holder of: a license or permit issued under V.T.C.A., Alcoholic Beverage Code chs. 27, 31, or 72 who is operating on the premises of the private school; or a license or permit covering an establishment where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code § 109.53 and that is located within one thousand (1,000) feet of a private school.

3.

The three hundred-foot general distance prohibition shall not apply to the holder of: a license or permit who also holds a food and beverage certificate covering an establishment that is located within three hundred (300) [feet] of a private school; or a license or permit covering a premises where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code § 109.53 and that is located within three hundred (300) feet of a private school. In this section, "private school" means a private school, including a parochial school that offers a course of instruction for students in one (1) or more grades from kindergarten through grade 12 and has more than one hundred (100) students enrolled and attending courses at a single location. In addition, the three hundred-foot general distance prohibition shall have no impact the right of a duly licensed and permitted establishment from continuing to operate if a church, public or private school or public or private hospital locates within three hundred (300) feet of the existing business establishment.

4.

This subsection applies only to a permit or license holder under V.T.C.A., Alcoholic Beverage Code chs. 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate. Except as provided by this subsection, the provisions of this section 31-311(2) relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by V.T.C.A., Human Resources Code § 42.002. However, the one thousand-foot distance extension by request is not available to a day-care center or child-care facility. This subsection does not apply to a permit or license holder who sells alcoholic beverages if: (1) the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or (2) the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building. This subsection does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by V.T.C.A., Human Resources Code § 42.002.

(Code 1963, Ch. 9, art. 2, § 10-C-1; Ord. No. 76-46, § 4, 8-10-76; Ord. No. 83-61, 10-11-83; Ord. No. 16-001, § I, 1-12-16; Ord. No. 20-024, § I, 5-26-20)

The height regulations in the district "B-4" business district shall be the same as district "B-2."

(Code 1963, Ch. 9, art. 2, § 10-C-2)

The area regulations in the district "B-4" business district shall be the same as district "B-2."

(Code 1963, Ch. 9, art. 2, § 10-C-3)

Off-street parking and loading spaces in the district "B-4" business district shall be provided in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 10-C-4)

The screening device requirements in the district "B-4" business district shall be the same as required in the "B-1" district.

(Code 1963, Ch. 9, art. 2, § 10-C-5 [Ord. No. 70-52, § 3, 8-28-70])

A building or premises in the district "B-5" business district shall be used only for the following purposes:

(1)

Any use permitted in the "B-4" district.

(2)

Building material and lumber sales (outside storage permitted).

(3)

Storage warehouse, greater than twenty-five thousand (25,000) square feet.

(4)

Veterinarian clinic or pet kennel with outside pens.

(5)

Railroad or bus passenger terminal.

(6)

Tire recapping or retreading.

(7)

Impound yards provided no salvaging or dismantling is allowed on the premises and site is properly screened.

(8)

Any commercial use not included in any other district, provided such use does not involve salvaging, manufacturing or industrial type storage or dismantling, and is not noxious or offensive because of odors, dust, noise, fumes or vibrations.

(9)

Mobile home sales.

(10)

Indoor firing range.

(Code 1963, Ch. 9, art. 2, § 10-D-1 [Ord. No. 76-46, § 5, 8-10-76]; Ord. No. 88-114, § III, 12-13-88; Ord. No. 99-70, § V, 9-14-99; Ord. No. 04-87, § III, 10-19-04; Ord. No. 10-079, § III, 12-28-10; Ord. No. 16-001, § I, 1-12-16; Ord. No. 20-024, § I, 5-26-20)

The height regulations in the district "B-5" business district shall be the same as district "B-2."

(Code 1963, Ch. 9, art. 2, § 10-D-2; Ord. No. 99-70, § V, 9-14-99)

(a)

Size of yards. The yards in the district "B-5" business district shall be as follows:

(1)

Front yard. Same as district "B-2."

(2)

Side yard. Same as district "B-2."

(3)

Rear yard. Same as district "B-2."

(b)

Size of lot. The size of lots in the district "B-5" business district shall be the same as district "B-2."

(c)

Lot coverage. Lot coverage in the district "B-5" business district shall be the same as district "B-2."

(Code 1963, Ch. 9, art. 2, § 10-D-3; Ord. No. 99-70, § V, 9-14-99; Ord. No. 05-69, § V, 9-13-05)

Off-street parking and loading spaces in the district "B-5" business district shall be provided in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 10-D-4; Ord. No. 99-70, § V, 9-14-99)

The screening device requirements in the district "B-5" business district shall be the same as required in the "B-1" district.

(Code 1963, Ch. 9, art. 2, § 10-D-5; Ord. No. 70-52, § 3, 8-28-70; Ord. No. 99-70, § V, 9-14-99)

A building or premises in the "B-C-1" general business and alcohol sales district shall be used only for the following purposes:

(1)

Business establishments dispensing alcoholic beverages under the Texas Alcoholic Beverage Code, in accordance with permits issued, and the rules and regulations promulgated by the Texas Alcoholic Beverage Commission, all of which are adopted hereby and made a part hereof for all purposes.

(2)

Any uses permitted in a "B-5" district, excluding the sale of beer, wine and/or any other alcoholic beverages for off-premises consumption.

(3)

Business establishments dispensing alcoholic beverages may not be within three hundred (300) feet of a church, public or private school or public or private hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school or public or private hospital shall be as prescribed by the V.T.C.A., Alcoholic Beverage Code § 109.33, as amended. New applications for a B-C-1 general business and alcohol sales district zoning shall require the notification of all property owners within two hundred (200) feet in all directions of the area for which the B-C-1 zoning is requested, so long as those properties are within the corporate limits of the City of Killeen.

(Code 1963, Ch. 9, art. 2, § 10-E-1 [Ord. No. 76-46, § 7, 8-10-76]; Ord. No. 01-57, § II, 11-27-01; Ord. No. 05-40, § II, 5-24-05; Ord. No. 16-001, § I, 1-12-16)

The height regulations in the "B-C-1" general business and alcohol sales district shall be the same as district "B-5."

(Code 1963, Ch. 9, art. 2, § 10-E-2; Ord. No. 05-40, § II, 5-24-05)

The area regulations in the "B-C-1" general business and alcohol sales district shall be the same as district "B-5."

(Code 1963, Ch. 9, art. 2, § 10-E-3; Ord. No. 05-40, § II, 5-24-05)

The parking and loading requirements for the "B-C-1"general business and alcohol sales district shall be the same as district "B-5."

(Code 1963, Ch. 9, art. 2, § 10-E-4; Ord. No. 05-40, § II, 5-24-05)

The screening device requirements for the "B-C-1"general business and alcohol sales district shall be the same as district "B-5."

(Code 1963, Ch. 9, art. 2, § 10-E-5; Ord. No. 70-52, § 3, 8-28-70; Ord. No. 05-40, § II, 5-24-05)

(a)

Uses: A building or premises in the district "RC-1" restaurant and alcohol sales district shall be used only for the following purposes:

(1)

A restaurant permitted to offer alcoholic beverages for sale operating under the rules and regulations promulgated by the Texas Alcoholic Beverage Commission, as amended, all of which are adopted hereby and made a part hereof for all purposes.

(2)

Any commercial, nonresidential use permitted in the B-4 district.

(b)

Inactive district. All properties with an RC-1 district zoning in effect prior to the effective date of the ordinance from which this paragraph is derived shall continue to be allowed to be used for the uses provided in this section, and regulated by the provisions of this section, until such time as the property is rezoned by action initiated by the property owner or by the city. This RC-1 district shall be considered inactive as of the date of the ordinance from which this paragraph is derived (March 11, 2014) and, as such, no new applications for an RC-1 zoning shall be accepted or considered by the city following said date.

(Code 1963, Ch. 9, art. 2, § 10-G-1; Ord. No. 04-87, § IV, 10-19-04; Ord. No. 10-015, § I, 4-27-10; Ord No. 14-021, 3-11-14)

(a)

If the property is being used as a restaurant prior to an application for zoning under this division, it must be in a "B-3," "B-4," or "B-5" zoned district as provided by this article, or be operating under subsection 31-456(9)(a).

(b)

During any consecutive twelve-month period, a restaurant in an RC-1 zone shall not obtain more than fifty (50) percent of its gross receipts from the on-premises sale of alcoholic beverages. When required by the city to verify compliance, documentation certifying compliance with this requirement shall be provided by a certified public accountant or enrolled agent attesting to such fact. At a minimum, an "Independent Accountant's Report" on Applying Agreed-Upon Procedures of such restaurant by a certified public accountant or enrolled agent, showing the gross receipts derived from the provision of services and goods other than the on-premises sale of alcoholic beverages and the provision of alcoholic beverages service separately shall be provided to the city's planning and development services department within six (6) weeks of the date of the written request from the same. The preparation of this report and any other documentation of this requirement shall be at the expense of the restaurant. In order to verify the finding of the Independent Accountant's Report, the city manager, or his designee, may require the restaurant owner or manager to present the financial books and records of the business for examination. Such request must be complied with within seven (7) business days of the request.

(c)

If good cause is found, the city council may require that a full audit of the financial books and records be completed by a certified public accountant, and the audit report provided to the city within six (6) weeks of the request. All costs of the audit shall be borne by the restaurant.

(d)

A request for an extension in order to comply with the reporting requirements of 31- 382(b) must be made in writing and received in the city's planning and development services department no later than the business day prior to the expiration of the deadline established in 31-382(b). No extension longer than 30 days will be granted.

(e)

No restaurant which receives the RC-1 zoning designation will be permitted to dispense any type of alcoholic beverage through any "drive-through" facility or allow any customers to remove from, or bring into, the interior of the premises any kind of alcoholic beverage.

(f)

Restaurants zoned RC-1 may not be within three hundred (300) feet of a church, public or private school or public or private hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, or public or private hospital shall be as prescribed by the Texas Alcoholic Beverage Code § 109.33, as amended.

(Code 1963, Ch. 9, art. 2, § 10-G-2; Ord. No. 04-87, § IV, 10-19-04; Ord. No. 05-40, § II, 5-24-05; Ord. No. 10-015, § I, 4-27-10)

The height regulations in the district "RC-1" restaurant and alcohol sales district shall be the same as district "B-5."

(Code 1963, Ch. 9, art. 2, § 10-G-3; Ord. No. 04-87, § IV, 10-19-04)

The area regulations in the district "RC-1" restaurant and alcohol sales district shall be the same as district "B-5."

(Code 1963, Ch. 9, art. 2, § 10-G-4; Ord. No. 04-87, § IV, 10-19-04)

The parking regulations for the district "RC-1" restaurant and alcohol sales district shall be the same as district "B-5."

(Code 1963, Ch. 9, art. 2, § 10-G-5; Ord. No. 04-87, § IV, 10-19-04)

The screening device requirements in the district "RC-1" restaurant and alcohol sales district shall be the same as district "B-5."

(Code 1963, Ch. 9, art. 2, § 10-G-6; Ord. No. 04-87, § IV, 10-19-04)

(a)

A violation of the provisions of this division, as herein defined, shall be subject to sanction as outlined in (b) below. For the purposes of this division, "violation" shall mean:

(1)

The failure of any restaurant in this district to allow its books and records to be inspected by the city or to provide documentation of compliance from a certified public accountant or enrolled agent in the time periods provided under section 31-382 to verify that the provisions of section 31-382(b) are being complied with; or

(2)

Failure to obey any other provision of the ordinances of the city or the laws of the state concerning the sale of beer, wine or any other alcoholic beverages; or

(3)

Failure to obey any provisions of the ordinances of the city other than those provisions concerning the sale of beer, wine or any other alcoholic beverages; or

(4)

Operation of a private club, whether or not any permit or permits from the Texas Alcoholic Beverage Commission have been revoked or suspended.

(b)

The city council shall determine, after notice to the parties and a public hearing before the council, whether a violation has occurred, whether the violation was committed by:

(1)

The property owner; or

(2)

The owner, co-owner, operator or agent or employee of the operator of a restaurant;

and whether the right of the violator to use that restaurant where the violation occurred for the dispensing of alcoholic beverages shall be suspended for a period not to exceed six (6) months or revoked. The property owner and the owner, co-owner and operator of the restaurant shall be notified of the hearing and the grounds of the violation by certified mail, return receipt requested, at least five (5) days before the date of the hearing. Each person notified shall have the right to be heard, either individually or through a representative at such hearing. Any sanction imposed by the city council may be suspended for a period of up to sixty (60) days upon such terms and conditions as the council, in the sound exercise of its discretion, may deem proper.

(c)

Any person whose right to use a restaurant for the dispensing of alcoholic beverages is suspended or revoked shall also have revoked or suspended for a like period the right to use any other restaurant for the dispensing of alcoholic beverages which is owned, co-owned or operated by the same person.

(d)

No person whose right to use a restaurant for the dispensing of alcoholic beverages is revoked shall be entitled, for a period of one (1) year from the date of revocation, to have any other property in the city zoned RC-1 or B-C-1.

(e)

Imposition of a sanction because of the action of the owner, co-owner, operator, agent or employee of a restaurant shall not affect the right of a subsequent tenant to use the premises to dispense alcoholic beverages unless the sanction is also imposed on the property owner.

(Code 1963, Ch. 9, art. 2, § 10-G-7 [Ord. No. 79-3, 1-23-79; Ord. No. 81-48, 9-22-81]; Ord. No. 04-87, § IV, 10-19-04; Ord. No. 05-40, § II, 5-24-05; Ord. No. 10-015, § I, 4-27-10; Ord. No. 10-059, § III, 9-28-10)

INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED-UPON PROCEDURES

Report Date

"ABC Client" and City of Killeen

We have performed the procedures enumerated below, which were agreed to by "ABC Client" and City of Killeen (the specified parties), solely to assist you with respect to the compliance with the RC-1 zoning designation (Restaurant and Alcohol Sales District) that requires that no more than fifty (50) percent of an establishment's gross receipts shall be obtained from the on-premises sale of alcoholic beverages as of the twelve month period ended "Date". "ABC Client's" management is responsible for the company's accounting records used for the preparation of the Texas Sales and Use Tax Returns and Texas Mixed Beverage Gross Receipts Tax Report. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purposes.

Our procedures and findings are as follows:

a.

We obtained copies of all Texas Sales and Use Tax Returns (food service) for the period specified above. We calculated the gross receipts from services and goods other than the on-premises sale of alcoholic beverages for the period in the amount of $__________.

b.

We obtained copies of all Texas Mixed Beverage Gross Receipts Tax Reports (alcohol sales) for the period specified above. We calculated the gross receipts from alcoholic beverages for the period in the amount of $__________.

c.

We totaled the amounts in items a. and b. above to calculate gross receipts from services and goods other than the on-premises sale of alcoholic beverages and gross receipts from the on-premises sale of alcoholic beverages.

d.

As a result of the calculations above, the gross receipts from services and goods other than the on-premises sale of alcoholic beverages represent ___% of the gross receipts of "ABC Client."

e.

"ABC Client" "is/is not" in compliance with the RC-1 zoning designation (Restaurant and Alcohol Sales District) that requires that no more than fifty (50) percent of an establishment's gross receipts shall be obtained from the on-premises sale of alcoholic beverages.

We are not engaged to, and did not; conduct an audit, the objective of which would be the expression of an opinion, on the accounting records. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of "ABC Client" and City of Killeen and is not intended to be and should not be used by anyone other than those specified parties.

Firm's signature

(Ord. No. 05-40, § II, 5-24-05; Ord. No. 10-015, § I, 4-27-10)

For the purposes of this division, the following definitions shall apply:

Awning shall mean a shelter projecting from and supported by the exterior wall of a building constructed of rigid and non-rigid materials on a supporting framework.

Auxiliary sign shall mean a sign indicating general information such as credit cards, pricing official notices required by law, directions, shop hours, community services, occupant and profession, and realty information.

Banner shall mean a sign made of cloth, plastic, or light fabric with no enclosing framework. Pennants are considered banners.

Department shall mean the development services department for the City of Killeen, Bell County, Texas.

Director shall mean the executive director of development services.

Downtown action agenda shall mean the document adopted by city council per resolution 07-023R.

Façade shall mean the entire building front including the parapet.

Ground sign shall mean a billboard or similar type of sign which is supported by one (1) or more uprights, poles or braces in or upon the ground.

Hanging sign shall mean any sign affixed to either an awning or the building.

Historic shall mean properties older than fifty (50) years.

Historic overlay district shall mean all property located within the historic district as described as:

Point of beginning intersection of Santa Fe Plaza Drive and 8th Street; thence north 14 deg 15' 40" east 528.256 feet; thence south 76 deg. 23' 47" east 186.989 feet; thence north 14 deg. 38' 17" east 515.418 feet; thence north 75 deg. 34' 30" west 630.255 feet; thence south 14 deg. 14' 35" west 129.342 feet; thence north 75 deg. 34' 56" west 168.658 feet; thence south 14 deg. 28' 14" west 195.764 feet; thence north 75 deg. 19' 50" west 186.635 feet thence south 13 deg. 55' 59" west 757.510 feet; thence south 75 deg. 32' 57" east 414.775 feet; thence north 11 deg. 22' 27" east 38.420 feet; thence south 75 deg. 09' 51" east 378.691 feet to the point of the beginning.

A map of the area described is available in the city planning office.

Internally lit sign shall mean a sign with an artificial light source incorporated internally for the purpose of illuminating the sign.

Live work unit shall mean a building or space within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of business.

Mixed-use shall mean a building or structure that contains a mixture of commercial and residential uses.

Occupied shall mean that one (1) or more persons conduct business in at least fifty (50) percent of the total area of the building (excluding stairwells, elevator shafts, and mechanical rooms) as the legal or equitable owner, operator, lessee, or invitee on a permanent, non-transient basis pursuant to and within the scope of a valid certificate of occupancy.

Off-premises sign shall mean a sign visible from any public traveled road or street displaying advertising or other copy that pertains to any business, person, organization, activity, event, place, service, or product not manufactured, sold, or provided on the same premises on which the sign is located. This definition for off-premises signs shall include any sign that does not qualify as an approved on-premises sign.

Owner shall mean any person, firm, partnership or corporation having a legal interest in the property.

Parapet shall mean a low protective wall along the edge of the roof.

Poster shall be a sign made of paper or any non-rigid material with no enclosing framework.

Projecting sign shall mean a sign other than a wall sign, which projects from and is supported by a wall of a building or structure.

Reflective tinting shall mean any window tinting which demonstrates a reflective quality and impedes clear visibility into a building.

Roof sign shall mean a sign erected upon or above a roof or parapet of a building or structure.

Secured shall mean that all accessible means of ingress and egress to the vacant structure, including, but not limited to, all exterior doorways and windows, are locked so as to prevent unauthorized entry by vagrants and criminals.

Sign shall mean any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminated service, which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise, whatsoever, which is displayed in any manner outdoors.

Sign area shall mean that area being the total square footage of the combined message or display surface. This area does not include structural supports for a sign, whether they be columns, pylons, or a building, or part thereof.

Sign structure shall mean any structure which supports or is capable of supporting a sign.

Temporarily secured shall mean that all accessible means of ingress and egress to the vacant structure, including, but not limited to, all exterior doorways and windows, are covered with plywood which has been nailed or bolted in place so as to prevent unauthorized entry by vagrants and criminals.

Temporary sign shall mean any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, metal, or other light materials, not intended for long term use. Banners and posters are temporary signs.

Vacant structure shall mean a structure, regardless of its structural condition, that is not occupied.

Wall sign shall mean any sign attached to or erected against the wall of a building or structure, with the exposed face in a plane parallel to the plane of the wall as defined in appendix H of the city's adopted building code.

Window covering shall mean any material including, but not limited to, curtains, wood, fabric, cardboard, or paper which impedes visibility and is not intended to be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise, whatsoever, which is affixed in any manner to the window or area surrounding the window.

(Ord. No. 09-024, § II, 3-17-09; Ord. No. 17-010, § I, 2-14-17; Ord. No. 20-032, § I, 8-4-20; Ord. No. 22-046, § I, 6-28-22; Ord. No. 23-006, § I, 1-24-23)

The historic overlay district (HOD) is intended to establish and provide for the protection, preservation, and enhancement of buildings, structures, sites and areas of architectural, historical, archaeological, or cultural importance or value. The HOD is envisioned as a tool to help stabilize and improve property values; to encourage neighborhood conservation; to foster civic pride and past accomplishments; to protect and enhance city attractions for tourists and residents; to strengthen the economy; and to promote the use of historical and cultural landmarks for the general welfare of the community. Additionally, the historic overlay district is intended to help promote the development of a downtown consistent with the community objectives identified in the downtown action agenda.

The following standards or requirements shall apply to the historic overlay district:

A.

Any regulations for the HOD shall apply to all properties or structures wholly contained within that district, and to those portions of any property within the district.

B.

Because the HOD is an overlay district, the regulations for the underlying zoning district shall remain in effect, except as otherwise provided in the zoning ordinance.

C.

In case of any conflict between the regulations applicable in the underlying zoning district, and the regulations of the HOD, the regulations of the HOD will take precedence, even where the applicable regulation may not be a higher standard.

D.

The findings adopted by the city council for a historic overlay district shall define the scope of the city's interest in protecting the historic resources in the district and shall provide the guidelines to be used by the heritage preservation officer or heritage preservation board, along with any applicable design guidelines in considering whether to grant or deny an order of design compliance.

(Ord. No. 09-024, § II, 3-17-09)

(a)

Applicability and administration.

(1)

This section shall apply to all vacant structures, as defined in this division, which are now in existence or which may hereafter be constructed or converted from other uses and which are located within the boundary of the historic overlay district (HOD).

(2)

The director or designee is authorized to administer and enforce the provisions of this section.

(3)

The director or designee shall have the authority to render interpretations of this division and to adopt policies and procedures in order to clarify the application of its provisions.

(b)

Registration required.

(1)

Within thirty (30) days of any structure becoming a vacant structure, the owner shall register that building by completing and filing with the Department a registration form and remitting to the city the required registration fee as set forth in subsection (c).

(2)

The registration form shall include the following information:

a.

The address and legal description of the property.

b.

The name, physical address, mailing address, telephone number, and email information for any property owner(s) with an interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agent.

c.

The contact information for a designated local property manager for the property.

d.

Proof of property insurance in an amount not less than the appraised value of the structure, as determined by the Bell County Appraisal District, or a surety bond for the value of structure if insurance cannot be obtained. This subsection is not applicable to single family residential structures.

e.

A completed letter of intent, provided by the department, detailing a timeline for correcting code enforcement violations, conducting rehabilitation and maintenance of the structure, and a plan for future use of the structure. The letter of intent must be updated every twelve (12) months.

f.

A complete floor plan of the property for use by first responders in the event of a fire or other catastrophic event.

g.

Confirmation of criminal trespass affidavit, which shall be filed by the property owner with the Killeen Police Department. Said property owner shall post "No Trespass" placards on the premises. Additional employment of security services for the property for a specified number of hours every day may be required by the director on the basis of the property's history of code and/or criminal violations.

h.

Confirmation that the owner has scheduled an inspection by the city and that the inspection will occur within sixty (60) calendar days of registration.

(3)

Within thirty (30) days, the owner of a vacant structure shall provide written notice to the director, including a copy of the deed, of a change in:

a.

Ownership of the property; or

b.

Contact information for either the owner or the property manager.

(4)

Continued annual registration of the property by the owner of a vacant structure is required until said structure is deemed occupied and in compliance with all relevant code requirements by the director.

(5)

A registration of a vacant building issued pursuant to this section is not transferrable. New owners shall submit a new registration and remit the applicable fee within thirty (30) days of transfer of ownership.

(6)

Failure to timely register a vacant building and provide the information required in subsection (b)(2) is a violation of this section.

(c)

Fees.

(1)

At the time of registration, the owner shall tender an annual registration fee and annual inspection fee in accordance with the adopted fee schedule.

(2)

Subsequent annual registration and inspection fees in accordance with the adopted fee schedule are due no later than January 31 of each year. Annual registrations not completed by January 31 are subject to a late fee in accordance with the adopted fee schedule.

(d)

Property manager.

(1)

The owner of a vacant structure must designate a local property manager for said properties and include the relevant contact information for the designated property manager upon registering the property with the department. Designated property managers shall act as agents for the property owner for purposes of accepting legal service, however the vacant property owner remains personally liable in criminal prosecutions for code violations.

(2)

The property manager must be available at the number listed at all times in the event of an emergency or catastrophe. For all vacant properties except for single-family residential structures, the name and telephone number of the property manager must be posted at the front of the building in large, legible print.

(e)

Standard of care for vacant property.

(1)

The standard of care, subject to approval by the director, shall include, but is not limited to:

a.

Protective treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition, weather tight, and in such condition so as to prevent the entry of rodents and other pests. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization by oxidation, shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. All siding, cladding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight.

b.

Premises identification. The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of one-half (½) inch. All buildings shall display a vacant building identification placard as required by the director.

c.

Structure. All structural members and foundation shall be maintained free from deterioration, and shall be capable of safely supporting the imposed loads.

d.

Exterior walls. All exterior walls shall be kept in good condition and shall be free from holes, breaks, and loose or rotting materials. Exterior walls shall be maintained weatherproof and properly surface coated where necessary to prevent deterioration.

e.

Roof and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent accumulation, dampness or deterioration. Roof drains, gutters and downspouts shall be maintained in good repair, free from obstructions and operational.

f.

Decorative features. All cornices, belt courses, corbels, applications, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

g.

Overhang extensions and awnings. All overhang extensions including, but not limited to, canopies, marquees, signs, awnings, and fire escapes shall be maintained in good repair and be properly anchored and supported as to be kept in a sound and safe condition.

h.

Stairways, decks, porches and balconies. All exterior stairways, decks, porches, and balconies, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

i.

Chimneys and towers. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound, and in good repair.

j.

Handrails and guards. All exterior handrails and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

k.

Window, skylight and door. All windows, storefronts, skylights, and exterior door parts, including, but not limited to, the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, exterior attic access, windows, or exterior hatchways shall tightly secure the opening. Windows and doors shall not be secured by plywood or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the director.

l.

Basement hatchways and windows. All basement hatchways shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against entry of rodents.

(2)

All repairs shall be subject to approval by the director, or his designee. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. Historic properties and properties within the designated historic overlay district are additionally subject to all applicable rules and regulations as codified in this chapter.

(3)

Failure to maintain a vacant structure to the standard of care specified by the director is a violation of this section.

(f)

Property inspections

(1)

For the purpose of ascertaining whether the vacant building is being maintained in compliance with this section and any other applicable law, the director, or his designee, is authorized at a reasonable time to inspect:

a.

The exterior of a vacant structure;

b.

The interior of a vacant structure, if the permission of the owner, operator, or other person in control of the building is given or a warrant is obtained; and

c.

The property upon which a vacant structure is located.

(2)

At the time of registration, the owner shall schedule an inspection of the vacant structure by the city, to be completed within sixty (60) calendar days of registration. The director, or his designee, shall inspect the vacant structure and surrounding property where it is located to determine if it is maintained in compliance with this article and any other applicable law.

(3)

After the initial inspection, the director, or his designee, shall inspect the vacant structure and surrounding property where it is located at least once during each twelve-month period that the building remains vacant.

(4)

An owner of a vacant structure shall permit the director, or his designee, to perform an inspection of the interior and exterior of the vacant structure and surrounding property where it is located, for the purpose of ensuring compliance with this section and any other applicable laws, at reasonable times upon request. It shall constitute a violation if the owner, either personally or through an agent or employee, refuses to permit a lawful inspection of the vacant structure as required by this section.

(5)

If the vacant building or property where the vacant building is located is not maintained in compliance with this section or any other applicable law, the director, or his designee, shall issue a written notice of non-compliance to the owner. The notice shall grant the owner a specific amount of time to resolve the identified violations and direct the owner to schedule a reinspection. If the owner fails or refuses to schedule a reinspection by the resolution date given in the notice of non-compliance, the director, or his designee, may perform an inspection of the property and vacant structure at any time following the resolution date, during regular business hours. If entry to the interior of the building for reinspection is refused, the director, or his designee, shall obtain a warrant to perform an interior inspection. A separate inspection fee, as described in subsection (c)(1), shall be charged for each reinspection. If violations are not resolved by the time of reinspection, the city may seek any remedy provided by law.

(6)

Nothing herein shall limit the city's authority to request additional inspections, pursue other enforcement measures, or take immediate abatement measures as otherwise allowed pursuant to city ordinances and state law.

(g)

Jurisdiction, enforcement, and penalties.

(1)

Pursuant to section 31-7, in addition to any other enforcement remedies that the city may have under other city ordinances or other applicable law, any person violating any of the provisions of this section is subject to a fine as provided in section 1-8. Each day any violation of this article shall continue shall constitute a separate offense.

(2)

Written notice of a violation of this section will precede the issuance of a citation, in which the vacant structure owner will be given a reasonable length of time, as determined by the director, to remedy the violation.

a.

Written notice for violations of subsection (b) shall only precede a citation for failure to comply with the initial registration requirement as required by subsection (b)(1).

b.

Written notice shall not be required to precede a citation for subsequent annual registration violations as required by subsection (b)(4).

(3)

Written notice shall be issued to the owner of a vacant structure by means of personal service, or by first class mail to their last known address according to Bell County Appraisal District records, and by posting on the property.

(4)

Any minimum fine for a violation of this section will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the fine exceed the maximum fine established in section 1-8.

(5)

This is a strict liability offense in which no mental state is required.

(Ord. No. 20-032, § I, 8-4-20; Ord. No. 23-006, § I, 1-24-23; Ord. No. 24-020, § XII, 6-11-24)

Editor's note— Ord. No. 20-032, § I, adopted August 4, 2020, in effect repealed § 31-393 and enacted a new § 31-393, as set out herein. The former section pertained to the overlay district boundary and derived from Ord. No. 09-024, § II, adopted March 17, 2009.

(a)

A building or premises in the historic overlay district shall allow all uses within the "B-5" business district with the following exclusions:

(1)

Mini self-storage facilities.

(2)

Storage warehouses.

(3)

Tire recapping or retreading.

(4)

Impound yards.

(5)

Auto upholstery or muffler shop.

(6)

Auto repair.

(7)

Appliance (household) sales and services.

(8)

Electric utility substation.

(9)

Multifamily residential, as defined by V.T.C.A., Local Government Code § 218.001.

(b)

Notwithstanding the provisions in section 31-351(3), business establishments dispensing alcoholic beverages may be located within three hundred (300) feet of a church, public or private school or public or private hospital within the Historic Overlay District (HOD).

(c)

A building or premises in the historic overlay district may be used for mixed-use development or live/work purposes, provided that the following conditions are met:

(1)

The ground floor of all mixed-use buildings shall be designated, constructed, and used only for commercial uses. Residential uses shall be permitted only on the second floor and above.

(2)

Any structure or portion of a structure that is mixed-use or live/work shall comply with all applicable City of Killeen ordinances, including all building and residential codes.

(d)

The city council by an affirmative majority vote may by ordinance grant a conditional use permit as provided in section 31-456 of this chapter for any land use and may impose appropriate conditions and safe guards to assure that these land uses are compatible with the character of the district setting and buildings. Conditional use permits granted shall be considered permanent provided the property owner remains in continuous compliance with any conditions or safeguards imposed.

(e)

Mixed-use residential, as defined by V.T.C.A., Local Government Code § 218.001, shall be permitted within the Historic Overlay District (HOD), provided that such development is vertical mixed-use comprised of residential and nonresidential uses in the same building on the same lot, and residential uses shall be prohibited on the first floor.

(Ord. No. 20-032, § I, 8-4-20; Ord. No. 22-003, § I, 1-11-22; Ord. No. 25-046, § I, 8-19-25)

Except for ordinary maintenance and repair, an order of design compliance from the heritage preservation board or the heritage preservation officer is required prior to commencing any alteration or development in the historic overlay district. Ordinary maintenance shall mean repair of any exterior or architectural feature of a landmark or property within the district which does not involve a change to the architectural or historic value, style or general design. Ordinary maintenance shall also include the limited replacement, in kind or with compatible substitute material, of extensively deteriorated, broken or missing parts of features.

(Ord. No. 09-024, § II, 3-17-09)

When considering an application for an order of design compliance the heritage Preservation officer or heritage preservation board shall be guided by: the Secretary of the Interior's Standards for Treatment of Historic Properties: With Guidelines for Preserving, Rehabilitation, Restoring, & Reconditioning as amended; any adopted design guidelines; and the following minimum standards:

A.

Only uses that are compatible with the historic use of the property or that require minimal alteration of the building, structure or site and its environment shall be allowed.

B.

The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided.

C.

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.

D.

New or "in-fill" construction shall be compatible with the height, scale, massing, volume, and construction material of the neighboring buildings. All new construction should be compatible with the character of the district setting and buildings.

E.

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be maintained and preserved.

F.

Deteriorated architectural features are to be repaired rather than replaced, whenever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

G.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used.

H.

Contemporary design for alterations and additions to existing properties shall be allowed when such alterations and additions do not destroy significant historic, architectural, or cultural material and when such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

I.

The heritage preservation officer or heritage preservation board may enforce the provisions of this section at law or at equity.

J.

The HPB may develop and the city council may approve such supplemental guidelines as it may find necessary to implement the regulations of the historic overlay district.

K.

In case of any conflict between the regulations applicable in this division and any adopted design guidelines for the historic overlay district, the design guidelines of historic overlay district shall take precedence.

(Ord. No. 09-024, § II, 3-17-09)

A.

Height. Proposed new buildings in the historic overlay district shall not exceed an overall height of thirty-six (36) feet, unless approved by the HPB and the applicant can demonstrate the following:

1.

The proposed building or addition shall be compatible with the height, scale, massing and volume reflected in the historic overlay district and shall not conflict with the historic character of the district; and

2.

The proposed building shall be a contribution to the aesthetic and economic goals as defined in the downtown action agenda.

B.

Setbacks. Building setbacks adjacent to public rights-of-way in the historic overlay district shall generally be assumed to be zero feet, or "built to" the right-of-way line. The heritage preservation officer or heritage preservation board shall determine appropriate setbacks in accordance with the Secretary of the Interior's Standards as amended and any adopted design guidelines.

(Ord. No. 09-024, § II, 3-17-09)

All new signs shall be developed with the overall context of the building and the area in mind. Sign materials, location, illumination and size shall be compatible with the architectural features of the building and the distinct character of the district and shall be appropriate to the era in which the building was constructed or the predominant era of neighboring buildings. The HPB may develop and the city council may approve such supplemental sign guidelines as it may find necessary to implement the regulations of the historic overlay district. Unless otherwise stated, permitting requirements established in chapter 31 of the city's zoning ordinance shall be strictly enforced.

A.

The following signs shall be prohibited:

1.

Signs that eclipse or obstruct significant architectural detail.

2.

Off-premises signs.

3.

Roof signs.

4.

Temporary signs except where provided in this division.

5.

Ground signs and detached pole signs except for those erected by the city for traffic control and except where otherwise provided for in this division.

6.

Signs allowed without a permit under subsection 31-503(1) larger than 18" x 24" in size. One sign under this subsection is allowed per property, and it must be displayed inside the building's window.

7.

Banners except where provided for in this division.

8.

Posters.

B.

The following temporary signs may be considered:

1.

A-frame sandwich boards, signs mounted on easels or free standing frames with sign inserts.

a.

Board signs which are limited to twelve (12) square feet of surface per side and should in no case exceed four (4) feet in height and three (3) feet in width.

b.

A sign mounted on an easel or free standing frame with a sign insert that is limited to six (6) square feet of surface per side and in no case exceeds five (5) feet in height, three (3) feet in width.

2.

Temporary signs and banners may be approved for a period not to exceed ninety (90) days provided that they are limited to a maximum of twenty-four (24) square feet.

3.

Minimum standard.

a.

A temporary sign when installed should not obscure windows.

b.

In no case will a temporary sign be allowed to substitute as a permanent sign.

c.

All temporary signs must have a permit issued by the permits and inspections department and are subject to review by the heritage preservation officer or heritage preservation board except as provided for in chapter 31 of the city's zoning ordinance.

C.

Location.

1.

Awning signs are allowed when they are painted or applied flat against the surface of the awning tail.

2.

Signs may be hung below rigid awnings or porches.

3.

Projecting and/or hanging signs are allowed when they have a minimum clearance of nine (9) feet from the sidewalk.

4.

An on-premises, free standing, low profile sign may be permitted when:

a.

The building setback adjacent to the public right-of-way is more than zero (0) feet;

b.

The low profile sign has two poles;

c.

The low profile sign is provided as an alternative to an attached permitted sign or existing pole sign;

d.

The low profile sign has no more than two (2) faces;

e.

The low profile sign is located no less than eighty (80) feet apart from any other freestanding sign;

f.

The low profile sign does not exceed six (6) feet in height; and

g.

The structure of the low profile sign is constructed of materials and colors compatible with those utilized in the primary building façade.

5.

The following signs shall be prohibited:

a.

Signs projecting above building facades.

b.

Signs on sidewalks without an order of design compliance.

c.

Signs mounted on top and at the edge of awnings or porches.

D.

Size.

1.

The maximum size for signage on the front of a historic building is based on the following guideline: For every one (1) linear foot of building primary or entry frontage one (1) square foot of sign area is allowed. For multi-tenant buildings one and one-half (1.5) square feet of sign area is allowed for every one (1) linear foot of building primary or entry frontage.

2.

Signs on secondary or side-street frontages should not exceed the size of sign on the primary or entrance frontage, with the exception of historic murals.

3.

The size of unframed lettering on buildings or awnings shall be determined by an imaginary square or rectangle that encompasses the sign graphics.

4.

Each face of a hanging sign shall be no more that twelve (12) square feet in size.

5.

Projecting signs should be no more than twelve (12) square feet in size.

6.

Auxiliary signs should be no more that four (4) square feet.

7.

All signs should be sized to make walking on sidewalks easily accessible and safe.

E.

Material.

1.

Use of plastic on sign faces is restricted to signs that have an appearance compatible with the historic context of the building and are specifically approved by the heritage preservation officer or heritage preservation board.

2.

No fluorescent materials and/or paints are allowed except when the use of such materials is compatible with the historic context of the building and are specifically approved by the heritage preservation officer or heritage preservation board.

3.

No reflective materials and/or paints are allowed except for silver or gold leaf.

F.

Lighting.

1.

Internally illuminated signs shall not be allowed unless internally illuminated signs were utilized in the era in which the building was built.

2.

Neon is considered a limited special use consideration only applicable to signs for use on buildings constructed after 1920. If the majority of the surrounding buildings are of an earlier era, guidelines for the earlier era will be followed.

3.

Prohibited sources of illumination include:

a.

Quartz halogen.

b.

Metal halide.

c.

Mercury vapor.

G.

Sign attachments, including wires, rods, brackets, and other hardware will be compatible to the historic context of the building.

H.

Sign Maintenance.

1.

Signs and sign supports shall be kept in good repair and preserved.

2.

Display surfaces of signs shall be kept neatly painted at all times. Painted signs shall be repainted routinely so as to prevent peeling paint.

3.

Electrical components of signs must be protected from exposure to weather at all times unless they are designed for such exposure.

4.

Electrical circuits to signs that are no longer in use shall be disconnected at the electrical panel and shall be removed.

(Ord. No. 09-024, § II, 3-17-09; Ord. No. 10-064, § I, 10-19-10; Ord. No. 17-010, § I, 2-14-17)

A.

Window signs shall not cover more that twenty (20) percent of the total glass area of the window on which they are placed. The size is determined by an imaginary square or rectangle that encompasses the window sign graphics. A glass door shall be considered a separate window for the purpose of this section.

B.

Regulations for window signs shall extend back twenty-four inches from the inside of the window surface.

C.

Windows may not be covered or obscured with any materials that will impede visibility to include, but not limited to, curtains, wood, fabric, or paper. Horizontal and vertical blinds are permitted provided that they are not closed to a degree that visibility is completely impeded.

D.

Window openings shall be considered present for the purposes of this section unless they have been completely enclosed, are fully integrated into the overall structure of the building and represent finished work by use of similar or like materials of existing wall structure, and that said work was permitted at the time of alteration.

E.

Tinting shall be allowed as a sun screening device but must have a light transmission value of seventy-five (75) percent or more.

F.

Reflective tinting shall be prohibited.

G.

Security bars on windows and doors shall be prohibited in the Historic Overlay District. Interior security gates shall be permitted provided that they are retractable and are retracted during normal business hours.

(Ord. No. 09-024, § II, 3-17-09; Ord. No. 10-064, § I, 10-19-10)

(a)

Nonconforming signs, for the purposes of this division, are signs which are legally constructed or placed at the time of the enactment of this division but fail to conform to this division in one (1) or more respects. Nonconforming signs shall be allowed to continue and reasonable maintenance of said signs shall be allowed. The changes in advertising message and/or maintenance and repair upon an existing sign shall not be considered a relocation, replacement or structural alteration.

(b)

A nonconforming structure may be repaired, used, and maintained in good repair but no such nonconforming structure shall be altered or extended unless the addition or alteration conforms to the provisions of this division.

(c)

Nonconforming signs shall not be relocated or replaced without being brought into compliance with all requirements of this division. A sign will be considered in need of replacement if the repairs to the sign exceed fifty (50) percent of its valuation, as determined by independent, professionally prepared estimates submitted to the permits and inspections department before any construction takes place.

(d)

Permits for existing temporary signs that do not comply with the requirements of this division shall not be renewed.

(e)

A nonconforming sign or sign structure, identifying or advertising any business or activity that ceases to operate on the premises on which the sign is located for a period exceeding twelve (12) months shall thereafter conform to requirements of this division or be removed.

(f)

A nonconforming sign or sign structure identifying or advertising any business or activity that ceases to operate on a leased premises on which the sign is located for a period exceeding twenty-four (24) months shall thereafter conform to requirements of this division or be removed.

(g)

Nonconforming window coverings shall be removed or brought up to requirements of this division within twelve (12) months of the adoption of this division.

(Ord. No. 09-024, § II, 3-17-09; Ord. No. 10-064, § I, 10-19-10)

A building or premises in the district "B-DC" business day care district shall be used only for the following purpose:

(1)

Day care center.

Inactive district. All properties with a "B-DC" district zoning in effect prior to the effective date of the ordinance from which this paragraph is derived shall continue to be allowed to be used for the uses provided in this section, and regulated by the provisions of this section, until such time as the property is rezoned by action initiated by the property owner or by the city. This "B-DC" district shall be considered inactive as of the date of the ordinance from which this paragraph is derived [May 26, 2020] and, as such, no new applications for an "B-DC" zoning shall be accepted or considered by the city following said date.

(Code 1963, Ch. 9, art. 2, § 10-H-1; Ord. No. 20-024, § I, 5-26-20)

The height regulations in the district "B-DC" business day care district shall be as required by Standard Building Code.

(Code 1963, Ch. 9, art. 2, § 10-H-2)

The area regulations in the district "B-DC" business day care district shall be the same as district "B-1."

(Code 1963, Ch. 9, art. 2, § 10-H-3)

Off-street parking and loading spaces in the district "B-DC" business day care district shall be provided in accordance with the requirements of specific uses set forth in article V, division 3 of this Code.

(Code 1963, Ch. 9, art. 2, § 10-H-4)

The screening device requirements for the district "B-DC" business day care district shall be the same as district "B-1."

(Code 1963, Ch. 9, art. 2, § 10-H-5 [Ord. No. 86-23, § 5, 4-22-86])

A building or premises in the district "M-1" manufacturing district shall be used only for the following purposes:

(1)

Any use permitted in the "B-5" district, excluding those uses described in section 31-276(1)(f) and (g)(2) Paper products manufacture.

(2)

Paper products manufacture.

(3)

Wood, paper, plastic container manufacture.

(4)

Stone monument works.

(5)

Petroleum products wholesale storage.

(6)

Processing of chemicals or mineral extractions, not elsewhere classified.

(7)

Food processing.

(8)

Foundry, forge plant, rolling mill, metal fabrication plant.

(9)

Feed mill.

(10)

Petroleum or chemical products manufacture (indoors).

(11)

Planing mill.

(12)

Railroad yard, roundhouse, shop.

(13)

Textile or garment manufacture.

(14)

Automobile, mobile home, heavy equipment manufacture.

(15)

Electroplating.

(16)

Sewage treatment plant.

(17)

Electrical equipment or appliance manufacture (large).

(18)

Furniture, cabinet, kitchen equipment manufacture.

(19)

Oil well tools, oil well equipment manufacture.

(20)

Aircraft, aircraft hardware or parts manufacture.

(21)

Crematoriums.

(Code 1963, Ch. 9, art. 2, § 11-1; Ord. No. 76-46, § 9, 8-10-76; Ord. No. 16-001, § I, 1-12-16; Ord. No. 25-046, § I, 8-19-25)

The height regulations for the district "M-1" manufacturing district shall be the same as district "B-2."

(Code 1963, Ch. 9, art. 2, § 11; Ord. No. 05-69, § VI, 9-13-05)

(a)

Size of yards. The size of yards in the district "M-1" manufacturing district shall be as follows:

(1)

Front yard. Where none of the frontage on either side of the street between two (2) intersecting streets is located in an "R" district, no front yard is required. Where the frontage on one (1) side of the street between two (2) intersecting streets is located partly in district "M-1" and partly in an "R" district, the front yard shall conform to the "R" district regulations for a distance of not less than three hundred (300) feet from the district boundary. Where a front yard is required along the frontage on one (1) side of a street, the front yard requirements of the property directly opposite on the other side of the street shall be not less than twenty-five (25) feet. No parking, storage or similar use shall be allowed in required front yards in district "M-1."

(2)

Side yards. No side yard is required except that a side yard or a side street yard of not less than twenty-five (25) feet in width shall be provided on the side of the lot adjoining or across a side street from an "R" district. No parking, storage or similar use shall be allowed in required side yards or side street yards in district "M-1."

(3)

Rear yards. No rear yard is required except that a rear yard of not less than fifty (50) feet in depth shall be provided upon that portion of a lot abutting or across a rear street from an "R" district, except that such yard requirement shall not apply where the property in the "R" district also backs up to the rear street. No parking, storage or similar use shall be allowed in required rear yards in district "M-1" within twenty-five (25) feet of the rear property line.

(b)

Size of lot. The size of lots in the district "M-1" manufacturing district shall be the same as district "B-2."

(c)

Lot coverage. Lot coverage in the district "M-1" manufacturing district shall be the same as district "B-2."

(Code 1963, Ch. 9, art. 2, § 11-3; Ord. No. 05-69, § VI, 9-13-05)

The off-street parking and loading spaces in the district "M-1" manufacturing district shall be provided in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 11-4)

The screening device requirements in the district "M-1" manufacturing district shall be the same as district "B-1."

(Code 1963, Ch. 9, art. 2, § 11-5 [Ord. No. 70-52, § 3, 8-28-70])

A building or premises in the district "M-2" heavy manufacturing district shall be used for the following purposes:

(1)

Any use permitted in the "M-1" district.

(2)

Grain elevator.

(3)

Flour mill.

(4)

Yeast plant.

(5)

Petroleum or chemical products bulk storage.

(6)

Planing mill.

(7)

Clay products manufacture.

(8)

Galvanizing, hot-dip metal process.

(9)

Any building or premises may be used for any purpose not now or hereafter prohibited by any provision of law; provided, however, that no building shall be erected, reconstructed, or structurally altered for residential purposes, except for resident watchmen and caretakers employed on the premises; and provided further that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the board of adjustment.

The board of adjustment shall consider the application and request the advice and recommendation of the fire marshal and the director of public health or other person discharging the duties of health officer of the city.

If the board finds that the location desired and the use requested will not be dangerous to the health, safety and public welfare of the city in general and the surrounding neighborhood in particular, it shall approve the application. If, on the other hand, the board finds that the location desired and the use requested will gravely endanger the safety of the city and the surrounding neighborhood by reason of fire or explosion or that the use desired at such location will seriously affect the health, welfare and comfort of the city and the surrounding neighborhood by reason of the emission of foul, offensive odors and gases or the discharge of smoke or dust, it may deny the application for approval of the use at that location.

a.

Cotton or cottonseed processing or storage.

b.

Paper manufacture.

c.

Poultry raising or processing.

d.

Stockyards, feed pens, livestock sales with barns and/or shipping facilities.

e.

Slaughter of animals or meat packing.

f.

Boiler works.

g.

Fireworks and munitions manufacture or storage.

h.

Fertilizer manufacture.

i.

Salvage or reclamation of products (outside).

j.

Stone, sand gravel or mineral extraction.

k.

Auto wrecking or salvage yard, in conformance with current ordinance regulating same.

(10)

No use allowed in this district shall be construed to include the sale of beer, wine and/or any other alcoholic beverages at retail.

(Code 1963, Ch. 9, art. 2, § 12-1 [Ord. No. 76-46, § 10, 8-10-76; Ord. No. 77-15, § 1, 3-8-77]; Ord. No. 04-87, § V, 10-19-04)

The height regulations in the district "M-2" heavy manufacturing district shall be the same as district "M-1."

(Code 1963, Ch. 9, art. 2, § 12-2)

(a)

Size of yards. The size of yards in the district "M-2" heavy manufacturing district shall be as follows:

(1)

Front yard. Where none of the frontage on either side of the street between two (2) intersecting streets is located in an "R" or "B" district, no front yard is required. Where the frontage on one (1) side of the street between two (2) intersecting streets is located partly in district "M-2" and partly in an "R" district, the front yard shall conform to the "R" district regulations for a distance of not less than three hundred (300) feet from the district boundary. Where the frontage on one (1) side of a street is in an "R" or "B" district, the front yard requirements of the property directly opposite on the other side of the street shall be not less than fifty (50) feet. No parking, storage or similar use shall be allowed in required front yards in district "M-2" within twenty-five (25) feet of the street line.

(2)

Side yards. No side yard is required except that a side yard or a side street yard of not less than fifty (50) feet in width shall be provided on the side of the lot adjoining or across the street from an "R" or "B" district. No parking, storage or similar use shall be allowed in required side yards in district "M-2" within twenty-five (25) feet of the side property line.

(3)

Rear yards. No rear yard is required except that a rear yard of not less than fifty (50) feet in depth shall be provided upon that portion of a lot abutting or across a rear street from an "R" or "B" district. No parking, storage or similar use shall be allowed in required rear yards in district "M-2" within twenty-five (25) feet of the rear property line.

(b)

Size of lot. The size of lots in the district "M-2" heavy manufacturing district shall be the same as district "B-2."

(c)

Lot coverage. Lot coverage in the district "M-2" heavy manufacturing district shall be the same as district "B-2."

(Code 1963, Ch. 9, art. 2, § 12-3; Ord. No. 05-69, § VII, 9-13-05)

Off-street parking and loading spaces in the district "M-2" heavy manufacturing district shall be provided in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(Code 1963, Ch. 9, art. 2, § 12-4)

The screening device requirements in the district "M-2" heavy manufacturing district shall be the same as district "B-1."

(Code 1963, Ch. 9, art. 2, § 12-5 [Ord. No. 70-52, § 3, 8-28-70])

The purpose of the university district is to preserve and enhance surrounding property values, prevent overcrowding of land and undue concentration of population, and to promote land use consistent with neighboring properties.

(Ord. No. 16-028, § I, 6-28-16)

The university district regulations apply to all property located in the current or future corporate city limits for a depth of one thousand five hundred (1,500) feet at the following locations: north of the State Highway 201 right-of-way for a distance of approximately sixty-six hundred (6,600) feet west of the intersection of State Highway 201 and State Highway 195; west and east of the State Highway 195 right-of-way for a distance of approximately one thousand five hundred (1,500) feet north of the intersection of State Highway 195 and State Highway 201; and, east of the State Highway 195 right-of-way for a distance of approximately seventy-six hundred (7,600) feet south of the intersection of State Highway 195 and State Highway 201, the first nine hundred and fifty (950) feet of depth within this segment of the district, as measured from State Highway 195, shall be designated for commercial use. The remaining five hundred and fifty (550) feet of depth of this segment shall be designated for mixed-use development, or residential use via a conditional use permit.

(Ord. No. 06-48, § II, 5-9-06; Ord. No. 12-033, § I, 7-10-12)

(a)

A building or premises in the university district shall only be used for uses permitted in the "B-2" district, subject to the provisions of this division, and for the following purposes:

(1)

Bank, savings and loan or other financial institution excluding credit access businesses as defined by the Texas Finance Code.

(2)

Hospital, nursing home, or assisted living facility.

(3)

Household appliance sales and repair service, no outside storage.

(4)

Retail bakery or confectionery: engaged in preparation, baking, cooking, selling and delivery of products.

(5)

Business day care.

(6)

Bowling alleys.

(7)

Cleaning or laundry (self-service).

(8)

Cleaning or laundry, (pick-up station).

(9)

Florist, garden shop, greenhouse or nursery office (retail): no growing of plants, shrubs or trees out-of-doors on premises; no outside display or storage unless behind the required front yard or the actual setback of the principal building, whichever is greater.

(10)

General food products, retail sales, such as supermarkets, butcher shops, dairy stores, seafood sales or health food sales.

(11)

Cafeteria or catering service.

(12)

Office, general business.

(13)

Restaurant or café (with drive-thru or dine in service).

(14)

Tennis, swim club, health club or gym.

(15)

Small animal clinic or pet grooming shop.

(16)

Hotel or motel.

(17)

Job printing.

(18)

Gasoline service station, auto laundry, car wash, or oil / lube service station.

(19)

Retail sales of new auto parts: no outside storage.

(20)

A customarily incidental use: sale of beer and/or wine for off-premises consumption only shall be considered a customarily incident use in this district.

(21)

Theaters of general release.

(22)

A restaurant permitted to offer alcoholic beverages for sale operating under the rules and regulations promulgated by the Texas Alcoholic Beverage Commission, as amended, and in accordance with chapter 31, division 16, restaurant and alcohol sales district, as amended.

(23)

Package stores operating under the rules and regulations promulgated by the Texas Alcoholic Beverage Commission, as amended, and in accordance with chapter 31, division 12A, district B-3A, local business and alcohol sales district, as amended.

(24)

Mixed-use development, being located nine hundred fifty (950) feet to one thousand five hundred (1,500) feet east of the east right-of-way of State Highway 195, and for a distance of approximately seventy-six hundred (7,600) feet south of the intersection of State Highway 195 and State Highway 201, for the commercial and residential use of a building, set of buildings, or neighborhood, where the first floor is designed, constructed and used for commercial use only while allowing access to residential uses.

(25)

Art gallery, book store or library.

(b)

Any conflict between this district and the districts incorporated herein, or the regulations provided by the other districts, shall be resolved so that the most stringent provision shall control.

(Ord. No. 06-48, § II, 5-9-06; Ord. No. 12-033, § I, 7-10-12; Ord. No. 16-028, § I, 6-28-16; Ord. No. 20-024, § I, 5-26-20)

The city council by an affirmative majority vote may by ordinance grant a conditional use permit as provided in section 31-456 of this chapter for any residential or business land use for a specific parcel in the overlay district and may impose appropriate conditions and safeguards to assure that these land uses are compatible with and appropriate for locations adjacent to the future four-year university. Conditional use permits granted shall be considered permanent provided the property owner remains in continuous compliance with any conditions or safeguards imposed.

(Ord. No. 06-48, § II, 5-9-06; Ord. No. 10-059, § III, 9-28-10)

No building or structure in university district "UD" shall exceed four (4) stories or forty-five (45) feet in height. The height of any building or structure in this district that exceeds thirty-five (35) feet shall provide an additional one (1) foot to every applicable setback distance for each one (1) foot of additional building or structure height over thirty-five (35) feet.

(a)

Size of yards. The size of yards in the university district "UD" shall be as follows:

(1)

Front yard. There shall be a front yard having a minimum depth of thirty (30) feet. No parking, storage or similar use shall be allowed in required front yards in district "UD," except that automobile parking will be permitted in such yards in accordance with off-street parking requirements.

(2)

Side yard. A side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a side street. A side yard of not less than ten (10) feet in width shall be provided on the side of a lot adjoining any "R" zoned residential district. Otherwise, no side yard is required. No parking, storage, or similar use shall be allowed in any required side yard or in any required side street yard adjoining any "R" zoned residential district, except automobile parking in accordance with off-street parking requirements.

(3)

Rear yard. There shall be a rear yard having a minimum depth of ten (10) feet. No parking, storage or similar use shall be allowed in required rear yards in district "UD."

(b)

Size of lot. There are no limitations to the size of lots in the district "UD" professional business district.

(Ord. No. 06-48, § II, 5-9-06; Ord. No. 12-033, § I, 7-10-12; Ord. No. 16-028, § I, 6-28-16)

(a)

Off-street parking and loading spaces shall be provided in the university district "UD" in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(b)

The screening device requirements in the university district "UD" shall be the same as required in the "B-1" district except that screening shall be required before the use of any commercial structure when such property abuts a residential zoned property or property used solely for residential purposes.

(c)

No off-premises signs, neon signs or electronic message display signs shall be permitted in this district. Signage in this district shall follow the standards outlined below:

(1)

On-premises signs are restricted to one (1) sign per lot, except that premises which have more than three hundred (300) feet of combined frontage along a public way or street, other than an alley, may have not more than one (1) additional sign for each additional three hundred (300) feet of frontage or fraction thereof. The permitted sign shall be set back ten (10) feet from the property line, shall not exceed ten (10) feet in height, the face shall not exceed one hundred (100) square feet and the sign shall be constructed of masonry material to match the building facade.

(2)

Window signs shall not cover more than twenty-five (25) percent of the total glass area of the window on which they are placed. The size is determined by an imaginary square or rectangle that encompasses the window sign graphics. A glass door shall be considered a separate window for the purpose of this section.

(3)

The maximum size for signage on the front of a building is based on the following guideline: For every one (1) linear foot of building primary or entry frontage one (1) square foot of sign area is allowed. For multi-tenant buildings one and one-half (1.5) square feet of sign area is allowed for every one (1) linear foot of building primary or entry frontage. Signs on secondary or side-street frontages should not exceed the size of sign on the primary or entrance frontage.

(4)

Sign maintenance:

(A)

Signs and sign supports shall be kept in good repair and preserved.

(B)

Display surfaces of signs shall be kept neatly painted at all times.

(C)

Painted signs shall be repainted routinely so as to prevent peeling paint.

(D)

Electrical components of signs must be protected from exposure to weather at all times unless they are designed for such exposure.

(E)

Electrical circuits to signs that are no longer in use shall be disconnected at the electrical panel and shall be removed.

(d)

All outdoor lighting shall comply article V, division 12 of this chapter.

(e)

Parking lot islands with a canopy tree in each should be at the end of each parking row. An additional parking lot island with a canopy tree shall be added to each parking row for every fifteen (15) spaces or fraction thereof. Canopy trees shall be in accordance with the landscaping requirements set forth in section 31-445. The islands shall have raised curbing not less than six (6) inches in height and an area of not less than one hundred eighty (180) square feet for single parking row end islands or three hundred sixty (360) square feet for double row parking end islands.

(f)

Bay dividers shall be provided in order to prevent uncontrolled movement across parking areas, to separate the parking areas from the adjacent property, and to increase the safety of individuals using the parking lot. Dividers shall be provided on every other parking row and conform to one (1) of the following standards:

(1)

Raised dividers shall have raised six-inch curbing and be a minimum of six (6) feet in width measured from face of curb to face of curb and tie in with the end island to provide safety for pedestrians.

(2)

Raised dividers that are landscaped shall have raised six-inch curbing and be a minimum of seven (7) feet in width and tie in to the end island.

(g)

Parking slots in the numbers provided in the table below shall be reserved for each of the following groups per parking lot: Purple Heart recipients, Gold Star recipients. All spaces shall be located adjacent to required handicapped parking space(s). Purple Heart and Gold Star signs should conform to criteria promulgated by the executive director of planning and development services or designee.

3 to 50 slots: 1

51 to 75 slots: 2

76 to 100 slots: 3

100 and above: 4

(Ord. No. 06-48, § II, 5-9-06; Ord. No. 12-033, § I, 7-10-12; Ord. No. 16-028, § I, 6-28-16; Ord. No. 24-016, § I, 5-14-24)

(a)

Big box buildings, such as department stores, variety stores, warehouse retail centers, grocery stores, furniture warehouse stores and similar buildings thirty thousand (30,000) square feet and larger shall be designed such that the exterior façade has the appearance of several smaller, human scale, buildings through the use of vertical treatments and a mix of design elements that may include windows, canopies, decorative lighting, stepped building faces, etc.

(b)

Windows and/or glass walls shall be provided on commercial building walls when visible from public rights-of-way. Windows shall makeup no less than ten (10) percent of the entire building facade. At a minimum, false windows may be used on rear and side walls visible from public streets.

(c)

Exterior walls exceeding fifty (50) feet in length facing public streets shall be articulated to reduce the mass and scale of a uniform impersonal appearance of large buildings and to provide visual interest. No uninterrupted length shall exceed fifty (50) feet and architectural features shall be provided with a minimum of four (4) of the following elements:

(1)

Variation in color and materials.

(2)

Wall plane projections or recesses having a depth of at least one (1) foot and extending at least three (3) feet. Colonnades may be used instead of the projections, or pilasters.

(3)

Projecting entrances, having clearly defined, highly visible, overhangs, canopies, peaked roof forms, raised corniced parapets over the door, or arches, or any combination of these.

(4)

Canopies projecting a minimum of four (4) feet from the plane of the primary façade walls. The minimum combined lengths of the canopies shall be at least fifty (50) percent of the length of the walls visible from public rights-of-way.

(5)

Banding shall be complimentary to scale with the building (as approved by the executive director of planning and development services).

(6)

Repetitive ornamentation including decorated wall-mounted light fixtures. Such ornamentation shall be located with a maximum spacing of forty (40) feet.

(7)

Stepped building faces (offsets in from elevation).

(d)

Where the exterior wall is on a side street faux architectural detailing and windows shall be created to simulate three (3) dimensional relief.

(e)

Roof designs must conform to one (1) of the following options:

(1)

Roof line with architectural focal point(s) (refers to a prominent rooftop features(s) such as a peak, tower, gable, dome, barrel vault or roof line trellis structure).

(2)

Where overhanging eaves are used they shall be two (2) or more feet beyond supporting wall with a minimum fascia width of eight (8) inches.

(3)

Roof line variations may include:

a.

Projecting cornice. Roof line articulated through a variation or step in cornice height of detail. Cornices must be located at or near the top of the wall or parapet.

b.

Pitched roof or full mansard. A roof with angled edges and extended eaves no less than eight (8) feet in height.

c.

Three (3) roofline variations with a minimum of three (3) feet in height of parapet variation. Variation to parapet height may include pilasters and projecting raised entrance features; with peaked roof forms or similar treatments.

(f)

Equipment placed on the roof of buildings shall be screened from view of the public.

(g)

The executive director of planning and development services or designee may grant an administrative approval to use design elements not listed when the intent of the regulations is met, or when special situations arise regarding the rear and sides of buildings.

(Ord. No. 16-028, § I, 6-28-16; Ord. No. 19-040, § I, 9-10-19)

Editor's note— Ord. No. 20-038, § I, adopted August 18, 2020, repealed § 31-445 which pertained to landscaping requirements and derived from Ord. No. 16-028, § I, adopted June 28, 2016.

The purpose of the cemetery district is to preserve and enhance surrounding property values, prevent overcrowding of land and undue concentration of population, and to promote land use consistent with neighboring properties.

(Ord. No. 16-027, § I, 6-28-16)

The cemetery district regulations apply to all property located in the current or future corporate city limits for a depth of one thousand five hundred (1,500) feet at the following locations: east of the State Highway 195 right-of-way for a distance of approximately forty-nine hundred (4,900) feet north of the intersection of State Highway 195 and Chaparral Road; and, east of the State Highway 195 right-of-way for a distance of approximately one thousand five hundred (1,500) feet south of the intersection of State Highway 195 and Chaparral Road. The first nine hundred fifty (950) feet of depth within the district, as measured from State Highway 195, shall be designated for commercial use. The remaining five hundred fifty (550) feet of depth of this segment shall be designated for mixed-use development, or residential use via a conditional use permit.

(Ord. No. 06-48, § III, 5-9-06; Ord. No. 12-034, § I, 7-10-12)

(a)

Building on premises in "CD" district shall be used only for the following purposes:

(1)

Offices of practitioners of the recognized professions, as herein defined:

a.

Professional building. Any structure used solely for the housing of professional offices of recognized professions.

b.

Professions, recognized. Members of a recognized profession include those persons and customary staff normally considered as professional, and shall be deemed to include doctors, dentists, lawyers, architects, certified public accountants, registered engineers and related professions.

(2)

Uses customarily incidental to the primary use, as hereinafter provided, subject to the special conditions contained in subsection 31-276(3).

a.

Physical therapy clinic.

b.

Chemical or x-ray laboratory.

c.

Dispensing optician.

d.

Dental laboratory.

(3)

Buildings may be used for one (1) or more of the uses prescribed in subsection (2) of this section only under the following conditions:

a.

Public access to such incidental uses shall be from the interior of the building.

b.

No parking space shall occupy any part of the required front yard, except as provided in article V, division 3.

c.

Sign standards for this district shall apply to both primary and incidental uses.

d.

No building in this district shall be constructed or altered to produce a storefront, show, window or display window, and there shall be no merchandise visible from the exterior of the building.

e.

No outside storage shall be permitted in this district.

(4)

Office, general business.

(5)

Business day care

(6)

Bakery shop (retail sales only).

(7)

Personal services.

(8)

Construction field office and yard: on the job site; for duration of construction only.

(9)

Mortuary or funeral chapel.

(10)

Drugstore or pharmacy.

(11)

Florist (retail) retail sales of flowers and small plants. No flowers or plant raising or outside display or storage.

(12)

Cafeteria or catering service.

(13)

Restaurant or café (dine-in service).

(14)

Tennis, swim club, health club or gym.

(15)

Art gallery, bookstore or library.

(16)

Mixed-use residential, as defined by V.T.C.A., Local Government Code § 218.001, provided that such development shall be vertical mixed-use comprised of residential and nonresidential uses in the same building on the same lot and is not located within one thousand (1,000) feet of an existing heavy industrial use or within three thousand (3,000) feet of an airport or military base.

(17)

Multifamily residential, provided that such development provides for at least three (3) dwelling units per building and is not located within one thousand (1,000) feet of an existing heavy industrial use, or within three thousand (3,000) feet of an airport or military base.

(b)

Any conflict between this district and the districts incorporated herein, or the regulations provided by the other districts, shall be resolved so that the most stringent provision shall control.

(Ord. No. 06-48, § III, 5-9-06; Ord. No. 12-034, § I, 7-10-12; Ord. No. 16-027, § I, 6-28-16; Ord. No. 20-024, § I, 5-26-20; Ord. No. 25-046, § I, 8-19-25)

The city council by an affirmative majority vote may by ordinance grant a conditional use permit as provided in section 31-456 of this chapter for any residential or business land use for a specific parcel in the overlay district and may impose appropriate conditions and safeguards to assure that these land uses are compatible with and appropriate for locations adjacent to the Veterans Cemetery. Conditional use permits granted shall be considered permanent provided the property owner remains in continuous compliance with any conditions or safeguards imposed.

(Ord. No. 06-48, § III, 5-9-06; Ord. No. 10-058, § III, 9-28-10; Ord. No. 12-034, § I, 7-10-12)

No building or structure in district "CD" cemetery district shall exceed forty-five (45) feet in height. The height of any building or structure in this district that exceeds thirty-five (35) feet shall provide an additional one (1) foot to every applicable setback distance for each one (1) foot of additional building or structure height over thirty-five (35) feet.

(a)

Size of yards. The size of yards in the district "CD" cemetery district shall be as follows:

(1)

Front yard. There shall be a front yard having a minimum depth of thirty (30) feet. No parking, storage or similar use shall be allowed in required front yards in district "CD," except that automobile parking will be permitted in such yards in accordance with off-street parking requirements.

(2)

Side yard. A side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a side street. A side yard of not less than ten (10) feet in width shall be provided on the side of a lot adjoining any "R" zoned residential district. Otherwise, no side yard is required. No parking, storage, or similar use shall be allowed in any required side yard or in any required side street yard adjoining any "R" zoned residential district, except automobile parking in accordance with off-street parking requirements.

(3)

Rear yard. There shall be a rear yard having a minimum depth of ten (10) feet. No parking, storage or similar use shall be allowed in required rear yards in district "CD."

(b)

Size of lot. There are no limitations to the size of lots in the district "CD" professional business district.

(Ord. No. 06-48, § III, 5-9-06; Ord. No. 12-034, § I, 7-10-12; Ord. No. 16-027, § I, 6-28-16)

(a)

Off-street parking and loading spaces shall be provided in the "CD" cemetery district in accordance with the requirements for specific uses set forth in article V, division 3 of this chapter.

(b)

The screening device requirements in the district "CD" cemetery district shall be the same as required in the "B-1" district except that screening shall be required before the use of any commercial structure when such property abuts a residential zoned property or property used solely for residential purposes.

(c)

No off-premises signs, neon signs or EVMS signs shall be permitted in this district. Signage in this district shall follow the standards outlined below:

(1)

On-premises signs are restricted to one (1) sign per lot, except that premises which have more than three hundred (300) feet of combined frontage along a public way or street, other than an alley, may have not more than one (1) additional sign for each additional three hundred (300) feet of frontage or fraction thereof. The permitted sign shall be set back ten (10) feet from the property line, shall not exceed ten (10) feet in height, the face shall not exceed one hundred (100) square feet and the sign shall be constructed of masonry material to match the building facade.

(2)

Window signs shall not cover more than twenty-five (25) percent of the total glass area of the window on which they are placed. The size is determined by an imaginary square or rectangle that encompasses the window sign graphics. A glass door shall be considered a separate window for the purpose of this section.

(3)

The maximum size for signage on the front of a building is based on the following guideline: For every one (1) linear foot of building primary or entry frontage one (1) square foot of sign area is allowed. For multi-tenant buildings one and one-half (1.5) square feet of sign area is allowed for every one (1) linear foot of building primary or entry frontage. Signs on secondary or side-street frontages should not exceed the size of sign on the primary or entrance frontage.

(4)

Sign maintenance:

(A)

Signs and sign supports shall be kept in good repair and preserved.

(B)

Display surfaces of signs shall be kept neatly painted at all times.

(C)

Painted signs shall be repainted routinely so as to prevent peeling paint.

(D)

Electrical components of signs must be protected from exposure to weather at all times unless they are designed for such exposure.

(E)

Electrical circuits to signs that are no longer in use shall be disconnected at the electrical panel and shall be removed.

(d)

All outdoor lighting shall comply with article V, division 12 of this chapter.

(e)

Parking lot islands with a canopy tree in each should be at the end of each parking row. An additional parking lot island with a canopy tree shall be added to each parking row for every fifteen (15) spaces or fraction thereof. Canopy trees shall be in accordance with the landscaping requirements set forth in section 31-454. The islands shall have raised curbing not less than six (6) inches in height and an area of not less than one hundred eighty (180) square feet for single parking row end islands or three hundred sixty (360) square feet for double row parking end islands.

(f)

Bay dividers shall be provided in order to prevent uncontrolled movement across parking areas, to separate the parking areas from the adjacent property, and to increase the safety of individuals using the parking lot. Dividers shall be provided on every other parking row and conform to one (1) of the following standards:

(1)

Raised dividers shall have raised six-inch curbing and be a minimum of six (6) feet in width measured from face of curb to face of curb and tie in with the end island to provide safety for pedestrians.

(2)

Raised dividers that are landscaped shall have raised six-inch curbing and be a minimum of seven (7) feet in width and tie in to the end island.

(g)

Parking slots in the numbers provided in the table below shall be reserved for each of the following groups per parking lot: Purple Heart recipients, Gold Star recipients. All spaces shall be located adjacent to required handicapped parking space(s). Purple Heart and Gold Star signs should conform to criteria promulgated by the executive director of planning and development services or designee.

3 to 50 slots: 1

51 to 75 slots: 2

76 to 100 slots: 3

100 and above: 4

(Ord. No. 06-48, § III, 5-9-06; Ord. No. 12-034, § I, 7-10-12; Ord. No. 16-027, § I, 6-28-16; Ord. No. 24-016, § I, 5-14-24)

(a)

Big box buildings, such as department stores, variety stores, warehouse retail centers, grocery stores, furniture warehouse stores and similar buildings thirty thousand (30,000) square feet and larger shall be designed such that the exterior façade has the appearance of several smaller, human scale, buildings through the use of vertical treatments and a mix of design elements that may include windows, canopies, decorative lighting, stepped building faces, etc.

(b)

Windows and/or glass walls shall be provided on commercial building walls when visible from public rights-of-way. Windows shall makeup no less than ten (10) percent of the entire building facade. At a minimum, false windows may be used on rear and side walls visible from public streets.

(c)

Exterior walls exceeding fifty (50) feet in length facing public streets shall be articulated to reduce the mass and scale of a uniform impersonal appearance of large buildings and to provide visual interest. No uninterrupted length shall exceed fifty (50) feet and architectural features shall be provided with a minimum of four (4) of the following elements:

(1)

Variation in color and materials.

(2)

Wall plane projections or recesses having a depth of at least one (1) foot and extending at least three (3) feet. Colonnades may be used instead of the projections, or pilasters.

(3)

Projecting entrances, having clearly defined, highly visible, overhangs, canopies, peaked roof forms, raised corniced parapets over the door, or arches, or any combination of these.

(4)

Canopies projecting a minimum of four (4) feet from the plane of the primary façade walls. The minimum combined lengths of the canopies shall be at least fifty (50) percent of the length of the walls visible from public rights-of-way.

(5)

Banding shall be complimentary to scale with the building (as approved by the executive director of planning and development services).

(6)

Repetitive ornamentation including decorated wall-mounted light fixtures. Such ornamentation shall be located with a maximum spacing of forty (40) feet.

(7)

Stepped building faces (offsets in from elevation).

(d)

Where the exterior wall is on a side street faux architectural detailing and windows shall be created to simulate three-dimensional relief.

(e)

Roof designs must conform to one (1) of the following options:

(1)

Roof line with architectural focal point(s) (refers to a prominent rooftop features(s) such as a peak, tower, gable, dome, barrel vault or roof line trellis structure).

(2)

Where overhanging eaves are used they shall be two (2) or more feet beyond supporting wall with a minimum fascia width of eight (8) inches.

(3)

Roof line variations may include:

(A)

Projecting cornice. Roof line articulated through a variation or step in cornice height of detail. Cornices must be located at or near the top of the wall or parapet.

(B)

Pitched roof or full mansard. A roof with angled edges and extended eaves no less than eight (8) feet in height.

(C)

Three (3) roofline variations with a minimum of three (3) feet in height of parapet variation. Variation to parapet height may include pilasters and projecting raised entrance features; with peaked roof forms or similar treatments.

(f)

Equipment placed on the roof of buildings shall be screened from view of the public.

(g)

The executive director of planning and development services or designee may grant an administrative approval to use design elements not listed when the intent of the regulations is met, or when special situations arise regarding the rear and sides of buildings.

(Ord. No. 16-027, § I, 6-28-16; Ord. No. 19-040, § I, 9-10-19)

Editor's note— Ord. No. 20-038, § I, adopted August 18, 2020, repealed § 31-454 which pertained to landscaping requirements and derived from Ord. No. 16-027, § I, adopted June 28, 2016.