(A)

The city is hereby divided into 13 zoning districts. Portions of each district may also be designated as being within an overlay zone and thus be subject to the additional regulations of these districts. The regulations established are uniform for each class of buildings within each district.

(B)

The districts established herein shall be known as:

R1 Single-Family District 1

R2 Two-Family District 2

R3 Multi-Family District 3

R4 General Residential District 4

MH Mobile Home District

MU Mixed Use District

C1 Neighborhood Service District

C2 Retail District

C3 Central Business District

C4 Commercial District

I1 Light Industrial District

I2 Heavy Industrial District

Ag Agricultural District

Special Overlay District

OH Historical District

OF Flood Plain District

OAP-CZ Accident Potential District-Clear Zone

OAP-1 Accident Potential District-Zone I

OAP-2 Accident Potential District-Zone II

ON2 Noise Impact 2 District

ON3 Noise Impact 3 District

OPUD Planned Unit Development

(1962 Code, § 11-2-1; Ord. 2010-12, passed 5-17-2010)

(A)

The boundaries of the zoning districts are delineated upon the map or maps entitled "zoning map of the city," the map being a part of this article as fully as if the same were set forth herein in detail.

(B)

Three original, official and identical zoning maps of the city, are hereby adopted bearing the signature of the Mayor and the certification of the City Secretary and shall be filed and maintained as follows:

(1)

One copy shall be filed with the City Secretary and be retained as the original record and shall not be changed in any manner.

(2)

One copy shall be filed with the Building Official and shall be maintained up to date by the City Planner by posting thereon all changes and subsequent amendments, including the ordinance number, for observation in issuing building permits, certificates of compliance and occupancy, and enforcing the ordinance.

(3)

One copy shall be filed in the office of the City Planning Department and shall be maintained up to date by posting all amendments and changes thereon.

(4)

Reproductions of the official zoning map may be made for public distribution or municipal use. A charge based upon the actual materials cost shall be collected.

(1962 Code, § 11-2-2)

(A)

District boundary lines not established by legal definition shall be determined as follows:

(1)

Boundaries indicated as approximately following the centerlines of streets, alleys or easements shall be construed to follow such centerlines.

(2)

Boundaries following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as following city limits shall be construed as following the city limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way.

(5)

Boundaries indicated as following shore lines shall be construed to follow the shore line and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerline of rivers, streams, or other bodies of water shall be construed as following such centerlines.

(6)

Boundaries indicated as parallel to or extensions of features indicated on the map shall be so construed. Distances not specifically designated shall be determined by the scale of the map.

(7)

Whenever any street, alley or other public way is vacated by official action of the City Commission, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all area so involved shall then and henceforth be subject to all regulations of the extended districts.

(B)

Where physical features on the ground are at variance with information shown on the official zoning map or when there arises a question as to how or whether a parcel is zoned and such question cannot be administratively resolved by the application of division (A), the property shall be temporarily classified as an Agricultural District in the same manner as provided for in newly annexed territory and the issuance of a building permit and certificate of compliance and occupancy shall be in accordance with the provisions of § 15-6-18 for temporarily zoned areas.

(1962 Code, § 11-2-3)

(A)

All territory hereafter annexed to the city shall be classified as Ag Agricultural District, until permanent zoning is established by the City Commission. The procedure for establishing permanent zoning shall conform to the procedure of amending this article.

(B)

In an area classified as Ag Agricultural District:

(1)

No person shall erect, construct, repair or alter any building or structure or initiate any occupancy of use of any structure, building, or land or cause the same to be done in any newly annexed territory to the city without first obtaining a building permit or certificate of compliance and occupancy as herein required.

(2)

No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit for construction or uses which comply fully with the regulations of the Ag Agricultural District, unless and until such territory has been classified in a zoning district other than Ag Agricultural District, by the City Commission.

(1962 Code, § 11-2-4; Ord. 84009, passed 6-18-84)

Cross reference— Penalty, see § 15-6-999.

Land and building in each of the following districts may be used for any of the following listed uses but no land hereafter will be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified for the district in which it is located as set forth by the Use Chart located in Appendix A and Appendix B at the end of this article.

(1962 Code, § 11-2-5; Ord. 84009, passed 9-10-84; Ord. 90036, passed 8-27-90)

Cross reference— Penalty, see § 15-6-999.

(A)

Should the Building Inspector determine that a type or form of land use which an applicant is seeking to locate in the city does not appear as a permitted or conditional use, he shall refer the request to the City Planner.

(B)

The City Planner shall determine the appropriate classification of the new or unlisted use as follows:

(1)

Should the City Planner determine that the new or unlisted use for all intent and purposes, is listed under another name or category he shall so inform the Building Inspector to proceed accordingly; or

(2)

The City Planner shall consider all facts concerning the nature of the use, types of activities to be conducted, the amount of noise, odor, fumes, dust, toxic material, vibration, and traffic likely to be generated, and the general impact on public utilities;

(a)

He shall meet with interested parties to consider the compatibility of the proposed use with the uses permitted in the various districts and determine the zoning district or districts, if any, within which such use should be allowed as a permitted or special use.

(b)

The City Planner shall transmit his findings and recommendations to the Planning and Zoning Commission for recommendation. The City Commission shall by ordinance make such determination concerning the classification of such use as is determined appropriate.

(3)

The Building Inspector shall maintain a copy of the ordinance and treat all subsequent requests for the use accordingly.

(1962 Code, § 11-2-6)

For the purpose of this subarticle, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Accessory building/use. A subordinate building on the same lot with a principal building for exclusive use for accessory uses as defined. A use which is clearly incidental and subordinate to the use of the main use of the property; and commonly associated with the principal use, including semi-public and auxiliary parking when approved.

Alternative mounting structure. A manmade tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas.

Amusement, commercial (indoor). Any amusement enterprise offering entertainment or games of skill, not elsewhere listed, wholly enclosed in a building including a bowling alley, billiard or pool hall, pinball parlor, electronic games, or similar activities.

Amusement, commercial (outdoor). Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, not elsewhere listed, wherein any portion of the activity takes place in the open, including a golf driving range, amusement park, miniature golf, or similar activities.

Antenna. A structure or device used to collect or radiate electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omnidirectional antennas, such as whips, but not including satellite earth stations.

Antenna, amateur radio. An antenna used by an amateur radio operator that is less than 50 feet (15 meters) in height, and whip antennas less than four inches in diameter and less than ten feet (three meters) in height.

Antenna array. An arrangement of antennas and their supporting structure.

Antenna, dish. A parabolic or bowl-shaped device that receives and/or transmits signals in a specific directional pattern.

Antenna, panel. An antenna that receives and/or transmits signals in a directional pattern.

Antenna, radio and television broadcast. An antenna used to broadcast commercial radio and television signals, including digital broadcasts and other digital transmissions by a licensed radio or television broadcast station.

Antenna, stealth. A telecommunications antenna that is effectively camouflaged or concealed from view.

Antenna, telecommunications. An antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 50 feet (15 meters) in height, whip antennas less than four inches in diameter and less than ten feet (three meters) in height, and radio and television broadcast antennas.

Antenna, whip. An omnidirectional dipole antenna of cylindrical shape that is no more than six inches (15 centimeters) in diameter.

Appliance service or repair. This term includes major and small appliances as well as radio and television.

Bakery or confectionery shop, retail. A place for preparing, baking, or selling all products on the premises where prepared (no deliveries to buyers, wholesaler, or other retail outlets).

Basement. A story below the first story as hereinafter defined.

Boarding or rooming house. A building other than a hotel, where lodging is permitted or meals are served for compensation.

Brewpub. An establishment which holds a valid permit from the Texas Alcohol Beverage Control Board for the manufacture, processing and packaging of alcoholic beverages that can make and sell beer on-site to sell off and on site, that can self-distribute to stores and bars, that can sell other beers for on-site consumption but only their own beer to-go, and that is limited in production to 10,000 barrels a year.

Cargo containers. A metal structure specifically constructed for shipment of goods by ship, rail, or truck that is later used as a place to store goods and materials.

Cleaning or laundry self service shop. Self service shop with customer operated machines.

Cleaning shop or laundry, limited area. A custom cleaning shop not exceeding 5,000 square feet of floor area.

Climate-controlled self-storage. A self-storage facility consisting mostly of interior units wherein the air temperature and humidity are regulated. These can be found in multi-story buildings.

Club (private). An organization, group or association supported by the members thereof, the sole purpose of which is to render a service customarily rendered for members and the guests, the chief activity of which is customarily carried on as a business and does not include labor union organizations or similar labor or business organizations.

Co-location. A single telecommunications tower and/or site used by more than one telecommunications service provider.

Community center (private). A central social and recreational building as part of a housing development.

Construction Fence. A fence that is temporary in nature, but serves as a barrier to prevent unwanted entry into a site where construction is underway. Fencing materials may include but are limited to orange barrier fence secured to metal posts and inter-locking chain link fencing.

Country club (private). A private recreational club with restricted membership, which provides a golf course, clubhouse, swimming pool, tennis court or similar facilities, none of which are available to the general public.

Day nursery or kindergarten. An establishment possessing all necessary licenses where five or more children are left for care or training, not admitting or taking children above the age of eight.

Dormitories. Any building arranged or designed for two or more dwelling units and with two or more sleeping positions per room for students.

Dwelling, above business. A dwelling unit located on or above the second floor, from ground level, over a business establishment.

Dwelling, multiple-family. Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments which is occupied as a home or place of residence by three or more families living in independent dwelling units.

Dwelling, one-family attached. A dwelling joined to another dwelling at one or more points by a party wall or abutting separate walls, which is erected upon a separate lot of record and is designed for occupancy by one family.

Dwelling, one-family detached. A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract, and having no physical connection to a building located on any other lot or tract.

Dwelling, two-family. A single structure designed and constructed with two living units under a single roof for occupancy by two families.

Dwelling unit. A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters and includes sanitary, sleeping and food preparation facilities.

Fairground. Open space of land where fairs, exhibitions, or other public events are held on a permanent location.

Family. Defined for purposes of R1, R2 and MH Zones: Any number of individuals living together in a dwelling unit which are related by blood, marriage, or adoption, or up to and including three unrelated individuals. Defined for purposes of R3 and R4 Zones: Any number of individuals living together in a dwelling unit which are related by blood, marriage, or adoption, or up to and including four unrelated individuals.

Family food production. Raising of crops for family use.

Farm. An area of 10 or more acres which is used for growing of usual farm products, vegetables, fruits, trees, and grains and for the raising thereon of the usual farm poultry and farm animals such as horse, cattle, and sheep and the necessary accessory uses for raising and treating and storing products used on the premises.

Farm accessory building. A structure other than a dwelling on a farm for the shelter, protection or storage of the usual farm equipment, animals or crops.

Fraternity or sorority house. A building designed as group living quarters for members only and offering social and recreational activities.

Gasoline sales. An automobile service station which excludes the repairing, painting, or upholstering of motor vehicles.

Hobby. An accessory use carried on by the occupant of the premises in a shop, studio or other workroom, purely for personal enjoyment, amusement or recreation; provided that the articles produced or constructed in the shop, studio or workroom are not sold either on or off the premises, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.

Home occupation. An accessory use carried out by the occupants for compensation in a residential dwelling unit.

Hospital (acute care). An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas.

Hotel or motel. Any building which is designed to cater to transient occupancy, offering temporary abiding space to individuals and families. To be classified as a hotel or motel an establishment shall contain individual guest rooms and furnish services such as linens, maids and furnishings.

Institutions of religious or philanthropic nature. An institution sponsored or operated by organizations established for religious or philanthropic purposes.

Kennel. Any premises in which four or more dogs three months of age or older are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs is conducted; does not include veterinary hospitals or humane societies.

Light manufacturing processes. Manufacturing processing which do not emit detectable dust, odor, smoke, gas, or fumes beyond the property lines of the lot or tract upon which the use is located and which do not generate noises or vibrations above the ambient level of noise.

Lot. A parcel of land platted in a subdivision occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area as are required by this article and having frontage upon or access to a street. Except for group dwellings, not more than one dwelling structure shall occupy any one lot.

Manufactured housing or manufactured home. A HUD-code manufactured home or a mobile home and collectively means and refers to both. The definition of mobile home, HUD-code manufactured home, and manufactured home as set forth in this section are binding on all persons and agencies in this state and under the jurisdiction of the city. For the purposes of this article, a mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home. Recreational vehicles, however, may be located and used only in approved recreational vehicle parks or approved manufactured home parks.

Mixed use. A zoning district where mixed retail/residential developments are allowed on the same property or in the same building. Retail stores, retail services, personal services, and banks and savings and loans are allowed on the first floor levels of buildings. Multi-residential housing consisting of studio, one bedroom, two bedroom, and three bedroom living units are allowed on the upper floors of buildings.

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

Nursing home. An institution licensed by the State of Texas where those persons suffering from illness, injury, deformity, deficiency or age are given care or treatment on a prolonged or permanent basis.

Orchard. An area of 10 or more acres with the intentional planting of trees or shrubs maintained for food production. Usually composed of fruit or nut producing trees which are generally grown for commercial production.

Parcel. Any contiguous land under common ownership which does not satisfy the definition of a lot.

Planned Unit Development. An area to be planned, developed, and maintained with a common architectural and landscaped theme.

Private school, private college or private university. An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university.

Public school. A school under the sponsorship of a school district established under Texas law.

Railroad track and right-of-way. This does not include railroad stations, team tracks, yards, or maintenance areas.

Ranch. An area of 10 or more acres including various structures, given primarily to the practice of ranching, raising, grazing livestock.

Residence home for the aged. A home where elderly people are provided with lodging and meals with or without nursing care.

Rodeo Grounds. An area or location of which rodeo events take place such as roping, steer wrestling, barrel racing and other events that are generally associated with a rodeo.

Secondary residential structure. A subordinate dwelling unit (detached), other than a mobile home.

Servant or caretaker quarters. A subordinate dwelling unit, used solely as living quarters by a person(s) or family(ies) employed at least 20 hours per week on the premises.

Sight-obscuring fence. Any fence over three (3) feet in height and where more than 50% of the fence fascia is designed to obstruct the view of the area beyond the fence.

Sight visibility triangle. A triangular area at an intersection of two streets formed by extending the street curb lines to form an intersection, then measuring 45 feet for street intersections and 20 feet for driveway/alley intersections in each direction from the intersecting point and connecting the two (2) end points located on said lines to define a zone necessary for the clear view by the driver of a motor vehicle or a bicyclist of oncoming cross-street traffic.

Sexually oriented business. Any sexual encounter center, adult cabaret, adult theater, escort agency, nude modeling studio, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers. All terms defined in Title XV, Article 7 shall be given the same meaning for purposes of interpreting the definition of a sexually oriented business under the zoning ordinance.

Stealth. The design of a tower or tower structure that blends into the surrounding environment and is visually unobtrusive. Examples of a stealth design or tower are: architecturally screened, roof-mounted antenna/array/equipment; building-mounted antenna/array/equipment that is painted and treated as an architectural element to blend with the existing building; designs that conceal the antenna/array/equipment, such as manmade trees, clock towers, bell towers, steeples, light poles, and similar alternative-design mounting structures.

Storage of autos. A tract of land devoted to storing operative and/or inoperative automobiles and/or other vehicles that is enclosed by a fence of at least eight feet in height, and which accommodates, on a continuing basis, the storage of such automobiles and/or vehicles. In no instance shall wrecking and/or salvage operations be affiliated with the use of the land, or the stored autos be partially disassembled or dismantled.

Structure. Anything, other than a fence, constructed or erected, requiring location on the ground or attachment to something located on the ground. This includes, but is not limited to: advertising signs, billboards, poster boards, buildings, poles, water towers, cranes, smokestacks, earth formations and overhead transmission lines.

Tavern. Any enterprise which has as its principle business the selling of alcoholic beverages for consumption on the premises.

Telecommunications. The transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing, without change in the form or content of the information as sent and received.

Telecommunications facility. A telecommunication tower, antennas, and related equipment buildings, but the term also includes antennas and related equipment installed on roof tops.

Telecommunications service. The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

Tennis or swim club, private. A private recreational club with restricted membership, usually smaller in area than a country club, but including a clubhouse, swimming pool, tennis courts, handball courts, or similar facilities, none of which are available to the general public.

TIA/EIA-222. Telecommunications Industry Association/Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures."

Tiny Homes. A dwelling with a square footage of between 200 square feet and 1,000 square feet.

Tower, electric transmission. A self-supporting structure over 50 feet (15 meters) in height, designed to support high-voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers.

Tower, guyed. Any telecommunications tower supported, in whole or in part, by cables anchored to the ground.

Tower, height. The distance measured from grade to the highest point of any and all components of the structure, which includes antennas, hazard lighting and other appurtenances, but excludes lightning rods.

Tower, monopole. A self-supporting telecommunications tower that consists of a single vertical pole fixed into the ground and/or attached to a foundation.

Tower, self-supporting lattice. A telecommunications tower that consists of an open network of metal braces forming a tower, which is usually triangular or square in cross-section.

Tower, telecommunications. A self-supporting lattice, monopole, or guyed structure more than 20 feet (six meters) in height, built primarily to support one or more telecommunications antennas.

Trade or commercial school. A school, operated for profit, teaching vocational skills.

Utility, others not listed. Any utility facility franchised or approved by the city.

Utility shops or storage yards and buildings. An area or building used by utilities for the repair and/or storage of equipment, vehicles or supplies.

Winery. An area where grapes and other fruit products, or vegetables can be grown and processed for the commercial purpose to produce wine or similar spirits. Processing includes wholesale sales, crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery and warehousing. Retail sales and tasting facilities of wine and related promotional items may be permitted as part of the winery operations.

Work/live units. A work/live unit is a structure or a portion of a structure that combines a business use with a residential living use.

Wrecking or salvage yard for autos or parts. A tract of land devoted to wrecking, dismantling, or salvage operations where automobiles, other vehicles and/or machinery are subject to being dismantled, compacted, or similarly processed. All such operations, inclusive of storage of vehicles, shall be completely enclosed by a wall at least eight feet in height, except for a maximum of two gates no more than 20 feet wide.

(1962 Code, § 11-2-7; Ord. 99036, passed 10-25-99; Ord. 2001-15, passed 8-13-01; Ord. 2003-11, passed 5-12-03; Ord. 2009-20, § I, passed 8-10-09; Ord. 2010-12, passed 5-17-10; Ord. 2014-27, § I, passed 4-23-14; Ord. 2016-20, § I, passed 3-28-16; Ord. 2017-34, passed 8-29-17; Ord. 2018-13, § I, passed 3-5-18; Ord. 2018-36, § I, 7-9-2018; Ord. No. 2018-60, § I, 11-13-2018; Ord. 2019-63, passed 12-9-19; Ord. No. 2020-02, § I, passed 1-27-20)

Overlay zones are designed to deal with unusual conditions which affect large areas of the city. Special regulations associated with these districts shall be complied with prior to the issuance of any permit in areas designated.

(1962 Code, § 11-2-8; Ord. 84009, passed 6-18-84)

(A)

Area regulations. The minimum lot area for a mobile home/manufactured home district shall be five acres.

(B)

Yard and width regulations. Yard, width and layout for mobile home/manufactured home parks as indicated on the Space Requirement Chart (Appendix B) shall be complied with.

(C)

Mobile homes/manufactured homes and mobile home/manufactured home park regulations. Mobile home/manufactured home parks and mobile homes/manufactured homes shall meet the following requirements:

(1)

Minimum individual mobile home/manufactured home space or lot of 25 feet in width and a minimum area of 3,000 square feet.

(2)

A minimum separation of 15 feet shall be maintained between all mobile homes/manufactured homes. End to end clearance shall not be less than ten feet. No mobile home/manufactured home may be nearer than ten feet to any building.

(3)

A strip 15 feet in width around the outside boundary of the mobile home/manufactured home park which is planted to screening shrubs and trees or fencing or both, as recommended by the City Planner and approved by the Planning and Zoning Commission in site plan approval.

(4)

A playground or open space of not less than 10% of the total area of the development set aside for recreational purposes and equipped adequately.

(5)

The mobile home/manufactured home park shall be approved with sewer and water facilities for mobile home space as approved by the City Engineer.

(6)

Street shall conform to municipal design and engineering standards.

(7)

Site plan shall be approved of the mobile home/manufactured home park by the Planning and Zoning Commission and City Commission.

(8)

Mobile homes/manufactured homes shall comply with the tie down requirements of the Building Code. Mobile home/manufactured home parks shall provide anchors and tie downs.

(9)

Mobile homes/manufactured homes placed on individual lots shall have wheels removed, be skirted, and have concrete driveways and adequate space to meet off-street parking regulations.

(10)

Mobile homes/manufactured homes may be placed in Industrial Districts (I1 and I2) for offices or dwellings by special use permit. No more then one mobile home/manufactured home per business may be so placed.

(11)

All parking lots shall be paved to suppress dust.

(1962 Code, § 11-4-5; Ord. 84009, passed 6-18-84; Ord. 2003-11, passed 5-12-03)

Cross reference— Penalty, see § 15-6-999; trailers and trailer parks, see §§ 15-2-1 et seq.

(A)

Nonconforming status. A nonconforming status shall exist under one of the following conditions:

(1)

When a use does not conform to the regulations prescribed in the district in which it is located, and was lawfully existing and operating prior to the adoption of this article, or any amendment thereto which creates nonconformity, and where there has been no discontinuance of the use for a period of time exceeding six months or;

(2)

When a structure does not conform to the regulation prescribed in the district in which it is located, and was lawfully existing and constructed prior to the adoption of this article, or any amendment thereto which creates nonconformity.

(B)

Maintenance permitted. A nonconforming building or structure may be maintained.

(C)

Repairs and alterations. Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use.

(D)

Additions, enlargements and moving.

(1)

A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or removed to another location except as provided by subdivision (2) of this division hereof.

(2)

A building or structure occupied by a nonconforming use or a building or structure nonconforming as to height, area, or yard regulations may be added to or enlarged or moved to a new location on the lot upon a permit authorized by the Board of Adjustment, which may issue, provided that the Board of Adjustment, after hearing, shall find:

(a)

The addition to, enlargement of, or moving of the building will be in harmony with one or more of the purposes of this article as stated in § 15-6-2 hereof, and shall be in keeping with the intent of this article.

(b)

The proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.

(c)

LOT shall mean that parcel of land owned at the time the use became nonconforming and upon which the use existed, whether defined in one or more legal descriptions provided that all legal descriptions are contiguous.

(E)

Alteration where parking insufficient. A building or structure lacking sufficient automobile parking space in connection therewith as required by this article may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this article for such alteration or enlargement.

(F)

Restoration of damaged buildings. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, or other calamity or act of God or the public enemy, may be restored and the occupancy or use of such building, structure, or part thereof, which existing at the time of such damage or destruction may be continued or resumed, provided that such restoration is started within a period of six months and is diligently prosecuted to completion and is not located in an overlay zone.

(G)

Six month vacancy. A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of six months, except for dwellings, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.

(H)

Continuation of use. The occupancy of a building or structure by a nonconforming use, existing at the time this Title became effective, may be continued.

(I)

Occupation within six months. A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of six months after the use became nonconforming.

(J)

Change of use. The nonconforming use of a building or structure may not be changed except to a conforming use, but where such change is made, the use shall not thereafter be changed back to a nonconforming use.

(K)

Nonconforming use of land. The nonconforming use of land, existing at the time this article became effective, may be continued, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of six months or more, any future use of such land shall be in conformity with the provisions of this article.

(1962 Code, § 11-6-4)

Cross reference— Penalty, see § 15-6-999.

(A)

Cargo containers are prohibited in all residential zoning districts as of the effective date of this amendment.

(B)

Cargo containers may be allowed in all other zoning districts subject to the following conditions:

(1)

The cargo containers shall be located to meet all setback requirements for the zoning district in which they will be located.

(2)

The cargo containers may not occupy any required off-street parking spaces.

(3)

The containers may not be stacked.

(4)

The containers must be in a good sound condition, free of holes and freshly painted.

(5)

The containers may not be used for human or animal occupancy.

(6)

During construction, licensed contractors may use cargo containers in any zoning district for temporary storage of equipment and/or materials at a construction site that is authorized by a City of Kingsville Building Permit.

(C)

Cargo containers must be screened from view by being enclosed by a tight board fence or a wall so that they are not visible at any time of the year from a public place, public right-of-way, or adjacent private property. The fence or wall shall be kept in a good condition. Any existing cargo containers now being maintained in the city shall be allowed three months within which to construct a fence or wall of the kind and character required hereby. No screening would be required for cargo containers put in place for temporary use for a period of 90 days or less. The cargo container placed for temporary use must be removed at the end of 90 days unless an extension is requested and granted by the Planning Department.

(Ord. 2009-20, § I, passed 8-10-09)

(A)

Purpose and findings. A home occupation is defined as an accessory use carried out by the occupants for compensation in a residential dwelling unit. This section:

•Establishes criteria for the operation of home occupations in dwelling units within residential districts;

•Permits and regulates the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter occupied;

•Ensures that such home occupations are compatible with, and do not have a harmful effect on, adjacent and nearby residential properties and uses;

•Ensures that public and private services, such as streets, sewers, or water or utility systems, are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use;

•Allows residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions, and criteria;

•Enables the fair and consistent enforcement of these home occupation regulations; and;

•Promotes and protects the public health, safety, and general welfare.

(B)

Applicability. This section applies to:

(1)

Any occupation, profession, or business activity customarily conducted entirely within a dwelling unit and carried out by a member of the family residing in the dwelling unit, and which occupation, profession or business activity is clearly incidental and subordinate to its primary use as a residential dwelling and does not change the character of the dwelling unit. A home occupation is an accessory use to a dwelling unit.

(2)

No home occupation, except as otherwise provided in this section, may be initiated, established, or maintained in the unit unless it is in conformance with the regulations and performance standards set forth in this section. A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes.

(C)

Exempt Home Occupations. The activities listed in subsection 15-6-26 (C), (1) through (4) below, are not subject to this section, provided that all persons engaged in such activities reside on the premises:

(1)

Artists, sculptors, and composers not selling their artistic product to the public on the premises;

(2)

Craft work, such as jewelry-making and pottery, with no sales permitted on the premises;

(3)

Home offices with no client visits to the home permitted;

(4)

Telephone answering and message services.

(D)

Permitted Home Occupations. The home occupations permitted in subsection (1), below, are allowed in a residential setting because they do not compromise the residential character of an area, do not generate conspicuous traffic, do not visually call unusual attention to the home, and do not generate noise of a nonresidential level. A home occupation is permitted as an accessory use in the districts, as shown in Appendix A, (Section 1, Land Use Chart) and in the Planned Unit Development and/or Mixed Use (MU) districts:

(1)

The following home occupations are permitted and subject to the standards established in this section:

(a)

Accounting, tax preparation, bookkeeping, and payroll services (North American Industry Classification System (NAICS) 5412; Land Based Classification Standards (LBCS) Function 2412;

(b)

Baking and cooking (NAICS 3118; LBCS 2151);

(c)

Catering (NAICS 72232; LBCS 2560);

(d)

Child care (NAICS 6244; LBCS 6562);

(e)

Computer repair and training (NAICS 611519);

(f)

Computer systems design and related services (NAICS 5415);

(g)

Computer training (NAICS 61142; LBCS 6143);

(h)

Drafting services (NAICS 54134);

(i)

Engineering, architecture, land planning and landscape architects (NAICS 5413; LBCS 2413);

(j)

Financial planning and investment services (NAICS 52393; LBCS 2250);

(k)

Fine arts studio (creation of individual works only, no mass production) provided that no machinery or equipment shall be used or employed other than that which would customarily be found in the home, including machinery or equipment that would ordinarily be employed in connection with a hobby or avocation not conducted for gain or profit (NAICS 7115, 7121);

(l)

Hair salon, barbering, hairdressing, and other personal care services, provided only one person may conduct such activity (NAICS 8121);

(m)

Information and data processing services (NAICS 51421; LBCS 4240) (includes Standards Industrial Classification (SIC) 7374 computer processing and data preparation and processing services, and SIC 7379 computer related services, National Electric Code (NEC)) (CD or DVD conversion and recertification)

(n)

Insurance sales (NAICS 52421; LBCS 2240);

(o)

Interior decoration (no studio permitted) (NAICS 54141; LBCS 2414);

(p)

Internet/Mail order business (order taking only; no stock-in-trade) (NAICS 4541) (e.g. Mary Kay, Pampered Chef, etc.) provided parties for the purpose of selling merchandise or taking orders shall not be held more than once a month, shall be limited to ten customers and shall be held between the hours of 9:00am and 10:00pm;

(q)

Legal services (NAICS 5411; LBCS 2411);

(r)

Musical instruction, voice, or instrument (NAICS 61161);

(s)

Musical instrument tuning and repair (NAICS 811211, 81149, 4511);

(t)

Offices for professional, scientific, or technical services (NAICS 54; LBCS 2400) or administrative services (NAICS 5611; LBCS 2420);

(u)

Photographic and Video services (NAICS 54192);

(v)

Professional, Scientific and Technical Services, including the practice of law (NAICS 54);

(w)

Real estate services and appraisal (NAICS 531);

(x)

Tailoring (e.g. dressmaking and alterations) services (NAICS 81149; 3152);

(y)

Teaching of arts and crafts and incidental sale of supplies to students (NAICS 611691);

(z)

Tutoring (NAICS 611691).

(aa)

Work-at-home and/or telecommuting activities where employees of a business perform work for the business in their own residence, for an employer located at another location; provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facilities. The work activities of the employee shall conform to all other requirements of this section.

(E)

Use limitations and performance standards.

(1)

Home occupations shall be carried out by members of the household occupying the dwelling and no more than one nonresident employee shall be permitted.

(2)

The home occupation shall be conducted entirely within the principal residential building or in a permitted accessory building.

(3)

The home occupation use shall be clearly incidental and secondary to the residential occupancy.

(4)

No more than six clients per day (limit one visit per day per each client) are permitted to visit the home occupation. Hours for visits shall be between 8:00 am and 8:00 pm, unless otherwise noted in 15-6-26.

(5)

Home occupations for child care shall have a maximum of children from birth through 13 years of age as determined by state law which varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed 12. The restriction on visits stated in 15-6-25 (E)(4) above does not apply to home occupations for child care.

(6)

No manufacturing or processing of any sort whatsoever shall be done, except as permitted by Section 15-6-26(D)(1)(l). Public facilities and utilities shall be adequate to safely accommodate equipment used for the home occupation.

(7)

No stock-in-trade shall be displayed or sold on the premises except for delivery of orders.

(8)

No stock-in-trade, except articles produced by residents of the premises, shall be stored on the premises and those articles shall not be flammable, combustible or explosive materials.

(9)

No alteration of the principal residential building shall be made which changes the character as a dwelling.

(10)

Not more than 25% of the gross floor area of the principal dwelling or accessory structure shall be utilized for the home occupation.

(11)

The home occupation shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multi-family structure, shall constitute a violation of this section.

(12)

No mechanical or electrical equipment other than normal domestic or household equipment shall be used.

(13)

There shall be no outdoor storage of equipment or materials used in the home occupation.

(14)

The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of 10,000 pounds or less. Deliveries and pick-ups shall occur between the hours of 8:00 am and 8:00 pm.

(15)

Not more than one vehicle shall be utilized for business purposes and all parking shall be provided only in the driveway or other parking area not within the public right-of-way.

(16)

No truck or van with a payload rating of more than one ton shall be parked on the site or in front of the site on a regular basis.

(17)

No customer waiting areas shall be provided.

(18)

No vehicles shall be parked and no equipment or materials shall be stored for trash haulers, home builders, home repair contractors and similar occupations.

(19)

Signage shall:

(a)

be limited to one wall-mounted sign not exceeding four square feet in area is permitted.

(b)

be mounted flush against the wall of the principal dwelling unit or accessory structure; and

(c)

not be illuminated.

(20)

A business license shall be obtained, if required by other ordinances.

(F)

Prohibited home occupations. Home occupations in residential zoning districts shall not include the following types of activities and uses:

(1)

Body piercing and/or painting, tattoos, or any type of physical therapy or psychotherapy;

(2)

Commercial food preparation;

(3)

Contractors shops;

(4)

Furniture refinishing;

(5)

Gymnastic facilities;

(6)

Machine shop/metal working;

(7)

Medical/dental office;

(8)

Medical procedures;

(9)

Medical/cosmetic facilities for animals, including animal care and boarding facilities;

(10)

Motor vehicle and engine repair;

(11)

Outdoor recreational activities;

(12)

Palm reading or fortune telling;

(13)

Recording studios;

(14)

Retail Sales;

(15)

Tanning salons;

(16)

Trash hauler operations other than a home office;

(17)

Any other use not allowed in accordance with 15-6-26 Home Occupations of this chapter or any use determined by the Director of Planning and Development Services to be a detriment to the surrounding properties and/or area.

(G)

Unsafe Home Occupations. If any home occupation has become dangerous or unsafe; presents a safety hazard to the public, pedestrians on public sidewalks, or motorists on the public right-of-way; or presents a safety hazard to adjacent or nearby properties, residents or businesses, the Director of Planning and Development Services or his/her designee shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken, directing that the home occupation immediately be made safe or be terminated. The property owner and/or tenant shall take the necessary corrective measures. In the event of a failure to do so by the owner and/or tenant, after notice and within seven (7) days of the receipt of said notice, the Director of Planning and Development Services or his/her designee may take any and all enforcement actions to render the home occupation and dwelling safe. Costs incurred by the City of Kingsville, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation and penalized as set forth in Section 1-1-99 of this code of ordinances.

(Ord. 2014-10, § I, 3-10-14; Ord. 2018-13, § I, passed 2-12-18)

(A)

Purpose and findings. This section establishes additional zoning district standards, exceptions to standards or alternative standards (e.g. screening, landscaping, and/or design standards) for particular uses which are subordinate to the principal use. The purpose of this section is to:

• Provide supplemental standards for individual uses in order to protect surrounding property values and uses;

• Protect the public health, safety and general welfare; and

• Implement the Master Plan of the City.

The section provides supplemental regulations for certain uses, structures and facilities. These regulations are in addition to the other applicable standards of this Code. In some cases, the establishment of these standards streamlines the permitting process by permitting the use as of right in certain districts subject to these regulations rather than a case-by-case consideration for a Special Use Permit (SUP). In other instances, the regulations do not streamline the process but address the unique development challenges of certain uses and structures whether permitted as of right or as a special use.

(B)

Compliance Mandatory. No accessory use may be initiated, established, or maintained unless it complies with the standards set forth for such use in this section and/or article.

(C)

Regulations Supplement Other Code Regulations. The regulations of this section shall supplement the requirements of the applicable base and overlay zoning district regulations and other applicable standards of this section. These standards are in addition to, and do not replace, the other standards for development set forth in any other sections or articles of the code of ordinances unless otherwise provided. To the extent that there is a conflict between a standard in another section of the code of ordinances and a standard in this section, the standard in this section governs unless otherwise indicated.

(D)

Applicability. This section applies to any subordinate use of the building or other structure, or use of land that is:

(1)

Conducted on the same lot as the principal use to which it is related; and

(2)

Clearly incidental to, and customarily and commonly associated with, the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging or unhealthful to adjacent property or the uses thereof and shall be on the premises of the main use.

Where a principal use or structure is permitted, such use shall include accessory uses and structures subject to this section.

(E)

Permit Required. Every accessory building requires a building permit. Application for such a permit shall be made to the Building Official. The building permit for the accessory building may be included on the permit for the main building or main land use if constructed or established simultaneously, otherwise a separate permit will be required.

(F)

The Director of Planning & Development Services, or his/her designee, shall determine whether a proposed accessory use/structure, or in the case of an enforcement action, an existing accessory use/structure is permitted under this ordinance. In reviewing and approving an accessory use/structure, the Director of Planning & Development Services, or his/her designee, shall find that the proposed use meets the following criteria:

(1)

Is not to be constructed or established on a lot until construction of the principal structure is completed or the principal use is established;

(2)

Is not to be established on a vacant lot and/or is located on the same lot as the principal use served;

(3)

Is subordinate to and serves a principal use;

(4)

Is subordinate in area, extent or purpose to the principal use served;

(5)

Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal use;

(6)

Is not injurious, noxious or offensive to the neighborhood;

(7)

Accessory uses of a storage nature are not located in the front yard area; and

(8)

Accessory buildings shall not be used for dwelling purposes except where permitted in the Land Use Chart (Appendix A, Section 1 Land Use Chart or Article 6 of Chapter 15 of the Code of Ordinances).

In the event the Building Official denies the accessory building, or the Director of Planning and Development Services denies the accessory use, the applicant may appeal to the Board of Adjustment as provided in Section 15-6-157, or seek a special exception as allowed in Subsection 15-6-27(J). Any accessory use to a use requiring a special use permit is prohibited unless specifically allowed by the special use permit.

(G)

General Requirements. Unless otherwise specified in this section, all attached and detached accessory structures shall conform to the same use, height and area regulations required of the main use or structure and with the following additional limitations:

(1)

Accessory uses shall not include the conduct of trade unless permitted in conjunction with a permitted use.

(2)

Accessory uses shall be located on the same lot as the principal use for which they serve.

(H)

Dimensional and Density Standards. The location of accessory uses and structures is subject to Appendix B "Space Requirements" Section 1 & 2 of Article 6, Chapter 15 of the Code of Ordinances.

(1)

For residential lots not exceeding one and one-half (1.5) acres, detached accessory structures shall not be located in the front yard. Detached accessory structures may be located in the rear yard area.

(2)

For residential lots exceeding one and one-half (1.5) acres, detached accessory structures may be located in the front yard if it is required due to topographical issues or other impediment that prevents the placement of the structure in the rear yard area.

(3)

Accessory uses and structures shall not exceed 60 percent of the gross floor area (GFA) of the principal use.

(4)

Within nonresidential districts, accessory structures, except for carports, are prohibited within the side and rear yards of lots adjacent to a residential use or district. The total floor area of all accessory structures shall not exceed 2500 square feet.

(I)

Permitted Accessory Uses and Structures. Accessory uses and structures include, but are not limited to, the following list of examples, provided that each accessory use or building shall comply with all the provisions of this chapter.

(1)

Drop-off boxes, such as mail or donation boxes, at all commercial establishments in C1 through I2 zone districts provided the drop-off box:

a.

Is located behind the minimum setbacks required in the respective zones;

b.

Is located so it is not (1) blocking driveways, (2) blocking pass-through traffic in parking aisles, (3) blocking pedestrian traffic, (4) creating any safety issue as determined by the Director of Planning and Development Services; and

c.

Does not eliminate any required parking spaces or is not located in any parking aisle.

(2)

Employee restaurants and cafeterias when located in a permitted business or manufacturing building. (The size of these accessory uses may be no more than 10% of the gross square footage of the business.)

(3)

Home occupations in accordance with Section 15-6-26.

(4)

Management offices for multi-tenant properties.

(5)

The operation of service facilities and equipment in connection with schools, hospitals and other similar institutions or uses.

(6)

The overnight parking of a truck which is a non-commercially licensed box truck or non-CDL licensed vehicle in working condition in a residential zone district.

(7)

Recreational uses and structures for the use and convenience of occupants, employees or guests of a principal use or facility.

(8)

Refreshment and service facilities in parks and playgrounds, and in permitted public or private recreation facilities or schools.

(9)

Repair or construction of power boats, large sailing vessels or racing vehicles may be allowed only in zone districts for which repair or construction of vehicles as a commercial business is permitted. Repairs of personal vehicles or recreational boats or vehicles which are legally stored on a lot may be permitted in residential districts provided the vehicles are owned by the occupants of the dwelling and must take place within a private garage.

(10)

Residential accessory buildings. Garages, carports, parking facilities, tool/storage sheds in residential zoning districts and for residential uses in all other zoning districts, provided:

a.

Attached accessory structures. Garages, carports, parking facilities or tool/storage sheds attached to the main structure shall conform to the same height, area and setback regulations required for the main use or structure, except:

1.

The structure shall not occupy more than 50% of the required rear yard.

b.

Detached accessory structures. Garages, carports, gazebos, parking facilities or tool/storage sheds detached from the main structure shall:

1.

Be in accordance with Appendix B, Section 1 "Space Requirements" Article 6 of Chapter 15 of the Code of Ordinances;

2.

Be located only in the side or rear yard area;

3.

Occupy an area no greater than 50% of the rear yard area behind the principal structure; and

4.

Be at least seven feet from the main dwelling.

c.

Detached accessory structures located in any residential zoning district shall meet the following standards as approved by city staff:

1.

Galvanized (painted and unpainted) metal is prohibited as an exterior siding material, however roofs may utilize painted galvanized panels;

2.

All accessory structures shall have enclosed eaves at a minimum length or depth of twelve inches unless it is a pre-manufactured and/or a preassembled metal or wood storage building and under 250 square feet in gross floor area.

3.

Freestanding metal carports that are not certified and sealed by a State of Texas licensed engineer and arched steel structures (aka Quonset huts) are prohibited. Freestanding metal carports accompanied by engineered stamped plans may be approved.

4.

Structures larger than 400 square feet in ground floor area shall meet the following additional requirements:

i.

Exterior materials shall consist of the same or similar materials as the principal structure.

ii.

In order to prevent an institutional or uncharacteristic appearance, any wall or fascia with a square footage greater than 400 sq. ft. shall have at least one window with a minimum measurement of two foot six inches by three feet six inches or a typical thirty six inch wide walk-in door.

5.

No visible exterior stairways to a second floor or attic is permitted at the front or side of the building.

The requirements of this subsection shall not apply to agricultural operations in residential or agricultural zoning districts.

(11)

Solar Energy Systems in accordance with 15-6-174 through 15-6-187.

(12)

Storage of one boat, travel trailer, RV or pick-up camper in residential districts, but not in the front yard or the street side yard of a corner lot, and provided they are not used as living quarters.

(13)

Telecommunications equipment buildings as provided for in, Section 15-6-47(D) of this article and chapter.

(14)

Temporary construction trailers used for offices and/or storage, located on a lot for which building permits have been issued, provided the trailer meets the setbacks for an accessory structure and is limited to the duration of construction, not to exceed one year.

(15)

Temporary real estate sales offices, located on a subdivision or property being sold, and limited to the period of sale, but not exceeding two years without a special use permit.

(16)

The storage of building materials including, but not limited to, bricks, blocks, cement, concrete, electrical materials, glass, linoleum, lumber, plumbing materials, rocks and tile provided that these materials are to be used for construction on the premises and, if stored for more than 24 consecutive hours in a 30 day period, that they are screened from view of neighboring properties and adjacent streets and alleys, and provided that the storage use is in accordance with the provisions of Subsection (F). In no case shall building materials be stored outside of a building on residentially zoned property for a period of time exceeding 90 days.

(17)

Public and private utility lines and structures, including, but not limited to, sanitary sewers, storm sewers, water, natural gas, electric, cable television and telephone.

(18)

Wind Energy Conversion Systems (Exempt and Small Wind Energy Facilities) in accordance with Section 15-6-186 through 15-6-194.

(J)

Variances: A variance may be granted by the Board of Adjustment in accordance with the procedures contained in Section 15-6-157 for the following accessory uses:

(1)

The overnight parking of a commercially licensed box truck, CDL licensed vehicle or moving van for more than one night.

(2)

The storage of one boat, travel trailer, RV or pick-up camper in the front yard of any residential district.

(K)

Prohibited Accessory Uses. None of the following shall be permitted as an accessory use:

(1)

Equipment, material or vehicles, other than a registered motor vehicle in operable condition, boat, travel trailer, recreational vehicle or pick-up camper as permitted above, for more than 24 hours in a 30 day period in a residential district.

(2)

The overnight parking of a semi-tractor trailers, dump trucks, service/delivery van or similar scale of vehicle in residential districts.

(3)

Storage of any materials not directly related to the principal use of the property and located outside of a building in a residentially zoned district is specifically prohibited except for building materials as provided in Subsection 15-6-27(I)(15) and materials customarily associated with a residential use such as, but not limited to, above ground swimming pools and associated equipment buildings, arbors, barbecue pits and grills, firewood neatly stacked, gazebos, operational and licensed vehicles, planters, play structures, toys, trash cans used for normal on-site garbage collection and trellises attached to a building.

(Ord. 2014-30, § I, passed 4-23-14)

(a)

Purpose. The purpose of these regulations is to establish criteria for the location, maintenance and appearance of privacy fences and other visual barriers including landscaped hedges. The intent is to limit the amount of privacy fencing/barriers in order to promote the open, unencumbered characteristics of Kingsville and ensure the safe visibility of pedestrian and vehicular traffic.

(b)

Permit required. Except as provided for single strand electrical wires herein, a fence permit shall be obtained and the required fee paid as set out in Section 15-1-6(B)(4) before installation of any fence. A site plan indicating the location of the proposed fence, property lines, setbacks and buildings, and a typical detail of the fence showing the material and general appearance of the fence shall be submitted with the permit request. A boundary survey of the property is not required but may be deemed necessary by the property owner, applicant or City in the case of a boundary line dispute or other reason as deemed necessary by the property owner or applicant. All swimming pool permits are to be accompanied by a fence permit when an existing compliant fence is not present to prevent unwanted entry.

(c)

For all property within the City, no person or business shall erect or maintain a sight obscuring fence forward from the front building line, excluding any and all porches, decks, patios or similar appurtenances, except where otherwise authorized by this code.

(d)

Fences over three (3) feet in height and with more than 50% sight obscured shall be deemed to be a Sight-Obscuring Fence.

(e)

In no case shall a sight-obscuring fence, hedge, tree or other visual barrier be placed or maintained in excess of three feet high within a Street or Driveway Intersection Sight Visibility Triangle as defined in Section 15-6-21 of this code of ordinances. Trees within a Street or Driveway Intersection Sight Visibility Triangle shall be kept trimmed so the tree canopy is no less than ten (10) feet high.

(f)

Fences in residential areas shall not exceed four (4) feet in height in any front yard area and six and a half (6.5) feet in height in any side or rear yard area. Nonresidential areas are restricted to a maximum of four (4) feet in the front yard area and a minimum of eight (8) feet in height in any side or rear yard area but shall not exceed ten (10) feet in height.

(g)

Commercial or industrial buildings adjacent to residential properties shall install, at a minimum, an eight (8) foot high sight-obscuring fence constructed of a consistent solid material such as wood, brick or block. The fence shall be so constructed so that the finished side is facing the residential properties.

(h)

Fences or hedges/landscape materials shall be required to screen storage areas allowed in all commercial and industrial districts and shall be of sufficient height to screen the storage from adjacent public right-of-way and adjacent properties. If screening is required to exceed eight (8) feet in height, then landscaping material shall be utilized to soften the impact and add to the screening. Trees that will grow to a sufficient height to screen storage from adjacent properties shall be utilized where the terrain is such that a screen exceeding ten (10) feet in height is needed.

(i)

The height of a fence shall be measured from the highest adjoining finished grade.

(j)

No fence shall be constructed within any drainage easement or floodway unless the City Engineer has advised the Building Official that the fence shall, in all probability, not interfere with or impair the natural flow of water across the drainage easement or floodway.

(k)

Perimeter Fence design and maintenance. All fences shall be designed, erected and maintained in accordance with Section 15-1-17 and also the following:

(1)

All fences shall be maintained in good repair and in their original upright position so as to not be a nuisance. Fence remnants shall not remain if a repair or replacement of a fence or a portion of the fence is performed.

(2)

No fence shall be maintained with protruding nails, boards, wires or other similar materials.

(3)

All fences shall be constructed of an aesthetically compatible material such as chain link, wood, concrete block, brick, stone, vinyl, wrought iron or other like material. The use of chicken wire or other low quality type of fencing is expressly prohibited.

(4)

Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.

(5)

All fences shall be constructed with the finished side facing outward from the property or with both sides finished where visible from the public right-of-way. Any and all posts and support beams shall not be visible from the public right-of-way. Fences along interior property lines, not exposed to a public right-of-way, may place the fence with the finished face facing outward or inward depending on preference.

(6)

Wood fences shall be constructed of material which is naturally resistant to insects and decay or has been treated to resist insects and decay underground.

(7)

All posts used for any type of residential or commercial fencing shall be set in a concrete base. Agricultural field fence posts do not require the use of a concrete base.

(l)

Use of barbed wire fence. In addition to and in conjunction with Section 13-1-2, no person shall erect or maintain any barbed wire fence except under the following circumstances:

(1)

When the barbed wire fence is erected and maintained as an integral part of the security fence for nonresidential properties only, provided that the barbed wire is not installed within six feet of the ground; or

(2)

When the barbed wire fence is erected or maintained around a tract of land used for agricultural purposes as defined by the zoning laws of the City of Kingsville.

(3)

In no case shall razor wire be permitted in any zone within City Limits except as used by official governmental agencies.

(4)

In all cases barbed wire shall be strung tightly and shall not be suspended in a loose, coiled or concertina manner with the exception of government agencies.

(m)

Use of electric fence. No person shall erect or maintain any electrical fence unless in conformance with the following provisions:

(1)

All electric fences shall comply with minimum specifications of the Underwriters Laboratories (UL listed) and shall be installed in accordance with the National Electric Code adopted by the City.

(2)

Fences which may continuously conduct electric current may be allowed only on agricultural land to be used to raise livestock.

(3)

Single-strand wires designed to conduct electricity through an approved low voltage regulator shall be allowed only along the interior base line of an otherwise permitted fence. No permit shall be required for the erection and maintenance of such single-strand electric wires.

(n)

Swimming Pools. In addition to and in conjunction with Section 15-1-8, any swimming pool area, where the pool depth is two (2) feet or more, shall be entirely enclosed by a permanent protective fence or other permanent structure at least four (4) feet in height, with locked gates or entrances. A construction fence, including but not limited to temporary barrier fencing, shall be in place during construction of any pool. Arrangements may be made with the chief Building Official to provide a temporary section of fence during pool construction to allow for ingress and egress. A sight-obscuring or other approved fence constructed on the property lines adjacent to the pool may be considered a protective fence meeting these requirements.

(o)

Temporary fences. Permits for temporary fences for the purpose of protecting or securing of construction sites may be granted for a one year renewable period. Such temporary fencing must be removed upon completion of construction.

(p)

Penalties.

(1)

The provisions of this subsection shall be cumulative of any criminal penalties or civil remedies as prescribed in 15-1-17(G) of Chapter 15 or section 1-1-99 of this Code of Ordinances.

(2)

Upon a determination that a fence code violation exists upon a premises, the owner of the premises shall be given notice to abate such violation within 30 days after the receipt of such notice.

(Ord. 2014-29, § I, passed 4-23-14)

(A)

Within the C-3 Central Business District, incidental residential uses known as "work/live units" are permitted. A work/live unit means a structure that combines a business use, as permitted in the C-3 Central Business District, with a residential living use.

(B)

Any structure containing a "work/live unit" shall satisfy the following requisites:

(1)

Any structure or portion of a structure must comply with all applicable City of Kingsville ordinances, including all building codes.

(2)

The living area of each "work/live unit" shall provide at least one exit which does not require persons to exit through the work area.

(3)

All residential areas in a "work/live unit" shall be at least 150 square feet, exclusive of kitchen, bath, closets and hallways in the "work/live unit."

(4)

A minimum of the front 50% square footage of a street-level floor must be dedicated exclusively to commercial uses as allowed in the C-3 Central Business District.

(Ord. 2016-20, § I, passed 3-28-16)

(A)

Within the C-3 Central Business District, dwellings above businesses are permitted.

(B)

Any structure containing a dwelling above a business shall satisfy the following requisites:

(1)

Any structure or portion of a structure must comply with all applicable City of Kingsville ordinances, including all building codes.

(2)

Multi-family dwellings are only allowed on the second or third floor of the structure.

(3)

Each living unit shall provide at least one exit which does not require persons to exit through the work area.

(Ord. 2016-20, § I, passed 3-28-16)