These regulations are adopted under the authority granted to the city by the constitution and the general state laws, including particularly V.T.C.A., Local Government Code ch. 211.

(Ord. No. 120910-01, § 1(ch. 1, § 1), 12-9-2010)

These regulations shall be known, and may be cited, as the Zoning Ordinance of the City of La Vernia, Texas.

(Ord. No. 120910-01, § 1(ch. 1, § 2), 12-9-2010)

(a)

The zoning regulations and districts hereby established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare of the city and its present and future residents and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been established with reasonable consideration, among other things, for the character of each zoning district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(b)

The city is empowered to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purpose; and, in the case of designated places and areas of historic and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures.

(Ord. No. 120910-01, § 1(ch. 1, § 3), 12-9-2010)

(a)

The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural number include the singular, and words in the singular include the plural. The terms "shall" and "will" are always mandatory, while the term "may" is directory. The term "herein" means in this chapter. The term "regulations" means the provisions of any applicable ordinance, rule, regulation or policy. The term "person" means any human being or legal entity and includes a corporation, a partnership, and an incorporated or unincorporated association. The term "used or occupied" as applied to any land or building shall be construed to include the words intended, arranged, or designed to be used or occupied. The terms "building" and "structure" are synonymous. The terms "lot," "plot" and "tract" are synonymous.

(b)

Any term not expressly defined in this section shall be defined by a common planning definition from the American Planning Association's, A Planners Dictionary. The administrative official shall determine the appropriateness of a definition.

Accessory use or building means a use or building on the same lot with, subordinate to and detached from the principal building and used for purposes customarily incidental to the principal use of the premises.

Administrative official means the person designated by the city council who is responsible for supervising the administration, interpretation and enforcement of this chapter. The city council may provide assistance to the administrative official through other persons or consultants as deemed necessary or appropriate.

Adult arcade means any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where these images so displayed are distinguished or characterized by their emphasis upon matters exhibiting specified sexual activities or specified anatomical areas.

Adult day-care facility means a facility that provides services under an adult day-care program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility.

Adult day-care program means a structured, comprehensive program that is designed to meet the needs of adults with functional impairments through an individual plan of care by providing health, social, and related support services in a protective setting.

Alley means a public space or thoroughfare which affords only secondary means of access to property abutting thereon.

American Society for Testing and Materials (ASTM) means a developer and publisher of technical information designed to promote the understanding and development of technology and to ensure the quality of commodities, services and safety products.

Amusement, commercial, means an amusement enterprise wholly enclosed in a building, including, but not limited to, a bowling alley or billiard parlor.

Amusement redemptive machine means any electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance, including but not limited to gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, tic-tac-toe, eight-liner or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so.

Animal shelter means a facility that keeps impounded stray, homeless, abandoned, or unwanted animals.

Antique shop means a retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a building.

Apartment means a room or suite of rooms in a multifamily dwelling designed or occupied as a place of residence by a single family, individual or group of individuals.

Arcade means an establishment in which there are located six or more skill or pleasure machines, that do not provide the player an opportunity to receive anything of value other than an opportunity for a replay, including but not limited to, video machines, pinball machines, or pool tables, whether coin operated or not.

Area of the lot or building site means the net area of the lot or site and shall not include portions of streets and alleys.

Arts and crafts store means a retail store or establishment/open area offering a wide variety of merchandise used for various arts and crafts.

Assisted living facility means an establishment that:

(1)

Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment;

(2)

Provides: personal care services; or administration of medication by a person licensed or otherwise authorized in this state to administer the medication;

(3)

May provide assistance with or supervision of the administration of medication; and

(4)

May provide skilled nursing services for the following limited purposes:

a.

Coordination of resident care with outside home and community support services agencies and other health care professionals;

b.

Provision or delegation of personal care services and medication administration as described by this subdivision; assessment of residents to determine the care required; and

c.

For periods of time as established by rules promulgated by the Texas Department of Aging and Disability Services, delivery of temporary skilled nursing treatment for a minor illness, injury, or emergency.

Auction (not to include auto, truck and trailer) means the public sale of property to the highest bidder.

Bakery and confectionery (retail sales) means an establishment for preparing, cooking, baking and selling of products on the premises.

Bank, savings and loan or credit union means an establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.

Barbershop means a place where barbering, as defined in V.T.C.A., Occupations Code § 1601.001, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.

Basement means a building story (or portion of a story) which is partly underground, with at least one-half of its height (measured from floor to ceiling) above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.

Beauty shop means a place where cosmetology, as defined in V.T.C.A., Occupations Code § 1602.002 is practiced.

Bed and breakfast means an owner-occupied residential dwelling designed for and used as a single-family dwelling that contains eight or fewer guestrooms, where short-term lodging, with or without meals, is provided for compensation to individuals or groups for no more than seven consecutive days.

Block means an area enclosed by streets and occupied by or intended for buildings; where this word is used as a term of measurement, the term "block" means the distance along a side of a street between the nearest two streets which intersect said street on said side.

Board of adjustment means the city zoning board of adjustment.

Brick material means hard fired kiln fired clay or slate material which meets the latest version of ASTM Standard C216 or C652, Standard Specifications for Facing Brick (Solid Masonry Unit made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FVA or FBS or better. Unfired or underfired clay, sand or shale brick are not allowed.

Building means any structure having a roof supported by columns or walls built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. The term "structure," as used herein, shall be deemed to have the same meaning as the term "building."

Building, detached, means a building surrounded by yard or open space on the same building lot.

Building line means a line parallel or approximately parallel to the street line at a specified distance therefrom constituting the minimum distance from the street line that a building may be erected.

Building, main or primary, means a building in which the principal use of the lot is conducted.

Building materials means a building used for the sale of new building supplies and materials such as hardware, carpet, plants, electrical and plumbing supplies.

Canopy means any structure of a permanent, fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels or a roof-like structure of a permanent nature which is supported by or projects from the wall of a structure.

Car wash means a facility or structure used to wash motorcycles, automobiles, vehicles and trucks.

Carport means an opened-sided covering, normally used for automobiles, boats, recreational vehicles, lawn mowers, etc.

Cellar means a building story with more than one-half its height below the average level of the adjoining ground.

Cementious fiber board means finish wall, soffit, and tile backing material which meet the U.S. HUD material release No. 1263d.

Certificate of occupancy means an official certificate issued by the city through the enforcing official indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued.

Childcare center means a facility licensed, certified, or registered by the Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.

Civic center means a building or complex of buildings that houses municipal offices and services and which may include cultural, convention and/or entertainment facilities owned and/or operated by a governmental agency.

Clinic, medical or dental, means a facility or station designed and used for the examination and treatment of persons seeking medical/dental care as outpatients who do not remain on the premises overnight.

College/university means an institution established for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools.

Commercial means a land use or other activity involving the sale of goods or services for financial gain.

Commission means the city planning and zoning commission.

Community center means a building dedicated to social and/or recreational activities.

Community home means a facility as prescribed in Chapter 123 of the Texas Human Resources Code as amended.

Concrete masonry units means highly textured finished concrete units, such as split face, indented, hammered, fluted, ribbed or similar architectural finish meeting the latest version of the following applicable specifications; ASTM Standard C90, Standard Specification for Hollow Load Bearing Concrete Masonry Units. ASTM C129, Standard Specification for Solid Load Bearing Masonry Units are not to be used for exterior application.

Concrete panel construction means concrete finish, pre-cast panel or tilt wall construction shall be fluted or exposed aggregate.

Condominium means a form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of the portions. Real property is a condominium only if one or more of the common elements are directly owned in undivided interests by the unit owners. Real property is not a condominium if all of the common elements are owned by a legal entity separate from the unit owners, such as a corporation, even if the separate legal entity is owned by the unit owners.

Construction yard, temporary, means a storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as field/sales offices.

Contractor's shop or storage yard, temporary, means a facility where a contractor temporarily stores products and equipment to be used on a project or development site.

Continuing care facility means a place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act codified as Chapter 246 of the Texas Health and Safety Code in which a person provides board and lodging, together with personal care services and nursing services, medical services, or other health-related services, regardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or for a period of more than one year, such individual or individuals being cared for not being related by consanguinity or affinity to the person providing the care.

Convenience store means a retail establishment providing for the sale of food items, nonprescription drugs, small household items, gasoline and diesel fuel, and gifts and containing areas for storage and administrative offices.

Country club, private, means land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.

Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.

Daycare center means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.

Depth of lot means the mean horizontal distance between the front and rear lot lines.

Depth of rear yard means the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line except as modified in the text of any section in this chapter.

Development means a newly constructed or erected buildings or structures to a lot, relocated buildings or structures onto another lot, or the use of open land for a new or different use. To "develop" is to create a development.

District means a section of the city for which the zoning regulations governing the area, height of buildings, the size of yards, the intensity or use of the land and buildings are uniform.

Dry cleaning or laundry shop means a custom cleaning/laundry shop or a pick up station.

Duplex means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof on a single platted lot having separate accommodations.

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but excluding buildings designed and used as hotels, boardinghouses, roominghouses, motels, tent, trailer, mobile home, manufactured home, motor home, travel trailer or a recreational vehicle.

Dwelling unit/residential use means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple family dwellings, but excluding buildings designed and used as hotels, boarding houses, rooming houses, motels, tent, trailer, mobile home, manufactured home, motor home, travel trailer or a recreational vehicle.

Educational facility/classroom means a facility or classroom(s) primarily for teaching or learning activities. Educational facilities are found in educational institutions of all kinds, including, but not limited to, public and private schools, home schools, specialized technical training, corporations, and religious and humanitarian organizations. The classroom attempts to provide a safe space where learning can take place uninterrupted by other distractions.

Exterior insulation and finish system (EIFS) means a polymer-based laminate that is wet-applied, usually in two coats, to rigid insulation board that is fastened to the wall with adhesive, mechanical fasteners, or both. Polymer based (PB) systems, sometimes known as thin coat, soft coat, or flexible finishes, are the most common.

Family means an individual or group of two or more persons related by blood, marriage, adoption or guardianship including foster children, exchange students, and servants together with not more than two additional persons not related by blood, marriage or adoption to the previously identified individual or group, living together as a single housekeeping unit in a dwelling unit or a Family Home for the Disabled as defined by the Community Homes for Disabled Persons Location Act, V.T.C.A., Human Resources Code ch. 123., as it presently exists or may be amended in the future, but not including household care or rehabilitation care facilities.

Feed and farm supply means an establishment for the selling of food stuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.

Field or sales office means a building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project.

Flood hazard area means an area of land subject to inundation by a 100-year frequency flood, as shown on the city floodplain map.

Floor area means the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, garages or porches.

Floor area ratio means the ratio of total building floor area to lot area.

Florist means an establishment displaying and selling plants, flowers, floral supplies, and similar items.

Food or grocery store means stores where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offers other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores.

Fraternal organization/lodge/civic club means an organized group having a restricted membership and specific purpose related to the welfare of the members.

Game room means a building, facility or other place that is open to the public and that contains three or more operational amusement redemption machines.

Garage sale means the sale of items normally accumulated by a household.

Garden center, retail sales, means location including land and buildings at which plants, trees, shrubs, horticultural supplies, and similar items are displayed for sale to the general public. Gas metering station means facility at which natural gas flows are regulated and recorded.

General professional means businesses that are currently allowed, but not limited to the uses listed in the permitted use chart. Any business not listed herein shall only be authorized through a Specific Use Permit.

Glass walls means glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework and has less than 25 percent reflectance.

Golf course or driving range means an area improved with trees, greens, fairways, hazards and which may include clubhouses.

Government or institutional buildings includes government-owned administration buildings and offices; fire stations; public safety and criminal justice system facilities; military installations; cemeteries; and similar uses of a governmental, public service or public institutional nature.

Greenhouse or plant nursery, commercial, means a place, often including artificially heated and/or cooled buildings, where trees or plants and supplies are raised and/or sold including related storage of equipment for residential and commercial landscaping.

Guest house means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests (six consecutive months or less) of the occupants of the premises, having kitchen and bathroom facilities, and not rented or otherwise used as a separate dwelling. (Other common names are mother-law-house, pool house, etc.)

Gymnastic or dance studio means an establishment providing for activities, services and instruction for the entertainment, exercise and improvement of physical fitness and technique of dance.

Handcraft shop means a specialty retail shop that supplies items necessary for arts and projects created by hand (e.g., weaving, needlepoint, wood work; stain glass work; porcelain, etc.).

Health club or gymnasium means a service establishment where athletic facilities such as handball, swimming, track, exercise devices, etc., are provided and may in addition include a whirlpool, sauna or massage service for members who shall register each time they utilize the club.

Height means the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:

(1)

The highest point of the roofs surface if a flat surface;

(2)

The deck line of mansard roofs; or

(3)

The mean height level between eaves and edge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Home occupation means an occupation or activity carried on in the home by a member of the occupant's immediate family, residing on the premises.

Home occupation means an occupation or activity carried on in the home by a person residing on the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes.

Hospice means a person licensed under this chapter to provide hospice services, including a person who owns or operates a residential unit or an inpatient unit.

Hospice services means services, including services provided by unlicensed personnel under the delegation of a registered nurse or physical therapist, provided to a client or a client's family as part of a coordinated program consistent with the standards and rules adopted under chapter 246 of the Texas Health and Safety Code. These services include palliative care for terminally ill clients and support services for clients and their families that:

(1)

Are available 24 hours a day, seven days a week, during the last stages of illness, during death, and during bereavement;

(2)

Are provided by a medically directed interdisciplinary team; and

(3)

May be provided in a home, nursing home, residential unit, or inpatient unit according to need. These services do not include inpatient care normally provided in a licensed hospital to a terminally ill person who has not elected to be a hospice client.

Hospital, general means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

Hospital, rehabilitation means an establishment that offers services, facilities, and beds for more than 24 hours for two or more unrelated individuals who are regularly admitted, treated, and discharged and who require services more intensive than room, board, personal services, and general nursing care; has clinical laboratory facilities, diagnostic x-ray facilities, treatment facilities, or other definitive medical treatment; has a medical staff in regular attendance; and maintains records of the clinical work performed for each patient.

Household appliance service and repair means the maintenance and rehabilitation of appliances customarily used in the home including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, and vacuum cleaners.

IBC means the International Building Code.

Ice cream truck means a commercial vehicle which serves as a traveling retail outlet selling frozen treats exclusively.

Insulated architectural metal panels means two single skin metal panels and a foamed-in-place core. The foam insulation is made of non-chlorofluorocarbon (nonOCFC) polyisocyanurate foam. Panels are installed with concealed clips.

Kennel means any lot or premises on which three or more dogs, cats or other domestic animals more than four months of age are housed or accepted for boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received.

Kiosk, exterior means a small, free-standing, one story, manned or unmanned structure used for retail purposes.

Laboratory, medical or dental, means facilities for testing and analyzing medical/dental related problems. The term "medical or dental laboratory" includes, but is not limited to, research, including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

Library means any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

Lot means an undivided tract or parcel of land under one ownership having frontage upon a public street or officially approved right-of-way or other approved access, either occupied or to be occupied by a building or building group, together with accessory buildings, and used together with such yards and other open spaces as are required by this chapter, which parcel of land is designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.

Lot, corner, means a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the city.

Lot, double frontage means any lot, not a corner lot, with frontage on two streets that are parallel to each other or within 45 degrees of being parallel to each other.

Lot line means the line bounding a lot as defined herein.

Lot line, front, means that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

Lot line, rear, means that boundary of a building lot which is most distant from or is most nearly parallel to the front lot line.

Lot line, side, means that boundary of a building lot which is not a front lot line or a rear lot line.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of the county clerk; or a parcel of land the deed for which is recorded in the office of the county clerk prior to the adoption of the ordinance from which this chapter is derived.

Lot or building site means land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this chapter, and having its principal frontage upon a public street or officially approved right-of-way or other approved access.

Lot width means the width of a lot at the front building line.

Manufactured home (HUD Code) means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning, and electrical systems. All references in this chapter to manufactured housing or manufactured home shall be references to HUD Code manufactured housing, unless otherwise specified. The term "manufactured home" does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g).

Manufactured home (HUD Code) park means any tract of land, under single ownership, of not less than one-half acre and not more than ten acres, approved for occupancy by manufactured homes and accessory structures.

Manufactured home (HUD Code) subdivision means a tract of land of not less than two acres to be used as a location primarily for owner-occupied HUD Code manufactured homes and which has been final platted of record in its entirety in accordance with chapter 30 for occupancy primarily by HUD Code manufactured housing and modular housing.

Masonry construction means all construction of stone material (including artificial stone), hard fired brick material, concrete masonry units, rock or other materials of equal characteristics laid up unit upon unit set and bonded to one another in mortar. It shall not include concrete masonry units commonly referred to as plain smooth concrete block.

Massage establishment means any place of business in which massage therapy is practiced by a massage therapist, as defined by state law. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myotherapy, or any derivation of those terms. The term "massage establishment" does not include, however, duly licensed beauty parlors and barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such a physician's direction.

Medical supplies (sales or service) means the sale and service of medical devices, medical equipment, laboratory equipment, diagnostic products and over-the-counter health related products.

Metal dealer, crafted precious means a place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects, or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or their alloys, including coins and commemorative medallions, under terms and conditions found in V.T.C.A., Occupations Code § 1956.051.

Metal walls means profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked on enamel painted to the wall manufacturer's standards.

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

Mobile food vendor means a mobile venue selling food or beverage including catering trucks, food trucks or food carts, mobile kitchens, or mobile canteens regulated by the Texas Department of State Health Services.

Mobile vendor (non-food) means any structure or vehicle on wheels or capable of being towed, or a temporary structure, used for the purpose of providing goods or services, for sale or otherwise.

Modular housing means industrialized home (single-family, also called modular prefabricated structure or modular home).

(1)

Is a residential structure that is:

a.

Designed for the occupancy of one or more families;

b.

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and

c.

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

(2)

Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.

(3)

Industrialized housing does not include:

a.

A residential structure that exceeds three stories or 49 feet in height;

b.

Housing constructed of a sectional or panelized system that does not use a modular component; or

c.

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Motel, motor hotel or motor lodge means a building or group of buildings designed for and occupied as a temporary dwelling place, providing four or more room units for compensation. Units provided for the customers and where the operation is supervised by a person in charge at all hours. A motel, motor hotel, or motor lodge may incorporate restaurants, clubrooms, banquet halls, ballrooms and meeting rooms as accessory uses.

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

Museum or art gallery means an institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.

Newspaper printing means paper that is printed and distributed usually daily or weekly and that contains news, articles of opinion, features, and advertising.

Nonconforming building or use means a building, structure or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, and which does not conform to the use regulations of the district in which it is located.

Nursery school/kindergarten means a childcare facility offering a program four hours or less per day for children who have passed their second birthday but who are under seven years old.

Occupancy means the use or intended use of the land or buildings by proprietors or tenants.

Off-street parking space means an area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way.

Open space means area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material.

Park, playground or recreation center, private, means a privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owner's association, or similar organization; not open to the public.

Park, playground or recreation center, public, means an open recreation facility, playground, open space or park owned and operated by a public agency and available to the general public.

Parking space means an all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

Pawnshop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker). The retail sale of primarily used items is also allowed, provided that the sale of such items complies with local, state and federal regulations. The term "pawnshop" has the meaning assigned to it by V.T.C.A., Finance Code ch. 371.

Permeable pavement means that which is made of either a porous material that enables stormwater to flow through it or nonporous blocks spaced so that water can flow through the gaps.

Personal service shop includes, but is not limited to, such uses as tailor/seamstress, shoe repair, barber/beauty salon, tanning salon, nail salon, or travel consultant.

Pervious pavement means that which is designed to allow percolation or infiltration of stormwater through the surface into the soil below where the water is naturally filtered and pollutants are removed.

Pet shop means a retail establishment offering for sale as pets small animals, fish, or birds and/or accessories and where all such creatures are housed within the building.

Pharmacy means a retail establishment where medicines are compounded or dispensed.

Planning and zoning commission means the duly appointed planning and zoning commission of the city.

Plat means a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the city.

Porous pavement means that which creates a paved surface with a higher-than-normal percentage of air voids to allow water to pass through it and infiltrate into the subsoil.

Principal building means a building containing the principal use of the lot.

Print shop means an establishment which reproduces printed or photographic impressions including but not limited to the process of composition, binding, plate making, microform, type casting, press work, and printmaking.

Recreational vehicle means any travel trailer, pickup camper, motor home, camping trailer, tent trailer, or similar vehicle which is designed for human habitation.

Refreshment stand means a food cart, trailer or other temporary structure selling refreshments to be set-up for an extended period of time onsite at a primary permanent commercial establishment.

Rental store means an establishment which offers an array of items such as appliances, furniture, stereo equipment, televisions, etc. at a stated price for a fixed interval of time under a lease or rental agreement.

Respite care means the provision by a facility, licensed under Chapter 252 of the Texas Health and Safety Code, to a person for not more than two weeks for each stay in the facility of:

(1)

Room and board; and

(2)

Care at the level ordinarily provided for permanent residents.

Facilities providing respite care must meet all requirements under Chapter 252 of the Texas Health and Safety Code and federal law.

Restaurant or cafeteria (dine-in service only) means an establishment operated for the retail sale of meals or refreshments, which is laid out and equipped so as to allow its patrons to be served at tables within the dining area.

Restaurant/cafeteria, with drive-in or drive thru service means an establishment operated for the retail sale of meals or refreshments, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles, or which allows the consumption of food or beverages at a table within the dining area.

Rest home or nursing home means a place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. The term "rest home" or "nursing home" includes a convalescent home.

Retail shops or stores means an establishment offering all types of consumer goods for sale, not elsewhere classified, but excluding the display and sale in the open outside a building of new or used automobiles, heavy machinery, building materials, used appliances, furniture, or salvage materials.

Retirement housing means a development providing dwelling units specifically designed for the needs of ambulatory or retired persons.

Room means a building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.

School, primary or secondary, means an institution of learning which offers instruction in the several branches of learning and study required by the Education Code of the state but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

School, trade or commercial, means establishments, other than public or parochial schools, private primary and secondary schools or colleges, offering training or instruction on a trade, art, or occupation.

Secondhand store, furniture or clothing, means an establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.

Self-storage, mini-warehouse, means a facility designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.

Servant's/caretaker's/guard's residence means an accessory building or a portion of an accessory building located on the same lot or grounds with the main building, or a portion of the main building, containing not more than one kitchen and used as living quarters for a person or persons employed on the premises for not less than 50 percent of his/her actual working time, and not otherwise used or designed as a separate place of abode.

Service yard of governmental agency means an area for the servicing and storage of vehicles or other property of a governmental agency.

Setback means the minimum distance as identified in this chapter between the walls of any projection of the building, excluding steps and unenclosed porch, and the front, rear and side lot lines, and extending across the full width of the lot, on which no building or structure may be erected.

Sewage pumping station means a facility for pumping sewage.

Sewage treatment plant means a facility for receiving and treating sewage from an approved sewer system.

Shopping center means a group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.

Shops, office, storage area of public or private utility means the pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.

Sight triangle means a triangle-shaped area adjacent to the intersection of two streets, formed by two lines extending 25 feet from the pavement intersection.

Single-family dwelling, attached, means a dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of 20 feet, in which each dwelling is located on a separate platted lot.

Single-family dwelling, detached means a detached building designed exclusively for occupancy by one family, excluding manufactured housing.

Stadium or play field, public, means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.

Stone material means granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all weather stone. Cut stone, dimensional stone, cast stone, and cultured stone are acceptable. Stone may also include cast or manufactured stone product, provided that such product yields a highly textured stone-like appearance, its coloration is integral to the masonry material and it is demonstrated to be highly durable and maintenance free; natural or manmade stone shall have a minimum thickness of three and five eighths inches when applied as a veneer.

Story means that portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of construing height requirements, the standard height for a story shall be 11 feet, six inches.

Street, public, means any thoroughfare or public driveway, other than an alley, more than 30 feet in width, which has been dedicated or deeded to the public for public use. The term "thoroughfare," as used herein, shall be deemed to have the same meaning as the term "street, public."

Street, private, means any thoroughfare or driveway, which has not been dedicated or deeded to the public for public use.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street; the right-of-way.

Structure means anything constructed, built, or erected.

Stucco means a three step hard coat Portland cement plaster applied to masonry or concrete walls or on a metal lath attached to frame construction, solid masonry or concrete construction.

Studio, artist, musician or photographer, means the working place of a painter, sculptor, musician, or photographer.

Studio, radio/television, means a place maintained and equipped for the transmission or making of radio or television programs.

Swimming pool, commercial/public, means a swimming pool with accessory facilities, part of the facilities which are available to the general public for a fee.

Swimming pool, private or HOA, means a swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling or neighborhood.

Taxidermist means an establishment that prepares, stuffs, and mounts the skins of animals and especially vertebrates.

Telephone exchange station means a switching or transmitting station owned by a public utility but not including business offices, storage, or repair shops or yards.

Temporary field office or construction yard or office means a structure of shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment.

Townhouse means a single-family dwelling unit on an individual lot which is a series of dwelling units having one or two common side walls with the other units in the series.

Trailer, travel trailer, cattle trailer, utility trailer, etc., means a vehicle designed to be drawn by another vehicle, attached to the towing vehicle or used in conjunction with a motor vehicle. Used for transporting property, passengers, animals, etc., wholly on its own structure.

Use means the classification of the purpose or activity for which land or buildings are designated, arranged, intended, occupied or maintained.

Vehicle storage facility (VSF) means a garage, parking lot, or any facility owned or operated by a person, other than a governmental entity, for storing or parking ten or more vehicles, without the consent of the owners of the vehicles.

Veterinary clinic means a facility or station designed and used for the examination and treatment of disease and injury in animals and especially, but not limited to domestic animals. A veterinary clinic may also offer boarding services to accommodate animals.

Water pumping station or well means a facility for the ground storage and transmission of water.

Water storage, elevated, means an elevated tank used as a reservoir for maintaining pressure in a water system.

Water storage, ground, means a water storage facility for the storage of water at ground level.

Water treatment plant means a facility purifying, supplying, and distributing public water.

Wholesale means the sale of goods, merchandises, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public.

Yard means an open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

(1)

Yard, front, means an open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

(2)

Yard, rear, means an open, unoccupied space, except for accessory buildings as herein permitted, between the building and the rear lot line and extending across the rear of a lot from one side lot line to the other side lot line.

(3)

Yard, side, means an open, unoccupied space on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not designated as the rear line or front line shall be deemed a side line.

Zero lot line means a single-family dwelling that is built adjacent to one side property line.

Zoning district map means the official certified map upon which the boundaries of the various zoning districts are drawn.

(Ord. No. 120910-01, § 1(ch. 2), 12-9-2010; Ord. No. 051211-02, § 1, 5-12-2011; Ord. No. 013014-01, § 1(Exh. A), 1-30-2014; Ord. No. 033017-01, § 2, 3-30-2017; Ord. No. 120822-01, § 1(Exh. A), 11-17-2022)

(a)

The city council shall designate an administrative official who shall be responsible to supervise the administration and enforcement of this chapter. The administrative official may be provided with the assistance of such other persons or consultants as the city council may deem necessary or appropriate.

(b)

If the administrative official finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. No. 120910-01, § 1(ch. 1, § 4), 12-9-2010)

(a)

Creation. There is hereby created a planning and zoning commission of the city.

(b)

Membership, appointment, terms of office and removal from office.

(1)

The commission shall consist of five members who shall serve without compensation and shall be appointed by the city council. Members shall be residents of the city, taxpayers, and qualified voters. If a member of the commission ceases to reside in the city, that person shall be deemed to have resigned from the commission as of the date of his residence change and the city council shall appoint a new commission member to fill the remainder of the resigning member's term. Administrative officials of the city may be appointed as ex-officio, nonvoting members of the commission.

(2)

The members of the commission shall serve four-year staggered terms with even-numbered positions being appointed in January of even-numbered years and odd-numbered positions appointed in January of odd-numbered years. An appointment to fill a vacancy shall be for the unexpired term. A member serving to fill an unexpired term shall be eligible for reappointment to serve a full term.

(3)

Unless otherwise required by state law, all members serve at the pleasure of the city council and may be removed at any time with or without cause.

(c)

Power and duties of the commission. The planning and zoning commission shall serve in an advisory capacity to the mayor and city council and shall have the following authorities, powers and duties:

(1)

Develop, support, and recommend updates and amendments to the city's comprehensive plan for the orderly growth and development of the city at the direction and with the approval of the mayor and city council.

(2)

Develop, support, and recommend updates and amendments to various city ordinances to facilitate the implementation of the goals of the comprehensive plan.

(3)

Draft and recommend to the city council, for its action, an official zoning map of the city and recommend changes to such map.

(4)

On a continuing basis, review and make recommendations to the city council, for its action, policies with respect to annexation, capital improvements and other matters affecting the development of the city.

(5)

Recommend to the city council the hiring of a planner, engineer or consultant to assist in fulfilling any of the duties of the commission.

(6)

Perform such other duties and functions as the city council may, from time to time, grant to the commission for the purpose of promoting the health, safety, morals or general welfare of the city.

(d)

Organization and meetings.

(1)

The commission shall have a chairperson and vice-chairperson elected from its membership to serve for a one-year term. Officers shall be elected annually at the first meeting in January by the commission. The chairperson shall preside over the commission and shall have the right to vote on all items before the commission. The vice-chairperson shall fulfill the duties of the chairperson when the chairperson is not available for any reason. The commission may elect other officers as necessary to conduct the business of the commission.

(2)

The commission may adopt and establish such rules, regulations or bylaws as necessary for the orderly conduct of its business, subject to the approval by the city council.

(3)

The commission should hold regularly scheduled monthly meetings. All meetings shall be at a time and place established by the commission and shall be held in accordance with the Texas Open Meetings Act. Special meetings may be called by the city council, chairperson, administrative official, or upon the written request of any three commission members.

(4)

A quorum shall consist of a majority of the members of the commission, except that when a vacancy exists, a quorum shall consist of a majority of the members without regard to the vacancy. The concurring vote of a majority of members present is necessary to make a valid motion, decision, or recommendation of the commission. The commission shall keep a record, which shall be reasonably available to the public, of its resolutions, proceedings and actions.

(5)

Recognizing that members serve voluntarily and that the business of the commission is advisory in nature, and keeping a proper balance between those principles and the important nature of the public business entrusted to the commission, the following attendance policy shall apply to all members of the commission:

a.

If a member is absent for three consecutive meetings, unless otherwise excused as indicated herein, his appointment shall be terminated. In addition, any member who misses an unreasonable number of meetings, which may not necessarily be consecutive but without excuse as set forth, may be removed by majority vote of the city council.

b.

Absences may be excused if caused as a result of illness, death of a family member or close personal friend, scheduled vacation, business, travel, or other extraordinary circumstances. The chairperson of the commission shall be responsible for determining whether an absence may be excused.

c.

Members shall strive to notify the chairperson or other appropriate officer of the commission in advance of any known or planned absence to enable the chairperson or other officer to determine if a quorum will be present. Failure to give reasonable notice may be considered when determining whether an absence shall be excused.

(6)

A public record shall be kept of all transactions, findings, resolutions, determinations and actions of the commission as required by law. All public records shall be open to the public under the Open Meetings Act.

(7)

A commission member having any potential conflict of interest on any policy decision, or determination before the commission shall disclose such conflict, shall recuse themselves from discussion on the topic involving such conflict and shall abstain from voting on such policy, decision or determination. The disclosure of a conflict of interest shall be recorded in the commission's minutes.

(Ord. No. 120910-01, § 1(ch. 1, § 5), 12-9-2010)

(a)

Creation.

(1)

There is hereby created a zoning board of adjustment. The zoning board of adjustment shall consist of at least five members to be appointed by the city council for terms of two years. The city council may appoint alternate board members to serve in the absence of one or more regular members. An alternate member serves for the same period as a regular member.

(2)

Insofar as this chapter is concerned, the members of the city council may serve in the capacity of the zoning board of adjustment as authorized in V.T.C.A., Local Government Code § 211.008(g).

(3)

Each case before the zoning board of adjustment must be heard by at least 75 percent of the members of the board.

(4)

The board by majority vote shall adopt rules in accordance with any ordinance adopted under V.T.C.A., Local Government Code ch. 211, subch. A. Meetings of the board are held at the call of the presiding officer and at all other times as determined by the board. All meetings of the board shall be open to the public.

(5)

The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records.

(b)

Authority of the board.

(1)

The zoning board of adjustment may:

a.

Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of V.T.C.A., Local Government Code ch. 211, subch. A or an Ordinance adopted under V.T.C.A, Local Government Code ch. 211, subch. A;

b.

Hear and decide special exceptions to the terms of this chapter when the chapter requires the board to do so;

c.

Authorize in specific cases a variance from the terms of a zoning regulation if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the regulations would result in unnecessary hardship, and so that the spirit of the regulation is observed and substantial justice is done; and

d.

Hear and decide other matters authorized by an ordinance adopted under V.T.C.A., Local Government Code ch. 211, subch. A.

(2)

The following types of possible findings do not constitute sufficient grounds for the granting of a variance in accordance with subsection (b)(1)c of this section:

a.

The property cannot be utilized for its highest and best use.

b.

The hardship identified is based on financial or economic issues.

c.

The hardship was created by the property owner or an agent thereof, whether knowingly or unknowingly.

d.

The property owner is unable to develop the property as they desire.

(3)

In exercising its authority under subsection (b)(1)a of this section, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the administrative official.

(4)

The concurring vote of 75 percent of the members of the board is necessary to:

a.

Reverse an order, requirement, decision, or determination of an administrative official;

b.

Decide in favor of an applicant on a matter on which the board is required to pass under this chapter; or

c.

Authorize a variation from the terms of this chapter.

(c)

Appeal to board.

(1)

Except as provided by subsection (c)(5) of this section, any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

a.

A person aggrieved by the decision; or

b.

Any officer, department, board, or bureau of the municipality affected by the decision.

(2)

The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed.

(3)

An appeal stays all proceedings and furtherance of the action that is appealed unless the official from whom the appeal is taken certifies, in writing, to the board, facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.

(4)

The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time.

(5)

A member of the city council may not bring an appeal under this section.

(d)

Judicial review of board decision.

(1)

Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:

a.

A person aggrieved by a decision of the board;

b.

A taxpayer; or

c.

An officer, department, board, or bureau of the municipality.

(2)

The petition must be presented within ten days after the date the decision is filed in the board's office.

(Ord. No. 120910-01, § 1(ch. 1, § 6), 12-9-2010)

(a)

Authority to amend ordinance. The city council may, from time to time, on its own motion, by initiation of the planning and zoning commission, by request of the administrative official, or upon proper application or petition from a property owner or their authorized representative, establish initial zoning boundaries or amend or extend the boundaries of an existing zoning district shown on the zoning map of the city or amend, supplement, change, modify or repeal, by ordinance, the regulations and standards contained herein.

(b)

Declaration of policy and review criteria.

(1)

The city hereby declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

a.

To correct any error in the regulations or map;

b.

To recognize changed or changing conditions or circumstances in a particular locality;

c.

To recognize changes in technology, the style of living, or manner of conducting business; or

d.

To change the property to uses in accordance with the city's adopted comprehensive plan.

(2)

In making a determination regarding a requested zoning change, the planning and zoning commission and the city council shall consider the following factors:

a.

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;

b.

Whether the proposed change is in accordance with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;

c.

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances that may make a substantial part of such vacant land unavailable for development;

d.

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;

e.

How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved; and

f.

Any other factors that will substantially affect the public health, safety, morals, or general welfare.

(c)

Application and determination of completeness.

(1)

Every application for zoning, rezoning, or amendment to the regulations of this chapter shall be subject to a determination of completeness by the administrative official.

(2)

No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this chapter. For a determination of completeness to be issued, an application must include the following:

a.

Payment of the appropriate fee;

b.

An accurate metes and bounds description of the subject property (or other suitable legal description);

c.

A survey exhibit and other appropriate exhibits as deemed necessary by the administrative official including, but not be limited to, site plans, maps, architectural elevations, and information about proposed uses; and

d.

A notarized statement verifying land ownership and, if applicable, authorization of land owner's agent to file the zoning change request.

(3)

The administrative official may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this chapter.

(4)

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this chapter.

(5)

Not later than the tenth business day after the date an application is submitted, the administrative official shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this chapter have been submitted. A determination that the application is incomplete shall be mailed to the applicant within such time period by United States certified mail at the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information is not submitted within 45 days after the date the application was submitted.

(6)

An application filed on or after the effective date of the ordinance from which this chapter is derived shall be deemed complete on the 11th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant shall be deemed to have been notified if the city has mailed a copy of the determination as provided in subsection (c)(5) of this section.

(7)

The processing of an application by any city employee prior to the time the application is determined to be complete shall not be binding on the city as the official acceptance of the application for filing. The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant.

(8)

An application for a zoning, rezoning, or amendment to the regulations of the ordinance from which this chapter is derived shall be deemed to expire on the 45th day after the application is submitted to the administrative official for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this chapter or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application must be submitted.

(d)

Public hearing and notice.

(1)

Upon filing of a complete application, the administrative official shall establish the date for a public hearing on the application and shall provide notice as provided in this section and shall place the application on an agenda of the planning and zoning commission.

(2)

Before the tenth day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the city properly addressed with postage paid, in the United States mail.

(3)

Upon receiving the recommendation of the planning and zoning commission regarding a proposed change in zoning regulations or zoning district boundaries, the city council shall call a public hearing for consideration of the application.

(4)

All changes in zoning regulations and zoning classifications require a public hearing before the city council. Before the 15th day before the date of the hearing, notice of the time and place of the hearing before the city council shall be published in an official newspaper or a newspaper of general circulation in the city.

(5)

Withdrawal. Any proposal or application may be withdrawn by the applicant after the commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the city council will not consider it. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original application.

(e)

Planning and zoning commission consideration and recommendation.

(1)

The planning and zoning commission shall function in accordance with section 38-106 and with any other applicable provisions of other city ordinances or state law.

(2)

The planning and zoning commission shall hold a public hearing on all proposed changes to zoning regulations or zoning district boundaries. If, at the conclusion of the hearing, the planning and zoning commission recommends approval of proposed changes to zoning regulations or zoning district boundaries to the city council, said recommendation shall be by motion of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommendation shall be submitted to the city council in writing and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

(3)

The planning and zoning commission may, on its own motion or at the applicant's request, postpone consideration of the request for not more than 90 calendar days from the time the public hearing was first opened, or until it has had an opportunity to consider other information or proposed modifications to the request that may have a direct bearing on the recommendation to the city council. If the commission elects to postpone the request, such postponement shall specifically state the time period of the postponement by citing the specific meeting date whereon the request will reappear on the commission's agenda, and further notice to surrounding property owners shall not be required.

(4)

When the commission is ready to act upon a zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions or modifications, or disapproval of the request. Each of the commission's recommendations shall be forwarded to the city council for a public hearing unless the applicant specifically requests otherwise. Any such request shall be submitted via a written request that is signed by the applicant.

(f)

City council consideration and action.

(1)

The city council shall receive the written recommendation of the planning and zoning commission regarding all changes in zoning regulations or zoning district boundaries and shall hold a public hearing.

(2)

If the planning and zoning commission has recommended to the city council that a proposed amendment be disapproved, the city council may adopt or refuse to adopt the amendment by a simple majority vote of the councilmembers present and voting.

(3)

When the planning and zoning commission has recommended to the city council that a proposed amendment be approved, the city council may disapprove the petition or application for amendment by a simple majority vote of the city councilmembers present and voting.

(4)

If a proposed change to a regulation or boundary is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the city council. The protest must be written and signed by the owners of at least 20 percent of either:

a.

The area of the lots or land covered by the proposed change; or

b.

The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

(5)

In computing the percentage of land area under subsection (f)(4) of this section, the area of streets and alleys shall be included.

(g)

Effect of denial of application.

(1)

In the event that an application for a change in zoning regulation or zoning classification is denied by the city council, said application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the city council, to be eligible for consideration within one year of the denial of the original application.

(2)

In the event a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered to be substantially different from the application denied.

(Ord. No. 120910-01, § 1(ch. 1, § 7(div. 1)), 12-9-2010)

(a)

General provisions. The uses listed in each district as specific use permit required are prohibited in the district unless and until a specific use permit is granted for such use by the city council in accordance with the requirements and procedures set forth in this section.

(b)

Intent. The intent of a specific use permit is to authorize and regulate a use not normally allowable in a zoning district, but if controlled as to the number, area, location, duration, or relation to the neighborhood, and if made subject to adequate development standards and safeguards established for such use during the review of a specific use permit application, would not be detrimental to promote the health, safety, and welfare of the neighborhood and the community. These permits are issued based on the decision that the use is in general conformance with the comprehensive plan and contingent upon such requirements and safeguards as necessary to protect the public health, safety, and welfare of the adjacent landowners and the city at large.

(c)

Hearing and procedure.

(1)

A property owner or authorized agent may request the issuance or renewal of a specific use permit for the property. A specific use permit may only be granted following public hearings before the planning and zoning commission and city council in accordance with the same notice, hearing, and voting requirements as required for zoning changes in section 38-108.

(2)

Notwithstanding the provisions of subsection (c)(1) of this section, if a specific use permit is issued for a definite term, it may be renewed in accordance with this section.

a.

To prevent expiration of a specific use permit before the renewal process can be completed, the applicant should apply for renewal at least 90 days before the date of expiration.

b.

The administrative official shall place an item on the planning and zoning commission agenda for consideration, following the same notice and hearing procedures as for original application.

c.

The planning and zoning commission shall recommend renewal or denial to the city council and it shall be placed on the next city council meeting agenda that allows sufficient time for notice. Before consideration at a city council meeting, the item shall be advertised as required for an original application, and the city council shall hold a public hearing before making a decision on the matter. The same notice, hearing, and voting procedures as required for an original application shall apply.

(d)

General requirements.

(1)

Any specific use permit, which is approved, shall meet the minimum requirements provided in the zoning district in which it is located.

(2)

All ordinances granting a specific use permit shall include provisions that a specific use permit shall automatically expire if:

a.

A building permit is not issued and construction has not begun within 180 days of the granting of the specific use permit.

b.

The use has not begun operation (if no construction is required) within 180 days of the granting of the specific use permit.

c.

The use is abandoned. A use which is discontinued for a period of 180 days, regardless of the intent, is presumed to be abandoned.

d.

The term for which the specific use permit was issued has expired and it has not been renewed.

(e)

Additional information requests. The planning and zoning commission and city council, in reviewing an application for a specific use permit, may require that the applicant supply additional plans, special information, expert evaluations, or other information deemed reasonable concerning the location, function, and characteristics of any building or use proposed. The city council may, in the interest of public welfare and to ensure compliance with this chapter, establish conditions of operation, location, arrangement, and type and manner of construction of any specific use permit. In authorizing the location of any specific use permit, the city council may impose such development standards and safeguards which it deems advisable to protect adjacent properties or the health, safety, morals, or welfare of the community.

(f)

Factors to be considered. In granting or denying an application for a specific use permit, the city council shall take into consideration the following factors:

(1)

Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site.

(2)

Safety from fire hazard and measures of fire control.

(3)

Protection of adjacent property from flood or water damage.

(4)

Noise producing elements and glare of vehicular and stationary lights and effects of such lights on established character of the neighborhood.

(5)

Location, lighting, type of signs, and relation of signs to traffic control and adverse effect on adjacent properties.

(6)

Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.

(7)

Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses, location of ingress and egress, points for parking and off-street loading spaces, and protection of the public health by all weather surfacing on all parking areas to control dust.

(8)

Compatibility of the proposed use with surrounding and adjacent properties and whether such use will adversely affect the use and enjoyment of the surrounding and adjacent properties.

(9)

Such other measures as will secure and protect the public health, safety, morals, and general welfare.

(Ord. No. 120910-01, § 1(ch. 1, § 7(div. 2)), 12-9-2010)

(a)

Purpose. This section establishes a site plan review process for certain proposed residential, nonresidential, and mixed-use developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with the comprehensive plan and other appropriate design standards, safe and efficient vehicular and pedestrian circulation, adequate parking and loading, and adequate water supply, drainage and stormwater management, sanitary sewer facilities, and other utilities and services.

(b)

Applicability.

(1)

Site plan review and approval shall be required as follows:

a.

For any development that contains two or more residential dwelling units on a single tract, lot, or parcel of land.

b.

For any development that contains single-family attached dwelling units.

c.

For any nonresidential development.

d.

Any increase in an existing nonresidential structure or a residential structure that contains two or more residential dwelling units that is greater than 30 percent of the existing building square footage.

e.

For any planned development district.

f.

For any use requiring a specific use permit.

g.

For any single-family residential development that includes a private amenity or facility or a golf course.

h.

No building permit shall be issued for any of the developments in subsections (b)(1)a through g of this section until a site plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the approved site plan and associated engineering/construction plans. The site plan review process shall include, but not be limited to, the following steps:

1.

Preapplication conference;

2.

Site plan review and approval; and

3.

Construction of project (after city approval of required site plan and other associated plans, including platting and engineering plans).

(2)

The following land use activities are exempted from the requirements of this section:

a.

Construction of single-family dwellings, ordinary accessory structures and related land use activities.

b.

Ordinary repair and maintenance of existing structures or uses.

c.

Agricultural land use associated with farming or ranching activities.

d.

Incidental landscaping or grading.

e.

Interior alterations that do not substantially change the nature or use of the structure.

(c)

Changes to site plan.

(1)

Changes to the site plan shall be processed in the same manner as the original approved site plan.

(2)

Except as otherwise provided in subsection (c)(4) of this section, any site plan that is amended shall require approval of the planning and zoning commission.

(3)

Changes to the site plan which will affect the use of the land shall require either an amendment to a PD or a rezoning of property, whichever applies, and shall require the appropriate public hearings.

(4)

Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the administrative official. An aggrieved party may appeal the decision of the administrative official to the zoning board of adjustment in accordance with the provisions of this chapter.

(d)

Planning and zoning commission approval. Planning and zoning commission approval of a site plan that accompanies a zoning change request shall become part of the amended ordinance. Public hearings held by the commission for consideration of approval of such zoning change and accompanying site plan shall be conducted in accordance with state law and this chapter.

(e)

Review criteria. In its review of any site plan, the planning and zoning commission shall consider the following regarding the site plan:

(1)

Conforms to the land use of the surrounding area.

(2)

Can be served by the city's water and wastewater treatment system.

(3)

Can be served by other public utility systems.

(4)

Limits the rate of stormwater runoff to ensure that no greater runoff is allowed than that of the site in its existing condition and that to the extent practicable, existing points of discharge shall continue to be utilized.

(5)

Effectuates the extension of any required collector streets.

(6)

Minimizes the number of access points onto adjacent or internal collector streets or major thoroughfares and minimizes the number of driveways onto internal public streets, and that such driveways are placed as to mitigate potential traffic hazards and/or conflicts with nearby lower intensity land uses.

(7)

Establishes privacy through effective screening, buffer-yards and building location from abutting lower intensity land uses except between commercial and industrial districts.

(8)

Demonstrates that buildings and activities will be located in relation to one another in such a manner as to ensure adequate fire protection.

(9)

Confers additional street right-of-way if the respective abutting street is planned for expansion.

(10)

Demonstrates that buildings and activities will be located in relation to one another in such a manner as to ensure adequate penetration of light and air and setback from the vehicular circulation system.

(f)

Site plan contents. The site plan shall contain the information listed in this subsection, as determined applicable by the city. Any or all of the required features may be incorporated on a single drawing, if such drawing is clear and capable of evaluation by the planning and zoning commission and the administrative official.

(1)

A scale drawing on a minimum sheet size of 18 inches by 24 inches is required, showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets and an accurate survey of the boundary of tract, as well as a ledger size (11 inches × 17 inches) for file purposes.

(2)

Topography with contour interval of not less than two-foot intervals.

(3)

Where multiple types of land use are proposed, a land use plan delineating the specific areas to be devoted to various uses shall be required.

(4)

Where buildings are proposed, a site plan showing the location of each building and the minimum distance between buildings, and between buildings and the property lines, street lines and/or alley lines.

(5)

The square footage of each proposed building on the site.

(6)

Front, side, and rear building elevations of all proposed structures.

(7)

The height of the buildings and type of construction materials.

(8)

A plan indicating the arrangement and provision of off-street parking, off-street loading, and points of entry from adjoining thoroughfares.

(9)

Landscape plan.

(10)

Fire lanes as designated by the fire department.

(11)

The location of all fire hydrants.

(12)

A table showing land area, building area, parking area and a ratio of building area and land area, and a ratio of building/parking area and land area.

(13)

The location of all outside facilities for waste disposal.

(14)

The type, location, height, and orientation of all external illumination facilities.

(15)

The one percent floodplain and floodway limit locations. Specify floodplain map number and date.

(16)

A drainage plan shall be made a part of the site plan for development projects influenced by or containing major drainageways or containing floodprone areas as determined by the city engineer.

(17)

A performance standards report if deemed necessary by the administrative official because of the characteristics of the activities to be conducted on the site.

(18)

All pedestrian walks, malls, and open areas for use by tenants or the public; the types of surfacing of such paving or turfing to be used at all locations on the site.

(19)

Scale, north arrow, date of site plan preparation, and names and addresses of those responsible for the preparation of the site plan.

(20)

Title block, name of owner/applicant, developer, land planner, and/or other relevant participant.

(Ord. No. 120910-01, § 1(ch. 1, § 7(div. 3)), 12-9-2010)

(a)

Applicability. An application for a building permit is required prior to placement, construction or alteration of a building or structure. Approval of an application for a building permit authorizes the property owner to construct, alter or place a structure on the lot, tract or parcel. Approval of an application for a building permit also authorizes the property owner, upon completion of a structure intended for human occupancy, to make application for a certificate of occupancy.

(b)

Review process and application. An application for a building permit shall be prepared in accordance with the requirements established by the city. Applications must include all materials determined necessary by the city. Information regarding the format requirements and materials required for the application will be made available by the city.

(c)

Approval criteria. The city shall determine whether to approve a building permit based on the following criteria:

(1)

The application generally conforms to all prior approved development applications for the property and any variance petition authorizing variation from the standards otherwise applicable to the permit.

(2)

The location of the structure on the property is in accordance with all prior approved development applications.

(3)

The proposed plan for construction or alteration conforms to the building code and other applicable construction codes adopted by the city.

(4)

All applicable fees have been paid.

(5)

A final plat of the property has been recorded in the county plat records.

(6)

All public infrastructure required has been installed and accepted by the city or appropriate surety has been posted guaranteeing the construction of the required public infrastructure.

(d)

Expiration and extension.

(1)

A building permit shall expire if the building or work authorized by such permit is not commenced within one year from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one year. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee for the new permit shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and that the suspension or abandonment has not exceeded one year. If the suspension or abandonment has exceeded one year, the permit fee shall be the full fee for a new permit and shall comply with all codes and ordinances applicable at that time.

(2)

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The city may extend the time for action by the permittee for a period not exceeding one year on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

(Ord. No. 120910-01, § 1(ch. 1, § 7(div. 4)), 12-9-2010)

(a)

Applicability. An application for a certificate of occupancy is required after the construction, alteration or placement of a structure on a lot, tract or parcel and prior to habitation or any use of the structure. A certificate of occupancy also is required prior to a change in the use of any structure. Approval of a certificate of occupancy authorizes habitation or other occupancy of the structure in accordance with the terms of the certificate. A certificate of occupancy is required for the following:

(1)

Occupancy and use of a building hereafter erected or structurally altered by more than 50 percent.

(2)

Change in use of an existing building to a use of a different classification.

(3)

Occupancy and use of vacant land.

(4)

Change in the use of land to a use of a different classification.

(5)

Any change in the use of a nonconforming use.

(b)

Review process and application. An application for a certificate of occupancy shall be prepared in accordance with the requirements established by the city. Applications must include all materials determined necessary by the city. Information regarding the format requirements and materials required for the application will be made available by the city.

(c)

Criteria for approval. The city shall apply the following criteria in deciding the application for a certificate of occupancy:

(1)

The location of the structure on the property is in accordance with the approved application for the building permit.

(2)

Where a change of use in an existing structure is proposed, the use conforms to the use regulations governing the property.

(3)

The structure, following inspection by the administrative official, was built in conformity with the building code, fire code and other applicable building regulations.

(4)

All required infrastructure including, but not limited to, water, wastewater, streets, drainage, cable television, electric, internet, telephone and gas infrastructure has been installed, completed and is operational to the subject property.

(5)

There are no outstanding permit requirements.

(d)

Revocation of certificate. The city may institute proceedings to revoke a certificate of occupancy whenever the city determines that the certificate has been issued in error, or on the basis of incorrect information supplied, or that the use, dimensions, or other features of the structure authorized for occupancy, or any portion thereof, is in violation of any provision of this chapter, the building code or other construction codes.

(Ord. No. 120910-01, § 1(ch. 1, § 7(div. 5)), 12-9-2010)

A schedule of fees, fines and rates for the zoning regulations shall be established by resolution of the city council. The fee schedule may be changed from time to time by resolution of the city council, and made available for public examination in the office of the city secretary-treasurer.

(Ord. No. 120910-01, § 2, 12-9-2010)