Zoneomics Logo
search icon

Lake Jackson City Zoning Code

ARTICLE III

ZONE REGULATIONS3


Footnotes:
--- (3) ---

Editor's note— Ord. No. 79-700, § 21, enacted May 21, 1979, which amended this article, as amended by Ord. No. 80-727, § 1, adopted Feb. 4, 1980, provided:

"Section 21. This ordinance shall take effect on May 21, 1979, for zoning purposes and shall not affect properties platted (as provided in sections 19.10 through 19.14 of the subdivision ordinance of the City Code) prior to February 11, 1980, the date of the adoption of this correcting ordinance, nor shall it affect the Briarwood Subdivision Reserve west of Walnut Street as recorded in Volume 15, Page 251 of the plat records of Brazoria County."

State Law reference— Zoning districts, V.T.C.A., Local Government Code § 211.005.


Sec. 110-66.- Establishment of zones.

In order to carry out the provisions of this chapter, the city is hereby divided into seventeen (17) zones known as:

(1)

E-1 Single-family residence, estates.

(2)

R-1 Single-family residence.

(3)

R-2 Single-family residence.

(4)

R-2A Single-family residence.

(5)

R-3 Two-family residence.

(6)

R-4 Multifamily residence.

(7)

B-1 Neighborhood business.

(8)

B-1A Professional offices.

(9)

B-2 Central business.

(10)

B-3 Institutional zone.

(11)

C-1 Commercial.

(12)

C-2 Commercial.

(13)

M-1 Light industrial.

(14)

M-2 Heavy industrial.

(15)

T-1 Single-family residence, townhouse.

(16)

PURZ Planned unit residential zone.

(17)

PUD Planned unit development.

(18)

MH-1 Mobile home park.

(19)

MH-2 Manufactured home.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(1); Ord. No. 97-1421, § 1, 6-2-97; Ord. No. 99-1593, § 2, 3-15-99)

Sec. 110-67. - E-1, single-family residence, estates.

The following regulations shall be applicable to the E-1, single-family residence, estates, zoning district:

(1)

Description and purpose: The most restrictive of residential zones, composed chiefly of individual homes on relatively large lots.

(2)

Permitted use: One-family dwellings.

(3)

Maximum percentage of lot to be used for buildings or accessory structures: Twenty-five (25) percent.

(4)

Minimum living area for houses: Two thousand (2,000) square feet.

(5)

Maximum height of buildings: Two and one-half (2½) stories.

(6)

Minimum lot area: One (1) acre.

(7)

Minimum frontage of lot: Two hundred (200) feet.

(8)

Minimum lot depth: One hundred fifty (150) feet.

(9)

Minimum lot setback:

a.

From front, forty (40) feet.

b.

From side, twenty-five (25) feet.

c.

From rear, twenty (20) percent of depth.

d.

Side street, twenty-five (25) feet.

(10)

Permitted accessory uses: Servant quarters, garden, tool and play houses, personal recreational facilities, country club and incidental livestock, customary home occupations.

(11)

Accessory structures:

a.

Height, fifteen (15) feet.

b.

Side yard setback, twenty-five (25) feet minimum.

c.

Rear yard setback, thirty (30) feet.

d.

Front yard setback, sixty-five (65) feet.

e.

Maximum floor area, fifty (50) percent of principal building.

f.

No accessory structure shall be closer than the interior line of any easement.

(12)

Conditional uses: Golf course, parks.

(13)

Off-street parking: Minimum two-space garage (see section 110-162).

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(2); Ord. No. 10-1951, § 2, 12-6-2010)

Sec. 110-68. - R-1, single-family residence.

The following regulations shall be applicable to the R-1, single-family residence, zoning district:

(1)

Description and purpose: A highly restricted zone composed chiefly of individual homes.

(2)

Permitted use: One-family dwelling.

(3)

Maximum percentage of lot to be used for buildings or accessory structures: Thirty (30) percent.

(4)

Minimum living area for houses: One thousand four hundred (1,400) square feet.

(5)

Maximum height of buildings: Two and one-half (2½) stories or thirty-five (35) feet.

(6)

Minimum lot area: Fifteen thousand (15,000) square feet.

(7)

Minimum frontage of lot: One hundred (100) feet.

(8)

Minimum depth: One hundred fifty (150) feet.

(9)

Minimum yard setback:

a.

Front, thirty (30) feet.

b.

Side, ten (10) feet.

c.

Rear, fifteen (15) feet.

d.

Side street, fifteen (15) feet.

(10)

Permitted accessory use: Garden, tool and playhouses, personal recreation facilities.

(11)

Accessory structures:

a.

No storage, garden, tool or playhouse shall be used as a garage.

b.

Garages shall meet all the setback requirements as required for the principal building.

c.

No garage or driveway shall exit out the back of the lot.

d.

Maximum height, fifteen (15) feet.

e.

With the exception of subsection (f), if the total square footage of any individual accessory structure exceeds two hundred (200) square feet, that structure shall meet the setbacks for the principal building.

f.

An accessory structure whose square footage equals two hundred (200) square feet or less may be eligible for the alternate setbacks in accordance with section 110-86.

(12)

Conditional uses: Golf course, parks.

(13)

Off-street parking: Minimum two-space garage (see section 110-162).

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(3); Ord. No. 93-1235, § 1, 4-5-93; Ord. No. 07-1856, § 1, 8-6-2007; Ord. No. 10-1951, § 3, 12-6-2010; Ord. No. 22-2248, § 1, 6-6-2022)

Sec. 110-69. - R-2, single-family residence.

The following regulations shall be applicable to the R-2, single-family residence, zoning district:

(1)

Description and purpose. A medium-density zone composed primarily of individual homes.

(2)

Permitted use. One-family dwelling.

(3)

Maximum percentage of lot to be used for buildings or accessory structures. Thirty-five (35) percent.

(4)

Minimum living area for houses.

a.

For lots platted prior to July 3, 1961 that have less than seventy (70) feet of frontage, nine hundred (900) square feet;

b.

For all other lots, one thousand two hundred (1,200) square feet.

(5)

Maximum height of buildings. Two and one-half (2 ½) stories or thirty-five (35) feet.

(6)

Minimum lot area. Eight thousand four hundred (8,400) square feet.

(7)

Minimum frontage of lot.

a.

For lots platted prior to July 3, 1961, sixty (60) feet;

b.

For all other lots, seventy (70) feet.

(8)

Minimum lot depth.

a.

For lots platted prior to July 3, 1961, one hundred (100) feet;

b.

For all other lots one hundred twenty (120) feet.

(9)

Minimum yard setback.

a.

For lots platted prior to July 3, 1961 that have less than seventy (70) feet of frontage:

1.

Front, twenty-five (25) feet.

2.

Side, no less than five (5) feet on any one (1) side.

3.

Rear, fifteen (15) feet.

4.

Side street, fifteen (15) feet.

b.

For all other lots:

1.

Front, twenty-five (25) feet.

2.

Side, fifteen (15) feet total for both sides, no less than five (5) feet on any one (1) side.

3.

Rear, fifteen (15) feet.

4.

Side street, fifteen (15) feet.

(10)

Permitted accessory use. Garden, tool and playhouses, personal recreation facilities.

(11)

Accessory structures.

a.

No storage, garden, tool or playhouse shall be used as a garage.

b.

Garages shall meet all the setback requirements as required for the principal building.

c.

No garage or driveway shall exit out the back of the lot.

d.

Maximum height, fifteen (15) feet.

e.

With the exception of subsection (f), if the total square footage of any individual accessory structure exceeds two hundred (200) square feet, that structure shall meet the setbacks for the principal building.

f.

An accessory structure whose square footage equals two hundred (200) square feet or less may be eligible for the alternate setbacks in accordance with section 110-86.

(12)

Conditional uses. Parks.

(13)

Off-street parking.

a.

Minimum, for lots platted prior to July 3, 1961 that have less than seventy (70) feet of frontage, two (2) off-street parking spaces;

b.

For all other lots, minimum two-space garage (see section 110-162).

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(4); Ord. No. 93-1235, § 2, 4-5-93; Ord. No. 07-1856, § 1, 8-6-2007; Ord. No. 10-1951, § 4, 12-6-2010; Ord. No. 11-1964, § 1, 7-5-2011; Ord. No. 16-2099, § 1, 5-2-2016; Ord. No. 18-2164, § 1, 10-1-2018; Ord. No. 22-2248, § 2, 6-6-2022)

Sec. 110-69.1. - R-2A, single-family residence.

The following regulations shall be applicable to the R-2A, single-family residence zoning district:

(1)

Description and purpose: A medium-density zone composed primarily of individual homes.

(2)

Permitted use: One-family dwelling.

(3)

Maximum percentage of lot to be used for buildings or accessory structure: Thirty-five (35) percent.

(4)

Minimum living area for houses: One thousand (1,000) square feet.

(5)

Maximum height of buildings: Two and one-half (2½) stories or thirty-five (35) feet.

(6)

Minimum lot area: Seven thousand two hundred (7,200) square feet.

(7)

Minimum frontage of lot: Sixty (60) feet.

(8)

Minimum lot depth: One hundred twenty (120) feet.

(9)

Minimum yard setback:

a.

Front, twenty-five (25) feet.

b.

Side, five (5) feet total for both sides.

c.

Rear, fifteen (15) feet.

d.

Side street, fifteen (15) feet.

(10)

Permitted accessory use: Garden, tool and playhouses, personal recreation facilities.

(11)

Accessory structures:

a.

No storage, garden, tool or playhouse shall be used as a garage.

b.

Garages shall meet all the setback requirements as required for the principal building.

c.

No garage or driveway shall exit out the back of the lot.

d.

Maximum height, fifteen (15) feet.

e.

With the exception of subsection (f), if the total square footage of any individual accessory structure exceeds two hundred (200) square feet, that structure shall meet the setbacks for the principal building.

f.

An accessory structure whose square footage equals two hundred (200) square feet or less or is on a lot that borders a park or drainage way may be eligible for the alternate setbacks in accordance with section 110-86.

(12)

Conditional uses: Parks.

(13)

Off-street parking: Either a two-space garage or a carport type garage (See section 110-162).

(Ord. No. 97-1421, § 1, 6-2-97; Ord. No. 07-1856, § 1, 8-6-2007; Ord. No. 10-1951, § 5, 12-6-2010; Ord. No. 22-2248, § 3, 6-6-2022)

Sec. 110-70. - R-3, two-family residence.

The following regulations shall be applicable to the R-3, two-family residence, zoning district:

(1)

Description and purpose: A two-family dwelling zone providing most of the desirable residential characteristics attributed to single-family districts. In addition to large areas appropriate for such use it has useful application as a buffer zone bordering neighborhood shopping centers.

(2)

Permitted use: One-family dwelling, duplexes.

(3)

Maximum percentage of lot to be used for buildings or accessory structures: Forty-five (45) percent.

(4)

Minimum living area per family: Nine hundred (900) square feet.

(5)

Maximum height of buildings: Two and one-half (2½) stories or thirty-five (35) feet.

(6)

Minimum lot area: Eight thousand five hundred (8,500) square feet.

(7)

Minimum frontage of lot: One hundred (100) feet.

(8)

Minimum depth: Eighty-five (85) feet.

(9)

Minimum yard setback:

a.

Front, twenty-five (25) feet.

b.

Sides, ten (10) feet.

c.

Rear, fifteen (15) percent of depth.

d.

Side street, fifteen (15) feet.

(10)

Permitted accessory use: Garden, tool and playhouses, personal recreation facilities.

(11)

Accessory structures:

a.

No storage, garden, tool or playhouse shall be used as a garage.

b.

Garages shall meet all the setback requirements as required for the principal building.

c.

No garage or driveway shall exit out the back of the lot.

d.

Maximum height, fifteen (15) feet.

e.

With the exception of subsection (f), if the total square footage of any individual accessory structure exceeds two hundred (200) square feet, that structure shall meet the setbacks for the principal building.

f.

An accessory structure whose square footage equals two hundred (200) square feet or less may be eligible for the alternate setbacks in accordance with section 110-86.

(12)

Conditional uses: Parks.

(13)

Off-street parking:Minimum four (4) covered spaces (see section 110-162).

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(5); Ord. No. 93-1235, § 3, 4-5-93; Ord. No. 07-1856, § 1, 8-6-2007; Ord. No. 10-1951, § 6, 12-6-2010; Ord. No. 22-2248, § 4, 6-6-2022)

Sec. 110-71. - R-4, multifamily residence.

The following regulations shall be applicable to the R-4, multifamily residence, zoning district:

(1)

Description and purpose: A medium density zone for garden apartments, group housing and courts.

(2)

Permitted uses: One-family dwelling, apartment houses, duplexes, condominiums.

(3)

Maximum percentage of lot to be used for buildings or accessory structures: Fifty (50) percent.

(4)

Minimum living area per family: Four hundred fifty (450) square feet.

(5)

Maximum height of buildings: Two and one-half (2½) stories or thirty-five (35) feet, or as approved by city council after receiving the planning commission's recommendation.

(6)

Maximum density: Twenty (20) units per acre.

(7)

Minimum frontage of site: One hundred (100) feet.

(8)

Minimum site depth: One hundred twenty (120) feet.

(9)

Minimum site area: One (1) acre.

(10)

Minimum yard setback:

a.

Front, twenty-five (25) feet.

b.

Side, twenty-five (25) feet.

c.

Rear, twenty-five (25) feet.

d.

Side street, fifteen (15) feet.

(11)

Permitted accessory uses: Garden, tool, and playhouses, personal recreation facilities, boardinghouses, day nurseries, nursing homes, professional offices.

(12)

Accessory structures:

a.

No storage, garden, tool or playhouse shall be used as a garage.

b.

Garages shall meet all of the setback requirements as required for the principal building.

c.

No garage or driveway shall exit out the back of the lot.

d.

Maximum height, fifteen (15) feet.

e.

With the exception of subsection (f), if the total square footage of any individual accessory structure exceeds two hundred (200) square feet, that structure shall meet the setbacks for the principal building.

f.

An accessory structure whose square footage equals two hundred (200) square feet or less may be eligible for the alternate setbacks in accordance with section 110-86.

(13)

Conditional uses: Hospitals, clinics, funeral homes, fraternity/sorority houses, supervised living facilities, cemeteries, and residential care facilities.

(14)

Off-street parking: See section 110-162.

(15)

Off-street loading: None.

(16)

Other provisions: All signs shall be shielded and source of steady light. No signs larger than one hundred (100) square feet, nor exceeding 4:1 height to width or width to height ratio.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(6); Ord. No. 93-1235, § 4, 4-5-93; Ord. No. 07-1856, § 1, 8-6-2007; Ord. No. 10-1951, § 7, 12-6-2010; Ord. No. 17-2129, § 2, 4-3-2017; Ord. No. 17-2131, § 1, 4-3-2017; Ord. No. 19-2182, § 1, 8-5-2019; Ord. No. 22-2248, § 5, 6-6-2022)

Sec. 110-72. - B-1, neighborhood business.

The following regulations shall be applicable to the B-1, neighborhood business zoning district after January 1, 2000:

(1)

Description and purpose: A neighborhood shopping zone wherein retail business or selected service establishments supply commodities or services to meet the daily needs of the surrounding neighborhood, in which they are located. Uses which are not necessary to serve the neighborhood such as industrial/business supply or service facilities such as theaters, motels or warehouse style retail stores and automobile dealerships are not permitted in the zone unless built prior to January 1, 2000. B-1 neighborhood businesses that would be harmful to, or would adversely impact, single-family residential areas or facilities which are either hazardous, noxious or offensive to an ordinary reasonable person because of congested vehicular traffic, generation or emission of noise, vibration, smoke, dust, particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emission, are not permitted in this zone unless built prior to January 1, 2000. Those businesses and properties built prior to January 1, 2000, may be remodeled or rebuilt under the terms of the applicable building code or ordinance in effect on January 1, 2000.

Potentially harmful or objectionable characteristics of certain development may be mitigated by the inclusion of additional design or architectural features. To provide additional basis for exercising judgment in the determination of potential harm or adverse impact, permitted and conditional uses are listed below as well as use requirements and design limitations that serve to prevent potential harm.

(2)

Permitted uses: Office and office buildings, medical offices, studios, retail shops, service shops, drive-in eating places, groceries, day care facilities, auto repair, mobile food service vendor courts, and residential care facilities.

(3)

Maximum percentage of lot to be used by building: One hundred (100) percent.

(4)

Minimum floor area: None required.

(5)

Maximum height of building: Two and one-half (2½) stories or thirty-five (35) feet.

(6)

Minimum lot area: Two thousand (2,000) square feet.

(7)

Minimum frontage of lot: Twenty (20) feet.

(8)

Minimum depth of lot: One hundred (100) feet.

(9)

Minimum yard setback: None required.

(10)

Permitted accessory use: None allowed.

(11)

Accessory building: None allowed.

(12)

Conditional uses: Supervised living facilities, churches, and recreational businesses.

(13)

Off-street parking: See section 110-162.

(14)

Off-street loading: See section 110-163.

(15)

Other provisions: All signs shall be shielded and sources of light steady. All signs must be physically attached to the building and on property owned or leased.

(16)

The following provisions shall apply when B-1 neighborhood businesses have business lot lines within sixty (60) feet of single-family residential lot lines.

a.

Permitted uses:

Professional offices.

Medical offices.

Retail stores.

Convenience stores (not open more than nineteen (19) hours per day).

Service shops (i.e., hair salons, shoe repair, banking, dry cleaners and personal care facilities).

Day care centers.

Restaurants excluding those with drive-in or drive-through facilities.

Health clubs.

b.

Maximum percentage of lot to be used by building: That percentage allowed after taking into consideration the limits dictated by the provisions of (l)(1)4 below.

c.

Minimum floor area: None required.

d.

Maximum height of building: Two and one-half (2½) stories or thirty-five (35) feet.

e.

Minimum lot area: Two thousand (2,000) square feet.

f.

Minimum frontage of lot: Twenty (20) feet.

g.

Minimum depth of lot: One hundred (100) feet.

h.

Minimum yard setback.

i.

Permitted accessory use: None allowed.

j.

Accessory building: None allowed.

k.

Conditional uses:

Gasoline services not including car wash services.

Automotive repair conducted completely within an enclosed facility.

Supervised living facilities.

Convenience stores (twenty-four (24) hours per day).

Vehicular drive-in or drive-through restaurants.

l.

1.

Design limitations applicable to B-1 businesses with business lot lines within sixty (60) feet of single-family residential area lot lines:

i.

All garbage storage shall be screened and located no closer than ten (10) feet from a single-family residential zone and may not be located between the front of the structure and any street right-of-way.

ii.

See section 110-178 for additional design limitations and performance standards.

(17)

The following performance standards shall be used for the purpose of evaluating the development proposals in the neighborhood business zone if the proposed B-1 neighborhood business lot line is within sixty (60) feet of single-family residential area lot lines:

a.

New development shall be designed to be compatible with neighboring residential areas. This shall require that materials used on the outside of the buildings be of earth tone colors or colors conducive to colors in the surrounding residential area.

1.

Colors of awnings should be muted, natural or earth toned and related to major materials of the building.

2.

Window frames may be of an accent color to complement the major wall material.

3.

Paint shall be flat or semi-gloss.

4.

Metal roofs grey, natural green, rust or brown.

5.

Metal canopies dark anodized or black or to match roof.

This shall involve the preservation of the character and integrity of residential areas and the maintaining of an appropriate visual and functional interrelationship between residential and commercial uses. Potential intrusive design elements such as traffic circulation and light and glare shall be designed to designed to avoid interference with the residential environment.

b.

The height, scale, mass and bulk of buildings shall not be overbearing in relation to neighborhood residential structures. Height, scale, mass and bulk shall also be a function of their proximity to residential structures, with buildings in close proximity made to adhere to a similar scale of development. Potential view impediments shall also be considered.

c.

Architectural styles and features shall be compatible with and complementary to neighborhood residential structures to the extent commercial and residential structures share a visual relationship.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(7); Ord. No. 93-1241, § 1, 5-3-93; Ord. No. 00-1621, § 1, 1-18-2000; Ord. No. 13-2008, § 1, 4-15-2013; Ord. No. 15-2066, §§ 2, 3, 6-1-2015; Ord. No. 16-2100, § 2, 5-2-2016; Ord. No. 17-2129, § 3, 4-3-2017; Ord. No. 19-2182, § 2, 8-5-2019; Ord. No. 22-2249, § 2, 6-6-2022)

Sec. 110-73. - B-1A, professional offices.

The following regulations shall be applicable to the B-1A, professional offices, zoning district:

(1)

Purpose and description: A zone comprised of professional offices.

(2)

Permitted uses: Office and office buildings, medical offices, studios, retail shops, service shops, drive-in eating places, groceries, day care center, auto repair shops, newspaper, auto dealers, hotels, theatres, motels, banks and financial institutions, tattoo studios, mobile food service vendor courts, and residential care facilities.

(3)

Maximum percentage of lot to be used by building: One hundred (100) percent.

(4)

Minimum floor area: None required.

(5)

Maximum height: Four (4) stories, fifty (50) feet or as approved.

(6)

Minimum lot area: Two thousand (2,000) square feet.

(7)

Minimum frontage of lot: Thirty (30) feet.

(8)

Minimum depth of lot: One hundred (100) feet.

(9)

Minimum yard setback: None required unless abutting residential zone of E-1, R-1, R-2, R-3 or T-1, then there shall be a minimum setback of twenty (20) feet on the rear and on the side, for all buildings up to fifty (50) feet in height, where the property abuts such zones. If the building is greater than fifty (50) feet in height, the setback on the rear and side shall be twenty (20) feet plus twice the height of that portion of the building that is in excess of the first fifty (50) feet. Portions of drainage ditches on the property or between properties shall be credited to the landowner for the purposes of establishing the setback.

(10)

Permitted accessory use: None allowed.

(11)

Accessory building: Any customary, incidental to business as a conditional use. Materials must be similar to the principal building.

(12)

Conditional uses: Bowling alley and other recreational facilities, clinics and supervised living facilities, churches, and accessory buildings. No funeral homes.

(13)

Off-street parking: See section 110-162.

(14)

Off-street loading: See section 110-163.

(15)

Other provisions:

a.

All signs shall be shielded and source of light steady. All signs must be physically attached to the building and on property owned or leased.

b.

See section 110-178 for additional design limitations and performance standards.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(9); Ord. No. 93-1241, § 3, 5-3-93; Ord. No. 00-1626, § 1, 3-20-2000; Ord. No. 11-1975, § 1, 11-21-2011; Ord. No. 13-2008, § 3, 4-15-2013; Ord. No. 15-2066, § 5, 6-1-2015; Ord. No. 17-2129, § 4, 4-3-2017; Ord. No. 19-2182, § 3, 8-5-2019; Ord. No. 22-2243, § 1, 1-3-2022; Ord. No. 22-2249, § 3, 6-6-2022; Ord. No. 23-2261, § 1, 1-3-2023)

Sec. 110-74. - B-2, central business.

The following regulations shall be applicable to the B-2, central business, zoning district:

(1)

Description and purpose: This zone is the principal area and permits most types of general commercial enterprise. Manufacturing and nuisance industries are excluded.

(2)

Permitted uses: Office and office buildings, medical offices, studios, retail shops, service shops, drive-in eating places, groceries, day care center, auto repair shops, newspaper, auto dealers, hotels, theatres, motels, banks and financial institutions, tattoo studios, mobile food service vendor courts, and residential care facilities.

(3)

Maximum percentage of lot to be used by building: One hundred (100) percent.

(4)

Minimum floor area: None required.

(5)

Maximum height: Four (4) stories, fifty (50) feet or as approved.

(6)

Minimum lot area: Two thousand (2,000) square feet.

(7)

Minimum frontage of lot: Thirty (30) feet.

(8)

Minimum depth of lot: One hundred (100) feet.

(9)

Minimum yard setback: None required unless abutting residential zone of E-1, R-1, R-2, R-3 or T-1, then there shall be a minimum setback of twenty (20) feet on the rear and on the side, for all buildings up to fifty (50) feet in height, where the property abuts such zones. If the building is greater than fifty (50) feet in height, the setback on the rear and side shall be twenty (20) feet plus twice the height of that portion of the building that is in excess of the first fifty (50) feet. Portions of drainage ditches on the property or between properties shall be credited to the landowner for the purposes of establishing the setback.

(10)

Permitted accessory use: None allowed.

(11)

Accessory building: Any customary, incidental to business as a conditional use. Materials must be similar to the principal building.

(12)

Conditional uses: Bowling alley and other recreational facilities, clinics and supervised living facilities, churches, special event venues and accessory buildings. No funeral homes.

(13)

Off-street parking: See section 110-162.

(14)

Off-street loading: See section 110-163.

(15)

Other provisions:

a.

All signs shall be shielded and source of light steady. All signs must be physically attached to the building and on property owned or leased.

b.

See section 110-178 for additional design limitations and performance standards.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(9); Ord. No. 93-1241, § 3, 5-3-93; Ord. No. 00-1626, § 1, 3-20-2000; Ord. No. 11-1975, § 1, 11-21-2011; Ord. No. 13-2008, § 3, 4-15-2013; Ord. No. 15-2066, § 5, 6-1-2015; Ord. No. 17-2129, § 4, 4-3-2017; Ord. No. 19-2182, § 3, 8-5-2019; Ord. No. 22-2243, § 1, 1-3-2022; Ord. No. 22-2249, § 3, 6-6-2022; Ord. No. 23-2261, § 1, 1-3-2023; Ord. No. 23-2277, § 2, 10-2-2023)

Sec. 110-75. - B-3, institutional zone.

The following regulations shall be applicable to the B-3, institutional zone, zoning district:

(1)

Description and purpose: A zone for cultural, educational and other institutional uses.

(2)

Permitted uses: Church, religious institution, public, private or parochial schools.

(3)

Minimum floor area: None required.

(4)

Maximum height: Four (4) stories, fifty (50) feet or as approved. The distance from average grade or curb level to the highest point of the roof, but not including chimneys, towers, spires and the like.

(5)

Minimum lot area: One (1) acre.

(6)

Minimum frontage of lot: Two hundred (200) feet.

(7)

Minimum yard setback: None required unless abutting residential zones of E-1, R-1, R-2, R-3 or T-1, then there shall be a minimum setback of twenty (20) feet on the rear and on the side, for all buildings up to fifty (50) feet in height, where the property abuts such zones. If the building is greater than fifty (50) feet in height, the setback on the rear side shall be twenty (20) feet, plus twice the height of that portion of the building that is in excess of the first fifty (50) feet. Portions of drainage ditches on the property or between properties shall be credited to the landowner for the purposes of establishing the setback. Front setback is thirty (30) feet.

(8)

Permitted accessory use: Parking garage, day care facility, cinerarium for a church or religious institution that meets the requirements listed in section 110-179.

(9)

Accessory building: Any customary, incidental to business.

(10)

Conditional uses: Playfield or stadium, recreation center; dental, non-surgical medical, and optical health services.

(11)

Off-street parking:

a.

No parking facility shall occupy any portion of a required setback within ten (10) feet of a public street or within ten (10) feet of a lot line adjacent to a residential zone (E-1, R or T-1) or more restrictive district.

b.

The parking requirements of section 110-162 shall apply.

(12)

Special conditions:

a.

Section 98-56 will apply.

b.

Screening devices will be required in accordance with the standards of section 90-63.

(13)

Off-street loading: See section 110-163.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(10); Ord. No. 11-1960, § 2, 6-6-2011; Ord. No. 14-2037, § 2, 4-7-2014)

Sec. 110-76. - C-1, commercial.

The following regulations shall be applicable to the C-1, commercial, zoning district:

(1)

Description and purpose: This is a zone designed to contain commercial businesses.

(2)

Permitted uses: Office and office buildings, medical offices, studios, retail shops, home improvement centers, service shops, restaurants, grocery stores, day care centers, auto repair shops, residential care facilities, newspapers, auto dealers, hotels, theatres, motels, banks and financial institutions, warehouses, wholesale business, veterinary clinic with or without temporary small animal boarding, laundries and cleaners, self-storage facilities or mini-warehouses, mobile food service vendor courts, and recreational businesses.

(3)

Maximum percentage of lot to be used by building: One hundred (100) percent.

(4)

Minimum floor area: None required.

(5)

Maximum height of building: Four (4) stories, fifty (50) feet or as approved.

(6)

Minimum lot area: Three thousand (3,000) square feet.

(7)

Minimum frontage of lot: Thirty (30) feet.

(8)

Minimum depth of lot: One hundred (100) feet.

(9)

Minimum yard setbacks: None required unless abutting residential zone of E-1, R-1, R-2, R-3 or T-1, then there shall be a minimum setback of twenty (20) feet on the rear and on the side, for all buildings up to fifty (50) feet in height, where the property abuts such zones. If the building is greater than fifty (50) feet in height, the setback on the rear and side shall be twenty (20) feet, plus twice the height of that portion of the building that is in excess of the first fifty (50) feet. Portions of drainage ditches on the property or between properties shall be credited to the landowner for the purposes of establishing the setback.

(10)

Permitted accessory uses: None allowed.

(11)

Accessory building: Any customary building that is incidental to the business located in the primary structure. The exterior of the accessory building will be consistent in appearance with the exterior of the primary structure.

(12)

Conditional uses: Churches; one (1) residential unit for a caretaker or similar personnel of self-storage facilities or mini-warehouses; research, development and testing laboratories; lumberyards; brickyards; warehouses; and small manufacturing.

(13)

Off-street parking: See section 110-162.

(14)

Off-street loading: See section 110-163.

(15)

Other provisions: See section 110-178 for additional design limitations and performance standards.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(11); Ord. No. 93-1241, § 4, 5-3-93; Ord. No. 00-1626, § 1, 3-20-2000; Ord. No. 08-1884, § 2, 7-7-2008; Ord. No. 13-2008, § 4, 4-15-2013; Ord. No. 14-2029, § 1, 1-6-2014; Ord. No. 15-2066, § 6, 6-1-2015; Ord. No. 17-2129, § 5, 4-3-2017; Ord. No. 19-2182, § 4, 8-5-2019; Ord. No. 22-2243, § 2, 1-3-2022; Ord. No. 22-2249, § 4, 6-6-2022)

Sec. 110-77. - C-2, commercial.

The following regulations shall be applicable to the C-2, commercial, zoning district:

(1)

Description and purpose: This zone is designed to contain highrise buildings.

(2)

Permitted uses: Hotels, motels, office buildings, medical offices, hospitals, banks, and financial institutions and research, development and testing laboratories.

(3)

Maximum percentage of lot to be used by building: One hundred (100) percent.

(4)

Minimum floor area: None required.

(5)

Maximum height of building: Four (4) stories, fifty (50) feet or as approved.

(6)

Minimum lot area: Ten thousand (10,000) square feet.

(7)

Minimum frontage of lot: Thirty (30) feet.

(8)

Minimum depth of lot: One hundred (100) feet.

(9)

Minimum yard setback: None required unless abutting residential zone of E-1, R-1, R-2, R-3 or T-1, then there shall be a minimum setback of twenty (20) feet on the rear and on the side, for all buildings up to fifty (50) feet in height, where the property abuts such zones. If the building is greater than fifty (50) feet in height the setback on the rear and side shall be twenty (20) feet plus twice the height of that portion of the building that is in excess of the first fifty (50) feet. Portions of drainage ditches on the property or between properties shall be credited to the landowner for the purposes of establishing the setback.

(10)

Permitted accessory uses: None allowed.

(11)

Accessory building: Any customary, incidental to business.

(12)

Conditional uses: None allowed.

(13)

Off-street parking: See section 110-162.

(14)

Off-street loading: See section 110-163.

(15)

Other provisions: See section 110-178 for additional design limitations and performance standards.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Ord. No. 00-1626, § 1, 3-20-2000; Code 1958, § 25-3(12); Ord. No. 13-2008, § 5, 4-15-2013; Ord. No. 14-2029, § 2, 1-6-2014; Ord. No. 15-2066, § 7, 6-1-2015)

Sec. 110-78. - M-1, light industrial.

The following regulations shall be applicable to the M-1, light industrial, zoning district:

(1)

Description and purpose: This zone permits most compounding, assembling or treatment of articles or materials with the exception of heavy manufacturing and the processing of raw materials.

(2)

Permitted uses: Machine shops, carpenter shops, ice manufacturing, light metal processing, meat and food processing, paper fabricating, plastic manufacturing, clay products manufacturing, trucking yard, dairy product manufacturing, feed and fuel yards and miniwarehouses.

(3)

Maximum percentage of lot to be used by building: One hundred (100) percent.

(4)

Minimum floor area: None required.

(5)

Maximum height: Four (4) stories, fifty (50) feet or as approved.

(6)

Minimum lot area: Eight thousand four hundred (8,400) square feet.

(7)

Minimum frontage of lot: Sixty (60) feet.

(8)

Minimum depth of lot: One hundred (100) feet.

(9)

Minimum yard setback: None required unless abutting residential zone of E-1, R-1, R-2, R-3, or T-1, then there shall be a minimum setback of twenty (20) feet on the rear and on the side, for all buildings up to fifty (50) feet in height, where the property abuts such zones. If the building is greater than fifty (50) feet in height the setback on the rear and side shall be twenty (20) feet plus twice the height of that portion of the building that is in excess of the first fifty (50) feet. Portions of drainage ditches on the property or between properties shall be credited to the landowner for the purposes of establishing the setback.

(10)

Permitted accessory use: No restrictions.

(11)

Accessory building: No restrictions.

(12)

Conditional use: Churches.

(13)

Off-street parking: See section 110-162.

(14)

Off-street loading: See section 110-163.

(15)

Other provisions: See section 110-178 for additional design limitations and performance standards.

(16)

This subsection is cumulative of subsections 110-76 and 110-77. All permitted and conditional [uses] in subsections 110-76 and 110-77 shall apply to the M-1 Zone. In the case of conflict, the stricter requirements shall apply.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(13); Ord. No. 93-1241, § 5, 5-3-93; Ord. No. 00-1626, § 1, 3-20-2000; Ord. No. 13-2008, § 6, 4-15-2013; Ord. No. 14-2040, § 1, 4-21-2014)

Sec. 110-79. - M-2, heavy industrial.

The following regulations shall be applicable to the M-2, heavy industrial, zoning district:

(1)

Description and purpose: This zone is designed to contain those industries which process raw material into useful goods.

(2)

Permitted uses: Machine shop, carpenter shops, ice manufacturing, light metal processing, meat and food processing, paper fabricating, plastic manufacturing, clay products manufacturing, trucking yard, dairy product manufacturing, feed and fuel yards and miniwarehouses. All other manufacturing must obtain special permits.

(3)

Maximum percentage of lot to be used for building: One hundred (100) percent.

(4)

Minimum floor area: None required.

(5)

Maximum height: Four (4) stories, fifty (50) feet or as approved.

(6)

Minimum lot area: Fifteen thousand (15,000) square feet.

(7)

Minimum frontage of lot: One hundred fifty (150) feet.

(8)

Minimum depth of lot: One hundred (100) feet.

(9)

Minimum yard setback: None required unless abutting residential zone of E-1, R-1, R-2, R-3 or T-1, then there shall be a minimum setback of twenty (20) feet on the rear and on the side, for all buildings up to fifty (50) feet in height, where the property abuts such zones. If the building is greater than fifty (50) feet in height the setback on the rear and side shall be twenty (20) feet plus twice the height of that portion of the building that is in excess of the first fifty (50) feet. Portions of drainage ditches on the property or between properties shall be credited to the land owner for the purposes of establishing the setback.

(10)

Permitted accessory uses: No restriction except no dwellings.

(11)

Accessory building: No restrictions.

(12)

Conditional use: Churches.

(13)

Off-street parking: See section 110-162.

(14)

Off-street loading: See section 110-163.

(15)

Other provisions: See section 110-178 for additional design limitations and performance standards.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(14); Ord. No. 93-1241, § 6, 5-3-93; Ord. No. 00-1626, § 1, 3-20-2000; Ord. No. 13-2008, § 7, 4-15-2013)

Sec. 110-80. - T-1, single-family residence, townhouse.

In a T-1, single-family residence, townhouse, zone designated and approved according to the provisions of this chapter, within the city or within the extraterritorial jurisdiction of the city for subdivision purposes, a townhouse or townhouse group may be erected or constructed, provided it meets the following requirements:

(1)

Description and purpose: A highly restricted high density residential zone composed of single-family townhouse dwellings.

(2)

Permitted uses: Single-family dwelling.

(3)

Maximum percent of project to be used for covered buildings: Fifty (50) percent, including common area. Those structures constituting "covered buildings" under this provision include, but are not limited to, buildings and required covered parking spaces.

(4)

Minimum living area per family: Eight hundred (800) square feet.

(5)

Lots: Each townhouse is located on an individual lot.

(6)

Units and area:

a.

There shall be at least four (4) connected units in each townhouse project.

b.

Each townhouse group shall have not less than four (4) adjoining townhouse units.

(7)

Maximum height of building: Thirty-five (35) feet or two and one-half (2½) stories.

(8)

Minimum area per family: Three thousand five hundred (3,500) square feet, including common area.

(9)

Minimum lot area: Two thousand (2,000) square feet.

(10)

Minimum frontage of lot: Twenty (20) feet.

(11)

Minimum lot depth: One hundred (100) feet.

(12)

Minimum yard setback:

a.

Each townhouse or townhouse group shall be set back from the front street five (5) feet for the building line.

b.

Each townhouse or townhouse group shall be set back from a side street twenty-five (25) feet for the building line.

c.

Each townhouse or townhouse group shall be set back from the rear lot line at least ten (10) feet for the building line. Garages or carports having direct access to a rear alley or common driveway shall set back from the rear lot line at least ten (10) feet; provided, however, the planning commission may reduce or waive the required rear setback requirements where a common area of at least twenty-five (25) feet in width is provided and there is provision for pedestrian and vehicular safety, utility service and privacy.

(13)

Permitted accessory use: Mechanical building, maintenance and tool shop and recreational building, customary home occupations.

(14)

Accessory building: Shall be the same design and appearance as townhouses and subject to the same maximum height restrictions.

(15)

Conditional uses: There are no conditional uses allowed.

(16)

Yards:

a.

Each lot shall contain a private yard with not less than three hundred (300) square feet of area. Not more than fifty (50) percent of the required private yard may be occupied by a driveway, but parking areas shall not be included in the computation of the required private yard. A wall or solid fence, not less than five (5) feet in height, shall be required on side lot lines where the required private yard adjoins such lot lines. A private yard may be a patio cover or roof which does not cover more than twenty-five (25) percent of the private yard.

b.

Within a townhouse project there shall be at least fifteen (15) feet of separation or combined sideyard between each townhouse group.

c.

No side yard shall be required between connected townhouses or units.

(17)

Parking spaces and driveways:

a.

Off-street parking: Minimum two-space garage.

1.

Off-street parking spaces shall be provided for each townhouse in the number specified in section 110-162.

2.

No parking shall be provided in the front five (5) feet of a townhouse lot or common area (unless the rear of the lot abuts Loop Road) nor in the twenty-five (25) feet adjacent to a side street.

b.

Driveways:

1.

No driveway shall be located in the front yard of a townhouse, unless the rear of the lot abuts Loop Road.

2.

One-way driveways shall be at least nine (9) feet in width, and two-way driveways shall be at least eighteen (18) feet in width.

(18)

Off-street loading: None.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, §§ 25-3(15), 25-3.1)

Sec. 110-81. - PUD, planned unit development.

See article IV for regulations applicable to the PUD, planned unit development, zoning district.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(17))

Sec. 110-82. - PURZ, planned unit residential zone.

See article V for regulations applicable to the PURZ, planned unit residential, zoning district.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(16))

Sec. 110-83. - MH-1, mobile home park.

See chapter 58 for regulations applicable to the MH-1 mobile home park zoning district. In addition to chapter 58, the following additional regulations shall be applicable to the MH-1 mobile home park zoning district:

(1)

Description and purpose: A medium-density zone composed primarily of individual mobile or manufactured homes.

(2)

Permitted use: One-family mobile home dwelling, to include HUD code manufactured homes.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, §§ 3, 4, 7-7-69; Ord. No. 74-545, §§ 1—4, 12-2-74; Ord. No. 76-602, §§ 1, 2, 9-20-76; Ord. No. 79-700, §§ 1—18, 5-21-79; Ord. No. 80-734, § 1, 3-3-80; Ord. No. 80-742, § 1, 6-16-80; Ord. No. 81-185, § 1, 8-24-81; Ord. No. 82-847, § 1, 3-1-82; Ord. No. 82-870, § 1, 9-20-82; Ord. No. 84-951, § 1, 1-21-85; Ord. No. 85-961, § 1, 2-4-85; Ord. No. 85-975, § 1, 5-6-85; Ord. No. 86-1008, § 1, 7-21-86; Ord. No. 86-1021, § 1, 11-3-86; Ord. No. 88-1061, § 2, 5-2-88; Ord. No. 90-1143, § 2, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-3(18); Ord. No. 99-1593, § 1, 3-15-99)

Cross reference— Mobile home park zone, § 58-41 et seq.

Sec. 110-84. - MH-2, manufactured homes.

Manufactured homes shall have the same definition found in Vernon's Ann. Civ. Stat. arts. 5221 et seq. The following regulations shall be applicable to the MH-2 manufactured homes zoning district:

(1)

Description and purpose: A medium-density zone composed primarily of individual manufactured homes.

(2)

Permitted use: One-family manufactured home dwelling.

(3)

Compliance with Code. Manufactured homes in MH-2 zone shall be subject to the terms, rules and regulations found in chapter 58 of this Code, specifically sections 58-65 et seq.

(Ord. No. 99-1593, § 2, 3-15-99)

Sec. 110-85. - Exceptions.

The following are exceptions to the regulations set out in this article:

(1)

Ornamental features and mechanical appurtenances may exceed height limitations, but in no case exceed one hundred forty (140) feet.

(2)

Unattached garages may be placed within ten (10) feet of rear lot line if an alley is used between lots.

(3)

Corner lots.

a.

Side yards for corner lots, where front and side setbacks have not been established by plat (approved by the planning commission), shall have a minimum front yard setback from the lot line required for that zone from both streets.

b.

For corner lots which have established front and side setbacks by plat (approved by the planning commission), those platted setbacks will control which is the front of the home and which is the side of the home (the front setback will be the larger of the two (2)).

(4)

If, for any reason of solar orientation, an entire area or any entire block is developed cooperatively or as a unit, standard yard regulations may be waived to carry out such purpose, providing that the zoning board of adjustment after public notice and hearing is of the opinion that such a development is not injurious to adjacent property.

(5)

Lots with schools and/or churches shall have twice the side setback requirements of residence when in residential zones.

(6)

Libraries and museums may be permitted in residential zones and must meet restrictions for churches.

(7)

This section shall not apply to the location, construction, maintenance or use of central office buildings or corporations, firms or individuals engaged in the furnishing of telephone service to the public, or to the location, construction, maintenance or any use of any equipment in connection with such buildings or a part of such telephone system, necessary in the furnishing of telephone service to the public.

(8)

The rear setback for in-ground swimming pools is whichever of the following is the greater distance from the rear property line (i) five (5) feet from the rear property line or (ii) the rear utility easement. This exception does not apply to screened enclosures or any other pool related structures.

(Ord. No. 259, 7-17-61; Code 1958, § 25-6; Ord. No. 94-1298, § 1, 7-5-94; Ord. No. 99-1593, § 2, 3-15-99; Ord. No. 18-2165, § 1, 10-1-2018)

Sec. 110-86. - Accessory structures in residential zones.

(a)

The total percentage of square feet for principal buildings and accessory structures may not exceed the maximum percentage of lot to be used for buildings.

(b)

The square footage of a single accessory structure shall not exceed fifty (50) percent of the principal building's footprint.

(c)

The total square footage of all accessory structures shall not exceed one hundred (100) percent of the principal building's footprint or shall not exceed the maximum percentage of lot to be used for buildings, whichever is less.

(d)

(1)

An accessory structure may meet the alternate minimum accessory structure setback if

a.

Its square footage equals two hundred (200) square feet or less; or

b.

The side of the lot where it will be located borders a park or drainage way.

(2)

Alternate minimum accessory structure setback:

a.

Side, five (5) feet or interior line of easement.

b.

Rear, five (5) feet or interior line of easement.

c.

Front, to front of house.

(e)

If the total square footage of accessory structures exceeds two hundred (200) square feet, only two hundred (200) square feet of those individual structures may meet the accessory setbacks. All other structures must meet the principal building setbacks. Square footage of structures may not be split between the alternate and principal building setback.

(1)

For example, if a residential lot has one (1) five (5) by ten (10) (fifty (50) square foot) structure and one (1) eight (8) by twelve (12) (ninety-six (96) square foot) structure, both structures may meet the alternate setbacks. However, adding a ten (10) by ten (10) (one hundred (100) square feet) structure would cause the total amount of accessory structure square footage to exceed two hundred (200) square feet, so the ten (10) by ten (10) building would be required to meet the principal building setback.

(f)

The following structures do not count towards the two hundred (200) square foot amount or to the maximum percentage of lot to be used for buildings:

(1)

In ground flag poles;

(2)

Fences;

(3)

Light poles;

(4)

Antennas;

(5)

Satellite dishes;

(6)

Screen enclosures;

(7)

Swimming pools;

(8)

Water features;

(9)

Garden structures;

(10)

A-frame playground equipment not anchored to the ground and that can be moved without being disassembled;

(11)

Flat decks that are no more than two (2) feet in height and are not attached to the principal building and do not have a roof; and

(12)

Flat decks that are attached to the principal building.

(Ord. No. 10-1951, § 8, 12-6-2010; Ord. No. 22-2248, § 6, 6-6-2022)