Luling City Zoning Code

ARTICLE II

- ESTABLISHMENT OF ZONING DISTRICTS

Section 3.0. - Number of districts.

For the purpose of this section the following districts are hereby established for the city:

(A)

(A-OS) Agricultural—Open Space District.

(B)

Residential Districts:

(1)

(R-1) Single-Family District.

(2)

(RLD) Single-Family and Duplex Dwelling District.

(3)

(RMD) Single-Family, Two-Family, and Multi-Family Dwelling District.

(4)

(RHD) Multiple-Family District.

(C)

(MH) Manufactured Home District.

(D)

Commercial Districts:

(1)

(C-1) Neighborhood Shopping District (Light).

(2)

(C-2) General Commercial District (Medium).

(3)

(C-3) Highway Commercial District (Heavy).

(E)

(D) Downtown District.

(F)

Industrial District:

(1)

(I)-General Industrial District.

(G)

(H) Historic Overlay District.

(H)

(P&I) Public and Institutional District.

(I)

(PD) Planned Development District.

Table 1
District	Min. Lot Size	Min. Lot Width	Min. Lot Depth	Min. Front Yard	Min. Rear Yard	Min. Side Yard	Max. Height of Bldg	Lot Coverage
A-OS	6,000 sq. ft. per D. U. 2 acres for Ag	60' for D. U.	100' for D. U.	25' for D. U. 150' for Ag Bldg	25' for D. U. 150' for Ag Bldg	10' for D. U.	35'	55%
R-1	6,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	25' for D. U.	6' for D. U.	2½ Stories or 35'	55%
RLD	6,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	25' for D. U.	6' for D. U.	2½ Stories or 35'	55%
RMD	3,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	15' per D. U.	10' for D. U.	5' for D. U.	2 Stories or 35'	55%
RHD	1,500 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	15' for D. U.	5' for D. U.	3½ Stories or 40'	See Section 3.05 F
MH	6,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	25' for D. U.	6' for D. U.	2½ Stories or 35'	40%
C-1	7,000 sq. ft.	60'	100'	25'	20'	See Section 3.07(E)(2)	2½ Stories or 30'	50%
C-2	By Approved Plan	60'	100'	25'	0'	0'	2½ Stories or 30'	50%
C-3	3,000 sq. ft.	30'	100'	50'	10'	25'	3½ Stories or 40'	50%
D	2,600 sq. ft.	20'	120'				3½ Stories or 35'	95%
I	1-acre	0'	0'	0'	See Section 3.11(D)(2)	0'	35'	50%
H	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve
P&I	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve
PD	Approved Plan As Per Designated District Indicated Above

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.01. - (A-OS) Agricultural—Open Space District.

(A)

General purpose and description. The A-OS, Agricultural—Open Space District is intended to preserve lands used primarily where agricultural and ranch land uses should be retained, where scattered non-farm growth should be prevented, and as a temporary classification for newly annexed lands.

(B)

Use permitted. Property and buildings in an A-OS, Agricultural—Open Space District shall be used only for the following purposes:

(1)

Single-family detached residential dwelling.

(2)

Raising of and harvesting crop production.

(3)

Livestock production, excluding feedlots and/or more than one (1) animal facility exceeding one thousand (1,000) square feet of roofed area.

(a)

Any customary agricultural use, building, or structure, including plant nurseries, gardens, greenhouses, orchards, and truck farms.

(b)

Private noncommercial recreational areas including riding facilities and rodeos.

(c)

Barns, stables, and pens for livestock.

(d)

Dairies and related establishments for processing milk products, not including retailing.

(e)

Temporary fruit/vegetable stand on premises used for agricultural purposes.

(f)

Accessory structures and uses customarily incident to the above uses and located on the same lot therein, not involving the conduct of any business or commercial enterprise.

(4)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by Condition Use Permit.

(1)

Bed and breakfast.

(2)

Commercial communication tower.

(3)

Country club.

(4)

Such use as may be deemed permissible under Zoning [App. B], Section 6.0.

(D)

Height regulations. No building shall exceed thirty-five (35) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard setback line for Residential Dwelling shall be twenty-five (25) feet.

(b)

The minimum depth of the front yard setback line for Agricultural buildings (barns, animal pens, etc.) shall be one hundred fifty (150) feet.

(c)

When a yard has double frontage, the front yard setback requirements for Residential Dwelling shall be complied with on both streets.

(d)

No accessory building shall be allowed in the front yard.

(i)

Exception: Water well pumphouse.

(2)

Side yard.

(a)

The minimum depth of the side yard setback line for Residential Dwelling shall be ten (10) feet.

(b)

The minimum depth of the side yard setback line for Agricultural buildings (barns, animal pens, etc.) shall be twenty-five (25) feet abutting another agricultural tract, and one hundred fifty (150) when abutting Residential District.

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line for Residential Dwelling shall be twenty-five (25) feet.

(b)

The minimum depth of the rear yard setback line for Agricultural buildings (barns, animal pens, etc.) shall be twenty-five (25) feet abutting another agricultural tract, and one hundred fifty (150) feet when abutting Residential District.

(F)

Lot regulations.

(1)

Area. For each agricultural open space, and accessory thereto, there shall be a lot area of not less than two (2) acres

(2)

Width. All lots shall be a minimum lot width of sixty (60) feet at the front property line, with the exception lots of a cul-de-sac arc which such lots shall abut on a street right-of-way for a distance of not less than forty-five (45) feet along the chord of the arc at the property line. The lot width along the chord of the cul-de-sac shall have a buildable width of sixty (60) feet at the front setback line. The average width of a lot shall be not less than sixty (60) feet.

(3)

(G)

Coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(H)

Parking regulations.

(1)

Permitted residential uses. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 5.0. The required off-street parking spaces shall not be permitted to be located within the required front or side yard.

(2)

Permitted non-residential uses. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 5.0. The required off-street parking spaces shall not be permitted to be located within the required front yard nor within ten (10) feet of a side or rear lot line.

(I)

Special provisions.

(1)

Construction and permanent barriers shall be approved by the Planning Coordinator and shall be in place before any site clearance or other site disturbing act commences. Construction barriers shall remain in place until final building and landscape inspection are satisfactorily completed for issuance of the Certificate of Occupancy by the Building Official.

(2)

Permanent barriers shall be maintained for the tenure of occupancy.

(3)

Refuse handling and collection: The owner or agent of the A-OS, Agricultural—Open Space shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every dwelling unit.

(4)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance. TBC

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.02. - (R-1) Single-Family Residential Districts.

(A)

General purpose and description. This is the most restrictive residential district. The principal use is the single-family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwelling and related facilities and through consideration of the proper functional relationship of the different uses.

(B)

Uses permitted. Property and buildings in an R-1, Single-Family Dwelling District shall be used only for the following purposes:

(1)

Detached one-family dwelling.

(2)

Telephone exchanges.

(3)

Home occupation (only by special condition use permit). No signage other than addressing of premises shall be permitted, except that of a single nameplate, not exceeding two (2) square feet in area, mounted flat against the wall of the principle building.

(4)

Transportation and utility easement, alleys, and right-of-way.

(5)

Accessory building which are not a part of a main building, including one (1) private garage, or accessory building which are a part of a main building, including one (1) private garage. Accessory buildings are not allowed to be used as residential dwellings.

(6)

Uses customarily incidental to any of the above uses when located upon the same lot and not involving the conduct of a business.

(7)

Fence—A fence, hedge, or enclosure wall provided:

(a)

No solid fence or enclosure shall exceed a height of six (6) feet, and no such six (6) foot fence or enclosure shall extend any closer than twenty-five (25) feet to any front yard lot line;

(b)

An ornamental fence may exceed six (6) feet in height but shall have a ratio of solid portion to open portion not in excess of one (1) to four (4) and shall not extend closer to any front yard lot line than twenty-five (25) feet;

(c)

Any fence or enclosure extending closer than twenty-five (25) feet to the front yard lot line shall not exceed a height of four (4) feet and have a ratio of solid portion to open portion not in excess of one (1) to four (4); and

(d)

Any fence, hedge, structure, or enclosure wall on a corner lot, and situated within twenty-five (25) feet of the intersections of the two (2) intersecting street right-of-way lines, shall not exceed a height of three (3) feet above the established grade at the point of intersection of the center lines of the intersecting streets.

(e)

Sight triangle required.

(8)

A temporary bulletin board or sign, not exceeding eight (8) square feet in area appertaining to the lease, hire, or sales of a single building or premises, which board or sign shall be removed as soon as the premises are leased, hired, or sold.

(9)

A church bulletin board or sign not exceeding fifty (50) square feet in area, located on the same lot with the church building.

(10)

One (1) unlighted sign not to exceed two (2) square foot in area and attached flat-wise to the building, such sign to advertise only an accessory use allowed by this section and being conducted on the same property upon which such sign is located.

(11)

Temporary building of the construction industry which is incidental to the erection of buildings permitted in this district and which shall be removed when construction work is completed.

(12)

Customary home occupations, if done inside of building, such as dressmaking, baby sitting, seamstress, tailoring, millinery, tutoring, when engaged in by members of the resident family and employing not more than one (1) person, not a member of the resident family; but not including beauty culture, barbering or appliance repairing. (Only by Condition Use Permit.)

(13)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Exception:

(1)

Habitable basement or attic counted as a story. In measuring heights, a habitable basement or attic shall be counted as a story. The habitable area shall consist of any room for sleeping, living, cooking, dining, bath, toilet, laundry, or similar spaces with more than six (6) feet above the floor and does not exceed two-thirds (⅔) of the floor area immediately above (a basement) or below (a attic). Any similar area smaller than this shall count as ½ story.

(2)

Projections not used for occupancy. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard setback line shall be twenty-five (25) feet.

(b)

Where fifty (50) percent or more of the lots fronting on one (1) side of the street between two (2) intersecting streets are improved with buildings, with front yards of less depth than required by this ordinance, the remainder of that block may be developed observing the same front yard setback line as is immediately adjacent thereto as established by the existing building.

(c)

When a yard has double frontage, the front yard setback requirements shall be complied with on both streets.

(d)

No accessory building shall be allowed in the front yard including garage, carport, storage, etc.

(2)

Side yard.

(a)

For dwelling located on interior lots there shall be a side yard setback on each side of the main building of not less than six (6) feet for dwellings of one (1) story, and of not less than ten (10) feet for dwellings more than one (1) story. (See exceptions [subsections] (C)(1) and (C)(2).)

(b)

The roof overhang, open fire escape, or outside stairway may project not more than one (1) foot into the required side yard, provided such projection is no closer than five (5) feet to the property line. The side yard area shall be open to the sky, unobstructed except for the ordinary projections of window sills, brick course, cornices, or other ornamental features.

(c)

For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet from roof overhang to side lot line. For accessory buildings over one (1) story the side setback shall require an increase of one (1) foot additional horizontally for each two (2) feet vertical over ten (10) feet in height.

(d)

For accessory buildings located on corner lots there shall be a side yard from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty-five (25) feet in every other case. The interior side yard of a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line shall be twenty-five (25) feet.

(b)

There shall be a separation in rear yard for a main building to accessory buildings of not less than ten (10) feet. Unattached buildings of accessory use shall be located in the rear yard of a main building.

(c)

An accessory building not exceeding twenty (20) feet in height nor closer than five (5) feet to any property line (rear or side) may be located in the required rear yard, provided such accessory building does not occupy more than twenty-five (25) percent of the rear yard area calculated for any given lot using the required yard and lot dimensions.

(d)

Off-street parking space shall not occupy more than forty (40) percent of the rear yard area.

(E)

Lot regulations. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than six thousand (6,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

Parking regulations. When a building or structure is erected or an existing building enlarged by fifty (50) percent or more in floor area, additional off-street parking spaces shall be provided, in accordance with the Section 5.0.

(1)

The off-street parking shall not be allowed within the front yard. All off-street parking must be set back along street frontages not less than the required yard setbacks or as far back as the front of immediately adjacent buildings, whichever is greater.

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

The only permitted off-street parking surface materials for parking areas and approaches are brushed or aggregate concrete, hot mix asphalt or masonry pavers. Grass, caliche, dirt, gravel, shell, slag, clay, or other similar surface materials shall not be permitted. Vehicles may only be parked on paved surfaces.

(4)

Off-street parking spaces shall not be used for storage of any trucks of over one (1) ton capacity, truck-trailer, bus, recreational vehicle (boat, golf cart, jet ski, travel trailer, ATV), or junk vehicle.

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

Refuse handling and collection: The owner or agent of the R-1, Single-Family Residential District shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every dwelling unit.

(2)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see zoning, conditional use permit, section (6) of the occupant of the premises.

(2)

Additional requirements under advertising. (See Advertising Ordinance, Section 6.4.013 A—E [subsections 6-53(a)—(e) in Code].)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.03. - (RLD) Single-Family and Duplex Dwelling District (low density).

(A)

General purpose and description. This residential district is slightly less restrictive than the R-1, Single-Family Residential District. The principal use is the single-family and two-family dwellings and related recreational, religious, and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from the encroachment of uses which are not appropriate to residential environment. Internal stability, attractiveness, order and efficiency are encouraged by proving for adequate light, air, and open space for dwellings and related facilities and through consideration of, the proper functional relationship of the different uses.

(B)

Uses permitted. Property and buildings in an RLD, Single-Family and Duplex Dwelling District shall be used only for the following purposes:

(1)

Any use permitted in an R-1, Residential District.

(2)

Two-family dwellings.

(3)

Garage apartments.

(4)

Duplexes.

(5)

Boarding homes.

(6)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Exception:

(1)

(2)

Projections not used for occupancy. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard setback shall be twenty-five (25) feet.

(b)

(c)

When a yard has double frontage, the front yard setback requirements shall be complied with on both streets.

(d)

No accessory building or structure shall be allowed in the front yard.

(2)

Side yard.

(a)

For dwelling located on interior lots there shall be a side yard setback on each side of the main building of not less than six (6) feet for dwellings of one (1) story, and of not less than seven and one-half (7½) feet for dwellings more than one (1) story. (See exception [subsections] (C)(1) and (C)(2).)

(b)

(c)

(d)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line shall be twenty-five (25) feet.

(b)

There shall be a separation in rear yard for a main building to accessory buildings of not less than ten (10) feet.

(c)

An accessory building not exceeding twenty (20) feet in height nor closer than seven and one-half (7½) feet to any property line (rear or side) may be located in the required rear yard, provided such accessory building(s) combined does not occupy more than twenty-five (25) percent of the rear yard area calculated for any given lot using the required yard and lot dimensions.

(d)

Off-street parking space shall not occupy more than forty (40) percent of the rear yard area.

(E)

Lot regulations. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than six thousand (6,000) square feet.

(2)

(3)

Depth. The average depth of the lot shall not be less than one hundred (100) feet, except that of a corner lot having a minimum width of not less than eighty (80) feet may have an average depth of less than one hundred (100) feet provided that the minimum depth is no less than eighty (80) feet. For dwellings there shall be a minimum lot width of sixty (60) feet at the front building line, and such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

A duplex shall require each dwelling unit provided to have a minimum of not less than three thousand (3,000) square feet of a lot and provided each parcel had access to a public street and meets all applicable ordinances.

(a)

The following items are established as minimum criteria for development within this District:

(i)

Permanent six (6) foot privacy fences shall be erected along all property lines which abut a single-family residential lot line prior to the acceptance of subdivision improvements by the City.

(2)

Refuse handling and collection: The owner or agent of the RLD, Single-Family and Duplex Dwelling Districts shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every dwelling unit.

(3)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.04. - (RMD) Single-Family, Two-Family, and Multi-Family Dwelling District (medium density).

(A)

General purpose and description. This residential district is slightly less restrictive than the RLD, Single-Family, and Duplex Dwelling Residential District. The principal use of land is for single-family dwellings, two-family dwellings, and multifamily dwellings as medium population density family complex, and related recreational, religious, and educational facilities area.

These provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from the encroachment of uses which are not appropriate to residential environment. Internal stability, attractiveness, light, air, and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses.

(B)

Uses permitted. Property and buildings in an RMD Single-Family, Two-Family, and Multi-Family dwelling district shall be used only for the following purposes:

(1)

Any use permitted in an RLD, Single-Family and Duplex Dwelling Residential District.

(2)

Multifamily complex consisting of three (3) to fifteen (15) dwelling units per acre.

(3)

Manufactured Home Park (subject to Chapter 66 of this Code).

(4)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations.

(1)

No building shall exceed two (2) standard stories or thirty-five (35) feet in height.

Exception:

(a)

(b)

Projections not used for occupancy. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard shall be fifteen (15) feet.

(b)

If twenty-five (25) percent or more of the lots on one (1) side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of greater than fifteen (15) feet, and no building varies more than six (6) feet from this average setback line, then no building shall be erected closer to the street line, than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than twenty-five (25) feet.

(c)

When a yard has double frontage the front yard requirements shall be complied with on both streets.

(2)

Side yard.

(a)

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than five (5) feet for dwellings of one (1) story, and not less than seven and one-half (7½) feet for dwellings of more than one (1) story.

(b)

For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet; provided, however, that unattached one (1) story buildings of accessory use shall not be required to set back more than three (3) feet from an interior side lot line when all parts of the accessory building are located more than fifty (50) feet behind the front line.

(c)

For dwelling and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less ten (10) feet in case such lot is back to back with another lot, and fifteen (15) feet in every other case. The interior side yard of a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

(3)

Rear yard.

(a)

There shall be a rear yard for a main building of not less than ten (10) feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

(E)

Lot regulations. Manufactured home park lots are subject to Chapter 66 of this Code. TBC.

When proposed building in a cluster arrangement or grouping which has a different arrangement, orientation, or other site planning variation from that of other buildings, structures, or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the planning and zoning commission.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than three thousand (3,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

Refuse handling and collection: The owner or agent of the RMD District shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every dwelling unit.

(2)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings containing residential units shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(5)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.05. - (RHD) Multi-Family Dwelling District (high density).

(A)

General purpose and description. This is a residential district to provide high population density family complex. The principal use of land may range from single-family to multifamily dwellings and garden home uses. Certain uses which are more compatible functionally with intense residential uses than with commercial uses are permitted. The recreational, religious, and educational facilities normally required to provide an orderly and attractive residential area are permitted. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and relationship of each use permitted in the district.

(B)

Uses permitted.

(1)

Any use permitted in the RMD, Residential District, except mobile homes, located on owner occupied lots.

(2)

Multiple-family dwellings and apartments consisting of more than fifteen (15) with a maximum of thirty (30) dwelling units per acre.

(3)

Garden home.

(4)

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(5)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No buildings shall exceed three and one-half (3½) stories or forty (40) feet in height.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

All buildings shall be set back from street right-of-way lines or lot lines to comply with following yard requirements:

(1)

Front yard.

(a)

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

(b)

Where lots have double frontage running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Side yard.

(a)

(b)

(c)

(3)

Rear yard.

(a)

There shall be a rear yard for a main building of not less than fifteen (15) feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

(E)

Lot regulations. When proposed building in a cluster arrangement or grouping which has a different arrangement, orientation, or other site planning variation from that of other buildings, structures, or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the planning and zoning commission.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than one thousand five hundred (1,500) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

A lot on which there is erected or converted a multiple-family dwelling shall contain a total lot area according to the following schedule:

(a)

Each efficiency unit—One thousand (1,000) square feet.

(b)

Each one-bedroom unit—One thousand four hundred (1,400) square feet.

(c)

Each two-bedroom unit—Two thousand three hundred (2,300) square feet.

(d)

More than two-bedroom unit—Two thousand three hundred (2,300) square feet plus two hundred (200) square feet for each bedroom over two (2).

(2)

Any room other than a living room, bathroom, dining room, laundry/utility room and kitchen shall be counted as a bedroom.

(3)

Livability open space—No less than thirty (30) percent of the total gross land area shall be used for people, planting, and visual appeal. This includes patios, decks, and balconies.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

Refuse handling and collection: The owner or agent of the RHD District shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every dwelling unit.

(2)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings containing residential units shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(5)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.06. - (MH) Manufactured Home Dwelling District.

(A)

General purpose and description. This is a manufactured home district to provide HUD-code manufactured homes in residential based zoning district in new development, and existing platted or partially platted development. It is the intent of the City to allow manufactured homes to be placed in manufactured home districts, once established, in place of by specific use permits or other variations of previous allowances. The principal use of land is for single-family manufactured home dwellings and single-family dwelling uses. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and relationship of each use permitted in the district.

(B)

Uses permitted.

(1)

Single-family manufactured home less than eight (8) years old at time of permit application.

(2)

Single-family dwellings.

(3)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed two (2) stories or thirty-five (35) feet in height.

Manufactured homes shall not be allowed to exceed original designed height.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

All buildings shall be set back from street right-of-way lines or lot lines to comply with following yard requirements:

(1)

Front yard.

(a)

The minimum depth of the front yard setback shall be twenty-five (25) feet.

(b)

(c)

When a yard has double frontage, the front yard setback requirements shall be complied with on both streets.

(d)

No accessory building or structure shall be allowed in the front yard.

(2)

Side yard.

(a)

For dwelling located on interior lots there shall be a side yard setback on each side of the main building of not less than six (6) feet for dwellings of one (1) story, and of not less than seven and one-half (7½) feet for dwellings more than one (1) story. (See exception [subsections] (C)(1) and (C)(2).

(b)

(c)

For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet from roof overhang to side lot line. For accessory buildings over one (1) story the side setback shall be increased one (1) foot additional horizontally for each two (2) feet vertical over ten feet in height.

(d)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line shall be twenty-five (25) feet.

(E)

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than six thousand (6,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions. All sites for manufactured homes approved through a Manufactured Home District must satisfy the following requirements:

(1)

All manufactured home dwelling units shall be HUD-code manufactured home units.

(2)

All foundations shall be engineered in accordance to current Building Code and approved by the building official.

(3)

Anchorage of manufactured homes: To insure against natural hazards such as tornadoes, high winds, and electrical storms, anchorage at each manufactured home shall be provided, at the time of installation, according to the current Building Code.

(4)

Skirting:

(a)

All manufactured home units shall provide weather resistant skirting, at the time of installation, from the top of the unit's frame to grade. Skirting shall totally enclose and secure from view the unit's axles and all required anchors, footings, and piers.

(b)

All required skirting shall be of a texture and color similar to the materials used in the construction of the manufactured home unit.

(5)

The main roof shall be pitched, rather than flat.

(6)

The manufactured home must be sited with its longest dimension parallel to the street.

(7)

The exterior finish shall be compatible with single-family dwellings located within five hundred (500) feet of the lot on which the manufactured home is proposed to be located.

(8)

The hitch and axles must be removed and not be visible on lot.

(9)

Refuse handling and collection: The owner or agent of the MH District shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every dwelling unit.

(10)

All buildings containing residential units shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(11)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes except for designated areas in a manufactured home park.

(12)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(13)

A perimeter barrier of approved material shall be installed around the manufactured home district.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.07. - (C-1) Neighborhood Shopping District.

(A)

General purpose and description. This commercial district is for the conduct of retail trade and personal service enterprises to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational uses, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.

(B)

Uses permitted. Property and building in a C-1, Neighborhood Shopping District shall be used only for the following purposes:

(1)

Any use permitted in an A-Multiple-Family District.

(2)

Retail stores and shops which do not exceed five thousand (5,000) square feet of gross floor area and which supply the regular and customary needs of the residents of the neighborhood and which are primarily for their convenience, as follows:

(a)

Antique shop.

(b)

Appliance shop.

(c)

Artists materials, supply studio.

(d)

Automobile parking lot.

(e)

Baby shop.

(f)

Bakery goods store.

(g)

Bank.

(h)

Barber shop.

(i)

Beauty shop.

(j)

Book or stationery store.

(k)

Camera shop.

(l)

Candy store.

(m)

Catering establishment.

(n)

Cleaning, pressing, laundry collection agency.

(o)

Curio or gift shop.

(p)

Drug store or fountain.

(q)

Dental clinic.

(r)

Dry goods store.

(s)

Dairy products or ice cream store.

(t)

Delicatessen.

(u)

Dress shop.

(v)

Florist shop, greenhouse, nursery.

(w)

Grocery store (not supermarket).

(x)

Jewelry or notion store.

(y)

Lodge hall.

(z)

Meat market.

(aa)

Messenger or telegraph service.

(bb)

Musical instrument sales.

(cc)

Newspaper or magazine sales.

(dd)

Office business.

(ee)

Optometrists sales and service.

(ff)

Photographer studio.

(gg)

Pharmacy.

(hh)

Radio and television sales and service.

(ii)

Restaurant, café.

(jj)

Self-service laundry or dry cleaning.

(kk)

Sewing machine sales, instruction.

(ll)

Sporting goods sales.

(mm)

Shoe repair shop.

(nn)

Tailor shop.

(oo)

Toy store.

(pp)

Variety store.

(qq)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(3)

Nameplate and sign relating to the use of the store and premises or to products sold on the premises, not to exceed forty (40) percent of the face of the building.

(4)

A building used for any of the previously listed uses may not have more than forty (40) percent of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses previously listed shall be displayed or stored outside of a building.

(C)

Use permitted by condition use permit.

(1)

Sale of alcoholic beverages for off-premises consumption.

(2)

Off-premise advertising signs (billboards).

(D)

Height regulations.

(1)

No building shall exceed two and one-half (2½) stories or thirty (30) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

The following requirements shall apply to all uses permitted in this district:

(1)

Front yard.

(a)

All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.

(2)

Side yard.

(a)

On the side of a lot adjoining a residential district there shall be a side yard of not less than twenty-five (25) feet.

(b)

There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(c)

Minimum-interior—There shall be a side yard setback of not less ten (10) feet.

(d)

Minimum-exterior—There shall be a side yard setback of not less twenty-five (25) feet.

(3)

Rear yard.

(a)

The rear of a lot adjoining a residential district there shall be a rear yard of not less than twenty-five (25) feet, same as the requirements for a side yard.

(b)

Minimum rear yard shall be twenty (20) feet.

(F)

The area regulations for dwellings shall be the same as the requirements of the RHD, Multiple-Family Residential District. The following requirements shall apply to all other uses permitted in this district:

(1)

Area. For each dwelling, building and building accessory thereto, there shall be lot area of not less than seven thousand (7,000) square feet.

(2)

Width. All lots shall be a minimum lot width of sixty (60) feet at the front property line, with a buildable width of sixty (60) feet at the front setback line. The average width of a lot shall be not less than sixty (60) feet.

(3)

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

A corner lot shall have a minimum depth of not less than one hundred (100) feet both direction of frontage.

(G)

Lot coverage.

(1)

For each main building and secondary building including impervious surfaces of the lot shall not exceed fifty (50) percent, unless designed retention drainage, as approved by city engineer or designee, is provided.

(H)

Off-street parking and loading regulations.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(I)

Special provisions.

(1)

Refuse handling and collection: The owner or agent of the C-1 District shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every unit.

(2)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.08. - (C-2) General Commercial District.

(A)

General purpose and description. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods. The maximum floor area for any building in this district shall be twenty thousand (20,000) square feet. No article or material stored or offered for sale in connection with uses permitted under paragraph 7(b) shall be stored or displayed outside of a building unless it is so screened by permanent ornamental walls, fences or planting that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven (7) feet in height shall be required.

(B)

Uses permitted. Property and buildings in a C-2, General Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-1, Neighborhood Shopping District.

(2)

Amusement enterprises.

(3)

Advertising signs or structures (on-premises only).

(4)

Ambulance service, office or garage.

(5)

Automobile retail gasoline service station.

(6)

Bakery.

(7)

Bath house.

(8)

Boat sales.

(9)

Billiard hall.

(10)

Cleaning plant, commercial laundry or dry cleaning.

(11)

Clothing or apparel store.

(12)

Commercial school or hall.

(13)

Department store, sporting goods store, toy store.

(14)

Feed and fuel store.

(15)

Furniture repair and upholstery.

(16)

Golf course, miniature or practice range.

(17)

Heating, ventilating or plumbing supplies, sales and service.

(18)

Ice storage locker plant, frozen food locker or storage house for food.

(19)

Interior decorating store.

(20)

Key shop.

(21)

Laboratories, testing, research, and experimental.

(22)

Laundry.

(23)

Leather goods shop.

(24)

Novelty club or shop.

(25)

Nursery or garden supply store.

(26)

Pawn shop.

(27)

Pet shop.

(28)

Printing plant.

(29)

Sign painting shop.

(30)

Stock and bond broker.

(31)

Storage warehouse.

(32)

Telephone exchange.

(33)

Theaters.

(34)

Travel store.

(35)

Travel trailer park.

(36)

Used automobile sales.

(37)

Wholesale distributing center.

(38)

Buildings, structures, and uses accessory and customarily incidental to any of the above uses, provided that there shall be no manufacture, processing, or compounding of products other than such as are customarily incidental and essential to retail establishments.

(39)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, or traffic than those listed above.

(40)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by condition use permit.

(1)

Sale of alcoholic beverages for off-premises consumption.

(2)

Off-premise advertising signs (billboards).

(3)

Hotel, motel.

(4)

Funeral homes and mortuaries, except crematoria cannot be adjacent to any Residential and Commercial districts.

(D)

Height regulations.

(1)

No building shall exceed two and one-half (2½) stories or thirty (30) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

The area regulations for dwellings shall be the same as the requirements of the A-Multiple-Family Residential District. The following requirements shall apply to all other uses permitted in the district:

(1)

Front yard.

(a)

Reserved.

(b)

Reserved.

(c)

All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.

(2)

Side yard.

(a)

On the side of a lot adjoining a residential district there shall be a side yard of not less than ten (10) feet. There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(3)

Rear yard.

(a)

The rear of a lot adjoining a residential district there shall be a rear yard of not less than twenty-five (25) feet, same as the requirements for a side yard.

(F)

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than one thousand five hundred (1,500) square feet.

(2)

(3)

(G)

Lot coverage.

(1)

(H)

Off-street parking and loading regulations.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(I)

Special provisions.

(1)

Refuse handling and collection: The owner or agent of the C-2 District shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every unit.

(2)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(3)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(5)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.09. - (C-3) Highway Commercial District.

(A)

General purpose and description. This commercial district is intended for the conduct of personal business services and the general retail businesses of the community having space and land requirements not commonly available or compatible in central business districts.

(B)

Uses permitted. Property and buildings in a C-3, Highway Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-2, General Commercial District.

(2)

Boat sales and service.

(3)

Farm implement and machinery, new and used, sales.

(4)

Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales.

(5)

Mobile home and travel trailer sales.

(6)

Monument sales.

(7)

New and used automobile sales and service.

(8)

Prefabricated house sales.

(9)

Trailers for hauling, rental and sales.

(10)

Drive-in theater.

(11)

Restaurant.

(12)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by condition use permit.

(1)

Sale of alcoholic beverages for off-premises consumption.

(2)

Off-premise advertising signs (billboards).

(3)

Hotel, motel.

(D)

Height regulations.

(1)

No building shall exceed three and one-half (3½) stories or forty (40) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

All buildings shall be setback from the street right-of-way line to provide a front yard having not less than fifty (50) feet in depth.

(2)

Side yard.

(a)

On the side of a lot there shall be a side yard of not less than ten (10) feet. There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(3)

Rear yard.

(a)

On the rear yard of a lot there shall be a rear yard of not less than twenty-five (25) feet. There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(F)

Lot regulations. The area regulations for dwellings shall be the same as the requirements of the A, Multiple-Family Residential District. The following requirements shall apply to all other uses permitted in this district:

(1)

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

(2)

Minimum lot width: Thirty (30) feet.

(3)

Minimum lot depth: One hundred (100) feet.

(G)

Lot coverage.

(1)

(H)

Off-street parking and loading regulations.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(3)

All parking areas and drives shall be designed so that adequate space is provided on the premises for the turning around of motor vehicles, preventing the need for vehicles to back onto the street or highway.

(I)

Special provisions.

(1)

Refuse handling and collection: The owner or agent of the C-3 District shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every unit.

(2)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(3)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.10. - (D) Downtown District.

(A)

General purpose and description. The City of Luling recognizes the distinctive elements of the historic, architectural, and cultural heritage of Luling. Therefore, the downtown district holds a unique heritage that fosters civic pride in the accomplishments of Luling's past. This downtown district is intended for the conduct of personal business services, general retail businesses and maintaining downtown development of the community by encouraging the most appropriate use of such property.

(B)

Uses permitted. Property and buildings in the downtown district shall be used only for the following purposes:

(1)

Bed and breakfast facility.

(2)

Boarding house.

(3)

Single-family dwelling, attached.

(4)

Child care center.

(5)

Theater.

(6)

Art gallery.

(7)

Fraternal organization, lodge.

(8)

Bank, financial institution.

(9)

Auto parts and accessories (indoor).

(10)

Accounting.

(11)

Engineering, architect.

(12)

Dental clinic.

(13)

Office, general.

(14)

Optician or optometrist.

(15)

Real estate office.

(16)

Drug store.

(17)

Beauty/barber shop, salon.

(18)

Antique shop.

(19)

Appliance store.

(20)

Book store.

(21)

Dry cleaner/laundry (pick-up only).

(22)

Computer sales/service.

(23)

Copy shop.

(24)

Department store.

(25)

Floral shop.

(26)

Restaurant, food and beverage sales store (not drive-thru).

(27)

Furniture store.

(28)

Hobby shop.

(29)

Retail shop.

(30)

Silk screening studio.

(31)

Newspaper printing.

(32)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by condition use permit.

(1)

Alcoholic beverage establishments.

(2)

Restaurant with alcoholic beverage sales.

(D)

Height regulations.

(1)

No building shall exceed three and one-half (3½) stories or thirty-five (35) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

[(1)

Reserved.]

(2)

The area regulations for residential dwellings shall be the same as the requirements of the RMD district.

(3)

There are no specific front, side, or rear yard requirements for uses in this district.

(a)

All buildings should set back a distance of not less than twenty-five (25) feet from the lot line that adjoins a residential district.

(4)

The area regulations for nonresidential is the limits of the legal lot lines.

(5)

Where a building is to be serviced from the rear there should be provided an alley, service court, rear yard or combination thereof of not less than thirty (30) feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is greater.

(F)

Lot regulations.

(1)

Minimum lot area: Twenty-six hundred (2,600) square feet

(2)

Minimum lot width: Twenty (20) feet.

(3)

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

(G)

Lot coverage. For each main building and secondary building including impervious surfaces of the lot should not exceed ninety-five (95) percent.

(H)

Parking regulations.

(a)

There are no specific off-street parking requirements for this district.

(b)

If off-street parking is voluntarily provided it shall meet the off-street parking requirements set forth in Section 5.0.

(I)

Special provisions:.

(1)

Refuse handling and collection: The owner or agent of this District shall provide an adequate site of collecting and safe disposal of rubbish, as approved by the City prior to occupancy or use. Storage, collection and handling of refuse shall not be conducted to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. There shall be an assigned refuse facility available for every unit.

(2)

All buildings shall provide signage, visible from the entrances, identifying the address numbers of the building.

(3)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.11. - (I) General Industrial District.

(A)

General purpose and description. This industrial district is intended primarily for the conduct of manufacturing, assembling and fabrication. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air or street transportation facilities. These uses permitted under this subsection shall be conducted in such a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.

(B)

Uses permitted. Property and buildings in an I, General Industrial District shall be used only for the following purposes:

(1)

Any use, except a residential use, permitted in a C-2, General Commercial District. No residential dwelling on the premises shall be permitted.

(2)

Bakery.

(3)

Bottling works.

(4)

Book bindery.

(5)

Candy manufacturing.

(6)

Engraving plant.

(7)

Electronic equipment assembly and manufacturing.

(8)

Food products processing and packing.

(9)

Furniture manufacturing.

(10)

Instrument and meter manufacturing.

(11)

Jewelry and watch manufacturing.

(12)

Laundry and cleaning establishment.

(13)

Leather goods fabrication.

(14)

Optical goods manufacturing.

(15)

Paper products manufacturing wholesale or warehousing enterprise.

(16)

Building material sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business.

(17)

Contractor's equipment storage yard or plant, or rental equipment commonly used by contractors.

(18)

Freighting or trucking yard or terminal.

(19)

Oil field equipment storage yard.

(20)

The following uses when conducted within a completely enclosed building:

(a)

The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products;

(b)

The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bond, cellophane, canvas, cloth, cork feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yarn, and paint not employing a boiling process;

(c)

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas;

(d)

The manufacture and maintenance of electric and neon signs, commercial advertising structure, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like;

(e)

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps;

(f)

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing;

(g)

Machine shop;

(h)

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors;

(i)

Assembly of electrical appliances, electronic instruments and devices, including the manufacturing of small parts only, such as coils, condensers, transformers, crystal holders, and the like;

(j)

Buildings, structures, and uses accessory and customarily incidental to any of the above uses.

(21)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed thirty-five (35) feet in height.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

Adjacent to the building loading area, there shall be off-street loading provided of adequate area and width to provide for maneuver of service vehicles, on the same lot as the building or use space location.

(1)

Front yard.

(a)

There is no specific front yard requirements for uses in this district.

(b)

All buildings shall set back a distance of not less than twenty-five (25) feet from the front lot line that adjoins a residential district.

(2)

Side yard.

(a)

There is no specific side yard requirements for uses in this district.

(b)

All buildings shall set back a distance of not less than twenty-five (25) feet from the side lot line that adjoins a residential district.

(3)

Rear yard. Where a building is to be serviced from the rear there shall be provided an alley, service court, rear yard or combination thereof of not less than thirty (30) feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is greater. In all other cases no rear yard is required; provided, however, all buildings shall set back a distance of not less than twenty-five (25) feet from the rear lot line that adjoins a residential district.

(E)

Lot regulations.

(1)

Minimum lot area: One (1) acre.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(F)

Lot coverage.

(1)

(G)

Parking regulation.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(3)

(H)

Special provisions.

(1)

(2)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.12. - (H) Historic Overlay District.

The City Council may, from time to time, designate certain areas in the City of Luling as historic districts or certain places as historic landmarks. Those provisions pertaining to the designation of historic districts or historic landmarks constitute a part of the Comprehensive Zoning Ordinances of the City of Luling. Such designation shall be in addition to any other zoning district designation established in City of Luling, Code of Ordinances, Appendix B. All zoning maps shall reflect the historic district and landmark designation by the letter "H" as a suffix to the use designation. Future designation of additional areas or places as historic districts and/or landmarks shall be governed by the further provisions of this ordinance.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.13. - (P&I) Public and Institutional District.

(A)

General purpose and description. This district encompasses those lands under the control of public entities that may be totally operated by a public entity or by a private business providing vital community public services. This also includes private businesses that provide a vital public service to the community that may or may not be on publicly owned land.

(B)

Uses permitted. The City of Luling shall provide a public hearing on proposed changes pertaining to private or city owned property that would affect its peculiar suitability for specific uses dissimilar to current zoning of the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from the area. The regulation or boundary is not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper or general circulation in the municipality. Additional notice requirements may be prescribed by the City of Luling in addition to the publication notice requirement.

Property and buildings in a P&I, Public and Institutional District shall be used only for the following purposes:

(1)

Any municipal, county, state or federal facility.

(2)

Any public utility or other quasi-governmental facility.

(3)

Public parks, playgrounds and neighborhood recreational center.

(4)

Library.

(5)

Public utility service yard or electrical receiving yard; provided, however, that all yard operations shall be so screened by ornamental walls, fences, or evergreen planting that it cannot be seen by a person standing at ground level at any place immediately adjacent to the lot on which the use is located; provided, however, that screening shall not be required in excess of seven (7) feet in height.

(6)

Telephone exchange.

(7)

Water tower.

(8)

Water supply reservoirs and/or pumping plants.

(9)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

Height, yard, lot, and parking regulations will be determined by the Planning and Zoning Commission and recommended to the City Council on a case by case basis taking into consideration the location of the proposed public and institutional land use and the surrounding land uses.

(C)

Height regulations.

(1)

Reserved.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Reserved.

(E)

Lot regulations.

(1)

Reserved.

(F)

Parking regulations.

(1)

Reserved.

(G)

Special provisions.

(1)

Reserved.

(H)

Conditional use permit.

(1)

Churches, parish houses, and other religious facilities but, not including revival tents or arbors.

(2)

Medical service facilities.

(3)

Charitable institutions not containing transient facilities.

(4)

Public school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

(5)

College.

(6)

Hospitals, medical facility, nursing homes, clinics, sanitariums, convalescents, public health facility or other institutions for treatment and care of the physically infirm or impaired except, a criminal, mental or animal hospital.

(7)

Public transportation facilities and associated commercial activities.

(8)

Electronic transmission and/or reception facilities, except broadcast studios.

(9)

Cemeteries.

(10)

Community meeting and/or recreation facilities.

(11)

Group homes.

(12)

Public or private school or other educational institution.

(13)

Detention facilities and/or treatment facilities for addiction.

(14)

Wireless communication facility.

(15)

Country club.

(16)

Campgrounds, outdoor recreation areas, and commercial amusements primarily requiring open areas.

(17)

Recreational vehicle park.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.14.01. - Sign type standards.

(A)

Attached signs. The following signs are attached to, applied on, or supported by, any part of a building. The maximum amount of attached sign area per building or building occupancy (portion of building facade allocated to a lease space in a multi-tenant building) is listed in Section 3.14.03 for each zoning district.

(1)

WS, wall sign. Wall signs shall not extend above the highest point of the building roof, canopy or other structure on which the sign is displayed. The highest point of the roof, canopy or structure shall not include, spires, belfries, cupolas, antennae, water tanks, ventilators, chimneys, mechanical systems or other similar appurtenances. A sign projecting from a building face shall be considered a wall sign for the purposes of this chapter.

(2)

MS, marquee sign. A sign affixed or integral to a projecting marquee, awning, canopy or other overhead cover that is ancillary to a building shall have a minimum clearance of seven (7) feet where overhanging pedestrian circulation areas and a minimum clearance of nine (9) feet where overhanging vehicular circulation areas. Canopies detached from the principal structure as are common at gasoline service stations and at drive-in restaurants shall be considered as marquees for the purposes of this chapter.

(B)

Freestanding signs. The following signs are affixed to the ground, or mounted or applied on a fence, retaining wall, or screening wall that is not part of a building. The maximum number of freestanding sign structures allowed on each property is one (1) per street frontage. The maximum area per sign is listed in Section 3.14.03 for each zoning district.

(1)

LP, low-profile sign. A low-profile sign shall not exceed a height of six (6) feet above the ground at the base of or below the sign. A setback of five (5) feet is required with the exception for corner "sight triangle" areas or easements, where the sign structure is not allowed.

(2)

MP, medium-profile sign. A medium-profile sign is greater than six (6) feet in height, but shall not be more than twenty (20) feet in height, as defined in Section 3.14.02. Medium-profile signs must be set back a minimum of five (5) feet from any property line adjacent to a street, and shall have a minimum clearance of at least seven (7) feet where overhanging pedestrian circulation areas and a minimum clearance of nine (9) feet where overhanging vehicular circulation areas.

(3)

HP, high-profile sign. A high-profile sign exceeds the height allowed for a medium-profile sign, but shall not exceed thirty (30) feet in height, as defined in Section 3.14.02. High-profile signs must be set back a minimum of ten (10) feet from any property line adjacent to a street, and shall have a minimum clearance of at least seven (7) feet where overhanging pedestrian circulation areas and a minimum clearance of nine (9) feet where overhanging vehicular circulation areas.

(4)

IHPP1, primary interstate highway high-profile sign 1. A primary interstate highway high-profile sign is a freestanding sign located in a C-3 Highway Commercial Zone district along an interstate highway that exceeds the height allowed for a standard high-profile sign, but shall not exceed one hundred twenty-five (125) feet in height, as provided in Section 3.14.02. An IHHP1 must be set back a minimum of twenty-five (25) feet from any property line adjacent to a highway, street and/or any roadway used for interstate purposes, and shall have a minimum clearance of twenty (20) feet when overhanging pedestrian circulation areas and a minimum clearance of twenty-five (25) feet when overhanging vehicular circulation areas.

(5)

IHMP2, secondary interstate highway high-profile sign 2. A primary interstate highway high-profile sign is a freestanding sign located in a C-3 Highway Commercial Zone district along other street frontage, on the same premises as a HHP1, if available, with a maximum height of forty-five (45) feet, as provided in Section 3.14.02. IHMP2 must be set back a minimum of ten (10) feet from any property line adjacent to a street, and shall have a minimum clearance of seven (7) feet when overhanging pedestrian circulation areas and a minimum clearance of nine (9) feet when overhanging vehicular circulation areas.

(C)

Institutional signs. Noncommercial attached or low-profile freestanding signs not exceeding a cumulative total of sixty-four (64) square feet in area per street frontage may be displayed on the premises of governmental, educational, religious or other permitted institutional uses where signs of such size would not otherwise be allowed in the RLD, RMD, RHD and MH districts.

(D)

Community entrance signs. One (1) or more signs may be erected at entrances to the city on Interstate Highway 10, U.S. Highway 183, U.S. Highway 90, State Highway 80, Farm Road 86, Farm Road 1322, Farm Road 2984 and any other designated area upon approval by the city council, identifying public facilities and services, or nonprofit organizations such as churches and civic clubs, that are available or located within the city limits. The council may limit the size of individual signs, and may require them to be consolidated on a single structure per highway entrance location. Locations under the jurisdiction of the state department of transportation shall comply with any applicable state permit requirements. Community entrance signs shall be allowed in addition to those listed in Section 3.14.03 for any specific location.

(E)

Development entrance signs. A maximum of two (2) attached or low-profile freestanding signs not exceeding a total of sixty-four (64) square feet aggregate sign area, and limited to the name, address and leasing or sales information, may be displayed along the perimeter street frontage at each street entrance to a residential subdivision or permitted manufactured home park where signs of such size would not otherwise be allowed in the R-1, RLD, RMD, RHD and MH districts, as applicable. Such signs located in the public street right-of-way shall require a license agreement approved by the city.

(F)

Residential identification signs. One (1) attached or low-profile freestanding sign not exceeding sixteen (16) square feet single side (CUP for maximum sixty-four (64) square feet double sided) in the RMD district and not exceeding forty-eight (48) square feet single side (CUP for maximum two hundred (200) square feet double sided) in the RHD district, per driveway/street entrance or per street frontage, whichever is greater, and limited to the name, address and leasing or sales information for the development, may be displayed on the premises of a residential multifamily, condominium or townhouse development.

(G)

Banner signs. A banner sign is a temporary on-premises sign made of nonrigid material with no enclosing framework that is designed to be suspended or supported by rope, wire or other fastening device attached to any permanent structure. One (1) or more banner signs not exceeding a total of thirty-two (32) square feet are allowed per street frontage of each business or agency occupant. One (1) separate permanent pole structure per lot or parcel shall be allowed specifically for the purpose of displaying banners. The poles or posts shall not be greater than ten (10) feet apart, not more than six (6) feet in height, and shall be structurally equal to or better than four (4) inches by four (4) inches treated lumber centered in holes one (1) foot in diameter, two (2) feet deep, and filled with two thousand five hundred (2,500) psi concrete. A maximum of three (3) sail banner metal structures no more than 14 feet in height installed with a maximum sail width of three (3) feet, shall be allowed per lot or parcel, subject to a minimum setback of five (5) feet from any street right-of-way line. Permanent banner pole structures and sail banner structures shall not obstruct the view of motorists at driveways or be placed in a street corner sight triangle as defined in Appendix B, Zoning, Section 2. A permit is required for permanent banner pole structures, sail banner structures, and freestanding signs provided in Section 3.14.03. Banners are allowed on private property as follows:

(1)

For advertising special promotions, grand openings or other events of a specific duration in the A-OS, C-1, C-2, C-3, D and I. Banner signs in the extraterritorial jurisdiction shall be regulated as if located in the A-OS zoning district.

(2)

For advertising grand openings business anniversaries, and specific promotions approved by the city, in the A-OS, C-1, C-2, C-3, D and I districts for a period not exceeding thirty (30) calendar days and subject to issuance of a sign permit.

(Ord. No. 2013-O-04, 3-14-2013; Ord. No. 2017-O-01, § II, 1-12-2017)

Section 3.14.02. - Sign measurements.

(A)

The face of a sign is any portion or facet capable of displaying a message whether by letters, numbers, or symbols.

(B)

The area of a sign face shall be the largest area visible from any one (1) point, and enclosed by a single continuous perimeter including any framing, trim, or decorative embellishments, but not including any structural parts lying outside the limits of such sign that do not form an integral part of the display and which have a cross-sectional width no greater than eighteen (18) inches. If the copy of a sign is enclosed by a box, outline or frame, the total area of the enclosure is the sign area. If the sign consists of individual letters, numbers or symbols having no enclosure and located on the surface of a building wall, roof or awning, or on a screening wall or fence, the area shall be measured as the sum of the areas of the smallest geometric figures which can encompass the sign copy. The area shall be measured on only one (1) side of double-faced or triple-faced signs provided that the faces are oriented with an interior angle not exceeding sixty (60) degrees, and provided that the faces are the same size and share a common structural support. Four-sided signs shall be considered the same as two (2) double-faced signs. The area of cylindrical or spherical shaped signs shall be the measured per surface area visible.

(C)

The height of a freestanding sign, as described in Section 3.14.01, shall be the distance from the ground at the base of or below the sign to the highest part of the sign face, as defined above, or to the top of the supporting structure, whichever is greater. Freestanding signs located on earth berms shall be measured from the ground level at the base of the earth berm. The top of an attached sign, as described in Section 3.14.01, shall be considered the highest part of the sign face, as defined above. The clearance of a sign is measured as the unobstructed distance from the ground at the base of or below the sign to the lowest part of the sign face, or to the bottom of the supporting structure, whichever is less.

(D)

The setback of a freestanding sign, as described in Section 3.14.01, shall be the distance between imaginary vertical planes aligned with the street right-of-way line and the closest portion of the sign.

(E)

The building façade area upon which the maximum allowable area of attached signs is based in Section 3.14.03 is the actual square feet of the building wall or other vertical architectural element to which the sign is attached, and that consists of a separate elevation from ground level to the top of the structure as viewed horizontally from the ground, street or other nearby location. The area of a facade includes windows and doors, etc., but does not include roof surfaces. Separate walls of a building oriented in the same direction or within forty-five (45) degrees of each other shall be considered part of the same facade.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.14.03. - Sign zoning standards.

Signs shall comply with the limits provided in the table below according to the zoning district where each sign is located and all requirements of City of Luling, Code of Ordinance Section 6.0.

Table 2
ZONING DISTRICT(S)	SIGN TYPE		ATTACHED SIGNS	FREESTANDING SIGNS
Listed	Allowed (by right by building permit)	Permitted (requires conditional use permit)	Maximum aggregate sign area of all signs per building or building occupancy as a percent of the building façade area (sq. ft.)	Maximum sign area per tract. * One sign structure is allowed per street frontage.
A-OS	WS, MS, LP, MP	Reserve	15 percent	250 sq. ft.
R-1	WS, MS, LP	Reserve	2 sq. ft. only	2 sq. ft.
RLD	WS, MS, LP	Over minimum size allowed	2 sq. ft	2 sq. ft.
RMD	WS, MS, LP	Over minimum size allowed	16 sq. ft	2 sq. ft.
RHD	WS, MS, LP, MP	Over minimum size allowed	16 sq. ft	2 sq. ft.
MH	WS, LP	Over minimum size allowed	16 sq. ft	16 sq. ft
C-1	WS, LP, MP	Reserve	15 percent	100 sq. ft. single side or 200 sq. ft. double sided
C-2	WS, LP, MP	Reserve	15 percent	125 sq. ft. single side or 250 sq. ft. double sided
C-3	WS, MS, LP, MP, HP	Reserve	15 percent	175 sq. ft. single side or 350 sq. ft. double sided
C-3	IHHP1	Reserve	15 percent	2,500 sq. ft. single side or 5,000 sq. ft. double sided
C-3	IHMP2	Reserved	15 percent	250 sq. ft single side or 500 sq. ft. double sided
D	WS, MS, LP	Reserve	20 percent	As allowed by setback. 32 sq. ft. single side or 64 sq. ft. double sided
I	WS, MS, LP, MP, HP	Reserve	15 percent	125 sq. ft. single side or 250 sq. ft. double sided
H	Reserve	Reserve	Reserve	Reserve
P&I	WS, MS, LP, MP	Reserve	10 percent	32 sq. ft. single side or 64 sq. ft. double sided
PD	As per specific zoning district as assigned		As per specific zoning as assigned	As per specific zoning as assigned

* Unless identified in breakdown.

(Ord. No. 2013-O-04, 3-14-2013; Ord. No. 2017-O-01, § III, 1-12-2017)

Section 4.0. - (PD) Planned Development District.

(A)

General description.

(1)

The planned development district will encourage innovation in design and combinations of land use units and uses described in this ordinance. This flexibility development is a district which accommodates planned associations of efficient uses developed as integral land use units such as industrial districts, offices, retail, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings, parks, educational purposes, or any appropriate combination of uses which may be planned, developed, or operated as integral land use units either by a single owner or a combination of owners. While greater flexibility is given to allow special conditions or restrictions which would not otherwise permit the development to occur, procedures are established herein to ensure against misuse of regulations.

(B)

Planned development prerequisite standards.

(1)

Development requirements for each separate PD District shall be set forth in a amending ordinance granting the PD District and shall include, but may not be limited to: Uses, density, lot area, lot width, lot depth, yard depths and widths, building spacing, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, drainage, main buildings, streets and alleys, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate.

(2)

In the PD District, uses shall generally conform to the standards and regulations of the base zoning district to which it is most similar. The base zoning district shall be stated in the granting ordinance. Consideration will be given certain combinations of zoning districts. All applications to the City shall list all requested deviations from the standard requirements set forth throughout this ordinance (applications without this list will be considered incomplete). The Planned Development District shall conform to all other sections of the ordinance unless specifically excluded in the granting ordinance.

(3)

The ordinance granting a PD District shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of modifications in each district or districts and general statement citing the reason for the PD request.

(4)

In return for this greater flexibility in the use of land within a PD District, the PD proposal must also include provisions for public space in the form of parks, trails, or other public amenities.

(5)

The city council, after public hearing and proper notice to all affected property owners and after recommendation by the planning and zoning commission, may authorize the creation of a planned development district on sites of minimum three (3) acres or more to accommodate various types of development and conditions of development for any use or combination of uses permitted by this section. The uses to be permitted in any specific planned development district shall be enumerated in the ordinance establishing such district and shown on the approved plan for development which becomes part of said ordinance.

(C)

Minimum design standards and plans. In establishing a Planned Development District in accordance with this section, the City Council shall approve and file as part of the amending ordinance appropriate plans and standards for each Planned Development District. To facilitate understanding of the request during the review and public hearing process, the Planning and Zoning Commission and City Council shall require a conceptual plan of the proposed project. A detailed site plan may be submitted in lieu of the conceptual plan.

(1)

Conceptual or concept plan. This plan shall be submitted by the applicant at the time of the PD request. The plan shall show the applicant's intent for the use of the land within the proposed Planned Development District in a graphic manner and as may be required, supported by written documentation of proposals and standards for development. The City may prepare application form(s) which further describe and explain the following requirements:

(a)

Residential concept plan. A Conceptual Plan for residential land use shall show general use, thoroughfares and preliminary lot arrangements. For residential development (such as multifamily) which does not propose individual platted lots, the conceptual plan shall set forth the size, type and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, project scheduling, and other pertinent development data.

(b)

Nonresidential concept plan. A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the Planning and Zoning Commission or City Council, may include but is not limited to the types of use(s), topography and boundary of PD area, physical features of the site, existing streets, alleys and easements, location of future public facilities, building height and location, parking ratios, project scheduling and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final Detailed Site Plan.

(2)

Detailed site plan. This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the conceptual plan. Changes of detail on the detailed site plan, which differ from the original concept plan, but do not alter the basic relationship of the proposed development to adjacent property, the uses permitted, or increase the density, building height or coverage of the site, the off-street parking ratio or reduce the yards provided at the boundary of the site, or does not significantly alter the landscape plans as indicated on the approved Conceptual Plan may be authorized by the Director of Planning. If an agreement cannot be reached regarding whether a detailed site plan conforms to the original concept plan, the Planning and Zoning Commission shall review the request and render judgment as to the conformity. Approval of the detailed site plan shall be the basis for issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the Building Official for a building permit. The detailed site plan may be submitted for the total area of the PD or for any sections or part as approved on the conceptual plan.

The detailed site plan shall include:

(a)

A site inventory analysis including a scale drawing showing major existing vegetation, natural water courses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This shall include a delineation of any flood prone areas.

(b)

A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five (5) feet.

(c)

A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between building and property lines, street lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking.

(d)

A landscape plan showing turf areas, screening walls, ornamental planting, wooded areas and trees to be planted.

(e)

Architectural drawings (elevations, etc.) showing elevations and signage style to be used throughout the development in all districts except single-family and two-family may be required by the Planning and Zoning Commission or City Council if deemed appropriate.

(f)

All detailed site plans may have supplemental data describing standards, regulations or other data pertinent to the development of the Planned Development District as appropriate to adequately explain or understand the request and which is to be included in the text of the amending ordinance.

(D)

Approval process and procedures—Public hearing. Planned Development District process shall follow the procedure for zoning amendments as set forth in Sections 10.0 to 10.015. This procedure is further expanded as follows for approval of conceptual and detailed site plans.

(1)

The Planning and Zoning Commission and the City Council may approve the conceptual plan or detailed site plan or any section of the plan, separately or jointly, in public hearings. One (1) public hearing at the Planning and Zoning Commission and one (1) at the City Council for the PD request is adequate when:

(a)

The applicant submits adequate data with the request for the Planned Development District to fulfill the requirement for a detailed site plan; or

(b)

Information on the concept plan and attached application is sufficient to determine the appropriate use of the land and the development plan will not deviate substantially from it.

(2)

If the above two (2) conditions are not met, then another public hearing must be held by the Planning and Zoning Commission and City Council prior to approval of the detailed site plan.

(3)

The ordinance establishing the Planned Development District shall not be approved until the conceptual and/or detailed site plan is approved.

(a)

The detailed site plan may be approved in sections. When a detailed site plan is approved in sections, then separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required.

(b)

A detailed site plan shall be submitted for approval within one (1) year from the approval of the conceptual plan for some portion of the concept plan. If a partial site plan is not submitted within one (1) year, the concept plan is subject to review by the Planning and Zoning Commission and City Council. If some portion of the entire project is not started within two (2) years, the Planning and Zoning Commission and City Council may review the original concept plan to ensure its continued validity. If the City determines the concept is not valid, a new concept plan must be approved prior to issuing a building permit for any portion of the PD District.

(4)

Although a public hearing may not be required for the detailed site plan, approval by the Planning and Zoning Commission and City Council is still required.

(5)

When a PD District is being considered, a written report shall be prepared by the Planning Coordinator which discusses the merits of the development. In addition, written comments from applicable public agencies (such as the school district and utility companies) may be submitted to the Planning and Zoning Commission prior to the Commission making any recommendations to the City Council. In the event written comments are not forthcoming within thirty (30) days of the original submittal, the Commission may, at its discretion, make a recommendation to the City Council.

(6)

All Planned Development Districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained as part of this ordinance.

(E)

Uses permitted.

(1)

Bed and breakfast inn or facility.

(2)

Boarding house.

(3)

Community home (per state statute).

(4)

Congregated housing, units, apartments for elderly/senior citizens.

(5)

Assisted living facility.

(6)

Manufactured home/mobile home district.

(7)

Manufactured home park.

(8)

Multifamily dwelling (apartments).

(9)

Multifamily dwelling (quadraplex, duplex).

(10)

Multifamily dwelling (garden home, town home).

(11)

Single-family dwelling (attached and detached).

(12)

Accessory building (as approved).

(13)

Caretaker's or guard's residence.

(14)

Garage/accessory building.

(15)

Off-street parking (incidental to main use).

(16)

Swimming pool (public/private).

(17)

Temporary field office or construction yard (subject to permit issued by Building Official).

(18)

Municipal building or facilities.

(19)

Public health/protection facilities.

(20)

Public buildings with shops or yards (local, state or federal agency).

(21)

Utility services (electric sub-substation, sewer lift station, water tower, telephone exchange).

(22)

Amusement, commercial (indoor, outdoor).

(23)

Arcade.

(24)

Park or playground.

(25)

Child care center.

(26)

Theater.

(27)

Recreation vehicle park and storage.

(28)

Museum.

(29)

Church.

(30)

Education facility (college, university, grades 1—12 school, trade, business) public/private.

(31)

Hospital, skilled nursing, medical or dental clinic.

(32)

Community center (public).

(33)

Kindergarten or nursery school (private).

(34)

Bus station or other similar terminals.

(35)

Airport or landing field.

(36)

Vehicle sales (new or used), service, parts/accessory, repair, wash.

(37)

Offices (general business and professional), banks, real estate, optician.

(38)

Barber shop, hair salon, book shop, copy shop, computer store, laundry/cleaners, drug store, laundromat, photography studio, health studio.

(39)

Food or beverage store, restaurant (drive thru and non-drive thru), café, bakery.

(40)

Funeral home or mortuary.

(41)

Discount or department store, building material or hardware store, plant nursery, appliance store.

(42)

Mini-warehouse, storage (by CUP).

(43)

Alcoholic beverage establishment (by CUP).

(44)

Clothing or similar light manufacturing.

(45)

Motel/hotel.

(46)

Installation, maintenance, and repair service, (plumbing, electric, mechanical) appliances.

(47)

Any similar uses as determined by the Planning and Zoning Commission (pre approval required).

(F)

Development schedule and plans.

(1)

An application for a planned development district shall specify the base district and the use or the combination of uses proposed. The applicant shall submit a development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The proposed development schedule, if adopted and approved by the city council, shall become part of the development plan and shall be adhered to by the owner, developer, and his successors in interest.

(G)

Annual development report.

(1)

Annually, where a development schedule has been required, the building inspector shall report to the city planning and zoning commission the actual development accomplished in the various planned development districts as compared with the development schedule.

(H)

Failure to meet development schedule.

(1)

If the owner or owners of property are failing or have failed to meet the approved schedule, the city planning and zoning commission shall initiate proceedings to amend the zoning district map or the planned development district by removing all or part of the planned development district from the zoning district map and placing the area involved in another appropriate zoning district. Upon the recommendation of the city planning and zoning commission and for good cause shown by the owner and developer, the city council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case.

(I)

Development plan required.

(1)

An application for a planned development district shall include and be accompanied by a development plan which shall become a part of the amending ordinance and shall be referenced on the zoning district map. Changes in the development plan shall be considered the same as changes on the zoning district map and shall be processed as required, except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor-area ratio, height or coverage of the site, or which do not decrease the off-street parking ratio, or reduce the yards provided at the boundary of the site as indicated on the approved development plan may be authorized by the city planning and zoning commission. Any applicant may appeal the decision of the city planning and zoning commission to the city council for review and decision as to whether an amendment to the planned development district shall be required. All uses shown on the development plan shall be mutually exclusive.

(J)

Requirements of development plan.

(1)

The development plan shall include:

(a)

A scale drawing showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or reserve as parks, park-ways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing-public streets on an accurate survey of the boundary of tract and topography with a contour interval of not less than five (5) feet, or spot grades where the relief is limited.

(b)

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

(c)

Where building complexes are proposed, a site plan showing the location of each building and the minimum distance between buildings, and between buildings and the property line, street line and/or alley line shall be submitted. For buildings more than one (1) story in height, except single-family and two-family residences, elevations and/or perspective drawings may be required in order that the relationship of the building to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors, and exposures for access, light, and air.

(d)

A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such plan may be presented as a ratio of off-street loading area to building area when accompanied by typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown.

(e)

A designation of the maximum building coverage of the site shall be indicated upon the site plan.

(f)

Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall, when required, include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawns and gardens if such are determined to be necessary by city council.

(g)

All aspects as prescribed in Sections 4.0(A) and (B).

(h)

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 city manager and interpretation of the building inspector, building official, Planning Coordinator or other authorized official.

(K)

Development conditions.

(1)

Every planned development district approved under the provisions of this section shall be considered as an amendment to the zoning ordinance as applicable to the property involved. In carrying out the development of a planned development district, the development conditions and the development schedule, if required, shall be complied with and such conditions as-are specified for the development of a planned development district shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance as required in this section.

(2)

In planned development districts, with residential uses, one-family attached dwelling defined as a dwelling unit on a separately platted lot which is joined to another dwelling unit on one (1) or more sides by a party wall or abutting separate wall, served by separate utilities and not occupied by more than one (1) family shall be permitted. The requirements prescribed in the community development may be adopted to residential developments planned as planned developments with variable housing wherein the types of dwelling structure may vary from those permitted in the district in which the development is proposed, as attached single-family or apartments in a single-family area.

(3)

One-family attached dwellings need not provide a side yard except that a minimum required side yard adjacent to a side street of ten (10) feet shall be provided. A minimum required side yard of five (5) feet shall be provided at the end of each one-family attached dwelling complex so that the ends of any two (2) adjacent building complexes shall be at least ten (10) feet apart. The required side yards for complexes of one-family attached dwellings may be designated upon a plat approved by the planning and zoning commission. A complex of attached one-family dwellings shall have a minimum length of three (3) dwelling units and shall not exceed three hundred (300) feet in length or width of a cluster module.

(4)

A single-family attached dwelling shall be located on a platted lot with a minimum width of twenty-five (25) feet, a minimum depth of seventy-five (75) feet and contain a minimum area of three thousand (3,000) square feet. Two (2) off-street parking spaces or a two (2) car garage or carport shall be provided for each living unit. A front setback of twenty (20) feet shall be provided on the side of the structure facing a street, drive or common open area.

(5)

Planned development districts with residential uses may also be approved for special apartment designs such as a fourplex, a structure with four (4) living units, or a sixplex, a structure with six (6) living units, all of which must comply with the minimum requirements of the A, Multiple-Family District.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.0. - Off-street parking and loading requirements.

(A)

General purpose and description. To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.01. - Residential districts; special off-street parking provisions.

(A)

Required off-street parking shall be provided on the same site as the use it is to serve.

(B)

(C)

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.02. - Nonresidential and multi-family districts excluding A-OS; special off-street parking provisions.

(A)

For safety and fire-fighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with Section 5.0.

(B)

Required off-street parking shall be provided on the same site as the use it is to serve.

(C)

(D)

Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

(E)

Each standard off-street surface parking space size shall be in accordance with the following design standards for space size. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:

(1)

Standard: Nine (9) feet by nineteen (19) feet.

(2)

Compact: Nine (9) feet by sixteen (16) feet; limited to a maximum of ten (10) percent of the required number of parking spaces; must be clearly designated with appropriate signage.

(3)

Parallel: Eight (8) feet by twenty-two (22) feet.

(F)

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, and to prevent any parked vehicle from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three (3) foot minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.

(G)

In all nonresidential and multifamily zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic.

(H)

Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading.

(I)

Handicap parking space(s) shall be provided according to building codes.

(J)

In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment; or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

(K)

To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the Planning and Zoning Commission.

(L)

Off-street stacking requirements for drive-through facilities:

(1)

A stacking space shall be an area on a site measuring eight (8) feet by twenty (20) feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least eight (8) feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc.

(2)

For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of four (4) stacking spaces. One (1) escape lane shall be provided.

(3)

For each service window of a drive-through restaurant, a minimum of four (4) spaces shall be provided for the first vehicle stop (usually the menu/order board), and two (2) spaces shall be provided for each additional vehicle stop (order/pick-up windows, etc.). One (1) escape lane shall be provided from the beginning of the stacking lane to the first stop (e.g., menu/order board).

(4)

For kiosks, a minimum of three (3) stacking spaces for each service window shall be provided.

(5)

For a full-service car wash, each vacuum or gas pump lane shall be provided with a minimum of six (6) stacking spaces. For the finish/drying area, adequate stacking space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.

(6)

For each automated self-service (drive-through/rollover) car wash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One (1) stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.

(7)

For each wand-type self-service (open) car wash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One (1) stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.

(8)

For automobile quick-lube type facilities, a minimum of two (2) stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.03. - Off-street loading space—All districts except A-OS.

(A)

All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated on-site maneuvering area for trucks. Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area often by forty-five (45) feet (ten (10) feet by forty-five (45) feet), and such spaces or berths shall be provided in accordance with the following schedule:

Total Square Feet of Gross	Minimum Required
Floor Area in Structure	Spaces or Berths
0 to 50,000 square feet	1
50,001 to 100,000 square feet	2
100,001 to 200,000 square feet	3
Each additional 100,000 square	1 additional

(B)

Along major thoroughfares, loading docks or overhead rolling steel doors shall not be constructed facing the front of the lot, unless such loading dock or overhead rolling steel doors are set back a minimum of seventy-five (75) feet from the right-of-way line of the street or highway on which said loading dock fronts and is visually screened from "line of sight" measured from a vertical height of five (5) feet from such major thoroughfare. Screening shall be subject to the following standards:

(1)

Screening shall be equivalent to a brick masonry wall six (6) feet in height.

(2)

A living screen or living screen and berm of equal height may be substituted upon approval of the Planning and Zoning Commission. Living screen materials shall be in accordance with the City of Luling's approved plant list.

(3)

Screening shall be provided for a linear distance equal to the length of the area where the loading docks are exposed to the public street.

(C)

Loading docks on streets other than major thoroughfares shall not be constructed facing the front of the lot, unless a minimum setback of seventy-five (75) feet is provided from the right-of-way line of the street or highway on which said loading dock fronts.

(D)

Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to enclose the loading operation on three (3) sides, in order to reduce the effects of the noise of the operation on adjacent residences.

(E)

Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street pedestrian loading and unloading space for an automobile on a through "circular" drive for each ten (10) students cared for excluding child care in a residence. An additional lane shall also be required to allow pass-by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.04. - Parking access from a public street—All districts.

(A)

In the approval of a detailed site plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

(B)

In all Districts building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the Code Enforcement Officer or designated representative.

(1)

Based upon analysis by the City, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required of a developer in order to reduce such interference.

(2)

The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

(C)

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas.

(D)

Parking space configuration, location, arrangement, size and circulation in all Districts shall be constructed with a minimum clear span of depth nineteen (19) feet, width nine (9) feet, wheel or curb stop clearance two (2) feet. Permitted compact parking spaces shall be constructed with a minimum clear span of depth sixteen (16) feet, width nine (9) feet, wheel or curb stop clearance two (2) feet. All compact parking shall be marked "COMPACT ONLY" with minimum eight (8) inches high by four (4) inches wide lettering.

(E)

No required parking shall be permitted on grass, landscaped or other impervious surface.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.05. - Parking requirements based on authorized and approved use.

(A)

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:

(1)

Assisted living facility: One and one-half (1½) spaces per unit.

(2)

Automobile parts sales (indoors): Five (5) spaces plus one (1) space per five hundred (500) square feet of indoor floor area plus one (1) space for each two thousand (2,000) square feet of outside sales area.

(3)

Automobile sales or service: See motor-vehicle sales.

(4)

Bank, savings and loan, or similar institution: Five (5) spaces plus one (1) space per two hundred (200) square feet of gross floor area.

(5)

Bed and breakfast facility: One (1) space per guest room in addition to the requirements for a normal residential use. The type of pavement for the required parking can be similar to what exists for the home.

(6)

Bowling alley or center: Five (5) parking spaces for each alley or lane.

(7)

Bus or truck repair, storage area, or garage: Five (5) spaces plus one (1) space for each five hundred (500) square feet of floor area and repair garage.

(8)

Business or professional office (general): One (1) space per three hundred (300) square feet of gross floor area except as otherwise specified herein.

(9)

Car wash (self-serve): One (1) space per washing bay or stall in addition to the washing area or stall themselves; Car wash (full service): One (1) space per one hundred fifty (150) square feet of floor and service area.

(10)

Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main auditorium/sanctuary.

(11)

Clinic; medical, dental: One (1) space for each one (1) examination room, plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000).

(12)

College or university: One (1) space per three (3) day students.

(13)

Community center, library, museum or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.

(14)

Commercial amusement (indoor): One (1) space per one hundred (100) square feet of gross floor area, or as follows:

(a)

Racquetball or handball courts: Three (3) spaces for each court.

(b)

Indoor tennis courts: Six (6) spaces for each court.

(c)

Gymnasium, skating rinks, and martial arts schools: One (1) space for each three (3) seats at a maximum seating capacity, plus one (1) space for each two hundred (200) square feet.

(d)

Swimming pool: One (1) space for each one hundred (100) square feet of gross water surface and deck area.

(e)

Weight lifting or exercise areas: One (1) space for each one hundred (100) square feet.

(f)

Bingo parlors: One (1) space for three (3) seats (design capacity) or one (1) per one hundred (100) square feet of total floor area, whichever is greater.

(g)

Indoor jogging or running tracks: One (1) space for each one hundred (100) linear feet.

(h)

Motion picture theaters (which do not include live performances): a) One (1) space per three and one-half (3½) seats for single-screen theaters; b) one (1) space per five (5) seats for motion picture theaters with two (2) or more screens.

(i)

Amusement center: One (1) space for each game table and one (1) space for each amusement device.

(j)

All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses.

(15)

Commercial amusement (outdoor): Ten (10) spaces plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet of building and recreational area.

(16)

Commercial use: One (1) space per two hundred fifty (250) square feet of floor area.

(17)

Convenience store (with gasoline pumps): One (1) space per two hundred (200) square feet of floor area, plus one (1) space for each two (2) gasoline pump units (a unit may have up to three (3) nozzles for gasoline disbursement). Spaces in pump areas qualify as spaces for the parking requirement. If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store.

(18)

Dance hall, aerobics, assembly or exhibition hall without fixed seats: One (1) parking space for each one hundred (100) square feet of floor area thereof.

(19)

Day nursery: One (1) space per ten (10) pupils plus one (1) space per teacher, plus one (1) space for each bus or van. A minimum of three (3) stack (loading) spaces is required. One (1) additional stack space shall be provided for each five hundred (500) square feet over one thousand (1,000) square feet.

(20)

Elderly housing: One and one-half (1½) spaces per unit.

(21)

Flea market: One (1) space for each two hundred (200) square feet of floor or sales area. Dirt or gravel parking lots are not permitted.

(22)

Fraternity, sorority or dormitory: One (1) parking space for each two (2) beds on campus, and one and one-half (1½) spaces for each two (2) beds in off campus projects, plus one (1) space for each one hundred (100) square feet of floor area exclusive of sleeping areas.

(23)

Furniture or appliance store, hardware store, wholesale establishments, clothing or shoe repair or service: Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000).

(24)

Gasoline station: One (1) space per two hundred (200) square feet of floor area, plus one (1) space for each three (3) gasoline pump units (a unit may have up to three (3) nozzles for gasoline disbursement). Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.

(25)

Golf course: Four (4) parking spaces per hole or green plus requirements for retail, office, and club house areas and one (1) space per each two (2) employees.

(26)

Golf driving range: One and one-half (1½) spaces for each driving tee.

(27)

Health club, health spa or exercise club: One (1) space per one hundred (100) square feet of floor area.

(28)

Hospital: One (1) space for each one (1) bed or examination room, plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000).

(29)

Hotel or Motel: One (1) space per room for the first two hundred (200) rooms and three-quarter (¾) space per room for each room over two hundred (200), plus one (1) space per five (5) restaurant/lounge area seats, plus one (1) space per one hundred twenty-five (125) square feet of meeting/conference areas;

(a)

One and one-tenth (1.1) spaces per room which contains kitchenette facilities, plus parking for restaurant and meeting areas per ratio stated in this paragraph.

(b)

Two (2) spaces per guest room provided with kitchen facilities plus parking for restaurant and meeting areas per the ratio stated in this paragraph.

(30)

Industrial (light) uses: One (1) space for each one thousand (1,000) square feet of floor area.

(31)

Institutions of a philanthropic nature: Ten (10) spaces plus one (1) space for each employee.

(32)

Library or museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet.

(33)

Lodge or fraternal organization: One (1) space per two hundred (200) square feet.

(34)

Lumber yard: One (1) space per four hundred (400) square feet display area, plus one (1) space per one thousand (1,000) square feet of warehouse or storage space.

(35)

Machinery or heavy equipment sales: One (1) space per five hundred (500) square feet of gross floor area.

(36)

Manufacturing, processing or repairing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

(37)

Medical or dental office: One (1) space per two hundred (200) square feet of floor area. Facilities over twenty thousand (20,000) square feet shall use the parking standards set forth for hospitals.

(38)

Mini-warehouse: Four (4) spaces per establishment plus one (1) additional space per ten thousand (10,000) square feet of storage area.

(39)

Manufactured/mobile home or manufactured/mobile home park: Two (2) spaces for each manufactured/mobile home plus additional spaces as required herein for accessory uses.

(40)

Mortuary or funeral home: One (1) parking space for each one hundred (100) square feet of floor space in chapel, parlors or individual funeral service rooms plus one (1) additional parking space for each two hundred (200) square feet of floor area over one thousand (1,000).

(41)

Motor-vehicle sales and new or used car lots: One (1) parking space for each five hundred (500) square feet of sales/service floor for indoor uses, or one (1) parking space for each one thousand (1,000) square feet of lot area for storage, sales and parking area, whichever is greater.

(42)

Nursing home, convalescent home, or home for the aged: One (1) space per two and one-half (2½) beds plus one (1) parking space for each two thousand (2,000) square feet of floor area.

(43)

Office (administrative or professional): One (1) space for each three hundred (300) square feet of floor area.

(44)

Outdoor display: One (1) space for each six hundred (600) square feet of open sales/display area.

(45)

Places of public assembly not listed: One (1) space for each three (3) seats provided.

(46)

Race track, horses or dogs: One (1) for each three (3) seats plus one (1) space for each employee. Stable areas shall provide storage areas for horse trailers.

(47)

Real estate office: One (1) space for each two hundred (200) square feet.

(48)

Retail or personal service establishment, except as otherwise specified herein: One (1) space per two hundred (200) square feet of gross floor area.

(49)

Retirement home: One and one-half (1½) space for each dwelling unit.

(50)

Restaurant, private club, night club, cafe or similar recreation or amusement establishment: One (1) parking space for each one hundred (100) square feet of seating or waiting area or one (1) space for every three (3) seats under maximum seating arrangement, whichever is greater.

(51)

Rooming or boarding house: One and one-half (1½) parking space for each sleeping room.

(52)

Sanitarium or similar institution: One (1) parking space for each four (4) beds.

(53)

School, elementary (grades K—6): One (1) parking space per classroom, plus one (1) space per four (4) persons based upon maximum capacity for the place of assembly. If there is no place of assembly (auditorium/cafeteria,etc.), then the additional parking requirement shall be one and one-half (1½) spaces per employee.

(54)

School, secondary or middle (grades 7, 8): One (1) parking space per classroom, plus one (1) space per four (4) persons based upon maximum capacity for the place of assembly. If there is no place of assembly (auditorium/cafeteria etc.), then the additional parking requirement shall be one and one-half (1½) spaces per employee.

(55)

School, high school (grades 9—12): One parking space per classroom, plus one (1) space per three (3) persons based upon maximum capacity for the place of assembly If there is no place of assembly (auditorium/cafeteria, etc.), then the parking requirement shall be one (1) space per three (3) persons based on maximum capacity.

(56)

Storage or warehousing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

(57)

Telemarketing: One (1) space for each two hundred fifty (250) square feet of space.

(58)

Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium): One (1) parking space for each four (4) seats or bench seating spaces.

(59)

Truck stops: One (1) truck parking space for each ten thousand (10,000) square feet of site area plus one (1) vehicle parking space per two hundred (200) square feet of building area plus one (1) vehicle parking space per two thousand (2,000) square feet of canopy area.

(60)

Veterinarian clinic: One (1) space per three hundred (300) square feet of gross floor space.

(61)

Warehouse or wholesale type uses: One (1) space for each five hundred (500) square feet of office area, plus one (1) space for each five thousand (5,000) square feet of gross floor area, minus office space.

(62)

Safehouse Shelter: One (1) parking space per unit for residents, one (1) parking space for each employee, and (1) parking space per four (4) unit[s] for guests, with a minimum of at least five (5) guests spaces being provided.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.06. - Factures and procedures for computing number of parking spaces.

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

(A)

Floor area shall mean the gross floor area of the specific use.

(B)

Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.

(C)

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the Planning Coordinator in accordance with the requirements for the most closely related use specified in this section.

(D)

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

(E)

For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over forty thousand (40,000) square feet.

(F)

Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions. Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined by Planning Coordinator. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the City of Luling.

(G)

Compact car spaces. In the authorized Districts, compact car parking spaces may be permitted when approved as part of a detailed site plan, providing one (1) of the following conditions apply:

(1)

Where it is necessary to preserve the natural landscape and native trees, a maximum of ten (10) percent of required parking may be designed for compact cars.

(2)

On parking lots larger than fifty (50) spaces involving large industrial buildings or large offices and where there is only one (1) tenant, a maximum of ten (10) percent of the required parking may be for compact cars.

(3)

On parking lots larger than fifty (50) spaces involving a shopping center, a maximum of ten (10) percent of the required parking may be for compact cars.

(H)

The parking space requirements for a multi-story structure (including basements) shall be the same as required for a use of a similar nature. Non-occupancy square footage associated with the number of floors, in excess of that found on the first floor, may be excluded from the gross floor area if the proposed use is determined to have sufficient parking by the Planning Coordinator and if the provisions of subsection (I), below are satisfied.

(I)

The Planning Coordinator may approve a reduction in the number of parking spaces required if:

(1)

The building plans submitted to and approved by the city show non-occupancy areas that are not intended or designed or be occupied, such as stairwells, elevator shafts, ventilation shafts, vaults, safe deposit boxes, large data storage areas or areas for HVAC rooms used for equipment only (but not including janitorial closets or fire or security system rooms); and

(2)

The non-occupancy areas do not constitute more than two (2) percent of the gross floor area; and

(3)

The parking ratio is not less than that of the most general use category appropriate to the structure (office general or retail general).

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.07. - Location of parking spaces.

All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

(A)

Reserved.

(B)

Reserved.

(C)

Reserved.

(D)

Reserved.

(E)

Reserved.

(F)

Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed six hundred (600) feet from any nonresidential building served.

(G)

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the Planning and Zoning Commission and City Council is required according to the following criteria:

(1)

Off-site parking may be permitted on an immediately contiguous lot or tract, or on a lot or tract within one hundred fifty (150) feet of the place of business within the C-1, C-2 or C-3 Zoning District, of such building or structure providing:

(a)

That a permanent easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use, or

(b)

That a long-term remote parking lease agreement be provided upon approval by the City as a condition of such use.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.08. - Use of required parking spaces, nonresidential districts.

Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, storage, or permanent display of boats, trailers, campers, motor vehicles, or other goods, materials or products for sale or use.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.09. - Fire lanes.

Fire lanes shall be provided in all multifamily and nonresidential areas as required by the adopted Fire Code of the City.

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.0. - Conditional use permits CUP.

(A)

The purpose of conditional use permits is to allow certain uses in districts that under most circumstances would not be compatible with other permitted uses but with certain conditions and development restrictions may be compatible.

The City Council by an affirmative vote may, after public hearing and proper notice to all parties affected, and after recommendations from the Planning and Zoning Commission that the uses are in general conformance with the Comprehensive Master Plan and general objectives of the City and containing such requirements and safeguards as are necessary to protect adjoining property, authorize certain uses by a conditional use permit (CUP or C).

Application shall be accompanied by a site plan (see Section 10.013, Site development plan) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200) feet. The City shall make available application forms specifying drawing requirements. The Planning Coordinator, City Manager, Planning and Zoning Commission or City Council may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed.

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.01. - Regulations.

[(A)]

In recommending that a conditional use permit for the premises under consideration be granted, the City shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, screening and open space, heights of structures, and compatibility of buildings. In approving a requested CUP, the Planning and Zoning Commission and City Council may consider the following:

(1)

The use is harmonious and compatible with surrounding existing uses or proposed uses;

(2)

The activities requested by the applicant are normally associated with the permitted uses in the base district;

(3)

The nature of the use is reasonable;

(4)

Any negative impact on the surrounding area has been mitigated;

(5)

That any additional conditions specified ensure that the intent of the district purposes are being upheld.

(B)

In granting a conditional use permit, the Planning and Zoning Commission and City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the Building Official for use of the building on such property pursuant to such conditional use permit and such conditions precedent to the granting of the certificate of occupancy. Any special conditions shall be set forth in writing by the City Council prior to issuance of the certificate of occupancy.

(C)

No conditional use permit shall be granted unless the applicant, owner and grantee of the conditional use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the conditional use permit, as attached to the site plan drawing (or drawings) and reviewed by the Planning and Zoning Commission and approved by the City Council.

(D)

A building permit or certificate of occupancy shall be applied for and secured within one (1) year from the time of granting the conditional use permit, provided however, that the City Council may authorize an extension. After one (1) year from the date of approval has elapsed, the Planning and Zoning Commission and City Council may review the site plan for compliance. If the site plan is determined to be invalid, the property owner(s) must submit a new or revised site plan for approval prior to any construction or application for building permit for the area designated for the conditional use permit. A public hearing is required for consideration of the new site plan.

(E)

No building, premise, or land used under a conditional use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amended conditional use permit is granted for such enlargement, modification, structural alteration, or change.

Minor changes or alterations may be approved by the Planning Coordinator.

(F)

The City of Luling Zoning Board shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any conditional use permit.

(G)

When the City Council authorizes granting of a conditional use permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by a "C" designation.

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.02. - General description.

A conditional use permit for any of the following uses in any use district may be granted and may contain such requirements, conditions and safeguards as are needed to protect adjacent property, and in any case a site plan may be required by the planning and zoning commission or the city council which may be made a part of the regulations granting such conditional use permit:

(A)

(1)

College, university or private boarding school.

(2)

Library, museum, or art gallery.

(3)

Golf course, driving range or putting course.

(4)

Radio, microwave relay tower or television tower.

(5)

Private above ground water storage tank.

(6)

Gas or petroleum drilling or storage.

(7)

Rock quarries; sand, gravel or earth excavation for off-site use.

(8)

Airports or landing fields for public or private use. A special permit will not become effective until the site is approved by the Civil Aeronautics Administration. When located in the residence districts, the site shall contain not less than twenty (20) acres.

(9)

Hospitals intended for the care of insane, liquor or narcotics patients. When located in the R-1, RLD, RMD or RHD District, the site shall contain not less than twenty (20) acres.

(10)

Manufactured home park in any districts.

(11)

Dry board storage.

(12)

Small animal kennels and veterinary hospitals.

(13)

Greenhouses and nurseries.

(14)

Private club, community or civic club.

(15)

Day nursery or child care center.

(16)

Kindergarten.

(17)

Home beauty shop.

(18)

Institutions of a religious, education, recreation or philanthropic nature which are not listed in other subsections of this section.

(19)

Sororities, fraternities and lodges.

(20)

Medical facility.

(21)

Off-street parking lot.

(22)

Bait sales.

(23)

Electric transmission station.

(24)

Roller skating rink.

(25)

Temporary structures for religious or public gatherings.

(26)

Carnivals or amusement parks.

(26)

Zoo.

(27)

Temporary produce stand.

(28)

Motor raceways.

(29)

Feed lot.

(30)

Athletic fields or stadiums.

(31)

Christmas tree sales.

(32)

Fireworks sales.

(33)

Sewage collection and/or treatment utility installation, public or private, not listed in other subsections of this section.

(34)

Animal pound.

(35)

Home tropical fish sales.

(36)

Establishment selling alcoholic beverages.

(37)

Bed and breakfast.

(38)

Boarding house.

(39)

Public stable.

(40)

Private stable.

(41)

Rooming house.

(42)

Tourist house.

(B)

Restricted uses.

(1)

A conditional use permit may be granted for the following uses in the I-Industrial District only:

(a)

Cement, lime or gypsum manufacture.

(b)

Natural gas, production and distribution.

(c)

Petroleum production and refining.

(d)

Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products.

(e)

Disposal plants of all types including trash and garbage, sewage treatment, including lagoons and compost plants.

(f)

Salvage yards for automobiles, building materials, scrap metal, junk, or for any other kind of salvage; provided, however, that all salvage operations shall be so screened by ornamental walls, fences, or evergreen planting that it cannot be seen by a person standing at ground level at any place immediately adjacent to the lot on which the salvage operation is located.

(C)

Site plan.

(1)

The city council or the city planning and zoning commission shall require a site plan for a conditional use permit. Site plan shall show existing improvements on the land and proposed development of the property and shall give the following information.

(a)

Date, scale, north point, title, name or owner, and name of person preparing plan;

(b)

Location of existing boundary lines and dimensions of the tract;

(c)

Centerline of existing watercourses, drainage features, and location and size of existing and proposed streets and alleys;

(d)

Location and size to the nearest one-half (½) foot of all proposed buildings and land improvements;

(e)

Clear designation of areas reserved for off-street parking and for off-street loading; the location and size of points of ingress and egress; and the ratio of parking space to floor space.

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.03. - Prior CUP ordinances remaining in effect.

Prior to adoption of this ordinance, the City Council had established various conditional use permits, some of which are to be continued in full force and effect. The permits or parts of permits approved prior to this ordinance specified shall be identified, recorded, and carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective conditional use permits shown on the Zoning Map at the date of adoption of this ordinance.

(Ord. No. 2013-O-04, 3-14-2013)

Section 7.0. - Nonconforming buildings, lands or use.

(A)

General description. The lawful use of any building, structure, or land existing on the effective date of this ordinance may be continued, although such use does not conform with the provisions of this ordinance; provided, however, the right to continue such nonconforming use shall be subject to the following regulations:

(1)

Nonconforming building(s) or structure(s) may be occupied as herein provided:

(a)

Repairs and alterations may be made to the nonconforming building or structure, provided that no structural alterations shall be made except those required by law or ordinance or those necessary for installing or enclosing required sanitary facilities, such as toilets, and bathrooms.

(b)

The nonconforming building or structure shall not be added to or enlarged in any manner unless such additions or enlargements are made to conform to all of the requirements of the district in which such building or structure is located.

(c)

A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot, or another lot, unless every portion of such building or structure is made to conform to all of the regulations of the district in which located.

(d)

If a nonconforming building or structure is damaged or destroyed to the extent less than fifty (50) percent of it's fair market value by fire, explosion, act of God, or the public enemy, then restoration or new construction shall be permitted. If destruction to a nonconforming building or structure is greater than fifty (50) percent of its fair market value, such building or structure shall be demolished and all replacement shall conform to all regulations of the district in which it is located, and shall be treated as new construction.

(e)

A vacant, nonconforming building or structure lawfully constructed may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one (1) year after the effective date of this ordinance. The use of a nonconforming building or structure lawfully constructed which became vacant after the effective date of this ordinance may also be occupied by the use for which it was designed or intended, if so occupied within a period of one (1) year after the building or structure became vacant.

(2)

Nonconforming use of a building may be continued as hereinafter provided.

(a)

The nonconforming use of a building or structure may be changed to a use of the same or more restrictive classification. Where the nonconforming use of a building or structure is hereinafter changed to a use of a more restrictive classification, it shall not thereafter be changed to a use of less restrictive classification.

(b)

A nonconforming use of a conforming building or structure shall not be extended or expanded into any other portion of such conforming building or structure, nor changed except to a conforming use. If such nonconforming use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use shall be in conformity with the regulations of the district in which such building or structure is located.

(c)

A nonconforming use of a building or structure may not be transferred to a new owner when a change of ownership occurs.

(3)

Nonconforming use of land existing at the time of the effective date of this ordinance may continue as hereinafter provided.

(a)

A nonconforming use of land shall not be extended or expanded.

(b)

If a nonconforming use of land, or portion thereof, is voluntarily discontinued for a period of one (1) year any future use of such land or portion thereof shall be in conformity with the regulation of the district in which such land or portion thereof is located.

(c)

Any sign, billboard or poster panel which lawfully existed and was maintained at the time of effective date of this ordinance, may be continued, although such use does not conform with the provision of this ordinance, provided, however, that no structural alterations are made thereto.

(d)

A nonconforming use of land or parcel may not be transferred to a new owner when a change of ownership occurs.

(4)

Abandonment of a building, structure, or land of a nonconforming use shall not thereafter be returned to such nonconforming use. Discontinuance or abandonment of a nonconforming use or structure shall commence on the act or date of discontinuance or abandonment. A nonconforming use shall be considered abandoned when:

(a)

The intent of the owner to discontinue the use is apparent; or

(b)

The characteristic equipment and furnishings of the nonconforming use have been removed from premises and have not been replaced by similar equipment by approved permit within six (6) months; or

(c)

A nonconforming building, structure, or land, or portion thereof, which is, or hereafter, becomes vacant and remains unoccupied for a period of six (6) months; or

(d)

A nonconforming use has been replaced by a conforming use.

(5)

Displacement: No nonconforming use shall displace a conforming use.

(6)

Change in district boundaries: Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one (1) district to another district, or when the boundaries of the districts are changed as the result of annexation of new territory, or changes in the regulations or restrictions of this ordinance, the foregoing provisions shall also apply to any uses existing therein which may become nonconforming.

(7)

Conforming single-family residential uses on platted lots approved prior to this ordinance, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this ordinance as long as the use of the lot is allowed in the respective district. Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered nonconforming.

(B)

An act of noncompliance with this ordinance shall be a misdemeanor and upon conviction the violator thereof shall be fined in an amount of not more than the maximum amount provided by Section 1-8 of City of Luling, Code of Ordinances. Each day that each such violation shall continue shall be deemed a separate and distinct offense and may be punishable as such.

(Ord. No. 2013-O-04, 3-14-2013)

Luling City Zoning Code

ARTICLE II

- ESTABLISHMENT OF ZONING DISTRICTS

Section 3.0. - Number of districts.

For the purpose of this section the following districts are hereby established for the city:

(A)

(A-OS) Agricultural—Open Space District.

(B)

Residential Districts:

(1)

(R-1) Single-Family District.

(2)

(RLD) Single-Family and Duplex Dwelling District.

(3)

(RMD) Single-Family, Two-Family, and Multi-Family Dwelling District.

(4)

(RHD) Multiple-Family District.

(C)

(MH) Manufactured Home District.

(D)

Commercial Districts:

(1)

(C-1) Neighborhood Shopping District (Light).

(2)

(C-2) General Commercial District (Medium).

(3)

(C-3) Highway Commercial District (Heavy).

(E)

(D) Downtown District.

(F)

Industrial District:

(1)

(I)-General Industrial District.

(G)

(H) Historic Overlay District.

(H)

(P&I) Public and Institutional District.

(I)

(PD) Planned Development District.

Table 1
District	Min. Lot Size	Min. Lot Width	Min. Lot Depth	Min. Front Yard	Min. Rear Yard	Min. Side Yard	Max. Height of Bldg	Lot Coverage
A-OS	6,000 sq. ft. per D. U. 2 acres for Ag	60' for D. U.	100' for D. U.	25' for D. U. 150' for Ag Bldg	25' for D. U. 150' for Ag Bldg	10' for D. U.	35'	55%
R-1	6,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	25' for D. U.	6' for D. U.	2½ Stories or 35'	55%
RLD	6,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	25' for D. U.	6' for D. U.	2½ Stories or 35'	55%
RMD	3,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	15' per D. U.	10' for D. U.	5' for D. U.	2 Stories or 35'	55%
RHD	1,500 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	15' for D. U.	5' for D. U.	3½ Stories or 40'	See Section 3.05 F
MH	6,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	25' for D. U.	6' for D. U.	2½ Stories or 35'	40%
C-1	7,000 sq. ft.	60'	100'	25'	20'	See Section 3.07(E)(2)	2½ Stories or 30'	50%
C-2	By Approved Plan	60'	100'	25'	0'	0'	2½ Stories or 30'	50%
C-3	3,000 sq. ft.	30'	100'	50'	10'	25'	3½ Stories or 40'	50%
D	2,600 sq. ft.	20'	120'				3½ Stories or 35'	95%
I	1-acre	0'	0'	0'	See Section 3.11(D)(2)	0'	35'	50%
H	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve
P&I	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve
PD	Approved Plan As Per Designated District Indicated Above

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.01. - (A-OS) Agricultural—Open Space District.

(A)

(B)

Use permitted. Property and buildings in an A-OS, Agricultural—Open Space District shall be used only for the following purposes:

(1)

Single-family detached residential dwelling.

(2)

Raising of and harvesting crop production.

(3)

Livestock production, excluding feedlots and/or more than one (1) animal facility exceeding one thousand (1,000) square feet of roofed area.

(a)

Any customary agricultural use, building, or structure, including plant nurseries, gardens, greenhouses, orchards, and truck farms.

(b)

Private noncommercial recreational areas including riding facilities and rodeos.

(c)

Barns, stables, and pens for livestock.

(d)

Dairies and related establishments for processing milk products, not including retailing.

(e)

Temporary fruit/vegetable stand on premises used for agricultural purposes.

(f)

Accessory structures and uses customarily incident to the above uses and located on the same lot therein, not involving the conduct of any business or commercial enterprise.

(4)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by Condition Use Permit.

(1)

Bed and breakfast.

(2)

Commercial communication tower.

(3)

Country club.

(4)

Such use as may be deemed permissible under Zoning [App. B], Section 6.0.

(D)

Height regulations. No building shall exceed thirty-five (35) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard setback line for Residential Dwelling shall be twenty-five (25) feet.

(b)

The minimum depth of the front yard setback line for Agricultural buildings (barns, animal pens, etc.) shall be one hundred fifty (150) feet.

(c)

When a yard has double frontage, the front yard setback requirements for Residential Dwelling shall be complied with on both streets.

(d)

No accessory building shall be allowed in the front yard.

(i)

Exception: Water well pumphouse.

(2)

Side yard.

(a)

The minimum depth of the side yard setback line for Residential Dwelling shall be ten (10) feet.

(b)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line for Residential Dwelling shall be twenty-five (25) feet.

(b)

(F)

Lot regulations.

(1)

Area. For each agricultural open space, and accessory thereto, there shall be a lot area of not less than two (2) acres

(2)

(3)

(G)

Coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(H)

Parking regulations.

(1)

(2)

(I)

Special provisions.

(1)

(2)

Permanent barriers shall be maintained for the tenure of occupancy.

(3)

(4)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance. TBC

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.02. - (R-1) Single-Family Residential Districts.

(A)

(B)

Uses permitted. Property and buildings in an R-1, Single-Family Dwelling District shall be used only for the following purposes:

(1)

Detached one-family dwelling.

(2)

Telephone exchanges.

(3)

(4)

Transportation and utility easement, alleys, and right-of-way.

(5)

(6)

Uses customarily incidental to any of the above uses when located upon the same lot and not involving the conduct of a business.

(7)

Fence—A fence, hedge, or enclosure wall provided:

(a)

No solid fence or enclosure shall exceed a height of six (6) feet, and no such six (6) foot fence or enclosure shall extend any closer than twenty-five (25) feet to any front yard lot line;

(b)

(c)

(d)

(e)

Sight triangle required.

(8)

(9)

A church bulletin board or sign not exceeding fifty (50) square feet in area, located on the same lot with the church building.

(10)

(11)

Temporary building of the construction industry which is incidental to the erection of buildings permitted in this district and which shall be removed when construction work is completed.

(12)

(13)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Exception:

(1)

(2)

Projections not used for occupancy. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard setback line shall be twenty-five (25) feet.

(b)

(c)

When a yard has double frontage, the front yard setback requirements shall be complied with on both streets.

(d)

No accessory building shall be allowed in the front yard including garage, carport, storage, etc.

(2)

Side yard.

(a)

(b)

(c)

(d)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line shall be twenty-five (25) feet.

(b)

(c)

(d)

Off-street parking space shall not occupy more than forty (40) percent of the rear yard area.

(E)

Lot regulations. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than six thousand (6,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

(2)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(I)

Advertising and signage.

(1)

(2)

Additional requirements under advertising. (See Advertising Ordinance, Section 6.4.013 A—E [subsections 6-53(a)—(e) in Code].)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.03. - (RLD) Single-Family and Duplex Dwelling District (low density).

(A)

(B)

Uses permitted. Property and buildings in an RLD, Single-Family and Duplex Dwelling District shall be used only for the following purposes:

(1)

Any use permitted in an R-1, Residential District.

(2)

Two-family dwellings.

(3)

Garage apartments.

(4)

Duplexes.

(5)

Boarding homes.

(6)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Exception:

(1)

(2)

Projections not used for occupancy. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard setback shall be twenty-five (25) feet.

(b)

(c)

When a yard has double frontage, the front yard setback requirements shall be complied with on both streets.

(d)

No accessory building or structure shall be allowed in the front yard.

(2)

Side yard.

(a)

For dwelling located on interior lots there shall be a side yard setback on each side of the main building of not less than six (6) feet for dwellings of one (1) story, and of not less than seven and one-half (7½) feet for dwellings more than one (1) story. (See exception [subsections] (C)(1) and (C)(2).)

(b)

(c)

(d)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line shall be twenty-five (25) feet.

(b)

There shall be a separation in rear yard for a main building to accessory buildings of not less than ten (10) feet.

(c)

(d)

Off-street parking space shall not occupy more than forty (40) percent of the rear yard area.

(E)

Lot regulations. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than six thousand (6,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

(a)

The following items are established as minimum criteria for development within this District:

(i)

Permanent six (6) foot privacy fences shall be erected along all property lines which abut a single-family residential lot line prior to the acceptance of subdivision improvements by the City.

(2)

(3)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.04. - (RMD) Single-Family, Two-Family, and Multi-Family Dwelling District (medium density).

(A)

(B)

Uses permitted. Property and buildings in an RMD Single-Family, Two-Family, and Multi-Family dwelling district shall be used only for the following purposes:

(1)

Any use permitted in an RLD, Single-Family and Duplex Dwelling Residential District.

(2)

Multifamily complex consisting of three (3) to fifteen (15) dwelling units per acre.

(3)

Manufactured Home Park (subject to Chapter 66 of this Code).

(4)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations.

(1)

No building shall exceed two (2) standard stories or thirty-five (35) feet in height.

Exception:

(a)

(b)

Projections not used for occupancy. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard shall be fifteen (15) feet.

(b)

(c)

When a yard has double frontage the front yard requirements shall be complied with on both streets.

(2)

Side yard.

(a)

(b)

(c)

(3)

Rear yard.

(a)

There shall be a rear yard for a main building of not less than ten (10) feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

(E)

Lot regulations. Manufactured home park lots are subject to Chapter 66 of this Code. TBC.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than three thousand (3,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

(2)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings containing residential units shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(5)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.05. - (RHD) Multi-Family Dwelling District (high density).

(A)

(B)

Uses permitted.

(1)

Any use permitted in the RMD, Residential District, except mobile homes, located on owner occupied lots.

(2)

Multiple-family dwellings and apartments consisting of more than fifteen (15) with a maximum of thirty (30) dwelling units per acre.

(3)

Garden home.

(4)

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(5)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No buildings shall exceed three and one-half (3½) stories or forty (40) feet in height.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

All buildings shall be set back from street right-of-way lines or lot lines to comply with following yard requirements:

(1)

Front yard.

(a)

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

(b)

Where lots have double frontage running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Side yard.

(a)

(b)

(c)

(3)

Rear yard.

(a)

There shall be a rear yard for a main building of not less than fifteen (15) feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

(E)

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than one thousand five hundred (1,500) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

A lot on which there is erected or converted a multiple-family dwelling shall contain a total lot area according to the following schedule:

(a)

Each efficiency unit—One thousand (1,000) square feet.

(b)

Each one-bedroom unit—One thousand four hundred (1,400) square feet.

(c)

Each two-bedroom unit—Two thousand three hundred (2,300) square feet.

(d)

More than two-bedroom unit—Two thousand three hundred (2,300) square feet plus two hundred (200) square feet for each bedroom over two (2).

(2)

Any room other than a living room, bathroom, dining room, laundry/utility room and kitchen shall be counted as a bedroom.

(3)

Livability open space—No less than thirty (30) percent of the total gross land area shall be used for people, planting, and visual appeal. This includes patios, decks, and balconies.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

(2)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings containing residential units shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(5)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.06. - (MH) Manufactured Home Dwelling District.

(A)

(B)

Uses permitted.

(1)

Single-family manufactured home less than eight (8) years old at time of permit application.

(2)

Single-family dwellings.

(3)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed two (2) stories or thirty-five (35) feet in height.

Manufactured homes shall not be allowed to exceed original designed height.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

All buildings shall be set back from street right-of-way lines or lot lines to comply with following yard requirements:

(1)

Front yard.

(a)

The minimum depth of the front yard setback shall be twenty-five (25) feet.

(b)

(c)

When a yard has double frontage, the front yard setback requirements shall be complied with on both streets.

(d)

No accessory building or structure shall be allowed in the front yard.

(2)

Side yard.

(a)

For dwelling located on interior lots there shall be a side yard setback on each side of the main building of not less than six (6) feet for dwellings of one (1) story, and of not less than seven and one-half (7½) feet for dwellings more than one (1) story. (See exception [subsections] (C)(1) and (C)(2).

(b)

(c)

For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet from roof overhang to side lot line. For accessory buildings over one (1) story the side setback shall be increased one (1) foot additional horizontally for each two (2) feet vertical over ten feet in height.

(d)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line shall be twenty-five (25) feet.

(E)

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than six thousand (6,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions. All sites for manufactured homes approved through a Manufactured Home District must satisfy the following requirements:

(1)

All manufactured home dwelling units shall be HUD-code manufactured home units.

(2)

All foundations shall be engineered in accordance to current Building Code and approved by the building official.

(3)

(4)

Skirting:

(a)

(b)

All required skirting shall be of a texture and color similar to the materials used in the construction of the manufactured home unit.

(5)

The main roof shall be pitched, rather than flat.

(6)

The manufactured home must be sited with its longest dimension parallel to the street.

(7)

The exterior finish shall be compatible with single-family dwellings located within five hundred (500) feet of the lot on which the manufactured home is proposed to be located.

(8)

The hitch and axles must be removed and not be visible on lot.

(9)

(10)

All buildings containing residential units shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(11)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes except for designated areas in a manufactured home park.

(12)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(13)

A perimeter barrier of approved material shall be installed around the manufactured home district.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.07. - (C-1) Neighborhood Shopping District.

(A)

(B)

Uses permitted. Property and building in a C-1, Neighborhood Shopping District shall be used only for the following purposes:

(1)

Any use permitted in an A-Multiple-Family District.

(2)

(a)

Antique shop.

(b)

Appliance shop.

(c)

Artists materials, supply studio.

(d)

Automobile parking lot.

(e)

Baby shop.

(f)

Bakery goods store.

(g)

Bank.

(h)

Barber shop.

(i)

Beauty shop.

(j)

Book or stationery store.

(k)

Camera shop.

(l)

Candy store.

(m)

Catering establishment.

(n)

Cleaning, pressing, laundry collection agency.

(o)

Curio or gift shop.

(p)

Drug store or fountain.

(q)

Dental clinic.

(r)

Dry goods store.

(s)

Dairy products or ice cream store.

(t)

Delicatessen.

(u)

Dress shop.

(v)

Florist shop, greenhouse, nursery.

(w)

Grocery store (not supermarket).

(x)

Jewelry or notion store.

(y)

Lodge hall.

(z)

Meat market.

(aa)

Messenger or telegraph service.

(bb)

Musical instrument sales.

(cc)

Newspaper or magazine sales.

(dd)

Office business.

(ee)

Optometrists sales and service.

(ff)

Photographer studio.

(gg)

Pharmacy.

(hh)

Radio and television sales and service.

(ii)

Restaurant, café.

(jj)

Self-service laundry or dry cleaning.

(kk)

Sewing machine sales, instruction.

(ll)

Sporting goods sales.

(mm)

Shoe repair shop.

(nn)

Tailor shop.

(oo)

Toy store.

(pp)

Variety store.

(qq)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(3)

Nameplate and sign relating to the use of the store and premises or to products sold on the premises, not to exceed forty (40) percent of the face of the building.

(4)

(C)

Use permitted by condition use permit.

(1)

Sale of alcoholic beverages for off-premises consumption.

(2)

Off-premise advertising signs (billboards).

(D)

Height regulations.

(1)

No building shall exceed two and one-half (2½) stories or thirty (30) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

The following requirements shall apply to all uses permitted in this district:

(1)

Front yard.

(a)

All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.

(2)

Side yard.

(a)

On the side of a lot adjoining a residential district there shall be a side yard of not less than twenty-five (25) feet.

(b)

There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(c)

Minimum-interior—There shall be a side yard setback of not less ten (10) feet.

(d)

Minimum-exterior—There shall be a side yard setback of not less twenty-five (25) feet.

(3)

Rear yard.

(a)

The rear of a lot adjoining a residential district there shall be a rear yard of not less than twenty-five (25) feet, same as the requirements for a side yard.

(b)

Minimum rear yard shall be twenty (20) feet.

(F)

(1)

Area. For each dwelling, building and building accessory thereto, there shall be lot area of not less than seven thousand (7,000) square feet.

(2)

(3)

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

A corner lot shall have a minimum depth of not less than one hundred (100) feet both direction of frontage.

(G)

Lot coverage.

(1)

(H)

Off-street parking and loading regulations.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(I)

Special provisions.

(1)

(2)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.08. - (C-2) General Commercial District.

(A)

(B)

Uses permitted. Property and buildings in a C-2, General Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-1, Neighborhood Shopping District.

(2)

Amusement enterprises.

(3)

Advertising signs or structures (on-premises only).

(4)

Ambulance service, office or garage.

(5)

Automobile retail gasoline service station.

(6)

Bakery.

(7)

Bath house.

(8)

Boat sales.

(9)

Billiard hall.

(10)

Cleaning plant, commercial laundry or dry cleaning.

(11)

Clothing or apparel store.

(12)

Commercial school or hall.

(13)

Department store, sporting goods store, toy store.

(14)

Feed and fuel store.

(15)

Furniture repair and upholstery.

(16)

Golf course, miniature or practice range.

(17)

Heating, ventilating or plumbing supplies, sales and service.

(18)

Ice storage locker plant, frozen food locker or storage house for food.

(19)

Interior decorating store.

(20)

Key shop.

(21)

Laboratories, testing, research, and experimental.

(22)

Laundry.

(23)

Leather goods shop.

(24)

Novelty club or shop.

(25)

Nursery or garden supply store.

(26)

Pawn shop.

(27)

Pet shop.

(28)

Printing plant.

(29)

Sign painting shop.

(30)

Stock and bond broker.

(31)

Storage warehouse.

(32)

Telephone exchange.

(33)

Theaters.

(34)

Travel store.

(35)

Travel trailer park.

(36)

Used automobile sales.

(37)

Wholesale distributing center.

(38)

(39)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, or traffic than those listed above.

(40)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by condition use permit.

(1)

Sale of alcoholic beverages for off-premises consumption.

(2)

Off-premise advertising signs (billboards).

(3)

Hotel, motel.

(4)

Funeral homes and mortuaries, except crematoria cannot be adjacent to any Residential and Commercial districts.

(D)

Height regulations.

(1)

No building shall exceed two and one-half (2½) stories or thirty (30) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

Reserved.

(b)

Reserved.

(c)

All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.

(2)

Side yard.

(a)

(3)

Rear yard.

(a)

The rear of a lot adjoining a residential district there shall be a rear yard of not less than twenty-five (25) feet, same as the requirements for a side yard.

(F)

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than one thousand five hundred (1,500) square feet.

(2)

(3)

(G)

Lot coverage.

(1)

(H)

Off-street parking and loading regulations.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(I)

Special provisions.

(1)

(2)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(3)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(5)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.09. - (C-3) Highway Commercial District.

(A)

(B)

Uses permitted. Property and buildings in a C-3, Highway Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-2, General Commercial District.

(2)

Boat sales and service.

(3)

Farm implement and machinery, new and used, sales.

(4)

Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales.

(5)

Mobile home and travel trailer sales.

(6)

Monument sales.

(7)

New and used automobile sales and service.

(8)

Prefabricated house sales.

(9)

Trailers for hauling, rental and sales.

(10)

Drive-in theater.

(11)

Restaurant.

(12)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by condition use permit.

(1)

Sale of alcoholic beverages for off-premises consumption.

(2)

Off-premise advertising signs (billboards).

(3)

Hotel, motel.

(D)

Height regulations.

(1)

No building shall exceed three and one-half (3½) stories or forty (40) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

All buildings shall be setback from the street right-of-way line to provide a front yard having not less than fifty (50) feet in depth.

(2)

Side yard.

(a)

On the side of a lot there shall be a side yard of not less than ten (10) feet. There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(3)

Rear yard.

(a)

On the rear yard of a lot there shall be a rear yard of not less than twenty-five (25) feet. There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(F)

(1)

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

(2)

Minimum lot width: Thirty (30) feet.

(3)

Minimum lot depth: One hundred (100) feet.

(G)

Lot coverage.

(1)

(H)

Off-street parking and loading regulations.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(3)

(I)

Special provisions.

(1)

(2)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(3)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.10. - (D) Downtown District.

(A)

(B)

Uses permitted. Property and buildings in the downtown district shall be used only for the following purposes:

(1)

Bed and breakfast facility.

(2)

Boarding house.

(3)

Single-family dwelling, attached.

(4)

Child care center.

(5)

Theater.

(6)

Art gallery.

(7)

Fraternal organization, lodge.

(8)

Bank, financial institution.

(9)

Auto parts and accessories (indoor).

(10)

Accounting.

(11)

Engineering, architect.

(12)

Dental clinic.

(13)

Office, general.

(14)

Optician or optometrist.

(15)

Real estate office.

(16)

Drug store.

(17)

Beauty/barber shop, salon.

(18)

Antique shop.

(19)

Appliance store.

(20)

Book store.

(21)

Dry cleaner/laundry (pick-up only).

(22)

Computer sales/service.

(23)

Copy shop.

(24)

Department store.

(25)

Floral shop.

(26)

Restaurant, food and beverage sales store (not drive-thru).

(27)

Furniture store.

(28)

Hobby shop.

(29)

Retail shop.

(30)

Silk screening studio.

(31)

Newspaper printing.

(32)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by condition use permit.

(1)

Alcoholic beverage establishments.

(2)

Restaurant with alcoholic beverage sales.

(D)

Height regulations.

(1)

No building shall exceed three and one-half (3½) stories or thirty-five (35) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

[(1)

Reserved.]

(2)

The area regulations for residential dwellings shall be the same as the requirements of the RMD district.

(3)

There are no specific front, side, or rear yard requirements for uses in this district.

(a)

All buildings should set back a distance of not less than twenty-five (25) feet from the lot line that adjoins a residential district.

(4)

The area regulations for nonresidential is the limits of the legal lot lines.

(5)

(F)

Lot regulations.

(1)

Minimum lot area: Twenty-six hundred (2,600) square feet

(2)

Minimum lot width: Twenty (20) feet.

(3)

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

(G)

Lot coverage. For each main building and secondary building including impervious surfaces of the lot should not exceed ninety-five (95) percent.

(H)

Parking regulations.

(a)

There are no specific off-street parking requirements for this district.

(b)

If off-street parking is voluntarily provided it shall meet the off-street parking requirements set forth in Section 5.0.

(I)

Special provisions:.

(1)

(2)

All buildings shall provide signage, visible from the entrances, identifying the address numbers of the building.

(3)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.11. - (I) General Industrial District.

(A)

(B)

Uses permitted. Property and buildings in an I, General Industrial District shall be used only for the following purposes:

(1)

Any use, except a residential use, permitted in a C-2, General Commercial District. No residential dwelling on the premises shall be permitted.

(2)

Bakery.

(3)

Bottling works.

(4)

Book bindery.

(5)

Candy manufacturing.

(6)

Engraving plant.

(7)

Electronic equipment assembly and manufacturing.

(8)

Food products processing and packing.

(9)

Furniture manufacturing.

(10)

Instrument and meter manufacturing.

(11)

Jewelry and watch manufacturing.

(12)

Laundry and cleaning establishment.

(13)

Leather goods fabrication.

(14)

Optical goods manufacturing.

(15)

Paper products manufacturing wholesale or warehousing enterprise.

(16)

Building material sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business.

(17)

Contractor's equipment storage yard or plant, or rental equipment commonly used by contractors.

(18)

Freighting or trucking yard or terminal.

(19)

Oil field equipment storage yard.

(20)

The following uses when conducted within a completely enclosed building:

(a)

(b)

(c)

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas;

(d)

(e)

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps;

(f)

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing;

(g)

Machine shop;

(h)

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors;

(i)

Assembly of electrical appliances, electronic instruments and devices, including the manufacturing of small parts only, such as coils, condensers, transformers, crystal holders, and the like;

(j)

Buildings, structures, and uses accessory and customarily incidental to any of the above uses.

(21)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed thirty-five (35) feet in height.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

There is no specific front yard requirements for uses in this district.

(b)

All buildings shall set back a distance of not less than twenty-five (25) feet from the front lot line that adjoins a residential district.

(2)

Side yard.

(a)

There is no specific side yard requirements for uses in this district.

(b)

All buildings shall set back a distance of not less than twenty-five (25) feet from the side lot line that adjoins a residential district.

(3)

(E)

Lot regulations.

(1)

Minimum lot area: One (1) acre.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(F)

Lot coverage.

(1)

(G)

Parking regulation.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(3)

(H)

Special provisions.

(1)

(2)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.12. - (H) Historic Overlay District.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.13. - (P&I) Public and Institutional District.

(A)

(B)

Property and buildings in a P&I, Public and Institutional District shall be used only for the following purposes:

(1)

Any municipal, county, state or federal facility.

(2)

Any public utility or other quasi-governmental facility.

(3)

Public parks, playgrounds and neighborhood recreational center.

(4)

Library.

(5)

(6)

Telephone exchange.

(7)

Water tower.

(8)

Water supply reservoirs and/or pumping plants.

(9)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations.

(1)

Reserved.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Reserved.

(E)

Lot regulations.

(1)

Reserved.

(F)

Parking regulations.

(1)

Reserved.

(G)

Special provisions.

(1)

Reserved.

(H)

Conditional use permit.

(1)

Churches, parish houses, and other religious facilities but, not including revival tents or arbors.

(2)

Medical service facilities.

(3)

Charitable institutions not containing transient facilities.

(4)

Public school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

(5)

College.

(6)

(7)

Public transportation facilities and associated commercial activities.

(8)

Electronic transmission and/or reception facilities, except broadcast studios.

(9)

Cemeteries.

(10)

Community meeting and/or recreation facilities.

(11)

Group homes.

(12)

Public or private school or other educational institution.

(13)

Detention facilities and/or treatment facilities for addiction.

(14)

Wireless communication facility.

(15)

Country club.

(16)

Campgrounds, outdoor recreation areas, and commercial amusements primarily requiring open areas.

(17)

Recreational vehicle park.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.14.01. - Sign type standards.

(A)

(1)

(2)

(B)

(1)

(2)

(3)

(4)

(5)

(C)

(D)

(E)

(F)

(G)

(1)

(2)

(Ord. No. 2013-O-04, 3-14-2013; Ord. No. 2017-O-01, § II, 1-12-2017)

Section 3.14.02. - Sign measurements.

(A)

The face of a sign is any portion or facet capable of displaying a message whether by letters, numbers, or symbols.

(B)

(C)

(D)

(E)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.14.03. - Sign zoning standards.

Signs shall comply with the limits provided in the table below according to the zoning district where each sign is located and all requirements of City of Luling, Code of Ordinance Section 6.0.

Table 2
ZONING DISTRICT(S)	SIGN TYPE		ATTACHED SIGNS	FREESTANDING SIGNS
Listed	Allowed (by right by building permit)	Permitted (requires conditional use permit)	Maximum aggregate sign area of all signs per building or building occupancy as a percent of the building façade area (sq. ft.)	Maximum sign area per tract. * One sign structure is allowed per street frontage.
A-OS	WS, MS, LP, MP	Reserve	15 percent	250 sq. ft.
R-1	WS, MS, LP	Reserve	2 sq. ft. only	2 sq. ft.
RLD	WS, MS, LP	Over minimum size allowed	2 sq. ft	2 sq. ft.
RMD	WS, MS, LP	Over minimum size allowed	16 sq. ft	2 sq. ft.
RHD	WS, MS, LP, MP	Over minimum size allowed	16 sq. ft	2 sq. ft.
MH	WS, LP	Over minimum size allowed	16 sq. ft	16 sq. ft
C-1	WS, LP, MP	Reserve	15 percent	100 sq. ft. single side or 200 sq. ft. double sided
C-2	WS, LP, MP	Reserve	15 percent	125 sq. ft. single side or 250 sq. ft. double sided
C-3	WS, MS, LP, MP, HP	Reserve	15 percent	175 sq. ft. single side or 350 sq. ft. double sided
C-3	IHHP1	Reserve	15 percent	2,500 sq. ft. single side or 5,000 sq. ft. double sided
C-3	IHMP2	Reserved	15 percent	250 sq. ft single side or 500 sq. ft. double sided
D	WS, MS, LP	Reserve	20 percent	As allowed by setback. 32 sq. ft. single side or 64 sq. ft. double sided
I	WS, MS, LP, MP, HP	Reserve	15 percent	125 sq. ft. single side or 250 sq. ft. double sided
H	Reserve	Reserve	Reserve	Reserve
P&I	WS, MS, LP, MP	Reserve	10 percent	32 sq. ft. single side or 64 sq. ft. double sided
PD	As per specific zoning district as assigned		As per specific zoning as assigned	As per specific zoning as assigned

* Unless identified in breakdown.

(Ord. No. 2013-O-04, 3-14-2013; Ord. No. 2017-O-01, § III, 1-12-2017)

Section 4.0. - (PD) Planned Development District.

(A)

General description.

(1)

(B)

Planned development prerequisite standards.

(1)

(2)

(3)

(4)

In return for this greater flexibility in the use of land within a PD District, the PD proposal must also include provisions for public space in the form of parks, trails, or other public amenities.

(5)

(C)

(1)

(a)

(b)

(2)

The detailed site plan shall include:

(a)

(b)

(c)

(d)

A landscape plan showing turf areas, screening walls, ornamental planting, wooded areas and trees to be planted.

(e)

(f)

(D)

(1)

(a)

The applicant submits adequate data with the request for the Planned Development District to fulfill the requirement for a detailed site plan; or

(b)

Information on the concept plan and attached application is sufficient to determine the appropriate use of the land and the development plan will not deviate substantially from it.

(2)

If the above two (2) conditions are not met, then another public hearing must be held by the Planning and Zoning Commission and City Council prior to approval of the detailed site plan.

(3)

The ordinance establishing the Planned Development District shall not be approved until the conceptual and/or detailed site plan is approved.

(a)

(b)

(4)

Although a public hearing may not be required for the detailed site plan, approval by the Planning and Zoning Commission and City Council is still required.

(5)

(6)

(E)

Uses permitted.

(1)

Bed and breakfast inn or facility.

(2)

Boarding house.

(3)

Community home (per state statute).

(4)

Congregated housing, units, apartments for elderly/senior citizens.

(5)

Assisted living facility.

(6)

Manufactured home/mobile home district.

(7)

Manufactured home park.

(8)

Multifamily dwelling (apartments).

(9)

Multifamily dwelling (quadraplex, duplex).

(10)

Multifamily dwelling (garden home, town home).

(11)

Single-family dwelling (attached and detached).

(12)

Accessory building (as approved).

(13)

Caretaker's or guard's residence.

(14)

Garage/accessory building.

(15)

Off-street parking (incidental to main use).

(16)

Swimming pool (public/private).

(17)

Temporary field office or construction yard (subject to permit issued by Building Official).

(18)

Municipal building or facilities.

(19)

Public health/protection facilities.

(20)

Public buildings with shops or yards (local, state or federal agency).

(21)

Utility services (electric sub-substation, sewer lift station, water tower, telephone exchange).

(22)

Amusement, commercial (indoor, outdoor).

(23)

Arcade.

(24)

Park or playground.

(25)

Child care center.

(26)

Theater.

(27)

Recreation vehicle park and storage.

(28)

Museum.

(29)

Church.

(30)

Education facility (college, university, grades 1—12 school, trade, business) public/private.

(31)

Hospital, skilled nursing, medical or dental clinic.

(32)

Community center (public).

(33)

Kindergarten or nursery school (private).

(34)

Bus station or other similar terminals.

(35)

Airport or landing field.

(36)

Vehicle sales (new or used), service, parts/accessory, repair, wash.

(37)

Offices (general business and professional), banks, real estate, optician.

(38)

Barber shop, hair salon, book shop, copy shop, computer store, laundry/cleaners, drug store, laundromat, photography studio, health studio.

(39)

Food or beverage store, restaurant (drive thru and non-drive thru), café, bakery.

(40)

Funeral home or mortuary.

(41)

Discount or department store, building material or hardware store, plant nursery, appliance store.

(42)

Mini-warehouse, storage (by CUP).

(43)

Alcoholic beverage establishment (by CUP).

(44)

Clothing or similar light manufacturing.

(45)

Motel/hotel.

(46)

Installation, maintenance, and repair service, (plumbing, electric, mechanical) appliances.

(47)

Any similar uses as determined by the Planning and Zoning Commission (pre approval required).

(F)

Development schedule and plans.

(1)

(G)

Annual development report.

(1)

(H)

Failure to meet development schedule.

(1)

(I)

Development plan required.

(1)

(J)

Requirements of development plan.

(1)

The development plan shall include:

(a)

(b)

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

(c)

(d)

(e)

A designation of the maximum building coverage of the site shall be indicated upon the site plan.

(f)

(g)

All aspects as prescribed in Sections 4.0(A) and (B).

(h)

(K)

Development conditions.

(1)

(2)

(3)

(4)

(5)

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.0. - Off-street parking and loading requirements.

(A)

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.01. - Residential districts; special off-street parking provisions.

(A)

Required off-street parking shall be provided on the same site as the use it is to serve.

(B)

(C)

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.02. - Nonresidential and multi-family districts excluding A-OS; special off-street parking provisions.

(A)

For safety and fire-fighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with Section 5.0.

(B)

Required off-street parking shall be provided on the same site as the use it is to serve.

(C)

(D)

(E)

(1)

Standard: Nine (9) feet by nineteen (19) feet.

(2)

Compact: Nine (9) feet by sixteen (16) feet; limited to a maximum of ten (10) percent of the required number of parking spaces; must be clearly designated with appropriate signage.

(3)

Parallel: Eight (8) feet by twenty-two (22) feet.

(F)

(G)

In all nonresidential and multifamily zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic.

(H)

(I)

Handicap parking space(s) shall be provided according to building codes.

(J)

(K)

(L)

Off-street stacking requirements for drive-through facilities:

(1)

(2)

(3)

(4)

For kiosks, a minimum of three (3) stacking spaces for each service window shall be provided.

(5)

(6)

(7)

(8)

For automobile quick-lube type facilities, a minimum of two (2) stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.03. - Off-street loading space—All districts except A-OS.

(A)

Total Square Feet of Gross	Minimum Required
Floor Area in Structure	Spaces or Berths
0 to 50,000 square feet	1
50,001 to 100,000 square feet	2
100,001 to 200,000 square feet	3
Each additional 100,000 square	1 additional

(B)

(1)

Screening shall be equivalent to a brick masonry wall six (6) feet in height.

(2)

(3)

Screening shall be provided for a linear distance equal to the length of the area where the loading docks are exposed to the public street.

(C)

(D)

(E)

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.04. - Parking access from a public street—All districts.

(A)

In the approval of a detailed site plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

(B)

(1)

(2)

The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

(C)

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas.

(D)

(E)

No required parking shall be permitted on grass, landscaped or other impervious surface.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.05. - Parking requirements based on authorized and approved use.

(A)

(1)

Assisted living facility: One and one-half (1½) spaces per unit.

(2)

(3)

Automobile sales or service: See motor-vehicle sales.

(4)

Bank, savings and loan, or similar institution: Five (5) spaces plus one (1) space per two hundred (200) square feet of gross floor area.

(5)

(6)

Bowling alley or center: Five (5) parking spaces for each alley or lane.

(7)

Bus or truck repair, storage area, or garage: Five (5) spaces plus one (1) space for each five hundred (500) square feet of floor area and repair garage.

(8)

Business or professional office (general): One (1) space per three hundred (300) square feet of gross floor area except as otherwise specified herein.

(9)

(10)

Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main auditorium/sanctuary.

(11)

Clinic; medical, dental: One (1) space for each one (1) examination room, plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000).

(12)

College or university: One (1) space per three (3) day students.

(13)

(14)

Commercial amusement (indoor): One (1) space per one hundred (100) square feet of gross floor area, or as follows:

(a)

Racquetball or handball courts: Three (3) spaces for each court.

(b)

Indoor tennis courts: Six (6) spaces for each court.

(c)

Gymnasium, skating rinks, and martial arts schools: One (1) space for each three (3) seats at a maximum seating capacity, plus one (1) space for each two hundred (200) square feet.

(d)

Swimming pool: One (1) space for each one hundred (100) square feet of gross water surface and deck area.

(e)

Weight lifting or exercise areas: One (1) space for each one hundred (100) square feet.

(f)

Bingo parlors: One (1) space for three (3) seats (design capacity) or one (1) per one hundred (100) square feet of total floor area, whichever is greater.

(g)

Indoor jogging or running tracks: One (1) space for each one hundred (100) linear feet.

(h)

(i)

Amusement center: One (1) space for each game table and one (1) space for each amusement device.

(j)

All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses.

(15)

Commercial amusement (outdoor): Ten (10) spaces plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet of building and recreational area.

(16)

Commercial use: One (1) space per two hundred fifty (250) square feet of floor area.

(17)

(18)

Dance hall, aerobics, assembly or exhibition hall without fixed seats: One (1) parking space for each one hundred (100) square feet of floor area thereof.

(19)

(20)

Elderly housing: One and one-half (1½) spaces per unit.

(21)

Flea market: One (1) space for each two hundred (200) square feet of floor or sales area. Dirt or gravel parking lots are not permitted.

(22)

(23)

(24)

(25)

Golf course: Four (4) parking spaces per hole or green plus requirements for retail, office, and club house areas and one (1) space per each two (2) employees.

(26)

Golf driving range: One and one-half (1½) spaces for each driving tee.

(27)

Health club, health spa or exercise club: One (1) space per one hundred (100) square feet of floor area.

(28)

Hospital: One (1) space for each one (1) bed or examination room, plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000).

(29)

(a)

One and one-tenth (1.1) spaces per room which contains kitchenette facilities, plus parking for restaurant and meeting areas per ratio stated in this paragraph.

(b)

Two (2) spaces per guest room provided with kitchen facilities plus parking for restaurant and meeting areas per the ratio stated in this paragraph.

(30)

Industrial (light) uses: One (1) space for each one thousand (1,000) square feet of floor area.

(31)

Institutions of a philanthropic nature: Ten (10) spaces plus one (1) space for each employee.

(32)

Library or museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet.

(33)

Lodge or fraternal organization: One (1) space per two hundred (200) square feet.

(34)

Lumber yard: One (1) space per four hundred (400) square feet display area, plus one (1) space per one thousand (1,000) square feet of warehouse or storage space.

(35)

Machinery or heavy equipment sales: One (1) space per five hundred (500) square feet of gross floor area.

(36)

Manufacturing, processing or repairing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

(37)

Medical or dental office: One (1) space per two hundred (200) square feet of floor area. Facilities over twenty thousand (20,000) square feet shall use the parking standards set forth for hospitals.

(38)

Mini-warehouse: Four (4) spaces per establishment plus one (1) additional space per ten thousand (10,000) square feet of storage area.

(39)

Manufactured/mobile home or manufactured/mobile home park: Two (2) spaces for each manufactured/mobile home plus additional spaces as required herein for accessory uses.

(40)

(41)

(42)

Nursing home, convalescent home, or home for the aged: One (1) space per two and one-half (2½) beds plus one (1) parking space for each two thousand (2,000) square feet of floor area.

(43)

Office (administrative or professional): One (1) space for each three hundred (300) square feet of floor area.

(44)

Outdoor display: One (1) space for each six hundred (600) square feet of open sales/display area.

(45)

Places of public assembly not listed: One (1) space for each three (3) seats provided.

(46)

Race track, horses or dogs: One (1) for each three (3) seats plus one (1) space for each employee. Stable areas shall provide storage areas for horse trailers.

(47)

Real estate office: One (1) space for each two hundred (200) square feet.

(48)

Retail or personal service establishment, except as otherwise specified herein: One (1) space per two hundred (200) square feet of gross floor area.

(49)

Retirement home: One and one-half (1½) space for each dwelling unit.

(50)

(51)

Rooming or boarding house: One and one-half (1½) parking space for each sleeping room.

(52)

Sanitarium or similar institution: One (1) parking space for each four (4) beds.

(53)

(54)

(55)

(56)

Storage or warehousing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

(57)

Telemarketing: One (1) space for each two hundred fifty (250) square feet of space.

(58)

Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium): One (1) parking space for each four (4) seats or bench seating spaces.

(59)

(60)

Veterinarian clinic: One (1) space per three hundred (300) square feet of gross floor space.

(61)

(62)

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.06. - Factures and procedures for computing number of parking spaces.

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

(A)

Floor area shall mean the gross floor area of the specific use.

(B)

Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.

(C)

(D)

(E)

(F)

(G)

Compact car spaces. In the authorized Districts, compact car parking spaces may be permitted when approved as part of a detailed site plan, providing one (1) of the following conditions apply:

(1)

Where it is necessary to preserve the natural landscape and native trees, a maximum of ten (10) percent of required parking may be designed for compact cars.

(2)

(3)

On parking lots larger than fifty (50) spaces involving a shopping center, a maximum of ten (10) percent of the required parking may be for compact cars.

(H)

(I)

The Planning Coordinator may approve a reduction in the number of parking spaces required if:

(1)

(2)

The non-occupancy areas do not constitute more than two (2) percent of the gross floor area; and

(3)

The parking ratio is not less than that of the most general use category appropriate to the structure (office general or retail general).

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.07. - Location of parking spaces.

All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

(A)

Reserved.

(B)

Reserved.

(C)

Reserved.

(D)

Reserved.

(E)

Reserved.

(F)

(G)

(1)

(a)

That a permanent easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use, or

(b)

That a long-term remote parking lease agreement be provided upon approval by the City as a condition of such use.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.08. - Use of required parking spaces, nonresidential districts.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.09. - Fire lanes.

Fire lanes shall be provided in all multifamily and nonresidential areas as required by the adopted Fire Code of the City.

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.0. - Conditional use permits CUP.

(A)

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.01. - Regulations.

[(A)]

(1)

The use is harmonious and compatible with surrounding existing uses or proposed uses;

(2)

The activities requested by the applicant are normally associated with the permitted uses in the base district;

(3)

The nature of the use is reasonable;

(4)

Any negative impact on the surrounding area has been mitigated;

(5)

That any additional conditions specified ensure that the intent of the district purposes are being upheld.

(B)

(C)

(D)

(E)

Minor changes or alterations may be approved by the Planning Coordinator.

(F)

(G)

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.02. - General description.

(A)

(1)

College, university or private boarding school.

(2)

Library, museum, or art gallery.

(3)

Golf course, driving range or putting course.

(4)

Radio, microwave relay tower or television tower.

(5)

Private above ground water storage tank.

(6)

Gas or petroleum drilling or storage.

(7)

Rock quarries; sand, gravel or earth excavation for off-site use.

(8)

(9)

Hospitals intended for the care of insane, liquor or narcotics patients. When located in the R-1, RLD, RMD or RHD District, the site shall contain not less than twenty (20) acres.

(10)

Manufactured home park in any districts.

(11)

Dry board storage.

(12)

Small animal kennels and veterinary hospitals.

(13)

Greenhouses and nurseries.

(14)

Private club, community or civic club.

(15)

Day nursery or child care center.

(16)

Kindergarten.

(17)

Home beauty shop.

(18)

Institutions of a religious, education, recreation or philanthropic nature which are not listed in other subsections of this section.

(19)

Sororities, fraternities and lodges.

(20)

Medical facility.

(21)

Off-street parking lot.

(22)

Bait sales.

(23)

Electric transmission station.

(24)

Roller skating rink.

(25)

Temporary structures for religious or public gatherings.

(26)

Carnivals or amusement parks.

(26)

Zoo.

(27)

Temporary produce stand.

(28)

Motor raceways.

(29)

Feed lot.

(30)

Athletic fields or stadiums.

(31)

Christmas tree sales.

(32)

Fireworks sales.

(33)

Sewage collection and/or treatment utility installation, public or private, not listed in other subsections of this section.

(34)

Animal pound.

(35)

Home tropical fish sales.

(36)

Establishment selling alcoholic beverages.

(37)

Bed and breakfast.

(38)

Boarding house.

(39)

Public stable.

(40)

Private stable.

(41)

Rooming house.

(42)

Tourist house.

(B)

Restricted uses.

(1)

A conditional use permit may be granted for the following uses in the I-Industrial District only:

(a)

Cement, lime or gypsum manufacture.

(b)

Natural gas, production and distribution.

(c)

Petroleum production and refining.

(d)

Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products.

(e)

Disposal plants of all types including trash and garbage, sewage treatment, including lagoons and compost plants.

(f)

(C)

Site plan.

(1)

(a)

Date, scale, north point, title, name or owner, and name of person preparing plan;

(b)

Location of existing boundary lines and dimensions of the tract;

(c)

Centerline of existing watercourses, drainage features, and location and size of existing and proposed streets and alleys;

(d)

Location and size to the nearest one-half (½) foot of all proposed buildings and land improvements;

(e)

Clear designation of areas reserved for off-street parking and for off-street loading; the location and size of points of ingress and egress; and the ratio of parking space to floor space.

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.03. - Prior CUP ordinances remaining in effect.

(Ord. No. 2013-O-04, 3-14-2013)

Section 7.0. - Nonconforming buildings, lands or use.

(A)

(1)

Nonconforming building(s) or structure(s) may be occupied as herein provided:

(a)

(b)

(c)

(d)

(e)

(2)

Nonconforming use of a building may be continued as hereinafter provided.

(a)

(b)

(c)

A nonconforming use of a building or structure may not be transferred to a new owner when a change of ownership occurs.

(3)

Nonconforming use of land existing at the time of the effective date of this ordinance may continue as hereinafter provided.

(a)

A nonconforming use of land shall not be extended or expanded.

(b)

(c)

(d)

A nonconforming use of land or parcel may not be transferred to a new owner when a change of ownership occurs.

(4)

(a)

The intent of the owner to discontinue the use is apparent; or

(b)

The characteristic equipment and furnishings of the nonconforming use have been removed from premises and have not been replaced by similar equipment by approved permit within six (6) months; or

(c)

A nonconforming building, structure, or land, or portion thereof, which is, or hereafter, becomes vacant and remains unoccupied for a period of six (6) months; or

(d)

A nonconforming use has been replaced by a conforming use.

(5)

Displacement: No nonconforming use shall displace a conforming use.

(6)

(7)

(B)

(Ord. No. 2013-O-04, 3-14-2013)

Luling City Zoning Code

ARTICLE II

- ESTABLISHMENT OF ZONING DISTRICTS

Section 3.0. - Number of districts.

For the purpose of this section the following districts are hereby established for the city:

(A)

(A-OS) Agricultural—Open Space District.

(B)

Residential Districts:

(1)

(R-1) Single-Family District.

(2)

(RLD) Single-Family and Duplex Dwelling District.

(3)

(RMD) Single-Family, Two-Family, and Multi-Family Dwelling District.

(4)

(RHD) Multiple-Family District.

(C)

(MH) Manufactured Home District.

(D)

Commercial Districts:

(1)

(C-1) Neighborhood Shopping District (Light).

(2)

(C-2) General Commercial District (Medium).

(3)

(C-3) Highway Commercial District (Heavy).

(E)

(D) Downtown District.

(F)

Industrial District:

(1)

(I)-General Industrial District.

(G)

(H) Historic Overlay District.

(H)

(P&I) Public and Institutional District.

(I)

(PD) Planned Development District.

Table 1
District	Min. Lot Size	Min. Lot Width	Min. Lot Depth	Min. Front Yard	Min. Rear Yard	Min. Side Yard	Max. Height of Bldg	Lot Coverage
A-OS	6,000 sq. ft. per D. U. 2 acres for Ag	60' for D. U.	100' for D. U.	25' for D. U. 150' for Ag Bldg	25' for D. U. 150' for Ag Bldg	10' for D. U.	35'	55%
R-1	6,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	25' for D. U.	6' for D. U.	2½ Stories or 35'	55%
RLD	6,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	25' for D. U.	6' for D. U.	2½ Stories or 35'	55%
RMD	3,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	15' per D. U.	10' for D. U.	5' for D. U.	2 Stories or 35'	55%
RHD	1,500 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	15' for D. U.	5' for D. U.	3½ Stories or 40'	See Section 3.05 F
MH	6,000 sq. ft. per D. U.	60' for D. U.	100' for D. U.	25' per D. U.	25' for D. U.	6' for D. U.	2½ Stories or 35'	40%
C-1	7,000 sq. ft.	60'	100'	25'	20'	See Section 3.07(E)(2)	2½ Stories or 30'	50%
C-2	By Approved Plan	60'	100'	25'	0'	0'	2½ Stories or 30'	50%
C-3	3,000 sq. ft.	30'	100'	50'	10'	25'	3½ Stories or 40'	50%
D	2,600 sq. ft.	20'	120'				3½ Stories or 35'	95%
I	1-acre	0'	0'	0'	See Section 3.11(D)(2)	0'	35'	50%
H	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve
P&I	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve	Reserve
PD	Approved Plan As Per Designated District Indicated Above

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.01. - (A-OS) Agricultural—Open Space District.

(A)

(B)

Use permitted. Property and buildings in an A-OS, Agricultural—Open Space District shall be used only for the following purposes:

(1)

Single-family detached residential dwelling.

(2)

Raising of and harvesting crop production.

(3)

Livestock production, excluding feedlots and/or more than one (1) animal facility exceeding one thousand (1,000) square feet of roofed area.

(a)

Any customary agricultural use, building, or structure, including plant nurseries, gardens, greenhouses, orchards, and truck farms.

(b)

Private noncommercial recreational areas including riding facilities and rodeos.

(c)

Barns, stables, and pens for livestock.

(d)

Dairies and related establishments for processing milk products, not including retailing.

(e)

Temporary fruit/vegetable stand on premises used for agricultural purposes.

(f)

Accessory structures and uses customarily incident to the above uses and located on the same lot therein, not involving the conduct of any business or commercial enterprise.

(4)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by Condition Use Permit.

(1)

Bed and breakfast.

(2)

Commercial communication tower.

(3)

Country club.

(4)

Such use as may be deemed permissible under Zoning [App. B], Section 6.0.

(D)

Height regulations. No building shall exceed thirty-five (35) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard setback line for Residential Dwelling shall be twenty-five (25) feet.

(b)

The minimum depth of the front yard setback line for Agricultural buildings (barns, animal pens, etc.) shall be one hundred fifty (150) feet.

(c)

When a yard has double frontage, the front yard setback requirements for Residential Dwelling shall be complied with on both streets.

(d)

No accessory building shall be allowed in the front yard.

(i)

Exception: Water well pumphouse.

(2)

Side yard.

(a)

The minimum depth of the side yard setback line for Residential Dwelling shall be ten (10) feet.

(b)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line for Residential Dwelling shall be twenty-five (25) feet.

(b)

(F)

Lot regulations.

(1)

Area. For each agricultural open space, and accessory thereto, there shall be a lot area of not less than two (2) acres

(2)

(3)

(G)

Coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(H)

Parking regulations.

(1)

(2)

(I)

Special provisions.

(1)

(2)

Permanent barriers shall be maintained for the tenure of occupancy.

(3)

(4)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance. TBC

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.02. - (R-1) Single-Family Residential Districts.

(A)

(B)

Uses permitted. Property and buildings in an R-1, Single-Family Dwelling District shall be used only for the following purposes:

(1)

Detached one-family dwelling.

(2)

Telephone exchanges.

(3)

(4)

Transportation and utility easement, alleys, and right-of-way.

(5)

(6)

Uses customarily incidental to any of the above uses when located upon the same lot and not involving the conduct of a business.

(7)

Fence—A fence, hedge, or enclosure wall provided:

(a)

No solid fence or enclosure shall exceed a height of six (6) feet, and no such six (6) foot fence or enclosure shall extend any closer than twenty-five (25) feet to any front yard lot line;

(b)

(c)

(d)

(e)

Sight triangle required.

(8)

(9)

A church bulletin board or sign not exceeding fifty (50) square feet in area, located on the same lot with the church building.

(10)

(11)

Temporary building of the construction industry which is incidental to the erection of buildings permitted in this district and which shall be removed when construction work is completed.

(12)

(13)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Exception:

(1)

(2)

Projections not used for occupancy. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard setback line shall be twenty-five (25) feet.

(b)

(c)

When a yard has double frontage, the front yard setback requirements shall be complied with on both streets.

(d)

No accessory building shall be allowed in the front yard including garage, carport, storage, etc.

(2)

Side yard.

(a)

(b)

(c)

(d)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line shall be twenty-five (25) feet.

(b)

(c)

(d)

Off-street parking space shall not occupy more than forty (40) percent of the rear yard area.

(E)

Lot regulations. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than six thousand (6,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

(2)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(I)

Advertising and signage.

(1)

(2)

Additional requirements under advertising. (See Advertising Ordinance, Section 6.4.013 A—E [subsections 6-53(a)—(e) in Code].)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.03. - (RLD) Single-Family and Duplex Dwelling District (low density).

(A)

(B)

Uses permitted. Property and buildings in an RLD, Single-Family and Duplex Dwelling District shall be used only for the following purposes:

(1)

Any use permitted in an R-1, Residential District.

(2)

Two-family dwellings.

(3)

Garage apartments.

(4)

Duplexes.

(5)

Boarding homes.

(6)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Exception:

(1)

(2)

Projections not used for occupancy. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard setback shall be twenty-five (25) feet.

(b)

(c)

When a yard has double frontage, the front yard setback requirements shall be complied with on both streets.

(d)

No accessory building or structure shall be allowed in the front yard.

(2)

Side yard.

(a)

For dwelling located on interior lots there shall be a side yard setback on each side of the main building of not less than six (6) feet for dwellings of one (1) story, and of not less than seven and one-half (7½) feet for dwellings more than one (1) story. (See exception [subsections] (C)(1) and (C)(2).)

(b)

(c)

(d)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line shall be twenty-five (25) feet.

(b)

There shall be a separation in rear yard for a main building to accessory buildings of not less than ten (10) feet.

(c)

(d)

Off-street parking space shall not occupy more than forty (40) percent of the rear yard area.

(E)

Lot regulations. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than six thousand (6,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

(a)

The following items are established as minimum criteria for development within this District:

(i)

Permanent six (6) foot privacy fences shall be erected along all property lines which abut a single-family residential lot line prior to the acceptance of subdivision improvements by the City.

(2)

(3)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.04. - (RMD) Single-Family, Two-Family, and Multi-Family Dwelling District (medium density).

(A)

(B)

Uses permitted. Property and buildings in an RMD Single-Family, Two-Family, and Multi-Family dwelling district shall be used only for the following purposes:

(1)

Any use permitted in an RLD, Single-Family and Duplex Dwelling Residential District.

(2)

Multifamily complex consisting of three (3) to fifteen (15) dwelling units per acre.

(3)

Manufactured Home Park (subject to Chapter 66 of this Code).

(4)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations.

(1)

No building shall exceed two (2) standard stories or thirty-five (35) feet in height.

Exception:

(a)

(b)

Projections not used for occupancy. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

The minimum depth of the front yard shall be fifteen (15) feet.

(b)

(c)

When a yard has double frontage the front yard requirements shall be complied with on both streets.

(2)

Side yard.

(a)

(b)

(c)

(3)

Rear yard.

(a)

There shall be a rear yard for a main building of not less than ten (10) feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

(E)

Lot regulations. Manufactured home park lots are subject to Chapter 66 of this Code. TBC.

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than three thousand (3,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

(2)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings containing residential units shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(5)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.05. - (RHD) Multi-Family Dwelling District (high density).

(A)

(B)

Uses permitted.

(1)

Any use permitted in the RMD, Residential District, except mobile homes, located on owner occupied lots.

(2)

Multiple-family dwellings and apartments consisting of more than fifteen (15) with a maximum of thirty (30) dwelling units per acre.

(3)

Garden home.

(4)

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(5)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No buildings shall exceed three and one-half (3½) stories or forty (40) feet in height.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

All buildings shall be set back from street right-of-way lines or lot lines to comply with following yard requirements:

(1)

Front yard.

(a)

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

(b)

Where lots have double frontage running through from one (1) street to another, the required front yard shall be provided on both streets.

(2)

Side yard.

(a)

(b)

(c)

(3)

Rear yard.

(a)

There shall be a rear yard for a main building of not less than fifteen (15) feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

(E)

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than one thousand five hundred (1,500) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

A lot on which there is erected or converted a multiple-family dwelling shall contain a total lot area according to the following schedule:

(a)

Each efficiency unit—One thousand (1,000) square feet.

(b)

Each one-bedroom unit—One thousand four hundred (1,400) square feet.

(c)

Each two-bedroom unit—Two thousand three hundred (2,300) square feet.

(d)

More than two-bedroom unit—Two thousand three hundred (2,300) square feet plus two hundred (200) square feet for each bedroom over two (2).

(2)

Any room other than a living room, bathroom, dining room, laundry/utility room and kitchen shall be counted as a bedroom.

(3)

Livability open space—No less than thirty (30) percent of the total gross land area shall be used for people, planting, and visual appeal. This includes patios, decks, and balconies.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions.

(1)

(2)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings containing residential units shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(5)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.06. - (MH) Manufactured Home Dwelling District.

(A)

(B)

Uses permitted.

(1)

Single-family manufactured home less than eight (8) years old at time of permit application.

(2)

Single-family dwellings.

(3)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed two (2) stories or thirty-five (35) feet in height.

Manufactured homes shall not be allowed to exceed original designed height.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

All buildings shall be set back from street right-of-way lines or lot lines to comply with following yard requirements:

(1)

Front yard.

(a)

The minimum depth of the front yard setback shall be twenty-five (25) feet.

(b)

(c)

When a yard has double frontage, the front yard setback requirements shall be complied with on both streets.

(d)

No accessory building or structure shall be allowed in the front yard.

(2)

Side yard.

(a)

For dwelling located on interior lots there shall be a side yard setback on each side of the main building of not less than six (6) feet for dwellings of one (1) story, and of not less than seven and one-half (7½) feet for dwellings more than one (1) story. (See exception [subsections] (C)(1) and (C)(2).

(b)

(c)

For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet from roof overhang to side lot line. For accessory buildings over one (1) story the side setback shall be increased one (1) foot additional horizontally for each two (2) feet vertical over ten feet in height.

(d)

(3)

Rear yard.

(a)

The minimum depth of the rear yard setback line shall be twenty-five (25) feet.

(E)

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than six thousand (6,000) square feet.

(2)

(3)

(F)

Lot coverage.

(1)

Main building, accessory buildings, and all impervious surface areas shall not cover more than fifty-five (55) percent of lot area.

(G)

(1)

(2)

A minimum of two (2) off-street parking spaces shall be provided for each separate dwelling.

(3)

(4)

(5)

Off-street parking for all other occupancies or activities see Section 5.0.

(H)

Special provisions. All sites for manufactured homes approved through a Manufactured Home District must satisfy the following requirements:

(1)

All manufactured home dwelling units shall be HUD-code manufactured home units.

(2)

All foundations shall be engineered in accordance to current Building Code and approved by the building official.

(3)

(4)

Skirting:

(a)

(b)

All required skirting shall be of a texture and color similar to the materials used in the construction of the manufactured home unit.

(5)

The main roof shall be pitched, rather than flat.

(6)

The manufactured home must be sited with its longest dimension parallel to the street.

(7)

The exterior finish shall be compatible with single-family dwellings located within five hundred (500) feet of the lot on which the manufactured home is proposed to be located.

(8)

The hitch and axles must be removed and not be visible on lot.

(9)

(10)

All buildings containing residential units shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(11)

Recreational vehicles, travel trailers or motor homes shall not be used for on-site dwelling purposes except for designated areas in a manufactured home park.

(12)

Drainage shall comply as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(13)

A perimeter barrier of approved material shall be installed around the manufactured home district.

(I)

Advertising and signage.

(1)

Authorized on-premise signs allowed include a non-illuminated name plate, not exceeding two (2) square feet in area containing the name and if applicable, permitted home occupation (see Zoning, Conditional Use Permit, Section 6) of the occupant of the premises.

(2)

Additional requirements under Advertising. (See Advertising Ordinance, Section 6.4.013 A—E.)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.07. - (C-1) Neighborhood Shopping District.

(A)

(B)

Uses permitted. Property and building in a C-1, Neighborhood Shopping District shall be used only for the following purposes:

(1)

Any use permitted in an A-Multiple-Family District.

(2)

(a)

Antique shop.

(b)

Appliance shop.

(c)

Artists materials, supply studio.

(d)

Automobile parking lot.

(e)

Baby shop.

(f)

Bakery goods store.

(g)

Bank.

(h)

Barber shop.

(i)

Beauty shop.

(j)

Book or stationery store.

(k)

Camera shop.

(l)

Candy store.

(m)

Catering establishment.

(n)

Cleaning, pressing, laundry collection agency.

(o)

Curio or gift shop.

(p)

Drug store or fountain.

(q)

Dental clinic.

(r)

Dry goods store.

(s)

Dairy products or ice cream store.

(t)

Delicatessen.

(u)

Dress shop.

(v)

Florist shop, greenhouse, nursery.

(w)

Grocery store (not supermarket).

(x)

Jewelry or notion store.

(y)

Lodge hall.

(z)

Meat market.

(aa)

Messenger or telegraph service.

(bb)

Musical instrument sales.

(cc)

Newspaper or magazine sales.

(dd)

Office business.

(ee)

Optometrists sales and service.

(ff)

Photographer studio.

(gg)

Pharmacy.

(hh)

Radio and television sales and service.

(ii)

Restaurant, café.

(jj)

Self-service laundry or dry cleaning.

(kk)

Sewing machine sales, instruction.

(ll)

Sporting goods sales.

(mm)

Shoe repair shop.

(nn)

Tailor shop.

(oo)

Toy store.

(pp)

Variety store.

(qq)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(3)

Nameplate and sign relating to the use of the store and premises or to products sold on the premises, not to exceed forty (40) percent of the face of the building.

(4)

(C)

Use permitted by condition use permit.

(1)

Sale of alcoholic beverages for off-premises consumption.

(2)

Off-premise advertising signs (billboards).

(D)

Height regulations.

(1)

No building shall exceed two and one-half (2½) stories or thirty (30) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

The following requirements shall apply to all uses permitted in this district:

(1)

Front yard.

(a)

All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.

(2)

Side yard.

(a)

On the side of a lot adjoining a residential district there shall be a side yard of not less than twenty-five (25) feet.

(b)

There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(c)

Minimum-interior—There shall be a side yard setback of not less ten (10) feet.

(d)

Minimum-exterior—There shall be a side yard setback of not less twenty-five (25) feet.

(3)

Rear yard.

(a)

The rear of a lot adjoining a residential district there shall be a rear yard of not less than twenty-five (25) feet, same as the requirements for a side yard.

(b)

Minimum rear yard shall be twenty (20) feet.

(F)

(1)

Area. For each dwelling, building and building accessory thereto, there shall be lot area of not less than seven thousand (7,000) square feet.

(2)

(3)

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

A corner lot shall have a minimum depth of not less than one hundred (100) feet both direction of frontage.

(G)

Lot coverage.

(1)

(H)

Off-street parking and loading regulations.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(I)

Special provisions.

(1)

(2)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.08. - (C-2) General Commercial District.

(A)

(B)

Uses permitted. Property and buildings in a C-2, General Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-1, Neighborhood Shopping District.

(2)

Amusement enterprises.

(3)

Advertising signs or structures (on-premises only).

(4)

Ambulance service, office or garage.

(5)

Automobile retail gasoline service station.

(6)

Bakery.

(7)

Bath house.

(8)

Boat sales.

(9)

Billiard hall.

(10)

Cleaning plant, commercial laundry or dry cleaning.

(11)

Clothing or apparel store.

(12)

Commercial school or hall.

(13)

Department store, sporting goods store, toy store.

(14)

Feed and fuel store.

(15)

Furniture repair and upholstery.

(16)

Golf course, miniature or practice range.

(17)

Heating, ventilating or plumbing supplies, sales and service.

(18)

Ice storage locker plant, frozen food locker or storage house for food.

(19)

Interior decorating store.

(20)

Key shop.

(21)

Laboratories, testing, research, and experimental.

(22)

Laundry.

(23)

Leather goods shop.

(24)

Novelty club or shop.

(25)

Nursery or garden supply store.

(26)

Pawn shop.

(27)

Pet shop.

(28)

Printing plant.

(29)

Sign painting shop.

(30)

Stock and bond broker.

(31)

Storage warehouse.

(32)

Telephone exchange.

(33)

Theaters.

(34)

Travel store.

(35)

Travel trailer park.

(36)

Used automobile sales.

(37)

Wholesale distributing center.

(38)

(39)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, or traffic than those listed above.

(40)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by condition use permit.

(1)

Sale of alcoholic beverages for off-premises consumption.

(2)

Off-premise advertising signs (billboards).

(3)

Hotel, motel.

(4)

Funeral homes and mortuaries, except crematoria cannot be adjacent to any Residential and Commercial districts.

(D)

Height regulations.

(1)

No building shall exceed two and one-half (2½) stories or thirty (30) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

Reserved.

(b)

Reserved.

(c)

All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.

(2)

Side yard.

(a)

(3)

Rear yard.

(a)

The rear of a lot adjoining a residential district there shall be a rear yard of not less than twenty-five (25) feet, same as the requirements for a side yard.

(F)

(1)

Area. For each dwelling, and building accessory thereto, there shall be lot area of not less than one thousand five hundred (1,500) square feet.

(2)

(3)

(G)

Lot coverage.

(1)

(H)

Off-street parking and loading regulations.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(I)

Special provisions.

(1)

(2)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(3)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(5)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.09. - (C-3) Highway Commercial District.

(A)

(B)

Uses permitted. Property and buildings in a C-3, Highway Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-2, General Commercial District.

(2)

Boat sales and service.

(3)

Farm implement and machinery, new and used, sales.

(4)

Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales.

(5)

Mobile home and travel trailer sales.

(6)

Monument sales.

(7)

New and used automobile sales and service.

(8)

Prefabricated house sales.

(9)

Trailers for hauling, rental and sales.

(10)

Drive-in theater.

(11)

Restaurant.

(12)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by condition use permit.

(1)

Sale of alcoholic beverages for off-premises consumption.

(2)

Off-premise advertising signs (billboards).

(3)

Hotel, motel.

(D)

Height regulations.

(1)

No building shall exceed three and one-half (3½) stories or forty (40) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

All buildings shall be setback from the street right-of-way line to provide a front yard having not less than fifty (50) feet in depth.

(2)

Side yard.

(a)

On the side of a lot there shall be a side yard of not less than ten (10) feet. There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(3)

Rear yard.

(a)

On the rear yard of a lot there shall be a rear yard of not less than twenty-five (25) feet. There shall be a side yard setback from an intersecting street of not less than twenty-five (25) feet.

(F)

(1)

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

(2)

Minimum lot width: Thirty (30) feet.

(3)

Minimum lot depth: One hundred (100) feet.

(G)

Lot coverage.

(1)

(H)

Off-street parking and loading regulations.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(3)

(I)

Special provisions.

(1)

(2)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(3)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.10. - (D) Downtown District.

(A)

(B)

Uses permitted. Property and buildings in the downtown district shall be used only for the following purposes:

(1)

Bed and breakfast facility.

(2)

Boarding house.

(3)

Single-family dwelling, attached.

(4)

Child care center.

(5)

Theater.

(6)

Art gallery.

(7)

Fraternal organization, lodge.

(8)

Bank, financial institution.

(9)

Auto parts and accessories (indoor).

(10)

Accounting.

(11)

Engineering, architect.

(12)

Dental clinic.

(13)

Office, general.

(14)

Optician or optometrist.

(15)

Real estate office.

(16)

Drug store.

(17)

Beauty/barber shop, salon.

(18)

Antique shop.

(19)

Appliance store.

(20)

Book store.

(21)

Dry cleaner/laundry (pick-up only).

(22)

Computer sales/service.

(23)

Copy shop.

(24)

Department store.

(25)

Floral shop.

(26)

Restaurant, food and beverage sales store (not drive-thru).

(27)

Furniture store.

(28)

Hobby shop.

(29)

Retail shop.

(30)

Silk screening studio.

(31)

Newspaper printing.

(32)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Use permitted by condition use permit.

(1)

Alcoholic beverage establishments.

(2)

Restaurant with alcoholic beverage sales.

(D)

Height regulations.

(1)

No building shall exceed three and one-half (3½) stories or thirty-five (35) feet in height.

(E)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

[(1)

Reserved.]

(2)

The area regulations for residential dwellings shall be the same as the requirements of the RMD district.

(3)

There are no specific front, side, or rear yard requirements for uses in this district.

(a)

All buildings should set back a distance of not less than twenty-five (25) feet from the lot line that adjoins a residential district.

(4)

The area regulations for nonresidential is the limits of the legal lot lines.

(5)

(F)

Lot regulations.

(1)

Minimum lot area: Twenty-six hundred (2,600) square feet

(2)

Minimum lot width: Twenty (20) feet.

(3)

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

(G)

Lot coverage. For each main building and secondary building including impervious surfaces of the lot should not exceed ninety-five (95) percent.

(H)

Parking regulations.

(a)

There are no specific off-street parking requirements for this district.

(b)

If off-street parking is voluntarily provided it shall meet the off-street parking requirements set forth in Section 5.0.

(I)

Special provisions:.

(1)

(2)

All buildings shall provide signage, visible from the entrances, identifying the address numbers of the building.

(3)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.11. - (I) General Industrial District.

(A)

(B)

Uses permitted. Property and buildings in an I, General Industrial District shall be used only for the following purposes:

(1)

Any use, except a residential use, permitted in a C-2, General Commercial District. No residential dwelling on the premises shall be permitted.

(2)

Bakery.

(3)

Bottling works.

(4)

Book bindery.

(5)

Candy manufacturing.

(6)

Engraving plant.

(7)

Electronic equipment assembly and manufacturing.

(8)

Food products processing and packing.

(9)

Furniture manufacturing.

(10)

Instrument and meter manufacturing.

(11)

Jewelry and watch manufacturing.

(12)

Laundry and cleaning establishment.

(13)

Leather goods fabrication.

(14)

Optical goods manufacturing.

(15)

Paper products manufacturing wholesale or warehousing enterprise.

(16)

Building material sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business.

(17)

Contractor's equipment storage yard or plant, or rental equipment commonly used by contractors.

(18)

Freighting or trucking yard or terminal.

(19)

Oil field equipment storage yard.

(20)

The following uses when conducted within a completely enclosed building:

(a)

(b)

(c)

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas;

(d)

(e)

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps;

(f)

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing;

(g)

Machine shop;

(h)

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors;

(i)

Assembly of electrical appliances, electronic instruments and devices, including the manufacturing of small parts only, such as coils, condensers, transformers, crystal holders, and the like;

(j)

Buildings, structures, and uses accessory and customarily incidental to any of the above uses.

(21)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations. No building shall exceed thirty-five (35) feet in height.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Front yard.

(a)

There is no specific front yard requirements for uses in this district.

(b)

All buildings shall set back a distance of not less than twenty-five (25) feet from the front lot line that adjoins a residential district.

(2)

Side yard.

(a)

There is no specific side yard requirements for uses in this district.

(b)

All buildings shall set back a distance of not less than twenty-five (25) feet from the side lot line that adjoins a residential district.

(3)

(E)

Lot regulations.

(1)

Minimum lot area: One (1) acre.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(F)

Lot coverage.

(1)

(G)

Parking regulation.

(1)

Off-street parking for all occupancies or activities shall comply with Section 5.0.

(2)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in this section.

(3)

(H)

Special provisions.

(1)

(2)

Drainage shall be addresses as per City of Luling, Code of Ordinance, Subdivision—Drainage Ordinance.

(3)

All buildings shall provide signage, visible from the entrances, identifying the unit numbers within the building.

(4)

An approved perimeter barrier shall be installed along any adjacent residential district.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.12. - (H) Historic Overlay District.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.13. - (P&I) Public and Institutional District.

(A)

(B)

Property and buildings in a P&I, Public and Institutional District shall be used only for the following purposes:

(1)

Any municipal, county, state or federal facility.

(2)

Any public utility or other quasi-governmental facility.

(3)

Public parks, playgrounds and neighborhood recreational center.

(4)

Library.

(5)

(6)

Telephone exchange.

(7)

Water tower.

(8)

Water supply reservoirs and/or pumping plants.

(9)

Such uses as may be permitted and recommended by Planning and Zoning Commission and approved by City Council.

(C)

Height regulations.

(1)

Reserved.

(D)

Yard regulations. All setback lines are measured from property lines only. Sight triangle required.

(1)

Reserved.

(E)

Lot regulations.

(1)

Reserved.

(F)

Parking regulations.

(1)

Reserved.

(G)

Special provisions.

(1)

Reserved.

(H)

Conditional use permit.

(1)

Churches, parish houses, and other religious facilities but, not including revival tents or arbors.

(2)

Medical service facilities.

(3)

Charitable institutions not containing transient facilities.

(4)

Public school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

(5)

College.

(6)

(7)

Public transportation facilities and associated commercial activities.

(8)

Electronic transmission and/or reception facilities, except broadcast studios.

(9)

Cemeteries.

(10)

Community meeting and/or recreation facilities.

(11)

Group homes.

(12)

Public or private school or other educational institution.

(13)

Detention facilities and/or treatment facilities for addiction.

(14)

Wireless communication facility.

(15)

Country club.

(16)

Campgrounds, outdoor recreation areas, and commercial amusements primarily requiring open areas.

(17)

Recreational vehicle park.

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.14.01. - Sign type standards.

(A)

(1)

(2)

(B)

(1)

(2)

(3)

(4)

(5)

(C)

(D)

(E)

(F)

(G)

(1)

(2)

(Ord. No. 2013-O-04, 3-14-2013; Ord. No. 2017-O-01, § II, 1-12-2017)

Section 3.14.02. - Sign measurements.

(A)

The face of a sign is any portion or facet capable of displaying a message whether by letters, numbers, or symbols.

(B)

(C)

(D)

(E)

(Ord. No. 2013-O-04, 3-14-2013)

Section 3.14.03. - Sign zoning standards.

Signs shall comply with the limits provided in the table below according to the zoning district where each sign is located and all requirements of City of Luling, Code of Ordinance Section 6.0.

Table 2
ZONING DISTRICT(S)	SIGN TYPE		ATTACHED SIGNS	FREESTANDING SIGNS
Listed	Allowed (by right by building permit)	Permitted (requires conditional use permit)	Maximum aggregate sign area of all signs per building or building occupancy as a percent of the building façade area (sq. ft.)	Maximum sign area per tract. * One sign structure is allowed per street frontage.
A-OS	WS, MS, LP, MP	Reserve	15 percent	250 sq. ft.
R-1	WS, MS, LP	Reserve	2 sq. ft. only	2 sq. ft.
RLD	WS, MS, LP	Over minimum size allowed	2 sq. ft	2 sq. ft.
RMD	WS, MS, LP	Over minimum size allowed	16 sq. ft	2 sq. ft.
RHD	WS, MS, LP, MP	Over minimum size allowed	16 sq. ft	2 sq. ft.
MH	WS, LP	Over minimum size allowed	16 sq. ft	16 sq. ft
C-1	WS, LP, MP	Reserve	15 percent	100 sq. ft. single side or 200 sq. ft. double sided
C-2	WS, LP, MP	Reserve	15 percent	125 sq. ft. single side or 250 sq. ft. double sided
C-3	WS, MS, LP, MP, HP	Reserve	15 percent	175 sq. ft. single side or 350 sq. ft. double sided
C-3	IHHP1	Reserve	15 percent	2,500 sq. ft. single side or 5,000 sq. ft. double sided
C-3	IHMP2	Reserved	15 percent	250 sq. ft single side or 500 sq. ft. double sided
D	WS, MS, LP	Reserve	20 percent	As allowed by setback. 32 sq. ft. single side or 64 sq. ft. double sided
I	WS, MS, LP, MP, HP	Reserve	15 percent	125 sq. ft. single side or 250 sq. ft. double sided
H	Reserve	Reserve	Reserve	Reserve
P&I	WS, MS, LP, MP	Reserve	10 percent	32 sq. ft. single side or 64 sq. ft. double sided
PD	As per specific zoning district as assigned		As per specific zoning as assigned	As per specific zoning as assigned

* Unless identified in breakdown.

(Ord. No. 2013-O-04, 3-14-2013; Ord. No. 2017-O-01, § III, 1-12-2017)

Section 4.0. - (PD) Planned Development District.

(A)

General description.

(1)

(B)

Planned development prerequisite standards.

(1)

(2)

(3)

(4)

In return for this greater flexibility in the use of land within a PD District, the PD proposal must also include provisions for public space in the form of parks, trails, or other public amenities.

(5)

(C)

(1)

(a)

(b)

(2)

The detailed site plan shall include:

(a)

(b)

(c)

(d)

A landscape plan showing turf areas, screening walls, ornamental planting, wooded areas and trees to be planted.

(e)

(f)

(D)

(1)

(a)

The applicant submits adequate data with the request for the Planned Development District to fulfill the requirement for a detailed site plan; or

(b)

Information on the concept plan and attached application is sufficient to determine the appropriate use of the land and the development plan will not deviate substantially from it.

(2)

If the above two (2) conditions are not met, then another public hearing must be held by the Planning and Zoning Commission and City Council prior to approval of the detailed site plan.

(3)

The ordinance establishing the Planned Development District shall not be approved until the conceptual and/or detailed site plan is approved.

(a)

(b)

(4)

Although a public hearing may not be required for the detailed site plan, approval by the Planning and Zoning Commission and City Council is still required.

(5)

(6)

(E)

Uses permitted.

(1)

Bed and breakfast inn or facility.

(2)

Boarding house.

(3)

Community home (per state statute).

(4)

Congregated housing, units, apartments for elderly/senior citizens.

(5)

Assisted living facility.

(6)

Manufactured home/mobile home district.

(7)

Manufactured home park.

(8)

Multifamily dwelling (apartments).

(9)

Multifamily dwelling (quadraplex, duplex).

(10)

Multifamily dwelling (garden home, town home).

(11)

Single-family dwelling (attached and detached).

(12)

Accessory building (as approved).

(13)

Caretaker's or guard's residence.

(14)

Garage/accessory building.

(15)

Off-street parking (incidental to main use).

(16)

Swimming pool (public/private).

(17)

Temporary field office or construction yard (subject to permit issued by Building Official).

(18)

Municipal building or facilities.

(19)

Public health/protection facilities.

(20)

Public buildings with shops or yards (local, state or federal agency).

(21)

Utility services (electric sub-substation, sewer lift station, water tower, telephone exchange).

(22)

Amusement, commercial (indoor, outdoor).

(23)

Arcade.

(24)

Park or playground.

(25)

Child care center.

(26)

Theater.

(27)

Recreation vehicle park and storage.

(28)

Museum.

(29)

Church.

(30)

Education facility (college, university, grades 1—12 school, trade, business) public/private.

(31)

Hospital, skilled nursing, medical or dental clinic.

(32)

Community center (public).

(33)

Kindergarten or nursery school (private).

(34)

Bus station or other similar terminals.

(35)

Airport or landing field.

(36)

Vehicle sales (new or used), service, parts/accessory, repair, wash.

(37)

Offices (general business and professional), banks, real estate, optician.

(38)

Barber shop, hair salon, book shop, copy shop, computer store, laundry/cleaners, drug store, laundromat, photography studio, health studio.

(39)

Food or beverage store, restaurant (drive thru and non-drive thru), café, bakery.

(40)

Funeral home or mortuary.

(41)

Discount or department store, building material or hardware store, plant nursery, appliance store.

(42)

Mini-warehouse, storage (by CUP).

(43)

Alcoholic beverage establishment (by CUP).

(44)

Clothing or similar light manufacturing.

(45)

Motel/hotel.

(46)

Installation, maintenance, and repair service, (plumbing, electric, mechanical) appliances.

(47)

Any similar uses as determined by the Planning and Zoning Commission (pre approval required).

(F)

Development schedule and plans.

(1)

(G)

Annual development report.

(1)

(H)

Failure to meet development schedule.

(1)

(I)

Development plan required.

(1)

(J)

Requirements of development plan.

(1)

The development plan shall include:

(a)

(b)

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

(c)

(d)

(e)

A designation of the maximum building coverage of the site shall be indicated upon the site plan.

(f)

(g)

All aspects as prescribed in Sections 4.0(A) and (B).

(h)

(K)

Development conditions.

(1)

(2)

(3)

(4)

(5)

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.0. - Off-street parking and loading requirements.

(A)

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.01. - Residential districts; special off-street parking provisions.

(A)

Required off-street parking shall be provided on the same site as the use it is to serve.

(B)

(C)

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.02. - Nonresidential and multi-family districts excluding A-OS; special off-street parking provisions.

(A)

For safety and fire-fighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with Section 5.0.

(B)

Required off-street parking shall be provided on the same site as the use it is to serve.

(C)

(D)

(E)

(1)

Standard: Nine (9) feet by nineteen (19) feet.

(2)

Compact: Nine (9) feet by sixteen (16) feet; limited to a maximum of ten (10) percent of the required number of parking spaces; must be clearly designated with appropriate signage.

(3)

Parallel: Eight (8) feet by twenty-two (22) feet.

(F)

(G)

In all nonresidential and multifamily zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic.

(H)

(I)

Handicap parking space(s) shall be provided according to building codes.

(J)

(K)

(L)

Off-street stacking requirements for drive-through facilities:

(1)

(2)

(3)

(4)

For kiosks, a minimum of three (3) stacking spaces for each service window shall be provided.

(5)

(6)

(7)

(8)

For automobile quick-lube type facilities, a minimum of two (2) stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.03. - Off-street loading space—All districts except A-OS.

(A)

Total Square Feet of Gross	Minimum Required
Floor Area in Structure	Spaces or Berths
0 to 50,000 square feet	1
50,001 to 100,000 square feet	2
100,001 to 200,000 square feet	3
Each additional 100,000 square	1 additional

(B)

(1)

Screening shall be equivalent to a brick masonry wall six (6) feet in height.

(2)

(3)

Screening shall be provided for a linear distance equal to the length of the area where the loading docks are exposed to the public street.

(C)

(D)

(E)

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.04. - Parking access from a public street—All districts.

(A)

In the approval of a detailed site plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

(B)

(1)

(2)

The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

(C)

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas.

(D)

(E)

No required parking shall be permitted on grass, landscaped or other impervious surface.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.05. - Parking requirements based on authorized and approved use.

(A)

(1)

Assisted living facility: One and one-half (1½) spaces per unit.

(2)

(3)

Automobile sales or service: See motor-vehicle sales.

(4)

Bank, savings and loan, or similar institution: Five (5) spaces plus one (1) space per two hundred (200) square feet of gross floor area.

(5)

(6)

Bowling alley or center: Five (5) parking spaces for each alley or lane.

(7)

Bus or truck repair, storage area, or garage: Five (5) spaces plus one (1) space for each five hundred (500) square feet of floor area and repair garage.

(8)

Business or professional office (general): One (1) space per three hundred (300) square feet of gross floor area except as otherwise specified herein.

(9)

(10)

Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main auditorium/sanctuary.

(11)

Clinic; medical, dental: One (1) space for each one (1) examination room, plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000).

(12)

College or university: One (1) space per three (3) day students.

(13)

(14)

Commercial amusement (indoor): One (1) space per one hundred (100) square feet of gross floor area, or as follows:

(a)

Racquetball or handball courts: Three (3) spaces for each court.

(b)

Indoor tennis courts: Six (6) spaces for each court.

(c)

Gymnasium, skating rinks, and martial arts schools: One (1) space for each three (3) seats at a maximum seating capacity, plus one (1) space for each two hundred (200) square feet.

(d)

Swimming pool: One (1) space for each one hundred (100) square feet of gross water surface and deck area.

(e)

Weight lifting or exercise areas: One (1) space for each one hundred (100) square feet.

(f)

Bingo parlors: One (1) space for three (3) seats (design capacity) or one (1) per one hundred (100) square feet of total floor area, whichever is greater.

(g)

Indoor jogging or running tracks: One (1) space for each one hundred (100) linear feet.

(h)

(i)

Amusement center: One (1) space for each game table and one (1) space for each amusement device.

(j)

All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses.

(15)

Commercial amusement (outdoor): Ten (10) spaces plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet of building and recreational area.

(16)

Commercial use: One (1) space per two hundred fifty (250) square feet of floor area.

(17)

(18)

Dance hall, aerobics, assembly or exhibition hall without fixed seats: One (1) parking space for each one hundred (100) square feet of floor area thereof.

(19)

(20)

Elderly housing: One and one-half (1½) spaces per unit.

(21)

Flea market: One (1) space for each two hundred (200) square feet of floor or sales area. Dirt or gravel parking lots are not permitted.

(22)

(23)

(24)

(25)

Golf course: Four (4) parking spaces per hole or green plus requirements for retail, office, and club house areas and one (1) space per each two (2) employees.

(26)

Golf driving range: One and one-half (1½) spaces for each driving tee.

(27)

Health club, health spa or exercise club: One (1) space per one hundred (100) square feet of floor area.

(28)

Hospital: One (1) space for each one (1) bed or examination room, plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000).

(29)

(a)

One and one-tenth (1.1) spaces per room which contains kitchenette facilities, plus parking for restaurant and meeting areas per ratio stated in this paragraph.

(b)

Two (2) spaces per guest room provided with kitchen facilities plus parking for restaurant and meeting areas per the ratio stated in this paragraph.

(30)

Industrial (light) uses: One (1) space for each one thousand (1,000) square feet of floor area.

(31)

Institutions of a philanthropic nature: Ten (10) spaces plus one (1) space for each employee.

(32)

Library or museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet.

(33)

Lodge or fraternal organization: One (1) space per two hundred (200) square feet.

(34)

Lumber yard: One (1) space per four hundred (400) square feet display area, plus one (1) space per one thousand (1,000) square feet of warehouse or storage space.

(35)

Machinery or heavy equipment sales: One (1) space per five hundred (500) square feet of gross floor area.

(36)

Manufacturing, processing or repairing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

(37)

Medical or dental office: One (1) space per two hundred (200) square feet of floor area. Facilities over twenty thousand (20,000) square feet shall use the parking standards set forth for hospitals.

(38)

Mini-warehouse: Four (4) spaces per establishment plus one (1) additional space per ten thousand (10,000) square feet of storage area.

(39)

Manufactured/mobile home or manufactured/mobile home park: Two (2) spaces for each manufactured/mobile home plus additional spaces as required herein for accessory uses.

(40)

(41)

(42)

Nursing home, convalescent home, or home for the aged: One (1) space per two and one-half (2½) beds plus one (1) parking space for each two thousand (2,000) square feet of floor area.

(43)

Office (administrative or professional): One (1) space for each three hundred (300) square feet of floor area.

(44)

Outdoor display: One (1) space for each six hundred (600) square feet of open sales/display area.

(45)

Places of public assembly not listed: One (1) space for each three (3) seats provided.

(46)

Race track, horses or dogs: One (1) for each three (3) seats plus one (1) space for each employee. Stable areas shall provide storage areas for horse trailers.

(47)

Real estate office: One (1) space for each two hundred (200) square feet.

(48)

Retail or personal service establishment, except as otherwise specified herein: One (1) space per two hundred (200) square feet of gross floor area.

(49)

Retirement home: One and one-half (1½) space for each dwelling unit.

(50)

(51)

Rooming or boarding house: One and one-half (1½) parking space for each sleeping room.

(52)

Sanitarium or similar institution: One (1) parking space for each four (4) beds.

(53)

(54)

(55)

(56)

Storage or warehousing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

(57)

Telemarketing: One (1) space for each two hundred fifty (250) square feet of space.

(58)

Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium): One (1) parking space for each four (4) seats or bench seating spaces.

(59)

(60)

Veterinarian clinic: One (1) space per three hundred (300) square feet of gross floor space.

(61)

(62)

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.06. - Factures and procedures for computing number of parking spaces.

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

(A)

Floor area shall mean the gross floor area of the specific use.

(B)

Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.

(C)

(D)

(E)

(F)

(G)

Compact car spaces. In the authorized Districts, compact car parking spaces may be permitted when approved as part of a detailed site plan, providing one (1) of the following conditions apply:

(1)

Where it is necessary to preserve the natural landscape and native trees, a maximum of ten (10) percent of required parking may be designed for compact cars.

(2)

(3)

On parking lots larger than fifty (50) spaces involving a shopping center, a maximum of ten (10) percent of the required parking may be for compact cars.

(H)

(I)

The Planning Coordinator may approve a reduction in the number of parking spaces required if:

(1)

(2)

The non-occupancy areas do not constitute more than two (2) percent of the gross floor area; and

(3)

The parking ratio is not less than that of the most general use category appropriate to the structure (office general or retail general).

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.07. - Location of parking spaces.

All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

(A)

Reserved.

(B)

Reserved.

(C)

Reserved.

(D)

Reserved.

(E)

Reserved.

(F)

(G)

(1)

(a)

That a permanent easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use, or

(b)

That a long-term remote parking lease agreement be provided upon approval by the City as a condition of such use.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.08. - Use of required parking spaces, nonresidential districts.

(Ord. No. 2013-O-04, 3-14-2013)

Section 5.09. - Fire lanes.

Fire lanes shall be provided in all multifamily and nonresidential areas as required by the adopted Fire Code of the City.

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.0. - Conditional use permits CUP.

(A)

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.01. - Regulations.

[(A)]

(1)

The use is harmonious and compatible with surrounding existing uses or proposed uses;

(2)

The activities requested by the applicant are normally associated with the permitted uses in the base district;

(3)

The nature of the use is reasonable;

(4)

Any negative impact on the surrounding area has been mitigated;

(5)

That any additional conditions specified ensure that the intent of the district purposes are being upheld.

(B)

(C)

(D)

(E)

Minor changes or alterations may be approved by the Planning Coordinator.

(F)

(G)

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.02. - General description.

(A)

(1)

College, university or private boarding school.

(2)

Library, museum, or art gallery.

(3)

Golf course, driving range or putting course.

(4)

Radio, microwave relay tower or television tower.

(5)

Private above ground water storage tank.

(6)

Gas or petroleum drilling or storage.

(7)

Rock quarries; sand, gravel or earth excavation for off-site use.

(8)

(9)

Hospitals intended for the care of insane, liquor or narcotics patients. When located in the R-1, RLD, RMD or RHD District, the site shall contain not less than twenty (20) acres.

(10)

Manufactured home park in any districts.

(11)

Dry board storage.

(12)

Small animal kennels and veterinary hospitals.

(13)

Greenhouses and nurseries.

(14)

Private club, community or civic club.

(15)

Day nursery or child care center.

(16)

Kindergarten.

(17)

Home beauty shop.

(18)

Institutions of a religious, education, recreation or philanthropic nature which are not listed in other subsections of this section.

(19)

Sororities, fraternities and lodges.

(20)

Medical facility.

(21)

Off-street parking lot.

(22)

Bait sales.

(23)

Electric transmission station.

(24)

Roller skating rink.

(25)

Temporary structures for religious or public gatherings.

(26)

Carnivals or amusement parks.

(26)

Zoo.

(27)

Temporary produce stand.

(28)

Motor raceways.

(29)

Feed lot.

(30)

Athletic fields or stadiums.

(31)

Christmas tree sales.

(32)

Fireworks sales.

(33)

Sewage collection and/or treatment utility installation, public or private, not listed in other subsections of this section.

(34)

Animal pound.

(35)

Home tropical fish sales.

(36)

Establishment selling alcoholic beverages.

(37)

Bed and breakfast.

(38)

Boarding house.

(39)

Public stable.

(40)

Private stable.

(41)

Rooming house.

(42)

Tourist house.

(B)

Restricted uses.

(1)

A conditional use permit may be granted for the following uses in the I-Industrial District only:

(a)

Cement, lime or gypsum manufacture.

(b)

Natural gas, production and distribution.

(c)

Petroleum production and refining.

(d)

Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products.

(e)

Disposal plants of all types including trash and garbage, sewage treatment, including lagoons and compost plants.

(f)

(C)

Site plan.

(1)

(a)

Date, scale, north point, title, name or owner, and name of person preparing plan;

(b)

Location of existing boundary lines and dimensions of the tract;

(c)

Centerline of existing watercourses, drainage features, and location and size of existing and proposed streets and alleys;

(d)

Location and size to the nearest one-half (½) foot of all proposed buildings and land improvements;

(e)

Clear designation of areas reserved for off-street parking and for off-street loading; the location and size of points of ingress and egress; and the ratio of parking space to floor space.

(Ord. No. 2013-O-04, 3-14-2013)

Section 6.03. - Prior CUP ordinances remaining in effect.

(Ord. No. 2013-O-04, 3-14-2013)

Section 7.0. - Nonconforming buildings, lands or use.

(A)

(1)

Nonconforming building(s) or structure(s) may be occupied as herein provided:

(a)

(b)

(c)

(d)

(e)

(2)

Nonconforming use of a building may be continued as hereinafter provided.

(a)

(b)

(c)

A nonconforming use of a building or structure may not be transferred to a new owner when a change of ownership occurs.

(3)

Nonconforming use of land existing at the time of the effective date of this ordinance may continue as hereinafter provided.

(a)

A nonconforming use of land shall not be extended or expanded.

(b)

(c)

(d)

A nonconforming use of land or parcel may not be transferred to a new owner when a change of ownership occurs.

(4)

(a)

The intent of the owner to discontinue the use is apparent; or

(b)

The characteristic equipment and furnishings of the nonconforming use have been removed from premises and have not been replaced by similar equipment by approved permit within six (6) months; or

(c)

A nonconforming building, structure, or land, or portion thereof, which is, or hereafter, becomes vacant and remains unoccupied for a period of six (6) months; or

(d)

A nonconforming use has been replaced by a conforming use.

(5)

Displacement: No nonconforming use shall displace a conforming use.

(6)

(7)

(B)

(Ord. No. 2013-O-04, 3-14-2013)