The city is hereby divided into zones, or districts, as shown on the official zoning map. Said map, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this article. The zones, or districts, hereby established are and shall be known and cited as zoning districts and listed as follows:

ABBREVIATED ZONING DISTRICT

(Ord. No. 94-1097, § 2-100, 9-26-1994; Ord. No. 95-1106, 6-21-1995)

The official zoning map shall be identified by the signature of the mayor and attested to by the city secretary/treasurer. It shall contain therein the date of adoption and shall bear the seal of the city with the following words:

"This is to certify that this is the Official Zoning Map of the City of Lumberton, Texas, referred to in section 50-173 of the Code of Ordinances, City of Lumberton, Texas."

(Ord. No. 94-1097, § 2-101, 9-26-1994)

(a)

If, in accordance with the provisions of this article and V.T.C.A., Local Government Code § 211.006(b)—(f), changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official map promptly after the amendment has been approved by the city council, with an entry on the official zoning map as follows:

"On (date), by official action of the city council, the following changes were made in the Official Zoning Map: (brief description of nature of change)."

(b)

Said entry shall be signed by the mayor and attested by the city secretary/treasurer. No amendment to this article which involves matters portrayed on the official zoning map shall become effective until after such change and entry have been made on the map.

(Ord. No. 94-1097, § 2-102, 9-26-1994)

No changes of any nature shall be made in the official zoning map or matters shown thereon except in conformity with the procedures set forth in this article. Any unauthorized change of whatever kind by any person shall be considered a violation of this article and punishable as provided under section 50-27.

(Ord. No. 94-1097, § 2-103, 9-26-1994)

Regardless of the existence of purported copies of the official zoning map which may from time to time be made and published, the original reproducible tracing of the official zoning map shall be located in the office of the city secretary/treasurer, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.

(Ord. No. 94-1097, § 2-104, 9-26-1994)

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new map may correct drafting or other errors or omissions in the prior map, but no other correction shall have the effect of amending the original map or any subsequent amendment thereof. The new map shall be identified by the signature of the mayor attested by the city secretary/treasurer, and shall bear the seal of the city with the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as a part of the Zoning Ordinance of the City of Lumberton, Texas."

(Ord. No. 94-1097, § 2-105, 9-26-1994)

Unless the proper official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. No. 94-1097, § 2-106, 9-26-1994)

Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow centerlines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following lot lines;

(3)

Boundaries indicated as following city limit lines shall be construed as following such city limits;

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(5)

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

(6)

Distances not specially indicated on the official zoning map shall be determined by the scale of the map;

(7)

Where physical or cultural features existing on the ground are at a variance with those shown on the official zoning map, the planning and zoning commission shall interpret the district boundaries;

(8)

Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance from which this article is derived, the planning and zoning commission may permit, as a special exception, the extension on the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot;

(9)

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

(Ord. No. 94-1097, §§ 3-100—3-109, 9-26-1994)

Each zoning district herein established is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the city as follows:

(1)

R-1 Single-family dwelling district. This district comprises the preponderant portion of the existing housing development in the city and is considered to be the proper classification for large areas of the undeveloped land remaining in the city appropriate for single-family use. This district is intended to be composed of single-family dwellings together with the public schools, churches and public parks essential to create basic neighborhood units. The single-family districts are not intended to be subject to major alterations by future amendment except where changed conditions might justify such action or where minor adjustments in the boundaries of a district may be appropriate to secure a reasonable development of the land.

(2)

R-2 Multiple-family dwelling district. This type district will be composed mainly of area containing mixtures of single-family, duplex, two-family dwelling, and multiple-family dwelling sections. The districts shown on the zoning district map are medium density districts and will be located at various outlying locations near commercial and industrial centers where they will serve as buffers between heavy traffic generators and single-family dwelling areas. The area regulations are designed to protect the residential character and to prevent the overcrowding of land in the R-2 districts by providing minimum standards for building coverage. It is anticipated that additional high-density or high-rise apartment area may be designated in the R-2 district from time to time in the future where such change is appropriate and adequate access and utility services can reasonably accommodate such high density dwellings.

(3)

R-3 Manufactured housing dwelling district. This district consists mainly of areas which are suitable for the controlled use of manufactured housing as residences in manufactured housing subdivisions. The one per lot concept will allow the orderly use of manufactured housing as single-family residences within this district.

(4)

C-1 Neighborhood business district. This district permits a narrow range of business uses designed to be complementary to nearby and adjoining R-1 districts. Restrictions placed upon businesses allowed in this district are designed to limit the business impact on residential areas which front or abut this district.

(5)

C-2 Community business district. This district permits a much wider variety of commercial uses that are required to service a number of neighborhoods. It is inclusive of the type business enterprises that make up the strip commercial areas that have developed along some of the major thoroughfares and highways in the city. Several types of commercial uses are included in the districts that are not normally found under prevailing zoning practices elsewhere because of existing development. Off-street parking regulations are also set out in this district to lessen congestion in the streets. It is anticipated that, from time to time, additional C-2 community business districts will be applied to the district map where such retail service is required to serve future development.

(6)

I-1 Light industrial district. This district permits no new dwelling development except those existing and the permissive units for caretakers, watchmen and the like. By its nature and name, the district permits those industries and manufacturing plants that are predominantly light in character, have their operations conducted wholly within buildings, are more compatible than heavy manufacturing uses, and do not emit noxious odors, noises, dust, smoke, and vibrations as do heavy manufacturing processes. As in other commercial and industrial districts, off-street parking and loading facilities are required to lessen congestion in the streets.

(7)

I-2 Heavy industrial district. This district is much more liberal in permissive uses of industrial and manufacturing nature and functions and provides for the citing of enterprises that tend to emit odors, noises, dust and vibrations and that are least compatible with other uses. As in the I-1, light industrial district, no new dwelling uses will be permitted other than those that are now present and as needed for caretakers and watchmen. Off-street parking and loading facilities are required to lessen congestion in the streets. The I-2 districts designated on the district map are located for convenient access to railroad facilities, major thoroughfares and highways that now, or will, serve the city.

(8)

MH Manufactured housing community park district. The manufactured housing is recognized as a specific form of housing for which accommodations should be provided in proper places. To provide appropriate standards as to density, spacing, and use, a separate district is created and designated for the specific purpose of providing, at appropriate locations, areas for the development of manufactured housing parks. The standards for manufactured housing park development for transient occupancy differ from those of a manufactured housing subdivision where more or less permanent occupancy is anticipated.

(9)

SP Specific use permit district. Certain land uses, because of their nature and location, are not appropriate for categorizing into specific utility installations, colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters, and some heavy operations such as junkyards, sanitary fills and dumps, gravel pits and the like. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. All uses for which specific use permits may be granted are shown in the schedule listing in division 2 of this article. The procedure for approval of specific use permit includes a public hearing and the amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit in the use schedule in the use schedule in division 2 of this article does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the city planning and zoning commission and city council that such specific use is compatible with adjacent property use and consistent with the character of the neighborhood.

(10)

PD Planned development district. In order to provide flexibility in the planning and development of projects with combinations of uses or of specific physical designs such as office centers, combination apartment and retail centers, shopping centers, medical centers with office and housing elements, special industrial parks, housing developments or any similar large-scale developments, a PD, or planned development district, is provided. This district is intended as an amendment to be applied to the district map under an amendment of this chapter. Certain maximum and minimum standards are specified for various use categories and certain provisions such as yards, coverage, and building spacing are to be determined by the particular design. Specific development conditions and schedules can be enforced with respect to a PD, or planned development district, and failure to adhere to a development schedule can be the basis for removing part or all of a PD, or planned development district, from the zoning district map. Besides the purpose of achieving flexibility and variety in the physical pattern of the city, this district should encourage a more efficient use of open space and appropriate use of land. It is included so that cognizance may be taken of the surrounding property and the proper protection of such property be provided for in locating and approving any PD, or planned development district.

(Ord. No. 94-1097, §§ 4-100—4-109, 9-26-1994; Ord. No. 19-1235, § 5, 3-25-2019)

The following regulations shall apply to all zoning districts listed in section 50-172 and as hereinafter defined in this section. The use, height, area, and off-street parking regulations as set out herein are uniform in each district as follows:

(1)

Use. No building or structure shall be erected, raised, moved, placed, extended, enlarge, converted, constructed, reconstructed, or structurally altered, except in conformity with the regulations prescribed; nor designed to be used or occupied for any purposes other than permitted by these regulations in the district in which such building, structure, or land is situated.

(2)

Height. No building or structure shall be erected, raised, constructed, extended, enlarged, reconstructed or structurally altered so as to extend the height limit established in division 2 of this article for the district in which such building or structure is located.

(3)

Area. No lot shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed in divisions 2 through 11 of this article, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established. No side yard areas for a building shall be included as part of the required areas for any other building. No parking area, off-street parking space or loading space which exists at the time these regulations become effective or which subsequent thereto is provided for the purpose of complying with article IV of this chapter shall thereafter be relinquished or reduced in any manner below the requirements established in article IV. Every building hereafter erected shall be located on a lot as herein defined, and in no case shall there be more than one building or use on one lot except as herein provided.

(4)

Minimum lot area and width. Notwithstanding any provisions herein to the contrary, the minimum area of any lot used for residential purposes in R-1, R-2, or R-3 districts shall be 9,000 square feet and the minimum width of such lot shall be 75 feet; provided that such minimum area and width shall not apply if any such tract of land is subdivided by a duly recorded plat or maps in lots larger in area and width than that prescribed herein (75 × 120 = 9,000).

(Ord. No. 94-1097, §§ 5-100—5-104, 9-26-1994)

The following regulations shall apply to all R-1 dwelling districts:

(1)

Single-family dwellings, as defined in 50-2, are permitted in R-1. Single-family dwellings, must be site-built dwellings unless otherwise permitted by state statute. Site-built shall mean dwellings which are constructed from primarily new construction material, delivered to and constructed on the lot or property for permanent occupancy. Two-family dwellings, duplex and townhome style dwellings shall not be permitted in R-1.

(2)

Public parks, playgrounds, churches, public or denominational schools, elementary, junior high and high schools.

(3)

Railway rights-of-way and tracks, passenger stations, but not including switch or storage yards or public team tracks.

(4)

With specific use permit. Golf courses, except miniature golf courses and driving ranges operated for commercial purposes.

(5)

Farms, gardens, orchards or nurseries (an unimproved area of three or more acres) for the growing of plants, shrubs, and trees, provided no retail or wholesale activities are conducted on the premises, and provided that no livestock or poultry other than household pets shall be housed or retained within 100 feet of any neighboring property line, not to exceed one animal or livestock per acre.

(6)

Accessory buildings shall be built to comply with all building and electrical codes adopted by the city. Accessory buildings shall be located in the rear yard area located behind the main residential dwelling. Accessory buildings shall not occupy in excess of 25 percent of the minimum required rear yard area. Accessory buildings shall be used for customarily incidental purposes. (Storage of automobiles, lawn and garden equipment, laundry room, hobby equipment, etc.) No accessory building in this district shall be used for commercial purposes. The term "commercial purpose" shall include any fulltime or parttime business. No servant quarters shall be leased, rented or used for any commercial purpose. Accessory buildings shall comply with all regulations as provided in section 50-537.

(7)

With specific use permit. Public utilities lines and installations, public or privately owned local transit station or turn around; radio, television or microwave towers; telephone exchange switching and transmitting only (no business office, storage or repair shops), water storage, elevated and ground tanks.

(Ord. No. 94-1097, §§ 6-100, 6-101, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 08-1175, § 6-101(5), (6), 8-11-2008; Ord. No. 19-1235, § 3, 3-25-2019; Ord. No. 21-1253, § 2(b), 6-28-2021)

(a)

Front yard. There shall be a front yard for every structure in the R-1 dwelling district having a depth of not less than 30 feet from the front of the property line to the face of the building. No covered porch, covered terrace or accessory building shall project into any required front yard space. A lot located within the radius of a cul-de-sac shall have a minimum setback line of 15 feet from the front property line.

(b)

Rear yard. There shall be a rear yard for every structure in the R-1 dwelling district which shall have a depth of not less than 25 feet measured from the back of the structure to the rear property line.

(c)

Side yard. There shall be two side yards for each structure in the R-1 dwelling district, one on each side of such structure. No side yard shall be less than ten feet measured from the side property line to the side of the structure and no covered porch, covered terrace, or accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projections exceed 24 inches. The distance between the side of the structure and the property line adjoining a public street shall be 25 feet minimum.

(d)

Lot area. The minimum area of any lot used in the R-1 dwelling district shall be 9,000 square feet.

(e)

Lot width. The minimum lot width shall be 75 feet.

(f)

Lot coverage. The combined area of the main building and accessory buildings shall not cover more than 40 percent of the total area of any lot in the R-1 dwelling district.

(g)

Floor area. Every single-family dwelling unit hereafter constructed, erected, reconstructed, or altered in any R-1 dwelling district shall have a floor area, excluding basements, open and screened porches, and garages of not less than 1,200 square feet.

(h)

Garages. Every single-family dwelling unit hereafter constructed, erected, or reconstructed shall have at least a one car garage of not less than 12 feet by 18 feet (216 square feet).

(i)

No concrete, asphalt or other road materials for the purpose of vehicle traffic and/or parking may be constructed within the required rear and side setback areas.

(Ord. No. 94-1097, § 6-102, 9-26-1994; Ord. of 2-12-2007; Ord. No. 16-1223, § 2, 8-8-2016; Ord. No. 21-1253, § 2(c), 6-28-2021)

No building in the R-1 dwelling district shall exceed the height of 35 feet or 2½ stories; provided, however, that one-family dwellings in the R-1 dwelling district may be increased in height by not more than ten feet when two side yards of not less than 15 feet each are provided; and provided further that when permitted, public or semi-public buildings hospitals, sanitariums or schools may be erected to a height not exceeding 75 feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed 35 feet.

(Ord. No. 94-1097, § 6-103, 9-26-1994)

There shall be provided, in connection with every use permitted in the R-1 dwelling district, off-street parking space in accordance with the provisions in article IV of this chapter.

(Ord. No. 94-1097, § 6-104, 9-26-1994)

Permitted signs in the R-1 dwelling district shall be in accordance with the provisions in article VI of this chapter.

(Ord. No. 94-1097, § 6-105, 9-26-1994)

The following regulations shall apply in all R-2 multiple-family dwelling districts:

(1)

Any use permitted in R-1 district.

(2)

Duplex, two-family dwellings, and multiple-family dwellings shall be permitted in R-2.

(3)

Apartment houses.

(4)

With specific use permit. Children's day nurseries when housed wholly in a private residence, the principal use of which is the operator's private dwelling.

(5)

With specific use permit. Hospitals, doctors' and dentists' offices and clinics except tubercular and veterinary hospitals and clinics for the treatment of alcoholic, neurotic, insane, feeble-minded or narcotics-addicted patients.

(6)

Hotels in which business may be conducted for the sole convenience of the occupants of the building; provided, however, that there shall be no entrance to any such place of business except from the inside of the building.

(7)

With specific use permit. Private clubs, fraternities, sororities, group student houses, lodges; except, however, any of such uses of which the chief activities are customarily carried on as a business.

(8)

With specific use permit. Kindergartens, day nurseries, private schools teaching similar subjects as are taught in elementary schools; provided the buildings, are set back from all required yard lines two feet for every foot of building height and provided all off-street parking facilities consistent with requirements of the use are provided on the site. In the instance of private schools and kindergartens, a minimum building area of 30 square feet per student and a minimum site area of 200 square feet per student shall be provided.

(Ord. No. 94-1097, §§ 6-200, 6-201, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 19-1235, § 4, 3-25-2019)

(a)

Front yard. There shall be a front yard for every structure in the R-2 dwelling district having a depth of not less than 30 feet from the property line to the face of the building. No covered porch, covered terrace, or accessory building shall project into any required front yard space.

(b)

Rear yard. There shall be a rear yard for every structure in the R-2 dwelling district which shall have a depth of not less than 25 feet measured from the back of the structure to the rear property line; provided, however, that where such rear yard abuts an alley, the required rear yard may be measured from the centerline of such alley.

(c)

Side yards. There shall be two side yards for each structure in the R-2 dwelling district, one on each side of such structure. No side yard shall be less than ten feet measured from the side property line to the side of the structure and no covered porch, covered terrace or accessory building shall project into any required side yard space. The minimum distance between the side of any structure and a property line adjoining a public street shall be 25 feet. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projection exceed 24 inches. For the purpose of side yard regulations, two or more detached one- or two-family dwellings shall be considered as one building when occupying one lot; provided, however, there shall be a minimum of ten feet between the sides of the buildings on the same lot. In the case of group houses or court apartments, when buildings rear upon the side yard, the width of the side yard shall be increased by one foot for each building or apartment abutting thereon. If any stairway opens onto or is served by such side yard, minimum width of such side yard shall be ten feet. Where a building is erected or structurally altered for dwelling purposes for buildings more than three stories in height, each of the two side yards shall be increased one foot in width for each additional story above the third. For dwellings more than eight stories or 100 feet in height, the front, side and rear yards shall be increased an additional foot for each foot such buildings exceed 100 feet in height.

(d)

Lot area. The minimum area of any lot used for dwelling purposes in a R-2 dwelling district shall be 9,000 square feet; provided, however, that in the case of apartment houses or buildings arranged or designed for more than two families, the minimum area shall be 9,000 square feet plus 700 square feet for each family in excess of two.

(e)

Lot width. The minimum width of any lot used for dwelling purposes shall be 75 feet.

(f)

Floor area. Every multiple-family dwelling hereafter erected, constructed, reconstructed, or altered in a R-2 dwelling district shall have a minimum floor area, excluding common corridors, basements, open and screened porches, and garages, of not less than 600 square feet for each efficiency or one-bedroom unit, 850 square feet for each two-bedroom unit; and 1,000 square feet for each three-bedroom unit.

(Ord. No. 94-1097, § 6-202, 9-26-1994; Ord. No. 21-1253, § 2(d), 6-28-2021)

(a)

No building in the R-2 dwelling district shall exceed the height of 35 feet or two and 2½ stories; however, one-family dwellings may be increased in height not more than ten feet when two side yards of not less than 15 feet each are provided.

(b)

No building within the R-2 dwelling district, other than free standing, single-family dwellings may be built to a height greater than one story, with an eve height not to exceed 14 feet, when built within 50 feet of a property line adjoining a R-1 single-family district.

(c)

In the R-2 dwelling district, public or semi-public buildings, hotel, hospitals, sanitariums, or schools may be erected to a height not exceeding 75 feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed 35 feet in height.

(Ord. No. 94-1097, § 6-203, 9-26-1994; Ord. No. 95-1106, 6-21-1995)

There shall be provided in connection with every use permitted in the R-2 dwelling district, off-street parking space in accordance with the provisions of article IV of this chapter.

(Ord. No. 94-1097, § 6-204, 9-26-1994)

Permitted signs in the R-2 dwelling district shall be in accordance with the regulations in article VI of this chapter.

(Ord. No. 94-1097, § 6-205, 9-26-1994)

Provide open playground space within the park or court at a ratio of 500 square feet for each of the first 20 units provided and at a ratio of 250 square feet for all additional unit spaces provided.

(Ord. No. 94-1097, § 6-206, 9-26-1994)

Protective screening in the R-2 district shall be provided in accordance with article VII of this chapter.

(Ord. No. 94-1097, § 6-207, 9-26-1994)

This district consists mainly of areas which are suitable for the controlled use of manufactured housing as residences in a subdivision platted and approved by the city council. The one home per lot concept will allow the orderly use of single-family manufactured housing districts. Manufactured homes located within this district shall comply with the provisions of this division. Sections 50-262 through 50-266 shall apply in all R-3 manufactured housing dwelling districts.

(Ord. No. 94-1097, § 6-300, 9-26-1994; Ord. No. 08-1175, § 6-300, 8-11-2008)

The following regulations shall apply to all R-3 manufactured housing dwelling districts:

(1)

Manufactured housing or modular home as a single-family residence.

(2)

Single-family site-built dwellings only.

(3)

No manufactured home or modular home, over ten years old from the date the permit is issued, will be allowed in this district.

(4)

Motor homes, recreational vehicles, travel trailers, portable buildings, etc., shall not be used as living quarters.

(5)

Accessory buildings shall be placed in the rear yard area only. Accessory buildings shall not occupy in excess of 25 percent of the minimum required rear yard area. Accessory buildings shall be built to comply with all building and electrical codes adopted by the city. No accessory building in this district shall be used for commercial purposes. The term "commercial purpose" shall include any full-time or part-time business. Accessory buildings shall comply with all regulations as provided in section 50-537

(Ord. No. 94-1097, § 6-301, 9-26-1994; Ord. No. 08-1175, § 6-301, 8-11-2008; Ord. No. 21-1253, § 2(e), 6-28-2021)

(a)

Front yard. There shall be a front yard for every structure in the R-3 dwelling district having a depth of not less than 30 feet from the property line. The face of the manufactured home or structure shall be placed with the front door facing the front property line. No covered or uncovered porch, terrace, attached or detached carport, garage or fences shall project into any required front yard space.

(b)

Rear yard. There shall be a rear yard for every structure in the R-3 dwelling district which shall have a depth of not less than 25 feet measured from the back of the manufactured home or living structure to the rear property line; provided, however, that where such rear yard abuts a drainage easement or utility easement, the rear yard shall be open and unobstructed. Accessory buildings shall comply with all regulations as provided in section 50-537.

(c)

Side yards. There shall be two side yards for each structure in the R-3 dwelling district; one on each side of such structure. No side yard shall be less than ten feet measured from the side property line to the side of the structure. No covered or uncovered porch, terrace, attached or detached garage, carport or accessory building shall project into any side yard space. All side yards shall remain open and unobstructed except for fences. The minimum distance between the side of any structure and the property line adjoining a public street (corner lot) shall be 15 feet.

(d)

Lot area. The minimum area of any lot used for dwelling purposes in a R-3 dwelling district shall be 9,000 square feet (75' × 120').

(e)

Lot width. The minimum width of any lot used for dwelling purposes shall be 75 feet.

(f)

No concrete, asphalt or other road materials for the purpose of vehicle traffic and/or parking may be constructed within the required rear and side setback areas.

(Ord. No. 94-1097, § 6-302, 9-26-1994; Ord. No. 08-1175, § 6-302, 8-11-2008; Ord. No. 16-1223, § 2, 8-8-2016; Ord. No. 21-1253, § 2(f), 6-28-2021)

There shall be at least two off-street parking spaces (each space equals nine feet by 18 feet). No required off-street parking space shall be located in the front or side setback area in this district.

(Ord. No. 94-1097, § 6-303, 9-26-1994; Ord. No. 08-1175, § 6-303, 8-11-2008)

Permitted signs in the R-3 dwelling district shall be in accordance with the regulations in article VI of this chapter.

(Ord. No. 94-1097, § 6-304, 9-26-1994; Ord. No. 08-1175, § 6-304, 8-11-2008)

(a)

Manufactured housing shall not be permitted as accessory buildings, nor may they be located on a lot with any other residence in any district.

(b)

Skirting or screening is required on all manufactured housing. Skirting material must be a type that is made for manufactured housing and shall be installed within 21 days after placement of home. Skirting must be maintained at all times. Skirting material shall prevent debris from blowing under the home. Nothing can be stored or stacked under any manufactured or modular home. Skirting shall be attached to the manufactured home with rustproof screws.

(c)

Manufactured homes shall be installed by a state-licensed installer and comply with the responsibilities and requirements for installers of the state department of housing community affairs manufactured housing division. All manufactured homes must be tied down according to state and federal specifications.

(d)

Drainage. Concrete slabs or soil beneath manufactured housing shall be sloped or graded as to prevent water from standing. A moisture barrier must be installed after soil is sloped if the home is not placed on concrete slab. All water shall drain to the front ditch or storm basin.

(e)

Permit required. It shall be unlawful for any person to move, install, locate or relocate a manufactured home onto property or a lot zoned R-3, or to repair, enlarge or alter any manufactured home without first obtaining a permit from the city. The permit must be approved and issued by city staff to the property owner and the manufactured home mover prior to a manufactured home being moved or installed. A violation of this provision shall, upon conviction, be punishable to the property owner and/or manufactured home mover by a fine of $500.00. Each day that a violation of any such provision continues shall constitute a separate offense.

(f)

Prior to the issuance of any building permit in a manufactured housing subdivision, such subdivision shall be approved by the city council and shall comply with the normal requirements for platting as prescribed in the subdivision control ordinance set forth in chapter 42 and with the provisions of this article.

(Ord. No. 94-1097, § 6-305, 9-26-1994; Ord. No. 08-1175, § 6-305, 8-11-2008; Ord. No. 16-1223, § 2, 8-8-2016; Ord. No. 23-1272, § 5, 3-27-2023)

The regulations of this division shall apply to all C-1 neighborhood commercial district property: C-1 neighborhood commercial district shall be designated for commercial retail business with normal business hours limited to 14 hours per day maximum. C-1 neighborhood commercial district shall be generally restricted to businesses intended to serve less than 150 customers and a total parking of less than 50 vehicles at any one time. All display, storage and business transactions must be conducted totally within the building structure. No display, storage or other business services may be conducted outside the building proper.

(Ord. No. 94-1097, § 6-400, 9-26-1994; Ord. No. 95-1106, 6-21-1995)

(a)

Permitted uses.

(1)

Any uses permitted in the R-1 residential dwelling district excluding single-family residence dwellings.

(2)

Banks, offices, savings and loan offices, credit unions.

(3)

Pickup stations for pressing, cleaning and laundry.

(4)

Retail stores such as pharmacies, bakery sales, flowers, barbershop, beauty parlor, interior decorating, blinds, household items, pager sales, computer sales, telephone sales, dress shop, tuxedo sales or rental, uniform sales musical instruments.

(5)

Antique shop, art gallery, books or stationery store, gift shop, craft shop, photographic studios.

(6)

Specialty food stores such as ice cream shops, popcorn shops, delicatessen, retail sales only.

(7)

Professional offices for accountants, architects, attorneys, engineers, surveyors, planners and real estate dealers, land title companies, insurance offices, military recruiters, safety consultants, collection agencies, detective agencies, employment agencies, export companies, tax consultants, travel agents, management consultants.

(8)

Sales and display of china, art objects, glassware, jewelry, draperies and sewing machines, cloth materials and supplies.

(9)

Retail sales and service for office and art supplies, sample rooms, job printing, letter service, mail box service, secretarial or computer data processing office service, Xerox copying service.

(10)

Medical clinics, dental clinics, optical clinics, hearing aid sales and service, diabetes clinics, medical diagnostic clinics or testing laboratories, respiratory therapy clinics, physical therapy clinics, dietary centers, nursing homes, retail sales of medical equipment and supplies, veterinary clinics, provided that no animals are kept outside the totally enclosed building.

(11)

Dance, gymnastics and small health club/fitness center. A small health club/fitness center is defined herein as a private health, athletic or recreational club facility not exceeding 5,000 square feet of floor area, which conducts personal fitness training or fitness classes including, but not limited to, weight training, aerobic exercise, yoga or other similar athletic activities, to individuals or groups of individuals and does not provide, pools, saunas, massages and other amenities of a full service fitness center. A small health club/fitness center may be permitted to extend operational hours within C-1 should it be determined that:

a.

The small health club/fitness center will continuously comply with the exterior noise regulations of section 50-303 which applies to residential zoning district and adjoin a residential zoning district; and

b.

The location of the small health club/fitness center must conform with the city's comprehensive plan and must not be found to significantly affect the ingress and egress to residential areas or infrastructure to residential areas or cause undue hardship to the surrounding properties.

(12)

Private schools, day care centers, schools for professional or business training.

(13)

Restaurants may be permitted to locate within C-1 should it be determined that the restaurant will meet the following requirements:

a.

Restaurant must operate between normal business hours, limited to 14 hours per day maximum as required by section 50-297;

b.

Restaurant must comply with the exterior noise regulations of section 50-303 which applies to residential zoning district and adjoining a residential zoning district;

c.

Location of the restaurant in C-1 must conform with the city's comprehensive plan and must not be found to significantly affect the ingress and egress to residential areas or infrastructure to residential areas; and

d.

The existing roadways are sufficient to accommodate the location of the restaurant without affecting the flow of traffic or creating a safety hazard in the residential area.

(b)

Prohibited uses. All businesses for which the C-2, community business district is intended to serve shall not be permitted to locate within the C-1, neighborhood commercial district zone. The following listing is a sample of the types of businesses specifically identified as not permitted in the C-1 district. It is not intended to be a complete and all-inclusive list but to serve as an example for guidance when specific requests are made before the planning and zoning commission.

Appliance stores

Audio equipment sales and service

Auto accessories stores

Auto parts stores

Auto repair shops

Auto sales

Boat sales and service

Building materials stores

Commercial sign shops

Convenience stores

Dating services

Fast-food

Fire extinguisher, alarm, sales and service

Flea markets

Furniture stores

Garden centers

Gasoline sales

Grocery stores

Hotels

Janitorial services

Machine shops

Marine dealers

Markets for vegetables or produce

Marriage chapels

Massage establishments (defined in section 50-332)

Meat markets

Mobile home dealers

Motels

Motor freight operations

Motor repairs

Motorcycle shops

Mortuaries

Moving and storage

Newspaper printing

Nightclubs

Paint stores

Palm readers

Parking lots (not connected to a business)

Pawn shops

Pest control services

Pet shops

Plant nurseries

Pool chemical sales

Recycling businesses

Rental equipment stores

Restaurants, with the exception of restaurants permitted by subsection (a)(13) above

Roofing stores

Secondhand stores

Septic tank sales, services

Sporting goods stores

Steamcleaning services

Storage rental businesses

Tattoo parlors

Taxidermy

Tire stores

Tree trimming

Truck rentals

Upholstery operations

Video stores

(Ord. No. 94-1097, §§ 6-401, 6-402, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 12-1196, § 2, 9-10-2012; Ord. No. 18-1231, § 2, 7-12-2018; Ord. No. 24-1280, § 2, 6-24-2024)

(a)

Front setback. The building including any attached overhangs, porches, or terraces shall not be set closer to the front property line than 25 feet.

(b)

Side setback.

(1)

When the side property line is adjacent to C-1 property and not located on a side street, the side setback shall be not less than ten feet.

(2)

When the side property line fronts on a side street, the side setback shall be not less than 25 feet.

(3)

When the side property line is adjacent to R-1 property the side setback shall be not less than 30 feet.

(c)

Rear setback.

(1)

When the rear property line is adjacent to C-1 property, the rear setback shall be not less than 15 feet.

(2)

When the rear property line is adjacent to R-1 property, the rear setback shall be not less than 30 feet.

(d)

Building attachments. No attached portions of the building, including overhangs, porches, terraces, awnings or other permanently fixed structural features shall extend into the setback area limits.

(e)

Concrete, asphalt or other road materials for the purpose of vehicle traffic and/or parking may be constructed within the required setback areas.

(Ord. No. 94-1097, § 6-403, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 16-1223, § 2, 8-8-2016)

Buildings in the C-1 neighborhood commercial district shall be limited to two stories in height with an eve height not to exceed 24 feet. No building within the C-1 neighborhood commercial district shall exceed one story with an eve height not to exceed 16 feet when located within 60 feet of a property line adjoining R-1, single-family dwelling district property.

(Ord. No. 94-1097, § 6-404, 9-26-1994; Ord. No. 95-1106, 6-21-1995)

There shall be provided in connection with any use permitted in the C-1 neighborhood commercial district, off-street parking space in accordance with the provisions of article IV of this chapter.

(Ord. No. 94-1097, § 6-405, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995)

Permitted signs in the C-1 commercial district shall be in accordance with the regulations in article VI of this chapter.

(Ord. No. 94-1097, § 6-406, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995)

The following noise standards, unless otherwise specifically indicated, shall apply to all property within the city. Any noise measurement made pursuant to the provisions of this article shall be made with a sound level meter which meets the American National Standards Institute's Standard S1.4-Type II. Exterior noise levels shall be measured at the bounding property line. Where practical, the microphone shall be positioned four to five feet above the ground and ten feet or more away from any reflective surface.

(1)

For noise emanating from a facility on property located within a residential zoning district or adjoining a residential zoning district, the allowable noise level shall be as follows:

(2)

For noise emanating from a facility on property located within any commercial zoning district and not adjoining a residential zoning district, the allowable noise level shall be as follows:

(3)

In the event the ambient noise level exceeds the allowable noise levels in subsections (1) and (2) of this section, the allowable noise level for the property shall be increased to equal the maximum ambient noise level.

(4)

The following acts or means of causing noise of such character and duration as to disturb a person of normal sensitivity as to disturb persons in their normal mode of living are declared to be disturbing, unreasonable or loud noises which constitutes disorderly conduct and/or a nuisance; provided, however that such enumeration shall not be construed to be exclusive of other acts or means of causing noise:

a.

Audible transmitting device, including radio, phonograph, stereo, and musical instruments:

b.

Speakers, horns, whistles, instruments, bells or similar devices;

c.

Vehicle through exhaust noise, horns, whistles, transmitting devices, squealing tires, etc.;

d.

Screaming, shouting or other verbalization;

e.

The erection (including excavation), demolition, alteration, or repair of a building, except in case of urgent necessity in the interest of public safety and then only with a city permit; and

f.

Noise from any source which exceeds the allowable noise standard set forth in subsections (1) and (2) herein is declared to be a disturbing, unreasonable and loud noise.

(5)

For the purposes of determining compliance with the noise standards in this section, the following noise sources shall not be included:

a.

Noises not directly under the control of the property owner, lessor, or operator on the premises.

b.

Noises emanating from construction, grading, repair, remodeling or any maintenance activities between the hours of 7:00 a.m. and 7:00 p.m.

c.

Noises from safety signals, warning devices, burglar alarms, or emergency pressure relief valves.

d.

Transient noises from mobile sources, including automobiles, trucks, airplanes, railroads, and lawn and garden maintenance equipment.

e.

Air conditioning, refrigeration systems, or associated equipment.

(Ord. No. 94-1097, § 6-408, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 12-1199, § 2, 9-10-2012)

(a)

Purpose. The provisions of this section for the installation and maintenance of landscaping and screening are intended to protect the character and stability of residential, commercial and institutional areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, and to enhance the aesthetic and visual image of the community.

(b)

Perimeter landscaping and screening.

(1)

Generally, when a commercial or institutional use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a 20-foot wide, landscaped open surface buffer strip shall be installed and maintained by the owner, developer or operator of the commercial or institutional property. In addition, an eight-foot high opaque fence or wall shall be erected and maintained between the C-1 development and the residential property. The fence may be placed either along the property line, along the buffer strip line, or midway between the two lines to provide visual screening. The fence or wall shall be of wood or masonry construction, shall be a diagonal, horizontal or vertical stockade type privacy fence although the framing may be metal. In any case where the city assesses a drainage or utility easement of 20 feet or less along the property line adjoining single-family residential zoning district property, the buffer strip width may be reduced to a ten-foot width, separate from and not included within the city easement.

(2)

When a commercial or institutional use is established on a lot or premises fronting toward any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises fronting toward any property located in a single-family residential zoning district, an eight-foot wide landscaped open surface buffer strip shall be installed and maintained by the owner, developer or operator of the commercial or institutional property. The landscape strip shall extend to a minimum of 40 percent of the of the total length of the front of the property, however it may be separated in any combination necessary to provide for adequate entrance and exit drives for off-street parking access. Front landscaping shall be established and maintained so that it does not block visibility of traffic between elevations of three feet and 12 feet above the ground.

(3)

Trees for buffer strips. If an open space buffer strip is required under the terms of this section, not less than one tree shall be planted and maintained for each 25 lineal feet or portion thereof of solid open space buffer strip. Each tree shall be not less than eight feet in height immediately upon planting and shall have a caliper of not less than two inches measured 18 inches above the ground. Trees shall be of a species common or adaptable to this area and when mature shall have a crown of at least 15 feet.

(4)

Existing plant material. Where healthy planting exists on a site, the city shall credit the property owner for existing plants that are retained and used when calculating vegetation requirements under this section. Where established "natural growth" wooded areas containing trees in excess of 25 feet in height exist on the property and located in the areas required to be established as an open surface buffer strip, all healthy existing trees shall be left. At the option of the owner, developer or operator of the property the underbrush or undesirable plant material may be cleared for improved landscaping.

(5)

Off-street parking landscaping. Parking lots shall be considered small if they contain spaces for 20 or less vehicles. Small parking lots shall have open landscaping areas that are equal to not less than ten percent of the parking area and drives in the parking area. The required area may be used as traffic islands or perimeter landscaping or in any combination. A minimum of one tree shall be planted and maintained for each 250 square feet or portion thereof, of landscaped open space area. Parking lots with greater than 20 parking spaces shall have open landscaped areas equal to eight percent of the parking area and drives in the parking area. In lots of more than 20 parking spaces, 30 percent of the required landscaped area must be used as islands. Perimeter landscaping shall have at least one tree planted and maintained for each 40 lineal feet or fraction thereof. Each island shall have at least one tree planted and maintained.

(c)

All trees required in this section shall be a minimum of eight feet tall when planted and two inches in caliper, measured 18 inches above the ground. Trees shall be of a species common or adaptable to this area and when mature shall have a crown of at least 15 feet.

(Ord. No. 94-1097, § 6-409, 9-26-1994; Ord. No. 95-1106, 6-21-1995)

(a)

Building fronts, sides and rear walls. All buildings constructed in C-1 zoning areas shall be 100 percent masonry front façade, and 100 percent masonry side and rear wall exterior consisting of brick, stone or other architectural masonry, subject to city approval. The city may reject the use of other architectural masonry materials if the overall appearance of the building in which the material is proposed is not aesthetically and architecturally compatible with the structures in the surrounding neighborhood.

(b)

Areas of a façade that are devoted to windows, doors, fascia, shall not be counted as "wall surface" when calculated the building façade requirements.

(c)

State and federally registered historic structures are exempt from the building façade requirements.

(d)

When a specific use permit is required, additional or alternate masonry requirements for structures may be set forth in writing prior to issuance of the building permit and shall be incorporated into the amending ordinance establishing the specific use permit.

(e)

All nonconforming structures must come into compliance with the standards upon the repair or alteration that involves more than 50 percent of the exterior walls of the building structure.

(Ord. No. 94-1097, § 6-410, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 18-1230, § 2, 7-12-2018)

(a)

All construction of buildings or businesses on any property located in the C-1 zoned districts shall have drive areas and parking lots of asphalt or concrete construction.

(b)

Drives and driveways. Drives shall comply with the adopted codes, standards, specifications and requirements of chapter 40, article V—Driveways and culverts, and the City of Lumberton's Driveway Design and Paving Detail Standards, as may be amended.

(c)

Parking lots. Parking lots installed in the city shall comply with the adopted codes, standards, specifications and requirements of the City of Lumberton's Driveway Design and Paving Detail Standards, as may be amended.

(d)

The regulations of this section are inclusive but subordinate to requirements prescribed by the City of Lumberton's Drainage Criteria Manual and subject to the approval of the city engineer.

(Ord. No. 94-1097, § 6-411, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 99-1146, 11-8-1999; Ord. No. 16-1223, § 2, 8-8-2016; Ord. No. 21-1250, § 2, 5-24-2021)

The C-2 community business district shall be designated for commercial retail business only and is intended to serve businesses operating up to 24 hours per day or dealing with high volume traffic. In general, C-2 business district property shall be reserved for the above stated uses and businesses intended to serve more than 150 customers and provide parking for more than 50 vehicles at any one time.

(Ord. No. 94-1097, § 6-450, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995)

The following regulations shall apply in all C-2 community business districts:

(1)

Any uses permitted in the R-1 dwelling districts excluding single-family residence dwellings.

(2)

Antique shop, art gallery, books or stationery store.

(3)

Auto laundry and steam cleaning facilities, in which all washing operations are performed with a building or walled enclosure.

(4)

Auto repair garage where all work is performed with in a building and not including the open storage of trucks, trailers or vans.

(5)

Auto sales agency and repair work, provided that storage facilities shall be purely incidental to the principal use; and provided further that the area allowed for the repairs of cars shall be within an enclosed building.

(6)

Bakery, washateria, cleaning, pressing and dyeing shops.

(7)

Banks, offices, studios, postal stations.

(8)

Candy, cigars and tobacco, retail sales only.

(9)

Catering and wedding service; camera shop; curtain cleaning shop; electrical goods, retail; film developing and printing.

(10)

Electrical goods retail only.

(11)

Electrical repairing of domestic equipment and autos retail only.

(12)

Exterminating company.

(13)

Fix-it shops, bicycle repairs, lawnmower, sharpening, saw filing and tool sharpening retail only and only within an enclosed building.

(14)

Frozen food locker, retail.

(15)

Furniture repair and upholstering retail only and where all display and storage is conducted within an enclosed building.

(16)

Garden store, including retail sales of seed, small tools, gardening equipment, lumber and material and building yards, and other like businesses.

(17)

Gasoline filling station providing major repairs on automobiles shall be performed within an enclosed building.

(18)

Hardware, sporting goods, paints and wall paper.

(19)

Health clubs/fitness centers, including small health clubs/fitness centers permitted in C-1 and full service health club/fitness center defined as a private health, athletic, or recreational club facility that provides fitness services including, but not limited to, private gymnasiums, weight training facilities, aerobic floors, tennis/racquetball courts, swimming pools, and similar athletic facilities with full service amenities including but not limited to showers, lockers, baths and saunas.

(20)

Hotels, motels, medical and dental clinics, veterinary clinics provided animals are not kept overnight.

(21)

Jewelry, photographic supplies, and optical goods retail only.

(22)

Job printing.

(23)

Letter service, mimeograph shop, and other like businesses.

(24)

With specific use permit mortuary, greenhouse, or nursery office.

(25)

Musical instruments retail only.

(26)

Office furniture equipment, household and furnishing and appliances, retail only.

(27)

Pickup stations for pressing, cleaning and laundry.

(28)

Professional offices for architects, attorneys, engineers, planners and real estate dealers, and other like businesses.

(29)

Restaurants, or cafes when operated exclusively within an enclosed building and not including drive-in car services.

(30)

Retail stores such as grocery, drug, appliance, variety, bakery sales, shoe repair, flowers, apparel, barbershop, toy shop, beauty parlor, secondhand goods store and other shops for custom work, or the making of articles to be sold at retail on the premises.

(31)

Retail stores such as supermarkets, restaurants, cafes, delicatessens, drive-in food and drink stands, department stores, and other shops for custom work or the making of articles to be sold at retail on the premises.

(32)

Sales and display of china, art objects, glassware, draperies and cloth.

(33)

Seat cover sales and installation.

(34)

With specific use permit. Theaters, moving picture shows (except drive-in theaters), golf driving ranges, miniature golf courses, bowling alleys (within an enclosed building), and other like businesses.

(35)

Washateria equipped with and using fully automatic wash and drying machines where customers may personally supervise the washing and drying of laundry, provided no washing machine shall have a capacity in excess of 20 pounds and no dryer or extractor shall have a capacity in excess of 60 pounds, and that the aggregate number of machines of all types used shall not exceed 25. No dry cleaning or pressing equipment or facilities shall be permitted.

(36)

Wholesale office and sample room.

(37)

Any retail sales use which is not permitted in any of the preceding districts; provided however, that all items for sale are displayed entirely within an enclosed building; and further provided that such use is not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration and that no type of manufacture or treatment shall be permitted on any premises in the C-2 business district other than the manufacture of products clearly incidental to the conduct of a retail business on the premises.

(38)

Reserved.

(39)

Sexually oriented businesses as set forth is section 50-342.

(40)

Massage establishments may be permitted to locate within C-2 should it be determined that the massage establishment will meet the following requirements:

a.

Definitions. The words, terms and phrases, when used in this section shall have the following meaning:

Administrator means the Building Official of the City of Lumberton or any person designated by the city manager to administer the provisions of this section.

Athletic trainer or athletic coach means a person who administers health care to persons in the preparation for or performance in an athletic or sporting event and includes treatment of an injury or injuries suffered from participation in an athletic or sporting event and subscribes to the practices, ethics and professional conduct of the National Athletic Trainers' Association.

Athletic training facility or sports facility means an establishment whose primary purpose is to provide for the development of athletic or sports performance, for the conduct of athletic or sporting events, or for the treatment of injuries suffered during the preparation for or performance in an athletic or sporting event. Athletic training facilities or sports facilities are typically owned by educational institutions including but not limited to high schools and colleges, municipal governments, or by professional sports teams.

Massage establishment means any building, room, place, or any establishment whose business includes advertising or offering massage therapy or other massage services upon the human body for compensation by any person whether with or without the use of mechanical, therapeutic or bathing devices and shall include Turkish bathhouses, spas and day spas. This term shall not include beauty parlors or barbershops duly licensed by the State of Texas, or licensed hospitals, medical clinics, or licensed physical therapy facilities or establishment wherein registered physical therapists treat only patients recommended and referred by a licensed physician and operate only under such physician's direction.

Massage therapist means a person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, massage therapist, myotherapist, body massager, or any derivation of those titles.

Massage therapy means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compressions, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," "myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy."

Residence means a home, abode, or place where an individual is actually living at a specific point in time.

Sanction has the meaning assigned by Section 51.001 of the Texas Occupations Code.

b.

Exception. An exception to the requirements of this section shall be permitted to an athletic training facility or sports facility where care is provided by an athletic trainer or athletic coach.

c.

License requirements.

(i)

Unless excepted by subsection (ii) below, a massage establishment shall be licensed by the Texas Department of Licensing and Regulation (TDLR) or any successor state agency. The license holder shall display such license in a prominent location inside the massage establishment and shall make a copy of such license easily accessible and available for inspection by the public and the administrator.

(ii)

A place of business is not required to hold a massage establishment license if:

1.

The place of business is owned by the federal government, the State of Texas, or a political subdivision of the State of Texas;

2.

At the place of business, a licensed massage therapist practices as a solo practitioner and:

a.

does not use a business name or assumed name; or

b.

uses a business name or an assumed name and provides the massage therapist's full legal name or license number in each advertisement and each time the business name or assumed name appears in writing;

3.

At the place of business, an acupuncturist, athletic trainer, chiropractor, cosmetologist, midwife, nurse, occupational therapist, perfusionist, physical therapist, physician, physician assistant, podiatrist, respiratory care practitioner, or surgical assistant licensed or certified by the State of Texas employs or contracts with a licensed massage therapist to provide massage therapy as part of the person's practice; or

4.

At the place of business, a person offers to perform or performs massage therapy:

a.

for not more than 72 hours in any six-month period; and

b.

as part of a public or charity event, the primary purpose of which is not to provide massage therapy.

(iii)

Unless the person is exempted under subsection (ii) above, a person may not represent that the person is a massage establishment unless the person holds a massage establishment license from the Texas Department of Licensing and Regulation or any successor state agency.

(iv)

It shall be unlawful for the owner, proprietor, manager or person in charge of a massage establishment to allow any person to practice massage in the massage establishment without having obtained a massage practitioner's license pursuant to this ordinance and/or the state licensing program.

d.

Permit required. A massage establishment shall be required to obtain a permit from the city for operation. A permit issued by the City of Lumberton to the massage establishment is non-transferable to a new business or owner. At all times, the permit must be displayed in a prominent location inside the massage establishment. A violation of this ordinance is grounds from suspension of the issued permit.

e.

Criminal background checks. Prior to the issuance of a permit, the administrator shall verify with the Texas Department of Licensing and Regulation (TDLR), or any successor State agency, that the permit applicant has successfully passed a criminal background check acceptable to the TDLR. In the event the TDLR has not conducted a criminal history background check, the administrator, in his or her discretion, may conduct a criminal history background check on the applicant, owner, operator, or investor in the massage establishment. If the administrator discovers that the owner, operator, or investor in the massage establishment has been convicted, entered a plea of nolo contendere or guilty to, or received deferred adjudication for an offense involving prostitution or any other sexual offense, the administrator may consult with the city manager and city attorney to pursue all avenues of enforcement allowed by the City of Lumberton Code of Ordinances, or by State of Texas law, or by federal law.

f.

Inspection.

(i)

Whenever necessary to inspect or enforce any of the provisions of this section, the administrator may enter the building or premises at all reasonable times during the hours of operation to conduct any duty authorized by this section. If the building or premises are occupied, the administrator must present proper credentials and request entry. If the building or premises are unoccupied, the administrator must make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused or if the owner or other person having charge or control of the building or premises cannot be located, the administrator may exercise all enforcement powers granted by law to secure entry.

(ii)

The administrator reserves the right, and shall be authorized to, enter the premises at all reasonable times to inspect the massage establishment, if in the sole discretion of the administrator, an inspection is required to protect the public health, sanitation, safety or zoning authority of the City of Lumberton.

(iii)

An establishment claiming to be exempt from the provisions of this ordinance may be inspected as well. The owner or manager of an establishment, or an individual who claims to be exempt from this ordinance, shall produce, on demand of the administrator, documentation sufficient to show that the establishment or individual is exempt.

g.

Enforcement. The administrator shall have primary responsibility for enforcing all provisions of this section. Other officers of the City of Lumberton, as designated by the city manager, shall share responsibility for enforcing the provisions of this section.

h.

General standards of operation. The following requirements are standards for the operation of any massage establishment. It shall be unlawful for any license holder, owner, operator, or manager of a massage establishment to violate any of the following regulations:

(i)

A massage establishment shall only open for business no earlier than 8:00 a.m. on any day and shall close for business no later than 10:00 p.m. on any day.

(ii)

A massage establishment shall only be permitted to locate and operate in a C-2 zoning district.

(iii)

A massage establishment shall not be used as a place of residence.

(iv)

It shall be unlawful for any massage service to be carried on within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked.

(v)

All massage establishments operating under the authority of this section are declared to be public places, and shall not, during business hours, have the doors to the entrances or exits of such establishments locked or obstructed in any way so as to prevent free ingress and egress of persons; provided, however, such doors may be closed.

(vi)

It shall be unlawful to cause complete obstruction of the passage of light through any windows of the massage establishment premise by means including but not limited to affixing plywood, paper, or taping other opaque materials over the windows. This restriction does not apply to the standard use of curtains or blinds.

(vii)

It shall be the duty of every person conducting or operating a massage establishment to keep the same at all times in a clean and sanitary condition. All instruments and mechanical, therapeutic and bathing devices or parts thereof that come into contact with the human body shall be sterilized by an approved method of sterilization. Towels and linens furnished for use of one patron shall not be furnished for use of another until thoroughly laundered.

(viii)

All massage therapists and operators at a massage establishment shall wash their hands thoroughly before administering massage manipulations to any patron.

(ix)

It shall be unlawful for the owner, proprietor, manager or person in charge of a massage establishment to harbor, admit, receive or permit to be or remain in or about any such place, any drunken person or any person under the influence of intoxicating liquor or narcotic drugs.

(x)

The manager or person in charge of a massage establishment shall maintain, on the premises, a list of the names and addresses of all employees therein, both on duty and off duty, and such list shall be readily available for inspection. Failure to comply with this provision shall be an offense.

(xi)

An owner or manager of a massage establishment shall keep a record of the date and hour of each massage, the name and address of the customer or client receiving the massage and the name of the massage practitioner practicing or administering the massage. Such record shall be maintained for a minimum period of one year and shall be open to inspection by any person authorized under this ordinance to perform inspections. Information furnished or secured as a result of such inspection shall be confidential.

i.

Indecent conduct.

(i)

It shall be unlawful for any person, in a massage establishment, to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital part of any other person.

(ii)

It shall be unlawful for any person, in a massage establishment, to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person, in a massage establishment, to expose the sexual or genital parts, or any portions thereof, of any other person.

(iii)

It shall be unlawful for any person, while in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body.

(iv)

It shall be unlawful for any person owning, operating or managing a massage establishment, knowingly to cause, allow or permit in or about such massage establishment, any agent, massage practitioner, employee, or any other person under his or her control or supervision to perform such acts prohibited in subsections a, b or c of this section. A claim that a person in violation of this section is an independent contractor is not a valid defense.

j.

Prohibited establishments. No massage establishment may be located in, owned, or operated in the following locations:

(i)

Where three or more arrests have occurred or citations in lieu of arrest have been issued for an offense under Sections 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02 of the Texas Penal Code that was committed at the massage establishment;

(ii)

Where an offense under Chapter 20A or Sections 34.02, 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02 of the Texas Penal Code was committed that resulted in a conviction;

(iii)

That is operating at a location where another massage establishment against which a sanction was imposed for a violation of this Section previously operated; or

(iv)

That is operating at a location where another massage establishment owned or operated by an individual against whom a sanction was imposed for a violation of this section previously operated.

k.

Appeal to prohibited establishments. The owner or operator of a massage establishment may submit a request in writing to the city council for an exemption from the regulation. The request must include documentation sufficient to demonstrate the owner or operator has undertaken or implemented procedures and controls to prevent the commission of any offense listed in section 50-332(40)(j)(i) and section 50-332(40)(j)(ii).

(i)

The city council shall consider, but is not required to approve, the requested exemption at the next regularly scheduled meeting of the city council to be held on a date after the date on which the request is received and that allows sufficient time to comply with Chapter 551 of the Texas Government Code if:

1.

The ownership of the massage establishment subject to a regulation adopted under section 50-332(40)(j)(iii) changed less than two years before the date of the request under this section; and

2.

The current owner of the massage establishment is not an individual against whom a sanction has been imposed for a violation of this section.

(ii)

The city council shall approve the requested exemption as soon as practicable after the date on which the request is received if:

1.

The ownership of the massage establishment subject to a regulation adopted under section 50-332(40)(j)(iii) changed at least two years before the date of the request under this section;

2.

In the two-year period preceding the date of the request under this section, an arrest has not occurred for, a citation in lieu of arrest has not been issued for, and a conviction has not resulted from an offense listed in section 50-332(40)(j)(i) or section 50-332(40)(j)(ii) at the massage establishment; and

3.

The current owner of the massage establishment is not an individual against whom a sanction has been imposed for a violation of section 50-332(40)(j) of this chapter.

l.

Unlawful advertisement. A person who is not duly licensed or a massage establishment that has not obtained a permit under this ordinance may not use the word "massage" on any form of advertising unless the person or the organization is expressly exempt from this ordinance.

m.

Penalty. Failure to comply with any of the requirements of this section 50-332(40) shall result in a violation and punishable by a fine of not less than $500.00, nor more than $2,000.00. Each day's violation shall constitute a separate offense.

(Ord. No. 94-1097, § 6-451, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995; Ord. No. 18-1231, § 3, 7-12-2018; Ord. No. 20-1241, § 3, 5-26-2020; Ord. No. 20-1242, § 3, 5-26-2020; Ord. No. 21-1255, § 2, 7-26-2021; Ord. No. 22-1264, § 2, 2-28-2022; Ord. No. 24-1280, § 2, 6-24-2024; Ord. No. 25-1286, § 2, 8-25-2025)

(a)

Front setback. The building, including any attached overhangs, porches or terraces, shall not be set closer to the front property line than 25 feet.

(b)

Side setback.

(1)

When the side property line is adjacent to C-1 or C-2 property and not located on a side street, the side setback shall be not less than ten feet.

(2)

When the side property line fronts on a side street, the side setback shall be not less than 25 feet.

(3)

When the side property line is adjacent to R-1 property, the side setback shall be not less than 40 feet.

(c)

Rear setback.

(1)

When the rear property line is adjacent to C-1 or C-2 property, the rear setback shall be not less than 15 feet.

(2)

When the rear property line is adjacent to R-1 property, the rear setback shall be not less than 50 feet.

(d)

Building attachments. No attached portions of the building, including overhangs, porches, terraces, awnings or other permanently fixed structural features, shall extend into the setback area limits.

(e)

No concrete, asphalt or other road materials for the purpose of vehicle traffic and/or parking may be constructed within the required rear and side setback areas.

(Ord. No. 94-1097, § 6-452, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995; Ord. No. 16-1223, § 2, 8-8-2016)

Buildings in the C-2 community business district shall be limited to four stories in height not to exceed 60 feet. No building within the district shall exceed one story, with an eave height not to exceed 16 feet when located within 60 feet of a property line adjoining R-1, single-family dwelling district property.

(Ord. No. 94-1097, § 6-453, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995)

There shall be provided in connection with any use permitted in the C-2 business district off-street parking space in accordance with the provisions of article IV of this chapter.

(Ord. No. 94-1097, § 6-454, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995)

Permitted signs in the C-2 business district shall be in accordance with the regulations in article VI of this chapter.

(Ord. No. 94-1097, § 6-455, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995)

The following noise standards, unless otherwise specifically indicated, shall apply to all property within the city. Noise measurements used to establish compliance with these regulations shall be taken at the property line.

(1)

For noise emanating from a facility on property located within a residential zoning district or adjoining a residential zoning district, the allowable noise level shall be as follows:

(2)

For noise emanating from a facility on property located within any commercial zoning district and not adjoining a residential zoning district but adjacent to a C-1 neighborhood district, the allowable noise level shall be as follows:

(3)

For noise emanating from a facility on property located within a C-2 business district and not adjoining any residential or C-1 zoning district property, the allowable noise level shall be as follows:

(4)

In the event the ambient noise level exceeds the allowable noise levels in subsections (1), (2) or (3) of the section, the allowable noise level for the property shall be increased to equal the maximum ambient noise level.

(5)

For the purposes of determining compliance with the noise standards in this section, the following noise sources shall not be included:

a.

Noises not directly under the control of the property owner, lessor, or operator on the premises.

b.

Noises emanating from construction, grading, repair, remodeling, or any maintenance activities between the hours of 7:00 a.m. and 7:00 p.m.

c.

Noises from safety signals, warning devices, burglar alarms, or emergency pressure relief valves.

d.

Transient noises from mobile sources, including automobiles, trucks, airplanes, railroads, and lawn and garden maintenance equipment.

e.

Air conditioning, refrigeration systems, or associated equipment.

(Ord. No. 94-1097, § 6-458, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995)

(a)

Purpose. The provisions of this section for the installation and maintenance of landscaping and screening are intended to protect the character and stability of residential, commercial and institutional areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, and to enhance the aesthetic and visual image of the community.

(b)

Perimeter landscaping and screening.

(1)

Generally, when a commercial or institutional use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a 20-foot wide landscaped open surface buffer strip shall be installed and maintained by the owner, developer, or operator of the commercial or institutional property. In addition, an eight-foot-high opaque fence or wall shall be erected and maintained between the C-2 development and the residential property (the fence or wall shall extend along the length of the property line which is adjacent in whole or in part to any residential zoning district). The fence may be placed either along the property line, along the buffer strip line, or midway between the two lines to provide visual screening. The fence or wall shall be of wood or masonry construction, shall be a diagonal, horizontal, or vertical stockade type privacy fence although the framing may be metal. In any case where the city assesses a drainage or utility easement of 20 feet or less along the property line adjoining single-family residential zoning district property, the buffer strip width may be reduced to a ten-foot width, separate from and not included within the city easement.

(2)

When a commercial or institutional use is established on a lot or premises fronting toward any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises fronting toward any property located in a single-family residential zoning district, an eight-foot wide landscaped open surface buffer strip shall be installed and maintained by the owner, developer, or operator of the commercial or institutional property. The landscape strip shall extend to a minimum of 40 percent of the of the total length of the front of the property, however, it may be separated in any combination necessary to provide for adequate entrance and exit drives for off street parking access. Front landscaping shall be established and maintained so that it does not block visibility of traffic between elevations of three feet and 12 feet above the ground.

(3)

Trees for buffer strips. If an open space buffer strip is required under the terms of this section, not less than one tree shall be planted and maintained for each 25 lineal feet or portion thereof of solid open space buffer strip. Each tree shall be not less than eight feet in height immediately upon planting and shall have a caliper of not less than two inches measured 18 inches above the ground. Trees shall be of a species common or adaptable to this area and when mature shall have a crown of at least 15 feet.

(4)

Existing plant material. Where healthy planting exists on a site, the city shall credit the property owner for existing plants that are retained and used when calculating vegetation requirements under this section. Where established "natural growth" wooded areas containing trees in excess of 25 feet in height exist on the property and located in the areas required to be established as an open surface buffer strip, all healthy existing trees shall be left. At the option of the owner, developer, or operator of the property, the underbrush or undesirable plant material may be cleared for improved landscaping.

(5)

Off-street parking landscaping. Parking lots shall be considered small if they contain spaces for 20 or less vehicles. Small parking lots shall have open landscaping areas that are equal to not less than ten percent of the parking area and drives in the parking area. The required area may be used as traffic islands or perimeter landscaping or in any combination. A minimum of one tree shall be planted and maintained for each 250 square feet or portion thereof, of landscaped open space area. Parking lots with greater than 20 parking spaces shall have open landscaped areas equal to eight percent of the parking area and drives in the parking area. In lots of more than 20 parking spaces, 30 percent of the required landscaped area must be used as islands. Perimeter landscaping shall have at least one tree planted and maintained for each 40 lineal feet or fraction thereof. Each island shall have at least one tree planted and maintained.

(c)

All trees required in this section shall be a minimum of eight feet tall when planted and two inches in caliper, measured 18 inches above the ground. Trees shall be of a species common or adaptable to this area and when mature shall have a crown of at least 15 feet.

(Ord. No. 94-1097, § 6-459, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995; Ord. No. 23-1271, § 2, 3-27-2023)

(a)

Building fronts sides and rear walls. All buildings constructed in the C-2 zoning district shall be 100 percent masonry front facade and 100 percent masonry side and rear wall exterior consisting of brick, stone or other architectural masonry, subject to city approval. The city may reject the use of other architectural masonry materials if the overall appearance of the building in which the material is proposed is not aesthetically and architecturally compatible with the structures in the surrounding neighborhood.

(b)

Areas of a facade that are devoted to windows, doors, fascia, shall not be counted as "wall surface" when calculated the building facade requirements.

(c)

State and federally registered historic structures are exempt from the building facade requirements.

(d)

When a specific use permit is required, additional or alternate masonry requirements for structures may be set forth in writing prior to issuance of the building permit and shall be incorporated into the amending ordinance establishing the specific use permit.

(e)

All nonconforming structures must come into compliance with the standards upon the repair or alteration that involves more than 50 percent of the exterior walls of the building structure.

(Ord. No. 94-1097, § 6-460, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995; Ord. No. 18-1230, § 3, 7-12-2018)

(a)

All construction of buildings or businesses on any property located in the C-2 zoned district shall have drive areas and parking lots of asphalt or concrete construction.

(b)

Drives and driveways. Drives shall comply with the adopted codes, standards, specifications and requirements of chapter 40, article V—Driveways and culverts, and the City of Lumberton's Driveway Design and Paving Detail Standards, as may be amended.

(c)

Parking lots. Parking lots installed in the city shall comply with the adopted codes, standards, specifications and requirements of the City of Lumberton's Driveway Design and Paving Detail Standards, as may be amended.

(d)

The regulations of this section are inclusive but subordinate to requirements prescribed by the City of Lumberton's Drainage Criteria Manual and subject to the approval of the city engineer.

(Ord. No. 94-1097, § 6-461, 9-26-1994; Ord. No. 95-1107, 8-28-1995; Ord. No. 16-1223, § 2, 8-8-2016; Ord. No. 21-1250, § 3, 5-24-2021)

Game rooms and the operation of amusement redemption machines are prohibited within the corporate limits of the city.

(Ord. No. 20-1241, § 4, 5-26-2020; Ord. No. 25-1286, § 3, 8-25-2025)

(a)

Purpose. It is the purpose of this subsection to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent, nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(b)

Applicability. This subsection shall apply to any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

(3)

The addition of any sexually oriented business to any other existing sexually oriented business.

(c)

Location. In no event shall usage of land or structures for sexually oriented businesses be approved unless they meet the following standards:

(1)

A sexually oriented business shall be located wholly within a C-2 community business district;

(2)

A sexually oriented business shall be located at least 1,000 feet from a place of worship, a school, a child care facility, the boundary of a residential area, a public park, the property line of a lot devoted to residential uses, any building or structure in which alcoholic beverages are offered for sale, a hospital, public library, a recreational center, a public swimming pool, the boundary or any area zoned R-1, R-2, R-3, C-1, or another sexually oriented business. Measurements for purposes of this subsection shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the church, school, day care center, or to the nearest boundary of an affected property line, public park, district, or to the closest exterior wall of another sexually oriented business.

(3)

A sexually oriented business lawfully operating under the terms of this subsection is not rendered in violation of this subsection by the subsequent location of a church, public or private school, day care center, public park, or area subsequently zoned R-1, R-2, R-3 or C-1 or subsequently put to residential use.

(d)

As required by the Texas Business and Commerce Code, Chapter 102, a sexually oriented business shall post a regulated size sign by the sink area in each restroom on the premises that directs a victim of human trafficking to contact the national human trafficking resource center.

(e)

Fencing. (a) The proposed site shall be screened in such a manner that limits pedestrian and vehicular access to adjacent properties, but which does not restrict adequate lines of sight or create unsafe conditions. The screening shall be maintained by the owner of the property. Screening shall be designed as to not create a visual barrier between property lines. (b) A fence, wall, or other barrier may not prevent any portion of a parking lot for employees or customers of the business from being visible from a public right-of-way.

(f)

Lighting. (a) All off-street parking areas and premises entries shall be illuminated from dusk to dawn with a lighting system which provides an average maintained horizontal illumination of two foot-candle of light on all parking surfaces and/or walkways. (b) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than two foot-candles of light as measured at the floor level.

(g)

Other exterior portions of sexually oriented businesses. (a) It is unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from any point outside the establishment. (b) It is unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any advertisement or signs of any nature containing words, lettering, photographs, silhouettes, drawings, or pictorial representations which depicts patently offensive or immoral material. (c) It is unlawful for the owner of a sexually oriented business to allow the exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the establishment is a part of a commercial multi-unit center and the exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.

(h)

Prohibition against children in a sexually oriented business. A person commits a misdemeanor if they knowingly allow a person under the age of 18 years on the premises of a sexually oriented business.

(Ord. No. 20-1242, § 4, 5-26-2020)

The following regulations shall apply in all I-1 light industrial districts:

(1)

Any use permitted in any of the foregoing C-1 or C-2 districts except that no building or structure shall be erected or converted for dwelling purposes; provided, however, that dwelling quarters may be established in connection with any industrial plant for contractors and watchmen employed on the premises; and further provided that any existing dwelling structure within an I-1 light industrial district may be repaired and altered.

(2)

Artificial limb manufacture, automobile assembly, automobile repair, aluminum products, light manufacture.

(3)

Baggage transfer and storage warehouse, bakery, wholesale or employing five or more persons, bicycle manufacture, blacksmithing, book publishing, boot and shoe manufacture, broom manufacture, building materials yard, bus barn, central yard storage or terminal.

(4)

Cabinetmaker, candy manufacture, canning and preserving manufacture, cap and hat manufacture, carpenter shop, carpet cleaning, chicken hatchery, cleaning and pressing plant, coffin manufacture, cold storage warehouse, commission house, condensed cosmetic manufacture, wholesale creamery.

(5)

Wholesale dairy, dental laboratory, drug manufacture, industrial dry cleaning; dyeing and cleaning plant.

(6)

Electrical power plant or substation, electrical sign manufacture, enameling and painting, engraving plant, express storage and delivery station, electronics manufacturing and assembly.

(7)

Feed manufacture, wholesale feed sales, flour and grain storage elevators, fruit and vegetable drying, fuel distributing station, fuel gas storage, fur warehouse, furniture warehouse or storage.

(8)

Repair garage, garment factory; gas heating and storage, geophysical laboratory, grain elevator, wholesale grocery store.

(9)

Hat cleaning.

(10)

Jewelry manufacture, lime and cement warehouse, livery stable, lumberyard and building materials yard.

(11)

Mattress manufacture, macaroni manufacture, medicine manufacture, milk bottling plant, wholesale milk depot, millinery and artificial flower making, mineral water distillation and bottling, motorcycle repair, moving company with storage facilities.

(12)

Neon sign manufacture.

(13)

Office building in conjunction with and on side of industry or factory, office equipment and supply manufacture, optical goods manufacture, organ manufacture, overall or pants manufacture.

(14)

Paint shop, paper box manufacture, paper can, container and tub manufacture, paper products manufacture; pencil manufacture; perfume manufacture; pharmaceutical products manufacture, piano manufacture, produce warehouse, public utilities plant, publishing company, pump station.

(15)

Radio and television manufacture, refrigerator manufacture, rug cleaning.

(16)

Sand and gravel yards or storage, screw and bolt manufacture, sheet metal shop, shirt factory, sign painting shop, silk manufacture, soda water manufacture, sporting goods manufacture, stable.

(17)

Vehicle storage and repair, open storage with visual screening, telephone exchange or substation, television sending or relay towers, textile manufacture, thermometer or thermostat manufacture, wholesale tin products, tin shop or tinsmith, trunk manufacture.

(Ord. No. 94-1097, §§ 6-500, 6-501, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 12-1191, 2-13-2012)

(a)

Front yard. No front yard is required in the I-1 light industrial district, but any building on any property, except where building line ordinances provide otherwise, shall be set back 55 feet from the front property line as measured to the front line of the building, covered porch, covered terrace, loading dock or accessory building.

(b)

Side yards. If property in the I-1 light industrial district abuts upon the side of a lot being used for dwelling purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for light industrial use shall not be required to exceed five feet.

(c)

No concrete, asphalt or other road materials for the purpose of vehicle traffic and/or parking may be constructed within the required rear and side setback areas.

(Ord. No. 94-1097, § 6-502, 9-26-1994; Ord. No. 16-1223, § 2, 8-8-2016; Ord. No. 21-1253, § 2(g), 6-28-2021)

There shall be no height limitations for buildings in the I-1 industrial district.

(Ord. No. 94-1097, § 6-503, 9-26-1994)

There shall be provided in connection with any use permitted in the I-1 light industrial district off-street parking space in accordance with the provisions of article IV of this chapter.

(Ord. No. 94-1097, § 6-504, 9-26-1994)

Permitted signs in the I-1 light industrial district shall be in accordance with the regulation in article VI of this chapter.

(Ord. No. 94-1097, § 6-505, 9-26-1994)

Protective screening in the I-1 light industrial district shall be provided in accordance with article VII of this chapter.

(Ord. No. 94-1097, § 6-505, 9-26-1994)

All development projects in the I-1 light industrial district shall be required to conform to the standards, specifications and requirements prescribed by the City of Lumberton's Drainage Criteria Manual and are subject to the approval of the city engineer.

(Ord. No. 16-1223, § 2, 8-8-2016)

The following regulations shall apply in all I-2 heavy industrial districts:

(1)

Any use permitted in any of the foregoing I-1 district, except that no building or structure shall be erected or converted for dwelling purposes; provided, however, that dwelling quarters may be established in connection with any industrial plant for contractors and watchmen employed on the premises; and further provided that any existing dwelling structure within an I-2 heavy industrial district may be repaired and altered.

(2)

Abattoir or packing house, acetylene gas manufacture, acid manufacture, agriculture implements repair and manufacture, ammonia manufacture, asphalt manufacture, refinery storage, automobile manufacture.

(3)

Bag cleaning, bag manufacture, bank equipment manufacture, barrel manufacture, belting manufacture, blast furnace, bleachery, bleaching powder manufacture, boat manufacture, boiler works, box manufacture, brass foundry, brewery, brick yard and kiln, bronze manufacture, business equipment manufacture.

(4)

Calcimine manufacture, can manufacture, candle manufacture, car wheel manufacture, carbon manufacture, cast iron pipe manufacture, casting foundry, cattle shed, caustic soda manufacture, celluloid manufacture, chalk manufacture, cheese manufacture, chemical manufacture, chlorine manufacture, chocolate and cocoa products, cider and vinegar manufacture, clay products manufacture, coffee roasting, concrete batching or ready-mix plants, concrete products manufacture, copper works, copper manufacture, corrugated metal manufacture, cotton ginning, cotton yarn manufacture, cottonseed oil manufacture, crematory, creosote treatment and manufacture.

(5)

Distillation of coal, wood, bones, dye-stuff manufacture, disinfectant and insecticide manufacture.

(6)

Electrical supply manufacture, elevator manufacture, emery cloth manufacture, engine manufacture, excelsior manufacture, exterminator or insect poison manufacture.

(7)

Felt manufacture, fertilizer manufacture, fish curing fixture manufacture, flour and grain milling, forage works, foundry, fuel gas manufacture, furniture manufacture.

(8)

Gelatin manufacture, glass manufacture, glucose manufacture, glue manufacture, gristmill, gypsum manufacture.

(9)

Hair products manufacture, hardware manufacture, heating appliance and supplies manufacture, hide tanning and tallow manufacture, hydrochloric acid and derivatives manufacture.

(10)

Iron works, incinerator, insect poison manufacture, iron (ornamental) works.

(11)

Kerosene manufacture and storage, knit goods manufacture.

(12)

Lampblack manufacture, livestock barns and auction sales pens, lard manufacture, lath manufacture, livestock loading and shipping yards, laundry machinery manufacture, lead manufacture, light and power plants, lime manufacture, linen goods manufacture, linoleum manufacture, linseed oil manufacture, lubricating oil manufacture, lumbermill.

(13)

Machinery manufacture, malleable casting manufacture, match manufacture, meat packing plant, metal polish manufacture, metal products manufacture (except light products), metal weather stripping manufacture, milling plant, molasses manufacture, monument works.

(14)

Nail manufacture, naval stores manufacture, needle manufacture, nitrating of cotton or other materials, nitric acid or other derivatives manufacture.

(15)

Oil manufacture, oil refinery, oilcloth manufacture, oleomargarine manufacture, ordnance manufacture.

(16)

Meat and poultry packing plant, paint manufacture, paper or paper pulp manufacture, particle board manufacture, poultry slaughtering and processing, pattern shop, pickle manufacture, picric acid or derivatives manufacture, planning mill, Plaster of Paris manufacture, plastic manufacture, plating works, plow manufacture, plumbing supply manufacture, potash manufacture, poultry food manufacture, printing ink manufacture.

(17)

Stone, gravel or sand quarry quilt manufacture.

(18)

Railroad shops, radiator manufacture, rag treatment or manufacture of rag products, garbage, offal, etc., refuse dump, rice cleaning and polishing, rivet manufacture, rubber goods or rubber manufacture, rug manufacture.

(19)

Salt manufacture, salvage storage yard, sand paper manufacture, sauerkraut manufacture, sausage or sausage casing manufacture, sawdust manufacture, scrap iron storage yard, scrap metal reduction, sewer pipe manufacture, sewage disposal plant, shell grinding, shingle manufacture, shoe manufacture, soybean oil manufacture, stamping, metals, starch manufacture, steel mill, stockyards, stone crushing, stone cutting and screening, stone manufacture, structural steel and iron manufacture, sulphur, sulphuric acid manufacture, syrup and preserve manufacture, sales of used auto parts and auto wrecking yards.

(20)

Tar distillation, tar paper manufacture and tar products, terra cotta manufacture, textile manufacture, tile manufacture, tinfoil manufacture, tin refining, tire manufacture, tobacco manufacture, tool manufacture, turpentine manufacture, typewriter manufacture.

(21)

Used automobile junkyards.

(22)

Varnish manufacture, vinegar manufacture.

(23)

Wastepaper products manufacture, wire and cable manufacture, wool scouring or pulling, wood preserving treatment, wrecking material yards.

(24)

Yeast manufacture, zinc products manufacture.

(25)

Any other lawful use not prohibited by city ordinance as a nuisance.

(Ord. No. 94-1097, §§ 6-600, 6-601, 9-26-1994)

(a)

Front yard. No front yard is required in the I-2 heavy industrial district, but any building on any property, except where building line ordinances require otherwise, shall be set back 55 feet from the front property line as measured to the front line of the building, covered porch, covered terrace, loading dock or accessory building.

(b)

Side yards. If property in the I-2 heavy industrial district abuts upon the side of a lot is used for dwelling purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for heavy industrial use shall not be required to exceed five feet.

(c)

No concrete, asphalt or other road materials for the purpose of vehicle traffic and/or parking may be constructed within the required rear and side setback areas.

(Ord. No. 94-1097, § 6-602, 9-26-1994; Ord. No. 16-1223, § 2, 8-8-2016; Ord. No. 21-1253, § 2(h), 6-28-2021)

There shall be provided in connection with any use permitted in the I-2 heavy industrial district, off-street parking space in accordance with the provision of article IV of this chapter.

(Ord. No. 94-1097, § 6-603, 9-26-1994)

Permitted signs in the I-2 heavy industrial district shall be in accordance with the regulations in article VI of this chapter.

(Ord. No. 94-1097, § 6-604, 9-26-1994)

Protective screening in the I-2 heavy industrial district shall be provided in accordance with article VII of this chapter.

(Ord. No. 94-1097, § 6-605, 9-26-1994)

All development projects in the I-2 heavy industrial district shall be required to conform to the standards, specifications and requirements prescribed by the City of Lumberton's Drainage Criteria Manual and are subject to the approval of the city engineer.

(Ord. No. 16-1223, § 2, 8-8-2016)

Manufactured housing is recognized as a special form of housing and therefore subject to the specific and special standards as herein provided.

(Ord. No. 94-1097, § 6-700, 9-26-1994; Ord. of 7-28-2008, § 6-700)

The types of manufactured housing development are provided for by this division as follows:

(1)

A manufactured housing community park district is a unified development of sites, plots or transient stands arranged on a large tract of land under a single ownership.

(2)

No manufactured home or modular home constructed prior to ten years from the date permit is issued shall be allowed in this district.

(Ord. No. 94-1097, § 6-701, 9-26-1994; Ord. of 7-28-2008, § 6-701)

(a)

Pre-application conference scheduled. A pre-application conference must be scheduled with the city manager. A preliminary plan shall show a proposed street system and transient lot pattern, parking areas, green areas, drainage system, etc., for the city manager to review for general compliance with respect to the surrounding land use, streets, utilities, drainage and traffic impact in the city.

(b)

Application; filing fee; review of plan. After the pre-application conference, the developer shall file the application for approval of a preliminary plan with forms available at the city permit and zoning office. The application shall be accompanied by a nonrefundable filing fee of $500.00 per plan, plus $25.00 per transient lot. No action shall be taken by the city until such filing fee is paid. The application shall be accompanied by ten copies of the preliminary plan. The plan shall be reviewed by the city engineer, city fire marshal, Lumberton Municipal Utility District (L.M.U.D.), city manager and city council. The city council shall inform the developer in writing within 60 days from the filing date if deemed approved or denied.

(Ord. No. 94-1097, § 6-702, 9-26-1994; Ord. of 7-28-2008, § 6-702)

The following uses will be permitted in the MH manufactured housing community park district:

(1)

Church or rectory.

(2)

Community center.

(3)

Home occupation.

(4)

Landlord office for manufactured housing community park.

(5)

Local utility lines; sewage lift station; fire station; water storage and pumping station.

(6)

Manufactured housing as a residence.

(7)

Manufactured housing park.

(8)

Off-street parking incidental to main use.

(9)

Park or playground.

(10)

Public swimming pool.

(11)

School, public or denominational.

(12)

Temporary construction office.

(Ord. No. 94-1097, § 6-703, 9-26-1994; Ord. of 7-28-2008, § 6-703; Ord. No. 21-1253, § 2(i), 6-28-2021)

(a)

No manufactured housing, dwelling or other structure permitted in the manufactured housing community park district may be erected, altered, placed, moved or converted on any lot or tract unless it is in conformity with all minimum area regulations specified in this division.

(b)

It shall be unlawful for any person to move, install, locate or relocate a manufactured home within the manufactured housing community park district or to repair, enlarge or alter any manufactured home without first obtaining a permit from the city. The permit must be approved and issued by city staff to the property owner and the manufactured home mover prior to a manufactured home being moved or installed. A violation of this provision shall, upon conviction, be punishable to the property owner and/or manufactured home mover by a fine of $500.00. Each day that a violation of any such provision continues shall constitute a separate offense.

(Ord. No. 94-1097, § 6-704, 9-26-1994; Ord. of 7-28-2008, § 6-704; Ord. No. 21-1252, § 2, 6-28-2021; Ord. No. 23-1272, § 3, 3-27-2023)

In the MH manufactured housing community park zoning district, the minimum lot area required for a manufactured home shall be 6,000 square feet per unit. The maximum distance from the ground level to the bottom of manufactured housing shall be 36 inches. Concrete slabs, asphalt, or limestone shall be used as materials placed beneath manufactured housing to provide adequate support and shall be sloped or graded for drainage to prevent water from standing. Materials placed beneath manufactured housing and slope or grade of material must conform to the City of Lumberton's engineering standards. A moisture barrier must be installed if the home is not placed on a concrete slab. All water shall drain to the front ditch or nearest storm basin. All manufactured homes must be tied down according to state and federal specifications.

(Ord. No. 94-1097, § 6-705, 9-26-1994; Ord. of 7-28-2008, § 6-705; Ord. No. 16-1223, § 2, 8-8-2016; Ord. No. 18-1232, § 2, 7-12-2018; Ord. No. 12-1251, § 2, 5-24-2021)

In the MH manufactured housing community park zoning district, the minimum lot width shall be 50 feet per unit.

(Ord. No. 94-1097, § 6-706, 9-26-1994; Ord. of 7-28-2008, § 6-706)

In the MH manufactured housing community park zoning district, the minimum lot depth shall be 120 feet per unit.

(Ord. No. 94-1097, § 6-707, 9-26-1994; Ord. of 7-28-2008, § 6-707)

No manufactured housing shall be placed, located or erected nearer than 25 feet of any dedicated street or highway right-of-way nor shall any such manufactured housing unit be located nearer than 15 feet to any private drive used for access, circulation or service to the plot, lot, tract, or stand upon which a manufactured home is located.

(Ord. No. 94-1097, § 6-708, 9-26-1994; Ord. of 7-28-2008, § 6-708)

The minimum side yard for a manufactured home shall be 12 feet and the minimum space between adjacent manufactured homes shall be not less than 24 feet.

(Ord. No. 94-1097, § 6-709, 9-26-1994; Ord. of 7-28-2008, § 6-709)

The minimum rear yard for a manufactured home shall be 15 feet.

(Ord. No. 94-1097, § 6-710, 9-26-1994; Ord. of 7-28-2008, § 6-710)

Each manufactured housing community park shall not exceed a maximum density of five lots or stands per acre, and shall provide a minimum of two acres in area, but in no case shall there be less than ten manufactured housing lots or stands in the minimum area requirement.

(Ord. No. 94-1097, § 6-711, 9-26-1994; Ord. of 7-28-2008, § 6-711)

The maximum height of any building or structure within a manufactured home park shall be two stories.

(Ord. No. 94-1097, § 6-712, 9-26-1994)

In every manufactured home community, there shall be a minimum of two off-street parking spaces for each stand or lot. For every five lots or stands, there shall be a minimum of three off-street visitor parking spaces. Parking spaces shall be assigned and marked accordingly. No extended parking shall be allowed on community streets.

(Ord. No. 94-1097, § 6-713, 9-26-1994; Ord. of 7-28-2008, § 6-712)

Permitted signs in the MH district shall be in accordance with article VI of this chapter.

(Ord. No. 94-1097, § 6-714, 9-26-1994)

(a)

Screening. A six-foot permanent screening fence or wall, as outlined in section 50-587, shall be constructed along the boundary lines of each manufactured housing park when such lines are within 250 feet of residential or commercial areas or public streets or highways.

(b)

Skirting. Skirting material must be a type that is made for manufactured housing and shall be installed within 21 days after placement of home. Skirting must be maintained at all times. Skirting material shall prevent debris from blowing under the home. Nothing can be stored or stacked under any manufactured or modular home. Skirting shall be attached to the manufactured home with rustproof screws.

(Ord. No. 16-1223, § 2, 8-8-2016)

Regardless of the standards required as to lot area, lot width, lot depth, front yard, side yards, rear yard, density, off-street parking and screening, no manufactured housing lot, tract, plot or stand shall be placed, located or erected nearer than 15 feet to any manufactured housing community boundary line. This 15-foot wide green landscaped open buffer strip shall be installed and maintained by the owner, developer or operator of the manufactured housing community. In addition, an eight-foot high opaque fence or wall shall be erected and maintained, and not less than one tree shall be planted and maintained for each 25 lineal feet or portion hereof of open green landscaped buffer strip. Each tree shall be not less than ten feet in height upon planting and shall have a caliper of not less than two inches measured 24 inches above the ground. The tree shall be of a species common or adaptable to this area and when mature shall have a crown of at least 20 feet.

(Ord. No. 94-1097, § 6-717, 9-26-1994; Ord. of 7-28-2008, § 6-717)

No carport, garage, storage building, office or caretakers dwelling, laundry house, or permitted structure may be located nearer than 15 feet to any boundary line of a manufactured housing community park, nor shall any such structure be located nearer than ten feet to any boundary line of a plot, lot, or tract. Accessory buildings shall comply with all regulations as provided in section 50-537.

(Ord. No. 94-1097, § 6-718, 9-26-1994; Ord. of 7-28-2008, § 6-718; Ord. No. 21-1253, § 2(j), 6-28-2021)

Each manufactured housing community park shall meet the standards specified in this division and of the city engineer, Lumberton Municipal Utility District (L.M.U.D.), Hardin County Emergency Services District (HCESD) Fire Marshal and the city.

(Ord. No. 94-1097, § 6-719, 9-26-1994; Ord. of 7-28-2008, § 6-719)

Sanitation, fire protection and utility service shall be provided to each lot, tract, plot or stand in accordance with the city, the county emergency services district (HCESD), the L.M.U.D. and the county health department. Also, regular sanitation service shall be provided for each lot. The sanitation storage area shall be visually screened by an eight-foot-high solid fence on three sides, and one side with solid self-latching gate for entry. The fence and sanitation storage area shall be placed on concrete slab, kept clean and maintained at all times.

(Ord. No. 94-1097, § 6-720, 9-26-1994; Ord. of 7-28-2008, § 6-720)

Ingress and egress shall be approved by the city, the HCESD and/or the state department of transportation.

(Ord. No. 94-1097, § 6-721, 9-26-1994; Ord. of 7-28-2008, § 6-721)

Open playground space shall be provided within the community or court at a ratio of 750 square feet for each of the first ten units provided and at a ratio of 250 square feet for each additional ten unit spaces provided.

(Ord. No. 94-1097, § 6-722, 9-26-1994; Ord. of 7-28-2008, § 6-722)

Concrete streets and drive surfacing, garbage collection rights-of-way, fire lanes, and utility and drainage easements shall be provided as required by the city standards of construction approved by the city engineer, L.M.U.D. and the county emergency services district (HCESD) fire marshal.

(Ord. No. 94-1097, § 6-723, 9-26-1994; Ord. of 7-28-2008, § 6-723)

It shall be unlawful for any person, firm or corporation to remove the wheels of any manufactured housing or mount the same upon a permanent type foundation for any reason except within a manufactured housing subdivision.

(Ord. No. 94-1097, § 6-724, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. of 7-28-2008, § 6-724)

(a)

No manufactured housing shall be placed, located, or maintained for residential or business purpose in any place in the city other than a duly licensed and lawful manufactured housing park, MH-district or platted and approved manufactured housing subdivision R-3 district unless a variance for such is obtained as provided in section 50-452, or a specific use permit is obtained as provided for in division 10 of this article.

(b)

Specific use permits shall not be issued for placing, locating, storing, or maintenance, of manufactured housing, for any purpose or use, in subdivisions or areas in R-1 districts which are wholly or predominantly single-family site-built residences, nor within 500 feet of such areas or subdivisions, nor within R-1 district areas which are undeveloped in nature.

(c)

The specific use permit, as regards manufactured housing in R-1 districts, shall be allowed only for areas in which residences are predominantly manufactured housing, as long as the above restrictions are adhered to. The above restrictions shall also apply to motor homes, motor coaches, travel trailers, etc., used as living quarters outside of MH districts.

(Ord. No. 94-1097, § 6-725, 9-26-1994; Ord. No. 95-1106, 6-21-1995)

(a)

The planning and zoning commission, upon written application, may hear and recommend to the city council for authorization of a temporary variance to section 50-451, where owing to special conditions, literal enforcement of such paragraph will result in extreme hardship to the individual and the public convenience and welfare will not be substantially or permanently injured. Any temporary variance granted hereunder shall be for a period not to exceed one year.

(b)

Temporary or field construction offices may be granted a variance, for a period not to exceed one year, by the city manager, after payment of a placement fee and other permit fees which may be required.

(Ord. No. 94-1097, § 6-726, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 12-1200, § 2, 9-10-2012)

(a)

Application for a specific use permit shall be made to the planning and zoning commission after payment of a fee as currently established or as hereafter adopted by resolution of the city council from time to time.

(b)

The city council may, upon recommendation of the city planning and zoning commission and after conducting a public hearing as required for all amendments to the zoning ordinance in accordance with the provisions of article II, division 4 of this chapter, authorize for specific parcels of land the issuance of specific use permit in accordance with the use schedule hereinafter enumerated.

(c)

The designation of a specific use permit as being possible in the use schedule hereinafter set out in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be evaluated as to its probable effect upon the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate.

(d)

Specific use permits shall not be issued for placing, locating, storing, or maintenance, of manufactured housing, for any purpose or use, in subdivisions or areas in R-1 districts which are wholly or predominantly single-family site-built residences, nor within 500 feet of such areas or subdivisions.

(Ord. No. 94-1097, § 6-800, 9-26-1994; Ord. No. 95-1106, 6-21-1995)

(a)

In considering and determining its recommendation to the city council relative to any application for a specific use permit, the city planning and zoning commission may require that the applicant's function and characteristics of any use of land or building proposed be submitted.

(b)

The city planning and zoning commission may recommend to the city council that certain safeguards and conditions concerning setbacks, ingress and egress, off-street parking and loading arrangement, location of construction of buildings and uses and operation be required.

(c)

The city council may in the interest of the public welfare, and to ensure compliance with the intent of this article, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole.

(d)

A site plan setting forth the conditions specified may be required of the applicant and such plan, when accepted, shall be made part of the amending ordinance.

(e)

A specific use permit approved under the provisions of this division shall be considered as an amendment to the zoning ordinance as applicable to the property involved.

(f)

In addition to (a)—(e) above, relocated structures shall be bound by the following additional regulations:

(1)

For the purpose of this chapter, "relocated structure" shall mean an existing house, building or structure for which a person desires to move and relocate within the corporate limits of the city for the purpose of residential or commercial use (excluding accessory buildings which are regulated under 50-537);

(2)

No moving permit shall be issued for a relocated structure to be moved onto any property within the city's corporate limits unless the applicant first applies for and the city approves and issues a specific use permit for the relocated structure. The specific use permit may provide for a time period for performance and/or an expiration.

(3)

A specific use permit for a relocated structure shall not be issued unless the following conditions exist:

a.

An application for a specific use permit for a relocated structure shall not be accepted unless the applicant first submits to the following:

1.

A statement signed by the owner of the property upon which the relocated structure is proposed to be placed stating his or her full name and address, the type of building or structure, the present and proposed location of the building or structure, and the fair market value and approximate age of the building or structure to be moved;

2.

A certified property inspection report providing at minimum: findings of the structural systems, including the foundation, grading and drainage, roof structure, interior and exterior walls, ceilings and floors, interior and exterior doors, windows and attachments; and inspection overview of the electrical systems, heating, ventilation and air condition systems, and plumbing systems.

3.

A certificate from a licensed structural pest control contractor stating the condition of the property with respect to decay and pest infestation; said certificate shall be as of a date no earlier than 30 days prior to the application for relocation;

4.

A site plan showing the proposed location of the building or structure upon the property to which the building or structure is to be moved and demonstrating the proposed placement will meet all existing city regulations;

5.

Renderings of any proposed alterations to the exterior of the building or structure and colored photographs of all sides of such building or structure;

6.

A detailed explanation and request for any variances from the city's ordinances required for the movement, relocation and/or rehabilitation of an existing structure.

b.

The relocated structure must be structurally sound for occupancy and meet the minimum building standards required by the city. No substandard or unsafe or hazardous or dilapidated existing structure will be allowed or permitted to be moved onto property located within the city's corporate limits.

c.

The relocated structure shall have plumbing, electrical, heating and air conditioning which complies with all applicable provisions of the city's adopted building codes and state law;

d.

No such approval shall be given if the existing structure or building to be relocated is found to be pest-infested, unsanitary or otherwise unfit for human habitation, occupancy, or use.

e.

No existing structure shall be relocated to property within this city unless the structure complies with all zoning and other ordinances which apply to the property.

f.

A specific use permit may be denied by reason of its external appearance, design or placement upon a finding that the existing structure would not be compatible with the character of the adjacent properties or subdivision in which it is proposed to be located.

(4)

Before any permit is issued under the provisions of this subchapter, the owner of the building to be moved, or his or her agent, shall apply for and receive a building permit.

(5)

The city at its discretion may approve the relocation of a non-conforming property and require a performance bond, executed by a responsible surety company authorized to do business in the State of Texas in an amount as recommended by the city manager as being necessary to bring such existing structure up to the existing building codes and standards of the properties in the immediate area of the proposed new location and require that all work be completed pursuant to the conditions of the structure-moving permit within the time period specified. If the work is not completed within the time permitted, then the bond shall be forfeited, and the proceeds used to pay the costs of completing the work or demolishing the structure and clearing the property;

(6)

The person moving a house under the provisions of this subchapter shall be responsible in damages to the city for all damages occasioned to the public streets or city property, as well as responsible in damages to public utilities and individuals for such damages as may have been occasioned by the moving of the house. The city manager shall determine after the moving if there has been any damage to any public or private property; and if so, make an estimate of the amount and furnish a copy to the mover and the person whose property has been damaged. The person moving the house shall pay the same within 30 days after notice thereof, and in the event of failure to pay such damages, the city will not issue further permits to such person until such time as the said damages are paid in full.

(7)

The relocated structure shall be subject to the inspection of the city building inspector and must conform to all ordinances of this city and the requirements of the building code and other codes or ordinances relating to building construction and necessary installation incident thereto.

(Ord. No. 94-1097, § 6-801, 9-26-1994; Ord. No. 21-1258, § 2(a), 8-23-2021)

The specific use schedule of the city is as follows:

(Ord. No. 94-1097, § 6-802, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Ord. No. 95-1107, 8-28-1995; Ord. No. 12-1191, 2-13-2012; Ord. No. 21-1258, § 2(b), 8-23-2021)

The uses of land applicable to a planned development district are those that can be appropriately developed as integral land use units, such as:

(1)

Industrial parks or districts.

(2)

Office complexes.

(3)

Commercial or service centers.

(4)

Shopping centers.

(5)

Residential developments of multiple or mixed housing.

(6)

Any appropriate combination of uses which may be planned, developed and operated as integral land use units by a single owner or combination of owners.

(Ord. No. 94-1097, § 6-901, 9-26-1994)

(a)

An application for a planned development district may be made to the city planning and zoning commission in the same manner that an application for any amendment to the zoning ordinance is made.

(b)

The city council of the city, after recommendation by the city planning and zoning commission and after public hearing and proper notices to all parties affected may authorize the creation of a planned development district on sites of five acres or more to accommodate various types of developments and combinations of developments as enumerated in the preceding paragraph.

(Ord. No. 94-1097, § 6-902, 9-26-1994)

A planned development district may be approved for any uses or combination of uses listed hereunder. The uses permitted in any specific planned development district shall be enumerated in the ordinance establishing such district.

(1)

Airport or landing field, bus station and terminal; hauling and storage company; heliport, motor freight terminal.

(2)

Commercial outdoor amusements, commercial indoor amusement; country club, private membership, club, private business fairgrounds, golf course, commercial, golf course, public, park or playground, public, recreation club or area, private, rodeo, enclosed building theatre, billiard parlor.

(3)

Animal clinic or household pets hospital.

(4)

Antique shop, enclosed, food store, bakery or retail confectionery shop, book and stationery store, camera shop, cigar, new tobacco store, hardware and sporting goods, hobby shop and art supply store, paint and wall paper store, retail stores and shops other than listed, tool rental.

(5)

Apartment accessory uses.

(6)

Art needlework, barbershop and beauty shop, cleaning shop, small customs shop, cleaning shop, commercial, custom sewing and millinery, handicraft, ceramic sculpture or similar art work, hand weaving, health studio.

(7)

Auto laundry, auto glass, muffler and seat cover shop, auto parts and indoor only accessory sales, indoor display auto sales , auto sales or outdoor display storage auto repair garage, auto painting or body rebuilding shop, parking, commercial lot or garage, motor vehicle fuel service station.

(8)

Bank or savings and loan office, clinic, medical or dental, laboratory, medical or dental, laboratory, scientific testing, medical appliance fittings and sales, office, professional or general business, optical shop, studio, artist, studio, drama, speech or dance, or music, studio, display of arts and decorator's objects, studio, recording and broadcasting.

(9)

Boardinghouse or roominghouse.

(10)

Cemetery or mausoleum.

(11)

Church or rectory.

(12)

College, university or private school.

(13)

Community center.

(14)

Community unit development (conforming housing), community unit development (variable housing).

(15)

Convent or monastery.

(16)

Day nursery or kindergarten, day camp.

(17)

Eating place without drive-in or curb service, eating place with dancing or entertainment, private club with dining and bar service.

(18)

Electrical substation, electrical energy generating plant, electrical transmission line, fire station, gas line and regulating station, local utilities line, local transit station or turn around, radio or television or microwave tower, commercial radio or television transmitting station, sewage treatment plant, telephone exchange, switching and transmitting equipment only, telephone business office, utilities installation, public or private, not listed, water stand pipe or elevated storage, water reservoir well or pumping station, water treatment plant.

(19)

Fix-it shop and appliance repair, furniture repair and upholstery, job printing, laboratory, manufacturing, lumberyard, lithographer or printing plant, monument sales yard, visual screen open storage, petroleum projects, storage and wholesale, plumbing shop, maintenance and no outside storage home repair shop, contractor's or maintenance yard.

(20)

Garden shop and plant sales, display or greenhouse, small animals and birds pet shop, no hospital veterinarian's office.

(21)

Home occupation.

(22)

Hotel or motel.

(23)

Institution for care of alcoholic, narcotic or psychiatric patient, general acute care hospital, chronic care hospital, institution of religious, charitable, or philanthropic nature, library, art gallery, or public museum, nursing home or residence home for the aged.

(24)

Key shop, laundry or self-service dry cleaning, laundry, commercial, laundry cleaning pickup and receiving station, photography studio, shoe repair, tailor, travel bureau, upholstery.

(25)

Light manufacturing and industrial uses, heavy manufacturing and industrial uses.

(26)

Off-street parking, incidental to main use.

(27)

One-family dwelling, detached, one-family dwelling, attached, two-family dwelling, multiple-family dwelling.

(28)

Sand, gravel or sale and storage earth, warehouse or covered storage.

(29)

Servant or caretaker's quarters.

(30)

Swimming pool, private.

(31)

School, public or denominational.

(Ord. No. 94-1097, § 6-903, 9-26-1994; Ord. No. 21-1253, § 2(k), 6-28-2021)

The maximum height, lot width, lot depth, floor area, lot area, and maximum off-street parking and loading requirements for uses proposed shall be established for each planned development district, and such standard and requirements shall comply with or be more restrictive than the standards established for the specified type uses in the particular districts in which they would ordinarily be permitted under this chapter.

(Ord. No. 94-1097, § 6-904, 9-26-1994)

In approving the development planned and the ordinance establishing the planned development district, the city council shall, after recommendation of the planning and zoning and commission, specify such maximum height, floor area, density, and minimum off-street parking and loading standards within the limits of those specified in the districts for the specified in the districts for the specified uses involved as is appropriate for the development. The city council shall, after recommendation of the city planning and zoning commission, establish the standards for yards, signs, building spacing, site coverage, access, screening walls or landscaping, building area, open space, pedestrian ways, public or private streets and alleys to be observed in the planned development district and such standards shall be specified in the ordinance establishing the district.

(Ord. No. 94-1097, § 6-905, 9-26-1994)

(a)

An application for a planned development district shall, if the applicant desires or the city planning and zoning commission or the city council requires, be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The 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.

(b)

Where a development schedule has been required, the zoning administrator shall report annually to the city planning and zoning commission the actual development accomplished in the various planned development districts as compared with the development schedule.

(c)

The city planning and zoning commission, if in its opinion the owners of property are failing or have failed to meet the approved schedule, may initiate proceedings under article II, division 4 of this chapter 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 schedules as may be indicated by the facts and conditions of the case.

(Ord. No. 94-1097, § 6-906, 9-26-1994)

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 in the zoning district map and shall be processed as required in article III, division 1 of this chapter; 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 increased, 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 zoning administrator. Any applicant may appeal the decision of the zoning administrator to the city planning and zoning commission for review and decision as to whether an amendment to the planned development district ordinance shall be required.

(Ord. No. 94-1097, § 6-907, 9-26-1994)

(a)

A scale drawing of any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes, and 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 feet, or spot grades where the relief is limited.

(b)

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

(c)

Where building complexes are proposed, a site plan showing the location of each building and a 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 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 buildings 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 loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a 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 ensure 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, wood areas to be retained, lawns and gardens if such are determined to be necessary by the city planning and zoning commission.

(g)

Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the planning and zoning commission and interpretation by the building inspector.

(h)

Every planned development district approved under the provisions of the article shall be considered as an amendment to this chapter 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.

(Ord. No. 94-1097, § 6-907, 9-26-1994)

In order to encourage reasonable flexibility of design and arrangement in organizing and developing residential communities and neighborhoods, provisions are herein contained for the approval of community unit developments in accordance with the following standards.

(Ord. No. 94-1097, § 6-908, 9-26-1994)

Two types of community unit development may be approved as follows:

(1)

Community unit development with conforming housing. Wherein the types of dwelling standards conform to those permitted in the district in which one community unit is located.

(2)

Community unit development with variable housing. Wherein the types of dwelling structures may vary from those permitted in the district in which the community unit is located such as apartments or townhouses in a single-family residential district.

(Ord. No. 94-1097, § 6-909, 9-26-1994)

(a)

Where a community unit development includes only conforming types of housing, the development may be approved by the planning and zoning commission as a subdivision or as a site plan in accordance with the subdivision control ordinance set forth in chapter 42.

(b)

When a community unit development includes variable housing, the approval of the development shall be by specific use permit in accordance with the requirements of section 50-475. Such specific use permit shall specify appropriate standards by reference to a particular zoning district.

(Ord. No. 94-1097, § 6-910, 9-26-1994)

(a)

The overall density in square feet of site area per dwelling unit or room shall conform to the density prescribed for the district in which the community unit development is located, as in case of variable housing, to the district referred to by the specific user permit.

(b)

The minimum lot depth, lot width and lot or site area per dwelling unit or room may be reduced not to exceed 25 percent from the standards prescribed for the district in which the community unit development is located, as in case of variable housing, to the district referred to by the specific user permit.

(c)

The minimum lot depth, lot width and lot or site area per dwelling unit or room may be reduced not to exceed 25 percent from the standards prescribed for the district in which the community unit development is located or as established in the specific use permit, provided permanent community open space sufficient to compensate for the reduced individual lot or site sizes to meet the overall density requirements of the district is incorporated in the development.

(d)

The nature and method of establishing the permanent open space provided in a community unit development such as park and playground sites that are wider than required, streets and alley, community center, parkway, golf course or water area shall be subject to approval by the city council after recommendation of the city planning and zoning commission.

(e)

The minimum front, side and rear yard and building spacing standards prescribed for dwelling structures in the district in which the community unit development is located or which are referred to in the specific use permit shall be served.

(Ord. No. 94-1097, § 6-911, 9-26-1994)

Chimneys, water towers, penthouses, scenery lofts, sugar refineries, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenance may be erected as to their height in accordance with existing or hereafter adopted ordinance of the city.

(Ord. No. 94-1097, § 6-1001, 9-26-1994)

On through lots 150 feet or less in depth, the height of a building maybe measured from the curb level on either street. On through lots more than 150 feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 150 feet from the street.

(Ord. No. 94-1097, § 6-1002, 9-26-1994)

Where the frontage on one side of a street in the same block is zoned for two classes of districts, the setback on the most restricted district shall apply to the entire block.

(Ord. No. 94-1097, § 6-1003, 9-26-1994)

In all districts where a building is erected or structurally altered for dwelling purposes, there shall be a rear yard having a depth of not less than 25 feet.

(Ord. No. 94-1097, § 6-707, 9-26-1994; Ord. of 7-28-2008, § 6-707; Ord. No. 16-1223, § 2, 8-8-2016)

(a)

For the purpose of side yard regulations, two or more detached one- or two-family dwellings shall be considered as one building when occupying one lot; provided, however, there shall be a minimum of ten feet between the sides of the building on the same lot.

(b)

In the case of group houses or court apartments, when buildings rear upon the side yard, the width of the side yard shall be increased by one foot per each building or apartment abutting thereon. If any stairway open onto or is served by such side yard, the minimum width of such side yard shall be ten feet.

(c)

The width of a place or court shall be not less than 40 feet measured between the buildings or from buildings to the opposite property line, provided that open or unenclosed porches may project into the required place or court not more than 20 percent of the width of such place or court.

(d)

All other requirements including front, side or rear yards shall be complied with in accordance with the district in which group houses or court apartments are located, except as provided for in sections 50-533, 50-534 and this section.

(e)

Where a building line has been established by ordinance and such line requires a greater or lesser front yard set back than is prescribed by this article for the district in which the building line is located, the minimum required front yard shall comply with the building line so established by such ordinance.

(f)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices, etc.; provided, however, the above projections shall not extend into a court more than 24 inches nor into a minimum side yard more than 24 inches.

(g)

The side and front yard requirements for dwelling shall be waived where dwellings are erected above stores and shops.

(h)

On corner lots the side yard regulations shall be the same as for interior lots except on the street side in which case there shall be a side yard of 15 feet minimum and in the case of side street or reversed frontage (where corner lot faces an intersecting street) in which case there shall also be a side yard on the street side equal to the front yard line on the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street, and of record at the time of passage of the ordinance to less than 28 feet.

(Ord. No. 94-1097, § 6-1005, 9-26-1994; Ord. No. 21-1253, § 2(l), 6-28-2021)

On any lot held under separate district ownership from adjoining lots at the time of passage of this article, such separately owned property being of record at the time, a single-family dwelling may be erected even though the lot be of less area than required by the regulations relating to lot area in the district in which it is located; provided, however, that in any event the combined area of the dwelling and accessory building shall not cover more than 40 percent of the total area of the lot.

(Ord. No. 94-1097, § 6-1006, 9-26-1994)

The following regulations shall apply to all accessory buildings:

(1)

An accessory building is not permitted as a standalone without a building structure located on the property.

(2)

Size and number of accessory buildings allowed:

a.

Lots 7,500 square feet or smaller—One accessory building not to exceed 250 square feet.

b.

Lots 7,501 square feet to less than 18,000 square feet—Two accessory buildings with an aggregate total not to exceed 500 square feet.

c.

Lots 18,000 square feet or larger—Two accessory buildings with an aggregate total not to exceed 800 square feet.

d.

Farms may seek a special permit for a farm accessory building or stable which may not exceed two percent of the lot size or located nearer than 100 feet from property line.

(3)

It shall be unlawful to locate, install, erect, or construct an accessory building without first obtaining a permit from the city. Violation for failure to obtain a permit will result in a penalty which is two times the permit fee that shall be paid in addition to the required permit fee.

(4)

The area of the accessory building and building structure shall not exceed 40 percent of the property area.

(5)

An accessory building must be located in the rear of the property, behind the building structure and no closer than ten feet from the main structure on the property.

(6)

An accessory building is limited to one single story and may not have a height which exceeds the height of the main structure with a maximum height at the tallest point of the installed accessory building of 14 feet measured from ground level.

(7)

An accessory building may not be used for operation of a business or home occupation.

(8)

An accessory building may not be used for dwelling purposes.

(9)

An accessory building may not be used for rental purposes or barter exchange.

(10)

An accessory building may be furnished with utilities and a bathroom but may not be separately metered from the main building on the property;

(11)

No trailers, containers, commercial boxes or other similar structures shall be used as storage or accessory buildings;

(12)

The city manager may authorize a temporary field or construction office permit for an accessory building or portable building on a property provided such use is solely for construction purposes and such building is removed from the property after completion of construction of the project not later than the date designated by the city manager;

(13)

No part of the accessory building, including any roof overhang, shall be permitted within any setback areas of the property nor within three foot of an easement line.

(14)

No accessory building may be placed so as to negatively impact drainage on any adjacent lot by diversion or impoundment of storm water flows.

(Ord. No. 21-1253, § 2(m), 6-28-2021)

(a)

An outdoor kitchen is defined as an area containing affixed appliances designated for preparation, cooking, or serving of food items at an outdoor site. The outdoor kitchen site includes the patio, bars and other similar structural amenities used for cooking or serving operations.

(b)

It shall be unlawful to locate, install, erect, or construct an outdoor kitchen without first obtaining a permit from the city. Violation for failure to obtain a permit will result in a penalty which is two times the permit fee that shall be paid in addition to the required permit fee.

(c)

No outdoor kitchens or outdoor kitchen site including any overhead roof or structure shall encroach into the setback.

(d)

All outdoor kitchens shall be constructed according to manufacturer requirements including ventilation, clearance and other requirements for protection from outdoor environmental factors.

(Ord. No. 23-1273, § 2, 3-27-2023; Ord. No. 24-1282, § 3, 8-26-2024)

(a)

It shall be unlawful to locate, install, erect, or construct a carport or other similar accessory structure without first obtaining a permit from the city. Violation for failure to obtain a permit will result in a penalty which is two times the permit fee that shallbe paid in addition to the required permit fee.

(b)

No part of a carport or other similar accessory structure, including supports, extensions or roof eave overhang, may encroach into the setback areas. The height of a carport or other similar accessory structure shall not exceed the height of the main structure with a maximum height at the tallest point of the installed carport or other similar accessory structure of 14 feet measured from ground level.

(c)

Carports or other similar accessory structures may not be enclosed with the exception of one shared wall if installed adjacent to a primary or accessory building structure.

(Ord. No. 23-1274, § 2, 3-27-2023; Ord. No. 24-1282, § 4, 8-26-2024)