1. Divides the City into zoning districts;
2. Sets out which land uses are allowed by right (permitted), allowed subject to special processes (conditional), and not allowed (prohibited) in each zoning district.

1. Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the center line of the rights-of-way or easement. Where the location of these features on the ground differs from that shown on the Official Zoning Map, the features on the ground control.
2. Corporate Limits. Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries.
3. Section Lines. Where district boundaries are indicated as approximately following section lines, quarter section lines, or quarter-quarter section lines, such lines shall be considered the district boundaries.
4. Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries.
5. Watercourses. Boundaries shown as following, or approximately following, the centerline of drainage ways, streams, water bodies, or other watercourses shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.
6. Unsubdivided Land or No Identifiable Feature. On unsubdivided land, or where a district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:
   1. Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries.
   2. Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the Zoning Map, if any.
   3. Map Scale. The boundary shall be located using the map scale appearing on the Zoning Map.
7. Vacation or Abandonment. Where a public street, alley, or parcel of land is officially vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street or alley.

1. Regardless of their lot area or lot width, all lots zoned NC that existed as of the effective date of this UDC are conforming, provided they contain an existing, permanent single-family detached (including modular or manufactured homes), attached, or multi-family dwelling.
2. As shown in Table 2-2-1.03, NC Sub-District Land Uses, the minimum lot width and minimum and maximum lot area of each sub-district apply after the effective date of this UDC to all property zoned NC, which includes:
   1. Further subdivision of already platted tracts;
   2. Subdivision of un-platted property, limited to no more than two acres;
   3. Consolidation of lots zoned NC that occurs after the effective date of this UDC; and
   4. Lots that have been vacant for a period of at least six months.

1. Those that were not constructed in compliance with the development regulations that existed at the time of construction, or those amended by the City prior to the effective date of this UDC;
2. Those that were constructed without the required permits; and
3. Those that were constructed in violation of the permit requirements.

1. Parking demand;
2. Average daily and peak hour trip generation (cars and trucks);
3. Impervious surface;
4. Regulated air or water emissions;
5. Noise;
6. Lighting;
7. Dust;
8. Odors;
9. Solid waste generation;
10. Potentially hazardous conditions, such as projectiles leaving the site;
11. Use and storage of hazardous materials;
12. Character of buildings and structures;
13. Nature and impacts of operation; and
14. Hours of operation.

1. Article 3-1, Development Yield and Lot Standards;
2. Chapter 4, Design Standards;
3. Article 5-1, Subdivision Design and Land Development;
4. Article 5-2, Streets, Sidewalks, Trails, and Utilities;
5. Article 5-3, Floodplain Management and Flood Damage Prevention;
6. Article 5-4, Storm Water Management;
7. Division 6-1-5, Exterior Lighting Standards;
8. Chapter 7, Parking, Loading, and Access; and
9. Chapter 8, Landscaping and Buffering.

1. The proposed conditional use in its proposed location will not conflict with the implementation of current adopted plans of the City, including but not limited to the Comprehensive Plan.
2. The conditional use is compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar conditional uses that is likely to tend to discourage permitted uses by making the vicinity less desirable for them).
3. There is no practicable alternative location where the use is permitted by right within the general vicinity of the parcel proposed for development, or, if such a location exists, the proposed location is comparable or more favorable in terms of:
   1. Providing a needed community service;
   2. Providing a critical mass of related and mutually supportive land uses that promote quality economic development and opportunity;
   3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; and
   4. Making more efficient use of public infrastructure.

Residential and Commercial Use of the Home

1. Bed and Breakfast Homes are permitted if it is demonstrated that:
   1. Lodging will occur only in the primary residence or in a guesthouse or accessory dwelling that existed on the effective date of this UDC;
   2. The principal use of the home is as a single-family residence, with an accessory use for temporary or overnight lodging and, if meals are provided, they are served only to residents and overnight guests;
   3. There will be no preparation of food for catering events on or off the premises;
   4. Employees are restricted to residents of the dwelling;
   5. The business will be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence;
   6. All off-street parking shall comply with the provisions of Chapter 7, Parking, Loading, and Access, and shall be fully screened from the view of the public and adjacent properties with a berm, solid fence, and/or hedge; and
   7. Signage will be limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that must be affixed securely and flat against a wall of the home.
2. Family and Group Day Care Homes are permitted, provided it is demonstrated that:
   1. The following requirements apply to Registered Child Care Homes and Licensed Child Care Homes:
      1. The applicant must reside on the premises.
      2. The day care facility shall be clearly secondary to the residential use.
      3. The child care facility shall meet State childcare registration and licensing requirements.
      4. The application shall be signed by the property owner or the applicant shall provide a letter of authorization from the property owner.
      5. Fire and sanitary inspections.
      6. At least two parking spaces shall be available on site in front of the dwelling that do not interfere with the driveway.
      7. Outdoor play areas are enclosed by a fence that is at least six feet in height.
      8. The use shall be accessed by a public street.
   2. Permit duration and renewal.
      1. A conditional use permit pursuant to this Section shall expire within one year.
      2. Application for renewal shall be made 30 days before permit expiration.
      3. Renewals shall be reviewed as original applications for the first year after the original approval.
      4. Conditional use approvals are not transferable from one licensee to another.
3. Home businesses are permitted, provided it is demonstrated that:
   1. Specifically prohibited home business uses include, but are not limited to:
      1. Animal hospitals;
      2. Beauty and barber shops, except with a conditional use permit;
      3. General retail sales;
      4. Mortuaries;
      5. Repair shops or service establishments including major electrical appliance repair, motorized vehicle repair, and related uses;
      6. Stables or kennels; and
      7. Welding, vehicle body repair, or rebuilding or dismantling of vehicles.
   2. The home business does not occupy more than 50 percent of the dwelling's gross floor area or 800 square feet, whichever is less, which shall exclude the floor area of an attached or detached garage or an accessory dwelling unit.
   3. No stock-in-trade will be displayed or sold upon the premises.
   4. No more than two persons other than members of the immediate family residing in the dwelling unit will be employed on the site of the home business.
   5. No alterations will be made to the building that changes the residential character or appearance of the dwelling to accommodate the home business.
   6. Mechanical or electrical equipment supporting the home business shall be limited to that which is self-contained within the structure and normally used for office, domestic, or household purposes.
   7. There will be no outdoor display or storage of goods, materials, merchandise, or equipment related to the home business that is visible from the exterior of the dwelling unit.
   8. The business will not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one ton step-up vans, or similar-sized trucks that are less than 10 tons gross vehicle weight.
   9. Parking or storage of heavy commercial vehicles to conduct the home business is prohibited.
   10. Parking needs generated by a home business shall be satisfied with off-street parking. No more than three vehicles used in connection with any home business shall be parked on the property. No more than two on-street parking spaces shall be used by the home business at any one time.
   11. The business will not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.
   12. The home business does not discharge into any sewer, drainage way, or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.
   13. The business will not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes.
   14. The business will be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
   15. All off-street parking will comply with the provisions of Chapter 7, Parking, Loading, and Access, and will be fully screened from the view of the public and adjacent properties with a berm, solid fence, and/or hedge.
   16. Signage will be limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that must be affixed securely and flat against a wall of the home.
   17. The business will be operated in accordance with all applicable laws and, if a state permit is required, such permit shall be obtained prior to beginning operation.
4. Home occupations are permitted, provided it is demonstrated that:
   1. Specifically prohibited home business uses include, but are not limited to:
      1. Animal hospitals;
      2. Beauty and barber shops, except with a conditional use permit;
      3. General retail sales;
      4. Mortuaries;
      5. Repair shops or service establishments including major electrical appliance repair, motorized vehicle repair, and related uses;
      6. Stables or kennels; and
      7. Welding, vehicle body repair, or rebuilding or dismantling of vehicles.
   2. The occupation will not exceed more than 25 percent of the gross floor area of the principal building or 400 square feet, whichever is less, which shall exclude the floor area of an attached or detached garage or an accessory dwelling unit.
   3. The occupation will be managed and owned by a person residing in the dwelling unit.
   4. The occupation will not employ on-site any person other than a member of the immediate family living in the structure.
   5. No alteration will be made to the building that changes the residential character or appearance of the dwelling to accommodate the home occupation.
   6. Mechanical or electrical equipment supporting the home occupation shall be limited to that which is self-contained within the structure and normally used for office, domestic, or household purposes.
   7. There will be no outdoor display or storage of goods, materials, merchandise, or equipment related to the home occupation that is visible from the exterior of the dwelling unit.
   8. There will be no signage or any other visible indication relating to the home occupation.
   9. The occupation will not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one ton step-up vans, or similar-sized trucks that are less than 10 tons gross vehicle weight.
   10. Parking needs generated by a home occupation shall be satisfied with off-street parking. No more than one vehicle used in connection with any home occupation shall be parked on the property. No more than two on-street parking spaces shall be used by the home occupation at any one time.
   11. The occupation will not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.
   12. The occupation does not discharge into any sewer, drainage way, or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.
   13. The occupation will not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes.
   14. The occupation will be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
   15. The occupation will be operated in accordance with all applicable laws and, if a state permit is required, such permit shall be obtained prior to beginning operation.
5. Industrialized Housing / Modular Homes are permitted, provided it is demonstrated that:
   1. Industrialized housing must be constructed to meet or exceed the requirements and standards of the Texas Industrialized Housing and Buildings (IHB) program.
   2. Industrialized housing erected or installed in Magnolia must be constructed to meet or exceed the requirements and building code standards of the City.
   3. Industrialized housing that is erected or installed in the extraterritorial jurisdiction (ETJ) must be constructed to meet or exceed the requirements and standards Texas Industrialized Housing and Buildings (IHB) program.
   4. The building official shall inspect all construction involving industrialized housing to be located in the City to ensure compliance with designs, plans, and specifications, including inspection of the construction of the foundation system and the erection and installation of the modules or modular components on the foundation.
   5. In accordance with Sec. 1202.253, Municipal Regulation of Single-Family and Duplex, Chapter 1202, Industrialized Housing and Buildings or the Texas Occupations Code, single-family and duplex industrialized housing shall:
      1. Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;
      2. Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
      3. Comply with the City’s aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, landscaping, and other site requirements applicable to single-family dwellings; or
      4. Be securely fixed to a permanent foundation.

Institutional Uses

6. Public Assembly Facilities are permitted if it is demonstrated that:
   1. The use existed as a place of public assembly on the effective date of this UDC.
   2. Parking will be provided on-site and without requiring parking on contiguous or noncontiguous parcels.
   3. The use will be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
   4. The use has a minimum site area that is the greater of:
      1. Four times the minimum lot size of the respective district.
      2. The following minimum site areas:
         1. School: 10 acres
         2. Places of worship, libraries, or museums: 3 acres
   5. Expansion to abutting lots or parcels meets the following criteria and standards:
      1. The applicant controlled the property onto which the expansion is proposed on the effective date of this UDC.
      2. It will allow the use to take access from a collector or arterial roadway.
      3. It will involve the installation of a Type B bufferyard between the use and abutting residential uses, unless equivalent buffering is already provided.
      4. The expansion will not involve the location of buildings or parking within 50 feet of residential property.
   6. Within the UP District, the use shall:
      1. Provide adequate on-lot, on-street, or private off-street parking (via ownership or private agreements) within 300 feet of the place of public assembly.
      2. Not place material demands upon the on-street or public parking during peak demand hours for retail, restaurant, and other commercial uses.

Manufactured Home Parks

7. Manufactured Home Parks are permitted if it is demonstrated that:
   1. The park is maintained on a well-drained site and properly graded.
   2. The placement of the manufactured home shall be in accordance with Section 3-1-1.03, Established Neighborhoods.
   3. No manufactured home shall be placed within 25 feet of the curb or street right-of-way line, nor within 10 feet of the side or back street or property line.
   4. Only manufactured homes or HUD-Code manufactured homes shall be allowed into the park.
   5. The manufactured home shall be properly supported, blocked, leveled, secured and anchored and shall be in accordance with the rules and regulations of the Texas Department of Labor and Standards in force and effect at the time of installation.
   6. All manufactured homes must obtain a permit within five days of location to the park.
   7. All utility lines shall be underground.
   8. All utility services shall be provided to the manufactured home.
   9. All parks shall have a business office.
   10. A minimum of one fire hydrant per 10 manufactured homes shall be provided.
   11. All streets shall be paved with curb and gutter.
   12. Each manufactured home park shall provide a bufferyard along its perimeter.
   13. Each boundary of the manufactured home park shall be a minimum of 200 feet from any permanent residential building located outside the park.
8. Recreational Vehicle Park shall conform to the following requirements:
   1. Recreational Vehicle Park:
      1. Located on a properly drained site and graded.
      2. Twenty percent of the parking spaces shall be a minimum of 18 feet by 50 feet. There must be at least a 10 foot clearance between adjacent rows of parking spaces.
      3. Private streets shall be provided at a minimum width of 24 feet and hard surfaced.
      4. The park shall comply with ADA standards.
      5. The park shall provide four toilets, lavatories or wash basins and shower or bathtub facilities for every 100 sites with one additional bathroom facility for each 100 sites or fraction thereof.
      6. Each toilet room shall provide a sewer dump station outside.
      7. Bathroom facilities shall not be located more than 300 feet from each recreational vehicle site.
      8. Hard surfaced walkways of not less than 36 inches wide shall be provided from the recreational vehicle space or from the streets.
      9. All streets and walkways shall be lighted at night.
      10. Surface buildings shall be permanent structures with all electrical, plumbing, gas, and mechanical services.
   2. Recreational Vehicle Stands and Pads:
      1. Improved with compacted crushed road base material and asphalt or concrete adequate to support the weight of a recreational vehicle.
      2. Do not shift, heave, or settle unevenly under the weight of a recreational vehicle.
      3. Each stand or pad shall be equip with water, sewer, and electrical hook-ups and conform to all applicable City codes and ordinances. No side-by-side hook-ups are allowed.
   3. Refuse Collection. Refuse collection containers shall comply with Section 2-3-2.01, Refuse Containers. Each recreational vehicle park shall provide a minimum of two dumpsters for the first 100 sites with one additional dumpster for each 100 sites, or fraction thereof.

Recreation and Amusement Uses

9. Outdoor Commercial Amusement facilities are permitted if it is demonstrated that:
   1. The use is located at least 600 feet from residential districts and uses.
   2. The use is separated from all residential property by a Type B bufferyard.
   3. Events are limited such that noise levels attributable to the use at the closest residential district or use does not exceed:
      1. 70 dBA between the hours of 10:00 a.m. and 9:00 p.m.;
      2. 60 dBA between the hours of 9:00 p.m. and 11:00 p.m.; and
      3. 40 dBA between the hours of 11:00 p.m. and 10:00 a.m.
   4. The reduction of noise level that is required at 9:00 p.m. may be extended to 11:00 p.m. for up to three events per calendar year and to 12:30 a.m. for one event per calendar year with prior permission of the Administrator, provided that the event(s) occur on a Friday or Saturday evening or on a Federal holiday.
10. Adult Businesses are permitted if it is demonstrated that:
    1. An adult business complies with all provisions of Chapter 66, Sexually Oriented Businesses (SOBs) of the Municipal Code.
    2. An adult business is operated in a location that is permitted by this UDC, as amended from time to time and subject to approval by the City.
    3. No adult business shall be open for business between the hours of 1:00 a.m. and 6:00 a.m.
    4. No adult business shall be located within 1,000 feet of the following:
       1. Boundary of any residential district;
       2. Single-family, single-family attached, or multi-family dwelling unit;
       3. Publicly designated park owned or controlled by a municipality or special district that is available for use by the general public;
       4. Family home;
       5. Place of public assembly; and
       6. Another adult business.

       For the purpose of the above provision, measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of the adult business to the point on the property line of another business or a school, public assembly facility, public park, or a residential district or use which is closest to the main entrance of the adult business.

    5. No adult business employee is under 21 years of age.
    6. No merchandise or services are furnished to any person who is under 18 years of age.
    7. The adult business is not conducted in any manner that permits the observation of models or any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use.
    8. No operator of an adult business or any officer, associate, member, representative, agent, owner, or employee engages in any activity or conduct or permits any other person to engage in any activity or conduct in or about the premises which is prohibited by this UDC or any laws of the state of Texas or the United States.
    9. No part of the interior of the adult business is visible from any pedestrian sidewalk, walkway, street, or other public or semipublic area.
    10. The adult business has a sign posted at the entrance of the premises which states the nature of the business and states that no one under the age of 18 years of age is allowed on the premises. The sign shall comply with Chapter 6, Signs and Lighting. This provision shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.
    11. It is unlawful to cause or permit the operation or maintenance of more than one adult business in the same building, structure, lot, parcel, or portion thereof regardless of whether such businesses would be owned or operated by the same owner or lessee.
    12. No adult use will be permitted to operate as an accessory to an otherwise permitted use for a particular use unless it is permitted by this Code; and
    13. The adult business is operated, conducted, and maintained consistent with the provisions of this UDC. If operated, conducted, or maintained in conflict with the provisions of this UDC, the adult business shall be declared to be unlawful and a public nuisance, whereby the City Attorney may, in addition to or in lieu of prosecuting a criminal action under this UDC, commence an action or actions, proceeding or proceedings, for the abatement, removal, or enjoinment of the adult business, in the manner prescribed by law, and shall take other steps and shall apply to a court or courts as may have jurisdiction to grant relief as will abate or remove the establishment and restrain and enjoin any person from operating, conducting, or maintaining an adult business contrary to the provisions of this UDC.

Commercial Uses

11. Heavy Retail, Lumberyards and Equipment Sales are permitted if it is demonstrated that:
    1. Vehicular access is via a collector or arterial street or highway.
    2. The use is located such that truck traffic can access a collector or arterial street or highway without traveling on public right-of-way within or adjacent to any residential district or use, or adjacent to any park or recreational area or facility. A truck routing plan is required.
    3. Outside storage areas:
       1. Will be limited to no more than 30 percent of the gross floor area of the principal building.
       2. Will be located in the side or rear yard, provided they do not abut a residential district or use.
       3. Will not be used for storage of solid or liquid waste, inoperable machinery or vehicles, or materials that generate dust or attract pests.
       4. Will be on an improved hard surface.
       5. Will be enclosed by an approved fence or wall (see Section 2-3-4.02, Fences and Walls) when directly adjacent and attached or abutting the principal building with a minimum height equal to that of the stored and/or displayed materials and in no case shall exceed the height of the principal building.
       6. Will not contain stacked or displayed materials that exceed the height of the fence or wall.
       7. Will not reduce the required minimum parking required (see Chapter 7, Parking, Loading, and Access).
    4. The use is surrounded by a Type B bufferyard.

Industrial Uses

12. Heavy Industry is permitted if it is demonstrated that:
    1. The use is located at least 500 feet from a residential district or use.
    2. All industrial activities will take place entirely within an enclosed building unless the activity is greater than 500 feet from a residential district or use and is not within view of public street rights-of-way.
    3. Vehicular access is via a collector or arterial street or highway.
    4. The use and/or industrial district is surrounded by a Type B bufferyard.
    5. The use will not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.
    6. Outside storage areas:
       1. Will be limited to no more than 50 percent of the gross floor area of the principal building.
       2. Will be located in the side or rear yard, provided they do not abut a residential district or use.
       3. Will not be used for storage of solid or liquid waste or materials that generate dust or attract pests.
       4. Will be enclosed by an approved fence or wall (see Section 2-3-4.02, Fences and Walls) with a minimum height of six feet.
       5. Will not contain stacked or displayed materials that exceed the height of the fence or wall.
       6. Will not reduce the required minimum parking required (see Chapter 7, Parking, Loading, and Access).
13. Self-Storage is permitted if it is demonstrated that:
    1. The minimum size of a self-storage facility is one acre.
    2. Activities within the facility shall be limited to the rental of storage cubicles or garages and the administration and maintenance of the facility.
    3. All storage must be within enclosed buildings and shall not include the storage of hazardous materials.
    4. No storage buildings may open into required front yards adjacent to public street right-of-way or any abutting district.
    5. All driveways within the facility shall provide an improved hard surface with a minimum width of 30 feet.
    6. Fencing and gates will be constructed of decorative metal. Barbed wire and chain-link fencing will not be installed.
    7. The internal circulation system will provide for continuous traffic flow that avoids conflicts between vehicles. Where cul-de-sacs are necessary, they shall have a radius of at least 50 feet.
    8. Buildings will be designed as follows:
       1. Building elements will not function as signage;
       2. No one-story building elevation that is visible from a property line will be more than 50 feet in width unless there is an offset in the wall plane of at least three feet.
    9. The use will be designed according to the requirements below, based on the alternatives that are allowed by Table 2-2-1.05, Alternative Designs for Self-Storage.