An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. However, an accessory use is not permitted until such time as a principal use is established.

(Ord. No. 1130, art. III, § 2, 11-3-1998)

(a)

Certain uses because of their nature and locations are not always appropriate for categorizing into specific zoning districts. To provide for the proper handling and location of such specific uses, provision is made in this chapter for the granting of a permit for a specific use in a specific location.

(b)

The city council shall approve, deny, or conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semipublic character which are often essential or desirable for the general convenience and welfare of the community. Due to the nature of the use, the importance of the use's relationship to the comprehensive plan, or possible adverse impact on neighboring properties of the use, review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed use are required. A specific use permit shall not be requested, approved or conditionally approved as a substitute for rezoning when rezoning the property in question would be appropriate under this chapter.

(Ord. No. 1130, art. III, § 3, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

(a)

Applicability. A temporary structure is one which is used for a limited period of time. It may be manufactured on site or off site, but is temporary in nature, and only used until a permanent structure can be constructed or refurbished, or until the shortterm need is fulfilled. All temporary structures shall be required to comply with this section.

(b)

Permits. No temporary structure may be constructed on site, or brought on site, until a building permit for its construction and siting has been issued.

(c)

Time limit. The time limit for all temporary structures shall be 90 days, except for on-site construction offices and batching plants which shall be limited to the time required for the actual on-site construction of the structure or facility, or one year, whichever is less. Any further extension shall require city council approval.

(Ord. No. 1130, art. III, § 4, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

(a)

Historic overlay district permitted uses. The historic overlay district allows any use which is provided for in the underlying district, provided it will not result in the diminution of the designated historic structure as provided for in article II of chapter 50 pertaining to historic preservation. Regardless of the underlying district, a detached single-family dwelling or two-family dwelling under the historic overlay district may always be used for the dwelling's original intended use or purpose.

(Ord. No. 1130, art. III, § 5, 11-3-1998; Ord. No. 1350-2-04, 2-3-2004)

(a)

Permitted uses. The following uses shall be permitted within that portion of a district which is designated as being within a floodplain by the floodplain administrator, provided they are allowed in the underlying zoning, and that they meet any additional requirements established in this chapter and in the city's floodplain regulations in article II of chapter 42:

(1)

Agriculture. Agricultural activities including the ordinary cultivation of land or legal forms of animal husbandry.

(2)

Parking. Off-street parking incidental to any adjacent main use.

(3)

Utilities. Electrical substation and all types of local utilities

(4)

Parks and recreation. Public or private parks, community centers, playgrounds, public golf courses.

(5)

Private recreation. Private commercial open area amusements such as golf courses, driving ranges, archery courses and similar uses when approved by a specific use permit.

(6)

Private open space. Private open spaces as part of a planned development (PD) district.

(b)

Dumping, excavating or filling floodplain. Any dump, excavation, storage or filling operation within that portion of a district having a floodplain designation shall be approved in writing by the city engineer before such operation is begun, except that such approval shall not be required for the improvement or repair of levees or drainage facilities related thereto when such are located within a legally constituted district charged with such responsibility.

(c)

Local flooding may occur in other areas. The fact that land or property is or is not within a district having a floodplain designation shall not constitute assurance that such land or property is not subject to local flooding, and the designation of floodplain in this chapter shall not be so interpreted.

(Ord. No. 1130, art. III, § 6, 11-3-1998)

Cross reference— Floods, ch. 42.

Use of land zoned residential shall be limited to residential activities as determined by sections 118-273 and 118-301 through 118-305. Residential land shall not be used for land use activities associated with adjacent commercial and/or industrial zoned land. Such associated activities include but are not limited to parking, storage (outdoor), secondary street access and driveways, or vehicle maneuvering area.

(Ord. No. 1130, art. III, § 7, 11-3-1998)

(a)

Review of new and unlisted uses. New and unlisted land uses which were not originally anticipated will likely be considered for location within the city. Such uses shall be reviewed by the planning and zoning commission and the city council for inclusion in specific zoning districts or as part of a planned development (PD) zoning request.

(b)

Criteria for consideration. When considering requests for a new land use, the planning and zoning commission and the city council shall consider the potential effects of the use on adjacent properties in terms of such issues as the following:

(1)

Requirements for services;

(2)

Visual impact;

(3)

Traffic generation;

(4)

The extent to which the use is consistent with other uses allowed in the district; and

(5)

Other issues they deem appropriate.

(Ord. No. 1130, art. III, § 8, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

If a commercial indoor amusement is to be located closer than 300 feet from a single-family zoning district, it must first obtain a specific use permit. The measurement shall be made by drawing a straight line between the closest points of the two properties.

(Ord. No. 1130, art. III, § 9, 11-3-1998)

Cross reference— Businesses, ch. 18.

(a)

Age of structure. Bed and breakfast establishments are limited to structures 40 years of age or older, or of recognized historic or architectural significance.

(b)

Length of stay. Maximum length of stay is limited to 14 consecutive days in any 30-day period.

(c)

Off-street parking. Off-street parking shall be provided at a ratio of one space for each bedroom requested for such bed and breakfast facility use, plus two for the resident's use.

(d)

Location and paving of parking. The off-street parking spaces required for guests in A, R-1, and R-2 districts shall be paved with an all-weather surface, and shall be located in the side or rear yard of the residence. In all remaining zoning districts where such use is allowed, such parking shall not be located in the required front yard.

(e)

Screening of parking. The required off-street parking for bed and breakfast guests shall be screened by a solid six-foot fence or by dense bushes or shrubbery along the side and rear lot lines.

(f)

Exterior building alterations. No alterations or modifications shall be made to the exterior of the building as a residence if it is located in a residential zone.

(g)

Signs. If located in a residential zone, no signs shall be permitted on the premises to advertise the bed and breakfast establishment.

(h)

Compliance with codes. All other city codes, including building and fire codes, shall be complied with.

(i)

Location in residential districts. A bed and breakfast establishment shall be located in a single-family residence or a one-family dwelling and not in a duplex, two-family dwelling, or apartment.

(j)

Resident owner. The residence shall be the full-time place of residence of the owner of the property.

(Ord. No. 1130, art. III, § 10, 11-3-1998)

Cross reference— Businesses, ch. 18.

If a billiard parlor or pool hall is to be located closer than 300 feet from a single-family zoning district, it must first obtain a specific use permit. The measurement shall be made by drawing a straight line between the closest points of the two properties.

(Ord. No. 1130, art. III, § 11, 11-3-1998)

Cross reference— Businesses, ch. 18.

An accessory apartment may be allowed on a property in a residential or commercial zoning district provided that it is ancillary to the primary use and that only one such facility is provided. The area of such dwelling unit shall not exceed 30 percent on the main structure. The occupancy of the apartment is limited to servants or caretakers employed on the property and family members to the second degree of consanguinity and affinity.

(Ord. No. 1130, art. III, § 12, 11-3-1998)

(a)

Bar not publicly viewable. Private clubs shall have no bar which is publicly visible from a public right-of-way or thoroughfare.

(b)

All applications for a private club where liquor by the drink is served shall be in compliance with all applicable laws and regulations as required by the Texas Alcoholic Beverage Commission (TABC) and other jurisdictions.

(Ord. No. 1130, art. III, § 13, 11-3-1998; Ord. No. 1431-8-06, 8-1-2006)

If a fairground is to be located closer than 300 feet from a single-family zoning district, it must first obtain a specific use permit. The measurement shall be made by drawing a straight line between the closest points of the two properties.

(Ord. No. 1130, art. III, § 14, 11-3-1998)

If an ice or a roller skating rink is to be located closer than 300 feet from a single-family zoning district, it must first obtain a specific use permit. The measurement shall be made by drawing a straight line between the closest points of the two properties.

(Ord. No. 1130, art. III, § 15, 11-3-1998)

Cross reference— Businesses, ch. 18.

Single-family or duplex industrialized housing units shall:

(1)

Be installed in a manner consistent with traditional site-built single-family and duplex dwellings.

(2)

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 to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located.

(3)

Have exterior siding, roofing, roofing 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.

(4)

Any person who intends to construct, erect, install or move any industrialized housing in the city shall first submit all required applications to the building inspection department and obtain all required permits. In addition to any information otherwise required for permits, a building permit application for industrialized housing shall:

a.

Be accompanied by a document identifying by address each single-family or two-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located, and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for Nacogdoches County.

b.

Be accompanied by at least one photograph, with identifying address, of the front of each single-family or two-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located;

c.

Be accompanied by a document signed and stamped by a licensed architect, certifying the proposed industrialized housing meets subsection 118-315(3). The document shall state: "I have reviewed the single-family structures within 500 feet of the lot on which the industrialized housing is proposed to be located, and I hereby certify the industrialized housing shown in the attached plans have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with aforementioned single-family dwellings."

d.

Show proof of the value of the improved property by providing:

1.

A copy of the sales receipt, signed by the purchaser, of the industrialized housing unit, including the value of the lot, if the lot is included in the sale.

2.

A copy of the sales receipt, signed by the purchaser, of the industrialized housing unit, and documentation showing the taxable value of the lot as determined by the most recent certified tax appraisal roll for Nacogdoches County, if the lot is not included in the sale of the housing unit or if the value of the lot is not included on the sales receipt.

(5)

Failure to provide any documentation as required in subsection 118-315(4) will be considered grounds to deny a permit application.

(Ord. No. 1130, art. III, § 16, 11-3-1998; Ord. No. 1560-10-10, 10-19-2010)

(a)

The sale of alcoholic beverages shall be prohibited within 300 feet of a church, public school or public hospital.

(b)

Measurement of distances.

(1)

The measurement of the distance between the places of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street front and from front door to front door and in a direct line across intersections.

(2)

The measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be in a direct line from the property line of the public school to the property line of the place of business and in a direct line across intersections.

(c)

See also section 118-174 regarding specific use permit requirements for private clubs where liquor by the drink is served.

(d)

Should the location at which liquor by the drink is closer than 300 feet from a single-family residential zoning district, the owner must first obtain a specific use permit. This measurement shall be made in a direct line from the business serving alcoholic beverages by the drink and the property line of the single-family residential zoning district.

(Ord. No. 1130, art. III, § 17, 11-3-1998; Ord. No. 1431-8-06, 8-1-2006)

In addition to the other specific requirements indicated in this chapter, manufactured homes shall only be used for residential purposes and shall have the following requirements:

(1)

Manufactured homes shall be secured to the ground through the appropriate use of tie downs as required by the Manufactured Housing Construction and Safety Standards of the Department of Housing and Urban Development.

(2)

Manufactured homes shall be skirted with suitable, weatherized material similar in type of material and color to the siding of the manufactured home.

(Ord. No. 1130, art. III, § 18, 11-3-1998; Ord. No. 1350-2-04, 2-3-2004)

Editor's note— Ord. No. 1265-9-01, adopted Sept. 4, 2001 amended the Standard Building Code to International Building Code.

Cross reference— Manufactured homes, mobile homes and parks, ch. 66.

If a nightclub or dancehall is to be located closer than 300 feet from a single-family zoning district, it must first obtain a specific use permit. The measurement shall be made by drawing a straight line between the closest points of the two properties.

(Ord. No. 1130, art. III, § 19, 11-3-1998)

Any establishment operating as a pawnshop is expressly prohibited unless it maintains a valid pawnshop license issued by the consumer credit commissioner.

(Ord. No. 1130, art. III, § 20, 11-3-1998)

All Radio, TV, microwave, or cellular transmission towers shall be in conformance with Federal Communications Commission and any local requirements.

(Ord. No. 1130, art. III, § 21, 11-3-1998)

If a private recreation club or area is to be located closer than 300 feet from a single-family zoning district, it must first obtain a specific use permit. The measurement shall be made by drawing a straight line between the closest points of the two properties.

(Ord. No. 1130, art. III, § 22, 11-3-1998)

Satellite dishes shall be allowed in any residential district as an accessory use and in any commercial district as a permitted use provided that they meet the following conditions:

(1)

Location. The location shall be as follows:

a.

In residential districts, satellite dishes exceeding one meter in diameter shall not be located within front or side yards. They shall be located only in rear yards.

b.

In commercial and industrial districts, satellite dishes exceeding two meters in diameter shall not be located in the front or side yards, but may be located on a roof.

(2)

Screening. Screening shall be as follows:

a.

In residential districts, satellite dishes exceeding one meter in diameter shall be fully screened from view from public streets. When located on ground level, they shall be screened to the full height of the structure with landscaping.

b.

When a satellite dish exceeding two meters in diameter is located on a rooftop in a commercial or industrial district, the dish shall be located and screened so as to minimize visual impact from other properties in the area.

(3)

Size. Satellite dishes shall not exceed three meters in diameter, nor 12 feet in height when the dish is vertically positioned. Larger dishes may be approved as a specific use permit.

(Ord. No. 1130, art. III, § 23, 11-3-1998)

The property on which any junkyard, salvage yard or reclamation yard within the city is located shall be enclosed by an appropriate fence or hedge, which shall be kept in a neat condition. No junk of any character or parts or machinery of any kind shall be allowed to remain outside such fence or hedge.

(Code 1971, § 16-9)

If a teen club is to be located closer than 300 feet from a single-family zoning district, it must first obtain a specific use permit. The measurement shall be made by drawing a straight line between the closest points of the two properties.

(Ord. No. 1130, art. III, § 25, 11-3-1998)

(a)

In areas of the urban core overlay district where sidewalks do not already exist, sidewalks shall be constructed concurrent with construction of:

(1)

The first structure on any lot or tract of land, whether or not the tract of land is platted or being subdivided;

(2)

The first structure of any size on a lot or tract of land after all previously existing structures were demolished and removed on or after January 1, 2017;

(3)

The addition to an existing building of 5,000 square feet or greater;

(4)

An additional building(s) of 2,500 square feet or greater;

(5)

An improvement or renovation of an existing building and the cost of such changes exceed 50 percent of the fair market value of the building improvements prior to the subject improvements or renovation.

(b)

The sidewalk shall be constructed to the full length of the property line of the lot or tract involved along the portion of the lot adjacent to state or federal highways.

(c)

The sidewalk shall meet standard details and specifications on file in the city engineering office.

(d)

The sidewalk shall be placed within the adjacent street right-of-way or a publicly dedicated access easement.

(e)

All required sidewalks must be constructed prior to issuance of a certificate of occupancy, unless a written request for a temporary certificate of occupancy to allow for a later construction of sidewalks is approved in writing by the city manager or their designee.

(f)

Sidewalks must connect to existing adjacent sidewalks, or be designed and placed to allow connection to future adjacent sidewalks.

(g)

Sidewalk plans shall be included on a site plan in the building permit submittal for the project described in subsection (a) above.

(h)

Payment in lieu of sidewalk installation.

(1)

An applicant may request to pay a fee instead of installing a sidewalk by filing a written request at the time the applicant submits a permit application for a project requiring sidewalk installation. An applicant, who has not filed a request at the time of application, may later amend the application to request to pay a fee instead of installing a sidewalk.

(2)

For a project requiring sidewalk installation, the city manager may approve payment of a fee instead of installation of a sidewalk, if the city manager determines the property is only used for a residential use and has no more than two dwelling units.

(3)

For a project requiring sidewalk installation, the city manager may approve a fee in lieu of installation of a sidewalk, if the city planner determines the installation is impractical because:

a.

Installation of the sidewalk would require the removal of a tree larger than one foot in diameter or other major obstruction within the right-of-way;

b.

A stormwater drainage ditch or similar public utility prevents installation of the sidewalk, and neither the sidewalk nor the facility can be reasonably relocated to accommodate both the sidewalk and the facility;

c.

Adequate right-of-way does not exist nor can be obtained to wholly contain the sidewalk;

d.

The topography would require the construction of a retaining wall more than two feet high to accommodate the sidewalk; or

e.

Other unusual circumstances make the sidewalk installation requirement unreasonable or inappropriate.

(4)

The amount of the fee is the current sidewalk installation cost, as determined in accordance with the fee schedule set forth in the Master Fee Schedule, Addendum A to the Code of Ordinances.

(5)

A fee paid under this section must be used to install a sidewalk or curb ramp in the urban core overlay district.

(Ord. No. 1720-9-16, § 2, 9-20-2016; Ord. No. 1738-7-17, § 3, 8-8-2017; Ord. No. 2040-05-25, § II, 5-6-2025)

(a)

A retail tobacco/vapor/smoke store may not be located within 1,000 feet of a church/place of worship, school, public park, or hospital, or another retail tobacco/vape/smoke store.

(b)

Measurement of distance as required in section 118-326 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 a part of the premises where a retail tobacco/vapor/smoke store is located, to the nearest property line of the premises of a church/place of worship, school, public park, hospital, or other retail tobacco/vape/smoke store.

(Ord. No. 2020-11-24, § II, 11-5-2024)

Nothing in this division shall approve, legalize, validate, condone, authorize or in any manner permit any activity, business, display, sale, exhibition, showing or material otherwise illegal or not permitted under the laws, regulations, ordinances or rulings of the United States, the state or the city or which is a public or private nuisance.

(Ord. No. 1130, art. III, § 24.1, 11-3-1998)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Adult bookstore or adult video store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, discs or reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, video discs or cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult motel means a hotel, motel or similar commercial establishment which:

(1)

Offers, as its principal business, accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video discs or cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

(2)

Offers a sleeping room for rent for a period of time less than ten hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video discs or cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical area or by specified sexual activities.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Nudity or a state of nudity means:

(1)

The appearance of human bare buttock, anus, male genitals, female genitals, or female breast; or

(2)

A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the employees of the establishment is in a state of nudity or seminude.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

Specified sexual activities means:

(1)

The fondling or other erotic touching of human genitals, pubic region, anus or female breasts;

(2)

Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

(3)

masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

(Ord. No. 1130, art. III, § 24.2, 11-3-1998)

Cross reference— Definitions generally, § 1-2.

Sexually oriented businesses may not be located within 1,000 feet of a church, a public or private elementary or secondary school, a public park, or the boundary of a residential or agriculture district as defined in this chapter.

(Ord. No. 1130, art. III, § 24.3, 11-3-1998)

Measurement of distance as required in section 118-353 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 a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school or to the nearest boundary of an affected public park or residential or agriculture district.

(Ord. No. 1130, art. III, § 24.4, 11-3-1998)

The operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business shall be prohibited. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(Ord. No. 1130, art. III, § 24.5, 11-3-1998)

Any sexually oriented business lawfully operating on the effective date of the ordinance from which this chapter derives that is in violation of this division shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years unless sooner terminated for any reason, or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use, and the later-established business is nonconforming.

(Ord. No. 1130, art. III, § 24.6, 11-3-1998)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, or residential or agriculture district within 1,000 feet of the sexually oriented business. This section applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.

(Ord. No. 1130, art. III, § 24.7, 11-3-1998)