This Ordinance shall be known and may be cited as "The City of Olney Zoning Ordinance."

This Ordinance is enacted for the purpose of promoting health, safety, morals, and the general welfare of the community for the protection and preservation of places and areas of historical and cultural importance and significance, in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

Sec.

3.1. NO BUILDING shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use for any purpose or in any manner other than provided for hereinafter in the district in which the building, land or premises is located; provided, however, that necessary structural repairs may be made where health and safety are endangered.

Sec.

3.2. NO SIGN or billboard shall be erected, moved, altered, added to, enlarged, painted or modified unless is shall conform to the provisions herein.

Sec.

3.3. NO BUILDING shall be erected, nor shall any existing building be structurally altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall conform to the yard, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located.

Sec.

3.4. NO BUILDING shall be erected, converted, enlarged, reconstructed or structurally altered unless it shall conform to the area and off-street parking and loading regulations of the district in which such building is located.

Sec.

3.5. NO YARD or other open space provided around any building for the purpose of complying with provisions of this Ordinance shall be considered as providing a yard or open space for a building on any other lot.

Sec.

4.1. DISTRICT ESTABLISHED: Zoning regulations and districts as herein set forth are approved and established. The City is hereby divided into eleven (11) classes of use districts, such districts being of the shape and area deemed best suited to carry out the purpose and intent of this ordinance. Within such districts, this ordinance hereby regulates and restricts the erection, construction, reconstruction, alteration, repair and use of buildings, structures and lands as herein set forth.

Sec.

4.2 THE LOCATION and boundaries of the districts herein established are shown upon the Official Zoning Map, which is hereby incorporated into this Ordinance. Said Zoning Map, together with all notations, references, and other information shown thereon and all amendments thereto, shall be as much a part of this Ordinance as if fully set forth and described herein.

Land and buildings in each of the following classified districts may be used for any of the following listed uses but no land shall hereafter be used and no building or structure shall hereafter be occupied, used, erected, altered, removed, placed, demolished, or converted which is arranged or designed to be used for other than those uses specified for the district in which it is located as set forth by the following schedule of uses:

SECTION 9
SCHEDULE OF PERMITTED USES

Procedure The City Council may, after public hearing and recommendation by the City Planning Commission, and after conducting a public hearing as is required for all amendments to the zoning Ordinance in accordance with the provision of Section 24 "Changes and Amendments," authorize for specific parcels of land the issuance of a Special Use Permit in accordance with the provisions of Section 9, "Use Schedule," in those districts where it is indicated that a Special Use Permit for a specific type use may be approved.

The designation of a Special Use Permit as possible on the Use Schedule, in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each Special Use Permit application shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate.

Sec.

11.1. REQUIREMENTS: In considering and determining its recommendation to the City Council relative to any application for a Special Use Permit, the City Planning Commission may require that the applicant furnish plans and data concerning the operation, location, function and characteristics of any use of land or building proposed.

The City Planning Commission may recommend to the City Council that certain safeguards and conditions concerning setbacks, ingress and egress, off-street parking and loading arrangement, location or construction of buildings and uses and operation be required.

The City Council may in the interest of the public welfare and to assure compliance with the intent of this ordinance, 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.

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.

A Special Use Permit approved under the provisions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property involved. Any of the conditions contained in a Special Use Permit shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be considered as conditions precedent to the granting of a certificate of occupancy and compliance with the specific use.

It is recognized that new types of land uses will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such uses and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

Sec.

15.1 The applicant shall refer the question of any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which such use may be placed. Such request shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, toxic material and vibration likely to be generated and the general requirements for public utilities and sanitation collection.

Sec.

15.2 The planning and zoning commission shall then consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts, and after public hearing, determine the zoning district or districts within which such use should be permitted.

Sec.

15.3 Following its decision, the planning and zoning commission shall submit its recommendation to the city council for final approval.

Sec.

15.4 The same procedures should be followed as outlined in Section 16.5 [Section 24] pertaining to amendments, including the public notice and hearing requirements, when considering any zoning classification request for a new or unlisted land use.

Sec.

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

16.101.

Normal repairs and maintenance may be made to a non-conforming building or structure; provided that no structural alterations shall be made except those required by law or Ordinance or those necessary for installing or enclosing required sanitary facilities, such as toilets and bathrooms.

16.102.

Unless otherwise provided, a non-conforming building or structure shall not be added to or enlarged in any manner unless such additions and enlargements are made to conform to all of the requirements of the district in which such building or structure is located. Any additions or alterations shall not increase the size or value of the structure more than fifty percent (50%) of its pre-enlargement size and/or value.

16.103.

A non-conforming building or structure shall not be moved in whole or in part unless every portion of such building or structure is made to conform to all regulations of the district in which it is to be located.

16.104.

If a building or structure occupied by a non-conforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a non-conforming use not exceeding seventy-five percent (75%) of its reasonable value, reconstruction will be permitted but the size or function of the non-conforming use cannot be expanded.

16.105.

A vacant, non-conforming building or structure lawfully constructed before the date of enactment of this ordinance may be occupied by a use for which the building or structure was designed or intended subject to such regulations as the Zoning Board of Adjustment may require for immediate preservation of the adjoining property and the ultimate removal of the non-conforming use. If, however, a non-conforming use becomes vacant for a period of ten (10) calendar days or if ownership, leasing agents or renters should change the building will not be allowed to be continued as a legal non-conforming use.

Sec.

16.2. The non-conforming use of a building or structure may be continued as hereinafter provided.

16.201.

The non-conforming use of a building or structure may not be changed to a use which does not conform to the requirements of the district in which it is situated.

16.202.

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

Sec.

16.3. The non-conforming use of land existing at the time of the effective date of this Ordinance may continue as hereinafter provided.

16.301.

A non-conforming use of land shall not be expanded, extended, or changed to some other use not in compliance with the regulations of the district in which the land is situated.

16.302.

If a non-conforming use of land, or any portion thereof, is voluntarily discontinued for a period of ten (10) days any future use of such land or portion thereof shall be in conformity with the regulations of the district in which such land or portion thereof is located.

16.303.

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

Sec.

16.4 ABANDONMENT: The non-conforming use of a building, structure, or land which has been abandoned, shall not thereafter be returned to such non-conforming use. A non-conforming use shall be considered abandoned when:

a.

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

b.

The characteristic equipment and furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days; or,

c.

A non-conforming building, structure, or land, or portion thereof, which is, or hereafter, becomes vacant and remains unoccupied for a period of ninety (90) days; or,

d.

A non-conforming use has been replaced by a conforming use.

Sec.

16.5. CHANGE IN DISTRICT BOUNDARIES: Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district, to another district, or when the boundaries of districts are changed as the result of annexation of new territory, or changed in the regulations or restrictions of this Ordinance, the foregoing provisions relating to non-conforming uses shall also apply to any uses existing therein which may become non-conforming.

Sec.

17.1. FOR THE purposes of this Ordinance, certain terms and words are hereby defined; terms not defined herein shall be construed in accordance with adopted building codes or their customary usage and meaning.

Sec.

17.2. WHERE NECESSARY for a reasonable construction of this Ordinance, words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular. The word "building" shall include the word "structure"; the word "shall" is mandatory and not directive; the word "lot" includes the word "plot."

ABUT—ABUTTING. Having lot lines or boundary lines in common.

ACCESSORY BUILDING OR USE. A subordinate building having a use customarily incident to and located on the same lot occupied by the main building; or a use customarily incident to the main or principal use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.

ACCESSORY USE. A subordinate use which is incidental to the main or primary use.

ADULT ARCADE. Any place which the public is permitted or invited wherein coin-operated, token-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 (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sexual activities or specified anatomical areas.

ADULT BOOKSTORE. A commercial establishment which as one [of] its principal business purposes offers for sale or rental for any form of consideration books, magazines, periodicals or other printed matter which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.

ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features persons who appear in a state of nudity or give live performances which are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or by an emphasis on specified sexual activities.

ADULT MOTEL. A hotel, motel or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing 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; or

b.

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

c.

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

ADULT MOVIE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, video reproductions, slides or other visual representations are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.

ADULT VIDEO STORE. A commercial establishment which as one [of] its principal business purposes offers for sale or rental for any form of consideration photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.

ALLEY. A public minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street or highway.

AMUSEMENT PARK. Any building, lot, tract, or parcel of land used in whole or part for the operation and maintenance of a circus, carnival, miniature golf course, golf driving range, batting cages, skating rinks, go-cart racing tracks and/or minstrel shows.

ANIMAL HOSPITAL or CLINIC. A facility operated by a veterinarian for the purpose of examining and treating animals including outdoor facilities for caring for the animals and allowing the keeping of animals overnight.

ANIMAL SHELTER. A facility that keeps impounded stray, homeless, abandoned, or unwanted animals.

APARTMENT. A room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals.

APARTMENT HOTEL. Any building larger than an apartment house designed or built to be occupied as a series of separate apartments and by persons living independently of each other.

APARTMENT HOUSE. Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or dwelling units or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.

ARCADE. A public place of business where 50% or more of the gross sales are derived from amusement machines. The term amusement machine shall mean every machine of any kind of character whatsoever, when such a machine is capable of use or operations for amusement, other than for the purpose of vending merchandise, music, or a service such as telephone service, laundry service, etc. Included in the description of amusement machines are video games, pinball machines, miniature sports machines, and all other machines which [are] designed for challenge, entertainment, or pleasure.

ASPHALT, CONCRETE BATCHING PLANT. A facility, permanent or temporary, which mixes asphalt or cement with various aggregates and water in large quantities for transport elsewhere.

ATTACHED. Having one or more walls common with a main use building, or joined to main use building by a covered porch or passageway, the roof of which is a part or extension of a main use building.

AUTOMOBILE/MOTOR VEHICLES. A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks (1-ton G.V.W. or less), buses, motor scooters, motorcycles, and recreational vehicles.

AUTOMOBILE SERVICE STATION. Any area of land, including structures thereon, that is used for the sale of gasoline, oil or other fuels, and automobile accessories, and which may include facilities for lubricating, washing, cleaning, mechanical repair, and other normal servicing of automobiles. Painting is not considered within the scope of "other normal servicing."

AUTOMOBILE SALVAGE or WRECKING YARD. An area outside of a building where motor vehicles are disassembled, dismantled, junked or "wrecked," or where motor vehicles not in operable condition or used parts of motor vehicles are stored.

AUTO REPAIR SHOP. A building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.

AUTOMOBILE SALES AREA. An open area or lot used for the display or sale of automobiles, where no repair work is done except for reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars for sale or keeping of used car parts or junk on the premises. Automobile sales areas exclude salvage yards and places for junked vehicles.

BAKERY, RETAIL. An establishment which produces bakery goods and various confectionery items, such as rolls, bread, etc. for direct sale to the consumer.

BASEMENT. A building story which is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.

BILLBOARD. A sign advertising products not made, sold, used, or served on the premises displaying such sign, or a sign having a height greater than 12 feet or a width greater than 18 feet, including supports.

BLOCK. An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side. In cases where platting is incomplete or disconnected the zoning administrative official shall determine the outline of the block.

BOARD. The Zoning Board of Adjustment as established in Section 18 [Section 20].

BOARDING HOUSE. A building other than a hotel, where lodging and meals for five or more persons are served for compensation.

BREEZEWAY. A covered passage one story in height and six (6) feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.

BUFFER AREA. An area of land together with specified planting and/or structures thereon, which may be required between land uses of different intensities to eliminate or minimize conflicts between such uses.

BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.

BUILDING. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire each portion so subdivided may be deemed a separate building.

BUILDING LINE. A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

BUILDING LOT. A tract of land which, at the time of filing for a building permit, is intended by its owner or developer to be used, developed, or built upon as a unit. It shall front upon a dedicated street.

BUILDING MATERIALS AND LUMBER YARD. A business which stocks building materials, such as fencing, wire, bricks, cement, and lumber, for use in building construction and landscaping.

a.

Main Use Building. A building in which the primary activity associated with the lot is conducted. In any residential district, any dwelling will be a primary building.

b.

Accessory Building. A building customarily incidental and subordinate to the primary building located on the same lot.

c.

Building Site. A single parcel of land occupied or intended to be occupied by a building or structure.

BUILDING COVERAGE. The percent of the lot area covered by the building exclusive of all overhanging roofs.

BUSINESS. Includes local retail, commercial, industrial, and manufacturing uses and districts as herein defined.

BUSINESS OFFICE. A room or group of rooms where the general administration and affairs of a business, etc., are carried on, but where no actual transactions are conducted.

CABINET SHOP. A building and/or premises used for the design and construction of cabinets, shelves and similar structures for subsequent sales, installation and use in homes, businesses and offices.

CARPORT. A permanent roofed structure open on at least two sides, designed for the parking and shelter of private passenger vehicles.

CARWASH. A building, or portion thereof, where automobiles or other motor vehicles are automatically or manually washed regularly as a business.

CELLAR. A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

CERTIFICATE OF OCCUPANCY. An official certificate issued by the City through the administrative official which indicates conformance with or approved conditional waiver from the Building or Zoning Regulations and authorizes legal use and occupancy of the premises for which it is issued.

CHILD CARE CENTER or FACILITY. A facility that provides care or supervision for children who are not related by blood, marriage, or adoption to the owner or operator of the facility for less than 24 hours a day for more than twelve (12) children under the age of fourteen (14), whether or not the facility is operated for profit or charges for the services it offers.

CHILD CARE INSTITUTIONS PROVIDING BASIC CHILD CARE. An institution providing basic child care is a child care facility which provides care for more than 12 children for more than a 24-hour period. Basic child care does not include a 24-hour a day specialized program such as that offered by an emergency shelter, therapeutic camp, residential treatment center, half-way house, or institution serving people with intellectual developmental disabilities.

CHILD DAY CARE HOME. A facility, sometimes referred to as a "Registered Family Home," that regularly provides care in the caretaker's own residence for not more than six (6) children under the age of fourteen (14) years of age, excluding the caretaker's own children. When more than six (6) children are kept in the home, it shall be considered as either a "Group Day Care Home" or "Child Care Center."

CHURCH or RECTORY. A place of worship and religious training of recognized religions including the on-site housing of ministers, rabbis, priests, and nuns.

CITY. The City of Olney, Texas.

CITY COUNCIL. The City Council of the City of Olney, Texas.

CLINIC. Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients.

COMMERCIAL RECREATION. Buildings designed for, or occupied by, bowling alleys, health clubs, swimming pools, indoor golf, ice skating, billiards, indoor and outdoor theaters, and other similar recreational activities operated as a commercial enterprise.

COMMUNITY CENTER. A building dedicated to social or recreational activities, serving the City or a neighborhood and owned and operated by or affiliated with the City.

CONDOMINIUM. See "Townhouse."

CONTRACTOR YARD. A building and/or premises for the storage of materials, tools, products and vehicles used in the conduct of a construction business related to heating and air conditioning service, building construction, electrical service, landscaping service, plumbing service, utility service, etc.

CONVALESCENT HOME. Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.

COUNTY. Young County.

COUNTRY CLUB (PRIVATE). An area of land containing either a golf course or tennis courts, or both, and a clubhouse and which is available to members only. Country clubs may contain adjunct facilities such as private club, dining room, swimming pool, and other similar recreational or service facilities.

COURTYARD. An open, unoccupied space, bounded on three (3) or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having no side open to a street, alley, yard or other permanent space.

DAY CARE. A service provided which meets State licensing requirements and where six or more children are left for care a part of the twenty-four (24) hours of the day.

DETACHED. Fully separated from any other building, or joined to another building by structural members not constituting an enclosed or covered space.

DISPLAY. The exhibition of vehicles, trailers, boats, goods, wares, or merchandise for sale, rental or lease.

DISTRICT. A section of the City of Olney, Texas, for which the regulations governing the area, height, or use of the land and buildings are uniform.

DISTRIBUTION CENTER, LARGE. A building or group of buildings with cumulative storage space of over 5,000 square feet in area which is used for the storage of merchandise, goods, and wares which are intended to be distributed to other retail or wholesale establishments.

DISTRIBUTION CENTER, SMALL. A building or group of buildings with cumulative storage space not to exceed 5,000 square feet in area which is used for the storage of merchandise, goods, and wares which are intended to be distributed to other retail or wholesale establishments.

DOUBLE FRONTAGE. A lot with double frontage is a lot having lot lines formed by the intersection of two streets, whether public or private, and where the interior angle of such intersection is less than 135 degrees. A lot fronting on a curved street shall also be considered a corner lot if the central angle of the curve is less than 135 degrees.

DRIVE-IN RESTAURANT. Any establishment where food, and/or non-alcoholic beverage is sold to the consumer and where motor vehicle parking space is provided and where patrons may be served in their respective vehicles or inside the establishment.

DRY CLEANING or LAUNDRY. Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth, fabrics, and textiles of any kind by means of a mechanical appliance(s).

DRIVE-IN RESTAURANT OR REFRESHMENT STAND. Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.

DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.

DWELLING, TWO-FAMILY (DUPLEX). A detached residential building containing two dwelling units, designed for occupancy by not more than two families.

DWELLING, THREE-FAMILY (TRIPLEX). A detached residential building containing three dwelling units, designed for occupancy by not more than three families.

DWELLING, FOUR-FAMILY (QUADPLEX). A detached residential building containing four dwelling units, designed for occupancy by not more than four families.

DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by five or more families, with the number of families in residence not exceeding the number of dwelling units provided, including but not limited to apartment houses, row houses, tenements, condominiums and townhouses.

DWELLING, MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width of forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet. It is built on a permanent chassis and designed to be used as a dwelling with or without a mobile/manufactured home includes the plumbing, heating, air-conditioning, and electrical systems. All mobile manufactured homes built since June 15, 1976, have been built to the National Manufactured Home Construction and Safety Standards.

DWELLING, MODULAR HOME. One that is built to comply with a construction code other than the National Manufactured Home Construction and Safety Standards. Like a multi-section mobile home, a modular home is built in two or more sections in a factory and includes the plumbing, heating, and electrical systems.

Most mobile and modular homes are transported to their sites by trucks whose movements and tariffs are controlled by state highway regulations, and, where applicable, the Interstate Commerce Commission.

DWELLING, TOWNHOUSE or ROWHOUSE. Three or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one family.

DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

EASEMENT. A right given by the owner of a parcel of land to another person, public agency or private corporation for a specific and limited use of that parcel.

EATING AND DRINKING PLACES. A retail establishment primarily engaged in the sale of prepared food and drinks for consumption on the premises.

EFFICIENCY APARTMENT. An apartment having a combination living and bedroom (no separate bedroom).

ELECTRICAL SALES & SERVICE. An establishment selling electrical supplies and parts and/or providing the servicing and installation of electrical equipment and fixtures.

ENCLOSED BUILDING. Building surrounded by four or more walls and a roof.

ENCLOSED STORAGE. Area surrounded by a solid fence or wall to height or eight or more feet which effectively screens the contents from view and protects from the spread of fire and vandalism.

FAMILY. One (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with a single kitchen facility, on a non-profit cost-sharing basis.

FARM. An area of two (2) acres or more which is used for the growing of farm products such as vegetables and grain as well as the raising thereon of the usual farm poultry and farm animals such as horses, dairy cattle, sheep, and swine.

FEED STORE. A commercial establishment which sells animal feed; feeding troughs; animal cages, pens, and gates; fencing materials; pesticides; seeds; and other gardening, farming, and ranching supplies. The sale of baby chicks, rabbits, guinea pigs, and other similar small or domesticated animals may be permitted only with a specific use permit and in accordance with all ordinances.

FENCE. An open or solid enclosure designed to contain or prevent intrusion. An open fence is one in which the vertical surface thereof is not less than seventy percent (70%) open. A solid fence is one in which the vertical surface thereof is not greater than thirty percent (30%) open, and may be considered as a screening element.

FINE ARTS. Music, painting, sculpture, and including drawing, etchings, ceramics, inlays, needlework, knitting, weaving, and craft work involving leather, wood, metal and glass.

FLEA MARKET. A collection of two or more stalls, booths, tables or other similar arrangements, used by individual vendors, for the display and sale of various items of new or used personal property.

FLOODPLAIN. The area outside of the floodway which may be inundated with floodwater with an average frequency of occurrence in the order of once in one hundred years, normally referred to as the intermediate regional flood by the U.S. Corps of Engineers.

FLOODWAY. The channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge floodwaters.

FLOOD AREA. The total (gross) square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, carports or garages that are not designed for residential or business occupancy.

FREIGHT TERMINAL, MOTOR. A property or building in which freight is brought by common carriers during and is stored for interstate or intrastate shipment by motor truck, including the necessary warehouse space for storage of transitory freight.

FRONTAGE. All the property abutting on one side of the street between two intersecting streets, measured along the street line.

GAME HALL. A facility open to the public and used primarily for the playing of games of chance, skill, sport or amusement. Such games include but are not limited to the following: dominoes, cards, bingo, billiards, darts, and amusement machines.

GARAGE APARTMENT. A dwelling unit for one family attached to a private garage.

GARAGE, AUTO REPAIR. A building or portion of a building used for the general repair and/or painting of motor vehicles.

GARAGE, PARKING. A building or portion of a building used for the parking and storage of motor vehicles, other than a private garage or an auto repair garage, in which any sale of gasoline, oil, and accessories is only incidental to the storage of the vehicles.

GARAGE, PRIVATE. An enclosed accessory building for storage only of motor vehicles, boats, travel trailers, and household goods owned and used by the owners or tenants of the premises.

GARAGE, PUBLIC. A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.

GARAGE SALE. Shall mean occasional sales at retail by residential owners or occupants conducted in the garage, patio, driveway or yard of the residential premises occupied by the person holding the sale, for the purpose of disposing surplus personal property accumulated incidentally in the regular course of residential occupancy.

GARAGE, STORAGE (PARKING). A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.

GOVERNMENT OFFICE. Any building or facility either owned or leased for use by local, state or federal governments and in which the affairs of the governmental body are carried on.

GRADE. When used as a reference point in measuring height of building the "grade" shall be the average elevation of the finished ground at the exterior walls of the main building.

GROSS FLOOR AREA. The total area of all floors as measured to the outside walls, excluding open porches, breezeways, balconies, and terraces. In computing the gross floor area of residential uses, garages and carports shall be excluded.

GROUP DAY CARE HOME. A facility that regularly provides care in the caretaker's own residence for seven (7) to twelve (12) children under the age of fourteen (14) years of age, excluding the caretaker's own children.

GROUP HOME. A residential facility licensed by the Texas Department of Human Resources to house up to six persons with disabilities or persons with intellectual developmental disabilities and two supervisors.

HALFWAY HOUSE. A residential facility providing shelter, supervision and residential rehabilitative services for persons who have been inmates of any county, state or federal correctional institution and released and require a group setting to facilitate the transition to a functional member of society.

HEATING/AIR CONDITIONING (AC) SALES & SERVICE. An establishment selling heating and air conditioning units, supplies and parts and/or providing the servicing and installation of heating and air conditioning equipment.

HEAVY EQUIPMENT SALES. A business offering for sale, and including the servicing and repair of, equipment as construction graders, earth movers, backhoes, cement mixer trucks, dirt moving trucks, etc.

HEIGHT OF BUILDINGS. The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (a) the highest point of the roof's surface if a flat surface, (b) to the deck line of mansard roofs, or, (c) to the mean height level between eaves and ridge for hip and gable roofs, and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

HEIGHT OF YARD OR COURT. The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.

HOBBY. The engagement of a person in an activity such as music, painting, sculpturing, drawing, etching, ceramics, needlework, knitting, weaving, craft work involving leather, wood, metal and glass, etc. in his/her spare-time activity within his/her premises. No person shall be engaged in a hobby as a business. Such activity shall be carried on within an enclosed or screened area and shall not involve any activity that requires open storage. No activity which is obnoxious or offensive by reason of vibration, electrical interference, glare, noise, odor, dust, smoke or fumes shall be permitted.

HOME OCCUPATION. An occupation conducted wholly within a residential dwelling unit or accessory building thereto, provided that:

a.

No person other than members of the family residing on the premises shall be engaged in such occupation;

b.

The use of the dwelling unit or accessory building for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

c.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the principal building;

d.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on a driveway or other hard surface all weather area;

e.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or nearby site occupant. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

f.

Home occupation uses and activities shall be limited to the following: seamstress; accounting; bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household sundries; day care; private educational, music and dance tutoring; arts, crafts and home hobby shops; beauty shops; garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar activities but excluding medical and law offices, pet grooming services, kennels and other such activities.

HOSPITAL. An institution or place where sick or injured patients are kept overnight and given medical or surgical care.

HOTEL OR MOTEL. One or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services. A hotel includes a tourist hotel, a motor hotel (and a motel) but does not include an apartment hotel.

HOUSE TRAILER. Shall mean a vehicle without automotive power designed for human habitation and for carrying persons and property upon its own structure and for being drawn by a motor vehicle.

INDUSTRIAL PARK. Shall mean a parcel of land which has been planned and/or coordinated for a variety of industrial and related activities and business uses. This development may be on a one parcel or may be subdivided. The project is either owned, controlled or managed by a single entity and has its own master plan and/or covenants, conditions, and restrictions.

INDUSTRIALIZED HOUSING. A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of two (2) stories or thirty-five feet (35′) in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to (a) housing constructed of sectional or panelized systems not utilizing modular components; or (b) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

INDUSTRIALIZED BUILDING. A commercial or industrial structure that is constructed on one or more modules or constructed using one or more modular components built at a location other than the permanent site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial or industrial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems. The term does not include any commercial structure that is in excess of two (2) stories or thirty-five feet (35′) in height as measured from the finished grade elevation at the building entrance.

JUNK. The term "junk" is defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods including automobiles that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk.

JUNKYARD. Means any lot or tract of land upon which junk is kept, stored, bought, sold, recycled, or otherwise placed.

KINDERGARTEN or KINDERGARTEN or NURSERY SCHOOL. Any facility, whether known or incorporated under such descriptive title or name as "Child Play School," "Child Development Center," "Early Childhood Center," and the like, where six (6) or more children are left for care, training, or education during the day or portion of the day and a fee is charged for this service.

KENNEL. Any lot or premises on which four or more dogs, cats, or other domestic animals, at least four months of age, are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received.

LANDSCAPING. Shall mean living plant material, including but not limited to grass, turf, trees, shrubs, natural land forms, water forms, planters; and other landscape features, including walks and plaza areas consisting of enhanced paving, which are a function of the building and not the streetscape.

LAUNDRY. A building or place where clothes and linens are washed and thoroughly dried and pressed by the use of washing, drying, and ironing machines for fee basis and shall include the term "cleaners," and "dry cleaners."

LEATHER GOODS, RETAIL. A commercial establishment which sells leather materials and supplies or leather goods.

LEGAL NON-CONFORMING USE, BUILDING OR YARD. A use, building or yard existing legally at the time of the passage of this ordinance which does not by reason of design, use, or dimensions conform to the regulations of the district in which it is situated. A use, building or yard established after the passage of this ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal non-conforming use.

LIVING AREA. Shall include that portion of the dwelling unit which is used or designed for occupancy but does not include carports, garages, and open porches, breezeways, balconies, and terraces.

LIVING UNIT. Same as Dwelling Unit.

LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

LODGING HOUSE. A building, other than a hotel, where lodging without meals, for five (5) or more persons is provided for compensation.

LOT. A "lot" is a tract or parcel of land which is occupied or designed to be occupied by one building or use and the accessory buildings or uses customarily incident to it, and having frontage on a dedicated street.

LOT, CORNER. A lot abutting on two (2) intersecting streets.

LOT COVERAGE. The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

LOT DEPTH. The average depth from the front line of the lot to the rear line of the lot.

LOT, INTERIOR. A lot other than a corner lot.

LOT LINES. The lines bounding a lot as defined herein.

a.

Lot Line, Front. The boundary between a lot and the street on which it fronts.

b.

Lot Line, Rear. The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Building Inspector shall determine the rear line.

c.

Lot Line, Side. Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or side street line.

LOT MEASUREMENTS.

a.

Area of the lot shall be the net area of the lot, expressed in square feet or acreage, and shall not include portions of any public street or alley.

b.

Depth of the lot shall be the length of a line connecting the mid-point of the front and rear lot lines.

c.

Width of the lot shall be the length of a line drawn perpendicular to the lot depth at its point of intersection with the front yard line, connecting the side lot lines.

LOT OF RECORD. An area of land designated as a lot on a subdivision plat duly recorded with the County Clerk of Young County, Texas; or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with said County Clerk.

LOT TYPES.

a.

Corner Lot. A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Inspector.

b.

Interior Lot. A lot other than a corner lot with only one street frontage and whose side lot lines do not abut any street.

c.

Through Lot. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage" lots.

d.

Cul-de-Sac Lot. A lot whose frontage is along the turn around portion of a street which has only one opening and terminates with a turn around at the closed end.

LOT WIDTH. The width measured at a distance back from the front line equal to the minimum depth required for a front yard.

MAIN BUILDING. A building in which is conducted the principal use of the lot on which it is situated.

MANUFACTURED HOME. A structure that was constructed or after June 15, 1976 and is transportable in one or more sections, which, in the traveling mode, is eight body feet (8′) or more in width or forty body feet (40′) or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems.

MANUFACTURED HOME PARK. A parcel of land which is owned by an individual, a firm, trust, partnership, public or private association or corporation, and has been developed for rental of lots to tenants with mobile homes.

MANUFACTURED HOME LOT. That part of a parcel of land in a manufactured home park which has been reserved for the placement of one (1) manufactured home unit.

MASONRY or MASONRY UNITS. Shall mean that form of solid construction composed of stone, brick, concrete, gypsum, hollow clay tile or other similar building units or materials or combination of these materials which must be laid up unit by unit and set in mortar.

MASSAGE ESTABLISHMENT. Any building, room, place, or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician, osteopath, chiropractor or a registered nurse or a doctor whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include duly licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician's direction.

MINI-WAREHOUSE. A building or group of buildings in a controlled access compound that contains individual, compartmentalized, and controlled access stalls or lockers of varying sizes not to exceed five thousand (5,000) square feet for the storage of merchandise, goods, and wares.

MOTEL. See "Hotel."

MOTOR VEHICLE. Shall mean every kind of motor driven or propelled vehicle whether required or not required to be registered or licensed under the laws of the State of Texas, including trailers, house trailers, and semi-trailers, and shall also include motorcycles, dirt bikes, or other off-road/all-terrain vehicles.

NEIGHBORHOOD CONVENIENCE CENTER. Centers which carry convenience goods, such as groceries, drugs, hardware and some variety items, and also may include some service stores. The neighborhood convenience center may contain one (1) or two (2) small apparel or shoe stores, but it is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase, sometimes called "spot necessity" items. This neighborhood serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.

NIGHTCLUB or DANCE HALL. An establishment operated as a place of entertainment, characterized by any of the following as a principal use of the establishment:

a.

Live, recorded or televised entertainment, including but not limited to performances by magicians, musicians or comedians;

b.

Dancing;

c.

Any combination of "a" and "b" above.

NON-CONFORMING USE. A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.

NUDITY or A STATE of NUDITY. Means less than completely and opaquely covered:

a.

Human genitals, pubic region, or pubic hair;

b.

Female breast or breast below a point immediately above the top of the areola;

c.

Human buttock; or

d.

Any combination of the above.

NURSING HOME. See "Convalescent Center."

OCCUPANCY. The use or intended use of the land or buildings by proprietors or tenants.

OPEN SPACE. Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves or porches.

ORCHARD. An area of one (1) acre or more which is used for the growing of fruit trees.

PARK or PLAYGROUND (PUBLIC). An open recreation facility or park owned and operated by a public agency such as the city or the school district and available to the general public for neighborhood use.

PARKING LOT. An unenclosed, all-weather surface area used exclusively for the temporary parking and/or storage of motor vehicles.

PARKING SPACE, OFF-STREET. For the purposes of this ordinance, an off-street parking space shall consist of a paved area of at least 167 square feet. The space shall be adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. The gross area for a parking space for commercial use shall not be less than 360 square feet including access spaces and driveways.

PAVED AREAS. An area surfaced with asphalt, concrete or similar all-weather surface, not including gravel.

PERSONS. Means a natural person, his heirs, executors, administrators, or assigns and also includes a firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

PLANNING AND ZONING COMMISSION. The agency appoint[ed] by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning.

PLANNED UNIT DEVELOPMENT (PUD). An area with a specified minimum contiguous acreage to be developed as a single entity according to a unified site design plan, containing one or more residential uses, office uses, commercial uses, industrial uses, public and quasi-public uses, or any combination of the same.

PERSONAL SERVICES. Businesses which provide services customized for an individual generally involving the care of the person or his/her apparel including but not limited to barber and beauty shops, shoe and boot repair, dry-cleaning shops, laundries, reducing salons, and health clubs.

PLANT NURSERY. An establishment which grows and sells plants, flowers, shrubs, grass and other items typically used as and associated with outdoor landscaping or house plants.

PLAT. A plan or a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Olney and subject to approval by the Planning and Zoning Commission. Reference to a plat in this ordinance means an official plat of record which has been approved by the planning and Zoning Commission and filed in the plat records of Young County.

PLUMBING SALES & SERVICE. An establishment selling plumbing supplies and parts and/or providing the repair and installation of plumbing and fixtures.

PREMISES. Land together with any buildings or structures occupying it.

PRINT SHOP. An establishment utilizing letter press, duplicating equipment, rotary presses or Linotype equipment to produce in printed form orders for its clients or customers.

PRIVATE CLUB. Facilities where food, beverages (including alcoholic beverages), entertainment, or meeting space are provided to members only.

PRIVATE DRIVE. An open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon.

PRIVATE STABLE. An area for keeping of horses for the private use of the property owner.

PROFESSIONAL OFFICE. A room or group of rooms occupied by a physician, optometrist, psychologist, chiropractor, dentist, attorney, engineer, surveyor, architect, accountant, planner, management consultant, or any other similar vocation. Veterinary clinics are specifically excluded from this definition.

PUBLIC USES. Any use controlled by the city, county, state, federal or any other governmental entity.

RANCH. An area of two (2) acres or more which is used for the keeping or raising [of] farm animals and livestock including but [not] limited to horses, mules, cows, cattle, and swine.

RECREATIONAL VEHICLE. Any lawful portable vehicle built on a chassis and intended to be used generally for temporary living and sleeping quarters for travel, recreation, and vacation purposes. The term includes travel trailers designed to be towed, motor homes designed as temporary dwellings equipped to travel under their own power, and any other portable contrivances intended to be used as temporary living and sleeping quarters which may be moved under its own power, towed, or transported by another vehicle. This definition does not include mobile homes or HUD-code manufactured homes.

RECREATIONAL VEHICLE PARK. Any lot, tract, or parcel of land upon which accommodation is provided for two or more recreational vehicles used as living or sleeping quarters by the day, week, or month, whether a charge is or is not made.

1.

Residential more than 50 percent of tenants on site for two weeks or more.

2.

Recreational more than 50 percent of tenants on site for two weeks or less.

RECYCLING COLLECTION FACILITY. A facility designed to collect, sort, and package, by either manual or mechanical processes, recyclable items for transport to a processing plant.

RENTAL STORE. An establishment which offers an array of items such as appliances, furniture, stereo equipment, televisions, etc. at a stated price for a fixed interval of time under a lease or rental agreement.

RESIDENTIAL DENSITY. The number of lots, dwelling units, or persons located or residing within a residential area.

a.

Gross Density. The number of lots, dwelling units, or persons, located within the total acreage of a residential area.

b.

Net Density. The number of lots, dwelling units, or persons located within the total acreage of residential area, exclusive of street rights-of-way, easements, non-residential land use sites, and acreage unsuitable for development.

RESIDENCE. Same as a dwelling; also when used with the word District, an area of residential regulations.

RESORT. Any tract of land used primarily to provide recreation and entertainment especially, but not exclusively, to tourists or vacationers and generally but not necessarily provides overnight accommodations for their guests in the form of hotels, motels, cabins, RV parks, RV rentals, etc.

RESTAURANT. Any eating or drinking establishment where the preparation and serving of food is the primary business of such establishment including cafes, bistros, cafeterias, and other fast food and drive-in food establishments.

ROOM. A building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.

ROOMING HOUSE. A building other than a hotel where lodging for three (3) but not more than twelve (12) persons is provided for definite periods for compensation pursuant to previous arrangement.

SALVAGE YARD. Shall mean and necessarily includes a salvage yard, automotive wrecking yard, and automotive graveyard[;] shall mean any lot or tract of land upon which three (3) or more discarded, abandoned, junked, wrecked, dismantled, worn out, or ruined motor vehicles (including autos, trucks, tractor-trailers, and buses), motor vehicle parts, boats, travel trailers, trailers, and/or recreational vehicles are either:

a.

Kept, stored, bought, sold, recycled, or otherwise placed; or

b.

Disassembled, dismantled, stripped, scrapped, recycled, or cut up.

SCHOOL. A place having a curriculum for the purpose of giving instruction, training or education in a service, art, trade, or for general knowledge.

SCREENING (DEVICE). Shall mean any of the following:

a.

Any solid fence or wall constructed of metal, brick, masonry or concrete; the vertical surface of which shall be without gaps, except openings for access.

b.

Any dense, screening shrubs providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or

c.

Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge, or other dense planting material.

SCREENING SHRUBS, LARGE. Shall mean shrubs with an installed minimum height of three (3) feet as identified below, or any other shrubs which, when mature, shall reach a minimum height of six (6) feet, provide a dense visual barrier, be drought resistant, and possess compact root systems posing minimum danger to integrity of public utilities. The large screening shrubs included on the following list are recommended to be planted to screen incompatible land uses, parking facilities, and dumpsters by forming a visual barrier.

SCREENING SHRUBS, SMALL. Shall mean shrubs with an installed minimum height of two (2) feet as hereinafter identified, or any other shrubs which, when mature, shall reach a minimum height of two (2) feet and provides a dense visual barrier. The small screening shrubs included on the following list are recommended to be planted to screen parking lots, playgrounds, ballfields, swimming pools, and tennis courts by forming a visual barrier.

SEAT. As used in determining parking requirements for this ordinance, a seat shall mean such sitting space as needed or which is designed to be used for one person to sit down and occupy.

SECOND HAND STORE. An establishment specializing in the sale of previously used materials, goods, and merchandise of less than twenty (20) years of age and of that material, goods and merchandise over twenty (20) years of age which do not derive a value as a result of their age.

SERVANTS QUARTERS. An accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

SERVICE STATION. A business establishment where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, and the servicing of vehicles occurs, but not including the major overhaul of automobiles, body work, or repair of heavy trucks and equipment. A service station is sometimes referred to as a "gas station," "filling station," or "fuel service station."

SETBACK. The minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the street line (Same as "Building Line.")

SEXUALLY ORIENTED BUSINESS. Shall mean a love parlor, nude modeling studio, adult bookstore, adult movie theater, adult video arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

SHOPPING CENTER or MALL. A planned and coordinated grouping of retail business and service uses on a single site or a combination of sites where special attention is given to on-site vehicular circulation, parking, and building design and orientation.

SIGN. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however that the following shall not be included in the application of the regulations herein:

a.

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;

b.

Flags and insignia of any government except when displayed in connection with commercial promotion;

c.

Legal notices; identification, informational, or directional signs erected or required by governmental bodies;

d.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights;

e.

Governmental and school candidate signs in residential and agricultural districts, advertising the political election thereof, provided such signs shall be removed no later than fifteen (15) days following the date such advertising is no longer necessary by virtue of election results.

SITE DEVELOPMENT PLAN. A drawing showing the provisions for a proposed project, including such information that enables the drawing to serve as a plat, together with information pertaining to all covenants relating to land use, location and bulk of structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities, and all other reasonable information required by the Planning and Zoning Committee as a part of the review process.

SMALL ANIMAL CLINIC. An office or group of offices for one or more veterinarians engaged in treating diseases or injuries to small domestic animals. Structures are to be soundproof and no outside facilities are permitted.

SPECIAL USE PERMIT. A use that may be allowed if it meets certain specified requirements or conditions and meets the approval of the City Council.

SPECIFIED ANATOMICAL AREA. Means human genitals, pubic regions, buttocks and female breast below a point immediately above the top of the areola.

SPECIAL EXCEPTION. A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if specific provisions for special exception is made in this zoning ordinance.

SPECIFIED SEXUAL ACTIVITIES. Means and includes the fondling or other erotic touching of human genitals; sexual acts including intercourse, copulation, or sodomy, or masturbation; or excretory functions as part of or in connection with any sexual act or fondling or other erotic touching of human genitals.

SPECIAL USE PERMIT. A permit authorized by the City Council for the use of land or structures. The City Council, after conducting a public hearing as is required for all amendments to the zoning ordinance in accordance with Section 22 [Section 24] "Changes and Amendments," may authorize for specific parcels of land the issuance of a Special Use Permit in accordance with the provisions of Section 9 "Use Schedule" in those districts where it is indicated that a Special Use Permit for a specific type use may be approved.

STABLE, PRIVATE. An accessory building used by the residents of the premises for sheltering and quartering of horses owned by the occupants and for which no fee is charged for stabling the horses.

STABLE, PUBLIC. A lot or tract of land used for the sheltering and quartering of horses for which a fee or charge is made for the stabling of the horses.

STONE SCREENING. Washed stone ½ inch or 1-½ inch in size.

STORY. That portion of a building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above.

STORY, HALF. The topmost story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4′) above the floor of such story, except that any partial story used for residence purposes shall be deemed a full story.

STREET. Any public thoroughfare dedicated to the public use and not designated as an alley or officially approved place.

STREET LINE. The right-of-way of a street.

STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels.

STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required to protect health and safety.

SWIMMING POOL, PRIVATE. A recreational facility used for swimming which is used [by] the owners, employees, or residents of the property and their guests.

SWIMMING POOL, PUBLIC. A recreational facility used for swimming which is open to the public for which a membership is required or a fee or charge is made for the use of the facility.

TACK STORE. A commercial establishment which sells horse equipment such as saddles, bridles, blankets, riding accouterments, etc.

TELEVISION SATELLITE DISH. An earth-based station shaped like a dish which is used for the reception of satellite signals for television programs.

TENNIS COURT, PRIVATE. A concrete or clay court which is used for the playing of tennis by the owners, employees, or residents of the property and their guests.

TENNIS COURT, PUBLIC. A concrete or clay court which is used for the playing of tennis by the general public and for which membership is required or a fee or charge is made for the use of the facility.

THOROUGHFARES. As described in the City's Comprehensive Plan.

TOOL AND EQUIPMENT RENTAL. An establishment which offers an array of tools and equipment and machinery such as cranes, backhoes, trucks, tractors, etc. at a stated price for a fixed interval of time under a lease or rental agreement.

TOWNHOUSE. A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party or common walls or are located immediately adjacent thereto with no visible separation between walls or roofs. This definition shall also include the term "condominium."

TRAILER CAMP or PARK. An area designed, arranged or used for the parking or storing of one or more recreational vehicles, travel trailers, motor homes, motor coaches, pick-up campers, and camping trailers which are occupied or intended for occupancy as temporary living quarters by individuals or families.

TRUCKS. A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people and having a G.V.W.R. in excess of one (1) ton.

TURFS. Shall mean the following list of turfs and any other turfs which can be demonstrated to the building official to be drought resistant.

TRAVEL TRAILER. A mobile vehicle built on a chassis and designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highway as contrasted to a mobile home.

UNDERGROUND SHELTER. A concrete structure designed for the protection of humans from tornadoes or from nuclear blast, heat, or fall-out, the main portion of which is underground.

USE. When applied to land or buildings, the purpose or activity for which such land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

USE, ACCESSORY. A subordinate use on the same lot with the principal use and incidental and accessory thereto.

USED AUTO SALES LOT. A lot or portion thereof to be used only for the purchase, trade, display, and sale of automobiles that are in condition to be driven on or off the lot, under its own power. Used car lots shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles, or the storage of automobile parts.

VARIANCE. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, and expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of non-conformities in the zoning district or uses of an adjoining zoning district [sic].

VETERINARY CLINIC. An establishment for the care and medical veterinary practice on or for domestic household animals, conducted completely within an enclosed structure. This term shall also include "animal clinic."

VETERINARY HOSPITAL. An establishment for the care and medical veterinary practice on or for large animals and household domestic animals and which animals may be boarded during treatment in outside pens, runs or stables. This term shall also include "animal hospital."

WAREHOUSE. A building or group of buildings used for the storage of merchandise, goods, and wares.

WASHATERIA. A building or place where clothes and linens are washed and thoroughly dried on a self-service basis by the use of washing, drying, and ironing machines and shall include the term "self-cleaning laundry."

YARD. An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward unless specifically otherwise permitted in this ordinance.

YARD, FRONT. A yard extending along the whole length of the front lot line between the side lot lines and being the minimum horizontal distance between the street right-of-way line and main building or any projections thereof other than steps and unenclosed porches.

YARD, REAR. A yard extending across the rear of a lot between the side lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps and unenclosed porches.

YARD, SIDE. A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear yard and being the minimum horizontal distance between any building or projections thereof and the side lot line.

ZONING DISTRICT MAP. The official certified map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance.

(Ord. No. O8-22 , § 17, 3-14-2022; Ord. No. O17-22 , 6-13-2022)

Sec.

18.1. ALL TERRITORY hereafter annexed to the City of Olney, Texas, shall be classified as "AG" Agricultural District, until permanently zoned by the City Council of the City of Olney. The City Planning and Zoning Commission shall, as soon as practicable after annexation of any territory to the City of Olney, institute proceedings on its own motion to give the newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

Sec.

19.1. ENFORCEMENT: This Ordinance shall be enforced by the building official appointed by the City Council. No oversight or dereliction on the part of the building official or on the part of any official or of employees of the City or County shall legalize, authorize or excuse the violation of any of the provisions of this Ordinance.

Sec.

19.2 DISTRICT BOUNDARIES: Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map accompanying and made a part of this Ordinance, the following rules apply:

19.201.

The District boundaries are either street or alley centerlines unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Ordinance are bound approximately by street or alley centerlines, the street or alley centerline shall be construed to be the boundary of the district.

19.202.

Where the district boundaries are not otherwise indicated, and where the property has been or may be hereafter be divided into blocks and lots the district boundaries shall be construed to be the lot lines and where the districts designated on the district map accompanying and made a part of this Ordinance, are bound approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

19.203.

In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by the use of the scale appearing on the map.

19.204.

In the case of a district boundary line dividing a property into two (2) parts, the district boundary line shall be construed to be the property line nearest the district boundary line as shown.

19.205.

Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.

19.206.

Where the streets or alleys on the ground differ from the streets or alleys as shown on the official Zoning Map, the streets or alleys on the ground shall control.

19.207.

If none of the above apply, the Board of Adjustment shall determine the location of the district boundary.

Sec.

19.3. INTERPRETATION: In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that if this Ordinance imposes a greater restriction, this Ordinance shall control.

A Board of Adjustment is hereby created and established. The said Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the Ordinance in harmony with its general purpose and intent and in accordance with general or specific rules herein contained.

Sec

20.1. THE BOARD of Adjustment shall consist of five (5) members and two (2) alternates, each appointed for a term of two (2) years and removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member or alternate whose term becomes vacant. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members.

Sec.

20.2. THREE OF the initial five members and one of the alternates shall be appointed for an initial term of two (2) years, and two (2) of the initial Board and one (1) alternate shall be appointed for an initial term of one (1) year. Thereafter, all terms shall be for a period of two (2) years.

Sec.

20.3. THE BOARD of Adjustment shall meet and organize as soon as practicable and shall elect one (1) of its members as chairman, one (1) as vice-chairman and one (1) as secretary. The Board shall adopt rules necessary for its government and procedures not inconsistent with the provisions of this Ordinance. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

Sec.

20.4. APPEAL: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the building official. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the building official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Sec.

20.5. AN APPEAL stays all proceedings in furtherance of the action appealed from, unless the building official certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the building official and on due cause shown.

Sec.

20.6. THE BOARD of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

Sec.

20.7. THE BOARD of Adjustment shall have the following powers:

20.701.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building official in the enforcement of this Ordinance.

20.702.

To hear and decide special exceptions to the terms of this Ordinance upon which the Board is required to pass.

20.703.

To authorize, upon appeal in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done.

Sec.

20.8. IN EXERCISING the above-mentioned powers the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may take such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building official from whose action the appeal is taken.

Sec.

20.9. THE CONCURRING vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in this Ordinance.

Sec.

20.10. NO ORDER of the Board of Adjustment permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

Sec.

20.11. NO ORDER of the Board of Adjustment permitting a use of a building or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is obtained within such period and such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

Sec.

20.12. JURISDICTION OF THE BOARD OF ADJUSTMENT: The Board of Adjustment shall have all powers granted by and be organized and controlled by the provisions of Article 1011g, Vernon's Revised Civil Statutes of Texas and any amendments thereto. The Board of Adjustment is hereby vested with power and authority, and in appropriate cases and subject to appropriate conditions and safeguards, to make such exemptions and exceptions to the terms of this Ordinance in harmony with its general purposes and intent and in accordance with general or special rules herein contained for the purpose of rendering full justice and equity to the general public.

Sec.

20.13. APPEALS FROM ACTION OF THE BOARD OF ADJUSTMENT: Any persons or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board.

Sec.

20.14. UPON PRESENTATION of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the time within which a return thereto must be made and served upon the time within which a relator's attorney [sic], which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.

Sec.

20.15. THE BOARD of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

Sec.

20.16. IF, UPON the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly, or may modify the decision brought up for review.

Sec.

20.17. COSTS SHALL not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

Sec.

21.1. NO VACANT land shall be occupied or used, or except for agricultural purposes, and no building hereafter erected, reconstructed, altered, or enlarged, shall be occupied or used until a certificate of occupancy shall have been issued by the Building Official stating that the building or proposed use of a building or premises complies with the building laws and the provisions of this Ordinance.

Sec.

21.2. CERTIFICATES OF occupancy shall be applied for coincident with the application for building permit, and shall be issued within ten days after the erection of structural alteration of such building shall have been completed in conformity with the provisions hereof.

Sec.

22.1. ALL APPLICATIONS for building permits shall be accompanied by a drawing or plat, in triplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of building and lot, and such other information as may be necessary to provide for the enforcement of these regulations. This plat shall be prepared after the lot has been staked by a licensed surveyor. A careful record of the original copy of such application and plats shall be kept in the office of the City Secretary.

Sec.

23.1 VIOLATION AND PENALTIES: The owner of a building or premises in or upon which a violation of any provision of this Ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor, or any other person, firm or corporation who commits, takes part or assists in any violation, or who maintains any building or premises in or upon which such violation exists, shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each and every day that such violation continues may constitute a separate offense.

Sec.

23.2. IN CASE any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of this Ordinance, the appropriate authorities of the City, in addition to other remedies, may institute appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use to correct or abate such violation, or to prevent the occupancy of such building, structure, or land.

If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of provisions thereof, other than the part so decided to be invalid or unconstitutional.

Existing Ordinances and parts of ordinances in conflict herewith are repealed to the extent of such conflict.

This Ordinance shall be effective and be in full force and effect immediately upon its passage and publication as by law provided.

(Ord. No. 6-99, 8-9-1999)

General Provisions: This district is intended to be composed of single-family dwellings on large or intermediate-sized lots, together with the public and parochial schools, churches, public parks and other public facilities essential to create basic neighborhood units. The R-1 district is also considered to be the proper zoning classification for large areas of undeveloped land in the City appropriate for single-family dwelling use, in order to protect and encourage the continued development of such areas for such use. It is anticipated that some change of portions of this district to more dense residential use may from time to time be appropriate to encourage the redevelopment of desirable forms of housing.

Uses: Single-family detached dwelling for one family, meaning one or more persons living together whether related by blood, marriage or adoption and having common housekeeping facilities. Single-family units permitted in the R-1 district shall include industrialized modular homes but shall exclude manufactured homes and manufactured home additions to structures.

See Section 9: Schedule of Permitted Uses.

Lot Requirements:

Lot Area: Minimum 8,500 square feet.

Lot Width: Minimum 70 feet at building setback and 60 feet at building setback on cul-de-sacs.

Lot Depth: Minimum 110 feet at the most narrow point of lot.

Maximum lot coverage by all buildings: 40 percent.

Yard Requirements:

Front Yard: Minimum depth 25 feet.

Side Yard: Minimum of 5 feet except that side yard adjacent to street shall not be less than 15 feet.

Rear Yard: Minimum 20 feet.

Off-Street Parking Requirements: One (1) parking space for each single-family dwelling (See Section 13).

General Provisions: This district is intended to accommodate single-family dwelling units on moderate sized lots. Two, three and four family dwelling units may be placed in this district subject to the provisions of Section 24; Changes and Amendments. This district will serve to promote the use of duplex, triplex and quadplex housing where the City Council feels there is a legitimate need for it and those uses do not detract from surrounding land uses.

Uses: See Section 9; Schedule of Permitted Uses.

Lot Requirements:

Lot Area: 7,000 sq. ft. (duplex), 10,500 sq. ft. (triplex), 14,000 sq. ft. (quadplex).

Lot Width: Minimum 60 feet at building line (duplex)

90 feet at building line (triplex)

120 feet at building line (quadplex)

Lot Depth: Minimum 100 feet at most narrow point

Maximum lot coverage by all buildings: 60 percent

Yard Requirements:

Front Yard: Minimum depth 25 feet

Side Yard: Minimum of 5 feet except that side yard adjacent to a street shall not be less than 15 feet

Rear Yard: Minimum 20 feet

Off-Street Parking Requirements:

One (1) parking space for each single-family dwelling unit. For two, three or four family dwelling units: One and one-half (1-½) parking spaces for each dwelling or one (1) parking space for each bedroom, whichever is greater.

General Provisions: This district is designed to accommodate single-family, duplex, triplex, and quadplex dwellings as well as manufactured homes that are permanently anchored to the ground on moderate sized lots as an intermediate classification allowing an orderly transition from the neighborhood of exclusively single-family dwellings to the higher density of other modes of multifamily living. The lot and yard regulations of this district are intended to carry out the above stated objectives. Prefabricated additions to be residential structure such as those utilized by the manufactured home industry are permitted in this district.

Uses:

1.

See Section 9: Schedule of Permitted Uses.

2.

Manufactured homes are permitted on individual residential lots when the manufactured home meets the following requirements:

a.

All manufactured homes meet the City housing, construction and fire codes;

b.

All manufactured homes meet the zoning requirement of front yard, side yard, rear yard, off-street parking areas, lot size and other such requirements of the R-2 district;

c.

All manufactured homes must be provided with metal or mortared masonry skirts around the entire unit;

d.

All manufactured homes must have all wheels and running gear removed;

e.

All manufactured homes must be equipped with tie downs (inspected by the City Building Inspector), be affixed three to a side and be either concrete "dead man" or auger type anchor as recommended by the manufactured home manufacturer;

f.

All manufactured homes must be connected to all public and private utilities in a permanent manner rather than by means normally found in manufactured home park hook-ups;

g.

All manufactured homes must be listed with the local tax boards as real estate and not as a manufactured unit with trailer license or as personal property.

For buildings more than two and one-half (2-½) stories in height, each side yard shall be increased one (1) foot in width for each story above the second floor.

3.

Width of Lot: Same as District R-2.

4.

Lot Area: In the R-3 Multifamily District the lot area requirements for single-family dwellings, duplexes, triplexes, quadplexes and manufactured homes shall be the same as District R-2.

5.

Off-Street parking: one (1) space for each family unit plus three (3) spaces for each four (4) units or fraction thereof.

General Provisions: This district allows medium to high density multifamily dwelling use of the land and is intended to comprise larger tracts of land and designed so as to provide total residential amenities of open space, recreation space and areas of protected off-street parking. This district is intended to be located near high volume thoroughfares due to the traffic generating probability of medium to high density dwelling units within this district.

Uses: See Section 9: Schedule of Permitted Uses.

Requirements:

1.

Height: No building hereafter erected, reconstructed, altered or enlarged shall exceed eight (8) stories, nor shall it exceed ninety-six (96) feet.

2.

Front Yard: Same as R-2 District.

3.

Rear Yard: Same as R-2 District.

4.

Side Yard: For buildings not exceeding two and one-half (2-½) stories in height the side yard requirements shall be the same as District R-2.

General Provisions: This district is a limited retail category intended for use near neighborhood areas for purposes of supplying day-to-day retail needs of the residents, such as food, drugs and personal services. The area, yard, parking and screening regulations of this district are calculated to permit neighborhood convenience facilities compatible with the adjacent residential areas which they are intended to serve.

Uses: See Section 9: Schedule of Permitted Uses.

Requirements:

Each store, shop or business shall not exceed twenty-five hundred (2,500) square feet of floor area. No drive-in or curb service shall be permitted.

The yard requirements of the R-3 District shall apply.

The off-street parking and loading space requirements as set forth in Section 13 shall apply.

General Provisions: This commercial district is intended to accommodate those retailing and commercial land uses that are most normally located on major highways. The land uses are by their nature automobile related as typified by shopping centers, drive-in restaurants, automobile sales, service and/or repair, and such uses that would require a high degree of exposure to large volumes of customer traffic. Due to the automobile related types of uses permitted in this district, this district is designed to be located along major highways and requires that adequate on-site parking, loading and unloading areas and traffic access points be provided.

Uses:

1.

See Section 9: Schedule of Permitted Uses.

2.

Private Clubs will be permitted upon issuance of a Special Use Permit. Conditions of the Special Use Permits are as follows:

a.

The minimum distance between the structure which is to be operated as a Private Club and any established residential neighborhood shall be 500 feet.

b.

A 1,000′ setback is required from any church or school.

c.

A six-foot high 100-percent impervious fence shall be provided along the full length of property lines that adjoin any residential zone or use.

d.

A paved parking lot with one parking space for each seventy-five (75) square feet of gross floor area or one parking space for every two (2) members, whichever is greater. The parking lot shall be striped to provide parking stall and provide adequate on-site traffic circulation.

e.

Access shall be limited such that not more than 60 percent of the street frontage may be utilized for driveways and no more than two (2) points of ingress/egress may access onto adjacent streets. Methods of limiting access shall be approved by the City Council.

f.

No building permit shall be issued for the use of a Private Club or dance hall until a Special Use Permit has been issued as required in Section 11.

Lot Requirements:

Lot Area: Minimum 2,500 square feet.

Lot Width: Minimum 25 feet.

Lot Depth: Minimum 100 feet.

Maximum lot coverage by all buildings: 60 percent.

Yard Requirements: Same As B-1.

Off-Street Parking and Loading Space Requirements: As set forth in Section 13.

General Provisions: The B-3 District is applicable to that area of the City of Olney historically known as the Central Business District. The uses permitted include all uses found in the preceding commercial districts and is the most permissive in lot sizes, yard areas, lot coverage, off-street parking and loading requirements. This district is normally the center of the office, financial, governmental and comparative shopping activities for the City.

Uses:

1.

See Section 9: Schedule of Permitted Uses.

2.

Private Club will be permitted [upon] issuance of a Special Use Permit; conditions are as stated in Section 6.2.

Lot Requirements:

Lot Area: Minimum 2,500 square feet.

Lot Width: No requirement.

Lot Depth: No requirement.

Maximum Lot coverage by all buildings: 100 percent.

Yard Requirements: No front, side or rear yard requirements except where a B-3 lot abuts an R-1, R-2 or R-3 lot in which event the yard requirements will be the same.

Off-Street Parking and Loading Space Requirements: As set forth in Section 13.

General Provisions: Industrial development, particularly of the distribution and light processing type, represents the basic foundation of future growth for the City of Olney. These industries will be an important factor in the labor market as highway development is completed within the general area. For this purpose, the L-1 Industrial District was created to permit manufacturing and industrial uses.

Uses:

1.

See Section 9: Schedule of Permitted Uses.

2.

Manufactured homes may be permitted to reside temporarily in the L-1 District upon obtaining a Special Use Permit.

3.

All other related uses which are not prohibited by law and which do not produce toxic and noxious matter.

4.

Private Clubs will be permitted (requirements outlined in Section 6.2).

Lot Requirements:

Lot Area: Minimum of 5,000 square feet.

Lot Width: Minimum of 50 feet.

Lot Depth: Minimum of 100 feet.

Maximum lot coverage by all buildings: The main building and accessory buildings shall not occupy more than 75 percent of the lot area.

Yard Requirements: No front, side or rear yard requirements except where an L-1 lot abuts an R-1, R-2, R-3, B-1, B-2 or B-3 lot in which event requirements will be the same.

General Provisions: There exists in certain fringe areas of the City, land which is presently used for agricultural purposes and to which all urban services are not yet available. These lands should appropriately continue to be used for agricultural purposes until needed for urban purposes in conformity with the orderly growth of the City. The uses permitted in this district are intended to accommodate the normal farming, ranching and gardening activities. It is anticipated that all of the AG Agricultural District areas will be changed to other urban zoning classifications as such areas develop.

Uses:

1.

Farms, ranches, orchards, truck gardens, nurseries for the growing of plants and similar agrarian activities, involving the growing of plants and raising and pasturing of livestock as permitted by applicable City codes.

2.

Single-family dwellings clearly incidental to the operation of the above-listed activities, including dwellings on the same farm or ranch used exclusively for the housing of employees living on the premises; provided that tracts in the AG District which contain less than five (5) acres in separate ownership shall be limited to one (1) principal dwelling.

3.

Principal dwellings and accessory buildings and structures clearly incidental to the above operations, including but not limited to barns, stables, equipment sheds, granaries, pump houses, water tanks and silos; provided that accessory buildings and structures on tracts in the AG District shall be limited to fifty percent (50%) of the area of the total acreage.

4.

Installations owned and operated by the City of Olney, Young County, the State of Texas or Public Utility Companies, which installations are necessary for the public safety, governmental services, or the furnishing of utility services to or through the AG Agricultural District.

5.

Public and parochial schools, colleges and universities.

6.

Museums, libraries, parks, playgrounds, community centers or recreational areas owned and operated by the City of Olney, Young County, the State of Texas or owned by such agencies and operated under their control and supervision.

7.

Churches.

General Provisions: It has been determined that within the City of Olney, Texas, there exist flood hazard areas which are subject to periodic inundation and which can result in loss of life and property, cause disruption of commerce and governmental services and facilities, induce extraordinary public expenditures for flood protection and relief and impairment of the tax base all of which adversely affect the public health, safety and general welfare. It has further been determined that such losses in flood hazard areas are caused by the cumulative effect of obstructive [obstructions] in floodways which increase flood heights and velocities and the occupancy of floodplains by uses vulnerable to floods or hazardous to other inadequately elevated or otherwise unprotected uses from flood damages.

It is the purpose and intent of this section, therefore, to promote and safeguard the public health, safety and general welfare in minimizing the aforedescribed losses by provisions designed to:

a.

Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause increased flood heights or velocities;

b.

Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction or major expansions thereof;

c.

Protect individuals in the acquisition or development of lands which are generally unsuited for certain purposes because of potential flood hazard;

d.

Provide for the establishment of a comprehensive drainage plan for the major watercourses, drainage ways and greenbelts of the City.

In order to achieve the aforedescribed purposes, a district is established: "FP" Flood Plain, which delineates the floodway encroachment lines which are still subject to inundation by the regulatory 100-year flood. This district is superimposed on the Zoning District Map and its provisions apply to all lands, water areas and watercourses within the City.

Application, Administration and Enforcement: No land, water, building or structure shall hereafter be used and no building or structure shall be located, extended, converted or undergo major structural alterations, nor shall any building permit, fill permit or certificate of occupancy be issued, nor shall any zoning district change or subdivision plat be approved without full compliance with the terms and provisions of this section and other applicable Zoning, Subdivision and Building Code Regulations. The City Clerk, City Engineer and the Zoning Board of Adjustment, when applicable, shall administer and enforce this section. In administering this section, the City will coordinate its administration with affected neighboring jurisdictions, local, county, state and federal agencies to assure compatibility of related flood control, open space and floodplain management decisions and measures across jurisdictional lines and conform with applicable laws, statutes and administrative rules and regulations at all governmental levels.

Designation, Determination and Interpretation of Flood Hazard District Boundaries: There shall be superimposed upon the Official Zoning District Map, as an overlay, "FP - Flood Plain" District boundary designation, as determined by the United States Corps of Engineers report, "Flood Plain Information; Salt Creek and Tributaries, Olney, Texas." The boundaries thereof shall be determined by scaling distances on the Zoning District Map. Where interpretation is required as to the exact location of the boundaries of said districts then reference to the United States Corps of Engineers report "Flood Plain Information; Salt Creek and Tributaries, Olney, Texas" or other updated surveys and studies using controlling floodwater surface and land elevation data therefrom, plus interpretation and review by the City Engineer shall be made for more exact determinations. However, where a conflict arises between a mapped boundary and existing on-site field conditions, or due to more current updated information supplied by the landowner or City, then the Zoning Board of Adjustment shall make and rule on the necessary interpretation.

While the regulatory flood protection elevation, for any point in question or dispute, shall be the governing factor in locating the district boundary on the property in question, the land owner contesting any district boundary location shall be given an opportunity to present his findings of fact to the Zoning Board of Adjustment and submit his technical evidence, if so desired.

In any interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

Determination of "FP" District boundaries shall be made in conformance with either or all of the following methods:

a.

By a comprehensive engineering watershed study, using technical and professionally acceptable hydrological and hydraulic criteria and procedures, of all or a part of the land embraced within the City's corporate limits and areas of extraterritorial jurisdiction;

b.

By the owner's registered professional engineer when a subdivision plat and/or zoning district change embracing residential, commercial or industrial development is prepared for submission and approval by the City or when a request for a building permit or fill permit is made to the City by the owner. The methodology used in such determination shall be the same as in paragraph a. above.

"FP" District boundary lines shall correspond to the following: The outer "FP - Flood Plain" District boundaries shall correspond to, and be the same as, the regulatory flood elevation existing at the time of passage of this section or future amendments thereto. This elevation is further defined as being the 100-year (or one-percent chance of occurring during any year) floodwater surface elevation.

The floodplain information has been delineated on the basis of the report titled "Flood Plain Information; Salt Creek and Tributaries, Olney, Texas." This report was prepared by the Federal Emergency Management Agency with an effective date of December 4, 1985.

Permitted Principal Uses: The following uses shall be permitted to the extent they are permitted within the zoning district in which the "FP" district is superimposed thereon, and further provided that such uses do not require buildings or structures, fill, storage or equipment, machinery or materials unless in conformance with this section.

a.

Any open space or non-structural use permitted.

b.

Any structural use, provided such use is elevated above the minimum floor elevation (regulatory flood protection elevation).

c.

Residential, commercial, industrial and community facility buildings or structures, including manufactured homes, constructed or placed on fill and floodproofed, provided they shall have the lowest floor not less than one (1) foot above regulatory flood protection elevation and further provided that any such permitted fill shall be placed to an elevation not lower than one (1) foot above regulatory flood protection elevation and further provided that any such permitted fill shall be placed to an elevation not lower than one (1) foot below the regulatory flood protection elevation for the particular area and such fill shall be extended horizontally at said elevation not less than 15 feet beyond the limits of the perimeter of any building or structure erected thereon.

d.

New manufactured home parks and subdivisions for expansions to existing manufactured home parks; and for manufactured homes not placed in a manufactured home park or subdivision, provided:

1.

Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level.

2.

In the instance of elevation on pilings; a) piling foundations are placed in stable soil no more than ten (10) feet apart, and; b) reinforcement is provided for pilings more than six (6) feet above the ground level.

Special Exceptions: In order to provide for certain uses which because of their unique character cannot be given unconditional usage within the "FP" District, the Zoning Board of Adjustment may, in conformance with this section, authorize and grant the following "special exceptions" contingent upon reasonable and appropriate safeguards and upon determination of said exceptions not creating additional flood hazards to other private or public interests, and when allowed in the zoning district underlying the "FP" District in which they are to be located:

a.

Nonresidential and accessory buildings or structures (either temporary or permanent) provided such are adequately floodproofed or otherwise protected, in conformance with the requirements outlines in the "Special Provisions" paragraph of this subsection, to a point above the regulatory flood protection elevation.

b.

Filling of land for any purpose.

c.

Solid fences or walls which are parallel to the flow line of the floodway and floodplain.

d.

Levees, dikes, berms or similar floodproofing means.

Prohibited Uses: The following uses are expressly prohibited:

a.

Operative electrical equipment or transformers unless elevated above the regulatory flood protection elevation.

b.

Unsecured (floatable) storage of junk, materials or equipment below the regulatory flood protection elevation.

c.

Feeding or disposal of garbage, rubbish, trash or offal.

d.

Obstructive structures or buildings which hinder floodwater flowage or which create additional flood hazards to other public or private interests.

e.

Hospitals, nursing homes, boarding schools and orphanages, sanitariums, hotels, motels, detention centers, fraternities and sororities, dormitories and other uses of similar nature and character.

f.

Any other use not otherwise permitted.

Fill: Any application requesting any fill material proposed to be deposited or placed within the Flood Hazard Districts must first be submitted to the City Engineer for review and recommendation prior to the consideration of and issuance of a fill permit by the Zoning Board of Adjustment. Prior to the issuance of such permit the proposed fill must be shown by the owner to have some beneficial purpose and the amount thereof shall not be greater than is necessary to achieve such stated purpose, as demonstrated by a plan drawn to scale of not less than 1″ = 100′, along with a sufficiently detailed narrative describing the type, quantity, compaction and dimensions of the fill material including the uses to which the fill material will be put. Such fill or other materials shall be adequately protected against erosion or slippage by either riprap, bulk heading and/or vegetative cover, whichever is approved as being the most reasonable and adequate method by the City Engineer.

Buildings and Structures: Temporary and Permanent: No building or structure shall be designed or occupied for human habitation within the Flood Hazard District unless such meets the requirements of this section. The design of any permitted building or structure shall be such as to afford a low flood damage potential. Permitted buildings placed or constructed within the Flood Hazard Districts shall be positioned and oriented so as to offer the minimum degree of obstruction to the flow of floodwaters.

Whenever possible, buildings and structures shall be positioned with their longitudinal axis parallel to the direction of flood flow; and so far as practicable, buildings and structures shall be placed approximately on the same flood flow lines as those of any adjoining permitted structures on either end.

All permitted buildings, structures and manufactured homes shall be firmly secured or anchored to prevent flotation, collapse or lateral movement which may result in damage to other structures, restriction of bridge or culvert openings and other narrow sections of the watercourse, drainage way, creek, greenbelt and the like.

Service facilities such as electrical and heating equipment shall be constructed or placed at or above the regulatory flood protection elevation for the particular area.

Permitted major repairs, alterations or enlargements of existing buildings or structures within the Flood Hazard Districts shall use construction materials and utility equipment that are resistant to flood damage and employ construction methods and practices that will minimize flood damage.

Construction methods and practices that will minimize flood damage shall be employed on all new construction and such shall be protected from flood damage.

Floodproofing: All structures permitted to be erected or constructed pursuant to the provisions of this section shall be floodproofed. Floodproofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces and other factors associated with the regulatory flood. The Zoning Board of Adjustments may require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with regulatory flood protection elevation and associated flood factors for the particular area. The following floodproofing measures may be required, without limitation because of specific enumeration:

a.

Anchorage to resist flotation and lateral movement.

b.

Installation of watertight doors, bulkheads and shutters.

c.

Reinforcement of walls to resist water pressure.

d.

Use of paints, membranes or mortars to reduce seepage of water through walls.

e.

Addition of mass or weight to structures to resist flotation.

f.

Installation of pumps to lower water levels in structures.

g.

Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.

h.

Pumping facilities for subsurface external foundation wall and basement floor pressures.

i.

Construction to resist rupture or collapse caused by water pressure or floating debris.

j.

Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

k.

Elevation of structures and uses to the regulatory flood protection elevation.

l.

Floodproofing by use of levees, dikes, berms or similar means must meet the requirements of state statutes and shall not create additional flood hazards to other public or private interest.

Storage of Materials and Equipment: The storage or processing of materials that are buoyant, flammable, explosive or could be injurious to human, animal or plant life in time of flooding is expressly prohibited.

Storage of other material or equipment when otherwise permitted may be allowed if such is not subject to major damage by floods, and is firmly secured to prevent flotation, collapse or lateral movement or such can be readily removable from the area within the limited time available after flood warning.

Water Supply and Sanitary Sewage Facilities: New or replacement water supply and sanitary sewage facilities shall be designed and installed to minimize or eliminate infiltration of floodwaters into water systems and discharges from sewage systems into floodwaters. Land developments with planned on-site waste disposal systems shall be approved only where the system can be designed, located and constructed or placed so as to avoid impairment or contamination of such facilities during flooding. These requirements are applicable as a part of subdivision plat approval and/or in connection with the issuance of a building permit.

Proof of Concurrence of Fill, Land Use or Development, by Other Agencies: In cases where the use of land, placement of fill or other development is proposed in a designated Flood Hazard District, the City or Zoning Board of Adjustment may, at its discretion, require proof of concurrence by the Water Rights Commission and/or the Texas Water Development Board pursuant to V.T.C.S. and the Texas Water Code. The City and/or Zoning Board of Adjustment shall adhere to all Texas statutory and constitutional requirements when rendering any decision or issuing any applicable permit.

Special Exception Approval for Flood Hazard Districts:

Application and Procedures: Requests for any special use listed in this subsection as requiring a "Special Exception Approval" may be allowed only upon written request by the land owner to the Zoning Administrator and upon issuance of a "Special Exception Approval" by the Zoning Board of Adjustment. Upon receipt of the written request, the Zoning Administrator shall forthwith submit one copy to the City Engineer (for his review and recommendation to the Zoning Board of Adjustment) and one copy to the Zoning Board of Adjustment. One copy shall be kept on file in the office of the City Secretary for purposes of general public information. The Board shall conduct its review and investigation and pass on the application's approval or disapproval in accordance with the established procedures set forth herein and elsewhere described in the City's Zoning Ordinance.

Supplemental Information: Requirements: Upon receipt of a request for a "Special Use Approval" involving land use, placement of fill, construction of levees, dikes, berms or similar floodproofing means, construction or alteration of new or existing buildings and structures including their accessory uses or storage of materials and equipment, the Board may, prior to rendering a decision thereon and upon recommendation from the City Engineer:

a.

Require the applicant to submit, where applicable, plans in triplicate drawn to scale of not less than 1″ = 100′ in plan and other appropriate scale drawings showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures and the relationship of the above to the location of the channel and floodway and the regulatory flood elevation.

b.

Transmit where necessary one copy of the information described in section a. to any other designated person or agency from which the Board of Adjustment may request expert technical assistance in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters.

c.

Require, where special circumstances necessitate more detailed information, the applicant to furnish the following additional information as deemed necessary by the Board for the evaluation of the effects of the proposed use upon flood flows and other factors necessary to render a decision on the suitability of the proposed use:

1)

A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.

2)

Plan (surface view) showing elevations or contours of the ground; delineation of the floodway encroachment lines and "FP" District boundaries, when involved; pertinent structures, fill, or storage elevation; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream; and soil types and other pertinent information.

3)

Profile showing the slope of the bottom of the channel or flow line of the stream; and water surface elevation of the 100-year regulatory flood, from official maps and data.

4)

Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

General provisions: It is the purpose of this district to provide regulations for recreational vehicle parks at appropriate locations in relation to the existing, immediate, and potential development and in relation to other uses and community facilities to afford a proper setting for such uses and proper relation to other land uses.

Uses: Recreational vehicle parks all of which are designed specifically for the placement of recreational vehicles.

8.3.1

Permit: It shall be unlawful for any person to operate or maintain within the City Limits of the City of Olney, Texas, any recreational vehicle park unless such person shall first obtain a permit therefor. Recreational vehicle park permit fee is $150.00.

a.

Terms used herein, including the terms "recreational vehicle" and "recreational vehicle park", are defined in Section 17 of the Chapter 14 of the Olney Municipal Code.

8.3.2

Application for original license shall be in writing, signed by the applicant, and shall contain the following:

a.

The name and residential address of the applicant.

b.

The exact location and legal description of the park.

c.

A complete site development plan of the park, showing the following:

1.

The area and dimensions of the tract of land;

2.

The number, location and size of all recreational vehicle lots;

3.

The location and width of roadways and walkways;

4.

The location of water and sewer lines;

5.

Plans and specifications of the water supply and refuse and sewage disposal facilities;

6.

Plans and specifications of all buildings constructed or to be constructed within the park; and

7.

The locations and details of lighting and electrical systems.

8.3.3

A recreational vehicle park permit is valid for one year (365 days) from the date issued. Permit must be renewed annually. Application for renewal of the permit shall be made in writing by the holder of the permit and shall specifically contain any change in the information submitted in connection with the initial application. Application for renewal must be submitted 30 days prior to the expiration date. A renewal fee of $150.00 must be paid at the completion of the annual inspection and issuance of the permit.

8.3.4

Applications for the original license shall be filed with the City Secretary. Before acting on such application, the City Council shall submit the same to the City Planning and Zoning Commission for its recommendation and report. If the applicant is found to be of good moral character and the recreational vehicle park found to be in compliance with all provisions of this ordinance and all other applicable ordinances, statutes and regulations of this City and of the State of Texas, the City Council may approve the application, and in the case of proposed parks, make such approval contingent upon the completion of the park according to the plans and specifications submitted with the application. The City Secretary, at the direction of the City Council, shall issue the license.

8.3.5

The owner of any recreational vehicle park in existence upon the effective date of this ordinance shall prior to the last day of 90 days make application for license as required in Section 8.3.2.

8.3.6

Any recreational vehicle park open and operating prior June 1, 2022, shall be exempt from the requirements contained in Sections 8.3.10, 8.3.13, 8.3.16 (c), 8.3.18, 8.3.19, and 8.3.20 of this chapter, until or unless the exempted recreational vehicle park has additional land added or has changes to its layout or design. All areas added to an exempted recreational vehicle park or areas with changed layout or design shall be brought into full compliance with the requirements of this chapter and shall no longer be exempted.

8.3.7

The owner of any recreational vehicle park presently situated outside of the City Limits of the City of Olney, Texas, whose park shall be taken into the said City Limits subsequent to the passage of this ordinance shall make application for license within 60 days from the date of annexation and shall, within one year from the date of annexation, fully comply with the terms and provisions of this ordinance with exception of Section 5.7.9 [Section 8.3.9]. Park may apply for a variance in requirement within 60 days from the date of annexation.

8.3.8

Upon application for transfer of the license to a new owner of the park, the City Council may issue a transfer. Such original license and transfer thereof, may be granted at any time during the year, and shall expire at midnight, one year hence, unless previously revoked or terminated.

8.3.9

Location: Recreational vehicle parks may be located only in conformity with the Comprehensive Zoning Ordinance of the City and in addition to the requirements contained therein, each boundary of the park must be at least 100 feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners according to area within 100 feet from the property line of such park, consent in writing to the establishment of the park; provided, however, that provisions of this section shall not apply to recreational vehicle parks already in existence, and in operation at the time of the passage of this ordinance, and such existing and operating parks shall be treated as non-conforming use insofar as the requirements of this section are concerned.

8.3.10

Area requirements: Recreational vehicle lots shall have a minimum area of 1,500 square feet and a minimum width of 30 feet.

8.3.11

Site drainage requirements: The ground surface in all parts of every recreational vehicle park shall be graded and equipped to drain all surface water in a safe, efficient manner.

8.3.12

Park area for nonresident uses: No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and wellbeing of park residents and for the management and maintenance of the park.

8.3.13

Required separation between recreational vehicles:

a.

Recreational vehicles shall be separated from each other and from other buildings and structures by at least 20 feet. For clarity, this required separation applies equally to recreational vehicles placed end-to-end, even where opposing rear walls are staggered.

b.

An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, and porch which has a floor area exceeding 25 square feet, and has an opaque top or roof, shall for purposes of all separation requirements, be considered to be part of the recreational vehicle.

8.3.14

Required recreation areas:

a.

In all parks accommodating or designed to accommodate 25 or more recreational vehicle, there shall be one or more recreation areas which shall be easily accessible to all park residents.

b.

The size of such recreation areas shall be based upon a minimum of 100 square feet for each lot. No outdoor recreation area shall contain less than 2,500 square feet.

c.

Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.

8.3.15

Required setbacks, buffer strips and screening:

a.

All recreational vehicles shall be located at least 15 feet from any park property boundary line abutting upon a public street or highway and at least 15 feet from other park property boundary lines.

b.

There shall be a minimum distance of 15 feet between the recreational vehicle stand and abutting park street.

c.

All recreational vehicle parks located adjacent to industrial or commercial land uses shall be provided with screening such as fences or natural growth along the property boundary line separating the park and such adjacent nonresidential uses.

8.3.16

Park street system and car parking:

a.

General requirements: All recreational vehicle parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each recreational vehicle lot. Such access shall be provided by streets, driveways, or other means.

b.

Park entrance: Entrances to recreational vehicle parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of 100 feet from its point of beginning, unless the park entrance is at least 36 feet wide.

c.

Internal streets: Roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:

1.

All streets, except minor streets (from back of curb, if provided) 25 feet.

2.

Minor streets (acceptable only if less than 500 feet long and serving less than 25 recreational vehicle or any length if recreational vehicle lots abut on one side only) 18 feet.

3.

Dead end streets shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 60 feet.

d.

Car parking: Off-street parking areas and parking lanes shall be provided for the use of park occupants and guests. Such areas shall be:

1.

Furnished at a rate of at least 1.25 car spaces for each recreational vehicle lot.

2.

Located within 200 feet from the recreational vehicle to be served, unless other vehicular access is provided.

3.

The minimum street width requirement under Section 8.3.17(c) shall be increased by seven feet if on-street parking is the only type of car parking provided in a recreational vehicle park.

e.

Required illumination of park street systems: All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide illumination for the safe movement of pedestrians and vehicles at night.

f.

Park street construction and design standards: The minimum quality of park street paving shall be that presently or hereafter required for public streets and roadways within the City of Olney.

8.3.17

General requirements: An accessible, adequate, safe and potable supply of water shall be provided in each recreational vehicle park. Where a public supply of water of satisfactory quantity, quality, and pressure is available at the site or at the boundary of the site, the connection shall be made thereto, and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the health authority.

8.3.18

Water distribution system:

a.

The water supply system of the recreational vehicle park shall be connected by pipes to all recreational vehicles, buildings, and other facilities requiring water.

b.

All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the City of Olney.

c.

The water piping system shall not be connected with non-potable or questionable water supplies and shall be protected against the hazards of backflow or back-siphonage.

8.3.19

Individual water-riser pipes and connections:

a.

Individual water risers pipes shall be located within the confined area of the recreational vehicle stand at a point where the water connection will approximate a vertical position.

b.

The pipe shall be at least three-quarter inch. The water outlet shall be capped when a recreational vehicle does not occupy the lot.

c.

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions found during freezing weather. Surface drainage shall be diverted from the location of riser pipe.

d.

A shutoff valve below the frost line shall be provided near the water riser pipe on each recreational vehicle lot.

e.

Underground stop and waste valves shall not be installed on any water service.

8.3.20

Sewage disposal:

a.

General requirements: An adequate and safe sewage system shall be provided in all recreational vehicle parks for conveying and disposing of all sewage. Such system shall be designed, constructed, and maintained in accordance with state and local laws.

b.

Sewer lines: All sewer lines shall be in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply at a safe distance. Sewers shall be at a grade which will ensure a velocity of two feet per second when flowing full. All sewer lines shall be constructed of materials approved by the City of Olney, shall be adequately vented, and shall have watertight joints.

c.

Individual sewer connections:

1.

Each recreational vehicle stand shall be provided with at least a four-inch diameter sewer riser pipe. The sewer riser pipe shall be located on each stand so that the sewer connection in the recreational vehicle drain outlet will approximate a vertical position.

2.

The sewer connection from the drain outlet of the recreational vehicle to the sewer riser pipe shall have a nominal inside diameter of at least three inches, and the slope of any portion thereof shall be at least one-fourth inch per foot. The sewer connection shall consist of one pipe only without any branch fittings. All joints shall be watertight.

3.

All materials used for sewer connections shall be semi-rigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth.

4.

Provision shall be made for plugging the sewer riser pipe when a recreational vehicle does not occupy the lot. Surface drainage shall be diverted away from the riser.

d.

Sewage treatment and/or discharge: Where the sewer lines of the recreational vehicle park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the City Health Officer prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the health authority.

8.3.21

Electrical distribution system:

a.

General requirements: Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

b.

Power distribution lines:

1.

Main power lines not located underground shall be suspended at least 18 feet above the ground. There shall be a minimum horizontal clearance of three feet between overhead wiring and any recreational vehicle, service building or other structure.

2.

All direct burial conductors or cables shall be buried at least 18 inches below the ground surface and shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one-foot radial distance from water, sewer, gas or communication lines.

c.

Individual electrical connections:

1.

Each recreational vehicle lot shall be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 240 volts, AC 30 amperes or 50 amperes.

2.

Outlet (receptacles or pressure connectors) shall be housed in a weatherproof outlet box and shall be located not more than 15 feet from the disconnecting device in the recreational vehicle.

3.

Receptacles shall be in accordance with the current Electrical Code adopted by the City.

4.

The recreational vehicle shall be connected to the outlet box by an approved type of flexible supply cord with a male attachment plug or with pressure connectors.

8.3.22

Service building and other community service facilities - general: The requirements of this section shall apply to service building, recreation buildings and other community service facilities such as:

a.

Management offices, repair shops and storage areas;

b.

Sanitary facilities;

c.

Laundry facilities;

d.

Indoor recreation areas.

8.3.23

Required community sanitary facilities for recreational vehicle parks: Every recreational vehicle park shall be provided with a sanitary facility connection for each lot:[.]

8.3.24

Structural requirements for buildings:

a.

All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.

b.

All rooms containing sanitary or laundry facilities shall.

[1.]

Have sound resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof material or covered with moisture resistant material.

[2.]

Have at least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than 10 percent of the floor area served by them.

[3.]

Have at least one window which can be easily opened or a mechanical device which will adequately ventilate the room.

c.

Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open.

d.

Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water shall be furnished to every water closet and urinal.

8.3.25

Barbecue pits, fireplaces, stoves and incinerators: Cooking shelters, barbecue pits, fireplaces, wood burning stoves and incinerators shall be located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.

8.3.26

Refuse handling:

a.

The storage, collection, and disposal of refuse in the recreational vehicle park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

b.

All refuse shall be stored in closed, watertight, rodentproof containers, which shall be located not more than 150 feet from any recreational vehicle lot. Containers shall be provided in sufficient number and capacity to properly store all refuse and shall be enclosed by adequate fence or shrubbery.

c.

Refuse collection stands shall be provided for all refuse containers. Such containers stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

d.

All refuse containing garbage shall be collected at least twice weekly. Where suitable collection service is not available from municipal or private agencies, the recreational vehicle park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.

8.3.27

Fuel supply and storage:

a.

Natural gas system:

1.

Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

2.

Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

3.

Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the recreational vehicle and shall be maintained in effective operating condition.

4.

All LPG piping outside of the recreational vehicles shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in recreational vehicles.

5.

Liquefied petroleum gas containers installed on a recreational vehicle lot shall be securely but not permanently fastened to prevent accidental over-turning. Such containers shall not be less than five pounds nor more than 60 pounds capacity.

6.

No liquefied petroleum gas vessels shall be stored or located inside or beneath any storage cabinet, carport, recreational vehicle, or any other structure unless such installations are approved by the health authority.

8.3.28

Fire protection:

a.

Recreational vehicle parks shall be kept free of litter, rubbish and other flammable materials.

b.

Portable fire extinguishers rated for classes B and C fires shall be kept in-service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than five pounds.

c.

Fires shall be made only in stoves, incinerators and other equipment intended for such purposes.

8.3.29

Responsibilities of the park management:

a.

The person to whom a license for a recreational vehicle park is issued shall operate the park in compliance with this ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

b.

The park management shall notify park occupants of all applicable provisions of this ordinance and inform them of their duties and responsibilities under this ordinance.

c.

The park management shall supervise the placement of each recreational vehicle on its recreational vehicle stand which includes securing its stability and installing all utility connections.

d.

The park management shall maintain a register containing the following information:

[1.]

Name and address of each occupant.

[2.]

The make, model, year, name of owner, license number and state issuing such license of all automobiles and recreational vehicles.

[3.]

The date of arrival and date of departure of each recreational vehicle. The park shall keep this register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of two years following date of registration.

e.

The park management must ensure all recreational vehicles are at all times lawfully registered, tagged, to the extent such is required by the laws of the registered state.

f.

The park management shall notify the health authority immediately of any suspected communicable or contagious disease within the park.

8.3.30

Pets: Pets, if permitted in the park, shall be prohibited from running at large or from causing any nuisance to others.

8.3.31

The responsibilities of park occupants:

a.

Park occupants shall comply with all applicable requirements of this ordinance and shall maintain their recreational vehicle lot and its facilities, improvements, and equipment are in good repair and in a clean and sanitary condition.

b.

Park occupants must at all times keep their recreational vehicles lawfully registered and tagged, to the extent such is required by the laws of the registered state.

c.

Park occupants shall be responsible for proper placement of each of their recreational vehicles on its recreational vehicle stand and proper installation of all utility connections in accordance with the instructions of the park management.

d.

Park occupants shall not allow any pets or other animals under their control from running at large or from causing any nuisance to others. If occupants are planning on a stay longer than 30 days, pets must be registered with the City in the same manner and frequency as is required of other Olney residents.

e.

Park occupants shall only make exterior improvements to their recreational vehicle or recreational vehicle lot if permitted and approved by the park management. All such improvements must also conform in all respects with all other laws including all provisions of this Section 8.3 of the Olney City Code.

f.

Park occupants must ensure the space immediately underneath a recreational vehicle shall be used for storage only if permitted by the park management. If permitted, the following conditions shall be satisfied:

1.

The storage area shall be provided with a base of impervious material.

2.

Stored items shall be located so as not to interfere with the underneath inspection of recreational vehicle.

3.

The storage area shall be enclosed by skirting.

g.

Park occupants shall store and dispose of all his rubbish and garbage in a clean, sanitary, and safe manner. All garbage containers must be rodent-proof, insect-proof and watertight.

8.3.32

Additional construction: It shall be unlawful for any person operating a recreational vehicle park or occupying recreational vehicle to construct or permit to be constructed in such park, or in connection with such recreational vehicle, any additional structure, building or shelter in connection with or attached to the recreational vehicle, except however, awnings of canvas or metal, suitable constructed, may be attached to said recreational vehicle, as well as portable, prefabricated temporary rooms for the express purpose of increasing recreational vehicle living area, commonly called a "cabana," which meets the following requirements:

a.

The same shall be constructed of metal only, fire resistant, double walled, mechanical joint panels, (no welded joints between panels shall be permitted).

b.

The strength of materials and structure shall meet the minimum standards of the City Building Code.

c.

Such structure shall be capable of being dismantled when moved.

d.

Such room shall be completely dismantled and removed from the site at the time the recreational vehicle to which it is accessory is moved.

e.

The finish and appearance shall as nearly as possible, resemble the recreational vehicle to which it is accessory.

f.

The length of any additional construction shall not exceed the length of the recreational vehicle to which it is accessory.

g.

Only one such room per recreational vehicle shall be permitted.

8.3.33

Revocation of license: The City Council may revoke any license to maintain and operate a recreational vehicle park in the event any of the provisions of this ordinance are violated. Before such license may be revoked, the City Council shall hold a hearing to determine whether such license shall be revoked. The City Secretary shall give notice of such hearing to such licensee in writing by depositing a copy of such notice in the United States Mails, postage prepaid at the address stated for such licensee in his application for license. The license may be reissued only if the circumstances leading to the revocation of such license have been remedied and the park is being operated and maintained in full compliance with this ordinance and all other applicable laws.

8.3.34

Penalty: Any person violating any provision of this ordinance shall be fined not more than $500.00 for each offense. Each day that a violation is committed or is permitted to exist shall constitute a separate offense.

[8.3.35]

Special use recreational vehicle spaces within city limits: A special use permit may be issued for recreational vehicles within the city limits as follows:

1.

A recreational vehicle shall maintain a minimum space width of 20 feet with a total space area of at least 1,000 square feet.

2.

A recreational vehicle shall not block any rights-of-way, easements or traffic.

3.

Recreational vehicles are not permitted use within R-1, R-2, R-3, R-4 zones within the corporate limits of the city and are required to maintain a special use permit.

Procedures:

1.

All special use permit applications shall be accompanied by an annual fee of $150.00;

2.

Such person shall first file an application with the code enforcement department, giving the name and address of the applicant, the use of recreational vehicle (whether residential or commercial) and if rental, a copy of the lease agreement or if other arrangement, name and address of tenant or person to reside therein;

3.

The application must contain a legal description of the property upon which said recreational vehicle is to be located;

4.

A description of the recreational vehicle, serial number, and photo of the recreational vehicle must be attached to the application;

5.

The applicant must show that there exists adequate water and sanitary wastewater facilities within a reasonable distance of such recreational vehicle location, or that upon location upon such premises, the same shall be provided within 30 days of the granting of the permit;

6.

The applicant must show that an appropriate 30/50-amp system is used and there exists electricity provided to the recreational vehicle by a retail electric provider as defined by the Texas Utilities Code and in no event shall a permit be issued in the event the applicant seeks to use or uses a generator as the primary source of electricity; and

7.

The applicant must show that the location of any recreational vehicle and all utilities, including, but not limited to, electrical, water and sanitary wastewater utilities are provided to such recreational vehicle and conform to this section and all ordinances of the city;

8.

A permit may be renewed annually, pending substantial improvement to structure. An extension may be requested of council and shall expire in December of every year regardless of date of issuance unless suspended or earlier cancelled. Plans and adequate milestones will be required at six-month intervals and 12-month intervals.

9.

A permit issued shall be limited to the applicant only, shall be effective for a single location as identified in the application and shall terminate immediately upon any transfer of the recreational vehicle and/or the real property upon which the said recreational vehicle is situated. Upon any such transfer, an application for a permit shall be submitted in the manner required herein. A transfer shall be deemed upon change of name of ownership of recreational vehicle and/or the real property upon which the recreational vehicle is situated, change of usage, change of owner or tenant or person using the recreational vehicle;

10.

The annual fee for the permit is $150.00 and shall be due upon filing of the application, renewal of the permit each year, or upon transfer as provided in subsection, above, or upon change of tenant or person using the recreational vehicle, below. Permit fees shall not be prorated save and except the first calendar year following the adoption of the ordinance from which this section is derived.

11.

In the event the recreational vehicle is replaced with another recreational vehicle, notification of the replacement must be provided to the code enforcement department.

(Ord. No. O17-22 , 6-13-2022; Ord. No. O5-23 , 4-24-2023)

Editor's note— Ord. No. O17-22 , adopted June 13, 2022, amended § 8.3 in its entirety, in effect repealing and reenacting said § 8.3 to read as set out herein. The former § 8.3, pertained to class IV - MH - manufactured home park district and derived from Code of 2021.

10.101.

A roof overhang, open fire escape, or outside stairway may project not more than three (3) feet into a required side yard, provided such projection is no closer than five (5) feet to a property line.

10.102.

For the purpose of applying side yard regulations, two-family and multifamily dwelling units covered by a continuous roof shall be considered as one building occupying one lot.

10.103.

An accessory building shall not project or extend into a side yard abutting a street.

10.104.

On a corner lot, the width of the yard along the side street shall not be less than any required front yard on the same side of such street between intersecting streets; providing, however, that the buildable width of a lot shall not be reduced to less than thirty (30) feet.

An accessory building not exceeding twenty (20) feet in height nor closer than five (5) feet to any rear or side lot line may be located in the required rear yard, provided such accessory building does not occupy more than twenty-five (25) percent of the rear yard area calculated for any given lot using the required yard and lot dimensions. An unenclosed parking space shall not occupy more than eighty percent (80%) of the calculated rear yard area.

Where a lot of record having less area, width, and/or depth than is herein required, existed in separate ownership on the effecting date of this Ordinance, the lot requirements shall not prohibit the erection of a single-family dwelling in a Residential District provided the setback, yard area and off-street parking requirements set forth herein are met.

12.101.

Where fifty-one (51%) percent or more of the frontage within a block is occupied or partially occupied by a building or buildings with front yards of less depth than required by this Ordinance the remainder of that block may be developed by observing the established front yard line, if approval thereof is granted by the Board of Adjustment.

12.102.

No fence, structure, or vegetation placed or allowed to grow within thirty-five (35) feet of intersection street right-of-way lines shall exceed three (3) feet in height.

12.103.

Open or unenclosed terraces, porches, or roof eaves or extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, no supporting structure for such projections may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend into the required front yard, provided such extension shall not be closer than ten (10) feet to a lot line.

(Ord. No. 6-99, 8-9-1999)

12.104

No carport in any residential district may extend more than twenty (24) feet from the front of the principal building. No carport may extend within fifteen (15) feet of the front curbline or if no curb edge of street. No carport may be enclosed more than one-third (⅓) on any side measuring from the roof of the carport. No structure may be constructed any closer than five (5) feet of the property line on the interior lots and fifteen (15) feet on the street side of corner lots.

(Ord. No. 09-09, 9-14-2009)

13.101.

When any building or structure is erected, or an existing building is enlarged by fifty percent (50%) or more in floor area, off-street parking spaces within 600 feet of the building shall be provided in accordance with the following requirements:

a.

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

b.

Business or professional office, studio, bank, medical or dental clinic or similar use: Three (3) parking spaces, plus one (1) additional parking space for each two hundred (200) square feet of floor area over five hundred (500) square feet.

c.

Church or other place of worship: One (1) parking space for each four (4) seats in the main auditorium.

d.

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

e.

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

f.

Dwellings: One (1) parking space for each single-family dwelling. For two-family and multifamily dwellings: One and one-half (1-½) parking spaces for each dwelling unit or one (1) parking space for each bedroom, whichever is greater.

g.

Fraternity house, sorority house, or dormitory: One (1) parking space for each two (2) beds.

h.

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

i.

Golf Course: Three (3) parking spaces for each hole.

j.

Hospital: Ten (10) parking spaces, plus one (1) additional parking space for each four (4) beds.

k.

Hotel: One (1) parking space for each sleeping room or suite, plus one (1) space for each two hundred (200) square feet of commercial restaurants, newsstands, and cigar stores.

l.

Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishment: One (1) parking space for each two (2) employees on the maximum working shift plus spaces to accommodate all trucks and other vehicles used in connection therewith, but not less than one (1) parking space for each six hundred (600) square feet of floor area.

m.

Mortuary or funeral home: One (1) parking space for each fifty (50) square feet of space in slumber rooms, parlors or individual funeral service rooms plus one space for each four (4) seats in chapels and auditoriums.

n.

Motor-vehicle salesrooms and used car lots: One (1) parking space for each eight hundred (800) square feet of sales floor or lot area, whichever is greater.

o.

Private club, lodge or country club: One (1) parking space for each seventy-five (75) square feet of gross floor area or one (1) parking space for every two (2) members, whichever is greater. The parking lot shall be striped to provide parking stalls and provide adequate on-site traffic circulation.

p.

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

q.

Restaurant, night club, cafe or similar recreation or amusement establishment: One (1) parking space for each two (2) seats or one (1) parking space for each one hundred (100) square feet of floor area, whichever is greater.

r.

Rooming or boarding house: One (1) parking space for each two (2) sleeping rooms.

s.

Sanitarium, convalescent home, home for the aged or similar institution: One (1) parking space for each six (6) beds.

t.

School, elementary: One (1) parking space for each four (4) seats in the auditorium or main assembly room, or two (2) spaces for each classroom, whichever is greater.

u.

School, secondary or college: One (1) parking space for each four (4) seats in the main auditorium or ten (10) spaces for each classroom, whichever is greater.

v.

Theater, auditorium (except school), sport's arena, stadium, or gymnasium: One (1) parking space for each four (4) seats or bench seating spaces.

w.

Tourist home, cabin or motel: One (1) parking space for each sleeping room or suite plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein, including, but not limited to, restaurants, newsstands and cigar stores.

13.102.

The following rules shall be applied in computing the number of off-street parking spaces required for each of the above uses.

a.

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

b.

Fractional spaces shall be rounded to the next higher whole space.

c.

Buildings or structures containing mixed uses shall provide off-street parking space equal to the sum of the various uses computed separately.

d.

The off-street parking requirements for a use not specifically listed herein shall be the same as required for a use of similar nature as determined by the Building Official.

13.103.

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

a.

When an increase in the number of off-street parking spaces is required by a change or enlargement of use, or where off-street parking spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required off-street parking spaces may be located at a distance not to exceed three hundred (300) feet from an institutional building served or six hundred (600) feet from any other non-residential building served; provided, however, that a written agreement thereto is properly executed, filed and approved by the Board of Adjustment as provided below. Distances shall be measured along a public street or alley.

b.

Not more than fifty percent (50%) of the off-street parking spaces required for theaters, bowling alleys, dance halls, night clubs, restaurants, or similar uses may be provided and used jointly by uses not normally open, used or operated during the same hours as those listed; provided, however, that a written agreement thereto is properly executed and filed as provided below.

c.

Not more than eighty percent (80%) of the off-street parking spaces required for a church, school auditorium, or similar use may be provided and used jointly by uses not normally open, used or operated during the same hours as those listed; provided, however, that a written agreement thereto is properly executed, filed and approved as provided below.

d.

When the required off-street parking spaces are not located on the same lot with the building or use served, or when the required off-street parking spaces are provided collectively or used jointly by two (2) or more establishments, a written agreement which assures the retention of such spaces for this purpose shall be drawn and executed by the parties concerned, approved as to form by the City Attorney, and filed with the application for a building permit or certificate of occupancy if a change in use is involved. Such agreement shall be submitted to the Board of Adjustment who shall, after a hearing thereon, approve or deny such off-street parking.

13.104.

A parking space shall contain a minimum of one hundred sixty-seven (167) square feet and shall be approximately nine (9) feet in width and eighteen and five-tenths (18.5) feet [in] depth. All parking spaces, parking or maneuvering aisles and driveways shall be paved.

13.201.

Any use that receives or distributes material or merchandise by vehicle shall provide, when required by use district regulations, off-street loading space in accordance with the following requirements:

a.

Industrial District: "I" use: One (1) loading space for each ten thousand (10,000) square feet of floor area.

b.

Business District: "B" uses: One (1) loading space for each five thousand (5,000) square feet of floor area in excess of fifteen thousand (15,000) square feet of floor area.

It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens, and to establish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the city. The provisions of this section 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 section 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.

It shall be unlawful to operate or cause to be operated a sexually oriented business within 1,000 feet of a church, a public or private elementary or secondary school; any residentially zoned property; a public park; or another sexually oriented business. For the purposes of measuring distances, the measurement shall be 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 the 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 district. 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 sexually oriented business is located.

It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:

14.301

By a proprietary school licensed by the State of Texas, a college, junior college, or university supported entirely or partly by taxation;

14.302

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported by taxation; or

14.303

In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one nude model is on the premises at any one time.

The City Council may, from time to time, by Ordinance, amend, supplement, change, modify or repeal the boundaries of the various districts or the regulations herein established. Before any such action, the City Council shall submit the same to the Planning and Zoning Commission for its recommendations and report.

24.201.

The Planning and Zoning Commission shall hold a public hearing on all proposed changes in zoning regulations, restrictions, or district boundaries and written notice of all such public hearings shall be sent to all owners of real property lying within two hundred (200) feet of the property on which the change in zoning regulations or district boundaries is proposed. Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a written protest against such change, signed by the owners of 20 percent or more either of the area of the lots of land included in such proposed change, or of the lots of land immediately adjoining the same and extending 200 feet therefrom such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council. Such notice shall be given, not less than ten (10) days before the day set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in a United States Post Office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the City after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publishing the same in a newspaper of general circulation in the City, at least ten (10) days prior to the date set for hearing, and which shall state the time and place of such hearing.

24.202.

After such hearing, the Planning and Zoning Commission shall make its recommendations regarding the change in zoning regulations or district boundaries.

24.203.

Each such recommendation made by the Planning and Zoning Commission shall be reported to the City Council, in writing, and the applicant shall be notified of the action of the Planning and Zoning Commission.

24.204.

The Planning and Zoning Commission shall establish and maintain a separate file for each application received, and shall record the names and addresses of all persons, firms, and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the United States Post Office. All records and files herein provided shall be permanent and official files of the City.

24.301.

After receiving the recommendations of the Planning and Zoning Commission, the City Council shall hold a public hearing, concerning the same, at the earliest practicable time, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City.

24.302.

When the Planning and Zoning Commission has recommended a change in zoning regulations or district boundaries, the City Council shall be at liberty to either accept, reject or take other action provided such action is consistent with the public notice and the provisions of this Ordinance.

24.303.

If the Planning and Zoning Commission has been recommended against a proposed amendment, supplement, change or modification, or if a protest against such change, signed by the owners of twenty (20) percent or more of either the area of lots included in such proposed change or of those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom, or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (¾) of all members of the City Council.

24.304.

If the City Council has refused to grant a proposed amendment, supplement, change or modification in the boundaries of any zoning district such amendment, supplement, change or modification in the boundaries of such zoning district shall not be submitted again prior to the expiration of twelve (12) months from the date of the order or decision of the City Council against such zone change.

An applicant requesting an amendment, supplement, change or modification of this Ordinance, including the Official Zoning Map or requesting a hearing before the Board of Adjustment which requires the sending of notices or the publication of notices, shall deposit with the City Secretary an amount of money estimated by the building official to be sufficient to mail and publish all notices required by law; provided, however, that in no event shall the amount be less [than] Fifty Dollars ($50.00).