In no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings.

In no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings.

It shall be unlawful for any person to locate or maintain any manufactured home (formerly called mobile home) in any place in the City other than in a lawfully designated and duly licensed manufactured home park or subdivision, except that manufactured homes may be in an acceptable manufactured home sales location, as a temporary office or other similar temporary use, and except that one small so-called “camper trailer” intended for private recreational use may be kept as an unoccupied accessory use to a dwelling unit. A manufactured home kept under an exception shall not be used for living or sleeping purposes.

Manufactured Home Parks or Subdivision Districts will be granted only as an amendment to the Zoning Ordinance. The granting of each Manufactured Home Park or Subdivision District will be judged on the merits of each individual request for an amendment.

The location of Manufactured Home Parks shall be in general conformance with the Comprehensive Plan of the City, shall be located adjacent to a thoroughfare or a commercial area which is adjacent to a thoroughfare, and should generally not be surrounded by single-family residential areas.

“Manufactured Housing” or “Manufactured Home” means a mobile home or a modular home or both.

“Single Section Mobile Home” means a structure, transportable in one or more sections, which is twelve (12) body feet or more in width and fifty-two (52) body feet or more in length, and which is built on a permanent chassis and is designed to be used as a dwelling with a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems contained therein. For purposes in these regulations, the term includes only those structures manufactured after June 15, 1976, and bearing a mobile home label of the U.S. Department of Housing and Urban Development. The unit shall be:

“Multi-Section Mobile Home” means a structure transportable in two or more sections, which when placed on a site is a minimum or [of] twenty-four (24) feet in width and a minimum of forty (40) feet in length and which is built on a permanent chassis and is designed to be used as a dwelling with a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning and electrical systems contained therein. For purposes in these regulations, the term includes only those structures manufactured after June 15, 1976, and bearing a mobile home label of the U.S. Department of Housing and Urban Development. The unit shall be:

“Modular Home” means a structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and is designed to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in this ordinance, nor does it include building modules incorporating concrete or masonry as the primary structural component. For purposes in these regulations, the term includes only those structures manufactured after May 1, 1980, and bearing a modular decal of the Manufactured Housing Division, Texas Department of Labor and Standards.

“Modular Home” (not bearing a modular decal of the Manufactured Housing Division, Texas Department of Labor and Standards) means a dwelling that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections designed to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained therein. The term does not include a mobile home as defined in this ordinance, nor does it include building modules incorporating concrete or masonry as the primary structural component.

A building permit must be issued before a Modular, Manufactured or Mobile Home is brought to the site, the same as for a site-built home, at the fee schedule.

There shall be a side yard an each side of the lot, having a width of not less than ten (10) feet, except that the side yard of a corner lot adjacent to a side street shall not be less than ten (10) feet. The side yard of corner lots having adjoining structures fronting on two streets shall have a thirty (30) foot side yard.

There shall be a rear yard having a depth of not less than twenty-five (25) feet of the depth of the lot.

The minimum area of the lot shall be five thousand (5000) feet; however, a lot having an areas of less than five thousand (5000) square feet that was of record prior to the passage of this ordinance may be used for any use permitted in this Article.

The minimum width of the lot shall be fifty (50) feet.

The minimum depth of the lot shall be ninety (90) feet. Lots backing up to major thoroughfares shall have a minimum depth of one hundred twenty (120) feet.

Land within the “PD” District may be developed for single-family purposes, including customary accessory uses, without the requirements of Section 20.03, Approval of Planned Development Plans, having been fulfilled. Normal subdivision approval, as required by the City Planning Commission, is still necessary.

A minimum land area of ten (10) acres shall be required before development of uses other than those permitted by Subsection 9.04(1) will be approved by the Building Inspector.

A “Plan” as described in Subsection 20.03, Approval of Planned Development Plans, shall be submitted for approval to the Building Inspector in the following instances:

Property to be developed for nonresidential purposes, other than public and semi-public uses, shall be located upon a major thoroughfare, except if it abuts property which is zoned for commercial purposes and has major street frontage. A plan for the development of the property, showing adequate access to and from the major street, shall be submitted to the Building Inspector.

Property to be developed for multiple-family residential purposes shall be located upon a major thoroughfare, contiguous to an area zoned for commercial purposes and having major street frontage, or contiguous to an area to be developed to commercial activities.

Commercial areas separated by an area of a different type use shall not be closer than three hundred (300) feet when on the same side of the major street they front. This shall not preclude the development of two areas, under single ownership and both within a “PD” District, separated by a street, alley, or easement.

An area proposed for commercial use shall not extend into the interior of any “Plan” a distance greater than the major street frontage to be devoted to such commercial use. Prior to the issuance of a certificate of occupancy, a screening device, as defined in Section 2(74) of this Ordinance, shall be built along that boundary of the area proposed for commercial use which abuts property developed, zoned, or designated for any type of residential use and which is under different ownership. However, where land proposed on a “Plan” for commercial use extends more than three hundred (300) feet back from the major street, measured at right angles to the right-of-way line, and abuts property developed or zoned for any type of residential use under different ownership, or if such land abuts other land in a “PD” District under different ownership, then the proposed commercial use so located may be approved only under the following conditions:

Lighting devices in conjunction with commercial uses or parking lots shall not be operated so as to produce direct or reflected light or glare across abutting property lines.

Loudspeakers and similar devices in conjunction with commercial uses or parking lots shall not be operated so as to direct sound across abutting property lines.

No portion of any multi-family dwelling structure or permitted accessory use structure shall be further than three hundred (300) feet from an accessible dedicated and accepted public street.

Same as District “MF”.

No building shall exceed in height the width of the street on which it faces plus the depth of the front yard. On a lot adjoining a Residential District, no building shall exceed forty-five (45) feet in height, except that this height may be increased up to the maximum allowed elsewhere in District “GB” at the rate of two (2) feet of additional height for each one (1) foot of additional setback from required yard lines.

No minimum lot size is required in the “LI” District.

No minimum coverage is required in the “LI” District.

No minimum lot area required in the “HI” District.

No minimum coverage is required in the “HI” District.

Five (5) parking spaces for each alley.

Three (3) parking spaces plus one (1) additional parking space for each two hundred (200) square feet of floor area over five hundred (500).

One (1) parking space for each four (4) seats in the main auditorium.

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

One (1) parking space for each one hundred (100) square feet of floor area used thereof.

One (1) parking space for each dwelling unit.

One (1) parking space for each two (2) beds.

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).

Four (4) parking spaces plus one (1) additional parking space for each two (2) beds.

One (1) parking space for each sleeping room or suite plus (1) space for each one hundred (100) square feet of commercial floor area contained therein.

One (1) parking space for each employee on the maximum working shift plus space 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.

One (1) parking space for each Thirty (30) square feet of floor space in slumber rooms, parlors or individual funeral service rooms.

Two (2) spaces for each mobile home plus additional space as provided herein for accessory uses.

One (1) parking space for each eight hundred (800) square feet of sales floor or lot area.

One (1) parking space for each one hundred fifty (150) square feet of floor area or for every five (5) members, whichever is greater.

One (1) parking space for each two hundred (200) square feet of floor area.

One (1) parking space for each one hundred (100) square feet of floor area.

One (1) parking space for each sleeping room.

One (1) parking space for each three (3) beds.

One (1) parking space for each ten (10) seats in the auditorium or main assembly room, or one (1) space for each classroom, whichever is greater.

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

One (1) parking space for each four (4) seats or bench seating spaces.

One (1) parking space for each sleeping room or suite and one (1) parking space for each one hundred (100) square feet of commercial floor area contained therein.

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

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

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged to the extent of fifty (50) percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served.

Not more than fifty (50) percent of the parking spaces required for (1) theaters, bowling alleys, dance halls, nightclubs or cafes, and not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by (2) similar uses not normally open, used or operated during the same hours as those listed in (1); provided, however, that written agreement thereto is properly executed and filed as specified below.

Each parking space shall be not less than eight (8) feet wide nor less than eighteen (18) feet in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four (24) feet perpendicular to the building or parking line.

Each parking space shall be not less than eight (8) feet wide perpendicular to the parking angle nor less than seventeen (17) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty (20) feet perpendicular to the building or parking line.

Each parking space shall be not less than eight (8) feet wide perpendicular to the parking angle nor less than sixteen (16) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than eighteen (18) feet perpendicular to the building or parking line.

When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement.

Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this Ordinance said off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.

In Districts “LI” and “HI”, one (1) loading space for each ten thousand (10,000) feet or fraction thereof, of floor area in the building.

In Districts “LC” and “GB”, one (1) loading space for the first five thousand (5,000) to fifteen thousand (15,000) square feet of floor area in the building and one additional loading space for each fifteen thousand (15,000) square feet, or fraction thereof, of floor area in excess of fifteen thousand (15,000) square feet.

Each required loading space shall have a minimum of ten (10) feet by twenty-five (25) feet.

The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flag poles, electric display signs and necessary mechanical appurtenances.

Public or semi-public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of the required yards are increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located.

No structure may be erected to a height in excess of that permitted by the regulations of such airfield zoning ordinance as may exist at the time and whose regulations apply to the area in which the structure is being erected.

Where twenty-five (25) percent or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this Ordinance, or where the configuration of the ground is such that conformity with the front yard provisions of this Ordinance would work a hardship, the Board of Adjustment may permit modifications of the front yard requirements.

In Districts “SF”, or “MF”, where twenty-five (25) percent or more of the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this Ordinance, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment.

In a residential district no fence, structure, or planting higher than three and one-half (3-1/2) feet above the established street grades shall be maintained within twenty (20) feet of any street intersection.

Open and unenclosed terraces or porches and eave and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, that no supporting structure for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than twelve (12) feet. The building line of a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as being the curb of a walk or driveway or as the front of a canopy or the columns supporting same.

Where an official line has been established for future widening or opening of street upon which a lot abuts, then the width of a front or side yard shall be measured from such official line of the building.

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, provided, however, that the buildable width of a lot of record shall not be reduced to less than thirty (30) feet.

No accessory building shall project beyond a required yard line along any street.

For the purpose of side yard regulations, a two-family dwelling or multi-family dwelling shall be considered as one building occupying one lot.

Where a lot of record at the time of the effective date of this Ordinance is less than fifty (50) feet in width the required side yard may be reduced to provide a minimum buildable width of thirty (30) feet, provided, however, that no side yard shall be less than five (5) feet.

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of window sills, belt courses, cornices or other ornamental features.

A roof overhang, an open fire escape or an outside stairway may project not more than three (3) feet into a required side yard, but no closer than three (3) feet to a property line.

Institutions of an educational, philanthropic, or religious nature in any district.

Radio broadcasting towers and stations, television towers, and television transmitting stations in any district.

Any installation of a public utility, either privately or publicly owned, in any district (but not including offices).

Private clubs on a site of three acres or more in any district.

Hospitals on a site of five acres or more in any district.

Shopping centers or related commercial developments on a site of three acres or more in any district.

Apartment projects on a minimum site of two and one-half acres or on one block of a street frontage between intersecting streets, whichever is smaller in any district.

Professional offices for architects, engineers, landscape architects, attorneys, interior decorators, and certified public accountants in any “MF” District.

Public stables or riding academies on a site of ten acres or more in any district.

Hotels and motels with related uses, on a site of five acres or more in any district, except “SF”.

Circus, carnival, and other similar transient amusement enterprises in the “LC” Local Business District, but not within three hundred (300) feet of any Residential District.

Greenhouses or plant nurseries on a site of three acres or more in any district.

Tourist or trailer camp in a business or industrial district and its extension into an abutting residential district, provided such tourist or trailer camp shall comply with the following and such additional requirements as may be deemed necessary for proper development and the protection of the surrounding area:

In recommending that a Special Use Permit for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious with and adaptable to building structures, and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking and protective screening and open space.

Every Special Use Permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration. In granting such permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such Special Use Permit; and such conditions shall not be construed as conditions precedent to the granting of a Special Use Permit, or the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

No Special Use Permit shall be granted unless the applicant, owner and grantee of the Special Use Permit shall in writing accept and agree to be bound by and comply with the written requirements of the Special Use Permit, as attached to the site plan drawing (or drawings) and approved by the Planning Commission.

A building permit shall be applied for and secured within six (6) months from the time of granting the Special Use Permit provided; however, that the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission.

The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such Special Use Permit.

When the City Council authorizes granting of a Special Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has condition and limited uses.

The Community Development Director (or his subordinates under his direction) may grant a change of occupancy from one person to another, or from one nonconforming use to another, so long as the proposed new use is of the same, or more restricted, classification than the previous one.

No nonconforming use may be expanded or increased beyond the lot or tract on which it is located.

A structure occupied by a nonconforming use, if destroyed by fire or other elements or cause to the extent of fifty percent (50%) or more of its reasonable value, may not be re-built except to conform to all provisions of this Ordinance. If damaged to a lesser extent, it may be re-built, but the size or function of the nonconforming use may not be expanded.

A nonconforming use which is discontinued or vacated voluntarily by the owner or occupant for any continuous period of at least six months shall be deemed abandoned and terminated; and may not thereafter be reinstated.

It is the ultimate policy of this Ordinance to eliminate all nonconforming uses, as soon as this can be accomplished without undue hardship. To that end, the Board of Adjustment (or the City Council, while exercising the powers and functions of a Board of Adjustment) may make further reasonable regulations under which, such a nonconforming use may be continued, having due regard both to rights of owners or occupants of such use or structure and the rights of owners or occupants of other nearby premises within the same Zoning District.

That uniformity in minimum standards within Zoning Districts, as herein provided, does not now exist, and that a substantial period of time will be required to achieve the desired standards.

That special situations will arise in the future development of Overton, in connection with the annexation of additional territory, the development of new construction and architectural techniques, and otherwise.

That in the future, new problems will arise, affecting the safe, orderly, and economic growth and development of the community.