A.

Administration. The Building Official or Code Enforcement Official or designee, is hereby designated as the administrative official to supervise the administration and enforcement of this chapter. No person shall be designated as the administrative official to supervise and enforce this chapter unless such person shall meet the following minimum qualifications: 1) He or she shall be registered and licensed by the State of Texas as a Code Enforcement Officer, or be able to obtain registration and licensing within six (6) months of their appointment; and 2) he or she shall have at least three years experience enforcing zoning ordinances for a municipality. If the administrative official finds that any of the provisions of this chapter are being violated, the official shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Administrative Official, or designee, shall order 1) discontinuance of illegal use of land, buildings, or structures, 2) removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, or 3) discontinuance of any illegal work being done; and may take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.

B.

Violations and Penalties. The owner or general agent of a building, premises, lot or parcel where a violation of any provision of the regulations of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) or not more than two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense.

C.

Interpretation and Appeals. It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the Zoning Board of Adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the Zoning Board of Adjustment shall be to the courts as provided by law.

D.

City Council Duties. It is further the intent of this chapter that the duties of the City Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter. Under this chapter, the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law, of establishing a schedule of fees and charges as stated in subsection 12.100(E), and such other duties as specified in this chapter.

E.

Fees. The City Council shall establish a schedule of fees, charges, and expenses and a procedure for the collection of such fees and the administration of permits, certificates of occupancy, zoning change requests, Zoning Board of Adjustment appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the zoning administrative official, and may be altered or amended only by action of the City Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

Unless otherwise specifically stated, for purposes of this chapter, the following words and terms shall have the following meanings:

Accessory Building or Structure - means a subordinate building, the use of which is incidental to that of the main building on the same lot, and further defined as either:

Business - used for nonresidential purposes, does not exceed the height of the main building, does not exceed thirty percent (30%) of the floor area of the main building, and is used for purposes accessory and incidental to the main nonresidential use, or

Residential - a subordinate building or structure detached from the primary on-site structure, that is clearly incidental and secondary to the permitted on-site use, and which does not change the character thereof, including but not limited to, garages, bathhouses, greenhouses, barns, tool sheds, swimming pools, guest quarters, servant quarters, or security buildings.

Administrative Official - is the Building Official, any other designated official charged with the administration and enforcement of this Chapter, or a duly authorized representative of such official.

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

Apartment - is 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 living together as a single housekeeping unit.

Apartment House - is any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or dwelling units, or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.

Automobile Repair, Major - is any area used for general repair, rebuilding or reconditioning of engines, motor vehicles, trailers; collision services, including body, frame or fender straightening or repair; paint shop; vehicle steam cleaning.

Automobile Repair, Minor - is any area used for minor repair or replacement of parts, tires, tubes, batteries and minor motor services, such as, grease, oil, spark plug and filter changing of passenger cars and trucks not exceeding one and one-half (1½) ton capacity, but not including, any operation named under "automobile repair, major" or any other similar use thereto.

Automobile Sales Area - is an open area or lot used for the display or sale of automobiles, where no repair work is done.

Automobile Service Station - is any building and/or premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, including the servicing of vehicles designed or calculated to be performed by the customer.

Basement - is a building story, the floor line of which is below grade at any entrance or exit, but may have at least one-half (½) of its height above the average level of the adjoining grade level.

Bingo hall - means a building at which bingo games, as defined by V.T.C.A., Occupations Code, ch. 2001, are conducted not more often than once every seven days.

Block - means that property abutting on one side of a street and lying between the nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.

Boarding-Lodging House - means a dwelling where in lodging or meals for three (3) or more persons, not members of the principal family therein, is provided for compensation, but not including a building in which ten (10) or more guest rooms are provided.

Building - is any roofed structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one (1) or more un-pierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards.

Building Height - is the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

Building Line - a line parallel or approximately parallel to the street line, at a specific distance there from, marking the minimum distance from the street line that a building may be erected.

Building Official - See Administrative Official.

Building Site - See Lot or Plot.

Car Wash - is a building, or port, where automobiles or other motor vehicles are automatically or manually washed regularly as a business.

Cemetery - is land used, or intended to be used, for the burial of the human dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.

Certificate of Occupancy - is an official certificate issued by the City Secretary which indicates conformance with, or approved conditional waiver from, the zoning regulations and authorized legal use of the premises for which it is issued.

City - is the City of Palacios, Matagorda County, Texas.

Clinic - is a public or private, profit or nonprofit facility for the reception and treatment of outpatient persons, physically or mentally ill, injured, handicapped or otherwise in need of physical or mental diagnosis, treatment, care or similar service.

Club - is a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for a common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Club, Private - is an establishment or enterprise wherein activities are carried on by, or for a group or association, of dues-paying members organized for some common purpose.

Commercial Amusement, Indoor - an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, wherein all portions of the activity takes place indoors.

Commercial Amusement, Outdoor - an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, wherein any portion of the activity takes place outdoors.

Community Center, Public - means any building and grounds owned and operated by the governmental body for the social, recreational, health and welfare of the community served.

Comprehensive Plan - is the long-range plan for the desirable use of land in the City, as officially adopted, and as amended from time to time, by the City Council; the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes, such as, streets, parks, schools and public buildings.

Conditional Use - means any building, structure, and use which complies with the applicable regulations and standards governing conditional uses of the zoning district in which such building, structure, and use is located, and for which a permit is granted.

Condominium - means two or more dwelling units on a lot with individual ownership of a unit rather than of a specific parcel of real property, together with common elements. See TEX. REV. CIV. STAT. art. 1301a.

Convalescent (Rest) Home - is a home designed for the care of patients after they leave the hospital, but before they are released from observation and treatment.

Convenience Store - See Neighborhood Convenience Center.

Court - means an open, unoccupied space on the same lot with a building, and bounded on two (2) sides by such building, or the open space provided for access to a dwelling group.

Display Sign - is a structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including sign, billboard and advertising device of any kind.

District - means a portion of the territory of the City, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

Dwelling/Dwelling Unit - Any building or portion thereof which is designed or used exclusively for residential purposes. The term "Dwelling Unit" shall not include rooms in hotels, motels or institutional facilities.

Dwelling—Industrialized Home - (Also called Modular Prefabricated Structure or Modular Home.) A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, that is transportable in one or more sections on a temporary chassis or other conveyance device, and that is designed to be installed and used by a consumer as a fixed residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act (V.T.C.A., Occupations Code, § 1201.003).

Dwelling—HUD-code Manufactured Home - A structure as defined in V.T.C.A., Occupations Code, § 1201.003(9) which is a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred and twenty (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.

Dwelling—Mobile Home - A structure as defined in V.T.C.A., Occupations Code, § 1201.003(17), which is a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site is three hundred and twenty (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. Mobile homes shall not be used as dwelling units within the corporate limits of the City.

Dwelling—Multiple-family - A residential building designed for occupancy by three or more families, with the number of families not to exceed the number of dwelling units. The residential building contains dwelling units that are designed to be occupied by families living independently of one another, exclusive of hotels or motels.

Dwelling—Patio Home - A single-family dwelling on a separately platted lot which is designed such that one side yard is reduced to zero feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one side (i.e., wall) of such dwelling placed on the side property line.

Dwelling—Quadruplex - Four (4) dwelling units joined by common sidewalls.

Dwelling—-Single-family - A residential building, other than a manufactured home, designed for occupancy by one family or individual.

Dwelling—Single-family Detached - A single-family dwelling unit with no attached wall(s) or dwelling unit(s).

Dwelling—Town House - One of a group of no less than three (3) nor more than twelve (12) attached dwelling units, separated by a fire rated wall, each dwelling unit located on a separate lot.

Dwelling—Two-family - A residential building containing two attached dwelling units, each designed to be occupied by one family (i.e., the building is occupied by not more than two families).

Essential Services - means the erection, construction, alteration, or maintenance by public utilities or by governmental departments or commissions of such underground or overhead gas, electrical, steam, or water transmission or distribution systems and structures, collection, communication, supply or disposal systems and structures, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, street lights, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, but not including buildings or microwave radio relay structures, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commissions, or as are required for protection of the public health, safety, or general welfare. For the purpose of this definition, the word "building" does not include "structures" for essential services.

Family - means one (1) or more persons, related by blood, marriage or adoption, occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boarding-house, club, dormitory, fraternity or sorority house.

Farm - is an area of two (2) acres or more which is used for the growing of usual farm products, such as vegetables, fruit, trees and grain, and storage on the area, as well as, the raising thereon of the usual farm poultry and farm animals, such as, horses, cattle and sheep, including dairy farms with necessary accessory uses, and for treating and storing the produce; provided, however, that the operation of such accessory shall be secondary to that of the normal activities.

Floodplain - is the relatively flat, low lands adjoining the channel of a river, stream or watercourse which has been, or may be, covered by floodwater. Any land covered by the water of a one hundred (100) year frequency storm is considered in the floodplain and must comply with Federal Emergency Management Agency (FEMA) requirements.

Frontage - is all the property abutting on one (1) side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or City boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one (1) street, the Planning and Zoning Commission shall determine the frontage for purposes of this chapter.

Garage, Private - means an accessory building, or portion of a main building on the same lot, and used for the storage only of private passenger motor vehicles, not more than two (2) of which are owned by others than the occupants of the main building.

Garage, Public - means a building or portion of a building, except that herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use.

Garage, Repair - means 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.

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 - means the living area of a building, including the walls thereof, but excluding all porches, open breezeways and garages.

Height of Building - means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and elevation of the ridges for gable, hip and gambrel roof.

Home Occupation - means any occupation, customarily conducted for gain or support, entirely within a dwelling, by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises, and does not change the character thereof[.]

Hospital - may be a public or private, profit or nonprofit institution for the reception and treatment of the physically or mentally handicapped, sick or injured, and shall be distinguished by its in-patient facilities. It may also be an institutional sanctuary for the reception of the aged, or for the physically or mentally ill, retarded, infirm or deficient.

Hotel - means a building, or portion thereof, in which ten (10) or more guest rooms are provided for occupancy for compensation by transient guests.

Household Care Facility - a dwelling unit which provides residence and care to not more than nine (9) persons, regardless of legal relationship, who are elderly:[;] disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to TEX. REV. CIV. STAT. art. 4442c-4 (Personal Care Facility Licensing Act) and TEX. REV. CIV. STAT. art. 1011n (Community Homes for Disabled Persons Location Act) as they presently exist or may be amended in the future.

Junkyard or Salvage Yard - means any area used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.

Kennel - is any structure or premises on which more than five (5) dogs and/or cats, over six (6) months of age and/or more than one litter, are kept.

Laboratory - is an indoor establishment that includes facilities and/or experimental equipment for medical, dental, or scientific testing or analysis, prototype design and development, product testing or analysis, or experimental study in a science.

Loading Space - is an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

Lodging house - see boardinghouse.

Lot or plot - means each physical and undivided tract or parcel of land as shown on a duly recorded plat. In zoning districts requiring a side yard setback between like-zoned lots, "lot" shall include the combination of two or more adjacent platted lots allowing a building to cross side yard setback lines creating a building site.

Lot, Corner - means a lot abutting on two (2) intercepting or intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees (135°).

Lot Coverage - the total area of a lot occupied by the base (first story of floor) of buildings located on the lot.

Lot, Interior - means a lot other than a corner lot.

Lot Lines - means the property lines bounding the lot as defined herein.

Lot, Through - means a lot having its front and rear lines on different streets, or having its front or rear line on a street and the other line on a river, lake, creek or other permanent body of water.

Lot Depth - means the average depth from the front line of the lot to the rear line of the lot.

Lot Width - means the width measured at a distance back from the front line equal to the minimum depth required for a front yard.

Lot of Record - is a lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Matagorda County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk, Matagorda County, prior to January 1, 1986.

Main Building - means a building in which is conducted the principal use of the lot on which it is situated.

Manufactured Home, HUD-Code - See Dwelling—HUD-Code Manufactured Home.

Mobile Home - See Dwelling—HUD-Code Mobile Home.

Manufactured Home Park or Subdivision - means 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 or sale of lots to persons with HUD-Code manufactured homes. It also includes any such parks misnamed as "Mobile Home Parks" and any such parks that may have within them grandfathered mobile homes.

Manufactured Home Lot - means that part of a parcel of land in a manufactured home park which has been reserved for the placement of one (1) HUD-Code manufactured home.

Modular Home - means a dwelling that is constructed in one or more modules, at a location other than the home site, or is constructed utilizing one or more modular components, and which is designed to be used as a permanent residence when the modular components or modules are transported to the home site and are joined together, or are erected and installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems.

Motel - means a building, or a group of two (2) or more buildings, containing guest rooms or apartments, with automobile storage space provided in connection therewith, and used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor lodges, motor courts, motels, and similarly designated groups.

Neighborhood Convenience Center - means centers which carry convenience goods, such as, groceries, drugs, hardware, and some variety items, and also includes some service stores. These centers are 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.

Nonconforming Use - means use of a building or land, which existed previously, that does not conform to the present regulations as to use for the district in which it is situated.

Nursing Home/Convalescent Home - is a facility providing primarily in-patient health care, personal care, or rehabilitative services over a log [long] period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization.

Office Warehouse Storage or Sales - is an establishment with more than twenty-five [percent] (25%) of the total floor area devoted to storage and warehousing, and may include the sales of office products, but sales are not generally accessible to the public.

Open Space - is that part of any lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas. Floodplains, or 50 percent of any standing surface water, may be considered as open space, provided such open space is contiguous and part of the platted lot, and is maintained and utilized in the same manner and to the same degree as all other open space areas, as designated on the site plan as filed with the building permit application.

Parking Area, Private - means a permanently surfaced, open area for the same uses as a private garage.

Parking Area, Public - means a permanently surfaced, open area, other than a street, or other public way, used for parking of automobiles, and available to the public for a fee, free, or as an accommodation for clients or customers.

Parking Space - means a permanently surfaced area not less than one hundred eighty (180) square feet (measured approximately nine (9) feet by twenty (20) feet), either within a structure or in the open, not on [the] public right-of-way, exclusive of driveways or access drives, for the parking of one (1) vehicle.

Planned Unit Development - shall mean land under unified control, planned and developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and buildings; for principal and accessory structures and uses substantially related to the character of the district; according to comprehensive and detailed plans which include not only streets, utilities, and lots or buildings sites, but also site plans, floor plans, and elevations of all buildings, as intended, to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated, or maintained at general public expense. Planned unit development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the district and areas without the district.

Private Garage - is an accessory building, housing vehicles owned and used by the occupant of the main building.

Recreational Vehicle - is a self propelled vehicular, portable structure designed to be transported over the highways, and containing living or sleeping accommodations, such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes, and not exceeding eight (8) feet in width when in travel mode.

Restaurant - is an eating establishment where food or drinks are served to customers, either at tables or self served, or where facilities are provided on the premises which encourage the serving consumption of food to customers in automobiles for either on of [or] off premises consumption. This definition includes cafes, cafeterias, and drive through establishments.

Rooming House - is a dwelling occupied by a resident family or resident occupant, and three (3) or more rent-paying persons.

RV Park - means any lot or part thereof, or any parcel of land, which is used or offered as a location for one (1) or more recreational vehicles.

Satellite Dishes - means a device used to receive any satellite signal.

School, Business or Trade - means a business organized to operate for a profit and offering instruction and training in a service, art, or trade.

School, Elementary and High - means an institution of learning which offers instruction in several branches of learning and study required to be taught in the public schools. High schools include junior and senior grades.

Screening Element (Device) - or suitably screened, as herein referred, shall mean a device that blocks a persons view and consists of any of the following:

(a)

Any solid item such as a fence, wall, or similar item constructed of brick, masonry, concrete, metal, or wood, or base which supports a permanent type material, the vertical surface of which is not more than 30 percent open; or

(b)

Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition.

(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.

Setback - is the minimum required distance between the property line and a structure or building on that property, which establishes the minimum required front, side or rear yard space of a building plot.

Sexually Oriented Business - is an Enterprise as defined by section 4.1001 [4.06.001] of the Code of Ordinances of the City of Palacios.

Story - means that portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven (7) feet.

Story, Half - means 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 two (2) feet above the floor of such story.

Street - means a public or private thoroughfare which affords access to abutting property.

Structural Alteration - means any change, addition, or modification in construction in the supporting members of a building, such as, exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters, or trusses.

Tavern - means an establishment, including but not limited to bars, dancehalls, lounges, or nightclubs, for the sale of beer or intoxicating liquor for consumption on the premises, and where the sale of said beverages constitute[s] more than 50 percent of the business income of that establishment.

Towers - Radio, Television or Microwave - means structures supporting commercial antennae for transmitting or receiving any of the radio spectrum (includes structures used for satellites dishes).

Trailer (including automobile trailer and trailer coach) - is any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation or use as a selling, or advertising device, or use for storage or conveyance of tools, equipment, and machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.

Townhouse or Row House - One of a group of no less than three (3) nor more than twelve (12) attached dwelling units, separated by a fire rated wall, each dwelling unit located on a separate lot.

Use - means the purpose for which land, or a building or structure thereon, is designed, arranged, intended or maintained, or for which it is or may be used or occupied.

Use, Accessory - means a subordinate use on the same lot, with the principal use and incidental and accessory thereto.

Used Car Lot - is a lot or tract of land used for the sale, or display for sale, of two (2) or more previously owned motor vehicles, including, but not limited to, passenger automobiles, motorcycles, trucks, dune buggies and other types of motor vehicles designed for use upon the public roads or for pleasure off public roads, but not including farm implements, mobile homes, more than two campers or recreational vehicles, or construction equipment, such as, cranes, bulldozers and related equipment and trucks over one ton capacity.

Vehicle Service Center - means a center for the repair and maintenance of, or diagnosis upon, motor vehicles, including tire installation, but not including the sale of gasoline, body work, or spray painting.

Yard - means an open space, other than a court, on the same lot with a building.

Yard, Front - means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.

Yard, Rear - means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.

Yard, Side - means a yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.

Zone - for purposes of this chapter, shall mean the same as, and be used interchangeably with "district."

Zoning Map - means the official zoning map of the City, together with all amendments subsequently adopted.

A.

Establishment of Districts. For the purpose of this chapter, the City is hereby divided into eight (8) districts, plus a planned unit development category, as follows:

B.

Floodplain Compliance. All uses of property regulated by this chapter shall also comply with the floodplain regulations of the city.

C.

Official Zoning Map. The City is hereby divided into zones or districts, as shown on the official zoning map, which together with all explanatory matter thereon, is in existence and is hereby adopted and declared to be a part of this chapter.

D.

Map Certified. The official zoning map shall be identified by the signature of the mayor, attested by the City Secretary, and bearing the seal of the City under the following words:

"This is to certify that this is the official zoning map adopted December 11, 2007 as part of Ordinance No. 27-11-2007 of the City of Palacios, Texas."

E.

Location of Map. The official zoning map shall be in the custody of, and shall remain on file in the office of, the Building Official.

F.

Public Inspection of Map. The official zoning map, or a copy, shall be available for public inspection for all matters that are of public record.

G.

Amendment of Official Zoning Map. When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map after the amendment has been approved by the City Council.

H.

Official Zoning Map Replacement. The City Council may, by ordinance, adopt a new official zoning map should the original reproducible tracing of the official zoning map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, or any subsequent amendment thereof. The Planning and Zoning Commission shall review and update the zoning map at least once very three years. The new official zoning map shall be identified by the signature of the mayor, attested by the City Secretary, and bearing the seal of the City under the following words:

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

A.

After public hearing and proper notice, the Zoning Board of Adjustment may authorize the issuance of conditional use permits when the Zoning Board of Adjustment finds all of the following conditions present:

(1)

That the establishment, maintenance, or operation of the conditional use will not be materially detrimental to, or endanger, the public health, safety, or general welfare;

(2)

That the uses, values and enjoyment of other property in the neighborhood, for purposes already permitted, shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use;

(3)

That the establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;

(5)

That adequate measures have been or will be taken to provide ingress or egress, so designed as to minimize traffic congestion in the public streets; and

(6)

That the conditional use shall conform to all applicable yard area regulations of the district in which it is located.

B.

Prior to the granting of any conditional use, the Zoning Board of Adjustment may stipulate such conditions, restrictions, and duration upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in subsections (1) through (6) above. In all cases in which conditional uses are granted, the Zoning Board of Adjustment shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. The granting of a conditional use does not create a vested and/or permanent right to the use and the conditional use may be canceled at the City's sole discretion. No application for a conditional use that has been denied wholly or in part by the Zoning Board of Adjustment shall be resubmitted for a period of six (6) months from the date of said denial.

A.

Annexed Territory to be Zoned AG. All territory, hereafter annexed to the City, shall be temporarily classified as AG Agricultural District until permanent zoning is established by the City Council, except as provided in subsection C below. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations.

[B.]

Regulations for Temporary AG Districts. In an area temporarily classified as AG:

(1)

No permit for the construction of a building or use of land shall be issued other than a permit that will allow construction of a building permitted in AG district(s), unless and until, such territory has been classified in a zoning district other than an agricultural district.

(2)

A permit for any other use, may be issued by the administrative official upon approval by the City Council. The Planning and Zoning Commission shall first review the decision of the administrative official and make a recommendation to City council as to whether to issue the permit. In making its recommendation, the planning and Zoning Commission shall take into consideration the appropriate land use for the area and the overall plans for the City. The City Council, after receiving and reviewing the recommendation of the Planning and Zoning Commission may, by majority vote, authorize the issuance of a building permit or certificate of occupancy, or may disapprove the application as their findings may indicate appropriate in the public interest.

C.

Concurrent Rezoning and Annexation. The City may consider Application(s) for permanent zoning of a newly annexed area at the same time as the area is being considered for annexation.

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

A.

The administrative official 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 should be placed. The referral of the use interpretation question 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, vibration and any other public nuisance likely to be generated, and the general requirements for public utilities, such as, water and sanitary sewer.

B.

The Planning and Zoning Commission shall 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. The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council may approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use, as is determined appropriate after giving consideration to the facts and recommendations.

A.

Purpose. The AG District is intended to be used primarily in areas where agricultural uses should be retained, where scattered nonfarm growth should be prevented, and as a temporary classification for newly annexed lands.

B.

Uses Permitted. Permitted uses are designated in the Schedule of Uses attached as Schedule "A."

A.

Purpose. The AR District is intended to be used primarily in the area surrounding the Palacios Airport where aviation related activities would be appropriate.

B.

Uses Permitted. Permitted uses are designated in the Schedule of Uses attached as Schedule "A."

A.

Purpose. This district is the predominant single-family housing district in the City. Unless otherwise specified or requested, all residentially suited areas presently undeveloped, should be zoned in this district. Development in the R-1 district is limited to dwellings for four families or less and certain community and recreational facilities to serve residents of the district.

B.

Uses Permitted. Permitted uses are designated in the Schedule of Uses attached as Schedule "A."

C.

Area; Yard; Height; and Lot Coverage Requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 12.400, "Schedule of District Regulations."

A.

Purpose. The R-2 District is established to allow, in addition to the uses allowed in R-1, manufactured housing on individual lots and in manufactured home parks. Development in the R-2 district is limited primarily to single-family dwellings including manufactured homes and certain community and recreational facilities to serve residents of the district.

B.

Uses Permitted. Permitted uses are designated in the Schedule of Uses attached as Schedule "A."

C.

Area; Yard; Height; and Lot Coverage Requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 12.400, "Schedule of District Regulations."

D.

Manufactured Homes. All manufactured homes shall conform with the requirements of the city ordinances regulating manufactured homes.

E.

Manufactured Home Park. Any manufactured home park shall comply with the design and operation standards of the city's ordinance regulating manufactured home and recreational vehicle subdivisions or parks as contained in article 9.1200 [article 10.02, division 11] of the Code of Ordinances of the City of Palacios and any amendments thereto.

F.

Additional Requirements. In addition to the foregoing, the City Council may impose such other conditions, requirements, or limitations concerning the design, development, and operation of such manufactured home park as it may deem necessary for the protection of adjacent properties and public interest.

A.

Purpose. The WF-1—Waterfront-1 district is established to accommodate a primarily residential use and a limited number of commercial service uses that are compatible with residential shoreline development opportunities and that will strengthen the city's economic base, while maximizing the public's use and enjoyment of the City's waterfront.

B.

Uses Permitted. Permitted uses are designated in the Schedule of Uses attached as Schedule "A."

C.

Area; Yard; Height; and Lot Coverage Requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 12.400, "Schedule of District Regulations."

A.

Purpose. The WF-2—Waterfront-2 district is established as a multiple use commercial and residential district including the City's historic area and downtown/main commercial district; to accommodate a wide variety of land uses, including office, retail and residential uses that are compatible with shoreline development opportunities and that will strengthen the city's economic base, while maximizing the public's use and enjoyment of the City's waterfront.

B.

Uses Permitted. Permitted uses are designated in the Schedule of Uses attached as Schedule "A."

C.

Area; Yard; Height; and Lot Coverage Requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 12.400, "Schedule of District Regulations."

(a)

Purpose. The WF-3—Waterfront-3 district is established to primarily serve commercial fishing, recreational boating, and marine related activities; as well as to accommodate a wide variety of nonwater related land uses, including some commercial, industrial, residential and amusement uses that are compatible with shoreline development opportunities and that will strengthen the city's economic base, while maximizing the public's use and enjoyment of the City's waterfront.

(b)

Uses Permitted. Permitted uses are designated in the Schedule of Uses attached as Schedule "A."

(c)

Area; Yard; Height; and Lot Coverage Requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 12.400, "Schedule of District Regulations."

A.

Purpose. The C—Commercial District is established to accommodate those uses that are of city-wide and regional significance such as retail, service, and office uses.

B.

Generally.

(1)

Under no circumstances shall the conduct of any business impede pedestrian traffic along sidewalks, or vehicular traffic along roadways.

(2)

Parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this section, shall be limited to vehicles of not over one and one-half (1½) ton capacity when located within one hundred fifty feet (150') of a residential district boundary line.

C.

Uses Permitted. Permitted uses are designated in the Schedule of Uses attached as Schedule "A."

D.

Conditional Uses. The following conditional uses may be allowed in the C District subject to the provisions of Section 12.301.

(1)

Hotels and motels, provided that the zoning lot shall be not less than two (2) acres;[.]

(2)

Dwelling units, restricted to a maximum gross floor area of five thousand (5,000) square feet above the ground floor of a commercial building.

(3)

Single-family residential dwelling units, including modular homes.

E.

Area; Yard; Height; and Lot Coverage Requirement. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 12.400, "Schedule of District Regulations."

A.

Purpose. The purpose of a Planned Unit Development District (PUD) is to encourage and provide means for implementing desirable and quality development by permitting greater flexibility and design freedom than that permitted under the basic district regulations.

B.

Intent. These regulations are intended to permit latitude in the development of a building site if such development is found to be in accordance with the purpose, spirit and intent of this chapter and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safely [safety] and welfare of the community.

C.

PUDs Allowed. Planned unit developments shall be allowed in any zoning district as an overlay zone to the zoning district in which it is located. A PUD which will contain uses not permitted in the zoning district in which it is to be located must be approved under the provisions of a Special Permit as prescribed in this chapter. In such a case, a PUD application shall be accompanied by an application for a Special Permit, except that any residential use shall be considered a permitted use in a PUD within any district. Compliance with the regulations of this section in no way excuses the developer from the applicable requirements of the zoning or subdivision regulations of the city, except as modifications thereof are specifically authorized in the approval of the application for the PUD.

D.

Adjacent Districts. Where a site is situated in more than one use district, the permitted uses applicable to such property in one district may be extended into the adjacent use district without requiring a Special Permit.

E.

Manufactured Homes. The use of HUD-Code manufactured homes is permitted within a PUD district provided such homes meet the requirements established by the Texas Dept. of Licensing & Regulation, Manufactured Housing Division.

F.

Application. The owner of any tract of land may apply for and request a rezoning as a PUD. A proposed site plan shall be submitted indicating density of residential, commercial and/or industrial areas, along with the location of all proposed streets, alleys, protective screening and open spaces. It is the intent of this section that site and building plans for a PUD shall be prepared by a designer or team of designers having professional competence in urban planning as proposed in the application.

G.

Joint Public Hearing. If the administrative official determines the application is completed, and after appropriate notice in accordance with this chapter, a joint public hearing of the Planning & Zoning Commission and City Council on each request for approval of a PUD shall be held. During the joint public hearing pertinent comments by the applicant(s), city staff and public testimony given shall be considered. After the close of the joint public hearing, the Planning & Zoning Commission shall deliberate the PUD application at its own scheduled meeting.

H.

Review and Action by the Planning & Zoning Commission. In its deliberation, the Planning & Zoning Commission shall consider the application, any pertinent comments by the applicant(s), city staff, other relevant support materials [sic]. After reviewing the site plan in accordance with the criteria listed in this section and reviewing all pertinent information, the Commission shall:

(1)

Recommend that the City Council rezone to PUD, subject to approval of the submitted site plan;

(2)

Recommend that the City Council rezone to PUD, subject to modifications to the submitted site plan; or

(3)

Recommend that the City Council deny the request.

I.

Review and Action by City Council.

(1)

The City Council shall consider the recommendations from the Planning and Zoning Commission regarding each PUD application. The City Council shall further discuss any pertinent comments by the applicant(s), city staff, and after reviewing the site plan in accordance with the criteria listed in this section and reviewing all pertinent information, shall:

(a)

Rezone to PUD, subject to the submitted site plan;

(b)

Rezone to PUD, subject to modifications to the submitted site plan; or

(c)

Deny the request.

(2)

In granting such PUD, the City Council may impose or amend all conditions recommended by the Planning and Zoning Commission. The Council may attach such conditions to a PUD approval as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: limitations on size, bulk and location, provision of adequate ingress and egress, duration of use approval, and hours of operation of the planned unit development.

J.

Amendment. A planned unit development granted under these provisions shall be considered as an amendment to this Chapter as applicable to such property.

K.

PUD Concept Plan as Preliminary Plat. After approval of a PUD by the City Council, the Planning and Zoning Commission is hereby authorized to accept a PUD site plan as a preliminary plat, if required. A final PUD will be handled as would any final plat.

L.

Expiration of Approval. Approval of any PUD site plan shall be void if construction has not begun within one year from the time of approval of the PUD. After one year, a new application, as for an original request for PUD, must be submitted for reapproval.

M.

Site Plan Modifications. In no case shall an approved PUD site plan be amended nor the area of the total PUD reduced once a portion has been constructed without first resubmitting the changes as a new application for site plan approval, as appropriate.

N.

General Criteria. A PUD concept plan shall be approved only if the following general criteria are all met.[:]

1.

The proposal is consistent with the City's Comprehensive Plan.

2.

No PUD shall have an area less than that approved by the Planning & Zoning Commission as adequate for the proposed development.

3.

The PUD is necessary to address a unique situation or represents a substantial benefit to the City, compared to what could have been accomplished through strict application of the otherwise applicable zoning district standards.

4.

The proposed plan mitigates any potential significant adverse impacts to the maximum practical extent.

5.

The arrangement of structures and open spaces within the development site shall be as necessary to ensure that adjacent properties will not be adversely, affected and that the development is planned as an attractive and functional asset for the community.

6.

The street, drainage and utility systems shall be designed to accommodate the overall demand of the PUD and to meet the regulations of the city.

7.

The size, location, design and nature of signs, if any, and the design, intensity and direction of area lighting or floodlighting, if any, shall comply with the regulations of the city, if any.

8.

Provision shall be made for ownership and maintenance of common open space through protective covenants running with the land, deed or trust, or other similar mechanism; or may be dedicated to the public as a park.

O.

Residential PUD Density and Design Criteria. In addition to the above, specific density and design criteria for a residential PUD within existing residential zones shall be as follows:

1.

The minimum lot size, lot widths and yard areas shall be established by the Planning and Zoning Commission in accordance with a site plan approved for the development.

2.

Detached residential density shall not exceed 12 units per acre. Attached residential density shall not exceed 28 units per acre.

3.

If mixed use, residential uses shall comprise 80 percent or more of the gross area of a mixed use development, with the remaining 20 percent or less being used for nonresidential uses, unless approved otherwise by the Planning & Zoning Commission.

P.

Legislative Approvals. The city council, as part of the approval of a PUD, may require an applicant to make reasonable contributions to include, but not [be] limited to the following or to any combination of the following:

1.

Dedication of land for public park purposes.

2.

Dedication of land for public school purposes.

3.

Dedication of land for public road right-of-way purposes.

4.

Construction of, or addition to, roads serving the proposed project when such construction or addition is related to the traffic to be generated.

5.

Installation of required traffic safety devices,[.]

6.

Preservation of areas containing significant natural, environmental, historic, archeological or similar, resources.

Q.

Construction. Upon approval of a PUD, construction shall proceed only in accordance with the plans and specifications so approved and in conformity with any conditions attached.

R.

Compliance with Plan. The code official shall not issue any permit for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plan and with any conditions imposed in conjunction with its approval.

(Ord. No. 27-11-2007, 12-11-2007)

  * Maximum height cannot exceed 35 feet measured to the trust or rafter bearing plate

 ** Town Houses are exempted from this limitation

*** Maximum portion of a lot that may be covered by a main building and any accessory buildings

A.

Combining Lots. A person combining lots to create a building site on which the proposed building would otherwise cross side setback lines shall provide a subdivision plat to the planning commission and council for approval according to the subdivision ordinance.

B.

Building Foundations. Must be a minimum of ten feet from any water line, sanitary sewer line, and/or storm sewer line in the right-of-way. More restrictive setback requirements contained in recorded plats or recorded deed restrictions shall not be affected by this subsection.

C.

Overhanging Structures. On any lot or tract where a structure may be built on the front property line (a zero front yard setback), no part of the structure or building may overhang or protrude past the property line.

D.

Obstructing Views. All hedges, opaque and wood fences, walls or other structures that would obstruct the view of pedestrians or traffic that are located in the front or side yard which faces any public street or ROW and is between the property line and ten (10') setback line shall not be higher than thirty-six inches (36") above natural grade.

(Ord. No. 2016-O-1, 3-22-2016)

A.

Interpretation.

(1)

When the district boundaries are either roads or streets, unless otherwise shown, and where the designation of the district map indicates that the various districts are bounded by a road or street line, the centerline of such road or street shall be construed to be the district boundary line.

(2)

Where the district boundaries are not otherwise indicated and where property has been subdivided into lots and blocks, the subdivision boundaries shall be construed to be the boundary of the district.

(3)

Where the district boundaries are not otherwise indicated for unsubdivided property, the district boundaries shall be the property lines or section lines, or quarter section lines, or quarter-quarter section lines.

(4)

Where district boundaries are disputed or not otherwise clearly designated, or where the physical or structural features are at variance with the official zoning map, or in other circumstances not covered in this section, the Zoning Board of Adjustment shall interpret the district boundaries.

B.

Rules for Words and Phrases. For the purposes of this chapter, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation, as well as, an individual; the word "used" includes designed and intended or arranged to be used; the word "building" includes the word "structure"; the word "lot" includes "building lot" or parcel. Wherever this chapter imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this chapter shall govern.

C.

Compliance with Regulations. The regulations set by the chapter within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, except as hereinafter provided.

(1)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, repaired, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(2)

No building or other structure shall hereafter be erected or altered to exceed the height limitations, to accommodate or house a greater number of families, or to occupy a greater percentage of lot area than that specified herein for the district in which it is located.

(3)

No building or other structure shall have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner contrary to the provisions of this Chapter.

(4)

No part of a yard, other open space, off-street parking or loading space, required about or in connection with any building for the purpose of complying with this section, shall be included as a part of a yard, open space, off-street parking, or loading space similarly required for any other building, except as specifically provided for under section 12.301.

(5)

The regulations regarding the location of manufactured housing shall not be interpreted to prevent the use of modular buildings, metal shell buildings, or converted manufactured home units for nonresidential purposes in a "C" or "WF" district.

D.

Structures to have Access. Every building, which shall hereafter be newly erected or moved to be set up as a permanent building, shall be on a lot that has access to an adjacent public street right-of-way, or access to a public street right-or-way via an approved private street. All structures shall be located on the lot with clearances as required by other sections of this chapter and as required for convenient and safe access, for servicing, and for fire and emergency services. Driveway approaches shall be constructed in accordance with the standards of construction as may be established by the subdivision regulations of the City of Palacios or as may be otherwise approved by the City.

E.

Visibility at Intersections. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner that it will interfere with traffic visibility at the intersection. On a corner lot an unobstructed visibility area, being a triangle measured twenty-five feet (25') along the two right-of-way lines from the point of their intersection, shall be maintained. No object on the ground in said triangle shall exceed two feet (2') in height and overhanging vegetation shall not droop lower than ten feet (10') from the ground.

F.

Height and Area Exceptions. The regulations contained herein relating to the height of buildings or structures and the size of yards and other open spaces shall be subject to the following exceptions:

(1)

Churches, schools, and other public and quasi-public buildings may be erected to a height not exceeding seventy feet (70') or five (5) stories, provided the front, side, and rear yards required in the district in which such a building or structure is to be located are each increased at least one foot (1') for each foot of additional height above the height otherwise established for the district in which such building or structure is to be located.

(2)

Chimneys, cooling towers, church steeples or spires, tanks, water towers, television antennas, microwave radio relay or broadcasting towers, mast or aerials, and necessary mechanical appurtenances, are hereby excepted from the height regulations of this section, but shall comply with any other City ordinance that may regulate their height.

(3)

When a lot has an area less than the minimum number of square feet, as required for the district in which it is located, and was of record, as such, at the time of the passage of this chapter, such lot may be occupied by one (1) family subject to the setback, rear yard, and side yard regulations for the district in which it is located.

G.

Home Occupations. The purpose of the home occupation provision is to permit the conduct of home occupations that are compatible with the neighborhoods in which they are located. Home occupations are a permitted accessory use in all residential districts, and are subject to the requirements of the district in which the use is located, in addition to the following:

(1)

Only the members of the immediate family occupying the dwelling shall be engaged in the home occupation.

(2)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.

(3)

There shall be no exterior alterations which change the character thereof as a dwelling, other than those signs permitted in the district.

(4)

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

(5)

No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference, or any other nuisance not normally associated with the average residential use in the district.

(6)

The home occupation shall not create any increase in vehicular flow or parking by more than two (2) additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district.

(7)

No more than one (1) advertising sign with a maximum of four (4) square feet of a nonilluminating nature may be placed on the main building.

(8)

Examples of home occupations: The following are examples of uses that can often be conducted within the limits of this section. Uses listed in this paragraph do not automatically qualify as a home occupation, nor does this listing limit the uses that may qualify as home occupations: handicraft, dressmaking, preserving, accountant, artist, author, consultant, individual tutoring (music lessons included), millinery, attorney, and realtor.

(9)

Prohibited uses: The following uses have a tendency to violate the provisions for home occupations, and thereby, impair the character of residential areas. Therefore, the uses specified shall not be permitted as accessory uses in residential districts: commercial auto repairs, painting of vehicles or boats, private schools, and child day care center of more than ten (10) children.

(10)

Interpretation of home occupations: The Zoning Board of Adjustment shall interpret the provisions of this section to determine the validity of a home occupation. A use considered not within the scope of the home occupation provisions shall be subject to the provisions of the commercial zones of this chapter.

A.

Intent. Within the districts established by this chapter, or amendments that may later be adopted, there exist:

(1)

Lots and uses of lands;

(2)

Buildings and structures;

(3)

Uses of land and buildings in combination; and

(4)

Characteristics of use

which were lawful before this chapter was passed and amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to allow these nonconformities to continue, subject to this chapter, until they are removed or discontinued, which is sometimes referred to as "being GRANDFATHERED." This right to continue applies only if the lot, building and/or use had at the time this chapter was adopted, any required business license properly filed with the necessary authorities[.]

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

B.

Nonconforming Lots of Record. In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, if the deeds or plats of such lot or lots were recorded prior to the effective date of this chapter. This provision shall apply even if such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by Section 12.400; however, all other provisions of Section 12.400 shall apply. Any required variances shall be obtained only through the Zoning Board of Adjustment.

(1)

Discontinued Nonconforming Use. The lawful use of a building or land existing at the date of enactment of this chapter, although such does not conform to the provisions hereof, may be continued, but if a nonconforming use is discontinued for a period of six (6) consecutive calendar months, not including discontinuance of use due to litigation, it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions hereof. The use of land, if changed from a nonconforming use, shall be in conformity with the provisions hereof[.]

(2)

Board Approved Use. Any use which is permitted in a district only upon action of the Zoning Board of Adjustment shall, upon its establishment by the Zoning Board of Adjustment, be considered a conforming use in that district, provided that this regulation shall not be so interpreted as to waive any conditions of a conditional permit for such use. Other like uses in the same district must obtain a conditional use permit.

(3)

Manufactured Homes. Notwithstanding the provisions of this chapter, an owner of a nonconforming manufactured home may replace that nonconforming structure with another manufactured home on the same lot, provided that the replacement manufactured home is a newer manufactured home and is at least as large in living space as the prior manufactured home.

A.

Duties and Powers. The Planning and Zoning Commission is hereby charged with the duty and invested with the authority to:

(1)

Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and of the City.

(2)

Recommend to the City Council approval or disapproval of proposed changes in the zoning plan.

(3)

Formulate and recommend to the City Council, for its adoption, a comprehensive plan for the orderly growth and development of the City and its environs and from time-to-time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the City.

(4)

Formulate a zoning plan as may be deemed best to carry out the goals of the City Plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in V.T.C.A., Local Government Code, § 211.007. All powers granted under said Section are specifically adopted and made a part hereof[.]

(5)

Exercise all the powers of a Commission as to approval or disapproval of plans, plats, or replats set out in V.T.C.A., Local Government Code, § 212.006.

(6)

Study and recommend the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.

(7)

Study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures appurtenances. Study and recommend on the design or alteration and on the location or relocation of works of art which are, or may become, the property of the City.

(8)

Initiate in the name of the City, for consideration at public hearing, all proposals: (a) for the opening, vacating or closing of public rights-of-way, parks or other public places; or closing of public rights-of-way, parks or other public places; (b) for the change of zoning district boundaries on an area-wide basis. No fee shall be required for the filing of any such proposal in the name of the City.

(9)

Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted City Plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the City.

(10)

In addition to the quarterly reports to City Council required by the City Charter, the Planning and Zoning Commission shall submit at a time determined by City Council, an annual progress report to the City Council summarizing its activities, major accomplishments for the prior year, and a proposed work program for the coming year. The report shall contain for the year the attendance record of all members and identity of commission officers.

A.

Organization of Zoning Board of Adjustment.

There is hereby created a Zoning Board of Adjustment, herein referred to as the Board. In the absence of a Board, the City Council shall serve as the Board. The Board shall be organized, appointed, and function as follows:

The Board shall consist of five (5) members who are residents of the City, each to be appointed by the City Council for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hearing. The City Council shall designate one (1) member as chairman. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. The City Council may appoint two (2) alternate members of the Board who shall serve in the absence of one (1) or more of the regular members when requested to do so by the Chairman of the Board or City Secretary, as the case may be. All cases to be heard by the Board will always be heard by a minimum of seventy-five percent (75%) of the number of regular members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner, and they shall be subject to removal the same as the regular members.

Each position on the Board shall be given a numerical designation with the designations beginning with the number 1 and ending with the number 5. The terms of the odd-numbered positions (places 1, 3, and 5) shall expire in odd-numbered years and the terms of even-numbered positions (places 2 and 4) shall expire in even-numbered years. Board members may be appointed to successive terms.

Each alternate position on the Board shall be given a numerical designation with the designations beginning with the number 1 and ending with the number 2. The terms of the odd-numbered positions shall expire in odd-numbered years and the terms of even-numbered positions shall expire in even-numbered years. Board alternate members may be appointed to successive terms.

Appointments of members and alternate members of the Board shall be made at the first regular City Council meeting in the month of June of each year. Newly appointed members and alternate members shall be installed at the first regular Board meeting after their appointment. If there is a sitting Board, they shall continue to serve until their replacement is installed.

B.

Operational Procedure.

(1)

The Board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this chapter or state law. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The Chairman, or in his absence, the acting Chairman, may administer oath and compel the attendance of witnesses.

(2)

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, and shall keep record 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.

(3)

Decisions of the Administrative Official may be appealed to the Board by any person aggrieved or by an officer, department, or board of the municipality affected by a decision of the administrative official. Such appeal must be made within fifteen (15) days after the decision has been rendered by the administrative official by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The Administrative Official whose decision is being appealed shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from was taken.

(4)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with the officer, that, by reasons 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 or a court of record on application or notice to the officer from whom the appeal is taken and on whom due cause shown.

(5)

No appeal to the Board for the same or related variance on the same piece of property shall be allowed prior to the expiration of six (6) months from a previous ruling of the Board on any appeal to such body unless other property in the immediate vicinity has, within the said six (6) months period, been changed or acted on by the Board or City Council so as to alter the facts and conditions on which the previous board action was based. Such change of circumstances shall permit the rehearing of an appeal by the Board prior to the expiration of six (6) months period, but such conditions shall in no wise have any force in law to compel the Board, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

(6)

At a public hearing relative to any appeal, any interested party may appear in person, or by agent, or by attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the Board on any appeal. Any special exception or variance granted or authorized by the Board, under the provisions of this chapter, shall authorize the issuance of a building permit or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action of the Board, unless said board shall have, in its action, approved a longer period of time and has so shown such specific longer period in the minutes of its action. If the building permit and/or certificate of occupancy shall not have been applied for within said ninety (90) day period, or such extended period as the Board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.

C.

Actions of the Zoning Board of Adjustment.

(1)

In exercising its powers, the Board may, in conformity with the provisions of the Statutes of the State of Texas as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken. The Board shall have the power to impose reasonable conditions to be complied with by the applicant.

(2)

The concurring vote of seventy-five percent (75%) of the number of regular members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this chapter or to effect any variance in said chapter.

(3)

Any person or persons jointly or severally aggrieved by any decision of the Board, or any taxpayer, or any officer, department, or Board of the municipality may present to a court of record (District Court) a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of 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 and not thereafter.

D.

Notice of Hearing Before Zoning Board of Adjustment Required. The Board shall hold a public hearing on all appeals made to it, and written notice of such public hearings shall be sent to the applicant and all other persons who are owners of real property lying within two hundred feet (200') of the property on which the appeal is made. Measurements shall be taken inclusive of public streets. Such notice shall be given no less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last City tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Post Office. Notice shall also be given by publishing the same in the official publication of the City at least ten (10) days prior to the date set for hearing, which notice shall state the time and place of such hearing.

E.

Jurisdiction of Zoning Board of Adjustment. When, in its judgment, the public convenience and welfare will be substantially served, and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize special variances and/or exceptions to the regulations herein established. The Board shall also:

(1)

Consider applications for conditional uses as set forth in Section 12.301;

(2)

Hear and decide appeals when it is alleged there is error on any order, requirement, decision, or determination made by the administrative official in the enforcement of this chapter;

(3)

Interpret the intent of the zoning district map where uncertainty exists because the physical features on the ground vary from those on the zoning district map and none of the rules set forth in this chapter apply;

(4)

Initiate, on its motion or cause presented by interested property owners, action to bring about the discontinuance of a nonconforming use;

(5)

Require the discontinuance of a nonconforming use under any plan, whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter;

(6)

Consider requests to change of occupancy of a nonconforming use to another nonconforming use in accordance with the provisions of Section 12.600;

(7)

Consider requests for the enlargement of a nonconforming use in accordance with the provisions of Section 12.600;

(8)

Consider requests for the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the Board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure, and provided that such actions conform to the provisions of Section 12.600;

(9)

Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated, or substandard;

(10)

Consider requests for variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, off-street parking, off-street loading regulations, lot area, maximum height, where the literal enforcement of the provisions of this chapter would result in an unnecessary hardship, or where such variance is necessary to permit a specific parcel of land, which differs from other parcels of land in the same district by being of such area, shape or slope, that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district.

A.

Purpose. Variances are deviations from the property development standards for the applicable district where development is proposed that would not be contrary to the public interest and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship and if granted the spirit of this chapter is observed and substantial justice done. A variance is not applicable to a use or an operational performance standard.

B.

Authority. The Zoning Board of Adjustment (the "Board"), in accordance with the procedures, standards and limitations of this division, shall approve, approve with conditions or disapprove an application for a variance permit or special exception permit after receiving a recommendation by the chief building official.

C.

Application. A complete application for a variance permit or special exception permit shall be submitted by a qualified applicant to the Administrative Official or his designee, on a form prescribed by the city, along with a nonrefundable fee of $125.00, which may be changed from time to time by the city council to defray the actual cost of processing the application. No application shall be processed until the established fee has been paid and the application has been determined complete by the Administrative Official.

D.

Review and Recommendation. After determining that the application for a variance permit is complete, the Administrative Official shall review the application and prepare a written report, which may include a recommendation of approval, approval with conditions or disapproval based upon the criteria in section 12-900(F) [12.900(F)]. A copy of the report shall be mailed to the applicant at least ten days prior to the public hearing on the application.

E.

Public Hearing. After due notice, the Board shall hold a public hearing on an application for a variance permit. At the public hearing, the Board shall consider the application, the staff report, the relevant support materials and the public testimony given at the public hearing. After the close of the public hearing, the Board shall vote to approve, approve with conditions or disapprove the application for a variance permit, pursuant to the criteria of section 12.900(F).

F.

Permit Criteria. To approve an application for a variance permit submitted as provided in this division, the Board shall make an affirmative finding that the following criteria are met:

(1)

Special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same district and are not merely financial;

(2)

These special circumstances are not the result of the actions of the applicant;

(3)

Literal interpretation and enforcement of the terms and provisions of this chapter would deprive the applicant of rights commonly enjoyed by other land in the same district and would cause an unnecessary and undue hardship;

(4)

Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this chapter and would result in substantial justice;

(5)

Granting the variance will not adversely affect adjacent land in a material way; and

(6)

Granting the variance will be generally consistent with the purposes and intent of this chapter.

G.

Conditions. The Administrative Official may recommend and the Board may impose such conditions on a variance permit as are necessary to accomplish the purposes of this chapter, to prevent or minimize adverse impacts upon the public and neighborhoods and to ensure compatibility. These conditions may include but are not limited to limitations on size, bulk and location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; cash deposits, bonds and other guarantees of deposit; other on-site improvements; and limitations on the duration of the permit or hours of operation.

H.

Notice of Decision. The Administrative Official shall provide a copy of the decision issued under this division to the applicant by mail within ten days of the decision of the Zoning Board of Adjustment.

I.

Effect of Variance Permit.

(a)

Generally. Issuance of a variance permit shall authorize only the particular variation which is approved in the variance permit. A variance permit shall run with the land.

(b)

Time Limit. Unless otherwise specified in the variance permit, an application to commence construction of the improvements that are the subject of the variance permit request must be applied for and approved within 12 months of the date of the approval of the variance permit; otherwise the variance permit shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month time frame may be granted by the Zoning Board of Adjustment for a period not to exceed 12 months for good cause shown.

A.

General. The zoning regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modification, or repeal shall be deemed to amend, supplement, change, modify, or repeal the Comprehensive Plan of the City and shall become a part of such comprehensive plan. The Planning and Zoning Commission and its composition and duties are established by the City Council.

B.

Amendment Initiation. An amendment to this chapter may be initiated by:

(1)

City Council on its own motion;

(2)

Planning and Zoning Commission; or

(3)

Request by owner or agent of owner of property to be changed.

C.

Procedure.

All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the administrative official, which officer shall cause notices to be sent and the petition placed on the Planning and Zoning Commission agenda.

The City Council may not enact any proposed amendment until the Planning and Zoning Commission makes its final report to the City Council. The City Council may refer proposed amendments to the Planning and Zoning Commission for recommendation. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of filing the original request for amendment; however, all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing.

D.

Public Hearing and Notice.

Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one (1) public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than ten (10) days before such hearing is held to all owners of property which is located within the area proposed to be changed, within two hundred feet (200') of such property or within two hundred feet (200') of any other adjacent property under the same ownership as the tract to be rezoned. Measurements shall be taken inclusive of public streets. Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, in the United States Mail.

No notice of hearings before the Planning and Zoning Commission on proposed changes in zoning regulations need be given except as may be required by state law.

E.

Commission Report. The Planning and Zoning Commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the City Council. Such report may recommend for or against such proposed change and may but need not include reasons for such decision. The Commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes that may have a direct bearing thereon. If the Commission fails to finally report after sixty (60) days, it shall be deemed to have recommended negatively to the proposal.

F.

Forwarding Final Report. Every proposal, receiving a final report by the Commission, shall be forwarded to the Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

G.

Withdrawal. Any proposal or application may be withdrawn by the proponent after the Commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the Council will not consider it. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original application.

H.

Council Hearing and Notice. The City may, from time to time, amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the Council. Notice of Council hearing shall be given by publication one (1) time in the official newspaper of the City, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. No such amendment, supplement, or change shall be considered unless and until the Commission makes its final report thereon. Publication of such change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.

I.

Application Not to be Considered for Another Six Months After Denial of Request for Rezoning. No application for rezoning shall be considered within six (6) months of denial of a request by the City Council for the same classification on the same property.

J.

Protest Against Change. In case of a protest against such change, signed by the owners of fifty percent (50%) or more either of the land included in such proposed change, or of the land within two hundred feet (200') thereof, including any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the City Council.

K.

Council Action on Application. The proponent of any zone change shall satisfy the City Council that either the general welfare of the City affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the Council's satisfaction, it may grant the requested zone change; or it may change the zone's designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character.

L.

Site Plan and Supporting Documents Required; Petition for Zoning District Change or Conditional Use.

When in the opinion of the Planning and Zoning Commission, City Council, or Zoning Board of Adjustment that greater information is required from the petitioner concerning the nature, extent, and impact of his request than supplied with his application for a change in zoning or conditional use permit, in order for such Commission, Council, or Board to properly review and evaluate all relevant factors thereof, said Commission, Council, or Board may require the applicant to submit a site plan and supporting documents conforming with all or a portion of the requirements set forth in this subsection, prior to rendering a decision thereon.

The petitioner is encouraged to meet with the appropriate Commission, Council, or Board in a public work session to ascertain the exact extent of plans and documents required, if any, prior to the City initiating the advertisement for public hearing on the petition.

The general type and extent of plans and supporting documents which may be required of the petitioner include, but are not necessarily limited to:

(1)

Site Plan. Meeting all of the requirements of a "preliminary plat", as described in the City's subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project's petition. Additional site plan drawing information which the reviewing body may require includes:

(a)

Existing and proposed zoning district;

(b)

General outline of extensive tree cover areas;

(c)

Drainage ways and 100-year floodplain limits;

(d)

Proposed elements for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required;

(e)

Proposed internal, nonvehicular circulation linkages, such as, pedestrian paths and hike trails, bike trails, and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict;

(f)

A tabular summary schedule indicating:

(i)

The gross acreage and percent of each type of zoning category proposed;

(ii)

The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single-family, two-family, multifamily townhouse, etc., including the total gross project acreage;

(iii)

The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use plus one-half (½) of any abutting street;

(iv)

The quantitative number of dwelling units proposed for each residential dwelling type (i.e., single-family, two-family, etc.);

(v)

Proposed maximum lot coverage by building types (i.e., single-family, two-family, multifamily, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site.

(2)

Architectural Drawings. Elevations, concept sketches, or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals.

(3)

Written Documents. In narrative form on 8½" X 11" sheets, including:

(a)

Statement(s) on planning objectives to be achieved in use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc[.];

(b)

Legal description of the total site area proposed for rezoning, development, or conditional use permit;

(c)

A development schedule indicating the approximate dates(s) when construction of the proposed development, and subsequent stages or phases thereof, if any, can be expected to begin and be completed, to the best of the applicant's knowledge and belief;

(d)

A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application;

(e)

Economic feasibility and/or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit;

(f)

Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment;

(g)

Statement(s) as to how and when the applicant proposes to provide water and sewer to the development; and

(h)

Signature and title of the applicant and date of the application at the conclusion of the written documents certifying the information presented in the plans and supporting documents reflects a reasonably accurate portrayal of the general nature and character of the proposals.

Schedule A
City of Palacios Zoning Matrix

Y = Yes Use Permitted

N = No Use not permitted

Any use not listed above must apply for specific use permit from the Planning Commission[.]

(Ord. No. 27-11-2007, 12-11-2007)