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Pearsall City Zoning Code

ARTICLE IV

- DISTRICT REGULATIONS

Sec. 48-81. - Schedule of district regulations adopted.

(a)

Agriculture and Open Space District (A-O).

(1)

Purpose. This district includes lands within the jurisdiction of the City which are not subdivided and relatively undeveloped. This district is designed to promote orderly, timely, economical growth and to recognize current conditions. It is a reserved area in which the future growth of the City can occur.

(2)

Permitted uses. Refer to table A in section 48-82.

(3)

Conditional uses. Refer to table A in section 48-82.

(4)

Area requirements/additional information. Refer to table B in section 48-83.

(b)

Single- and Two-Family Dwelling District (R-1).

(1)

Purpose. This district includes lands within the City limits subdivided for single- and two-family residential purposes and associated uses. The district is designed to provide sufficient, suitable residential neighborhoods protected from incompatible uses and provided with necessary facilities and services.

(2)

Permitted uses. Refer to table A in section 48-82.

(3)

Conditional uses. Refer to table A in section 48-82.

(4)

Area requirements/additional information. Refer to table B in section 48-83.

(5)

Parking requirement. Refer to section 48-59.

(6)

Sign regulations. Refer to section 48-60.

(c)

Multifamily Dwelling District (R-2).

(1)

Purpose. This district includes lands within the City limits subdivided for single and multiple family dwelling purposes and associated uses. It may be utilized as a transitional zone between low to moderate density residential and commercial uses.

(2)

Permitted uses. Refer to table A in section 48-82.

(3)

Conditional uses. Refer to table A in section 48-82.

(4)

Area requirements/additional information. Refer to table B in section 48-83.

(5)

Parking requirements. Refer to section 48-59.

(6)

Area requirements/additional information. Refer to table B in section 48-83.

(d)

Manufactured Housing District (R-3).

(1)

Purpose. This district includes lands within the City limits and/or its jurisdiction subdivided for single and multiple-family manufactured housing purposes and associated uses.

(2)

Permitted uses. Refer to table A in section 48-82.

(3)

Conditional uses. Refer to table A in section 48-82.

(4)

Area requirements/additional information. Refer to table B in section 48-83.

(5)

Parking requirements. Refer to section 48-59.

(6)

Sign regulations. Refer to section 48-60.

(7)

Site requirements.

a.

All mobile homes must be tied down.

b.

All housing must be skirted or have an enclosed foundation. The skirting and foundation must conform with the architectural design of the structure and be in conformity with the subdivision.

c.

All housing will have a concrete foundation of either runners or slab.

(e)

Commercial, Office and Professional District (C-1).

(1)

Purpose. This district includes lands within the city limits subdivided for offices or grouping of offices and their associated uses. It may be utilized as a transitional zone between residential and other commercial districts.

(2)

Permitted uses. Refer to table A in section 48-82.

(3)

Conditional uses. Refer to table A in section 48-82.

(4)

Area requirements/additional information. Refer to table B in section 48-83.

(5)

Parking requirements. Refer to section 48-59.

(6)

Sign regulations. Refer to section 48-60.

(f)

Neighborhood Business District (C-2).

(1)

Purpose. This district includes uses of limited retail category intended for use in or near residential neighborhood areas for purposes of supplying day-to-day retail needs of residents, such as foods, drugs and personal services.

(2)

Permitted uses. Refer to table A in section 48-82.

(3)

Conditional uses. Refer to table A in section 48-82.

(4)

Area requirements/additional information. Refer to table A in section 48-82.

(5)

Parking requirements. Refer to section 48-59 herein.

(6)

Sign regulations. Refer to section 48-60 herein.

(g)

General Business District (C-3).

(1)

Purpose. This district includes lands within the City limits subdivided for uses constituting retail goods and consumer services to residential of the trades area of the City. The district also provides space for financial, administrative and business services compatible with this areas function as the focal point of community activity and its intensive development.

(2)

Permitted uses. Refer to table A herein.

(3)

Conditional uses. Refer to table A herein.

(4)

Area requirements/additional information. Refer to table B herein.

(5)

Parking requirements. Refer to section 48-59 herein.

(6)

Sign regulations. Refer to section 48-60 herein.

(h)

Light Industrial District (M-1).

(1)

Purpose. This district includes those industrial activities which provide for an environment exclusively for, and conducive to, the development and protection of modern, relatively large scale administrative facilities, research facilities and specialized processing and assembling plants, all of a non-nuisance type, and provide for the protection of nearby residential and commercial areas.

(2)

Permitted uses. Refer to table A in section 48-82.

(3)

Conditional uses. Refer to table A in section 48-82.

(4)

Area requirements/additional information. Refer to table B in section 48-83.

(5)

Parking requirements. Refer to section 48-59.

(6)

Sign regulations. Refer to section 48-60.

(i)

Heavy Industrial, including Agricultural Industry, District (M-2).

(1)

Purpose. This district includes those lands and improvements uses primarily for manufacturing and related undertakings which generate large degrees of traffic, involve multi- shift employment, require large parcels of land, etc., and are not generally compatible with activities in the M-1 district.

(2)

Permitted Uses: Refer to table A in section 48-82.

(3)

Conditional Uses: Refer to table A in section 48-82.

(4)

Area requirements/additional Information. Refer to table B herein.

(5)

Parking requirements. Refer to section 48-59.

(6)

Sign regulations. Refer to section 48-60.

Sec. 48-82. - Table A.

(a)

Table A, Permitted and conditional uses.

TABLE A

AGRICULTURE AND OPEN SPACE DISTRICT (A-O)

Permitted Uses Conditional Uses
Permitted uses include, but are not limited to, the following: Conditional uses include, but are not limited to, the following:
Dwellings, single-family Aircraft, landing strips rental or repair
Farm Airports, landing strips and terminal facilities
Garden (home) Barn or stable for livestock
Crop production Broadcast towers for radio, television or microwave
Country club Cemeteries, mausoleums or crematories for the disposal of human dead
Pasturage Drive-in theaters
Customary accessory uses Flea markets
Nurseries and truck garden, limited to the propagation, cultivation and sale of plants, provided no obnoxious fertilizer is stored upon the premises and no obnoxious soil or fertilizer conducted thereon. Golf course and clubhouse, except miniature golf courses, courses, driving ranges and other similar activities operated as a business, provided no clubhouse, swimming pool or parking area is closer than 100 feet from a property line
Greenhouses Livestock production
Mobile homes and mobile home parks or trailer courts Mines or quarries with permit not to exceed five years
Private stable or livestock Mobile home and mobile home parks or trailer courts
Nursery sales office Oil well drilling
Picnic groves and fishing lakes, including minor and incidental concession facilities for patrons only Reservoirs, wells, towers, filter beds or water supply plants
Amusement parks, commercial baseball athletic fields, race tracks, circuses, carnivals or fairgrounds Rodeo grounds and pens
Any additions or interpretation shall be the responsibility of the commission, with approval from the Council Sanitary landfills
Sewage, refuse or garbage disposal plants
Skeet shoot or target ranges
Any additions or interpretation shall be the responsibility of the commission, with approval from the council

 

SINGLE- AND TWO-FAMILY DWELLING DISTRICT (R-1)

Permitted Uses Conditional Uses
Permitted uses include, but are not limited to, the following: Conditional uses include, but are not limited to, the following:
Dwellings, single- and two-family Hobby shop - See section 48-84
Railroad rights-of-way, but not including yards Daycare center
See acessory uses in section 48-84. Churches, publicly owned community buildings, public museums and public libraries
Public parks and playgrounds
Public administration buildings, police and fire stations
Public schools, private schools, institutions of higher learning, including customary accessory uses
Telephone exchange
Temporary signs and structures, including real estate sales office located on property being sold and limited to period of sale, but not exceeding one year without permit extension.
Used structures moved from another location
Wells, water towers or water supply plants
Temporary school livestock and/or agricultural Projects
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council.
All modular homes must be approved with a specific use permit if placed in an R-1 or R-2 district.

 

MULTIFAMILY DWELLING DISTRICT (R-2)

Permitted Uses Conditional Uses
Permitted uses include, but are not limited to, the following: Conditional uses include, but are not limited to, the following:
Permitted uses in R-1 Conditional uses in R-1
Apartment houses or multiple dwellings of less than ten units. Apartment houses or multiple dwellings of ten units or more.
See accessory uses in section 48-84 Boardinghouses and lodginghouses
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council. Fraternity or sorority houses and dormitories
Townhouses or rowhouses
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council.
All modular homes must be approved with a specific use permit if placed in a R-1 or R-2 district.

 

MANUFACTURED HOUSING DISTRICT (R-3)

Permitted Uses Conditional Uses
Permitted uses include, but are not limited to, the following: Conditional uses include, but are not limited to, the following:
Single, two family and multifamily manufactured housing Drive-in grocery store
Modular Homes Mini-storage
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council. Laundromat
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council

 

COMMERCIAL, OFFICE & PROFESSIONAL, DISTRICT (C-1)

Permitted Uses Conditional Uses
Permitted uses include, but are not limited to, the following: Conditional uses include, but are not limited to, the following:
Permitted uses in R-1 and R-2 Hospitals, sanitariums, nursing homes or homes for convalescents and the aged, other than for the insane, feeble-minded, alcoholics or drug addicts
Conditional uses in R-1 and R-2 Philanthropic or eleemosynary institutions, other than penal institutions
Offices to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies Private clubs or fraternal orders
Offices for accountants, architects, brokers, engineers, dentists, lawyers, optometrists, physicians, osteopaths, chiropractors, real estate and insurance Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council
Mortuaries
Medical laboratories
Customary accessory uses
See Table B for supplementary district regulations
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council

 

NEIGHBORHOOD BUSINESS DISTRICT (C-2)

Permitted Uses Conditional Uses
Permitted uses include, but are not limited to, the following: Conditional uses include, but are not limited to, the following:
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council Barbershop
Beauty shop
Candy store
Delicatessen
Flower shop
Gift shop
Ice cream parlor
Pastry shop
Restaurant
Drive-in grocery store
Dairy product storage/distribution facility
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council

 

GENERAL BUSINESS DISTRICT C-3

Permitted Uses Conditional Uses
Permitted uses include, but are not limited to, the following: Conditional uses include, but are not limited to, the following:
Permitted uses in R-1, R-2 and C-1 Filling or gasoline station with above-ground storage
Conditional uses in R-1, R-2 and C-1 Vehicular storage rooms or yards with dismantled or auto parts displayed or stored outside the building
Art gallery Dance halls, night clubs, taverns and other similar activities with on-premises consumption of alcoholic beverages (see alcoholic beverage chapter)
Art shop Veterinary hospitals or clinics
Book store Radio or television broadcasting studios
Camera shop Miniature golf courses
Cigar store Golf driving ranges
Drug store Hospitals for the insane, feeble-minded or, alcoholic or drug addicts or, penal and correctional institutions
Dress or millinery store Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council
Dry goods store
Jewelry store
Music store
Newsstand
Notions or novelty store
Photographic studio
Shoe store or shop
Stationery store
Tailor shop
Toy shop
Antique shop
Department store
Dry cleaning pickup, laundry pickup station and self-service laundry and cleaning
Package liquor and beer sales (see alcoholic beverage chapter)
Post office
Fix-it shop
Filling or gasoline station, provided all storage underground
Commercial swimming pool
Bakery
Banks and savings & loans
Catering service
Clothing store
Drive-in eating establishments
Dancing school
Dress making or millinery shop
Electrical appliance sales
Glass shop
Hardware store
Hat shop
Household furnishings or furniture store
Interior decorator
Juice bar or shop
Leather goods or luggage shop
Pottery and ceramics shop
Printing and publishing establishments
Reducing salon
Sporting goods store
Travel agency
Seed stores
Vehicular storage rooms or yards with no dismantled or auto parts displayed or stored outside building
Vehicular repair garages
Rental stores
Farm or irrigation equipment sales
Automobile parking lots
Automobile sales rooms and used car lots
Bus and railroad stations
Dry cleaning or laundry establishment
Storage garage for vehicles
Indoor theaters
Cafeterias
Frozen food lockers
Upholstery shop
Motels
Ornamental iron sales
Plumbing, heating and air conditioning shops, with no storage in front or side yards
Wholesaling establishments
Sign painting plants
Apartment hotels
Skating rinks
Gymnasiums and similar
Automobile rentals
Mobile home or trailer court or park
Lumber yards
Carpenter or similar shops
Bus barns or lots
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council

 

LIGHT INDUSTRIAL DISTRICT (M-1)*

Permitted Uses Conditional Uses
Permitted uses include, but are not limited to, the following: Conditional uses include, but are not limited to, the following:
Permitted uses in C-3, except dwellings Carpet cleaning establishments
Conditional uses in C-3 Chemical laboratories (not processing or manufacturing)
Bottling works Cleaning, pressing and dyeing plants
Cold storage plants Dog pounds (enclosed)
Creameries Freight terminals
Lumber yards (processing) Machine shops
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council Moving, transfer or storage plants
Railroad freight yards
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council

 

*Performance Standards in Table A Supplement are applicable to all M Districts.

HEAVY INDUSTRIAL, INCLUDING AGRICULTURAL INDUSTRY, DISTRICT (M-2)*

Permitted Uses Conditional Uses
Permitted uses include, but are not limited to, the following: Conditional uses include, but are not limited to, the following:
Permitted uses in M-1 Grain elevators
Conditional uses in M-1 Petroleum products refinery
Ice plants Bulk storage of liquid propane gas meeting all local and state requirements
Manufacturing of items not having or potentially not having environmentally detrimental by-products Fabrication or assembling of irrigation pipe and equipment
Milk depots Galvanizing works
Milk bottling or distribution plants Chemical laboratories
Plumbing or sheet metal shops Manufacturing of items having or potentially having environmentally detrimental by-products
Vegetable processing plants Stone products or related activities
Wood products plants Produce markets (wholesale)
Canning or preserving plants Oil well supplies and related equipment
Flour, feed or grain mills or processing plants, provided no grain elevators are utilized Storage, in bulk or warehouse, for fuel or other petroleum products and similar raw materials
Planing mills Ammonia, bleaching powder chemical plants
Railroad freight yards and truckage, other than main lines Asphalt or concrete mixing plants
Storage, in bulk or warehouse, for building materials or similar law materials Breweries and distilleries
Blooming or rolling mills Cotton ginning or bailing works
Railroad yards and related activities Enameling works
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council Electric power plants
Electric plating plants
Foundries
Animal skin processing
Metal shaping or fabricating works
Salvage or junk yards
Structural iron or pipe yards
Sugar refineries
Acid manufacturing (with report)
Distillation of bones
Fat rendering
Cement, lime gypsum or plaster of paris manufacturing
Explosives manufacturing or storage, with report from Chief of Fire Dept.
Fertilizer manufacturing
Glue manufacturing
Smelting of tin, copper, zinc or iron ore
Stockyards or slaughter of animals
Wholesale storage of gasoline, with report from Chief of Fire Dept.
Any additions or interpretation shall be the responsibility of the Commission, with approval from the Council

 

Performance standards in Table A Supplement are applicable to all "M" Districts.

(b)

Table A supplement; performance standards. The following performance standards apply to permitted and conditional uses in zoning districts M-1 and M-2:

(1)

Smoke. The requirements of the State Air Control Board.

(2)

Particulate matter. The requirements of the State Air Control Board.

(3)

Odor. No activity or operation shall permit odors to be released which are detectable at an "R" district boundary line and which offensively affect the sense of smell.

(4)

Toxic material. The emission of toxic and noxious materials shall not produce concentrations exceeding all applicable federal standards.

(5)

Glare. All artificial light sources shall be shielded so as to prevent direct rays of light from crossing a zone boundary line.

(6)

Vibration. Any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earthborne vibrations in excess of the limits set forth in Column I of the following table are prohibited. In addition, any industrial operation or activity which shall cause at any time and at any point along a zone boundary line, earthborne vibrations in excess of the limits set forth in Column II of the following table are prohibited. Vibrations shall be expressed as resultant displacement in inches. Also, any and all applicable federal standards more stringent than those stated below shall take precedence.

Frequency
(Cycles Per Second)
Displacement Inches Displacement Inches
Below 10 0.0008 0.0004
10—20 0.0005 0.0002
20—30 0.0002 0.0001
30—40 0.0002 0.0001
40 & over 0.0001 0.0001

 

The aforementioned table is for steady state vibration; this is defined as continuous vibration in contrast to discrete pulses. Impact vibration (that is, discrete pulses which do not exceed 100 pulses per minute) shall not produce in excess of twice (two times) the displacement stipulated above.

(7)

Noise. At no point on the boundary of the zone or at 125 feet from the property line of the plant or operation, whichever distance is greater, shall the sound pressure level of any operation of plant (other than background noises produced by sources not under control of these covenants, such as the operation of motor vehicles or other transportation facilities) exceed the decibel limit in the octave bands designated below. Also, any and all applicable federal standards more stringent than those stated below shall take precedence.

Octave Band Frequency
(Cycles Per Second)
Maximum Permitted Sound Level in Decibels Along "R" District Lines or 125 Feet from Lot LineMaximum Permitted Sound Level in Decibels Along "C" District Lines or 125 Feet from Lot Line
0—75 67 73
75—150 62 68
150—300 58 64
300—600 54 60
600—1,200 49 55
1,200—2,400 45 51
2,400—4,800 41 47
4,800 & over 37 43

 

Sound levels shall be measured with a sound-level meter and associated octave band filter, manufactured and calibrated according to standards prescribed by federal regulations. Measurements shall be made using the flat or C network of the sound level meter and the fast meter movement of the octave band analyzer. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured, shall be those noises which cause rapid fluctuations of the needle of the sound-level meter with a variation of no more than plus or minus two decibels. Noises incapable of being measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

(8)

Fire hazards. The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following conditions are met:

a.

Said materials or products be stored, utilized or manufactured within complete enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system;

b.

The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors, shall be permitted in accordance with federal or state laws (exclusive of storage of finished products in original sealed containers) and with the City's fire prevention code; and

(9)

Water pollution. No operation or activity shall discharge, or cause to be discharged, liquid or solid waste into public waters unless in conformance with the provisions of the State Water Quality Board, the State Railroad Commission and the State Department. of Health statutes and any regulations promulgated thereunder. Plans and specification for proposed sewage and industrial waste treatment and disposal facilities shall be submitted to and approval obtained from the State Department. of Health and the State.

(Ord. of 4-4-1983, § 11(Table A))

Sec. 48-83. - Table B.

(a)

Table B, district requirements.

Table B—District Requirements

District Minimum Lot Area
(Gross)
Area Per Dwelling Unit or Structure Lot Width a Lot Depth Front Yard Side Yard
(minimum)
Exterior Side Yard
(minimum)
Rear Yard Minimum Dwelling Unit Size
(SF/Fam.)
Maximum Lot Coverage Maximum Height
A-O 5 acres 5 acres 200' 200' 40' 25' 30' 30' —- N/A No limit
R-1 9,200 SF 9,200 SF 80' 115' 25' 15' or 10% of lot width b 15' c 30' 650 SF 40% 35' or 2 stories
R-2 9,200 SF 1,500 SF 80' 115' 15' 15' e 15' 15' d 50% No limit f
R-3 6,000 SF 4,500 SF 40' 90' 10' 7' e 10' 10' d 75% No limit f
C-1 7,000 SF 3,500 SF 60' 125' 30' Same as R-1 e 15' c 30' —- 40% Same as R-1
C-2 7,000 SF 1,500 SF 60' 125' 20' None g 5'+ e 20' —- 75% 20' or 2 stories
C-3 3,500 SF 1,500 SF 60' 100' —- None g None e 20'+ h —- 75% 60' or 5 stories
M-1 7,000 SF —- —- —- —- —- 15' —- —- —- No limit
M-2 7,000 SF —- —- —- —- —- 40' —- —- —- No limit

 

a Measured at front setback line.

b Whichever is greater but not less than 15 feet.

c Corner lots in separate ownership at the time of the ordinance from which this chapter is derived shall not have its buildable width reduced to less than 35 feet.

d 650 square feet for single-family dwellings.

e Opaque fence, wall or screen of not less than six feet in height when adjacent to any other "R" district.

f When a multifamily structure abuts R-1 district or single-family dwelling unit, the maximum height shall be 2.5 stories or 35 feet, whichever is less.

g Minimum 20 feet only when abutting any "R" or "M" district.

h One foot for every two feet over 30 feet in height.

i Minimum lot areas apply to lots have access to and buildings connected to an organized public sewer system only.

(b)

Table B supplement; height and area exceptions. The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, front yards, side yards, rear yards and other regulations and requirements in the foregoing sections of this article, shall be subject to the following exceptions and additional regulations:

(1)

Height.

a.

In districts where permitted, public or semi-public buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, may be erected to a height not exceeding 75 feet, provided that such buildings shall have yards which shall be increased one foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

b.

Dwellings in R-1, R-2 or R-3 districts may be increased in height not exceeding ten feet in addition to the limitations of 2½ stories, or 35 feet, as prescribed in such districts, provided that two side yards of not less than 20 feet in width, each, are provided. In no case shall such dwelling, however, exceed three stories in height.

c.

Parapet walls and false mansards shall not extend more than six feet above the height limit. Flagpoles, chimneys, cooling towers, elevator bulkheads, pent houses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter enacted laws affecting the same.

(2)

Area per family. On lots where a public or community sewer is not available, the minimum lot area (gross) shall not be less than prescribed by the State Department of Health to accommodate a specific size of septic tank and drainage field.

(3)

Yard exceptions.

a.

In R-1, R-2 and R-3 districts, where lots comprising 40 percent or more of the frontage, on the same side of a street between two intersecting streets (excluding reverse corner lots), are developed with buildings having front yards with a variation of not more than ten feet in depth, the overage of such front yards shall establish the minimum front yard depth for the remainder of the frontage; provided that the Board of Adjustment may permit a variance in case of hardship, or where the configuration of the ground is such as to make conformity with the front yard requirements impractical.

b.

Where an official line has been established for future widening or opening of a street or highway upon which a lot abutts, then the depth or width of a yard shall be measured from such official line to the nearest line of the building.

c.

In any district, a detached accessory building not exceeding 24 feet or two stories in height, or in any case not higher than the main building, may occupy not more than 30 percent of a rear yard.

d.

No rear yard shall be required in C-1, C-3, M-1 and M-2 districts inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.

e.

In computing the depth of a rear yard for any commercial or industrial use in a C-1, C-3, M-1 or M-2 district where such yard abuts an alley, one-half of such alley may be assumed to be a portion of the rear yard.

(4)

Supplementary district regulations.

a.

Visibility at intersections in "R" districts. On a corner lot in any R district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vehicle driver's vision at intersections.

b.

Fences, walls and hedges.

1.

A wire fence, woven or hog wire, may extend to the property line, provided such wire fence does not exceed the height of four feet on any property line fronting or located on a street. Hedges, shrubbery and solid fences or walls shall not exceed three feet in height on any front property line, unless such obstruction is at least 15 feet back from such front property line and shall not exceed three feet in height along any side property line within 15 feet of a street corner.

2.

Fences constructed of barbed wire and walls topped with broken glass or surfaces with any like material shall be prohibited in R-1, R-2 and R-3 zoned areas. However, a security fence not less eight feet in height may be composed of or topped with barbed wire that is located on property zoned for nonresidential purposes. Fences built prior to the adoption of the ordinance from which this chapter is derived will be allowed to remain.

c.

Structures to have access. Every building hereafter erected, placed or moved shall be on a lot with direct access on a public street, or with access to a municipally approved private street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required on-site parking.

d.

Front yard required. A yard facing and abutting a street and extending across the front of the lot between the side lot lines and having a minimum horizontal depth measured from the front property line equal to the depth of the minimum front yard specified from the district in which the lot is located. The required yard line represents the line in front of which no building or structure may be erected, except that porches and steps on three sides located along not more than one-half the building may project a maximum of six feet into the required front yard. Balconies, decks and marquees located more than eight feet from the ground may project up to six feet into the required front yard.

e.

Rear yard required. A yard extending across the rear of the lot between the side lot lines and having a minimum depth measured from the rear lot line as specified for the district in which the lot is located. There shall be no intrusion into the rear yard by stairways, balconies or other building extensions to more than four feet.

f.

Side yard required. A yard located on a lot extending from the required rear yard and having a minimum width measured from the side lot line as specified for the district in which the lot is located.

g.

Court width. No court shall have a width of less than ten feet, nor a width of less than 2½ inches for each foot of height of the court.

h.

Projections into required yard or a court. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into a court more than six inches, nor into a required yard more than 30 inches; and provided further that canopies or open porches having a roof area not exceeding 60 square feet may project a maximum of six feet into the required front or rear yard; and existing open porches extending into the required yard shall not be enclosed. An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four feet from the building. Fire escapes, solid-floored balconies and enclosed outside stairways may project not more than four feet into a rear yard.

i.

Through lot. A through lot having one end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.

j.

Driveway or walk. A driveway or walk, as distinct from a dedicated street, to provide access to premises in a C-1, C-3, M-1 or M-2 district inclusive shall not be permitted in an R-1, R-2, R-3 or C-2 district inclusive.

k.

Merchandise display; storage. In the C-1 district, no merchandise shall be handled or displayed, except at mortuaries, and no equipment, material or vehicle other than motor passenger cars shall be stored outside a building.

l.

Parking and storage of certain vehicles. For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any street in an R-1, R-2, or R-3 district, except for a period not to exceed 24 hours during loading and unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

m.

Screening of salvage yards and junkyards. Salvage or junk yards shall be completely enclosed and effectively screened by a solid fence or wall at least eight feet high. Where applicable, such establishments shall be in conformance with standards and requirements of State and federal laws and regulations.

(Ord. of 4-4-1983, § 11(Table B); Ord. of 3-9-1988, § 1; Ord. of 9-10-1997, § 1; Ord. of 10-8-1997(2), § 1)

Sec. 48-84. - Accessory uses.

Accessory uses in the R-1 district shall be accessory uses, customarily incident to the uses in sections 48-81 through 48-83 and located on the same lot therewith, not involving the conduct of a business or industry. (No equipment, material or vehicle other than motor passenger cars shall be stored in any residential districts.)

(1)

Automobile parking areas which are necessary to the uses permitted in the R-1 district.

(2)

The term "accessory use" shall include customary home occupations, such as dressmaker, musician or artist, but does not include physicians, day nurseries, barbers or beauticians, under the following restrictions:

a.

That such uses are located in the dwelling used by a person as his private residence.

b.

That no assistant other than a family member is employed, and no window display or sign, either illuminated or more than one square foot in area, is used to advertise same.

c.

That no power other than electric and of not more than one-half horsepower is used in any one machine, and not more than one horsepower total is used in such home occupation.

(3)

For any dwelling house there shall be permitted one private garage or covered carport, with space for not more than one vehicle for each 2,000 square feet of lot area, provided that such garage shall be located not less than 25 feet from the front lot line, nor less than five feet from any alley line, except that when the rear lot line is common to a side lot line, then such garage shall be located not less than 15 feet from said common rear and side lot line, and in the case of corner lots, not less than the distance required for residences from side streets. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building, except that on a corner lot, a private garage, when attached to the main building and not exceeding the height of the main building, may extend into the required rear yard to a point not less than 15 feet from the rear lot line, and shall not occupy more than 30 percent of the required rear yard. No part of a detached accessory building shall be closer than ten feet to the main building.

(4)

No private stable, swine, cattle, horses, goats or other livestock, fowl or animal of any kind shall be permitted to be kept inside the City limits, with the exception of temporary school livestock, fowl or agricultural projects, and then only with the approval of the Zoning Administrator.

(5)

A hobby shop may be operated as an accessory use by the occupancy of the premises purely for personal enjoyment, amusement or recreation; provided, however, that such use shall not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke, fumes or electrical interferences. Furthermore, there shall be absolutely no retail or wholesale sales activity on the premises.

(Ord. of 4-4-1983, § 12)