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Rockdale City Zoning Code

Division 2

Zoning Districts and Regulations

§ 14.02.051 General requirements and limitations.

(a) 
Conformity to zoning district required.
No building shall be erected and no existing buildings shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use for any purpose or in any manner other than provided for hereinafter in the district in which the building, land or premises is located; provided, however, that necessary structural repairs may be made where health and safety are endangered. Furthermore, no open space surrounding any building shall be encroached upon by a structure or reduced in any manner, unless the same shall conform to the regulations hereinafter designated for the district in which such building or open space is located.
(b) 
Signs and billboards.
No sign or billboard shall be erected, moved, altered, added to, enlarged, painted, or modified unless it shall conform to the provisions of this article and all applicable city ordinances governing the placement, location, permitting, construction and maintenance of signs. Except as otherwise expressly authorized by ordinance, all off-premises signs and billboards are expressly prohibited.
(c) 
Structures and buildings.
No building, structure or accessory structure shall be erected, converted or enlarged, nor shall any such existing building or structure be structurally altered or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall be done and completed in a manner to comply with all applicable city codes and ordinances, and such work and structure shall:
(1) 
Conform to the setback, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located.
(2) 
Not exceed the height limit herein established for the district in which such building is located, except as specifically authorized as follows:
(A) 
The height limits prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, necessary public or private utilities, conveyors, flagpoles, and necessary mechanical appurtenances. The height limits and other applicable regulations for television, radio and communications towers and antennas may be established by separate ordinance.
(B) 
Public or semi-public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding thirty-five (35) feet.
(d) 
Accessory structures and uses.
Accessory structures designed, constructed and located for a use permitted in the district, in compliance with this article and all other applicable city ordinances, are permitted in each zoning district.
(e) 
Conformity to construction plan requirements.
No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered unless construction plans meeting the requirements of this article have been approved by the city engineer and/or city building official.
(f) 
Conformity to parking and loading space requirements.
No structure or building shall be erected, converted, enlarged, reconstructed, or structurally altered unless it shall conform to the off-street parking and loading requirements of this article.
(g) 
Conformity to landscaping and screening requirements.
No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered unless it shall conform to the landscaping and screening requirements of the this article.
(h) 
Conformity to building setback requirements.
No yard or other open space provided around any structure or building for the purpose of complying with provisions of this section shall be considered as providing a yard or open space for a building on any other lot.
(i) 
Outdoor lighting.
All outdoor lighting shall be installed and maintained in compliance with all applicable city ordinances. Such lighting shall be located and maintained in a manner as to not be directed onto any public street or adjacent property; provided that such lighting may be directed directly down upon a public street as provided for streetlights.
(1) 
Multifamily and business.
Outdoor lighting for multifamily, general retail, commercial and office will be in accordance with the provisions of this article and the city building codes. A lighting plan shall be included with the site plan submitted for a building permit.
(2) 
Residential.
Outdoor lighting on residential property will be installed in accordance with applicable city ordinances. It will be located so as not to be directed directly upon adjoining property or create a nuisance for adjoining property owners. Lighting used for security purposes, which will be operated during night hours will be located as close as is practicable to main dwellings.
(j) 
Height and placement requirements.
Except as otherwise specifically provided in this article, no building shall be erected or maintained within the required building setbacks set forth herein, or which exceeds the eave height limits specified in the following chart 1.
CHART 1
Zoning District
Min. Lot SF Area
Min. Lot Width
Front Setback
Side Setback
Street Side Setback
Rear Setback
Eave Height Limit
Impervious Cover
R-1
8,400
70 ft.
25 ft.
9 ft.
15 ft.
15 ft.
35 ft.
50%
R-1C
8,400
70 ft.
25 ft.
9 ft.
15 ft.
15 ft.
35 ft.
50%
R-1E
1 acre
200 ft.
25 ft.
9 ft.
15 ft.
15 ft.
35 ft.
50%
R-2
4,200 per dwelling
35 ft. per dwelling unit
25 ft.
9 ft.
15 ft.
15 ft.
35 ft.
50%
R-3
2,000 per dwelling
80 ft.
25 ft.
9 ft.
15 ft.
15 ft.
35 ft.
50%
M-1
7,500
70 ft.
25 ft.
9 ft.
15 ft.
15 ft.
35 ft.
50%
M-2
4,200 per dwelling unit and 100' open space
35 ft.per dwelling unit
25 ft.
9 ft.
15 ft.
15 ft.
35 ft.
50%
C-1
6,000
60
25 ft.
9 ft.
15 ft.
15 ft.
35 ft.
70%
C-2
10,000
60 ft. single tenant 100 ft. multi-tenant
25 ft.
9 ft. against commercial 25 ft. against residential
25 ft.
25 ft.
 
70%
GOV
 
 
25 ft.
9 ft.
15 ft.
15 ft.
35 ft.
50%
CA
3,125
25 ft.
0 ft.
0 ft.
0 ft.
0 ft.
35 ft.
100%
I
10,000
200
25 ft. against industrial 50 ft. against residential
25 ft. against industrial 50 ft. against residential
25 ft. against industrial 50 ft. against residential
25 ft. against industrial 50 ft. against residential
35 ft.
80%
A
2 acres
500
25 ft.
25 ft.
25 ft.
25 ft.
35 ft.
40%
PUD
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
(1) 
The conditions and limitations, setbacks and lot requirements set forth in chart 1 applicable to the district governing the proposed base use of the property shall apply within this district, i.e. if the proposed use of property within the district is a use provided for in the C-1 district the conditions and limitations applicable to the C-1 district shall apply to the property.
(k) 
Parking.
Automotive vehicles or trailers not bearing current license plates and state motor vehicle inspection stickers, excluding racing cars, antique cars, and cars belonging to members of armed forces who are on active duty, shall be parked or stored on any residential area only in completely enclosed buildings.
(1) 
Parking regulations.
Where any structure is erected, reconstructed or converted for any of the business or commercial uses permitted in this article, designated on-street and off-street parking spaces shall be provided in a number not less than as provided in chart 2 set forth hereinafter.
(2) 
Handicap parking.
Nonresidential handicap parking requirements are a minimum of one space for under twenty-five parking spaces, then one additional space for every twenty-five parking spaces up to one hundred spaces, and then one space per fifty spaces up to two hundred, and then one space for every one hundred spaces up to five hundred. Over five hundred it is one percent of total parking spaces. Dimensional requirements are twelve-foot (12') width and eighteen-foot (18') depth per handicap space. The location and design of handicapped parking spaces shall be as required by ordinance.
(3) 
Maximum parking.
The maximum number of parking spaces for a commercial or industrial use area shall not exceed 150% of the parking required pursuant to chart 2.
(4) 
Reduction of parking.
The total number of required motor vehicle parking spaces for a nonresidential use may be reduced by 5% for each of the activities listed below provided by the owners or operators, up to a maximum 10% reduction in the total number of motor vehicle spaces:
(A) 
Participate in an area-wide carpool/vanpool ride matching program for employees; designating at least 10% of the employee motor vehicle parking spaces as carpool/vanpool parking and placing such spaces closer to the building than other employee parking;
(B) 
Providing showers and lockers for employees who commute by bicycle;
(C) 
Providing covered, secured bicycle parking racks or facilities.
(5) 
Development and maintenance standards for parking areas.
Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:
(A) 
Off-street parking areas for more than five vehicles shall be effectively screened by a sight-obscuring fence, hedge or planting, on each side which adjoins a residential zoned property.
(B) 
Except for parking to serve residential uses, parking and loading areas adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents.
(C) 
Access aisles shall be of sufficient width for vehicular turning and maneuvering.
(6) 
Council determination.
Off-street and on-street parking for all uses not within the categories above shall be adequate to meet the anticipated needs and shall be determined by the city council using standards outlined for special exception and with a view towards providing adequate parking and carrying out the general scheme of the parking requirements herein set out.
(7) 
Special exception.
The city council may grant a special exception to allow two or more users to share parking spaces upon a showing that the particular user in question will require parking at different times. Any spaces the council allows to be shared count toward the number of spaces each user must provide.
CHART 2
Use
Number of Parking Spaces
Residential dwellings, single- to multi-family, and manufactured homes
Two spaces minimum for each living unit, and one-half (1/2) space for each additional bedroom above four.
Warehouses, manufacturing plants and other similar commercial establishments not catering to the general public
One space per 1,000 square feet of gross floor space.
Hotels, motels and similar transient accommodations
One space per bedroom and one space for each two employees
Rest homes, hospitals, nursing homes, convalescent homes, sanitariums, and similar uses
One space for each two employees, and one space for each four patient beds
Bars, cafes, restaurants, taverns, nightclubs, and similar uses
One space for every four seats provided for customer services
Banks, offices, financial lending institutions, gasoline stations, personal service shops, retail establishments, shopping centers and similar uses catering to the general public
One space for each 250 square feet of gross floor space
(l) 
Uses non-cumulative.
Uses within each district are restricted solely to those uses expressly permitted in each district, and are not cumulative unless so stated.
(m) 
Exceptions.
Nothing in this section shall prohibit the approval of a comprehensive zero lot line residential development or other innovative housing development in compliance with the other terms and provisions of this article.
(n) 
Mandated exceptions.
To the extent required by state or federal law, a personal care facility is an additional permitted use in any zoning district; provided that:
(1) 
Homes and residential units not designated and constructed in compliance with the ordinance and code requirements applicable to multiple-occupancy residential buildings and nursing homes, shall meet the following requirements:
(A) 
The structure shall comply with provisions of the fire code, electrical code and building code that are applicable to nursing homes;
(B) 
There shall be two (2) parking spaces, plus one additional space for each three residents;
(C) 
There shall be not less than fifty square feet of living space within a sleeping room for each occupant assigned to such room;
(D) 
There shall be not less than 175 square feet of living area in the structure for each occupant/resident of the structure, and attendant on duty; and
(E) 
The structure and operations shall comply with the standards established by the Texas Department of Human Services as licensing standards for personal care facilities for a type B facility;
(2) 
The home must meet all applicable state licensing requirements;
(3) 
A personal care facility must have at least one paid staff member on duty 24 hours per day, and one supervisor for each six (6) residents during waking hours;
(4) 
A personal care facility may not have more than fifteen (15) residents.
(o) 
Recreational vehicles.
(1) 
It shall be unlawful for the driver, owner, or operator of a recreational vehicle to park or place a recreational vehicle within the city for a period longer than seventy-two (72) hours per six-month period.
(2) 
The provisions of this article shall not, however, apply to:
(A) 
Locations where recreational vehicles are manufactured and/or sold or stored by a commercial enterprise in a C-2 Commercial-Intense or I Industrial zone;
(B) 
Temporary offices or display units as approved by the city manager after written request;
(C) 
Recreational vehicles stored on lots in residential zones of the city provided:
(i) 
The owner of the recreational vehicle shall reside in the residence on the same lot or adjoining lot and the recreational vehicle does not encroach in any way into a public right-of-way, alley, or easement; or
(ii) 
A recreational vehicle owned by visitors or house guests of the subject property is not parked for more than seven (7) days.
(D) 
A recreational vehicle located on a space in a recreational vehicle park;
(E) 
A recreational vehicle which is customary with travelling circuses or carnivals; or
(F) 
Locations where the city manager has granted a request to temporarily place recreational vehicle(s) based on a showing of sufficient necessity. The request shall be in written form signed by the property owner requesting a specified period of time for the recreational vehicle to be present; it shall also address how utilities will be supplied to the recreational vehicle, if applicable. With the request, there shall also be provided a site plan showing the proposed location of the recreational vehicle(s) and any other structures on the property.
(3) 
It shall be unlawful for the driver, owner, or operator of a recreational vehicle to park or permit to be parked, stand, or remain motionless on any street, public right-of-way, or parkway unless the vehicle is:
(A) 
Being actively loaded or unloaded; or
(B) 
For more than twelve (12) hours.
(4) 
It shall be unlawful for any person to live in a recreational vehicle at any time in other than a recreational vehicle park.
(5) 
[Reserved.]
(6) 
Recreational vehicles repurposed for commercial use may be located only in an area zoned C1 Commercial-Light, C2 Commercial-Intense or I Industrial.
(p) 
Bed and breakfast facilities and short-term rental facilities.
(1) 
Purpose.
The purpose of the regulations set forth in this article is to provide a procedure to allow the rental of private residences to visitors on a short-term basis, while ensuring that such rental use does not create adverse impacts to residential neighborhoods due to excessive traffic, noise, and density. Additionally, this section is intended to ensure that the number of occupants within such rental units does not exceed the design capacity of the structure to cause health and safety concerns, and that minimum health and safety standards are maintained in such units to protect visitors from unsafe or unsanitary conditions.
(2) 
Bed and breakfast facility or short-term rental facility license required.
It shall be unlawful to operate a bed and breakfast facility or a short-term rental facility:
(A) 
Without a bed and breakfast facility or short-term rental facility license;
(B) 
In violation of any provision of a bed and breakfast facility or short-term rental facility license, this article, or any other applicable city ordinance or other law; or
(C) 
Without having an unexpired special permit, if required by this code.
(3) 
License application and review.
(A) 
To obtain a license for a bed and breakfast facility or a short-term rental facility, a person must submit an application on a form provided for that purpose to the development services department. The application must contain the following:
(i) 
The name, street address, mailing address, email address, and telephone number of the applicant, the owner, and the designated operator of the bed and breakfast facility or short-term rental facility. The applicant must assign a “designated operator” who resides in Milam County, Texas and shall be present in Milam County and available at all times the rental is in use.
(ii) 
If the applicant or owner is a partnership, a corporation, or limited liability company, the application shall list the names of all partners, directors, members, and officers, as applicable, of the applicant and the owner.
(iii) 
A scaled site plan that meets all site development requirements of this code. Such site plan shall include property lines, proposed and existing structures, proposed signage, proposed and existing site improvements such as parking, fences, landscaping, etc.
(iv) 
A non-refundable license fee for the amount established.
(v) 
Proof that the applicant has no delinquent hotel occupancy taxes due on the property.
(vi) 
Proof that a life safety inspection of the applicant’s property has been approved by the development services department (required for the initial application). The life safety inspection will not be required for structures that have attained a certificate of occupancy through construction or renovation of a structure within the last year.
(B) 
When a special permit for a bed and breakfast facility or short-term rental facility is required, the special permit must be issued prior to the issuance of a bed and breakfast facility license or short-term rental facility license.
(4) 
Length of license; renewal.
(A) 
A bed and breakfast facility license or short-term rental facility license shall be effective for one year.
(5) 
Fees.
(A) 
A $150.00 license fee will be charged at time of issuing the license and at the time of renewal.
(6) 
Operation of a bed and breakfast facility or short-term rental facility.
(A) 
The licensee shall comply with the noise requirements set forth in article 8.03 of this code.
(B) 
The licensee will comply with all building, electrical, and other codes and ordinances of the city.
(C) 
The licensee shall obtain a life safety inspection for compliance with applicable city codes. This inspection includes, but is not limited to, smoke detectors, at least one operable egress window per bedroom, an evacuation plan posted conspicuously in each sleeping area, repair of any exposed wiring, water heater inspection, required safety measures for pools (if applicable), and exterior stairwells (if applicable). The life safety inspection of the licensee’s property must be approved by the development services department.
(D) 
Functions such as meetings, receptions, weddings and other social events provided for compensation or held by guests are not permitted as part of the bed and breakfast facility or short-term rental facility unless such facility is located in a commercial zoning district.
(E) 
The designated operator shall be present in Milam County and available at all times the property is being rented. Contact information will be furnished to owners of real property within 200 feet of the bed and breakfast facility or short-term rental facility by the development services department. Also, a sign must be posted conspicuously in the common area of each unit. This sign will be provided by the development services department to the licensee and will contain the following information:
(i) 
The name and contact information of the owner and/or designated operator;
(ii) 
The license number of the bed and breakfast facility or short-term rental facility; and
(iii) 
The occupancy limits and requirements set forth in the license.
(F) 
The license number and occupancy limit shall be included in all marketing materials, advertisements, and online listings for the bed and breakfast facility or short-term rental facility.
(7) 
Additional requirements and restrictions for bed and breakfast facilities or short-term rental facilities.
(A) 
Distance and density.
In R-1, R-1C, R-E, and R-2 zoning districts, a bed and breakfast homestay establishment or short-term rental type II may not be located within 500 feet of another licensed bed and breakfast homestay establishment or short-term rental type II.
(B) 
Short-term rental type III properties may operate up to five (5) units as short-term rentals.
(C) 
A minimum of one (1) off-street parking space is required per rented room. Required parking must be improved in accordance with section 14.02.051 of this code prior to issuance of a license.
(D) 
No on-street parking shall be allowed for bed and breakfast facility or short-term rental facility guests.
(E) 
Signs.
(i) 
In R-1, R-1C, R-E, and R-2 zoning districts, no sign shall be permitted on the premises except a non-illuminated name plate no larger than one square foot in area.
(ii) 
In all other residential zoning districts:
a. 
The size of the sign shall not exceed four square feet in area.
b. 
The maximum height shall be four feet.
c. 
The front yard setback shall be five feet from property line.
(iii) 
In the Central Area, signage shall comply with section 14.02.123.
(iv) 
The design for a sign must be submitted with the site plan during the application process.
(F) 
Lighting.
If the property is residentially zoned, all lighting must be directed toward the establishment and not at adjacent properties, and not exceed .2 footcandles.
(G) 
Occupancy.
(i) 
The maximum number of adults allowed to reside in any bed and breakfast facility or short-term rental facility is two (2) adults per bedroom plus two additional adults per rental unit.
(ii) 
In R-1, R-1C, R-E, and R-2 zoning districts, a bed and breakfast homestay establishment, a short-term rental type I or a short-term rental type II may not be occupied by more than four individual[s] unrelated by blood, marriage, or adoption at any given time.
(H) 
Food services.
(i) 
Food service establishments and events open to non-guests may be provided as part of the bed and breakfast facility or short-term rental facility only in the Central Area and must meet all Texas Health Department Standards.
(8) 
Revocation, suspension or denial of a license.
The building official or his designee may immediately revoke or suspend the license, or deny either the issuance or renewal thereof, if it is found that:
(A) 
The licensee, designated operator, or guest has violated or failed to meet any of the provisions of this article or conditions of the license;
(B) 
The licensee, designated operator, or guest has violated any federal, state, or city law, or regulation pertaining to the use of the property as a bed and breakfast facility or short-term rental facility;
(C) 
The chief of the police department or the chief of the fire department has determined that the bed and breakfast facility or short-term rental facility would pose a serious threat to public health, safety, or welfare; or
(D) 
The applicant has made a false statement of material fact on an application for a bed and breakfast facility license or short-term rental facility license.
(9) 
Notice to applicant/licensee; appeals.
(A) 
Upon denial, suspension or revocation, the building official or his designee shall notify the applicant or licensee in writing either in person or by certified mail to the address listed on the application of the action taken and the reasons therefor. A person may appeal a decision to deny, revoke, or suspend a license to the city council. Appeals shall be submitted to the city secretary in writing within fifteen (15) days following the date the applicant or licensee receives the decision. A hearing on the denial, suspension, or revocation will be scheduled for the next regular meeting of the city council that is more than ten (10) days away. The council will render a decision on the appeal within ten days of the hearing. A licensee shall not operate bed and breakfast facility or short-term rental facility during the appeal process.
(B) 
At the appeal hearing on a denial of an initial license application, the appealing party must present evidence clearly indicating that the building official was incorrect in determining that the stated grounds for the license denial existed.
(C) 
At the appeal hearing on a license suspension, revocation, or refusal to renew, the building official must present evidence clearly indicating that the stated grounds for such action existed.
(q) 
Mobile food vendors.
(1) 
Requirements applicable to all mobile food vendors.
(A) 
No person shall act as a mobile food vendor in the city without a permit issued by the city.
(B) 
Mobile food vendors must meet all applicable state and local laws and regulations, including but not limited to the rules.
(C) 
Each mobile food vendor shall display at all times in a conspicuous place where it can be read by the general public:
(i) 
The City of Rockdale permit under this article and permit number.
(ii) 
A health permit from the state health department.
(iii) 
A copy of a Texas sales tax and use certificate.
(D) 
Each mobile food vending unit shall be clearly marked with the food establishment’s name or a distinctive identifying symbol and shall display the name while in service within the city.
(E) 
The site must be located in zoning districts, C1, C2 or CA.
(F) 
Mobile food vendors must meet all applicable laws regarding mobile food vendors as described in the International Building Code (IBC) and International Fire Code (IFC), as adopted and amended by the city.
(G) 
When required, mobile food vending units must be equipped with commercial mechanical facilities sufficient to provide proper cooking ventilation and fire suppression for eating establishments, as established under the city’s adopted building codes. All equipment on the vehicle is to be NSF International (formerly National Sanitation Foundation) approved, American National Standards Institute (ANSI) approved, or of commercial grade.
(H) 
Electricity shall be from a generator or permanent connection in a mobile food court and the mobile food vendor shall utilize electrical cords in conformance with the National Electrical Code as adopted and amended by the city.
(I) 
Any mobile food vendors that prepare food outside of the unit must operate from an approved commissary in good standing as defined in and required by the Texas Food Establishment Rules. An existing food establishment may serve as a commissary if approved by the city. The commissary shall have, approved potable water hookups, approved wastewater drainage facilities, approved grease interceptor hookup(s) and size, and any other accommodations as determined necessary by the city to ensure compliance with all regulatory codes, including but not limited to the local health authority. The commissary shall comply with all Food Establishment Rules and hold all current licenses and permits as required by the rules. Valid copies of the commissary’s current licenses and permits used under the Food Establishment Rules and most recent health inspection report must be kept on file with the city. Mobile food vendors shall provide documentation of each visit to or service by the commissary and shall have that documentation immediately available for inspection by the city.
(J) 
For mobile food vendors that sell prepackaged food or prepare food within the unit must keep a manifest of all food supply with purchasing sources for inspection at any time.
(K) 
All employees of the permit holder must have a valid food handler’s training certificate.
(L) 
Any mobile food vendor that will be in one location for more than four (4) hours shall provide covered garbage and storage facilities for employee and customer use of sufficient size that refuse is fully contained in a manner that prevents litter and remains insect- and rodent-proof.
(M) 
The mobile food vending unit must meet the following plumbing standards:
(i) 
All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary or through an authorized service provider. Used fats, oils or grease shall not be discharged to any unauthorized food establishment grease interceptor.
(ii) 
Liquid waste shall not be discharged from the retention tank when the mobile food vending unit is open to the public or in the process of preparing food.
(iii) 
The waste connection shall be located below the water connection to preclude contamination of the potable water system.
(iv) 
Connections to a water or sewage system on site is only allowed when the connections have been properly permitted and inspected by the building official or designee.
(N) 
Mobile food vending units shall be separated from existing buildings and other mobile food vehicles by a minimum of ten (10) feet. Food vendors shall not setup in fire lanes or parking spaces that are required for the use of an existing business.
(O) 
The mobile food vending unit and any parking areas used by the mobile food vendor or its customers, should be located on a gravel surface, or an alternative all-weather surface as approved by the city manager or her designee. Where providing gravel or all-weather surface would be impractical or not provide a public benefit, alternative methods may be approved with a concept plan. Alternative methods may include but are not limited to portable spill berms, environmentally sensitive materials, and other methods to mitigate property damage and environmental hazards.
(P) 
Mobile food vendors must comply with chapter 8 - Offences and nuisances.
(Q) 
Mobile food vendors must comply with the city Code of Ordinances section 14.02.051(i) Outdoor lighting.
(R) 
Drive-through service from mobile food vendors is allowed subject to the following requirements:
(i) 
The mobile food vendor unit must have a separate window with a separate drive to accommodate drive-through guests. The lane that is for the drive-through must have a sign which states "drive-through only."
(ii) 
If the mobile food vendor only operates a drive-through, a sign that states "drive-through only" must be visible on the property.
(iii) 
The surface on which the car is to drive, order, and exit from the beginning of the transaction until the end of the transaction must be on an improved surface as defined by the all-weather surface definition found in section 14.02.004 definitions. A mobile food vendor may request an alternative improved surface that is subject to the discretion of the city manager.
(iv) 
The path on which the proposed drive-through is to be located may never cross the path for on-site customers.
(v) 
A protective measure such as bollards, fencing, concrete blocks, or other suitable means to differentiate the walk-through area, the drive-through area, and where the unit sits must be installed to prevent the vehicle from hitting the unit and prevent the vehicle from encroaching on the walk-through area.
(vi) 
A site plan must be submitted which details the type of material for the improved drive lane, the location of any windows for ordering purposes, the location of where the unit will sit, the improved surface on which the unit will sit, location of the "drive-through only" sign, and any other applicable information that staff finds necessary.
(vii) 
A proposed drive-through must accommodate for four-car lengths or meet a minimum of 74 feet from the street entrance on which the cars pull up to the unit to avoid cars blocking traffic in the right-of-way. In the case where cars begin waiting in the right-of-way, the owner of the unit must remediate the situation immediately by allowing waiting customers to park in open parking spots along the property or by requiring any vehicles waiting in line within the right-of-way to remove themselves from the line until they can line up within the property boundary.
(viii) 
Right-of-way may not act as the improved drive for the mobile food vendor unit.
(S) 
Alcohol sales must show proof of Texas Alcoholic Beverage Commission (TABC) authorization.
(T) 
A copy of required records shall be immediately available for inspection by the city on the mobile food vending unit.
(U) 
Mobile food vehicles must be movable by motorized or non-motorized means.
(2) 
Categories of mobile food vendor permits.
(A) 
Mobile food vendor in an approved mobile food court.
(i) 
A mobile food vendor may operate from a mobile food vendor food court site that is designed and intended for mobile food use as the primary use of the property. An approved site plan will be required for a mobile food vendor court that is the primary use on a property.
(ii) 
Utility hookups for water, wastewater, and electric must be provided by the property owner for each vending unit.
(iii) 
The food court will provide permanent restroom facilities on site.
(iv) 
The mobile food vendor must submit with the permit application written authorization or other suitable documentation showing that the owner of the property, or the owner’s authorized agent, consents to the mobile food vendor operating on said property.
(v) 
Any permanent structure will require a site plan amendment and building permit and be subject any applicable regulations.
(vi) 
Two temporary or portable signs for each vendor may be used on site during business hours. All other signage must be on the truck or trailer and mounted flush to the surface of the unit.
(vii) 
Signage for the mobile food court shall be in compliance with section 14.02.123.
(viii) 
Mobile food courts may use fencing, landscaping which is a minimum three (3) feet tall at maturity, or other approved architectural element to meet the required facade at build-lot line requirements with approval by development services department.
(B) 
Mobile food vendor located on an existing, developed site with a primary use.
(i) 
A mobile food vendor may operate from a property with an existing permanent business operating in a building with a current certificate of occupancy.
(ii) 
A mobile food vendor with an approved lease agreement with the city may be located in a city park or property.
(iii) 
The permanent business must provide restroom facilities for use by the employees of the mobile food vendor. Written proof of a restroom facility agreement that provides the availability of a fixed establishment restroom for the use of the mobile food vendor employees located in a business establishment within one hundred fifty (150) feet of each location where the mobile food vending unit will be in operation.
(iv) 
The mobile food vending unit cannot obstruct driveways or fire lanes.
(v) 
Two temporary or portable signs may be used on site during business hours. All other signage must be on the truck or trailer and mounted flush to the surface of the unit.
(vi) 
Location of the mobile food vending unit and any temporary seating areas must be shown on a lot diagram.
(C) 
Temporary mobile food vendors:
(i) 
Mobile food vendors must be located on a property for less than four hours.
(ii) 
All locations the vendor may occupy will be submitted to the city.
(iii) 
The mobile food vending unit cannot obstruct driveways or fire lanes.
(iv) 
Mobile food vendors that will vend in a city park, property, or right-of-way will require additional approval by the director of public works.
(3) 
Mobile food vendor permit application.
The application for a mobile food vendor permit shall include the following information:
(A) 
An application fee as adopted in city fee schedule;
(B) 
Name, legal name of business or entity, business address, telephone number, and email address of the applicant;
(C) 
The applicant’s identification number as shown on a current and valid government-issued identification document that includes a photograph of the applicant;
(D) 
If the applicant represents a corporation, association or partnership, the names and addresses of the officers or partners;
(E) 
Name, legal name of business or entity, business address, telephone number, and email address of the owner if the owner is not the applicant;
(F) 
Signed and notarized permission from all private property owners where the mobile food vending unit will be stationed;
(G) 
The manner of mobile food vending operation to be conducted (for example, foot vending, truck, trailer, pushcart, etc.); the make, model, year, license or registration, and vehicle identification number of each vehicle to be used in the mobile food vending operation;
(H) 
Proof of motor vehicle insurance for each vehicle to be used in the mobile food vending operation;
(I) 
An itinerary of locations where sales will occur; and a location map and sketch of site location for each location to be used by the mobile food vendor;
(J) 
A lot diagram, if applicable;
(K) 
A copy of the vendor’s current health permit from the state health department;
(L) 
For a mobile food vendor located on an existing site, a written agreement from a business within one hundred fifty (150) feet for employees of the mobile food establishment to have use of flushable restrooms during hours of operation;
(M) 
Proof of water/wastewater service;
(N) 
Documentation indicating the volume capacity of any required water and wastewater storage tanks either on the tank itself or in writing;
(O) 
A description of the type of food or the specific foods to be vended;
(P) 
A notarized statement from the owner of the commissary stating that the mobile food establishment will use the facility as its base of operation and providing the address and food establishment permit number of the facility, or retailer sources for food items to be cooked on site or for resale;
(Q) 
A valid copy of the applicant’s sales tax and use tax permit;
(R) 
Legal agreement to dispose of wastewater and grease water to the appropriate entity; and
(S) 
Any other information reasonably required by the city manager or her designee.
(4) 
Mobile food vendor permits.
(A) 
Permit determinations.
The city will evaluate the data furnished by the applicant and may require additional information. Within fourteen (14) working days of receipt of a completed permit application, the city will determine whether or not to issue a mobile food vendor permit. The city may deny an application for a permit on any of the following grounds:
(i) 
Failing to provide all of the information required by the city;
(ii) 
The applicant’s past record of ordinance violations;
(iii) 
Safety record of the applicant or any driver, based on such things as civil and criminal lawsuits and violations of environmental laws and ordinances; and
(iv) 
Providing false, misleading or inaccurate information to the city.
(B) 
Permits are not transferable.
(C) 
Mobile food vendor permits will be valid from the date of issuance to the expiration date listed on each permit. Permits may be renewed for a set time period and fees will be assessed in accordance with the city fee schedule.
(5) 
Mobile food permit denial.
(A) 
If a mobile food vendor permit is denied, the applicant may appeal the decision to the city manager or city manager’s designee.
(B) 
The applicant must provide information demonstrating that strict adherence to the regulations of this subsection (q) is not applicable to the specific situation. The applicant must show that the proposed activity meets the intent of this subsection (q).
(C) 
The decision of the city manager or city manager’s designee may be appealed to city council.
(6) 
Permit revocation and appeal.
(A) 
The city manager or city manager’s designee may revoke a permit issued under this subsection (q) by a mobile food vendor if the permit holder or the permit holder’s employee:
(i) 
Commits critical or repeated violations of applicable law; or
(ii) 
Knowingly provides false information on an application; or
(iii) 
Interferes with the health authority in the performance of the health authority’s duties; or
(iv) 
If a permitted establishment under this subsection (q) changes ownership and there are violations that must be corrected to meet applicable standards.
(B) 
Before revoking a permit, the city shall provide the permit holder or person in charge with written notice of the pending permit revocation.
The written notice shall include:
(i) 
The reason(s) the permit is subject to revocation; and
(ii) 
If applicable:
a. 
The date on which the permit is scheduled to be revoked; and
b. 
A statement that the permit will be revoked on the scheduled date unless the permit holder files a written request for a meeting with the city no later than the tenth (10th) day after the date the notice is served.
(C) 
The applicant may appeal the revocation of a permit by submitting a written request for appeal along with any evidence supporting the appeal to the board of appeals within ten (10) days of receiving the notice of revocation. The board of appeals will make a decision within a reasonable time of receipt of the appeal, but no later than thirty (30) days after receipt. The board of appeals’ decision shall be final.
(7) 
Inspections.
(A) 
The city may inspect a mobile food vendor during regular business hours and at other reasonable times to determine compliance with this subsection (q).
(B) 
After conducting an inspection, the city shall inform the mobile food vendor of findings.
(C) 
If a violation is found, the city shall:
(i) 
Close the unit; or
(ii) 
Prescribe a reasonable time period for correction of violations. Re-inspections at prescribed time intervals will be conducted to determine whether required corrections have been made.
(8) 
Penalty.
A violation of this subsection (q) is considered a violation pertaining to fire safety, zoning, public health and/or sanitation and is punishable by a fine not to exceed two thousand dollars ($2,000.00) in accordance with city code.
(r) 
All new development is required to install sidewalks within the right-of-way adjacent to the development in accordance with subsection 10.02.104 [section 10.02.104]. For local and collector streets, the minimum sidewalk width is 6'; for arterial streets, the minimum sidewalk width is 8'.
(Ordinance 2005-09-19(4A), ex. A (12.111), adopted 9/19/05; Ordinance 2010-08-09(8A), sec. 2(B), adopted 8/9/10; Ordinance 2012-08-15(5B), sec. 3, adopted 8/15/12; Ordinance 2020-09-08(5C), sec. 3, adopted 9/8/20; Ordinance 2020-09-08(5D), sec. 3, adopted 9/8/20; Ordinance 2022-03-14(8B) adopted 3/14/22; Ordinance 2022-06-13(4A) adopted 6/13/2022; Ordinance 2022-08-08(7C) adopted 8/8/2022; Ordinance 2023-7-10(9B) adopted 7/10/2023; Ordinance 2024-10-14(9C) adopted 10/14/2024)

§ 14.02.052 Establishment of zoning districts.

(a) 
The city is hereby divided into fourteen (14) zoning districts, the use, height and area regulations as set out herein shall be uniform in each district. The fourteen (14) districts established shall be known as:
Abbreviated Designation
Zoning District Name
A
Agricultural - District A
R-1
Single-Family Residential 1 - District R-1
R-1C
Residential 1 Commercial - District R-1C
R-1E
Residential 1 Estate - District R-1E
R-2
Residential Multifamily - District R-2
R-3
Residential Multi-Plex - District R-3
M-1
Manufactured Home Subdivision - District M-1
M-2
Manufactured Home Park - District M-2
CA
Central Area - District CA
C-1
Commercial-Light - District C-1
C-2
Commercial-Intense - District C-2
I
Industrial - District I
PUD
Planned Unit Development - District PUD
GOV
Governmental - District GOV
(b) 
Zoning map.
The location and boundaries of the districts herein established are shown upon the zoning map, which is hereby incorporated and made a part of this article; provided that such uses as listed but not shown on the zoning map are provided for future growth and use upon amendment of the comprehensive plan. The city building official maintains the zoning map together with all notations, references, and other information shown thereon and all amendments thereto.
(c) 
District boundaries.
Where uncertainty exists with respect to the boundaries of the established districts as shown on the zoning map, the following rules shall apply:
(1) 
Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines shall be construed to be said boundaries.
(2) 
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
(3) 
Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of [or] right-of-way lines of highways such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on said zoning map.
(4) 
In subdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.
(5) 
If a district boundary line divides a property into two (2) parts, the district boundary line shall be construed to be the property line nearest the district line as shown.
(6) 
Whenever any street, alley or other public way is vacated by the city council, the zoning district shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the districts as extended.
(7) 
Where the streets on the ground differ from the streets shown on the zoning map, those on the ground shall control.
(Ordinance 2005-09-19(4A), ex. A (12.112), adopted 9/19/05)

§ 14.02.053 Zoning of annexed areas.

(a) 
Interim zoning district.
All territory hereafter annexed to the city shall be automatically classified as Residential District “R1”, pending subsequent action by the commission and council for permanent zoning; provided that upon application, by either the city or the property owner of the land being annexed, for zoning other than R1, notice may be given and hearings held in compliance with chapter 211 of the Texas Local Government Code and, upon annexation, such property may be permanently zoned as determined by the city council after considering the commission’s recommendation.
(b) 
Permits in interim zoned areas.
In an area temporarily classified as Residential District “R1”, no permits for the construction of a building or use of land other than uses allowed in said district under this article shall be issued by the city building official.
(Ordinance 2005-09-19(4A), ex. A (12.113), adopted 9/19/05)

§ 14.02.054 Agricultural District - District “A”.

(a) 
Allows farming, ranching, pasturage, detached single-family residences and related accessory structures, on a minimum two-acre tract. Parks, playgrounds, greenbelts and other public recreational facilities, owned and/or operated by the municipality or other public agency are permitted.
(b) 
Conditions and limitations.
(1) 
See chart 1.
(2) 
See chart 2.
(Ordinance 2005-09-19(4A), ex. A (12.114), adopted 9/19/05)

§ 14.02.055 Single-Family Residential 1 - District “R-1”.

(a) 
Purpose and permitted uses.
Permits detached single-family dwellings with a minimum of 1,000 square feet of living area, and related accessory structures, on a minimum lot size of 8,400 square feet.
(b) 
Additional permitted uses.
[none listed]
(c) 
Conditions and limitations.
(1) 
See chart 1.
(2) 
See chart 2.
(3) 
A billboard, signboard, or advertising sign shall not be permitted as an accessory use; provided that the placing of an unilluminated “For Sale” or “For Rent” sign not more than eight (8) square feet in area may be permitted as an accessory use, and churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a structure or building one (1) unilluminated sign advertising contractors or architects on such premises shall be permitted provided that such sign shall not be more than eight (8) square feet in area and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of the building.
(4) 
All paved driveways shall be single use. There shall be a 1-foot side setback requirement for paved areas and shall comply with the impervious coverage limitation (See chart 1).
(d) 
Accessory structures and uses.
Accessory structures and accessory uses customarily incident to the single-family residential use permitted in the district, that are located on the same lot with the primary residential structure, that are designed, constructed and located for a use permitted in the single-family district, and that are in compliance with this article and all other applicable city ordinances, are permitted in the district.
(1) 
A private garage may have a capacity for not more than three standard size automobiles, plus one hundred forty-four square feet of storage space for goods and materials. Where the residential structure is two stories or greater, the private garage may have a second story containing an apartment or storage for use of the family constructed as an integral part of the main building and shall be subject to the regulations affecting the main building.
(2) 
Accessory structures that are one hundred forty-four square feet and smaller shall not have a wall height greater than eight feet. No building permit will be required.
(3) 
All accessory structures larger than one hundred forty-four square feet must:
(A) 
Have a roof line that is not greater in height than the roof line of the single-family dwelling; and
(B) 
Have walls that are of a height no greater than the majority wall height of the dwelling unit; and
(C) 
Exterior sides and roof must be of substantially the same color, or color matched with the dwelling unit; and
(D) 
Meet the setback requirements for the city as specified further in this section; and
(E) 
Not exceed the allowed impervious coverage as specified in chart 1.
(4) 
Except for the single-family dwelling, not more than one private garage, one carport, and one other accessory structure may be constructed on a single-family lot.
(5) 
A carport may be constructed on a single-family lot provided that it is color matched to the house, does not have a plate and roof height greater than the single-family dwelling, meets the side setback requirements of this article and, is at least five feet from the property line at the entrance to the carport.
(6) 
No accessory structure shall project beyond a required setback line along any street.
(7) 
No structure or impervious construction shall be allowed in the front yard area except for fences, driveways, sidewalks, utility distribution lines and appurtenances within dedicated easement and rights-of-way, and/or drainage structures.
(8) 
Detached accessory structures shall be constructed in the area defined as the rear yard and rear side yard.
(9) 
The floor area of the accessory structure shall not exceed 30% of the floor area of the main building, except that this requirement shall not limit the accessory building floor area to less than four hundred square feet.
(10) 
No accessory structure shall be closer than five feet to any side lot line, except along a street where required setback applies.
(11) 
No accessory structure shall be closer than five feet to any rear lot line.
(12) 
Swimming pool decks shall be located at least five feet from property line, with five feet to water's edge and three feet to the coping, except along any street where required setback applies.
(13) 
Detached accessory structures must be separated from the principal building by a minimum of ten feet.
(14) 
Accessory structures attached to the dwelling unit shall be considered to be part of the dwelling unit and shall be regulated by the same regulations in which apply to the dwelling unit.
(15) 
No structures shall be constructed in the easement, except for fencing.
(16) 
Shipping containers or storage containers shall be prohibited.
(17) 
Home occupations shall be allowed within an accessory structure subject to the following:
(A) 
The home must be used as a principal residency before the accessory structure may be used as a home occupation.
(B) 
No more than one home occupation is allowed for the property.
(C) 
The home occupation cannot be open to the public at any time and can only allow one external customer at a time.
(D) 
All other applicable regulations per each different allowed home occupation use as found in section 14.02.072 "allowed use table."
(E) 
No home occupation within an accessory structure may increase the traffic to a residential area.
(Ordinance 2005-09-19(4A), ex. A (12.115), adopted 9/19/05; Ordinance 2021-01-11(8A) adopted 1/11/21; Ordinance 2021-03-08(6B), sec. 3, adopted 3/8/21; Ordinance 2023-2-13(9E) adopted 2/13/2023; Ordinance 2025-02-10(8) adopted 2/10/2025)

§ 14.02.056 Residential Commercial - District “R-1C”.

(a) 
Purpose and permitted uses.
Permits detached single-family dwellings with a minimum of 1,000 square feet of living area, and related accessory structures, on a minimum lot size of 8,400 square feet in which a light commercial use including professional services, personal services and sales of nontoxic or nonhazardous materials may occur similar to home occupations however may occur in a stand-alone building. No use in R-1C shall have more than two employees.
(b) 
Additional permitted uses.
(1) 
Light commercial uses similar to home occupations.
(c) 
Conditions and limitations.
(1) 
See chart 1.
(2) 
See chart 2.
(3) 
A billboard, signboard, or advertising sign shall not be permitted as an accessory use; provided that the placing of an unilluminated “For Sale” or “For Rent” sign not more than eight (8) square feet in area may be permitted as an accessory use, and churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a structure or building one (1) unilluminated sign advertising contractors or architects on such premises shall be permitted provided that such sign shall not be more than eight (8) square feet in area and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of the building.
(4) 
All paved driveways shall be single use. There shall be a 1-foot side setback requirement for paved areas and shall comply with the impervious coverage limitation (See chart 1).
(d) 
Accessory structures.
See section 14.02.055(d).
(Ordinance 2005-09-19(4A), ex. A (12.116), adopted 9/19/05; Ordinance 2022-9-12(8C) adopted 9/9/2022)

§ 14.02.057 Residential 1 Estate - District “R-1E”.

(a) 
Purpose and permitted uses.
Permits detached single-family dwellings with a minimum of 1,000 square feet of living area, and related accessory structures, on a minimum lot size of one acre. Residential development may occur without the need for sidewalks, curb and gutter and central wastewater.
(b) 
Additional permitted uses.
[none listed]
(c) 
Conditions and limitations.
(1) 
See chart 1.
(2) 
See chart 2.
(3) 
A billboard, signboard, or advertising sign shall not be permitted as an accessory use; provided that the placing of an unilluminated “For Sale” or “For Rent” sign not more than eight (8) square feet in area may be permitted as an accessory use, and churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a structure or building one (1) unilluminated sign advertising contractors or architects on such premises shall be permitted provided that such sign shall not be more than eight (8) square feet in area and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of the building.
(4) 
All paved driveways shall be single use. There shall be a 1-foot side setback requirement for paved areas and shall comply with the impervious coverage limitation (See chart 1).
(Ordinance 2005-09-19(4A), ex. A (12.117), adopted 9/19/05; Ordinance 2022-9-12(8C) adopted 9/9/2022)

§ 14.02.058 Residential Multifamily - District “R-2” Duplex, Triplex and Fourplex.

(a) 
Purpose and permitted uses.
Allows single-family dwellings, two-, three- and four-unit dwellings and any other use permitted in R-1. The dwellings shall have a minimum of 600 feet of living space on a minimum lot size of 4,200 feet per dwelling unit.
(b) 
Additional permitted uses.
[none listed]
(c) 
Conditions and limitations.
(1) 
See chart 1.
(2) 
See chart 2.
(3) 
A minimum of two (2) off-street parking spaces shall be provided for each living unit. All off-street parking and driveways shall be improved with all-weather asphalt, concrete, or paving stones, and curb and gutter.
(d) 
Accessory structures.
See section 14.02.055(d).
(Ordinance 2005-09-19(4A), ex. A (12.118), adopted 9/19/05)

§ 14.02.059 Residential Multi-Plex - District “R-3”.

(a) 
Purpose and permitted uses.
Allows any use permitted in District R-2; and more than five dwelling units with a minimum living space of 600 feet on a minimum lot size of 2,000 square feet per dwelling unit.
(b) 
Additional permitted uses.
[none listed]
(c) 
Conditions and limitations.
(1) 
See chart 1.
(2) 
See chart 2.
(3) 
A minimum of two (2) off-street parking spaces shall be provided for each living unit. All off-street parking and driveways shall be improved with all-weather asphalt, concrete, or paving stones, and curb and gutter.
(d) 
Accessory structures.
See section 14.02.055(d).
(Ordinance 2005-09-19(4A), ex. A (12.119), adopted 9/19/05)

§ 14.02.060 Manufactured Home Subdivision - District “M-1”.

(a) 
Purpose and permitted uses.
Property and areas of the city zoned “M-1” may be planned, used, approved, platted and occupied as a manufactured home subdivision with lots sold and conveyed to individual lot owners. Land and areas of the city zoned “M-1” and having an approved subdivision plat may be used for manufactured homes having a minimum of 600 square feet of living area.
(b) 
Additional permitted uses.
[none listed]
(c) 
Conditions and limitations.
(1) 
Manufactured homes must have a minimum of six hundred (600) square feet of living area.
(2) 
Manufactured homes must be skirted within ninety (90) days from date installed.
(3) 
Manufactured homes must be tied down securely and in compliance with applicable regulations prior to occupancy.
(4) 
See chart 1.
(5) 
See chart 2.
(d) 
Authorized in specified areas.
No manufactured home may be located in any district other than “M-1” or “M-2” district only.
(e) 
Standards.
The installation, occupancy and maintenance of manufactured homes in the “M-1” district shall be subject to the following provisions.
(1) 
No outside horizontal dimension shall be less than 14 feet, except for original extensions or subsequent additions containing less than 50 percent of the total enclosed floor area.
(2) 
The exterior siding material, excluding skirting, shall be nonmetallic.
(3) 
The structures shall be of adequate quality and safe design, as certified by a label stating that the unit is constructed in conformance with the federal Mobile Home Construction and Safety Standards in effect on the date of manufacture, or other such applicable standards as required by state or federal law. Any such structure without such certification, but meeting all other requirements, may be accepted as safe and quality construction provided it meets the following criteria:
(A) 
All electrical material, devices, appliances, and equipment are in sound and safe condition. Aluminum conductors are not acceptable.
(B) 
All mechanical systems including space and water heating, are in sound and safe condition.
(C) 
All plumbing, gas piping, and wastewater systems are in sound and safe condition.
(D) 
The unit is in sound and safe structural condition. Uncompressed finish floorings greater than 1/8 inch in thickness beneath loadbearing walls that are fastened to the floor structure are not acceptable. Any such structure that shows signs of fire damage will not be acceptable.
(E) 
The determination of the foregoing acceptance of any non-certified unit shall be made by the building official and/or the fire marshal.
(4) 
Manufactured homes shall be installed in accordance with the following criteria:
(A) 
By a person licensed by the State of Texas in compliance with state law, or the frame shall be supported by, and tied to, a foundation system capable of safely supporting the loads imposed as determined from the character of the soil. The minimum acceptable foundation design shall be a series of eight-inch grout-filled concrete block piers spaced no more than eight feet on center and bearing on 12" x 12" solid concrete footings. A tie-down and anchoring system separate and apart from the foundation ties shall be provided as recommended by the manufacturer, if different from the foundation ties.
(B) 
Axle and hitch assemblies shall be removed at the time of placement on the foundation.
(C) 
Each manufactured home shall be totally skirted with metal, masonry, pressure-treated wood, or other non-degradable material, which is compatible with the design and exterior materials of the primary structure.
(D) 
Electrical power supply shall be from a meter installation on the manufactured home, or from a permanent meter pedestal.
(E) 
Driveways and off-street parking shall be provided in accordance with the requirements for single-family dwellings.
(F) 
Garage and carport additions are permitted, provided they cover a paved parking area and are connected to a street by a paved drive, meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.
(G) 
Patio and porch covers are permitted, provided they cover an improved patio, deck, or porch, and meet the minimum building setback requirements.
(H) 
Living area additions are permitted, provided they meet the minimum building setback requirements, have roof and siding material that is compatible with the primary structure, and comply with the same structural standards as the primary structure.
(I) 
All accessory structures and additions shall comply with all applicable city ordinances.
(f) 
Site development regulations.
The minimum lot width shall be 70 [feet].
(g) 
Accessory structures.
See section 14.02.055(d).
(Ordinance 2005-09-19(4A), ex. A (12.120), adopted 9/19/05)

§ 14.02.061 Manufactured Home Park - District “M-2”.

(a) 
Purpose and permitted uses.
Property and areas of the city zoned “M-2” may be planned, used, approved, platted and occupied as a manufactured home park with lots held under common ownership and rented or leased to individual tenant occupants. Land and areas of the city zoned “M-2” and having an approved subdivision plat may be used for manufactured homes having a minimum of 600 square feet of living area.
(b) 
Additional permitted uses.
(1) 
One manufactured home on each approved space or lot.
(2) 
Accessory buildings located on a lot for use by the owner or occupant of a structure that is located on such lot.
(3) 
Recreational, civic and/or commercial facilities designed for exclusive use of the occupants of the manufactured home park.
(4) 
Accessory buildings for use by the owner or manager of the manufactured home park.
(5) 
One single-family dwelling unit on a 6,000 square foot or larger lot for use as the owner’s or manager’s residence.
(c) 
Conditions and limitations.
(1) 
See chart 1.
(2) 
See chart 2.
(3) 
Design requirements.
A development designed as a manufactured home park shall meet all requirements of the manufactured home park ordinance of the city and all requirements of the city subdivision ordinance. The development shall include amenities and be designed for the explicit purpose of renting or leasing of sites and shall not be construed to permit the sale of such spaces or lots.
(4) 
Conversion.
At no time may a manufactured home park be converted to a manufactured home subdivision without first complying with all requirements of the city subdivision ordinance then in effect, receiving approval by the city council, and being rezoned to M-1.
(5) 
Through traffic.
No through traffic shall be permitted in a manufactured home park.
(6) 
Perimeter fence.
A perimeter fence shall be required, unless otherwise approved by the commission.
(d) 
Standards.
The installation, occupancy and maintenance of manufactured homes in the “M-2” district shall be subject to the following provisions: See section 14.02.060; provided that the addition of garages, carports and additional living area is not permitted.
(e) 
Site development regulations.
See section 14.02.060(e).
(f) 
Accessory structures.
See section 14.02.055(d).
(Ordinance 2005-09-19(4A), ex. A (12.121), adopted 9/19/05)

§ 14.02.062 Central Area - District “CA”.

(a) 
Permitted uses.
This district principally addresses development in the original town and central area of the city, allowing a mix of uses including, retail, office, light commercial, and residential uses.
(1) 
Uses as determined by the commission and the council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that sell, store, distribute and/or repair goods, vehicles, equipment and materials, and are in general dependent on products and materials produced elsewhere.
(2) 
The Central Area District “CA” shall apply to the following plats, tracts or parcels of land within the City of Rockdale:
(A) 
Original Town–Rockdale Blocks 1 to 8.
(B) 
Original Town–Rockdale Blocks 29 to 32.
(C) 
A0720, William Allen Survey, 0.67 acres, ID 73281.
(D) 
A0720, William Allen Survey, 0.842 acres, ID 75487.
(E) 
A0720, William Allen Survey, platted property south of Milam Avenue, north of railroad tracks, west of A0720, William Allen Survey, 0.842 acres, ID 75487 and east bordered by the intersection of a line extended south from Rice Street western boundary.
(b) 
Conditions and limitations.
(1) 
That all business activities be conducted wholly within an enclosed building, except for delivery, gasoline sales, nurseries, and garden centers.
(2) 
That required yards and outdoor areas not be used for display, sale [of] vehicles, equipment, containers or waste material, save and except for screened dumpster collection areas.
(3) 
That gasoline and alcoholic beverage sales are not permitted without a conditional use permit first being obtained.
(4) 
That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance; and that, excluding that caused [by] customer and employee vehicles, such odors, smoke, dust, noise or vibration be generally contained within the property.
(5) 
Signs (advertising) must be on the same lot as the business establishments to which they refer and shall not be placed within any required yard nor within twenty-five (25) feet of any residential district. Signs may be illuminated but must be stationary and non-flashing. All signs shall comply with all applicable provisions of this article and any other applicable ordinance of the city. Not more than one (1) sign per exterior building elevation may be erected and attached to or suspended from any building facade, canopy or awning. No freestanding signs shall be allowed. Sign size shall adhere to projection signs and marquee or wall signs as provided for in section 14.02.123 of this chapter.
(6) 
The conditions and limitations and permitted uses applicable to the district governing the proposed use of the property shall apply within the Central Area District, i.e. if the proposed use of property within the CA district is a use provided for in the C-1 district the conditions, limitations and permitted uses applicable to the C-1 district shall apply to the property within the CA district.
(7) 
See chart 1.
(8) 
Parking.
(A) 
Parking in the Central Area - District “CA” shall not be governed by the parking requirements in section 14.02.051(k) and any parking requirements set forth in site plan regulations. Parking in the Central Area - District “CA” shall be governed by this section.
(B) 
“Parking fund” means a special fund established by the city to retain monies paid by developers in accordance with the payment in lieu of parking space dedication provisions of these regulations and to be used for the purchase of land for the development of parking lots and/or spaces in the vicinity of the developed property for which funds have been collected.
(C) 
A negotiated fee in lieu of parking lots and/or spaces shall be paid to the city by the developer to be combined with other funds in the parking fund dedicated for the acquisition of parking lots and spaces. At its option, the city council may accept land dedicated for parking lots and spaces by the developer in lieu of parking fees, if such land conforms to the comprehensive master plan of the city. The city reserves the right to refuse property within the 100-year frequency floodplain and determine the appropriateness of the location of the proposed parking land in conjunction with the uses proposed on the property.
(c) 
Site plan regulations.
The site plan regulations applicable to the district governing the proposed use of the property shall apply within the Central Area District, i.e. if the proposed use of property within the CA district is a use provided for in the C-1 district the site plan regulations applicable to the C-1 district shall apply to the property within the CA district.
(Ordinance 2005-09-19(4A), ex. A (12.122), adopted 9/19/05; Ordinance 2010-08-09(8A), sec. 3(A), adopted 8/9/10; Ordinance 2010-08-09(8A), sec. 3(B), adopted 8/9/10; Ordinance 2010-08-09(8A), sec. 3(C), adopted 8/9/10; Ordinance 2010-08-09(8A), sec. 3(D), adopted 8/9/10; Ordinance 2010-08-09(8A), sec. 3(E), adopted 8/9/10)

§ 14.02.063 Commercial-Light - District “C-1”.

(a) 
Purpose and permitted uses.
This district allows the retail sale of goods and products to which value has been added on-site, including sales of goods and services outside of the primary structure as customary with the uses specifically listed.
(1) 
Uses as determined by the commission and the council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that sell, store, distribute and/or repair goods, vehicles, equipment and materials, and are in general dependent on products and materials produced elsewhere.
(b) 
Conditions and limitations.
(1) 
That it be conducted wholly within an enclosed building, except for delivery, gasoline sales, nurseries and garden centers.
(2) 
That required yards and outdoor areas not be used for display, sale [of] vehicles, equipment, containers or waste material, save and except for screened dumpster collection areas.
(3) 
That all merchandise be new, first-hand and be sold on the premises, save and except for delivery only including catering.
(4) 
That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance; and that, excluding that caused customer and employee vehicles, such odors, smoke, dust, noise or vibration be generally contained within the property.
(5) 
Signs (advertising) must be on the same lot as the business establishments to which they refer and shall not be placed within any required yard nor within twenty-five (25) feet of any residential district. Signs may be illuminated but must be stationary and non-flashing. All signs shall comply with all applicable provisions of this article and any other applicable ordinance of the city.
(6) 
Establishments located on property that is within 300' of any property zoned for a residential use when the commercial use is first established may not to be open to the general public before 5:00 a.m. and must be closed to the general public by 10:00 p.m.
(7) 
See chart 1.
(8) 
See chart 2.
(c) 
Site development regulations.
(1) 
Development of any use permitted in the “C-1” district shall conform with the site development regulations established for that district.
(2) 
Paved sidewalks, driveways and parking areas are required.
(3) 
Screening of loading and storage facilities is required.
(d) 
Temporary outside sales.
The outdoor sale and/or promotion of commodities, products, merchandise, or materials that [is] conducted on the property of an existing business. This definition does not include outdoor storage and display in compliance with the zoning ordinance as it exists or may be amended.
(1) 
A permit is required for temporary outdoor sales. A business location or a property owner may receive permits to hold up to eight temporary outdoor sales each calendar year. The calendar year commences on January 1st. Each permit shall be issued for no more than seven consecutive days. Temporary outdoor sales are only allowed in nonresidential and mixed-use zoning districts. These regulations do not apply to temporary outdoor sales as part of a permitted special event.
(2) 
A permit is not required for civic, religious, school, government or other non-profit organizations for outdoor sales. Operations shall comply with the requirements for temporary outdoor sales as are applicable.
(3) 
Each permit for temporary outdoor sales is $100.00. A permit holder shall obtain all required permits and approvals necessary for operations including but not limited to electrical, health, and tent permits.
(A) 
Written permission is required from the business or property owner of a business property location.
(B) 
A detailed site plan shall be provided with each application for approval.
(C) 
Temporary lighting must meet the requirements of the city's zoning ordinance, as it currently exists or may be amended. Any lights located at the premises shall not flash, travel, blink, fade, move, or scroll.
(D) 
Accessible routes to building elements including parking spaces, sidewalks, and pedestrian access ramps shall meet the Americans with Disabilities Act requirements as they currently exist or may be amended. Three feet minimum clearance is required for all accessible routes. Fire lanes, fire hydrants and other building access for emergency services shall not be blocked or obstructed.
(4) 
The building official may revoke or suspend permitted temporary outdoor sales on the basis of incorrect information provided for permit issuance, or where it is determined that the operations affect the health or safety of the public. This includes but is not limited to noise disturbance, inadequate parking, impeding traffic in the public right-of-way or obstructing access to adjacent businesses.
(Ordinance 2005-09-19(4A), ex. A (12.123), adopted 9/19/05; Ordinance 2024-11-20(7B) adopted 11/20/2024)

§ 14.02.064 Commercial-Intense - District “C-2”.

(a) 
Purpose and permitted uses.
This district is intended to provide for commercial uses including the more intense commercial land uses not requiring an industrial zoning category, provided that such use shall when established be compatible with adjacent and neighboring residential areas and not create unreasonable traffic or land use conflicts. All uses permitted in the C-1 district are additional permitted uses.
(1) 
Uses as determined by the commission and the council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that sell, store, distribute and/or repair goods, vehicles, equipment and materials, and are in general dependent on products and materials produced elsewhere.
(b) 
Conditions and limitations.
(1) 
That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all-weather surface and that is suitably landscaped, screened or fenced.
(2) 
That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.
(3) 
Signs (advertising) must be on the same lot as the business establishments to which they refer and shall not be placed within twenty-five (25) feet of any residential district. Signs may be illuminated but must be stationary and non-flashing. All signs shall comply with all applicable provisions of this article and any other applicable ordinance of the city.
(4) 
See chart 1.
(5) 
See chart 2.
(c) 
Site development regulations.
(1) 
Development of any use permitted in the “C-1” or “C-2” district shall conform with the site development regulations established for that district.
(2) 
Paved sidewalks, driveways and parking areas are required.
(3) 
Screening of loading and storage facilities is required.
(d) 
Temporary outside sales.
The outdoor sale and/or promotion of commodities, products, merchandise, or materials that [is] conducted on the property of an existing business. This definition does not include outdoor storage and display in compliance with the zoning ordinance as it exists or may be amended.
(1) 
A permit is required for temporary outdoor sales. A business location or a property owner may receive permits to hold up to eight temporary outdoor sales each calendar year. The calendar year commences on January 1st. Each permit shall be issued for no more than seven consecutive days. Temporary outdoor sales are only allowed in nonresidential and mixed-use zoning districts. These regulations do not apply to temporary outdoor sales as part of a permitted special event.
(2) 
A permit is not required for civic, religious, school, government or other non-profit organizations for outdoor sales. Operations shall comply with the requirements for temporary outdoor sales as are applicable.
(3) 
Each permit for temporary outdoor sales is $100.00. A permit holder shall obtain all required permits and approvals necessary for operations including but not limited to electrical, health, and tent permits.
(A) 
Written permission is required from the business or property owner of a business property location.
(B) 
A detailed site plan shall be provided with each application for approval.
(C) 
Temporary lighting must meet the requirements of the city's zoning ordinance, as it currently exists or may be amended. Any lights located at the premises shall not flash, travel, blink, fade, move, or scroll.
(D) 
Accessible routes to building elements including parking spaces, sidewalks, and pedestrian access ramps shall meet the Americans with Disabilities Act requirements as they currently exist or may be amended. Three feet minimum clearance is required for all accessible routes. Fire lanes, fire hydrants and other building access for emergency services shall not be blocked or obstructed.
(4) 
The building official may revoke or suspend permitted temporary outdoor sales on the basis of incorrect information provided for permit issuance, or where it is determined that the operations affect the health or safety of the public. This includes but is not limited to noise disturbance, inadequate parking, impeding traffic in the public right-of-way or obstructing access to adjacent businesses.
(Ordinance 2005-09-19(4A), ex. A (12.124), adopted 9/19/05; Ordinance 2024-11-20(7B) adopted 11/20/2024)

§ 14.02.065 Industrial - District “I”.

(a) 
Permitted uses.
Allows assembly, packaging, treatment, processing and manufacture of products that do not pose any materially potential hazard to persons and property outside the boundaries of the property, and the following specifically listed uses to the extent such uses are contained or included within property as to not pose a potential hazard outside of the property on which such use is conducted:
(1) 
Uses as determined by the commission and the council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that sell, store, distribute and/or repair goods, vehicles, equipment and materials, and are in general dependent on products and materials produced elsewhere.
(b) 
Conditions and limitations.
(1) 
See chart 1.
(2) 
See chart 2.
(c) 
Site development regulations.
Development of any use permitted in the “I” district shall conform with the site development regulations established for that district.
(d) 
Performance standards - Industrial District.
All uses in the I (Industrial) district, District “I”, shall conform in operation, location and construction to the minimum performance standards herein specified for noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire and explosive or hazardous matter, vibration, open storage and glare.
(1) 
Noise.
At no point at the bounding property line of any use in an I district may the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table.
(A) 
Maximum permissible daytime* octave band-decibel limits, at the bounding property line**, in an I district;
Octave band
(CPS)
37
75
75
150
150
300
300
600
600
1200
1200
2400
2400
4800
4800
9600
A Scale
Decibel band limit (dB re 0.0002 microbar)
86
76
70
65
63
58
55
53
65
Note: A-scale level is provided for monitoring purposes only and is not applicable to detailed sound analysis.
* Daytime shall refer to the hours between sunrise and sunset on any given day.
** The building official will interpret the bounding property line as being at the nearest side of the right-of-way or property line of any street, alley, stream or other permanently dedicated open space to the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the bounding property line.
(B) 
The following corrections will be made to the table of octave band-decibel limits in determining compliance with the noise level standards in an I district.
(i) 
When noise is present at nighttime (anytime other than daytime), subtract 7 decibels. When noise contains strong, pure tone components or is impulsive, that is when meter changes at 10 decibels or more per second, subtract 7 decibels. Add ten decibels when noise is present for not more than:
a. 
1/2 minute in any 1/2-hour period;
b. 
1 minute in any 1-hour period;
c. 
10 minutes in any 2-hour period; or d. 20 minutes in any 3-hour period.
(C) 
Measurement of noise is made with a sound level meter or octave band analyzer, meeting the standards prescribed by the American Standards Association.
(2) 
Smoke and particulate matter.
No operation or use in an I district shall cause, create or allow the emission of air contaminants which violate state or federal environmental law, as referenced herein: Texas Health and Safety Code Ann. chapters 381 and 382; Air Pollution Prevention and Control, 42 U.S.C.A. 7401 et seq. Open storage and open processing operations including on-site transportation on [or] movements which are a source of wind- or air-borne dust or other particulate matter are subject to the standards and regulations specified herein.
(3) 
Odorous matter.
No use may be located or operated in an I district which involves the emission of odorous matter from a source of operation where the odorous matter exceeds a concentration at the bounding property line or any point the tract on which such use or operation is located which, when diluted with an equal volume of odor-free air, exceeds the odor threshold (2 odor units). The odor threshold as herein set forth is determined by observation by the city staff. In any case where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures as specified by American Society for Testing Materials, ASTMD 1391-57, entitled “Standard Method for Measurement of Odor in Atmospheres” will be used and a copy of the ASTMD 1391-57 is hereby incorporated by reference.
(4) 
Flammable and hazardous materials.
No use involving the manufacture or storage of compounds or products which decompose by detonation is permitted in an I district except that chlorate, nitrates, perchlorates, phosphorous and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire marshal of the city as not presenting a fire or explosion hazard. The storage and use of all flammable liquids and materials, such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products is permitted only when such storage or use conforms to the standards and regulations of established by city ordinance.
(5) 
Toxic and noxious matter.
No operation or use permitted in an I (Industrial) district may emit a concentration across the bounding property line of the tract on which such operation or use [is located] violating state or federal environmental laws, as referenced herein: Texas Health and Safety Code, chapters 381 and 382; Air Pollution Prevention and Control, 42 U.S.C.A. 7401 et seq. Open storage and open processing operations, including on-site transportation movements which are a source of wind-or air-borne dust or other particulate matter, are subject to the standards and regulations specified herein.
(6) 
Vibrations.
No operation or use in an I district may at any time create earthborne vibration which, when measured at the bounding property line of the source of operation, exceeds the limit of displacement set forth in the following table in the frequency ranges specified.
Frequency Cycles per Second
Displacement in Inches
0 to 10
.0020
10 to 20
.0016
20 to 30
.0010
30 to 40
.0006
40 to 50
.0005
(7) 
Glare.
No use or operation in an I district may be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor may any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.
(Ordinance 2005-09-19(4A), ex. A (12.125), adopted 9/19/05)

§ 14.02.066 Planned Unit Development - District “PUD”.

(a) 
Purpose and objectives.
The purpose and intent of the planned unit development district is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development of property in the city consistent with this article and accepted urban planning, with overall mixed-use regulations as set forth below and in accordance with the city’s comprehensive plan. The PUD rules are designed: (i) to allow development which is harmonious with nearby areas; (ii) to enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance; (iii) to provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs; (iv) to encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods; (v) to facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment; (vi) to provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and (vii) to require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated, or unplanned development. Toward these ends, rezoning of land and development under this district will be permitted only in accordance with the intent and purpose of the city’s comprehensive plan and this article, and to that end the PUD plan must be prepared and approved in accordance with the provisions of this article.
(b) 
Mixed use development.
The PUD district shall include and allow for compatible mixed uses such as compatible residential, commercial and/or industrial, within a single project within the boundaries of a an approved plan area, in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the city. In order to promote such development, the PUD may be comprised of a combination of all the other zoning districts provided for in this article. The outer boundary of the each such PUD zoning district shall be shown on a map. Said map will include a descriptive legend, the specific boundaries of the area proposed for use authorized for in any other zoning district, and percentage of the total area of such PUD which will comprise each such separate use, and all notations, references, and other information shown thereon, shall be adopted by ordinance.
(c) 
Flexible planning.
When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, setbacks, alleyways for public utilities, signage requirements, curbs, gutters, sidewalks and streetlights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, single use districts, etc. Final approval of a PUD by the city council shall constitute authority and approval for such flexible planning to the extent that the PUD as approved, departs from existing codes and ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased.
(d) 
Rules applicable.
The city council, after public hearing and proper notice to all parties affected and after recommendation from the commission, may attach a planned unit development district designation to any tract of land equal to or greater than three (3) acres. Under the planned development designation the following rules apply:
(1) 
The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the city council, and no such approval will be inferred or implied.
(2) 
Permitted uses are those listed under the applicable zoning district(s) for the base zoning to be applied to the PUD (for example, the permitted uses in a PUD proposed to be developed as a retail, commercial and office development are the respective uses listed for the General Retail, Commercial and Office districts). In addition, a planned unit development district may be established where the principal purpose is to serve as a transitional district, or as an extension of an existing district whereby the provision of off-street parking, screening walls, fences, open space and/or planting would create a protective transition between a lesser and more restrictive district. In approving a planned unit development, additional uses may be permitted, and specific permitted uses may be prohibited from the base district.
(3) 
Standards required by the base zoning apply in a planned unit development except that the following regulations and standards may be varied in the adoption of the planned unit development; provided that the plan is consistent with sound urban planning and good engineering practices.
(A) 
Front, side and rear setbacks.
(B) 
Maximum height.
(C) 
Maximum lot coverage.
(D) 
Floor area ratio.
(E) 
Off-street parking requirements.
(F) 
Special district requirements pertaining to the base zoning.
(G) 
Number of dwelling units per acre.
(H) 
Accessory building regulations.
(I) 
Sign standards.
(4) 
In approving a planned unit development, no standards may be modified unless such modification is expressly permitted by this article, and in no case may standards be modified when such modifications are prohibited by this article.
(5) 
In approving a planned unit development, the city council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including but not limited to, light and air, orientation, type and manner of construction, setbacks, lighting, landscaping, management associations, open space, and screening.
(6) 
The commission and city council, in approving modifications to standards and regulations, shall be guided by the purpose intended by the base zoning and general intent of this article.
(e) 
Preliminary site plan.
A preliminary site plan of the entire property within the planned unit development will be considered by the commission prior to any recommendation to, or consideration by, the city council of the planned unit development district ordinance.
(1) 
A preliminary site plan may be approved for a portion of a planned unit development district where the district is divided by a major thoroughfare, and the preliminary site plan includes all the property located on one side of the street.
(2) 
Approval of a preliminary site plan will determine the location and mix of proposed uses, proposed points of ingress and egress, parking spaces, building locations and height, lot coverage, yards and open spaces, landscaping, screening walls or fences, topography, and other development and protective requirements, considered necessary to create a reasonable transition to, and protection of, the adjacent property.
(3) 
The commission and/or city council may approve, conditionally approve, request modifications, or deny approval of the preliminary site plan based on evaluation of details with respect to:
(A) 
The plan’s compliance with all provisions of this article and other ordinances of the city.
(B) 
The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.
(C) 
The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values, and negative impacts.
(D) 
The provision of a safe and efficient vehicular and pedestrian circulation system.
(E) 
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
(F) 
The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
(G) 
The coordination of streets so as to compose a convenient system consistent with the thoroughfare plan of the city.
(H) 
The use of landscaping and screening:
(i) 
To provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and
(ii) 
To complement the design and location of buildings and be integrated into the overall site design.
(I) 
The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
(J) 
The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.
(f) 
Final site plan.
Following approval of the preliminary site plan, or simultaneously if detailed information is available, a final site plan for any portion of the planned unit development may be approved. The preliminary site plan establishes the general development standards according to a base district. The final site plan providing all the detail required for development, subdivision, zoning and enforcement of the special conditions and regulations must be approved by ordinance prior to the zoning being in effect and construction being authorized.
(g) 
Amendments.
Consideration of amendments to a planned unit development will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Amendments to the final site plan or any planned development conditions which are substantive shall require public hearings in the manner required for any other zoning change.
(h) 
Expiration.
If development equal to at least twenty-five percent (25%) of the cost of installing streets, utilities and drainage in the PUD, or, if the PUD is approved to be developed in sections or phases, if development equal to at least fifty (50%) percent of the cost of installing streets, utilities and drainage in the first section or phase of the PUD has not occurred, on a planned unit development tract or lot within two (2) years after the date of approval, such approval shall expire; and may only be renewed after application is made therefor, notice is given and public hearings are held by the commission and city council to evaluate the appropriateness of the previously authorized planned development approval. Any such application for renewal or extension shall be considered in the same manner, and under the same rules, regulations and ordinances then in effect, as a new application for zoning.
(i) 
Ordinance amendment.
Every planned unit development district approved under the provisions of this article is considered an amendment of this article as to the property involved, and to the master plan. All planned unit development districts will be referenced on the zoning district map, and a list of such planned unit development districts shall be maintained as an appendix to this article.
(j) 
Certificate of occupancy.
All planned unit development district conditions and special regulations must be complied with in the PUD, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a planned unit development district, or, if applicable, the separate section or phase being developed.
(Ordinance 2005-09-19(4A), ex. A (12.126), adopted 9/19/05)

§ 14.02.067 Governmental - District “GOV”.

(a) 
Purpose.
This district is intended to provide appropriate areas for uses that provide important community services. An appropriate site should contain adequate space for required off-street parking and buffering. Facilities owned and operated by the federal government, the state or political subdivisions thereof, including public grounds;
(b) 
Additional permitted uses.
Uses as determined by the commission and the council, which are closely related and similar to those listed above.
(c) 
Conditions and limitations.
(1) 
See chart 1.
(2) 
See chart 2.
(Ordinance 2005-09-19(4A), ex. A (12.127), adopted 9/19/05)

§ 14.02.068 Overlays.

(a) 
Purpose.
The purpose of overlays is to permit mixed use and redevelopment in areas that otherwise would not normally be able to develop or to preserve some feature unique to that area.
(b) 
The city hereby establishes the following overlay districts which shall be governed by all of the uniform use and area requirements of this article. Within these overlay districts, additional requirements are imposed on certain properties within one or more underlying general or conditional zoning districts. The overlay districts established by this article, including the symbol for each type of district is as follows:
IR - Infill Redevelopment Overlay
(1) 
IR - Infill Redevelopment Overlay. Where there is an existing lot that otherwise conforms to the restrictions applicable [to] zoning located in the geographic area in the IR Overlay, the city may waive setback, parking, impervious cover, lot size and land use compatibility requirements and grant a building permit. Zero lot lines are permitted in the IR Overlay.
(Ordinance 2005-09-19(4A), ex. A (12.128), adopted 9/19/05)

§ 14.02.069 Day-care centers.

(a) 
Purpose.
A day-care center is considered a commercial operation that is licensed by the state under public or private usage where the day-care is provided for six or more individuals who are apart from their own family or relations during a part of the day.
(b) 
Required conditions.
The day-care must be in a commercially zoned area.
(c) 
Passenger unloading or loading areas.
Any passenger unloading or loading areas and outdoor areas must be located in an area that avoids conflict with vehicular traffic.
(d) 
Play areas.
Play areas must have an enclosed fence or solid wall at a minimum of three (3) feet in height.
(Ordinance 2021-12-13(5B) adopted 12/13/21)

§ 14.02.070 Home occupations.

(a) 
Purpose.
The purpose of this section is to provide types of occupational uses within a residential district.
(b) 
Permitted uses.
A home must be used as a principal residency before being used as a business. The home occupation must be operated on the premises that it is primarily a residential use.
(c) 
General requirements.
Permitted home occupations are listed on the use table.
(d) 
Required conditions.
(1) 
The home occupation must be subordinate to the residential use and must be owner occupied.
(2) 
No more than one home occupation is allowed in a single dwelling unit.
(3) 
The home occupation cannot be open to the public at any time and can only allow one external customer at a time.
(4) 
Any outdoor storage of materials used for the home occupation is prohibited.
(5) 
The exterior of the single dwelling unit may not be altered to alter the residential characteristics of the structure. The only exception is a nonilluminated sign not exceeding one square foot in area.
(6) 
The delivery of any materials or goods to a home occupation must not be delivered on a vehicle larger than two tons with a maximum of six (6) wheels.
(7) 
A home occupation must not interfere with the residential quality of life in the surrounding area. Any excessive noise, vibration, smoke, dust, odors, or heat that is detectable beyond the walls or property line will be a violation of this section.
(8) 
Any home occupation may not create an increase in traffic to a residential area.
(Ordinance 2021-12-13(5B) adopted 12/13/21)

§ 14.02.071 Classification of new and unlisted uses.

In order to classify a land use not already listed in the use table, a determination of the appropriate classification of any new or unlisted land use must occur as follows:
(1) 
The new or unlisted use must first be referred to the planning and zoning commission requesting an interpretation for the appropriate zoning classification.
(2) 
The new or unlisted use must submit to the planning and zoning commission a statement of facts that list the nature of the use whether it involves dwelling activity, sales, processing, types of products, amount and nature of storage, transportation requirements, and the amount of smoke, dust, smell, toxic material, and vibration that will likely be generated from the use.
(3) 
The planning and zoning commission must then consider the nature and description of the proposed new or unlisted use to properly compare to other uses permitted in various districts.
(4) 
If recommended for approval, the planning and zoning commission must amend the use table and submit the amended use table to city council for final approval.
(Ordinance 2021-12-13(5B) adopted 12/13/21)

§ 14.02.072 Allowed use table.

Sec. 14.02.072. Use Table
Residential Districts
Commercial Districts
Use Group/Specific Uses
R1
R1C
R1E
R2
R3
M1
M2
C1
C2
CA
I
A
GOV
PUD
1R Overlay
Use Standards
RESIDENTIAL
Household Living
Apartment Hotel
X
X
X
X
P
Apartment House
X
X
P
Assisted Living
X
X
X
Bed and Breakfast Homestay Establishment
X
X
X
X
Bed and Breakfast Inn
X
X
Boarding House
X
X
P
Crisis Center (6 or fewer)
C
C
C
C
C
P
Four-Plex
X
X
P
Fraternity, Sorority or Group Student Housing
X
X
P
Group or Community Home (6 or fewer residents)
X
X
X
X
X
P
Group or Community Home (7 or more residents)
X
P
Halfway House
C
P
Manufactured Home Park
X
P
Manufactured Home Subdivision
X
P
Modular Component/Industrialized Housing
X
X
X
X
X
P
X
Multiple Family Dwelling
X
X
P
Nursing Home
X
X
P
Recreational Vehicle Park
X
X
P
Rescue Mission/Home
C
P
Short Term Rental I
X
X
X
X
P
Short Term Rental II
X
X
X
X
X
Short Term Rental III
X
X
Single-Family Residence, Attached
X
X
X
P
X
Single-Family Residence, Detached
X
X
X
X
X
P
Skilled Nursing Home/Rehabilitation
X
X
P
Townhouse
X
X
X
P
Two-Family Duplex
X
X
P
Zero Lot Line
X
X
X
X
P
X
Child Day-Care Operations
Listed Family Home
X
X
X
X
X
P
Registered Child-Care Home
X
X
X
X
X
P
Licensed Child-Care Home
X
X
X
X
X
P
Child-Care Center
X
X
Home Occupations
Art Studio
X
X
X
X
X
P
Barber/Beauty Shop (one chair)
X
X
X
X
X
P
Craft, Ceramic, Art Workshop
X
X
X
X
X
P
Personal Professional Services (one client)
C
C
C
C
C
P
Photography Studio
X
X
X
X
X
P
Piano Lessons
X
X
X
X
X
P
Swim Lessons
X
X
X
X
X
P
Tailor/Seamstress
X
X
X
X
X
P
PUBLIC/CIVIC
Correctional Detention Facility
C
Cultural Facilities, Libraries
C
C
C
X
X
X
X
X
X
X
X
X
P
Hospital
C
C
C
C
C
P
Parks and Open Space
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Ampitheater
X
X
X
X
X
P
Animal Park
C
C
C
X
X
X
X
X
X
X
X
P
Concerts, Fairs, Festivals
T
T
T
T
T
T
Allowed by right if city sponsored.
Fairgrounds/Exhibition (Permanent)
X
X
Golf Course
X
X
X
X
X
X
X
P
Public/Private Park
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Race Track (Horse/Dog)
P
P
P
Rodeo Grounds
C
X
X
X
P
Zoo
C
C
C
C
C
C
P
Public Facilities
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Major Utilities
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Minor Utilities
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Post Office
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Public Safety (Police/Fire)
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Religious Assembly
Church, Temple, Synagogue, Mosque
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Church Activity/Recreational Center
X
X
X
X
X
X
X
X
X
X
X
X
X
P
School
College or University
X
X
X
X
X
X
P
College Dormitory (Off- Campus)
X
X
P
College Fraternity/Sorority House
X
X
X
X
X
X
X
P
High School
X
X
X
X
X
X
X
X
X
X
X
P
Elementary School
X
X
X
X
X
X
X
X
X
X
X
P
Junior High or High School
X
X
X
X
X
X
X
X
X
X
X
P
Pre-School/Kindergarten
X
X
X
X
X
X
X
X
X
X
X
P
School Student/Activity Center/Field (Public)
X
X
X
X
X
X
X
X
X
X
X
X
P
AGRICULTURAL
Animal Shelter (public or private)
X
C
Bulk grain or feed storage
X
Concentrated Animal Feed Operation
C
Farm or Ranch
X
Greenhouse or Nursery (wholesale)
X
Hatchery, fish, shrimp or fish farm
X
Hatchery, poultry
X
X
Hay, grain or feed sales
X
X
Kennel without vet hospital
X
X
C
Livestock Auction
C
Orchard or Garden, Commercial
X
Stables, Commercial
X
Veterinarian with exterior cages
X
X
COMMERCIAL
Animal Services
Kennel (Commercial)
X
X
Pet Grooming
X
X
X
X
X
Pet Shop
X
X
X
X
X
Allow outdoor pens
Veterinary Clinic
X
X
X
X
Allow outdoor pens
Automobile Sales and Service
Automobile Dealership
X
X
X
P
RV Dealership
X
X
X
P
Banks and Financial Services
Automatic Teller Machine (ATM)
X
X
X
X
X
X
X
Bank
X
X
X
X
X
X
X
Credit Union/Bureau
X
X
X
X
X
X
X
Pawn Brokerage Shop
X
X
X
X
X
X
Savings and Loan
X
X
X
X
X
X
X
Bail Bonds
X
X
X
X
X
Construction Sales and Service
Bldg. Material/Home Supply Store
X
X
X
P
Bldg. Material/Home Supply Store with outdoor storage
X
C
X
P
Cabinet/Woodwork Shop
X
X
X
X
X
P
Contractor's Shop/Storage Yard
P
P
X
P
Electrical Plumbing, A/C Heat (Wholesale)
X
X
X
X
P
Lumber/Building Materials Sales Yard
P
P
X
P
Plumbing shop
X
X
X
X
P
Eating and Drinking Establishments
All alcoholic beverages, 75% or more revenue from alcohol
C
C
C
P
All alcoholic beverages, >50% & <75% revenue from alcohol
C
X
X
X
P
All alcoholic beverages 50% or less revenue from alcohol
X
X
X
X
P
Beer & Wine only, less than 75% revenue from alcohol
X
X
X
X
P
Beer & Wine only, more than 75% revenue from alcohol
X
X
X
P
Restaurant (Drive in)
X
X
X
P
Restaurant (Not Drive in)
X
X
X
P
Entertainment
Ampitheater
C
X
X
X
C
P
Club/Social Organization
X
X
X
X
P
Concert Facility
X
C
X
X
P
Country Club
P
X
X
P
P
Dance hall, Nightclub, Disco
X
X
X
P
Indoor Shooting Range
X
X
Shooting Range
X
X
Theater, Cinema
X
X
X
X
P
Theater - Drive In
X
X
P
Theater, Playhouse
X
X
X
X
P
Funeral and Interment Service
Cemetery, Mausoleum
C
C
C
C
C
C
P
Columbarium
X
X
X
X
X
X
P
Monument Sales Lot
X
X
P
Mortuary/Funeral Home/Crematory
X
X
X
X
X
X
P
Gas Station
C
C
C
C
C
P
Heavy Equipment
Boat Sales
X
X
P
Heavy Equipment/Machinery Rental Yard
C
X
P
Heavy Machinery Dealership
C
X
P
RV/Boat Storage
X
X
P
Min. lot 3 acres, min. asphalt pavement, front of property must be landscaped, and install a site barring fence with security system and lighting
Trailer/Truck Rental
X
P
Trailer/Truck Repair
X
P
Tractor Sales and Rental
C
X
P
Hotel/Motel/Resort
X
X
X
X
X
P
Office (All Types)
X
X
X
X
X
P
Parking Garage/Lot (Commercial)
X
X
X
X
X
P
Personal and Consumer Services
Art Studio
X
X
X
X
P
Barber/Beauty Shop
X
X
X
X
P
Business, Professional School
X
X
X
X
P
Catering Service
X
X
X
X
P
Craft, Ceramic, Art Workshop
X
X
X
X
P
Dry Cleaning
X
X
X
X
P
Framing Shop
X
X
X
X
P
Laundromats
X
X
X
X
P
Optical/Eyeware Store
X
X
X
P
Personal Professional Services
C
C
C
C
C
X
X
X
X
P
Photography Studio
X
X
X
X
P
P
Piano Lessons
C
C
C
C
C
C
C
X
X
X
X
P
Swim Lessons
C
C
C
C
C
C
C
X
X
C
X
P
Tailor/Seamstress
X
X
X
P
Tattoo Studio
X
X
X
P
Wedding Venue
X
X
X
P
X
P
Retail Sales and Service
Antique Shop, Sales Indoors
X
X
X
P
Outdoor display with permit
Appliance Rental
X
X
X
P
Art Supply Store
X
X
X
P
Bakery or confectionary (wholesale)
X
X
X
X
P
Banking, ATM
X
X
X
X
X
P
Book, Stationery Shop or Newsstand
X
X
X
P
Building Material Sales
X
X
P
Cabinet/Furniture Shop
X
X
P
Cleaning, dyeing or laundry plant
X
P
Computer Sales or Service
X
X
X
X
X
P
Contractor storage or equipment yard
C
X
P
Consignment Store (inside)
X
X
X
P
Copy Shop
X
X
X
X
P
Custom Manufacture and Assembly Shop
X
X
X
X
X
P
Custom Personal Service Shop
X
X
X
P
Day Care Center (Child or Adult)
X
X
X
X
P
Discount or Department Store
X
X
X
P
Drapery, Needlework or Weaving Shop
X
X
X
X
P
Drug Store or Pharmacy
X
X
X
X
P
Flea market (indoors)
X
X
X
P
Flea Market (outdoors)
C
C
P
Florist Shop
X
X
X
P
Hemp Shop
X
X
P
Subject to state reg.
Lithographic or print shop
X
X
X
X
P
Maintenance and repair service for building
X
P
Mini-storage warehouse
C
C
P
Open storage of furniture, app., or machinery
C
X
P
Paint shop
X
X
X
X
P
Retal Bakery
X
X
X
X
P
Upholstery shop
X
X
X
P
Welding shop
X
P
INDUSTRIAL
General
Auto/Truck Assembly/Manufacturing Plant
X
P
Boat Assembly/Manufacturing Plant
X
P
Concrete/Asphalt Plant
X
P
High Risk/Hazardous Materials
C
P
Fertilizer Plant
C
P
Grain/Feed Processing Plant
X
X
P
Foundry/Metals Manufacturing Plant
X
P
Home Appliance Manufacturing Plant
X
P
Industrial/Commercial Equipment Plant
X
P
Oil & Gas Exploration (Drilling Activity)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Oil & Gas Exploration (Producing Well)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Sand/Gravel Extraction
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Wood Products Manufacturing Plant
X
P
Recycling Facilities
Recycling Center/Collection
X
X
X
P
Recycling Center (Hazardous Material)
C
P
Building Material Salvage Yard
X
P
Recycling Plant
X
P
Warehousing
Hauling and Storage Facility
X
P
Warehouse and Distribution Center
X
P
OTHER
Accessory Uses
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Accessory Structures
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Community Center (Public or Private)
X
X
X
X
Temporary
Carnivals/Circuses
T
T
T
T
T
T
T
Concert, Outdoor (Temp.)
T
T
T
T
T
T
T
T
T
T
T
T
T
T
Farmers Market
T
T
T
T
T
T
T
T
T
T
T
T
T
T
Festivals
T
T
T
T
T
T
T
T
T
T
T
T
T
T
Model Home
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Revival (Outdoor)
T
T
T
T
T
T
T
T
T
T
T
T
T
T
(Ordinance 2022-04-11(8B) adopted 4/11/22; Ordinance 2022-06-13(4A) adopted 6/13/2022; Ordinance 2022-09-12(8B) adopted 9/12/2022; Ordinance 2023-2-13(9E) adopted 2/13/2023; Ordinance 2025-05-12(12) adopted 5/12/2025)