In addition to all other land use restrictions contained in this chapter, the following requirements and regulations contained in division 2 of this article shall apply to all property located within the city.

(Ord. No. 091002-1, § 23, 9-10-2002)

The following table constitutes the land use matrix of this chapter:

S = Special Permit Required

* = Permitted Use

(Ord. No. 091002-1, 9-10-2002; Ord. No. 111220-02, § 1, 11-12-2020; Ord. No. 091621-02, § 1, 9-16-2021; Ord. No. 101421-01, § 1, 10-14-2021)

The gross area of the lot includes internal sidewalks, recreation areas, floor space, parking area, open space, utility easements, public right-of-way street easements, and alley easements. Where a minimum size is not specified, the intention of this chapter is that each lot shall be of sufficient size and dimension and have adequate access to a public right-of-way and utilities for its intended use after complying with the requirements set forth in this chapter and other applicable ordinances and shall be compatible with those uses around it.

(Ord. No. 091002-1, § 24.a, b, 9-10-2002)

Unenclosed carports may be built within five feet of the rear property line when using an alley for access.

(Ord. No. 091002-1, § 24.c, 9-10-2002)

Only one primary residential structure may be erected on a multifamily lot, if that is the only usage.

(Ord. No. 091002-1, § 24.d, 9-10-2002)

The city council has the power to pass an ordinance establishing a setback line greater than in the area requirements listed in each district, where exceptional conditions so require. One specific condition allowing for greater setback requirement would be along proposed and existing thoroughfares as designated in the adopted thoroughfare plan. Where a townhouse is not separated from an adjacent structure by a firewall, the setback from each side lot line shall be 7½ feet on each side. Side yard setback on corner lots shall be 15 feet. On double frontage interior lots, the street to which the residence fronts shall define the front yard which shall be subject to the front yard setback regulation; the rear setback shall be 20 percent of the double frontage lot depth. Residences on double frontage corner lots shall front in the same direction as interior lots.

(Ord. No. 091002-1, § 24.e—g, 9-10-2002; Ord. No. 030917-02, § 1, 3-9-2017)

The ordinary projections of roof overhangs, including eaves, cornices, gutters and downspouts, may project beyond a required setback line a distance of up to 36 inches. At no time however, may such a projection extend to within five feet of any lot line.

(Ord. No. 091002-1, § 24.h, 9-10-2002)

An accessory building not exceeding 20 feet in height may occupy no more than the percentage coverage of the required rear yard specified within the district requirements. An accessory building, however, shall be no closer than ten feet to the main building, and no closer than five feet to the side or rear lot line and no closer than 15 feet to a street side lot line.

(Ord. No. 091002-1, § 24.i, 9-10-2002)

Fences or shrubbery along front property lines and corner lot street side property lines in residential zoning districts shall not obstruct the view of motorists traveling on such streets, and shall not inhibit nor interfere with the safe movement of vehicular traffic. Fences or shrubbery along front property lines and side lot lines from the front property line to the front building setback line on interior lots shall not exceed four feet in height. Permits for rear yard privacy fences on double frontage corner lots having one lot utilized as the rear yard may be approved after a line-of-sight study is performed to determine a configuration of the rear yard privacy fence that does not obstruct the view of motorists traveling on such streets and does not inhibit nor interfere with the safe movement of vehicular traffic. Shrubbery similarly installed does not need a permit, but is subject to a zoning violation if the view of motorists traveling on such streets is obstructed.

(Ord. No. 091002-1, § 24.j, 9-10-2002; Ord. No. 030917-02, § 2, 3-9-2017)

Modular homes are prohibited in the R-1 district.

(Ord. No. 071306, § 1, 7-13-2006)

Except when actually loading or unloading, prohibition of parking or storage of backhoes, bobcats, bulldozers, or construction equipment unless screened, and establishing a penalty for violation:

(1)

The parking of trucks over 25 feet in length in the R-1 single-family dwelling district for any length of time is prohibited except when actually loading or unloading.

(2)

The parking or storage of a backhoe, bobcat, bulldozer, or construction equipment in the R-1 single-family dwelling district for any length of time is prohibited unless such backhoe, bobcat, bulldozer, or construction equipment is screened so that it is not visible from a public street or neighboring lot.

(3)

Any person who shall violate the provisions of subsection (a) or (b) of this section shall be guilty of a misdemeanor and upon conviction shall be fined as provided in section 1-13 of the Code of the City of Selma. Each day any violation of this section shall continue shall constitute a separate and distinct offense.

(Ord. No. 091318-02, § 2, 9-13-2018)

Note— See the editor's note at Ch. 82, Art. V, Div. 2.

In all districts there shall be provided at the time any building or structure is erected or structurally altered off-street parking spaces in accordance with the requirements of this division.

(Ord. No. 091002-1, § 25, 9-10-2002)

Minimum requirements for off-street parking are as follows:

(1)

Single-family attached and detached dwelling units: two parking spaces per dwelling unit.

(2)

Duplexes or two-family dwelling units: two parking spaces per dwelling unit.

(3)

For any multifamily dwelling or condominium in any zoning district or for any structure altered into a multifamily dwelling from any other classification, off-street parking spaces shall be provided in accordance with the following schedule. For each:

a.

Efficiency apartment: One space.

b.

One-bedroom apartment: 1.25 spaces.

c.

Two-bedroom apartment: 1.75 spaces.

d.

Three-bedroom apartment: 2.25 spaces.

e.

Each additional bedroom: 0.75 spaces.

Where offices are provided on the site, visitor parking must be provided as per the office parking requirements outlined in this division. Where clubhouses are provided on the site, appropriate off-street parking must be provided as per the nightclub requirements outlined in this division.

(4)

Classrooms: one space for each classroom, plus one for each ten students.

(5)

Libraries, laboratories and student centers: one space for each 500 feet of floor area.

(6)

Men's and women's dormitories, fraternity houses, and sorority houses: one space for each room to be utilized for sleeping purposes, or one space for each two beds, whichever number is greater.

(7)

The regulations of subsections (4)—(6) of this section shall not apply to private schools which do not permit students to bring motor vehicles to the institution; however, the educational institution shall be required to provide adequate off-street parking for faculty, administrative personnel, and athletic events, including visiting of parents and/or other personnel.

(8)

Dance, assembly and exhibition halls without fixed seats: one space for each 100 square feet used for assembly or dancing.

(9)

Theaters, auditoriums, assembly halls, sports arenas, stadiums: one space for each three seats in the main auditorium or seating area.

(10)

Commercial uses, office and professional buildings outside of the central business district, unless otherwise mentioned in this section, shall be required to have three spaces for up to 200 square feet of floor area, plus one space for each additional 200 square feet of floor area.

(11)

Restaurant, nightclub, cafe or similar recreation or amusement establishment: one parking space for each 100 square feet of floor area, or one space for each four seats, whichever is greater.

(12)

Hotel or motel: one parking space for each sleeping room or suites plus one space for each 200 square feet of commercial floor area contained therein.

(13)

Hospital: one parking space for each bed.

(14)

Sanatorium, convalescent home, home for the aged or similar institution: one parking space for each two beds.

(15)

Medical or dental clinics: five parking spaces for each doctor or dentist, or in accordance with subsection (10) of this section, whichever number is greater.

(16)

Bowling alley: five parking spaces for each alley.

(17)

Mortuary or funeral home: one parking space for each 50 square feet of floor space in slumber room parlors or individual funeral service rooms.

(18)

Churches: one parking space per five seats based on full capacity of church sanctuary space.

(19)

Manufacturing plants, research laboratories: one for each 1.5 employees in the maximum work shift.

(20)

Warehouses: one for each employee in the maximum work shift.

(21)

Terminal facilities, truck terminals and other similar personnel and/or material facilities: one for each 200 square feet of floor area when no warehousing facilities are provided; one for each 700 square feet when warehousing facilities are provided.

(22)

Bus depots: one for each 100 square feet of floor area.

(23)

Lumberyards and wholesale establishments: one for each 150 square feet of sales floor area, plus one for each warehouse employee.

(24)

Unclassified use: Where the proposed land use cannot be classified within the uses herein specified, the city council shall determine the specified use most closely related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use.

(25)

A public street shall not be classified as off-street parking in computing the parking requirements for any use.

(26)

Parking spaces used for the parking of trucks or buses shall not be counted towards meeting the requirements of this section.

(27)

If the owner of a piece of property has insufficient street frontage to comply with the parking requirements of this section, the city council may grant permission to lessen the parking requirements.

(28)

When the computation for the number of parking spaces required under this chapter results in the requirements of a fractional space, the fractional space requirement shall be satisfied by adding one additional space to the whole-space total.

(29)

Off-street loading requirements: In all zoning districts there shall be provided in connection with appropriate allowable uses, off street loading facilities in accordance with the following requirements: Any department store, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishment, which has an aggregate gross floor area of 10,000 square feet or more, arranged, intended or designed for such use shall be provided with off-street truck loading or unloading berths at least 12 feet wide, 14 feet high and 35 feet long in accordance with the following table. There shall be sufficient space to ensure that all maneuvering required to utilize such loading space will not include street right-of-way.

For each additional 90,000 over 490,000, one additional berth.

(30)

Off-street parking for small vehicles: Any multifamily, commercial or industrial use may provide up to 25 percent of the total off-street parking requirement in small or compact vehicle spaces. All small vehicle spaces shall be designated as being for such use. Each such parking space shall not be less than 7½ feet in width. Stall lengths and maneuvering room shall be in accordance with angle parking in section 82-703(4)a, b and c.

(Ord. No. 091002-1, § 25.a, 9-10-2002; Ord. No. 041317-01, § 1, 4-13-2017)

All parking areas and spaces shall be designed and constructed in accordance with this division and standards adopted from time to time by the city council.

(1)

All parking areas and spaces shall be designed and constructed so as to have free ingress and egress at all times.

(2)

No parking space or parking area shall be designed so as to require a vehicle to back into a public street or across a public sidewalk, except in the case of one-family and two-family dwelling units.

(3)

No parking space or parking area shall be constructed with a slope of more than six percent. In such cases, where a variance may be granted to construct a parking area with a slope of more than six percent, which in no instance shall exceed 12 percent, each parking space shall be constructed at right angles to the slope. If the city council shall consider a variance, the city council shall have the authority to impose drainage standards calculated to minimize the effect of the increased slope.

(4)

Minimum dimensions for off-street parking are as follows:

a.

Ninety-degree angle parking. Each parking space shall not be less than nine feet in width and 20 feet in length. Maneuvering space shall be not less than 25 feet.

b.

Sixty-degree angle parking. Each parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 20 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be not less than 18 feet perpendicular to the building or parking line.

c.

Forty-five degree angle parking. Each parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 18½ feet in length when measured at right angles to the building or parking line. Maneuvering space shall be not less than 15 feet perpendicular to the building or parking line.

d.

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

e.

When off-street parking facilities are provided in excess of the minimum amounts specified in this division, or when off-street parking facilities are provided, but not required by this chapter, such off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space specified in this division.

(5)

Pavement standards. All parking lots shall be paved according to city standards and specifications. The parking lanes shall be not less than four feet wide and clearly marked by white or yellow paint, buttons or other approved material. Curbstops of reinforced concrete shall be provided.

(6)

No parking area more than three parking spaces in depth shall be designed or constructed which ends in a dead end unless adequate turnaround space is provided.

(7)

All entrances or exits in a parking area shall be a minimum of 30 feet from the beginning point of any corner radius.

(8)

All entrances or exits in a parking area shall be a minimum of 24 feet and a maximum of 30 feet in width, unless one-way, in which case they shall be a minimum of 12 feet for exits.

(9)

The driveway approach angle to any parking area shall be a maximum of 16 degrees, the departure angle a maximum of ten degrees, and the ramp angle a maximum of 11 degrees.

(10)

All parking areas or parking spaces shall be set back a minimum of five feet from any public right-of-way.

(11)

Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjacent residential property. Specifically, lights with no cutoff type luminaries shall be no higher than ten feet and shall have a maximum illumination measured at the lot line at ground level of 0.20 candlepower. Lights with a cutoff type luminaries shall be no higher than 20 feet with a maximum illumination measured at the lot line at ground level of 0.30 candlepower. Lights with a luminaire of less than 90 degree cutoff shall be no higher than 20 feet with a maximum illumination measured at the lot line at ground level of 0.50 candlepower. Streetlights authorized by the city for the health, safety and welfare of its citizens are exempt from this subsection.

(12)

Any use of property existing at the time of adoption of the regulations and standards of this chapter that does not conform with such regulation and standards prescribed in this section shall be deemed a nonconforming use and subject to the terms and conditions of article IV of this chapter. When any applicable nonconforming structure is structurally altered, adequate parking spaces which meet the requirements of the regulations and standards adopted in this section shall be required for the entire structure and use.

(13)

No occupancy permit shall be issued by the chief building inspector of the city until the terms and conditions of this chapter have been met, as certified by the office of the director of public works.

(14)

All parking areas and parking spaces shall be designed and constructed to protect adjacent residences from the direct glare of headlights of vehicles using the parking area. In accordance, all off-street parking areas shall be effectively screened on each side by a solid wall or fence from any adjoining property zoned single-family.

(Ord. No. 091002-1, § 25.b, 9-10-2002)

The purposes of this division shall be to:

(1)

Protect and enhance property values through the improvement of curbside areas; screening conflicting land uses; landscaping parking lots and building areas;

(2)

Use planting materials to clear the air, conserve the soil, and prevent blowing dust and dirt;

(3)

Protect the health, safety, and welfare of the citizens of the city by preserving and maintaining vegetative cover which will reduce soil erosion, reduce flooding, provide shade, conserve energy and water resources, and enhance the attractiveness of the community;

(4)

Preserve native grasses, valuable trees and other vegetative cover by clustering development and replacing native grasses and trees when they are displaced by development.

(Ord. No. 091002-1, § 26, 9-10-2002)

(a)

The planting and screening requirements of this division shall apply to all land development in the city subsequent to the passage of the ordinance codified in this section.

(b)

Applications for new construction, additions, or remodeling with a value of over $10,000.00 shall meet the standards for planting and screening provided in this division before a building permit is issued. Excluded are areas within the I-35 overlay district, where highway corridor planting standards apply, as provided in chapter 82, article VII, division 2. A planting and screening plan and tree preservation plan containing the information and meeting the requirements set forth in section 82-724, planting and screening plans, is required.

(c)

When the requirements of this division conflict with the requirements of other provisions of this chapter or other ordinances, this division shall prevail.

(Ord. No. 091002-1, § 27, 9-10-2002; Ord. No. 011223-01, § 1, 1-12-2023)

Ten percent of the total land area in any proposed development shall be planted. This ten percent requirement shall apply to each phase as it is developed in a phased project. At least 50 percent of the required planted open areas shall be located in the street yard.

(Ord. No. 091002-1, § 28, 9-10-2002)

(a)

Prior to the issuance of a building, paving, grading or construction permit for any use other than single-family dwellings or duplex development, a planting and screening plan shall be submitted to the permits and inspections department for review and approval. For single-family dwellings or duplex development, a tree preservation plan per section 82-726 shall be submitted to the permits and inspections department for review and approval. The permits and inspections department shall review such plans and shall approve them if the plans are in accordance with the criteria of this section. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

(b)

Planting plans shall be prepared by a landscape architect, landscape contractor, landscape designer, or individual knowledgeable in plants, construction materials, and landscape design. Planting plans shall contain the following information:

(1)

A minimum scale of one inch equals 20 feet;

(2)

The location of all trees to be preserved, and the method of protection;

(3)

The location of all plants and construction material to be used including plants, paving, benches, screens, fountains, statutes, or other features;

(4)

Species of all plant material to be used (refer to plant list developed by the Texas Xeriscape Council);

(5)

The size of all plant material to be used;

(6)

The spacing of plant materials, where appropriate;

(7)

The layout and description of irrigation, sprinkler or water systems, including the placement of water sources;

(8)

A description of maintenance provisions for the planting and screening plan;

(9)

The persons responsible for the preparation of the planting and screening plan, address, telephone number, and occupation;

(10)

The landowner's or developer's name, address, and telephone number.

(Ord. No. 091002-1, § 29, 9-10-2002; Ord. No. 011223-01, § 2, 1-12-2023)

Credits may be applied to the overall planting requirement, as indicated in section 82-723, percent of area to be planted. However, in no instance shall the credits reduce the total amount of planting on a lot to less than three percent of the total land area. Credits may be obtained as follows:

(1)

For each newly planted or existing tree of at least three inches in trunk diameter, measured 12 inches above grade, which is maintained in a living and growing condition, 200 square feet of landscape credit will be applied to the overall landscape requirement.

(2)

For each newly planted or existing tree of at least six inches in trunk diameter, measured 12 inches above grade, which is maintained in a living and growing condition, 400 square feet of landscape credit will be applied to the overall landscape requirement.

(Ord. No. 091002-1, § 30, 9-10-2002)

(a)

Live oak and native elm trees having a nominal caliper of eight inches or more, measured 24 inches above the existing ground level, shall not be removed from the land except for one or more of the following reasons:

(1)

Such trees are horizontally located within the limits of a proposed building or so close to a proposed building as to believe the root system would eventually damage the foundation of the building, or the canopy of the tree would conflict with the roof system of the building after reasonable pruning is done and when considering anticipated future growth.

(2)

Such trees are located within a proposed parking or similar use area, and the removal of the same is necessary in order that at least 85 percent of the required number of parking spaces can be attained within such areas as could be obtained if the parking area did not contain trees.

(3)

Such trees are horizontally and/or vertically located so as to conflict with proposed building pads in cut or fill areas which extend beyond the limits described within subsection (a)(1) of this section.

(b)

Site plans shall accommodate existing trees by providing islands in parking lots, grading, routing streets around existing trees, and landscaping surrounding structures. No trees ten inches in caliper or larger measured 24 inches above the ground shall be removed without prior approval of the city council.

(Ord. No. 091002-1, § 31, 9-10-2002; Ord. No. 011223-01, § 3, 1-12-2023)

(a)

Plant material, decorative material, or a combination of both, should be located near buildings on the site to aesthetically integrate each building into the overall site, to visually soften the massiveness of buildings and to separate the buildings from the parking lot.

(b)

Plant materials should be located where they will be visible from public streets, sidewalks and other heavily used areas.

(Ord. No. 091002-1, § 32, 9-10-2002)

(a)

Screening is required along front, side and rear property lines for parking lots with more than ten parking spaces or 4,000 square feet, whichever is less, and where parking is located within 20 feet of a property line. Specific requirements are set forth as follows:

(1)

The planted areas along front lot lines shall be a minimum of eight feet wide, of which two feet may be in the right-of-way if it does not interfere with the sidewalk or placement of utilities. Minimum planting shall consist of a compact hedge of five-gallon size plants having a minimum mature height of four feet and planted at a density of one plant for every 20 square feet. An alternative to this type of screening is a continuous three-foot high solid wall set back no less than four feet from the back of the sidewalk. The area between the sidewalk and wall shall be planted with shrubs, grasses, or other continuous vegetative groundcover.

(2)

The landscaped area along the side and rear lot lines shall consist of one or more of the following:

a.

A minimum three-foot wide planting strip with a compact hedge of five-gallon size plants having a minimum mature height of six feet and planted at a density of one plant for every 15 square feet or every five linear feet.

b.

A minimum three-foot tall solid wall lined with trees spaced a minimum of 20 feet apart. Trees shall be a minimum of 1½ inches caliper and six feet in height at time of planting. Trees shall be planted in planting areas of at least four feet by four feet.

c.

A six-foot tall solid wall or fence constructed of opaque materials combined with a minimum three-foot wide planting strip planted with trees, shrubs, groundcovers or trailing vines.

(3)

Vehicles may not overhang the minimum required planted area.

(4)

Planting shall not be installed in such a manner as to interfere with traffic view or impose a safety hazard.

(b)

Interior planting is required for parking lots with more than 20 parking spaces or 10,000 square feet, whichever is less. Interior planting shall cover a minimum area equivalent to 160 square feet for every 20 parking spaces. In addition:

(1)

Interior planting shall provide shading and a visual break to the parking lot surface. Plant material shall consist of a minimum of one tree every ten parking spaces. The shade trees shall be a minimum of 1½ inches caliper and six feet tall at the time of planting, and have a 20-foot minimum mature height.

(2)

Additional planting under trees is not required. However, nonvegetative cover including, but not limited to, gravel or bark is required if understory planting is not provided.

(3)

Border plantings adjacent to buildings and front, side, and rear lot lines and landscaping shall not be considered interior planting.

(4)

Interior planting shall have a minimum area of 160 square feet and a minimum dimension of four feet.

(5)

Interior planting shall be uniformly distributed throughout the parking lot, unless cluster type planting is approved.

(6)

Adequate aeration inserts shall be provided where paving will extend over expanding root systems (inside maximum anticipated drip line).

(Ord. No. 091002-1, § 33, 9-10-2002)

When a nonresidential use or residential apartment is established on a lot or premises located adjacent to any residential zoning district, a six-foot high opaque fence, or alternate form of screening wall, if so determined by the city council, shall be erected and maintained along the property line to provide visual screening. The provisions of this section shall not apply where districts are separated by a public street, railroad right-of-way, drainage ditch, or canal with a minimum easement or right-of-way of 30 feet.

(Ord. No. 091002-1, § 34.a, 9-10-2002)

Screening may consist of a single material or a combination of materials and/or methods. The material selected for the fence shall be appropriate for its intended use and in harmony and compatible with the architecture of the site and adjacent existing materials. A required screening fence or wall shall be a wood diagonal, horizontal, or vertical stockade type privacy fence although the posts and rails shall be metal or masonry. In addition, hedges or other dense planting material may serve as an appropriate screening method. However, vegetative growth will need to meet the required height and visual barrier requirements of this chapter within two years of planting. Landscaped berms may, when appropriate in scale, be used as a screening element in lieu of a fence, wall, hedge, or other dense planting material. If the proposed screening is not deemed adequate by the planning and zoning commission, the commission may require a screening material that is deemed appropriate.

(Ord. No. 091002-1, § 34.b, 9-10-2002)

All wrecking yards (junkyards and salvage yards) and salvage yards with open storage of wrecked or salvaged automobiles, machinery, appliances, or other used commodities and equipment shall surround such open storage with a solid screening wall or fence not less than eight feet in height. In no instance will material be allowed to be stacked to a height which exceeds the height of the fence.

(Ord. No. 091002-1, § 34.c, 9-10-2002)

(a)

Screening shall be required along the frontage of all residential developments which front major or secondary arterials.

(b)

The purpose of the screening is to screen the development from the street and to diminish the effects of street noise on the development. Plans for the screening of street frontages are required and shall include a description of screening materials, dimensions, and location. In order to avoid a tunneling effect where a development borders on major or secondary arterials for more than one city block, developers are encouraged to vary the screening material.

(c)

As an alternative to screening, the developer shall provide a 50 linear foot setback. The setback shall consist of undisturbed trees, shrubs, and grasses, or new planting treatment consisting of continuous vegetative groundcover and one tree or shrub for every 50 square feet of setback. Twenty-five percent of the nongroundcover plant material shall be trees. Newly planted trees shall be a minimum of 1½ inches caliper at the time of planting, and shrubs shall be of five-gallon size at the time of planting.

(Ord. No. 091002-1, § 34.d, 9-10-2002)

(a)

Native vegetation shall be preserved and protected in common open space areas to the greatest extent possible.

(b)

One newly planted 1½-inch caliper tree shall be required for every 500 square feet of required common open space. Trees shall be randomly spaced, and existing trees over three inches in trunk diameter shall count toward the required total. For required common open space over 2,500 square feet, at least 20 percent but no more than 50 percent, of all trees shall be deciduous varieties and shall be located so as to provide shade to the most accessible portions of the common open space.

(c)

For multiple-family projects, a minimum of 25 percent of all required common open space shall be developed as a recreational amenity such as a pool, tennis court, or other outdoor recreational facility, or shall be planted in sod, turf or native grasses and be designed and located to allow for both active and passive recreation. In no case shall the slope of this area exceed ten percent as verified by means of perimeter and internal spot elevations shown on the site plan.

(d)

All required vegetative screening and open space planting required shall comply with the standards set forth in section 82-724, planting and screening plans, including the submittal of a planting and screening plan and a description of the type of irrigation system to be installed or utilized.

(Ord. No. 091002-1, § 34.e, 9-10-2002)

All planting and screening shall be the responsibility of the property owner. It shall be permanently maintained as follows:

(1)

Planted areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.

(2)

All plant material shall be maintained by mowing, watering, pruning, etc., to be kept in a healthy and growing condition as is appropriate for each season of the year.

(3)

Plant materials which die shall be replaced with plant material of similar variety and size within one calendar year.

(4)

Fences and walls shall be maintained in good condition by cleaning, painting, or replacing broken or damaged sections when required.

(Ord. No. 091002-1, § 35, 9-10-2002)

The purposes of this division are as follows:

(1)

Protect the public health, safety and welfare by preventing the decline of residential and business neighborhoods and the growth of criminal activity;

(2)

Promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city; and

(3)

Avoid imposing a limitation or restriction of the content of any communicative materials, including sexually oriented materials, to avoid restricting or denying access by adults to sexually oriented materials protected by the First Amendment, and to avoid denying access by distributors and exhibitors of sexually oriented entertainment to their intended market.

(Ord. No. 091002-1, § 36, 9-10-2002)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(3)

Films, motions pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult motel means a hotel, motel or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

(2)

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

(3)

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

Adult novelty store or adult video store means a commercial establishment which as its principal business purpose offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas"; or

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."

Chief of police means the chief of police of the city or designated agent.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

Establishment means any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The addition of any sexually oriented business to any other existing sexually oriented business; or

(4)

The relocation of any sexually oriented business.

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Nudity or a state of nudity means

(1)

The appearance of human bare buttocks, anus, male genitals, female genitals, or female breasts; or

(2)

A state of dress which fails to opaquely cover the human buttocks, anus, male genitals, female genitals, or areola of the female breasts.

Residential district means a single-family, two-family, townhouse, multiple-family or mobile home or trailer court included in the zoning districts R-1, TH-1, TH-2, ZL, MF-1, MF-2, and MF-3 of this chapter.

Residential use means a single-family, two-family, townhouse, multiple-family or mobile home park, mobile home subdivision, or trailer court use as included in the zoning districts R-1, TH-1, TH-2, ZL, MF-1, MF-2, and MF-3 of this chapter.

Seminude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offer for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.

Sexually oriented business means an adult arcade, adult novelty store, or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

Specified anatomical areas means human genitals in a state of sexual arousal.

Specified sexual activities means any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1)—(3) of this definition.

Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent, as the floor area exists on September 10, 2002.

Transfer of ownership or control of a sexually oriented business means any of the following:

(1)

The sale, lease or sublease of the building;

(2)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(3)

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. No. 091002-1, § 37, 9-10-2002)

Cross reference— Definitions generally, § 1-2.

(a)

Notwithstanding any other provisions of this chapter, no sexually oriented business shall be established or maintained within 500 feet of property classified as any of the following: R-1, TH-1, TH-2, ZL, MF-1, MF-2, MF-3, A-R, P, OP, C-1, C-2, or PUD. Measurement shall be made in a straight line from the nearest boundary of property so zoned to the nearest part of the building in which such use is made, if the same commercial activity occupies the entire building; provided, however, that in the case of a building which is divided into separate rental or ownership spaces devoted to different uses or enterprises, measurement shall be made to such space or unit of the building in which such use is made; and further provided, that if the activity is an outdoor (drive-in) movie, measurement shall be made to the nearest part of the land devoted to such use.

(b)

In addition to the provisions of subsection (a) of this section, no sexually oriented business shall be established or maintained within 1,500 feet of the property line of a lot with any of the following uses:

(1)

A church;

(2)

A public or private elementary or secondary school;

(3)

A public park adjacent to a residential district; or

(4)

A residential use.

(c)

In addition to subsections (a) and (b) of this section, no sexually oriented business shall be established or maintained within 1,000 feet of another sexually oriented business.

(d)

In addition to subsections (a)—(c) of this section, no sexually oriented business shall be established, maintained, or enlarged in the same building or structure containing another sexually oriented business.

(e)

For the purposes of subsection (b) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the lot line of a church or private elementary or secondary school, or public park, or residential lot.

(f)

For purposes of subsection (c) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(g)

Any sexually oriented business lawfully operating on the effective date of the ordinance from which this chapter is derived, that is in violation of this chapter shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming.

(h)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license of a church, public or private elementary or secondary school, public park, residential district, or residential lot within 1,500 feet of the sexually oriented business. This subsection applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.

(Ord. No. 091002-1, § 38, 9-10-2002)

(a)

It is an exception under this division that a person appearing in a state of nudity did so in a modeling class operated:

(1)

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

(2)

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

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

b.

Where in order to participate in a class a student must enroll at least, three days in advance of the class; and

c.

Where no more than one nude model is on the premises at any one time.

(b)

It is an exception under this division that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.

(Ord. No. 091002-1, § 40, 9-10-2002)

A person who operates or causes to be operated a sexually oriented business in violation of this division is subject to a suit for injunction as well as prosection for criminal violations.

(Ord. No. 091002-1, § 41, 9-10-2002)