This chapter shall be known as the "Zoning Ordinance."

(Ord. No. 225, § I, 1-11-1961)

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

Accessory building means a subordinate building or a portion of the main building the use of which is clearly incidental to and customarily found in connection with and located on the same building site as the main building or principal use of the land.

Accessory use means a use which is clearly incidental to and customarily found in connection with and on the same site as the main use of the premises.

Boardinghouse means a building other than a hotel or motel where meals or lodging and meals for three or more persons are provided for compensation.

Building means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels or property. The term "building" includes the term "structure."

Building, height of, means the vertical distance from the grade (elevation of the curb, sidewalk or average elevation of the ground around the structure) to the highest point of the coping of a flat roof, or to the deck lien of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.

Dwelling means a building or portion thereof, designed or used for residential occupancy, including one family, two family, or multiple family dwellings, but not including boarding and lodging houses, hotels, or tourist courts.

Dwelling, multiple-family, means a single building or portion thereof, arranged or designed for occupancy by three or more families living independently of each other.

Dwelling, single-family, means a detached building arranged or designed for occupancy by only one family.

Dwelling, two-family, means a building arranged or designed for occupancy by two families living independently of each other.

Family means a person or persons occupying a dwelling, living together and maintaining a common household, with not more than two boarders or roomers.

Farm means an area used for the growing of the usual farm products and their storage on the premises, as well as the raising thereon of the usual farm animals and poultry.

Frontage means all the property abutting upon one side of a street between two intersecting streets measured along the street line.

Garage, private, means an accessory building used only by the occupants of the building to which it is accessory, for the storage of motor-driven vehicles. Not more than one of the vehicles may be a commercial vehicle and that one of not more than three-ton capacity.

Garage, public, means a building or portion thereof other than a private garage used for the equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.

Home occupation means an occupation or profession carried on by a member of the immediate family residing on the premises, provided no commodity is sold upon the premises; no person is employed other than a member of the immediate family; and no mechanical equipment is used except such as is permissible for domestic purposes.

Lodging (or rooming) house means a building other than a hotel or motel where lodging for three or more persons is provided for compensation.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, yard areas, and parking spaces required by this chapter, and having its principal frontage upon a street.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot, depth of, means the distance from the front street line to the rear line measured in the mean direction of the side lot lines.

Lot of record means a lot or parcel of land, the deed to which has been recorded in the office of the county clerk, prior to the adoption of the ordinance from which this chapter is derived.

Lot width means the mean distance between side lot lines measured at right angles to the depth of the lot.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of the ordinance from which this chapter is derived which does not conform with the regulations of the district within which it is located.

Parking space means an area of not less than 180 square feet exclusive of driveways, permanently reserved for the temporary storage of one motor vehicle and connected with a street or alley by a driveway which affords satisfactory ingress and egress for vehicles.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half, means a space under a sloping roof at the top of the building, the floor of which is not more than two feet below the plate shall be counted as a half-story when not more than 60 percent of said floor area is used for rooms, baths, or toilets. A half-story containing independent apartment or living quarters shall be counted as a full story.

Street means a public thoroughfare which affords the principal means of access to abutting property.

Structural alterations means any change in structural members of a building, such as walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires permanent location on the ground.

Trailer camp, mobile homes park means any lot or parcel of land which is used or offered for the accommodation of one or more trailers (or mobile homes) which are used for living, sleeping, business, or storage purposes.

Yard means an open space on the same lot with a building unobstructed from the ground upward.

Yard, front, means that portion of a yard extending across the front of a lot between the side lot line, and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projections of the uncovered steps, uncovered porches, or terraces. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, rear, means that portion of a yard extending across the rear of the lot measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entranceways.

Yard, side, means that portion of a yard between the main building and the side line of the lot and extending from the front yard to the rear yard.

(Ord. No. 225, § II, 1-11-1961)

(a)

For the purposes of this chapter the city is divided into five zoning districts to be known as follows: .....

(1)

R-1 1st. Residential District. .....

(2)

R-2 2nd. Residence District. .....

(3)

B-1 1st. Business District. .....

(4)

B-2 2nd. Business District. .....

(5)

I Industrial District. .....

(b)

The boundaries of the districts are shown upon a map which is made a part of this ordinance and which map is designated as the zoning district map. The zoning district map and all the information shown thereon is a part of this chapter and have the same force and effect as if the zoning district map and all the information shown thereon were all fully set forth or described herein. The original of this map is properly attested and on file with the city clerk. .....

(c)

No building shall be erected or structurally altered, nor shall any building or premises be used for any purpose other than permitted in the district in which such building or premises is located. No lot area shall be reduced or diminished so that yards shall be smaller than prescribed by this chapter, nor shall the lot area per family be reduced in any manner except in conformity with the regulations hereby established for the district in which such building is located. .....

(Ord. No. 225, § III, 1-11-1961)

In any R-1 1st. Residential District, the following uses only are permitted:

(1)

Single-family dwellings. .....

(2)

Two-family dwellings. .....

(3)

Multiple-family dwellings. .....

(4)

Churches, schools, and public buildings. .....

(5)

Public parks and playgrounds. .....

(6)

Golf courses and private clubs but not including those operated as a commercial enterprise. .....

(7)

Truck gardens, farms, orchards, and nurseries, but not the raising of livestock. .....

(8)

Institutions of a religious or philanthropic nature, but not including penal or mental institutions. .....

(9)

Home occupations where no name-plate is used in connection with said use which exceeds two square feet in area. Such name-plate shall be flat against the wall of the main use building. .....

(10)

Accessory buildings and accessory uses customarily incidental to the above uses. The term "accessory building" should also include church, school, and similar bulletin boards, or signs not exceeding ten square feet in area appertaining to the lease, hire, or sale of the building or premises, and provided further that such boards or signs shall be removed as soon as the premises are leased or sold, but in no event shall more than one sign of the above character be permitted upon any lot, except for the display of construction signs during the time a building is under construction. .....

(Ord. No. 225, § IV, 1-11-1961)

In any R-2 2nd. Residence District, the following uses only are permitted: same as for R-1 1st. Residence District.

(Ord. No. 225, § V, 1-11-1961)

In any B-1 1st. Business District, the following uses only are permitted:

(1)

Any use permitted in the R-1 1st. Residential District. .....

(2)

Stores and shops where goods are sold and services are rendered primarily at retail. .....

(3)

Hotels, boarding and lodging houses. .....

(4)

Motels, motor hotels, and tourist courts. .....

(5)

Offices. .....

(6)

Off-street parking lots for the parking of automobiles. .....

(7)

Theaters (except drive-in theaters), assembly halls, and cafes. .....

(8)

Public garages, filling stations, and automobile repair shops. .....

(9)

Plumbing shop. .....

(10)

Printing shop. .....

(11)

Shoe, tire, or electrical repair shop or similar trade. .....

(12)

Tinsmith shop. .....

(13)

Wholesale merchandising. .....

(14)

Accessory buildings and uses customarily incident to the above uses. .....

(15)

Storage provided it is limited to a reasonable supply of those articles which are to be used, displayed, or sold on the premises. .....

(16)

Advertising signs, billboards, and bulletin boards. .....

(17)

The following uses when approved by and subject to such requirements as the board of adjustment may consider necessary to protect adjacent property and prevent conditions which may become objectionable: .....

a.

Drive-in theaters. .....

b.

Trailer camp or park, or mobile homes park limited to the B-1 1st. Business District, provided that 2,500 square feet of lot area is provided for each unit. .....

(18)

Amusement/gaming machine establishment. An amusement redemption machine is a skill or pleasure coin-operated machine that is designed, made and adapted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys, novelties, or a representation of value redeemable for those items. .....

(Ord. No. 225, § VI, 1-11-1961, Ord. No. 723, 6-17-2003)

In any B-2 2nd. Business District, the following uses only are permitted: Any use permitted in the B-1 1st. Business District.

(Ord. No. 225, § VII, 1-11-1961)

In any I Industrial District, the following uses are permitted:

(1)

Any use permitted in the B-1 Business District. .....

(2)

And, in general, any use not in conflict with the enacted laws of the state, or any ordinances of the city except any trade, industry, or purposes which, in the opinion of the board of adjustment, when conducted under proper and adequate conditions and safeguards may create corrosive, toxic, or noxious fumes, gas, smoke, or odors, or offensive dust, vapor, noise or vibration. Provided, further, that no building or premises shall be used for any of the following specific purposes until approved by and subject to such requirements as the board of adjustment may consider necessary to protect adjacent property and prevent conditions which may become objectionable or offensive: .....

a.

Acid manufacture. .....

b.

Dead animals, reduction of. .....

c.

Distillation of bones. .....

d.

Fat rendering. .....

e.

Fertilizer, manufacture of. .....

f.

Garbage, disposal. .....

g.

Glue, manufacture of. .....

h.

Junk yards and auto salvage. .....

i.

Stock yards or slaughtering of animals. .....

j.

Wholesale storage of gasoline. .....

k.

Any other use of buildings, or land that would be extremely hazardous to the public health, safety, or general welfare. .....

(Ord. No. 225, § VIII, 1-11-1961)

(a)

Purpose of district. The purpose of this district is to provide adequate space and restrictions for the placement of manufactured, mobile, and modular homes in the city. The MH district is established to provide housing densities compatible with existing and proposed neighborhoods by providing alternate housing types both in construction and economy within an approved manufactured home park or subdivision. No manufactured homes or mobile homes shall be allowed to be placed on any parcel or lot, except on lots located within an approved manufactured home park or subdivision. Manufactured homes shall be permitted on property zoned industrial, providing they are not used as storage and conform to city building code ordinances and regulations. .....

(b)

Use regulations. In the MH district, no building, structure, land or premises will be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the following uses and regulated by the following: permitted uses, manufactured home as a fixed dwelling, and manufactured home park. .....

(Ord. No. 745, § 1(VIII (A)), 9-27-2004)

The following words, terms and phrases, when used in sections related to HUD-Code manufacture homes and mobile homes, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

HUD-code manufactured home means a structure, constructed on or after June 15, 1976, meeting the National Manufactured Home Construction and Safety Standards Act as administered by the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term "HUD-Code manufactured home" does not include mobile homes or recreational vehicles as defined in this subsection.

Manufactured home means a HUD-Code manufactured home.

Manufactured home park means a tract of land not less than five acres in size under single ownership, which is designed and improved to contain two or more spaces available for long-term lease or rent to the public for the placement of manufactured homes, and which may include private streets, buildings, and other facilities and services for common use by the residents, in conformance with the applicable provisions of this chapter.

Manufactured home subdivision means a division of land not less than five acres in size for the purpose of sale of two or more lots intended to be developed with residential units including manufactured homes, and having all necessary public utilities, streets, and other facilities as required by section 58-14.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term "mobile home" does not include recreational vehicles as defined in this section.

Modular home means a pre-fabricated home assembled on a permanent foundation that is not a manufactured home, and that has been constructed and inspected so that it complies with the standard building code as currently adopted by the city.

Natural or artificial barrier means any river, pond, canal, railroad, levee, embankment, fence or hedge, or road or alley.

Owner-occupied means a mobile home or HUD-Code manufactured home that is occupied by the lawful owner of the mobile home or HUD-Code manufactured home and the lot or land upon which it is placed.

Recreational vehicle means a vehicular-type portable structure without a permanent foundation that can be towed, hauled, or driven which is designed as a temporary living accommodation for recreational, camping, and travel use, and which includes, but is not limited to, travel-trailers, truck-campers, camping trailers, and self-propelled motor homes.

Skirt means a device for the concealment of the undercarriage of a HUD-Code manufactured home or mobile home from view, which shall be constructed of either pre-fabricated metal or wood siding.

Storage means placement or maintenance of a vacant HUD-Code manufactured home or mobile home within the city, whether in a manufactured home park or not, without lawfully connecting or subscribing to city electric, water, sewer or solid waste disposal services.

Tiedowns means metal bands or other sufficient material, attached to the HUD-Code manufactured home or mobile home and to the ground for the purpose of holding the structure down, which must be in compliance with state and federal laws and regulations.

(Ord. No. 745, § 1(VIII (B)), 9-27-2004)

It shall be unlawful for any person to store a HUD-Code manufactured home or mobile home within the city limits. HUD-Code manufactured homes and mobile homes existing prior to the adoption of the ordinance from which this section is derived are not exempt from this section.

(Ord. No. 745, § 2.1, 9-27-2004)

(a)

Recreational vehicle outside a manufactured park. It shall be unlawful for any person to occupy a recreational vehicle outside a manufactured home park for more than ten days, unless said occupancy is in conjunction with a related city-sponsored event. .....

(b)

Storage use of recreational vehicle. A recreational vehicle may be used for storage purposes only, if it is not occupied for any purpose, is not connected to any utilities, is parked on private property, does not violate any of the city's fire and traffic codes, and has a current vehicle registration. .....

(c)

HUD-Code manufactured home or mobile home; compliance regulations in manufactured home parks or industrial zoned property. It shall be unlawful for any person to place, occupy, or connect to city utilities, a HUD-Code manufactured home or mobile home within a manufactured home park or industrial zoned property without conforming to the following provisions: .....

(1)

Application. An application must be submitted to the city building inspector containing the following information: .....

a.

The name and address of the applicant. .....

b.

The location and legal description of the property on which the HUD-Code manufactured home or mobile home will be located. .....

c.

An affidavit by the applicant regarding the type of dwelling (whether HUD-Code manufactured home or mobile home) applied for and averring that the structure will be occupied. .....

d.

The requisite information to ensure that the installation and maintenance of the HUD-Code manufactured home or mobile home will be in accordance with the rules and regulations required by this section. .....

e.

Affidavit from the county appraisal district that not delinquent property taxes exist on the named HUD-Code manufactured home or mobile home. .....

(2)

Application fee. The application shall be accompanied by the application fee as outlined in the building permit fees ordinance that has been approved and adopted by the city council. .....

(3)

Installation. Approval for installation of HUD-Code manufactured homes or mobile homes shall be in an area designated, identified, and zoned as a manufactured home district or industrial. A special permit may be issued for installation of a mobile or manufactured home outside the designated district or industrial zone upon public hearing, as described in subsection (c)(5) of this section, conducted by the planning and zoning commission and further recommendation to the city council. The city council may give consideration for a variance based on this recommendation. .....

(4)

Review and application by city inspector. The city inspector shall review the application to ensure that all city regulations are complied with. The inspector shall also ensure that all utilities are readily available. In the event that the application does not comply with the provisions of the city, the inspector shall cause a written notice to be issued to the applicant indicating the deficiencies and requirements for curing same. The applicant shall have a period of 30 days in which to cure the deficiencies noted. Otherwise, a new application will be required. .....

(5)

Public hearing and issuance of permit. After review of the application, and if it otherwise complies with the rules and regulations for establishment of a HUD-Code manufactured home or mobile home on property outside a permitted area, then the inspector shall notify the applicant, in writing, and all property owners owning property, according to the most recent city tax rolls, within 200 feet of the lot for which an application has been submitted, of a public hearing to be held on the application. A fee in the amount of $150.00 shall be paid prior to scheduled date of public hearing, which shall be applied to publication costs and costs to notify property owners. A public hearing shall be held by the planning and zoning commission not less than ten days, nor more than 30 days, after such notification, at which time the commission shall determine whether the provisions of this section have been complied with. In cases of unavoidable necessity, the city council shall have the right to grant a variance to the applicant. The city council may also refuse to issue a permit to the applicant if the city council reasonably determines that the effect on the surrounding property and the appearance of the neighborhood will be adversely affected because of the size, appearance, relative placement or expected use of the structure. In the event of such refusal, the city council shall authorize the inspector to state in writing to the applicant the reasons for such refusal, in terms containing such specifics as will allow the applicant to correct any deficiencies, where possible. The city council may also establish reasonable conditions of approval for the license including such conditions that the city council may deem necessary to ensure compatibility with surrounding uses and to preserve the public health, safety, and general welfare. .....

(6)

Issuance of permit. The city council of the city shall consider the recommendation of the planning and zoning commission at its next regular meeting and approve or disapprove the issuance of the permit, outside a permitted area. .....

(Ord. No. 745, § 2.2, 9-27-2004)

HUD-Code manufactured homes and mobile homes that are presently being occupied in compliance with previous regulations of the city shall not be required to comply with the provisions of section 58-12, but if an existing structure is moved or substantially rebuilt, the permit procedure must be followed prior to its occupancy.

(Ord. No. 745, § 2.3, 9-27-2004)

It shall be unlawful for any person to construct, occupy, or connect to city utilities a manufactured home park without conforming to the following standards and provisions:

(1)

Application. An application must be submitted to the city building inspector containing the following information: .....

a.

The name and address of the applicant. .....

b.

The location and legal description of the property on which the park is to be located. .....

c.

A complete plan of the park showing compliance with this section. .....

d.

Copies of plans and specifications of all buildings and other improvements to be constructed must accompany the application, including water, sewer, gas, electricity, telephone, solid waste disposal and other such facilities. .....

e.

The requisite information to ensure that the establishment of the park shall comply with all rules and regulations applicable to such parts. .....

(2)

Application fee. The application must be accompanied by an application fee of $150.00. .....

(3)

Review of application by city building inspector. The city inspector shall review the application to ensure that all city regulations are complied with. The inspector shall also ensure that all utilities are readily available. .....

(4)

Public hearing. After review of the application, if the application otherwise complies with the rules and regulations for establishment of a manufactured home park, then the inspector shall notify in writing the applicant and all property owners owning property, according to the most recent city tax rolls, within 200 feet of the land for which an application has been submitted, of a public hearing to be held on the application. The planning and zoning commission, in accordance with the zoning ordinance, shall hold a public hearing and make recommendation to the city council. .....

(5)

Certificate issuance. An annual license fee of $150.00 plus $25.00 per unit space shall be paid at the time license is issued and by January 1 of each year thereafter. Upon payment of license renewal fee, the designated official shall issue a certificate renewing such license for another year. .....

(6)

Transfers of title. A mobile home, manufactured home license may be transferred by its owner along with a conveyance of the park upon which it is situated by the owner. A copy of the document transferring the license shall be filed with the city inspector. .....

(Ord. No. 745, § 2.3, 9-27-2004)

(a)

Manufactured home park plan. Manufactured home parks shall conform to the following requirements: .....

(1)

The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water; .....

(2)

Single-wide manufactured home lot: .....

(3)

Double-wide manufactured home lot: .....

(4)

Recreational vehicle park: .....

(5)

All manufactured home lots shall either abut upon a city street or shall abut upon an entryway to the park of not less than 20 feet in width which shall have unobstructed access to a public street or highway. All entryways to the park shall be constructed with, at a minimum, a limestone base to a depth of three inches or equivalent; .....

(6)

Walkways not less than two feet wide shall be provided from the manufactured home lots to the service building. The walkway shall be hard-surfaced, well-marked in the daytime and lighted at night; .....

(7)

For each manufactured home lot, there shall be two off-street parking spaces provided, with a minimum dimension of nine feet by 20 feet each. For every four manufactured home lots or recreational vehicle spaces, there shall be at least one visitor parking space. Such visitor parking space shall have a minimum dimension of nine feet by 20 feet and shall be not more than 150 feet from any manufactured home lot or recreational vehicle space. Not less than eight percent of the total gross site area shall be devoted to recreational purposes to relieve congestion of people. The recreational area includes space for community building, community use facilities, swimming pools, etc. The recreation area shall be centrally located and free of traffic hazards; .....

(8)

The structure of each HUD-Code manufactured home, mobile home or a recreational vehicle in a park shall be supported by and tied to a foundation and anchoring system meeting the current requirements of the Texas Manufactured Housing Standards Act as administered by the state department of housing and community affairs. Manufactured housing division, or successor agency, and the installation and maintenance of the structure shall otherwise be in accordance with federal and state laws and regulations; .....

(9)

A stoop, porch, patio or deck must be provided at each entrance to the manufactured home; .....

(10)

The space between ground level and the manufactured home or mobile home's floor level shall be skirted with non-degradable materials compatible in color, style and texture with the exterior of the home, if the concrete foundation does not already enclose that space; .....

(11)

All spaces for recreational vehicles shall be of hard surface construction of an adequate width, and length to provide adequate space for the location of the recreational vehicle. .....

(b)

Location. Manufactured home parks may be located only in conformity with the regulations of the city, and in addition to the requirements contained therein, each boundary of the park must be at least 50 feet from any permanent residential building located outside the park, unless separated there from by a natural or artificial barrier, or unless a majority of the property owners according to area within said 50 feet consent in writing to the establishment of the park. .....

(c)

Maintenance. Every person owning or operating a manufactured home park shall maintain such park, and any facilities, fixtures, and permanent equipment in connection therewith, in a clean and sanitary condition and shall maintain said equipment in a state of good repair. .....

(d)

Street development. General maintenance and development of streets and drives include a pavement seal with proper drainage, a street right-of-way for garbage pickup, fire lanes and emergency access and utilities. Internal streets or drives shall have a minimum pavement width of 24 feet that are continuous and connect with other internal or public streets and allow for two paved parking stalls of concrete, asphalt or an equal seal for each unit lot. If the internal street should become a dead end, a cul-de-sac shall be provided at the end having a minimum diameter of 80 feet, free of any parking and not exceeding 150 feet in length. Maintenance of all internal streets is the responsibility of the owner. Drainage by curb and gutter is required and should be integrated in the overall pavement width of the street. For dedication of the street system in a subdivision serving the general public, the developer/owner is required to follow street construction standards, which include curb and gutter and right-of-way requirements in the city subdivision ordinance. .....

(e)

New construction. Any new construction or addition in the park must comply with the building ordinances enforced at time of construction and with approval of the building inspector. .....

(f)

Office building. Each manufactured home park shall be provided with a building to be known and clearly designated as the office, in which shall be kept copies of all records pertaining to the management and supervision of the park, as well as, all rules and regulations of the park, and such records, rules and regulations shall be available for inspection by law enforcement officers, public health officials, and other officials whose duties necessitate acquisition of the information contained therein. .....

(Ord. No. 745, § 2.4, 9-27-2004)

It shall be the duty of the owner and his or her agent, representative, or manager to prescribe rules and regulations for the management of the park; to make adequate provisions for the enforcement of such rules; and to publish any such rules and regulations to the residents of such park. Copies of all such rules and regulations shall be furnished to the city council. In addition thereto, it shall be the duty of the owner, his agent, representative or manager to comply strictly with the following:

(1)

Provide for regular inspection of the water and sanitary conveniences; .....

(2)

Prohibit the placing or storage of unsightly material or vehicles of any kind; .....

(3)

Provide or demand that all manufactured homes, mobile homes or recreational vehicles have skirts and tiedowns within 60 days of placement; .....

(4)

Tiedowns shall comply with all applicable laws and regulations of the state and the United States. .....

(Ord. No. 745, § 2.5, 9-27-2004)

All structures licensed under this section shall be connected to all electric, water and sewer utilities, in addition to the city-contracted solid waste disposal service.

(Ord. No. 745, § 2.6, 9-27-2004)

Bottled gas for cooking purposes shall not be used at individual manufactured homes, mobile homes or recreational vehicle lots.

(Ord. No. 745, § 2.7, 9-27-2004)

Any person, firm, or corporation violating this section or any portion thereof shall, upon conviction, be guilty of a misdemeanor and shall be fined not more $200.00. Each day that such violation continues shall be considered a separate offense and punished accordingly.

(Ord. No. 745, § 4, 9-27-2004)

(a)

Generally. Except as provided in section 58-23 and subsection (b) of this section, the regulations for area, height, yards, and building size are set forth in the following table A (in the ordinance from which this section is derived), and the size and width of lots and yards shall be not less, nor the building heights more than, or building floor area less than stipulated for the respective districts. .....

(b)

Regulations to supplement district regulations. The regulations hereinafter set forth qualify or supplement, as the case may be, the district regulations appearing in table A in the ordinance from which this section is derived. .....

(1)

Intensity of use. Any lot of record at the time of passage of the ordinance from which this section is derived having less area or width than herein required may be used only for a single-family dwelling, or any of the non-dwelling uses permitted in the district in which the lot is located. .....

(2)

Front yard. When 30 percent or more of the lots on the same side of the street within the same block and within 200 feet are improved with buildings that have observed a greater or less depth of front yard than specified in table A in the ordinance from which this section is derived, then no portion of the new building shall project beyond a straight line drawn between the point closest to the street line of the building upon either side of the proposed building, or if there is a building upon only one side, then beyond a straight line projected from the front of the two nearest buildings, but this regulation shall not be interpreted to require a front yard of more than 50 feet in any residence or R-2(B-2?) 2nd. Business District. Where the street or road is curved, the setback line shall be parallel to the curve of the road and not a straight line. Double frontage lots must have the required front yard on both streets. A corner lot in the R-1 1st. and R-2 2nd. residence districts shall have a side yard on the side street of ten feet except that the buildable width of such lot shall not be reduced to less than 40 feet and no accessory building shall project beyond the front or side yard lines, along either street. .....

(3)

Side yard. A side yard shall be provided on each side of a building in accordance with table A in the ordinance from which this section is derived, except that the buildable width of a lot of record having less width than herein required shall not be reduced to less than 40 feet, but in no case shall the side yard be reduced to less than four feet. For any non-dwelling use in the B-1, B-2 or I districts, a side yard is not required unless it abuts on any R-1 or R-2 residence district in which case there shall be a side yard of not less than ten feet. Garages detached or attached to the main use building in an R-1 1st. or R-2 2nd. residence district entering on the side street of a corner lot shall maintain a side yard of 20 feet in front of the garage. .....

(4)

Rear yard. In the R-1 1st. and the R-2 2nd. residence districts, the depth of the rear yard shall be at least 25 percent of the depth of the lot, but such depth need not be more than 25 feet. For any non-dwelling use in any business or industrial district a rear yard is not required unless the lot abuts on a residence district, in which case the rear yard shall not be less than 15 feet. .....

(5)

Height of building. When a building in the industrial district is located on a lot that abuts on a residence district or a publicly owned area other than a street, the height of the building shall not exceed three stories or 45 feet, unless the required yards are increased one foot for each foot of additional height above 45 feet. .....

(Ord. No. 225, § IX, 1-11-1961; Ord. No. 351, 8-10-1971)

No building shall be erected or altered or land used for any purpose which will result in customers, employees or residents parking autos or trucks on the road or street right-of-way unless space for parking such vehicles is provided and maintained on the lot or tract of land used at the rate of one space for each resident family, one space for every three employees, and one space for every 200 square feet of floor area in any business structure.

(Ord. No. 225, § X, 1-11-1961)

(a)

The lawful use of a building existing at the time of the adoption of the ordinance from which this section is derived may be continued even though such use does not conform with the provisions herein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts as may be hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. .....

(b)

No building which has been damaged by fire, explosion, act of God, or the public enemy, to the extent of more than 50 percent of its value shall be restored except in conformity with the regulations of this section. .....

(c)

In the event that the nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located. .....

(d)

A nonconforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use previous to the adoption of this section or to any affecting amendment thereof. .....

(e)

The city council may, by special permit, after public hearing and subject to such protective restrictions that are deemed necessary, authorize the location, extension or structural alteration of any of the following buildings or uses, or an increase in their height, in any district from which they are prohibited or limited by this section: .....

(1)

Any public building erected and used by any department of a municipal, county, state, or federal government. .....

(2)

Hospitals, clinics, and institutions except institutions for criminals or those for persons who are mentally ill or have contagious diseases; provided, however, that such buildings may occupy not over 50 percent of the total area of the lot or tract and will not have any serious and depreciating effect upon the value of the surrounding property; and provided, further, that the buildings shall be set back from all yard lines heretofore established an additional distance of not less than one foot for every foot of building height, and that adequate off-street parking space will be provided. .....

(3)

Cemetery or mausoleum. .....

(4)

Landing field, or landing strip for aircraft. .....

(5)

Greenhouses, provided that any such structure shall not be less than six feet from all property lines. .....

(6)

Nurseries. .....

(7)

Roadside stands, commercial amusement or recreational development for temporary or seasonal periods. .....

(8)

Removal of gravel, topsoil, or similar materials. .....

(9)

Riding stables. .....

(10)

Parking lots on land not more than 300 feet from the boundary of any commercial or industrial district, under such conditions as will protect the character of surrounding property. .....

(11)

Areas for the dumping or disposal of trash. .....

(12)

Radio towers and radio broadcasting stations. .....

(13)

Any use that is not a nuisance per se and which is generally similar to the uses permitted in the district in which such use is located by special permit. .....

(Ord. No. 225, § XI, 1-11-1961; Ord. No. 383, 11-12-1974)

The district regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.

(1)

Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet and churches may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each foot additional building height above the height limit otherwise provided in the district in which the building is located. .....

(2)

Chimneys, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, tanks, water towers, ornamental towers, spires, church steeples, radio towers or necessary mechanical apparatus, may be erected to any safe height not in conflict with existing or hereafter adopted ordinances of the city. .....

(3)

Accessory buildings may be built in a required rear yard, but such accessory buildings shall have the same minimum side yard as is required for the main building or the main use of the premises to which the accessory building is incidental. Any accessory building shall not be nearer than five feet to any rear lot line. Nor shall any accessory building occupy any more than 30 percent of the total area of the rear yard. .....

(4)

No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced and no accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises. .....

(5)

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in the rear yard and except for the ordinary projection of sills, belt course, cornices, and ornamental features projecting not to exceed 12 inches. .....

(6)

Fences constructed of solid wood or stone may be erected to a height not exceeding six feet along the boundaries of a lot, except that no such fence shall be erected within 50 feet of a street intersection, nor shall such a fence be erected in a front yard. Wire fences and other fences in which the openings between the materials of which the fence is constructed represents more than 70 percent of the total fence area may be erected to a height of six feet, except that no fence or hedge that cannot be viewed through or over from a six-foot height above the traveled street shall be constructed or planted within 50 feet of a street intersection. .....

(7)

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

(8)

Buildings that are to be used for storage purposes only may exceed the maximum number of stories permitted in the district in which they are located but such buildings shall not exceed the number of feet of building height permitted in such districts. .....

(9)

Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period the work is under way, but such temporary buildings shall be removed upon the completion of the construction work as determined by the administrative officer. .....

(10)

More than one industrial, commercial, multiple-dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings nor shall there be any change in the intensity of use regulations. .....

(11)

Railroad rights-of-way. On all existing rights-of-way of railroad companies, regardless of the zoning district in which such right-of-way is located, railroad trackage and accessories to railroad movement may be constructed or maintained. .....

(Ord. No. 225, § XII, 1-11-1961; Ord. No. 485, 11-9-1983)

(a)

Establishment. .....

(1)

The city council shall hereby act as the zoning board of adjustment to hear and decide special exceptions to the terms of the zoning ordinance, to issue specific cases a variance from the terms of the zoning ordinance, and to hear and decide other matters authorized by this section. .....

(2)

Each case before the zoning board of adjustment must be heard by at least 75 percent of the members. .....

(3)

Meetings of the board are held at the call of the presiding officer and at other times as determined by the board. All meetings of the board shall be open to the public. .....

(4)

Meetings of the board shall be held separate from city council meetings. Agendas of the board shall be posted separate from city council agendas. .....

(5)

The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records. .....

(b)

Authority of board. .....

(1)

The zoning board of adjustment may: .....

a.

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the ordinance from which this section derives; .....

b.

Hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so; .....

c.

Authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done; and .....

d.

Hear and decide other matters authorized by this section. .....

(2)

In exercising its authority under subsection (b)(1)a., the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official. .....

(3)

In exercising its authority under subsection (b)(1)b., the board may grant special exceptions: .....

a.

To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this section. .....

b.

To interpret the provisions of this section in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts accompanying and made a part of this section where the street layout actually on the ground varies from the street layout as shown on the map aforesaid. .....

c.

To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God, or public enemy, to the extent of more than 50 percent of its fair market value, where the board finds some compelling public necessity requiring a continuance of the non-conforming use, and the primary purpose of continuing the non-conforming use is not to continue a monopoly. .....

d.

To permit the erection and use of a building or the use of premises for railroads or for public utility purposes. .....

(4)

The concurring vote of 75 percent of the members of the board is necessary to: .....

a.

Reverse an order, requirement, decision, or determination of an administrative official; .....

b.

Decide in favor of an applicant on a matter on which the board is required to pass under this zoning ordinance; .....

c.

Authorize a variation from the terms of this zoning ordinance. .....

(c)

Appeal to board. .....

(1)

Except as provided under subsection (c)(5), any of the following may appeal to the zoning board of adjustment a decision made by an administrative official: .....

a.

A person aggrieved by the decision; or .....

b.

Any officer, department, board, or bureau of the municipality affected by the decision. .....

(2)

The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed. .....

(3)

An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceeding may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown. .....

(4)

The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within reasonable time. .....

(5)

A member of the city council serving on the board of adjustment may not bring an appeal under this section. .....

(Ord. No. 225, § XIII, 1-11-1961; Ord. No. 1044, § 1(Exh. A), 9-24-2019)

(a)

Subsequent to the effective date of the ordinance from which this section is derived, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building, except solely for single-family dwelling purposes, shall be made, nor shall any new building be occupied for any purpose until a certificate has been issued by the administrative officer. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this section. .....

(b)

No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance and no building or premises shall be occupied until that certificate and permit is issued. The city council shall determine the fee that shall be charged for certificates and permits. .....

(Ord. No. 225, § XIV, 1-11-1961)

Each application for a building permit shall be accompanied by a plat in duplicate, or duplicate prints thereof, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, the size, shape and location of any existing buildings, and such other information as may be necessary to provide for the enforcement of this section. A record of applications and plats shall be kept in the office of the administrative officer.

(Ord. No. 225, § XV, 1-11-1961)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this section, the following rules apply:

(1)

The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this section are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district. .....

(2)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made a part of this section are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map. .....

(3)

In any unsubdivided property, the district boundary lines on the district map accompanying and made a part of this section shall be determined by use of the scale appearing on the map. .....

(Ord. No. 225, § XVI, 1-11-1961)

(a)

It shall be the duty of the person designated by the mayor as the administrative officer to enforce this section. Appeal from the decision of the administrative officer may be made to the board of adjustment. .....

(b)

Any person, company or corporation requesting any variance, exception or amendment to the zoning section shall assume all costs incurred by the city in processing said application or request, a minimum fee of $50.00 per request or application shall be charged by the city. Said applicant shall furnish all information required by the city in processing said application for said variance exception or amendment. .....

(Ord. No. 225, § XVII, 1-11-1961: Ord. No. 364, § XVII, 11-21-1972)

The regulations imposed and the districts created by this chapter may be amended from time to time, but no such amendments shall be made without a public hearing before the city council, or until the zoning commission has studied and reported upon the change. At least 15 days' notice of the time and place of such hearing shall be published in a recognized paper of general circulation in the city. In case of written protest against any proposed amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered as to such regulations or district, and filed with the clerk of the city, or if the zoning commission recommends against it, such amendment shall not be passed except by the favorable vote of three-fourths of all of the members of the council of the city.

(Ord. No. 225, § XVIII, 1-11-1961)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. it is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this section, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this section; nor is it intended by this section to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such ordinances, agreements, or covenants, the provisions of this chapter shall control.

(Ord. No. 225, § XIX, 1-11-1961)

(a)

Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined not more than $100.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. .....

(b)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the administrative officer, in addition to other remedies, may institute any proper action or proceedings in the name of the city to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises. .....

(Ord. No. 225, § XX, 1-11-1961)

Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be invalid.

(Ord. No. 225, § XXI, 1-11-1961)

(a)

Permit required. It shall be unlawful to construct or alter any building or structure in the city, without having first secured a permit therefor. .....

(b)

Application. Application for such permits shall be made to the clerk, and shall be accompanied by plans and specifications in duplicate showing the work to be done; such plans shall be verified by the oath of either the owner of the premises or by the architect or contractor in charge of the operations. .....

(c)

Approval of plans. Such applications with plans shall be referred to the building inspector, who shall examine the same to determine whether the proposed construction or alteration will comply with the section provisions relative thereto. Upon approval one set of plans shall be returned to the applicant with a permit, and the other shall be retained by the building inspector. No permit shall be issued until after approval of the plans. .....

(d)

Variations. It shall be unlawful to vary materially from the submitted plans and specifications unless such variations are submitted in an amended plan to the building inspector and approved by him. .....

(e)

Enforcement of provisions. The building inspector shall make or cause to be made such inspections as are necessary to see to the enforcement of the provisions of this chapter, and to make any tests or examinations of materials or methods to be used for the purpose of seeing that they comply with the provisions of this chapter. .....

(f)

Fees. The fees for building permits shall be as follows: .....

(1)

$2.50 for work costing less than $1,000.00. .....

(2)

For work costing more than $1,000.00, the fee shall be increased by $0.50 for each $500.00 of cost or part thereof (which shall be in addition to the minimum fee of $2.50). .....

(g)

Penalty. Any person, firm or corporation violating any provision of this chapter shall be fined not less than $1.00 nor more than $100.00 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. .....

(Ord. No. 287, § 1, 9-13-1966)