(A)   The city is hereby divided into the following zoning districts:

 

   (B)   The existing zoning district names are amended and re-established as follows:

 

 

   (C)   At the time of adoption of this chapter, all property which is zoned district “E”, General Business, and is located within an area bounded on the south by the public alley located between Texas Avenue and First Avenue South, on the east by Bay Street, on the north by 13th Avenue North and on the west by Tenth Street or a line being an extension of Tenth Street shall be redesignated as district “E-1", Central Business.

(1998 Code, App. A, § 40-10)

   (A)   The boundaries of the zoning districts set out herein and delineated upon the Official Zoning Map of the city, said map being a part of this chapter as fully as if the same were set forth herein in detail, shall be governed by the following regulations.

      (1)   If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be ratified by the City Commission.

      (2)   Regardless of the existence of copies of the Official Zoning Map which from time to time may be made or published, the Official Zoning Map, which shall be located in the office of the City Secretary, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures within the city.

      (3)   One updated copy of the Official Zoning Map shall be filed with the Building Official and shall be used for observation in issuing building permits, certificates of occupancy and for enforcing this chapter. One updated copy of the Official Zoning Map may also be filed with the Director of Transportation and Planning for reference purposes.

      (4)   Reproduction for informational purposes may, from time to time, be made of the Official Zoning Map.

   (B)   Where uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning Map, the following rules apply.

      (1)   The district boundaries are streets, alleys and property lines unless otherwise shown, and where the districts designated on the Official Zoning Map are bounded approximately by streets, alleys or property lines; the streets, alleys or property lines shall be construed to be the boundary of the district. Where alleys are vacated, the boundary shall be the centerline of such vacated alley.

      (2)   Where the district boundaries are 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 property lines.

      (3)   In unsubdivided property, the district boundary lines shall be determined by the use of the scale of the Official Zoning Map.

      (4)   Where the description of the property is contained in an ordinance, the metes and bounds description of the property in the ordinance shall control over the zoning map.

      (5)   When on account of any legal vacation proceeding or for any other cause the streets or alleys on the ground differ from the streets or alleys shown on the District Map, the Director of Transportation and Planning may apply the district designations on the map to the streets or alleys on the ground in such manner as to conform to the intent and purpose of this chapter.

      (6)   Questions of interpretation of the Official Zoning Map shall be referred to a person designated by the city.

(1998 Code, App. A, § 40-11)

   (A)   All territory annexed to the city after the date of passage of this chapter shall be automatically classified as “O” (Open Space) District purposes until permanently zoned by the City Commission and upon recommendation by the Zoning Commission.

   (B)   (1)   The Zoning Commission shall, as soon as practical, after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning.

      (2)   The procedure to be followed shall be the same as is provided by law for the adoption of any zoning changes.

   (C)   No person shall erect, construct or proceed or continue with the erection or construction of any building or structure, or add to any building or structure, or cause the same to be done in any newly annexed territory to the city, without first applying for, and obtaining, a building permit or certificate of occupancy, therefor from the Building Official.

   (D)   No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building permitted in the “O” (Open Space) District, unless and until such territory has been rezoned to a district other than the “O” (Open Space) District, by the City Commission in the manner provided by the law.

(1998 Code, App. A, § 40-12)

   A summary of zoning district area regulations is provided as follows:

 

(1998 Code, App. A, § 40-12)

   (A)   Purpose.

      (1)   District A is intended to be comprised of single-family detached residential dwellings with a minimum dwelling square footage of not less than 899 square feet located on lots with a minimum area of 6,000 square feet.

      (2)   This district is also intended to accommodate public or parochial schools, churches, parks or governmental uses other than prisons or halfway houses.

   (B)   Principal uses.

      (1)   Single-family detached residential dwellings;

      (2)   Public and non-profit institutions of an educational or religious function, excluding corrective institutions and hospitals;

      (3)   Governmental buildings;

      (4)   Public utility uses required to service the district; and

      (5)   Public and private, non-commercial parks, playgrounds or community centers.

   (C)   Accessory uses.

      (1)   Private garage;

      (2)   Guest quarters being located at least 60 feet from the front property line, and meeting all other yard requirements;

      (3)   Private swimming pool;

      (4)   One storage building not exceeding 225 square feet in floor area or 12 feet in height;

      (5)   Registered family home;

      (6)   Licensed group day care home provided such facility provides care for 12 or less children in the home of the caretaker;

      (7)   Home occupation; and

      (8)   Other uses which are subordinate to and incidental to the principle use.

   (D)   Area and height requirements.

 

   (E)   Parking requirements. Two off-street parking spaces shall be provided per dwelling unit.

   (F)   Building regulations. For residential subdivisions platted after 12-6-2006, a residential structure shall consist of a minimum of 60% brick, stone or masonry exclusive of doors, windows, window walls and garage doors unless otherwise approved by the Planning Board (reference § 160.087 of this chapter). These requirements shall also apply to all non-residential uses permitted in this district.

(1998 Code, App. A, § 40-14) (Ord. 94-05, passed 4-20-1994; Ord. 99-50, passed 8-25-1999; Ord. 00-51, passed 9-6-2000; Ord. 03-09, passed 4-16-2003; Ord. 06-42, passed 12-6-2006; Ord. 21-27, passed 10-6-2021)

   (B)   Principal uses.

      (1)   Single-family detached residential dwellings;

      (2)   Public and non-profit institutions of an educational or religious function, excluding corrective institutions and hospitals;

      (3)   Governmental buildings;

      (4)   Public utility uses required to service the district; and

      (5)   Public and private, non-commercial parks, playgrounds or community centers.

   (C)   Accessory uses.

      (1)   Private garage;

      (2)   Guest quarters being located at least 60 feet from the front property line and meeting all other requirements;

      (3)   Private swimming pool;

      (4)   One storage building not exceeding 225 square feet in floor area or 12 feet in height;

      (5)   Registered family home;

      (6)   Licensed group day care home provided such facility provides care for 12 or less children in the home of the caretaker;

      (7)   Home occupation; and

      (8)   Other uses which are subordinate to and incidental to the principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Two off-street parking spaces shall be provided per dwelling unit.

   (F)   Building regulations. For residential subdivisions platted after 12-6-2006, a residential structure shall consist of a minimum of 60% brick, stone or masonry exclusive of doors, windows, window walls and garage doors unless otherwise approved by the Planning Board (§ 160.087 of this chapter). These requirements shall also apply to all non-residential uses permitted in this district.

(1998 Code, App. A, § 40-15) (Ord. 94-05, passed 4-20-1994; Ord. 99-50, passed 8-25-1999; Ord. 00-51, passed 9-6-2000; Ord. 03-09, passed 4-16-2003; Ord. 06-42, passed 12-6-2006)

   (B)   Principal uses.

      (1)   Single-family detached residential dwellings; and

      (2)   Public and private, non-commercial parks, playgrounds or community centers.

   (C)   Accessory uses.

      (1)   Private garage;

      (2)   Private swimming pool;

      (3)   One storage building not exceeding 225 square feet in floor area or 12 feet in height;

      (4)   Registered family home;

      (5)   Home occupation; and

      (6)   Other uses which are subordinate to and incidental to the principal uses.

   (D)   Area and height requirements.

 

   (E)   Parking requirements.

      (1)   All zero lot line homes shall have a two-car garage.

      (2)   Driveways shall be of design as to accommodate two vehicles off-street.

      (3)   The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

   (F)   Special conditions.

      (1)   All subdivision plats filed shall have established front, side and rear yard setback lines on each lot in accordance with division (D) above.

      (2)   An access easement of five feet shall be provided and so indicated on the subdivision plat, to allow the adjacent owner access to the eight-inch side yard on each lot to enable the property owner to maintain his or her house.

      (3)   No dwelling shall be closer than ten feet eight inches between the face of exterior walls of neighboring dwelling units in an A-2 District, and no closer than five feet to the boundary of any other zoning district, or ten feet to the boundary of District E-1 (Central Business).

      (4)   No openings for access, lights or air shall be permitted on the wall situated along the property line. Wood construction shall not be permitted in the exterior or outer covering of zero lot line walls. This covering shall be built with brick, masonry or other durable, maintenance free materials. No portion of the wall shall project over the property line.

      (5)   Solid (opaque) walls or fences of wood, masonry or other durable, suitable material shall extend the full length of the rear lot line as well as those portions of side lot line behind the front wall of a patio home or zero lot line home, but not including the zero lot line walls of such homes. Chainlink fences using opaque slats are expressly prohibited. Fences or walls shall be a minimum of six feet in height, but shall not exceed eight feet in height.

      (6)   Water draining from roofs of patio or zero lot line homes shall in no instance be discharged onto a neighboring property or yard. Where roofs slope toward a lot line wall and/or neighboring property, an adequate gutter system shall be provided draining directly to the street.

      (7)   Within the ten-foot side setback area, but not within the front setback area, may be placed any of the following: spa, swimming pool, deck, barbecue grill, fountain or patio cover. Patio covers shall be open structures and can be attached or independent to the residential structure. The patio cover shall be constructed to meet the required wind loads as prescribed in the International Residential Code adopted by the city. The patio cover will be allowed to cover an area not to exceed 25 feet in length of the side yard. The patio cover shall be designed to allow the adjacent property owner access for maintenance to their structure.

   (G)   Building regulations.

      (1)   For residential subdivisions platted after 12-6-2006, a residential structure shall consist of a minimum of 60% brick, stone or masonry exclusive of doors, windows, window walls and garage doors unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

      (2)   These requirements shall also apply to all non-residential uses permitted in this district.

(1998 Code, App. A, § 40-16) (Ord. 00-51, passed 9-6-2000; Ord. 05-46, passed 10-2-2005; Ord. 06-14, passed 4-5-2006; Ord. 06-42, passed 12-6-2006; Ord. 07-25, passed 8-1-2007; Ord. 21-27, passed 10-6-2021)

   (B)   Principal uses.

      (1)   Single-family detached residential dwellings;

      (2)   Single-family attached residential dwellings;

      (3)   Duplexes;

      (4)   Public and private, non-commercial parks, playgrounds or community centers;

      (5)   Public and non-profit institutions of an educational or religious function, excluding corrective institutions and hospitals;

      (6)   Governmental buildings; and

      (7)   Public utility uses.

   (C)   Accessory uses.

      (1)   Private garage;

      (2)   Swimming pool;

      (3)   One storage building per residence, not exceeding 225 square feet in floor area or 12 feet in height;

      (4)   Registered family home;

      (5)   Home occupation; and

      (6)   Other uses which are subordinate to and incidental to the principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements.

      (1)   Two off-street parking spaces shall be provided per dwelling unit.

      (2)   The elimination of a garage space in a single-family attached dwelling or a duplex dwelling by enclosing the garage with a stationary building wall shall be prohibited.

   (F)   Building regulations. For residential subdivisions platted after 12-6-2006, a residential structure shall consist of a minimum of 60% brick, stone or masonry exclusive of doors, windows, window walls, and garage doors unless otherwise approved by the Planning Board (reference § 160.087 of this chapter). These requirements shall also apply to all non-residential uses permitted in this district.

(1998 Code, App. A, § 40-18) (Ord. 06-42, passed 12-6-2006; Ord. 21-27, passed 10-6-2021)

   (B)   Principal uses.

      (1)   Townhouse;

      (2)   Public and private, non-commercial parks, playgrounds or community centers;

      (3)   Public and non-profit institutions of an educational or religious function, excluding corrective institutions and hospitals;

      (4)   Governmental buildings; and

      (5)   Public utility uses.

   (C)   Accessory uses.

      (1)   Private garage;

      (2)   Swimming pool;

      (3)   One storage building per residence, not exceeding 225 square feet in floor area or 12 feet in height;

      (4)   Registered family home;

      (5)   Home occupation;

      (6)   Cabana, pavilion or roofed area;

      (7)   Meeting, party and/or social rooms; and

      (8)   Other uses which are subordinate to and incidental to the principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements.

      (1)   For townhouse residential dwellings, off street parking shall be provided at the following ratios:

 

 

      (2)   The elimination of a parking space in a single-family attached dwelling or duplex dwelling by enclosing the garage with a stationary building wall shall be prohibited.

      (3)   At least one parking space for each unit must be in an attached garage.

      (4)   Each unit with two or more bedrooms must have at least 0.50 additional paved space for guest parking. Guest parking may be combined in a common area with approval by the Planning Board.

(1998 Code, App. A, § 40-19) (Ord. 06-42, passed 12-6-2006; Ord. 21-27, passed 10-6-2021; Ord. 2023- 18, passed 5-15-2023)

   (A)   Purpose. District C is intended to be comprised of multi-family dwelling units for relatively high density residential neighborhood developments. The uses should not generate traffic through single-family residential neighborhoods and should be located adjacent to arterial or collector size streets capable of carrying the additional traffic they will generate.

   (B)   Principal uses.

      (1)   Duplexes;

      (2)   Triplexes;

      (3)   Fourplexes;

      (4)   Multi-family dwellings;

      (5)   Public and private, non-commercial parks, playgrounds or community centers;

      (6)   Public and non-profit institutions of an educational or religious function, excluding corrective institutions and hospitals;

      (7)   Governmental buildings; and

      (8)   Public utility uses.

   (C)   Accessory uses.

      (1)   Private garage, carport and paved automobile parking areas for the use of tenants or visitors;

      (2)   Cabana, pavilion, manager’s office, meeting, exercise, party and/or social rooms or buildings incidental to the principal use;

      (3)   Swimming pool, sauna or hot tub, as an accessory to the principal use;

      (4)   Tennis courts and other recreational facilities, as an accessory to the principal use;

      (5)   Laundry room for use of tenants; and

      (6)   Other uses which are subordinate to and incidental to the principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements.

      (1)   For duplex, triplex or fourplex structures, two off-street parking spaces shall be provided per unit.

      (2)   For multi-family dwellings, parking shall be provided at the following ratios:

 

 

      (3)   At least 45% of the required parking must be covered or enclosed garages.

      (4)   At least 10% of the required parking must be enclosed garages.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines unless that area is adjacent to a C or C-1 District(s).

   (G)   Useable open space and landscaping requirements.

      (1)   Each lot or tract of land used for multi-family development purposes, shall provide useable open space (as defined in § 160.006 of this chapter) totaling at least 20% of the area of the lot or tract.

      (2)   A landscape border, a minimum of ten feet in width, shall be placed adjacent to all public streets. This landscape area shall not be in the street right-of-way. One tree of three-inch caliper per 500 square feet of landscape border is required.

      (3)   One tree of three-inch caliper per 2,000 square feet of useable open space is required.

      (4)   The landscape border requirement can be used to meet the requirements of useable open space landscaping.

      (5)   Required landscaping shall be in conformance with § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-22) (Ord. 06-42, passed 12-6-2006; Ord. 2023-18, passed 5-15-2023)

   (A)   Purpose. District C-1 is intended to be comprised of multi-family dwelling units for medium density residential neighborhood developments. The uses should not generate traffic through single-family residential neighborhoods, and should be located adjacent to arterial or collector size streets capable of carrying the additional traffic they will generate.

   (B)   Principal uses.

      (1)   Duplexes;

      (2)   Triplexes;

      (3)   Fourplexes;

      (4)   Multi-family dwellings;

      (5)   Public and private, non-commercial parks, playgrounds or community centers;

      (6)   Public and non-profit institutions of an educational or religious function, excluding corrective institutions and hospitals;

      (7)   Governmental buildings and uses; and

      (8)   Public utility uses.

   (C)   Accessory uses.

      (1)   Private garage, carport and paved automobile parking areas for the use of tenants or visitors;

      (2)   Cabana, pavilion, manager’s office, meeting, exercise, party and/or social rooms or buildings incidental to the principal use;

      (3)   Swimming pool, sauna or hot tub, as an accessory to the principal use;

      (4)   Tennis courts and other recreational facilities, as an accessory to the principal use;

      (5)   Laundry room for use of tenants; and

      (6)   Other uses which are subordinate to and incidental to the principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements.

      (1)   For duplex, triplex or fourplex structures, two off-street parking spaces shall be provided per unit.

      (2)   For multi-family dwellings, parking shall be provided at the following ratios:

 

 

      (3)   At least 45% of the required parking must be covered or enclosed garages.

      (4)   At least 10% of the required parking must be enclosed garages.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines unless that area is adjacent to a C or C-1 District(s).

   (G)   Useable open space and landscaping requirements.

      (1)   Each lot or tract of land used for multi-family development purposes, shall provide useable open space (as defined in § 160.006 of this chapter) totaling at least 20% of the area of the lot or tract.

      (2)   A landscape border, a minimum of ten feet in width, shall be placed adjacent to all public streets. This landscape area shall not be in the street right-of-way. One tree of three-inch caliper per 500 square feet of landscape border is required.

      (3)   One tree of three-inch caliper per 2,000 square feet of useable open space is required.

      (4)   The landscape border requirement can be used to meet the requirements of useable open space landscaping.

      (5)   Required landscaping shall be in conformance with § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-23) (Ord. 06-42, passed 12-6-2006; Ord. 2023-18, passed 5-15-2023)

   (A)   Purpose. District MH is intended to provide for the development of mobile home parks and mobile home subdivisions where the type of housing can be placed in a coordinated development with appropriate standards for density and spacing.

   (B)   Principal uses.

      (1)   Single-family mobile homes situated in a mobile home park; and

      (2)   Public and private, non-commercial parks, playgrounds or community centers.

   (C)   Accessory uses.

      (1)   Mobile home rental office;

      (2)   Swimming pool;

      (3)   Laundry room for use by tenants;

      (4)   Cabana, pavilion or roofed area;

      (5)   Meeting, party and/or social rooms;

      (6)   Common and centrally located enclosed storage area serving all units; and

      (7)   Other uses which are subordinate to and incidental to the principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Two off-street parking spaces shall be provided per mobile home.

   (F)   Open space requirements.

      (1)   There shall be provided within the park, outside of unit plots or lots, a separate useable open space area for recreational purposes.

      (2)   The minimum area of the useable open space area shall be at a ratio of 500 square feet for each of the first 20 units and 250 square feet per unit for all additional units.

      (3)   Outdoor swimming pool or pools may be included in satisfying these requirements.

      (4)   The area in front, side or rear yards may not be utilized in satisfying this requirement.

   (G)   Special conditions.

      (1)   Any land zoned District M-H (Mobile Home) and used as a mobile home park shall also meet all requirements of Ch. 156 of this code of ordinances.

      (2)   Should there be any conflict between the regulations of this chapter and the regulations of Ch. 156 of this code of ordinances, the more restrictive regulation shall apply.

(1998 Code, App. A, § 40-24)

   (A)   Purpose. District O-P is intended to provide for low to moderate intensity office and professional uses which provide a service rather than sell products. The uses in this district should not have an adverse effect on adjacent residential areas nor create excessive amounts of traffic. All uses are to be conducted within an enclosed building.

   (B)   Principal uses.

      (1)   Administrative offices;

      (2)   Business and commercial schools;

      (3)   Financial institutions;

      (4)   Governmental buildings and uses;

      (5)   Medical and dental clinics and offices;

      (6)   Radio, TV stations, excluding towers;

      (7)   Schools and studios for art, dancing, drama, music, photography and for any business and commercial service; and

      (8)   Veterinary clinics where all activities are conducted within a totally enclosed building.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Any accessory use customarily related to a principal use authorized in this district such a pharmacy, optical company or eating establishment which is established for the convenience of the occupants and clients of the primary use and is also located within the same building;

      (3)   Other uses which are subordinate to and incidental to the principal use; and

      (4)   Signs, advertising services provided on the same premises.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-28) (Ord. 06-42, passed 12-6-2006)

   (A)   Purpose. District D is intended to provide for office and retail services in proximity to residential areas in which all principal uses are conducted indoors. While the uses allowed in this district are intended to be located adjacent to residential areas, the character of the residential areas should not be adversely impacted.

   (B)   Principal uses.

      (1)   Any use permitted in the O-P (Office-Professional) District subject to the regulations of District D;

      (2)   Retail stores and food markets completely within an enclosed building;

      (3)   Personal and professional services including barber and beauty shops and dry cleaning;

      (4)   Minor repair shops such as bicycles, shoe and watch repair; automotive repair excluded;

      (5)   Cafés, restaurant or cafeterias, where there are not provisions or facilities for the serving or consumption of liquor, and where there is not floor show or other form of entertainment;

      (6)   Automobile service stations; and

      (7)   Washaterias.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal use; and

      (3)   Signs advertising services provided on the same premises.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-29) (Ord. 94-05, passed 4-20-1994; Ord. 06-42, passed 12-6-2006)

   (A)   Purpose. District D-1 is intended to provide for uses in the O-P (Office-Professional) District in addition to a limited number of other services which are compatible to adjacent residential area, provided that adequate screening and other protective measures are taken.

   (B)   Principal uses.

      (1)   Any use permitted in the O-P (Office-Professional) District subject to the regulations of district D-1;

      (2)   Day care centers or day nurseries which do not operate between the hours of midnight to 6:00 a.m.;

      (3)   Licensed group day care home which provides care between the hours of 6:00 a.m. to 6:00 p.m.;

      (4)   Nursing homes; and

      (5)   Kindergartens.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses; and

      (3)   Signs advertising services provided on the same premises.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Special conditions. Signs advertising the services contained within a lot or tract must be located on one common ground, pole or monument sign. The sign shall not exceed 13 feet in height.

   (I)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-30) (Ord. 94-05, passed 4-20-1994; Ord. 06-42, passed 12-6-2006)

   (A)   Purpose. District E is intended to provide for an extensive variety of enclosed retail and commercial services to serve the overall needs of the community. Due to the variety and potential intensity of these uses, they should be located along major transportation corridors and be appropriately buffered from residential areas.

   (B)   Principal uses.

      (1)   Any use permitted in the O-P (Office-Professional), D (Neighborhood Service) or D-1 (Limited Service) Districts subject to the regulations of District E;

      (2)   Automobile repair garages; provided that, the storage of inoperable or wrecked vehicles shall not be permitted outside of the business building unless the vehicles are completely encompassed by a solid screening fence or wall at least six feet high;

      (3)   Automobile, motorcycle and light load truck sales and leasing, new or used;

      (4)   Hospitals;

      (5)   Ambulance services;

      (6)   Motion picture theatres within an enclosed building;

      (7)   Spa, health studio or fitness centers;

      (8)   Coin-operated amusement machine arcades;

      (9)   Bowling alley and skating rinks;

      (10)   Establishments where alcoholic beverages are sold or consumed on premises (see restrictions below), except sexually oriented businesses: taverns, night clubs, dance halls and ice houses or any similar uses where alcoholic beverages are consumed on the premises and where at least 50% of the business use is attributable to the sale of alcoholic beverages shall not be less than 300 feet from any property zoned District A, A-1, A-2 or B-1. Distance shall be measured from the nearest public door of the facility to the property line of the property zoned District A, A-1, A-2 or B-1;

      (11)   Car washes, self-service, full-service or automated; and

      (12)   Any retail sales, commercial business or service not included in the O-P, D or D-1 Zoning Districts; provided that, all such uses shall be completely within an enclosed building and are not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration, and provided that no warehousing or manufacturing, or treatment of products or equipment, shall be permitted, except such as is clearly incidental to the conduct of a permitted use and provided that the use is not prohibited by any other section of this chapter or by any other ordinances of the city.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses; and

      (3)   Signs advertising services provided on the same premises.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-31) (Ord. 94-05, passed 4-20-1994; Ord. 06-42, passed 12-6-2006; Ord. 16-18, passed 6-1-2016)

   (A)   Purpose. District E-1 is intended to accommodate the existing downtown business uses and the flexible area regulations of this area. This district is established for a limited area of the city and expansion of the district should be contiguous of the downtown area.

   (B)   Principal uses. Any use permitted in the O-P (Office-Professional), D (Neighborhood Service), D-1 (Limited Service) or E (General Business) Districts subject to regulations of District E-1.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses; and

      (3)   Signs advertising services provided on the same premises.

   (D)   Area and height regulations.

 

   (E)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-32) (Ord. 06-42, passed 12-6-2006)

   (A)   Purpose. The E-2 District is intended to create an appropriately landscaped, higher intensity use corridor, composed primarily of office, retail, hotels, motels, restaurants and similar commercial services, along existing and proposed freeways and expressways. The aforementioned provisions for E-2 also requires the allowed commercial uses to demonstrate adherence to higher development performance standards. The requirement is in order to comply with the aesthetic criteria established for the gateway entrances of the city.

   (B)   Principal uses.

      (1)   Any use permitted in the O-P (Office-Professional), D (Neighborhood Service) or D-1 (Limited Service) Districts subject to the regulations of District E-2;

      (2)   Automobile, motorcycle, light load truck and motor home sales and leasing, new or used;

      (3)   Hospitals; and

      (4)   Shopping malls.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses; and

      (3)   Signs advertising services provided on the same premises.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-33) (Ord. 95-26, passed 1-3-1996; Ord. 06-42, passed 12-6-2006; Ord. 16-18, passed 6-1-2016)

   (A)   Purpose. District E-3 is intended to provide for a variety of commercial uses which are typically displayed for sale outdoors, excluding new and used car sales. These uses typically require an extensive amount of land and, because of the heavy commercial nature, are not compatible with residential uses.

   (B)   Principal uses.

      (1)   Business services and merchandise displayed or sold in an unenclosed or incompletely enclosed area;

      (2)   Travel trailer, camper, motor home and boat sales and service, lease or rental;

      (3)   Plant nursery and greenhouses;

      (4)   Lumber yards;

      (5)   Mobile home sales, storage or repair, lease and rental; and

      (6)   Equipment and vehicle rental.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses; and

      (3)   Signs advertising services provided on the same premises.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

(1998 Code, App. A, § 40-34)

   (A)   Purpose. District E-4 is intended to provide for the limited warehousing and storage of goods and materials. This is not an industrial district; therefore, the land area and buildings are to be limited in size.

   (B)   Principal uses.

      (1)   Miniwarehouses; and

      (2)   Warehousing completely within an enclosed building.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses;

      (3)   Signs advertising services provided on the same premises;

      (4)   Office space used in conjunction with a principal use; and

      (5)   Retail sales, if incidental to the principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-35) (Ord. 06-42, passed 12-6-2006)

   (A)   Purpose. Limited general business district is intended to provide limited retail and commercial services to serve the overall need of the area. This is transitional land use district which excludes high volume uses such as hotels, large grocery stores, restaurants, taverns, night clubs and other uses that typically will have large numbers of customers that will congregate on the premises.

   (B)   Principal uses. Convenience stores/gas stations, small retail, any uses under D (Neighborhood Services), IBD (Industrial Business District) and E-4 (Commercial Warehouse).

   (C)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-36) (Ord. 06-23, passed 6-7-2006; Ord. 06-42, passed 12-6-2006)

   (A)   Purpose. District F is intended to provide for light manufacturing, wholesale and warehousing operations in an enclosed area. These uses are not of the variety to emit excessive noise, vibration, smoke or odor.

   (B)   Principal uses.

      (1)   Any use permitted in the E-4 (Commercial Warehouse) District subject to the regulations of District F;

      (2)   Any manufacturing, research, wholesale or warehouse operations which do not involve the primary production or storage of wood, metal or chemical products from raw materials; provided that, such uses shall be contained within an enclosed building;

      (3)   Testing laboratories; and

      (4)   Railroad facilities required to serve the district.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses;

      (3)   Signs advertising services provided on the same premises;

      (4)   Office space used in conjunction with a principal use; and

      (5)   Outdoor storage incidental to the primary use; provided that, such storage shall be completely encompassed by a solid screening wall or fence of at least six feet in height; and, provided that, materials shall be stacked no higher than one foot below the wall or fence.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry, exclusive of doors, windows and window walls, unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-38) (Ord. 08-43, passed 12-3-2008)

   (A)   Purpose. District F-1 is intended to provide for light industrial uses which are predominately operated outdoors. Because of the potential visual and noise impacts of the uses permitted in this district, additional buffering may be required for protection of adjacent areas.

   (B)   Principal uses.

      (1)   Any use permitted in the F (Light Industrial) District subject to the regulations of District F-1;

      (2)   Motor freight terminals;

      (3)   Trucking terminals;

      (4)   Railway freight terminals;

      (5)   Outdoor storage of sand, gravel, rock or earth;

      (6)   Outdoor storage of industrial equipment or supplies; and

      (7)   Sales, rental and storage of heavy load vehicles, tractor trailers, cranes, bulldozers or similar equipment.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses;

      (3)   Signs advertising services provided on the same premises; and

      (4)   Office space used in conjunction with a principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry, exclusive of doors, windows and window walls, unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-40) (Ord. 08-43, passed 12-3-2008)

   (A)   Purpose. District P-I is intended to provide for high performance, non-hazardous industries with properly proportioned and landscaped open spaces, controlled design of plant exteriors and screening of loading and storage facilities. A minimum of 15% of the area shall be landscaped.

   (B)   Principal uses.

      (1)   Research and development facilities and laboratories;

      (2)   Instrument and component manufacturing facilities;

      (3)   Apparel manufacturing facilities;

      (4)   Transportation component manufacturing facilities;

      (5)   Printing and allied products facilities;

      (6)   Electrical machine manufacturing facilities;

      (7)   Offices equipment and supplies manufacturing facilities;

      (8)   Medical and pharmaceutical supplies manufacturing;

      (9)   Offices; and

      (10)   Warehousing within a totally enclosed facility.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses; and

      (3)   Signs advertising services provided on the same premises.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Building regulations. Each exterior facade elevation for all floors shall consist of a minimum of 80% brick, stone or masonry exclusive of doors, windows and window walls unless otherwise approved by the Planning Board (reference § 160.087 of this chapter).

(1998 Code, App. A, § 40-41) (Ord. 06-42, passed 12-6-2006)

   (A)   Purpose. District G is intended to accommodate limited heavy commercial and industrial uses which utilize port and shore areas. Consideration should be given to the potential impact of these uses on adjacent areas.

   (B)   Principal uses.

      (1)   Docks;

      (2)   Loading and unloading facilities (rail and water);

      (3)   Marine ways;

      (4)   Piers;

      (5)   Slips;

      (6)   Warehouses; and

      (7)   Wharves.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal uses;

      (2)   Other uses which are subordinate to and incidental to the principal use;

      (3)   Signs advertising services provided on the same premises; and

      (4)   Office space used in conjunction with a principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Special conditions. All development shall also be subject to any other city, state or federal coastal regulations.

(1998 Code, App. A, § 40-42)

   (A)   Purpose. District G-2 is intended to provide for recreational and tourism type uses which utilize the city’s waterfront and the dike. This district is not designed to accommodate industrial uses.

   (B)   Principal uses.

      (1)   Piers;

      (2)   Slips;

      (3)   Recreational boat rental and storage;

      (4)   Restaurants;

      (5)   Marinas;

      (6)   Retail sales, totally within an enclosed building; and

      (7)   Yachts.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal uses;

      (3)   Signs advertising services provided on the same premises;

      (4)   Office space used in conjunction with a principal use; and

      (5)   Gasoline sales as an accessory to a principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Special conditions. All development shall also be subject to any other city, state or federal coastal regulations.

(1998 Code, App. A, § 40-43) (Ord. 16-18, passed 6-1-2016)

   (A)   Purpose. IBD is located adjacent and north of the heavy industrial complex south of FM 1765. It is intended to promote high quality light industrial development that provides services dependent and complimentary to the adjacent heavy industrial complex. It is recognized that certain special standards relative to land use, setbacks, signage and the like are appropriate for the area.

   (B)   Principal uses. Equipment storage and rental, outdoor storage and lay down yards, fabrication shops, warehousing, material and supply sales, office and parking.

   (C)   Accessory uses. Impervious cover not to exceed 50% which will be landscaped in accordance with § 160.088 of this chapter.

(1998 Code, App. A, § 40-44) (Ord. 06-24, passed 6-7-2006)

   (A)   Principal uses allowed are: D, O-P, E, E-4, F, F-1, PI, G, G-2. (Residential housing when and where appropriate may be allowed. Must be reviewed on a case-by-case basis and obtain Planning Board, zoning and City Commission approval.)

   (B)   Impervious cover not to exceed 85% with the remaining area to be landscaped in accordance with § 160.088 of this chapter.

   (C)   Area and height regulations:

 

   (E)   Fences, walls, berms and/or heavy landscape and foliage may be used for screening if property adjacent or in near proximity to existing residents. The design and amount of screening will be determined based on proposed activity, distance to residents and density of residents.

   (F)   Landscape requirements at 15% of area to be developed.

(1998 Code, App. A, § 40-45) (Ord. 08-05, passed 1-16-2008)

   (A)   Purpose. District H is intended to provide for the development of intensive industrial and manufacturing activities. The noise, smoke, odor, vibration and/or traffic typically generated by these uses require adequate buffering from adjacent areas with particular emphasis on nearby residential areas. The permitted uses are considered to be the least compatible with other uses within the community.

   (B)   Principal uses.

      (1)   Any use permitted in the F (Light Industrial), F-1 (Outdoor Industrial) and G (Waterfront) Districts, subject to the regulations of District H;

      (2)   The manufacturing, processing, distributing and/or storage of any material or product from processed or raw materials including, but not limited to, chemicals, petrochemicals or mineral extracts;

      (3)   Shipyards;

      (4)   Railroad and railway facilities; and

      (5)   Any other manufacturing, industrial or storage use not now or hereafter prohibited by this chapter or any other ordinance of the city.

   (C)   Accessory uses.

      (1)   Paved automobile parking lots incidental to the principal use;

      (2)   Other uses which are subordinate to and incidental to the principal use;

      (3)   Signs advertising services provided on the same premises;

      (4)   Office space used in conjunction with a principal use; and

      (5)   Laboratories and shops incidental to the principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

   (G)   Landscape requirements. See § 160.088 of this chapter.

   (H)   Special conditions. All development shall also be subject to any other city, state or federal regulations.

(1998 Code, App. A, § 40-46)

   (A)   Purpose. District O is intended to provide for land within the corporate limits of the city which are not subdivided and/or are relatively undeveloped. This district is designed to promote orderly, timely, economical growth and to recognize current conditions. It is anticipated that all O districts will be rezoned to other zoning classifications as the city proceeds toward full development.

   (B)   Principal uses.

      (1)   Single-family dwellings;

      (2)   Barns, stables, for keeping private stock;

      (3)   Golf courses and country clubs (publicly or privately owned);

      (4)   Farms and crop production;

      (5)   Truck gardens;

      (6)   Greenhouses, excluding sales;

      (7)   Pasturage;

      (8)   Private riding academy;

      (9)   Governmental buildings and uses;

      (10)   Public utility uses; and

      (11)   Public parks and recreation areas.

   (C)   Accessory uses.

      (1)   Private garages;

      (2)   Private swimming pools;

      (3)   Home occupation; and

      (4)   Other uses which are subordinate to and incidental to the principal use.

   (D)   Area and height regulations.

 

   (E)   Parking requirements. Off-street parking in this district shall be provided in accordance with § 160.081 of this chapter.

   (F)   Screening requirements. Screening in accordance with § 160.084 of this chapter is required along side and rear lot lines when these lot lines are adjacent to any district zoned for residential uses.

(1998 Code, App. A, § 40-47)

   (A)   Purpose.

      (1)   The (PD) Planned Development District is intended to provide for combining and mixing uses into integral land use units such as industrial parks; industrial, office and commercial centers; residential developments with multiple or mixed housing types; or any appropriate combination of uses which may be planned, developed or operated as integral land use units, whether by a single owner or a combination of owners.

      (2)   After a public hearing has been convened and proper notice to all affected property owners has been made in accordance with provisions of this chapter, and after a recommendation by the Planning Board and Zoning Commission has been submitted, the City Commission may authorize the creation of a (PD) Planned Development District on:

         (a)   Residential developments on tracts of 20 acres or more;

         (b)   Mixed use developments on tracts of 20 acres or more; or

         (c)   Developments on tracts of less than 20 acres when the Planning Board, Zoning Commission and City Commission have determined that the area to be rezoned cannot be rezoned to any other zoning district without creating the potential of adversely affecting adjacent properties.

   (B)   General provisions.

      (1)   Permitted uses. The uses to be permitted in any specific (PD) Planned Development District shall be enumerated in the ordinance that creates such district. Any proposed amendment to the uses permitted within a specific (PD) Planned Development District shall be submitted and processed in accordance with division (E) below.

      (2)   Procedure.

         (a)   The steps necessary to request creation of a (PD) Planned Development District shall be as follows:

            1.   Preapplication conference between the applicant and the Director of Transportation and Planning or his or her designee for presentation and discussion of a preliminary drawing (reference division (C) below); and

            2.   Submission of the formal application form for a change of zoning with all required material.

         (b)   Every (PD) Planned Development District approved under the provisions of this chapter shall be considered an amendment to this chapter and applicable only to the property involved.

         (c)   In carrying out the development of a (PD) Planned Development District, the development conditions and the development schedule shall be complied with. Such conditions as are specified for the development of a (PD) Planned Development District shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy by the city.

   (C)   Preapplication requirements.

      (1)   Preapplication conference.

         (a)   An applicant for a Planned Development District (PD) shall schedule a preapplication conference with the Director of Transportation and Planning or his or her designated representative prior to the formal submission of the application materials. At the preapplication conference, the applicant shall provide a preliminary drawing that includes, but is not limited to, the following:

            1.   Delineation of site boundaries;

            2.   General site layout indicating relationship of proposed land uses, parking and street layout(s);

            3.   Proposed residential development densities;

            4.   Approximate gross square footage of non-residential uses where applicable;

            5.   Projected building heights;

            6.   General topographic conditions;

            7.   Significant environmental features, including floodplains and watercourses; and

            8.   Delineation of approximate acreage for each land use specified.

         (b)   Based on the information provided by the applicant, the Director of Transportation and Planning or his or her designee shall provide initial comments concerning the merits of the proposed development and provide any other information necessary to aid the applicant in the preparation of the formal application.

      (2)   Application submission. Any person, group of persons or corporation having a proprietary interest in any property may file an application for a (PD) Planned Development District. Such application shall be submitted and processed in accordance with the provisions of this chapter.

      (3)   Formal public hearing.

         (a)   The Planning Board and Zoning Commission shall make their recommendations to the City Commission in accordance with the standard procedures for a change of zoning in the city. The Planning Board and Zoning Commission may recommend, and the City Commission may approve the request for a Planned Development District (PD) as submitted or make any modifications thereto as may be appropriate.

         (b)   In approving the ordinance establishing the Planned Development District (PD), the City Commission shall, after recommendation of the Planning Board and Zoning Commission, specify such height, floor area, density, site coverage, setback, landscaping, off-street parking and all other standards as are appropriate for the development which are considered necessary to protect the health, safety and general welfare, and to create a reasonable transition, to and protection from, property adjacent to the Planned Development District (PD).

   (D)   Development schedule.

      (1)   If the applicant desires, or if the Planning Board, Zoning Commission or City Commission requires, a development schedule shall be submitted indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule shall, if adopted and approved by the City Commission, become part of the ordinance creating such Planned Development District (PD), and shall be adhered to by the owner, developer and successors in the interest.

      (2)   The Planning Board and Zoning Commission or the City Commission may, if in their opinion the owner or owners of the property are failing or have failed to meet the approved schedule, initiate proceedings to amend the ordinance of the Planned Development (PD) District, or remove all or part of the Planned Development (PD) District from the Official Zoning Map and place the area involved in another appropriate zoning district. Such action shall occur in accordance with the provisions of this chapter. Upon the recommendation of the Planning Board and Zoning Commission, and for good cause shown by the owner or developer, the City Commission may extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case.

   (E)   Amendment to Planned Development (PD) District.

      (1)   Any major amendment, supplement, deletion or modification to the Planned Development (PD) District may be granted by the City Commission upon application by any person, group or persons or corporation having a proprietary interest therein. Any application for such amendment, supplement, deletion or modification shall contain the information specified in this chapter and shall be processed in accordance with the procedures set forth in division (C) above. The Director Transportation and Planning, Mayor or their designated representatives may authorize minor modifications that:

         (a)   Do not alter the basic relationship of the proposed development to adjacent property;

         (b)   Do not alter the uses permitted;

         (c)   Do not increase the maximum density, floor area, height or site coverage;

         (d)   Do not decrease the amount of off-street parking; and

         (e)   Do not reduce the minimum yards or setbacks.

      (2)   An applicant may appeal the decision of the Director of Transportation and Planning, Mayor or their designated representative to the Zoning Board of Adjustment for review and decision as to whether a formal amendment to the Planned Development (PD) District shall be required.

   (F)   Coordination with subdivision ordinance.

      (1)   It is the intent of this section that subdivision review under the subdivision regulations of the city be carried out simultaneously with the review of a Planned Development (PD) District under the provisions of this chapter.

      (2)   Both this chapter and Ch. 159 of this chapter contain regulations that apply to such matters in the design of a Planned Development (PD) District such as streets, utilities and open spaces. In any Planned Development (PD) District for which the provisions of the two ordinances are in conflict, the Director of Transportation and Planning shall submit a recommendation to the Planning Board and Zoning Commission, which shall determine which standard shall prevail.

(1998 Code, App. A, § 40-48) (Ord. 01-07, passed 3-21-2001)

   (A)   Purpose.

      (1)   District S-P is intended to be utilized for the following purposes:

         (a)   Encourage a procedure which can relate the type, design and layout of a proposed development to a particular site;

         (b)   Develop uses on difficult size and shape lots;

         (c)   Promote new and innovative development concepts;

         (d)   Provide compatibility by limiting uses when necessary to protect adjacent areas;

         (e)   Provide for the mixing of various land uses where appropriate;

         (f)   Provide for the development of specific uses which are not normally found in zoning districts;

         (g)   Provide limited flexibility from standard ordinance requirements as long as those deviations continue to meet the intent of the chapter; and

         (h)   Provide additional information and regulatory controls concerning the proposed use or uses for the protection of the public health, safety, morals and general welfare of the community.

      (2)   Even though the district permits deviations from standard zoning district requirements, it is not the intent, nor the purpose, of the S-P District to be utilized to obtain these deviations for the sole benefit of the development or applicant.

   (B)   Principal uses. Any use not prohibited by this chapter or any other ordinances may be authorized in the S-P District.

   (C)   Uses.

      (1)   Uses; reasons for classification. The following uses are included under District S-P due to the following reasons:

         (a)   General. This type of use is allowed in all districts zoned for residential uses such as A, A-1, A-2, B, B-1, C, C-1; 2) The rational and nexus is to allow the city a means in which to continue to fulfill its obligation in promoting and protecting the health, safety and general welfare of all citizens in the city including those that will reside in this type of facility. This is a departure from the conventional application of this chapter for this district. This departure is made in order to facilitate a notification process which will still allow the legally required flexibility for this type of development and at the same time have a mechanism in place in order to monitor and inventory all personal care facilities within the city.

            1.   Personal care facilities. PERSONAL CARE FACILITIES shall mean a shared residential living arrangement which provides a family-type environment for up to and including four handicapped persons, supervised by one or more primary care givers, subject to compliance with the permit conditions listed in this division (C)(1)(a):

               a.   As used in this section, with respect to a person, HANDICAP means:

                  i.   A physical or mental impairment which substantially limits one or more of such person’s major life activities, as defined in division (C)(1)(a)1.b. below;

                  ii.   A record of having such an impairment; or

                  iii.   Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined by Tex. Health and Safety Code Ch. 481.

               b.   As used in this section, PHYSICAL OR MENTAL IMPAIRMENT includes:

                  i.   Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

                  ii.   Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term PHYSICAL OR MENTAL IMPAIRMENT includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, pre-senile dementia, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction (other than addiction caused by current illegal use of a controlled substance) and alcoholism.

               c.   For purposes of this exception, MAJOR LIFE ACTIVITIES includes functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

            2.   Permits.

               a.   No personal care facility as defined in division (C)(1)(a)1. above shall hereafter operate until a permit has been issued by the Director of Planning of the city, or his or her designee, stating that the facility complies with the provisions of this chapter.

               b.   The applicant shall provide a site plan which clearly shows compliance with the following criteria:

                  i.   Any single-family dwelling unit which is proposed to be utilized for shared group housing for the handicapped shall provide, as a minimum, the following square footage in each bedroom.

                     A.   To house one handicapped person per bedroom, the dwelling unit must provide 100 square feet of space per bedroom utilized for this purpose.

                     B.   To house two handicapped persons per bedroom, the dwelling unit must provide 120 square feet of space per bedroom utilized for this purpose.

                  ii.   Any single-family dwelling unit which is proposed to be utilized for a personal-care facility for handicapped persons shall provide for a separate bedroom for the care provider or providers.

                  iii.   Parking for the residents of a personal care facility shall not exceed the number of bedrooms in the facility. At least one paved parking space shall be provided on the premises of the facility for each bedroom in the facility.

               c.   An inspection shall be conducted by the City Inspection Department, using as its criteria the appropriate portions of the requirements of the Minimum Licensing Standards for Facilities Serving Persons with Mental Retardation and Related Conditions, or its most current amendment as established by the State Department of Health Bureau of Long-Term Care, or the Minimum Licensing Standards for Personal Care Facilities as established and amended under Tex. Health and Safety Code §§ 247.001 et seq. The Inspection Department shall prepare a report describing the property and any remedial improvements which must be completed in order for the property to meet the minimum standards. The report shall be forwarded to the applicant and to the Director of Planning or his or her designee, and no permit shall be issued until the proposed home has met the minimum standards.

               d.   A $50 permit fee shall be assessed to defray administrative and inspection costs for each permit issued. This fee may be adjusted by the City Commission.

               e.   The facility shall comply with all applicable Fire and Building Codes of the city and shall comply with the provisions of the Federal Americans with Disabilities Act.

               f.   No other group living arrangements shall be located within a radius of 600 feet of the home for which the permit is requested. Such measurements shall be measured from property line to property line. Other group living arrangements shall include, but not be limited to, homes for the mentally retarded, personal care facilities, adult foster care homes and group housing for handicapped persons. In making the determination that no home exists within 600 feet, the Director of Planning shall consider information provided by the applicant, information contained in the records of the city, and information obtained by physical inspection of the premises, if any.

               g.   The holder of the permit shall be in charge of and responsible for the operation of the dwelling unit for shared group housing.

               h.   Permit shall be renewed annually, so long as the facility continues to comply with the standards described in this division (C)(1)(a)2.. Permits are non-transferred.

               i.   City inspection personnel shall have the right to conduct inspections to ensure continued compliance with standards at any time; and, in the event a home is found to be in violation of the standards, the Inspector shall forward to the Director of Planning a report describing the violations and that the Director of Planning or his or her designee may withdraw the permit. Following withdrawal of the permit and issuance of a vacate order, the permit holder shall have the right to appeal the decision of the Director of Planning or his or her designee to the zoning Board of Adjustment within ten days.

               j.   The permit shall be prominently displayed in the facility at all times. Permit shall include the following statement:

“The city does not license facilities as to quality of care. This structure has been inspected and has met the minimum requirements for personal care facilities specified in § 160.052 of the code of ordinances for the city.”

               k.   Any permit issued under this section shall become void and of no further effect in the event the use of the premises is discontinued for a period of one year, or if the property is restored to use as a single-family residence.

               l.   Nothing in this section shall be construed as attempting to regulate or affect the right of handicapped individuals to purchase their own housing for single-family residences or to affect the right of individuals to care for handicapped family members. Nothing in this section shall be construed as attempting to regulate homes established pursuant to Tex. Rev. Civ. Stat. Art. 1011(n).

            3.   Five or more persons. Personal-care-facilities persons in a shared residential living arrangement which provides a family-type environment for five or more handicapped persons, supervised by one or more primary care givers, as further defined in division (A)(1)(a)1. above, are subject to compliance with the permit conditions listed in divisions (A)(1)(a)1. and (A)(1)(a)2. above. The maximum number of handicapped individuals per dwelling shall be six.

         (b)   Uses restricted to district S-P. The following uses, because of the character or potential impact on the public health, safety, morals and general welfare of the city, are hereafter required to be located in District S-P:

            1.   Aviation fields and airports;

            2.   Bed and breakfast establishments. The site plan for bed and breakfast shall comply with the following provisions of this division (C)(1)(b).

                  a.   Purpose and intent. The establishment of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to the city, but the income from such a facility provides incentives for maintaining older homes. This chapter is formulated and adopted on the basis of the public policy that supports the city as a tourist destination of persons interested in the architectural and historical significance of the city’s older residential structures. This chapter focuses on the need to provide an incentive for owners of the city’s older/historical homes to continue occupancy and maintenance of historical homes. Therefore, the chapter is intended to enable residential dwellings built more than 50 years old and/or of historical significance to conduct bed and breakfast operations providing they meet certain restrictions. The chapter emphasizes protection to neighborhoods with the provisions that prohibit nuisance and detrimental change in the residential character of any site proposed for a bed and breakfast operation. Owners of bed and breakfast facilities will be allowed to serve meals to paying overnight guests, attenders to social functions and tours and the like. All state and County Health District requirements shall be met. An applicant for bed and breakfast must own and reside at the site.

               b.   Criteria for evaluation. The location, size, design and operating characteristics of the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures or natural resources, with consideration given to:

                  i.   Harmony in scale, bulk, coverage and density;

                  ii.   The availability of public facilities, services and utilities;

                  iii.   The harmful effect, if any, upon desirable neighborhood character;

                  iv.   The generation of traffic and the capacity and physical character of surrounding streets;

                  v.   Provide adequate landscaping and screening if determined applicable by the staff and Planning Board;

                  vi.   The suitability of the site for the type and intensity of use or development which is proposed;

                  vii.   Each facility must comply with Ch. 11, § 11-5, “Lodging or Rooming Houses” NFPA 101 Life Safety Code;

                  viii.   The Fire Marshal or designee shall inspect all bed and breakfast facilities. The facility must successfully pass the inspection and inspections will be made on an annual basis;

                  ix.   The Building Inspector shall inspect the site for compliance to applicable Building Codes;

                  x.   The Texas Department of Licensing and Regulation shall review the plans for conformance to Elimination of Architectural Barriers Act, Tex. Rev. Civ. Stat. Art. 9102; and

                  xi.   All site plan bed and breakfast requests shall be reviewed by the Planning Board for appropriateness and specific development requirements.

            3.   Cemeteries, mausoleums and crematories;

            4.   Child care institutions;

            5.   Gun clubs, skeet shoots and target ranges;

            6.   Halfway houses;

            7.   Prisons;

            8.   Radio, television and microwave towers.

               a.   Intent. It is the intent that the zoning ordinance provisions for site plan (radio, television, and microwave towers) provide flexibility and fairness for the development of such a facility and maintain adequate regulatory controls needed for site appropriateness, harmony and compatibility with regards to land use; and to ensure that the development is built with adherence to all development provisions, standards and codes established by the city.

               b.   Exemptions from site zoning. The following tower uses are exempt from site plan zoning:

                  i.   Any tower less than 60 feet in height in non-residential zoned property;

                  ii.   Any tower less than 75 feet in height and an accessory to a commercial or industrial facility;

                  iii.   Any tower less than 300 feet in height and an accessory to a heavy industrial facility;

                  iv.   Any tower attached to and extending less than 35 feet above an existing structure (e.g., electrical distribution tower, elevated water tanks, building);

                  v.   Any tower less than 50 feet in height in residential zoned property if used only for amateur purposes and not for business or profit; and

                  vi.   A government owned tower/antenna or communication structure used primarily for public safety purposes will be exempt from the zoning and other general requirements.

               c.   Permit requirements. All towers whether site plan zoned or exempted must receive permit approval meeting all applicable codes and requirements and meeting the following guidelines:

                  i.   Setback requirements.

                     A.   The distance from the base of the tower to the nearest entrance corridor (being defined as I-45, FM 1764, Highway 146, Highway 3, FM 1765 and 25th Avenue North) shall be two times the height of the tower for towers less than 100 feet high and three times the height for towers 100 feet high up to 200 feet high and four times the height for towers over 200 feet high.

                     B.   The distance from the base of the tower to the nearest residential structure, platted residential subdivision lot or paved public road shall be: