The zoning regulations and districts, as herein established, have been made for the purpose of promoting the health, safety, morals, and general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to provide for the peaceful enjoyment (free of unreasonable disturbance or nuisance) of their land by property owners; to facilitate the adequate provision of transportation, water, sewer, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of real property and associated improvements, and encouraging the most appropriate use of land throughout the city.

(Ord. No. 47, § 1, 4-10-2005)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words in the present tense include the future, words in the singular number include the plural number and words in the plural number include the singular number; the term "building" includes the term "structure"; the term "lot" includes the terms "plot" or "tract"; the term "shall" is mandatory and not discretionary.

Accessory building (detached) means, in a residential district, a subordinate building detached and used for a purpose customarily incidental to the main structure, such as a private garage for automobile storage, tool house, lath house or greenhouse as a hobby (no business), home workshop, children's playhouse, storage house or garden shelter, but not involving the conduct of a business or a guesthouse residence.

Accessory use means a use subordinate to, and incidental to, the primary use of the main building or to the primary use of the premises.

Acre means a measure of land containing 43,560 square feet.

Administrator. See City administrator.

Airport or landing field means an area improved for the landing or takeoff of aircraft approved by the city for operation as an aircraft landing facility.

Alcoholic beverages, sale for consumption off-premise, means the standard use listing for a convenience store or similar facility where the sale of malt beverages for off-premise consumption is an allowed use according to zoning standards.

Alcoholic beverages, sale of mixed drinks for on-premise consumption (equal to or exceeding 75 percent of gross revenue from alcohol sales), means the standard use listing which will allow the on-premise sale of alcoholic beverages for on-premise consumption where the gross revenue from on-premise sales of alcohol beverages equals or exceeds 75 percent of gross revenues of the establishment. Allowed by conditional use permit in general business, light industrial, and heavy industrial districts.

Alley means a public right-of-way or thoroughfare which affords only secondary means of access to property abutting thereon.

Amortization means a method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period of time.

Amusement, commercial (indoor), means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and including, but not limited to, a bowling alley, billiard parlor or shooting range.

Amusement, commercial (outdoor), means any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including, but not limited to, a golf driving range, archery range and miniature golf course.

Annexation means the incorporation of land area into an existing municipality with a resulting change in the boundaries of that municipality.

Antique shop means an establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment.

Apartment means a room or suite of rooms in a multifamily dwelling or apartment house arranged, designed or occupied as a place of residence by a single-family, individual or group of individuals.

Apartment house means any building or portion thereof which is designated, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or which is occupied as a home or place of residence by three or more families living in independent dwelling units.

Applicant means a person submitting an application for development, land use, zone change, variance from these standards, or as otherwise provided in this article.

Area of the lot means the net area of the lot which does not include portions of streets or alleys.

Art gallery or museum means an institution for the collection, display and distribution of objects of art or science, and which is sponsored by a public or quasi-public agency, and which facility is open to the general public.

Auto repair, major vehicle repair, means a business specializing in major repair of motor vehicles, including any use listed below, as well as any use not listed as minor vehicle servicing:

(1)

Auto glass, seat cover and muffler shop;

(2)

Auto painting or body rebuilding shop;

(3)

Tire retreading and capping;

(4)

Body, fender, clutch, transmission, differential, axle, spring and frame repairs;

(5)

Major overhauling of engines requiring removal therefrom of cylinder head or crankcase pan, and any associated engine rebuilding;

(6)

Repair of radiator requiring removal from the vehicle;

(7)

Repair of truck, trailer, farm or industrial equipment, or other machinery/supplies; or

(8)

Brake work, other than minor maintenance, such as disc pad replacement and minor brake adjustment.

Auto repair, minor vehicle servicing, means a business specializing in minor, routine, periodic, preventive maintenance of a motor vehicle conducted entirely within an enclosed building, including the following:

(1)

Servicing of spark plugs, batteries, distributors and distributor parts, and including minor engine tune-ups;

(2)

Tire servicing and flat repair, but not recapping or regrooving;

(3)

Radiator cleaning and flushing (in vehicle);

(4)

Fuel pump, oil pump, and related maintenance;

(5)

Minor servicing of carburetors;

(6)

Emergency wiring repairs;

(7)

Minor motor adjustment not involving removal of head or crankcase;

(8)

Quick oil and filter change;

(9)

Servicing hoses, fan belts, brake fluid, lightbulbs, fuses, floor mats, seatbelts, windshield wipers, mirrors, and installation of vehicle accessories, such as radios;

(10)

Lubrication, greasing, and washing; or

(11)

Disc pad replacement and minor brake adjustment.

Auto sales, new or used (outdoor lot), means an open, dust-free, all-weather area, other than a street, alley or other public place, used for the display and sale of new or used automobiles, where no repair work, except those actions normally associated with vehicle operator service, is done on the cars to be displayed and sold on the premises. A sales office is normally located on the premises, and such shall be limited to an area less than ten percent of the total sales lot.

Auto sales facility, new or used, means an open, dust-free, all-weather surface, other than a street, alley, or other public place, used for the display, wholesale or retail sale, repair, renovation and temporary storage, not to exceed 90 days for repairs or renovation of new or used automobiles.

Barbershop or beauty shop means a business of cutting or dressing hair, shaving or trimming beards, performing manicures, facials or other grooming services, including the performing of other related services or the selling of related goods, for human beings or animals.

Basement means a building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.

Block means an area enclosed by streets and occupied by or intended for buildings; or, if the term "block" is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.

Boardinghouse/lodginghouse/roominghouse means a building, other than a hotel, where lodging and meals for four or more persons are served for compensation.

Buildable lot area means the area that remains after subtracting the area required for the front, side and rear lot setbacks.

Building means any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. The term "building" is synonymous with the term "structure."

Building ends means those sides of a building having the least dimension as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwellings, a building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot, or is adjacent to the side lot line or another building.

Building line means a line parallel or approximately parallel to the street line at a specified distance therefrom, creating the minimum distance from the street line that a building must be situated or located.

Business registration means a procedure which takes place prior to initiating a business use wherein the following three items are satisfied:

(1)

Identification of emergency contacts;

(2)

Address verification; and

(3)

Zoning use confirmation.

Cellar means a building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Cemetery means land used, or intended to be used, for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Certificate of occupancy means an official certificate issued by the city administrator which indicates conformance with, or approved conditional waiver from, the zoning regulations and authorizes the use of the premises for which it is issued.

Child care center, intermediate facility, means a facility (including nonresidential structures) which provides custodial care and supervision for less than 24 hours a day for between seven and 12 children, excluding foster and group homes. The facility must contain a minimum of 150 square feet of floor area for each child.

Child care center, large facility, means a facility where over 12 children receive custodial care and supervision for less than 24 hours a day, excluding foster and group homes.

Child care center, small home-based facility, means a private residence where the occupant provides custodial care and supervision for less than 24 hours a day for a maximum of six children at any one time. The maximum of six children includes the family's natural or adopted children under the age of 14 years. The residence must contain a minimum of 150 square feet of floor area for each child. This use shall exclude a family/group home.

Church or rectory means a place of worship and religious training of recognized religions, including on-site housing of ministers, rabbis, priests, nuns and similar staff personnel.

City administrator means the chief administrative officer of the city, that individual responsible for issuing building permits and enforcing provisions of the building codes adopted by the city, as well as enforcing this article (includes all duties and responsibilities ascribed to the statutorily defined term "city secretary").

Cleaning or laundry self-service shop means to be of the customer self-service type and not a commercial laundry or cleaning plant.

Cleaning shop or laundry (small shop) means a custom cleaning shop not exceeding 2,500 square feet of floor area.

Clinic means a group of offices for one or more physicians, surgeons or dentists to treat sick or injured out-patients who do not remain overnight.

Clothing manufacture and light compounding or fabrication includes, but is not limited to, cutting, sewing and forming garments, millinery and accessories, and the making of jewelry, compounding of perfume, small instruments or pharmaceuticals, when no noise, dust, vibration, odor or other undesirable or obnoxious condition is created to affect adjacent property.

College or university means an academic institution of higher learning, accredited or recognized by the state, and offering a program or series of programs of academic study.

Common area means privately owned land and improvements within a townhouse, planned development, or community unit development, including buildings, common open space, central services and utilities, streets, walks, parking areas, fencing and screening walls, landscaping, and any other elements and facilities under common ownership and available for the use of all owners or tenants.

Common open space means that portion of the common area which is designated for outdoor recreation area, private park, play lot, plaza, athletic court, swimming pool, fountain, stream or pond, ornamental landscaping or natural vegetation offering visual amenity, and which is open to general view and conveniently accessible to pedestrians within the project.

Community center (public) means a building and grounds owned or leased and operated by a governmental body for the social, recreational, health or welfare of the community served.

Community unit development means an area of three acres or more of unsubdivided land, or the frontage on one side of a street between two intersecting streets planned as a single integral residential development, which may contain variable types of housing with yard setbacks and open space standards differing from the district in which it is located, but which observes the overall density standards set forth in such district. Where the overall density standards are proposed to vary from those of the district in which the community unit development is located, the development should be processed as a planned development district.

Comprehensive (master) plan means the comprehensive plan of the city and adjoining areas adopted by the city council, including all its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements, to include detailed plans for water, sewer, etc.

Conditional use means a use permitted in a particular zoning district only upon showing that such use in a specified location will be compatible and can comply with all the conditions and standards for the location or operation of such a use as specified in this chapter.

Condominium structure means a building or group of buildings in which dwelling units are owned individually, while the structure and common areas and facilities are owned by all the owners on a proportional, individual basis.

Convalescent home means any structure used for, or customarily occupied by, persons recovering from illness or suffering from infirmities of age.

Country club (private) means an area of 20 acres or more containing a golf course and a clubhouse and available only to private specific membership; such a club may contain adjunct facilities, such as a private club, dining room, swimming pool, tennis court and similar recreational or service facilities.

Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other open space.

Coverage means the percentage of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of three feet from the walls of a building shall be excluded from the coverage computations.

Custom personal service means a tailor, dressmaker, shoe shop or similar shop offering custom service.

Dance hall or nightclub means an establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulation by the city.

Day camp means a facility arranged and conducted for the organized recreation and instruction of children, including outdoor activities on a daytime basis.

District means a section of the city for which the zoning regulations governing the area, height, or use of the land and buildings are uniform.

Dwelling, multiple-family, means any building or portion thereof which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or which is occupied as a home or residence of three or more families.

Dwelling, one-family, means a detached building having accommodations for and occupied by not more than one family.

Dwelling, two-family, means a detached building designed and constructed with two separate living units under a single roof for occupancy by two families.

Dwelling unit means a building or portion of a building that is arranged, occupied, or intended to be occupied as living quarters, and includes facilities for food preparation and sleeping.

Dwelling unit, triplex, means a detached building designed and constructed with three separate living units under a single roof for occupancy by three families.

Exclusive use district means a zoning district that allows only one use, or a limited range of uses, within the specified zoning district.

Family means any number of individuals living together as a single housekeeping unit, in which not more than three individuals are unrelated by blood, marriage, adoption, or guardianship, and occupying a dwelling unit.

Family/group home means a dwelling unit used as a single housekeeping unit where not more than six physically or mentally disabled persons are provided room and board, as well as supervised care and rehabilitation provided by not more than two persons. The term "family home" means a community-based residential home operated in accordance with the Community Homes for Disabled Persons Location Act and its amendments.

Farm accessory building means a structure, other than a dwelling, on a farm, as herein defined, for the housing, protection or storage of the usual farm equipment, animals and crops.

Farm, ranch, garden or orchard means an area of three acres or more which is used for the primary purpose of growing of usual farm products, such as vegetables, fruits, trees, and grain, and for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle and sheep, and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals, and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Floodplain means any land area susceptible to being inundated by water from any source. See section 44-85.

Floor area means the total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, carports or garages.

Floor area ratio (FAR) means the ratio of the total square feet of floor area in a structure to the total square feet of land in the lot or tract on which the structure is located.

Food and beverage sales store means a retail establishment of greater than 2,500 square feet of total floor area selling a variety of consumables, notions and/or similar items, usually serving a significant market area. The sale of malt beverages for off-premise consumption is allowed, if not otherwise prohibited.

Food and beverage sales store (convenience) means a retail establishment of less than 2,500 square feet of total floor area selling a variety of consumables, notions and/or similar items, usually serving as a convenient outlet to a neighborhood. This activity can include the retail sale and self-service dispensing of gasoline or other fuels. Where the retail sale and self-service dispensing of gasoline or other fuels is carried out, this activity shall be limited to general retail or less restrictive zoning. The sale of malt beverages for off-premise consumption is allowed, if not otherwise prohibited.

Gasoline station, full service, means a place where gasoline, other fuels, oil and grease and/or accessories are sold and dispensed to the retail motor vehicle trade, and where one or more of the following activities are conducted: motor vehicles are serviced and repaired; stored batteries are recharged and cared for; or vehicle tires are stored, serviced or exchanged.

Gasoline station, self-service, means a place where the services provided are limited to the retail sale, either self-service or attendant dispensed, of gasoline, other fuels and petroleum products for the motor vehicle trade.

Golf course (commercial) means a golf course privately owned but open to the public for a fee and operated as a commercial venture.

Halfway house means a dwelling unit used as a single housekeeping unit for not more than six persons who have demonstrated a tendency towards alcoholism, drug abuse, anti-social or criminal conduct, together with not more than two persons providing supervision and other services to such persons.

Height means the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:

(1)

The highest point of the roof's surface, if a flat surface;

(2)

To the deck line of mansard roofs; or

(3)

To the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires and parapet walls not exceeding ten feet in height.

If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Heliport means a landing facility for rotary wing aircraft subject to regularly scheduled use, and may include fueling or servicing facilities for such craft and subject to approval by the city.

Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of 6,000 pounds and not for regularly scheduled stops and subject to approval by the city.

Home for aged residence means a home where elderly people are provided with lodging and meals without nursing care.

Home occupation means an occupation carried on in the home by a member of the occupant's family, secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any commodity for sale on the premises, and which does not create obnoxious noise or other obnoxious conditions to abutting residential property, such as emission of odor, increased traffic, or generation of light or smoke, and where the use is carried on in the main structure only. A home occupation shall specifically exclude the operation of a repair garage, beauty shop, or barbershop. A child care center, small home-based facility, is allowed only if the conditions for this use can be satisfied on the property.

Homeowners' or unit owners' association means any association or organization of co-owners within a townhouse project, including the council of co-owners of a condominium or townhouse management association, organized for the primary purpose of managing and maintaining the common areas and common open space in any townhouse project. An organization, association, or other entity formed and controlled by the developer, project owner or general partner for this purpose will be included in the term "homeowners' or unit owners' association."

Hospital (acute care) means an institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the state.

Hospital (chronic care) means an institution where those persons suffering from illness, injury, deformity or deficiency of age are given care and treatment on a prolonged or permanent basis, and which is licensed by the state.

Hotel or motel means a building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of six individual guest rooms or units and shall furnish customary hotel services, such as linen, maid service, telephone, use and upkeep of furniture.

Incinerator means a furnace or apparatus for burning waste materials, such as trash, wood and other flammable items, for the purpose of reducing their weight and bulk.

Institution for the care of alcoholic or narcotic patients means an institution offering resident or out-patient treatment to alcoholic or narcotic patients.

Kennel means a place in which five or more dogs or cats at least six months of age are kept, boarded or trained by the owners of the dogs or cats or by persons providing facilities and care, with or without compensation.

Kindergarten or pre-school means a private instructional facility offering an educational program generally equivalent to state-approved curriculum for pre-school children and operating on a regular basis. A pre-school/kindergarten is not a child care facility.

Legal height means the maximum height of a building permitted by any zoning standard, including airport zoning regulations, or other ordinances restricting the height of structures.

Livestock auction facility means barns, pens and sheds for the temporary holding and sale of livestock.

Living unit means the rooms occupied by a family, and must include cooking facilities.

Loading space (zone) means an off-street space or berth used for the loading or unloading of commercial or industrial vehicles.

Local utility line means the facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad and pole-mounted transformers.

Lodginghouse/boardinghouse/roominghouse. See Boardinghouse.

Lot means a platted parcel of land occupied or to be occupied by a building and its accessory buildings, and including such parking, landscaping and open spaces as are required under this article and having its principal frontage upon a public street or officially approved place.

Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot, or the area determined as the maximum cross sectional area of a building.

Lot depth means the mean distance between the front and rear lot lines.

Lot lines means the lines bounding a lot, as defined herein.

Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk or a parcel of land, the deed for which it is recorded in the office of the county clerk prior to the adoption of the city subdivision ordinance.

Lot width means the width of a lot at the front building line.

Main building means the building on a lot which is occupied by the primary use.

Manufactured home (also known as "HUD-code manufactured home") means a structure constructed on or after June 15, 1976, according to the rules of the United State 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 in length, or, when erected on site, is 800 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. Anything less than the length and/or width specified in this definition shall not be allowed in a manufactured home park and shall not be installed, located or placed on any lot, land or other location within the city's corporate limits.

Manufactured home park means a tract of land containing a minimum of five acres which is designed, improved or intended to be used or rented for the installation, placement or occupancy by manufactured homes in designated spaces in conformance with all applicable laws, ordinances, regulations and other requirements.

Manufactured home subdivision means a tract of land containing a minimum of five acres which has been designed, platted and approved, and is intended for the placement of individually owned manufactured home units on platted lots which can be purchased outright by the owners of the manufactured home units.

Mini-storage warehouse means a building or group of buildings consisting of individualized shelters of various sizes for rent or lease for the purpose of providing protection of commodities stored therein. The size of each individual storage unit of a mini-storage warehouse shall be limited to 2,000 cubic feet.

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 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. Mobile homes shall not be installed, located or placed on any lot, land or other location within the city's corporate limits.

Modular building (industrialized building) means a commercial structure that is constructed in one or more modules or constructed using one or more modular components, built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term "modular building" includes the plumbing, heating, air conditioning, and electrical systems. The term "modular building" does not include any commercial structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.

Modular home (industrialized housing) means a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components, built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term "modular home" does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term "modular home" shall not mean, nor apply to:

(1)

Housing constructed of sectional or panelized systems not utilizing modular components; or

(2)

Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

The term "modular home" includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term "modular home" does not include a mobile home, as defined in the Texas Manufactured Housing Standards Act (art. 5221f, V.T.C.S.); nor does it include building modules incorporating concrete or masonry as the primary structural element. See Table 44-77.1 for locations where this use is allowed.

Multiple-family dwelling (apartment) means any building or portion thereof which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or which is occupied as a home or place of residence by three or more families living in independent dwelling units.

Nonconforming lot means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision or amendment of the ordinance from which this article is derived, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of this article.

Nonconforming structure or building means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of the ordinance from which this article is derived, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of this article.

Nonconforming use means a use or activity which was lawful prior to the adoption, revision or amendment of the ordinance from which this article is derived, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of this article.

Occupancy means the use or intended use of the land or buildings by the owners, proprietors or tenants.

Off-street parking as expansion of retail or commercial use means an off-street parking lot located in a residential district immediately adjacent to a local retail or general business district, and granted by conditional use permit.

Off-street parking incidental to main use means off-street parking spaces provided in accordance with the requirements specified by this article and located on the lot or tract occupied by the main use or within 150 feet of such lot or tract, and located within the same zoning district as the main use or in an adjacent parking district.

Open space means area included in any side, rear or front yard, or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches, and plant material.

Open/outdoor storage means the keeping, in an unroofed area, of any goods, junk, material, or merchandise on a lot, parcel or tract of land for more than 24 hours.

Park or playground (public) means an open recreation facility or park owned and operated by a public agency, such as the city or school district, and available to the general public for neighborhood use, but not involving lighted athletic fields for nighttime play.

Parking lot or structure, commercial (auto), means an area or structure devoted to the parking or storage of automobiles for a fee. The term "parking lot or structure, commercial (auto)," may include, in the case of a parking structure only, a facility for servicing of automobiles, provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.

Parking space means an enclosed or unenclosed all-weather (asphalt or concrete only) surfaced area for the parking of a motor vehicle. A typical 90-degree parking space shall measure nine feet by 18 feet and shall not be on a public street or in an alley, and shall also include an all-weather (asphalt or concrete only) surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress to the street or alley. Any parking space adjacent to a public street wherein the parking maneuvers must be done on the public street, shall not be classified as off-street parking in satisfying the parking area requirements specified in this article, except that this provision shall not apply to the following zones: A, SF-1, SF-2, SF-3, and MHSF, MH-1, MH-2.

Performance standard means a set of criteria or limits relating to nuisance elements that a particular use or process may not exceed.

Planned development district (PDD) means a special zoning district category that provides an alternate approach to conventional land use controls. A PDD is a complex private development that might include residential and commercial uses, cluster housing, common areas, unusual arrangement of structures on site, or other combinations of structures and uses that depart from conventional single-purpose, standard-placement structures and uses. A PDD is a special zoning district category that provides an alternate approach to conventional land use controls. The PDD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a master design statement or a master development plan. The PDD is subject to special review procedures, and, once approved by the city council by ordinance, it becomes a special zoning classification for the property it represents.

Planned neighborhood development means an area of 200 to 800 acres established as a planned development district in which the number of dwelling units, types of housing, open space, park, school, public and semi-public areas and service areas are established as a basic framework for development.

Playfield or stadium (public) means an athletic field or stadium owned and operated by a public agency for the general public, including, but not limited to, a baseball field, golf course, football field or stadium which may be lighted for nighttime play.

Private garage means an accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space.

Processing means the method or action to enhance recyclable materials for reuse, including, but not limited to, separating, baling, flattening, shredding, crushing, cleaning, or cutting for the purpose of preparing recyclable materials for reuse, excluding a smelter operation.

Public building, shop or yard of local, state or federal government means facilities, such as office buildings, maintenance yards and shops, required by branches of local, state or federal government for service to an area, such as a highway department yard, city service center or experiment station.

Radio, television or microwave tower means structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television.

Railroad team track means a siding for spotting and unloading or loading box cars or other railroad cars, and which area is connected to a public street by a drive for access.

Railroad track and right-of-way does not include railroad stations, siding, team tracks, loading facilities, docks, yards or maintenance areas.

Recyclable materials means materials, including, but not limited to, scrap steel, aluminum cans, appliances, paper, batteries, glass bottles, motor vehicles, motor vehicle parts, and machinery, that have no economic value except as composition material.

Recycling collection location means a location where glass, paper, plastics and/or aluminum cans only are deposited in containers, with no processing on site, and usually occurring as an accessory use on the property.

Recycling operation means any lot, tract, building or structure used for the collection, buying, storage, or processing of recyclable materials in bulk form, which are then processed into other recyclable materials for the purpose of reuse and manufacture, excluding a smelter operation.

Recycling operation inside a building means a recycling operation which is fully enclosed within permanent walls and a roof of a building or, if windows and doors are present, which is capable of enclosure to ensure compliance with the required performance standards in the LI and HI districts as appropriate. The outside storage of recyclable materials in conjunction with the recycling operation inside a building is prohibited in LI districts unless allowed as a condition of a conditional use permit. A dust collection system, if utilized in a LI district, may be located outside the main building if authorized by the conditional use permit.

Recycling operation outside a building means a recycling operation which occurs in the open, without the capability of enclosure inside a building.

Residential districts/zones means the Single-Family Dwelling District-1 (SF-1), Single-Family Dwelling District-2 (SF-2), Single-Family Dwelling District-3 (SF-3), Manufactured Home District (MH), Multiple-Family Dwelling District-1 (MF-1), and Multiple-Family Dwelling District-2 (MF-2).

Residential lane means a street that is a minor public thoroughfare which, by its design, discourages through traffic and which may afford the only public vehicular access to lots abutting thereon, which lots shall be restricted to residential use as set forth herein, for the Single-Family Dwelling District-3. A residential lane shall have the minimum widths, pavement widths, public utility easement requirements and other requirements as set forth in this article and other applicable ordinances and regulations of the city.

Restaurant or cafeteria (not of drive-in type) means an establishment serving food to the general public in specific, designated dining areas, and shall not include drive-in establishments where food is delivered to or eaten in automobiles.

Restaurant or eating establishment (drive-in service) means an establishment designed and constructed to serve food for consumption on the premises in an automobile or for carry-out for off-premise consumption, and which establishment may or may not have an on-premise dining room or counter.

Retail shop, apparel, gift, accessory and similar items means small retail shops, such as dress shops or gift shops, serving specific neighborhood areas, as differentiated from department stores or discount stores having community-wide service importance.

Roominghouse/boardinghouse/lodginghouse. See Boardinghouse.

School, business, means a business organized to operate for a profit and offering instruction and training in a service or art, such as a secretarial school, barber college, beauty school or commercial art school, but not including manual trade schools.

School, commercial trade, means a business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades.

School, public or denominational, means a school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.

Signs. See section 44-131.

Single-family dwelling means a dwelling designed and constructed as a freestanding structure for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.

Site plan means the development plan for one or more lots showing the existing and proposed conditions of the lot, including, for example, curb cuts, utilities, landscaping, structures and signs, screening devices, lot dimensions, adjacent development, and any other information reasonably required in order to make an informed judgment about the compatibility of the proposal.

Stable (private) means an accessory building for quartering horses when the stable building is set back from all adjacent property lines at least 50 feet, is at least 100 feet from any adjacent residence, and when the site contains a minimum area of one acre.

Story means the height between the successive floors of a building or from the top floor to the roof. The standard height for a story is 11 feet, six inches.

Street means any vehicular way which:

(1)

Is an existing state, county, or municipal roadway; or

(2)

Is shown upon a plat approved pursuant to law; or

(3)

Is approved by other official action; or

(4)

Is shown upon a plat duly filed and recorded in the county courthouse, and includes the land between the street right-of-way lines, whether improved or unimproved.

A street provides a primary means of access to abutting property.

Street, arterial, means a major street in the city street system that primarily provides vehicular circulation to various sections of the city and carries high volume. See Thoroughfare plan.

Street, collector, means a street which primarily provides circulation within neighborhoods, to carry traffic from local streets to arterial or major thoroughfare streets, or to carry traffic through or adjacent to commercial or industrial areas. See Thoroughfare plan.

Street, cul-de-sac, means a local street with only one street outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Street, local, means a street designed primarily for access to abutting residential property. A local street does not include roadways that carry through traffic, but will generally be intersected frequently by collector streets.

Street, residential lane, means a street which, by its design, discourages through traffic and which may afford the only vehicular access to lots abutting thereon, which lots shall be restricted to residential use as set forth for only certain zoning districts in this chapter and its amending ordinances.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way line.

Structural alterations means any change in the supporting member of a building, such as a bearing wall, column, beam or girder.

Structure. See Building.

Swimming pool (commercial) means a swimming pool, with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee.

Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling, and located and fenced in accordance with state law and city regulations. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Telephone exchange means switching relay and transmitting equipment, but not including public business facilities, storage or repair facilities.

Temporary field or construction office means a structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions, and for sheltering employees and equipment.

Thoroughfare plan/major street plan means a general graphic presentation, accompanied by written text, describing the proposed arrangement of various classes of streets in the city at some future date. A thoroughfare plan is a component of the city's comprehensive plan.

Townhouse means a structure on an individual lot which is one of a series of three or more dwelling units designed for single-family occupancy, which dwelling units are structurally connected or immediately adjacent to and abutting each other between individual dwelling units. A condominium apartment (as defined in V.T.C.A., Property Code § 81) in a condominium structure may be considered a townhouse if no other dwelling unit or use of any kind exists immediately above or below it. Any project including three or more such condominiums or townhouses shall be considered a townhouse project.

Upholstery shop means a business establishment engaged in the installation of soft covering material, such as fabric and underlayment, for furniture and other objects. Except, however, with respect to motor vehicles, it shall only include interior upholstering. In no event shall an upholstery shop include the manufacture or building of furniture or other objects.

Use or land use means the activity or function that actually takes place or is intended to take place on a lot, or the purpose for which land or buildings are or may be occupied in a zoning district.

Use permitted by right means a use which this chapter designates as a permitted use within a particular district and under certain conditions.

Utilities other than listed means any utility requiring a franchise, such as closed circuit television, distribution of steam, hot or chilled water, or similar service requiring the use of public streets or easements.

Variance means an adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Wrecking yard means any lot, tract, or building or structure upon which used automobiles or parts of used automobiles or other motor vehicles are stored for the primary purpose of obtaining parts for resale as an automotive or motor vehicle part.

Yard means an open space other than a court on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhangs and similar special architectural features and plant material.

Yard, front, means an open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

Yard, rear, means an open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line, and having a depth between the building and the rear lot line as specified in the district in which the lot is situated.

Yard, side, means an open, unoccupied space on one or two sides of a main building and on the same lot with the building situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed a side yard.

Zoning means the division of a municipality into districts in an effort to achieve compatible land use relationships, and the associated establishment of regulations governing the use, placement, spacing and size of land and buildings in order to achieve that compatibility.

Zoning map means the official map showing the division of the city into districts, which is a part of this chapter.

Zoo (private) means a facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise.

Zoo (public) means a publicly owned zoo or similar facility owned and operated by the city or a nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.

(Ord. No. 47, § 21, 4-10-2005)

(a)

This article is applicable to property within the city limits. The city is hereby divided into 13 zoning districts; the use, height and area regulations as set out herein shall be uniform in each district. The 13 districts established shall be known as:

(b)

Zoning district descriptions. Zoning is used in the city to achieve compatible land use arrangements. Complementary land use transitions are often capable of achieving a good land use fit between different uses and zoning districts. Summarized below are the city's zoning districts, with a brief explanation of the principal uses allowed in each. (See the tables in section 44-77 for details on the descriptions provided below.)

(Ord. No. 47, § 3, 4-10-2005)

(a)

The boundaries of the zoning districts set out herein are delineated upon the zoning district map of the city, said map, being a part of this article as fully as if the same were set forth in detail.

(b)

Three original, official, and identical copies of the zoning district map are hereby adopted, bearing the signature of the mayor and the attestation of the city administrator, and shall be filed and maintained as follows:

(1)

One copy shall be filed with the city administrator and retained as the original record, and shall not be changed in any manner.

(2)

One copy, referred to as the current record, shall be filed with the city administrator and shall be maintained up to date by the city administrator by posting thereon all changes and subsequent amendments for observation in issuing building permits and certificates of occupancy, and compliance and enforcement of this article.

(3)

Reproductions for information purposes may, from time to time, be made of the official zoning district map.

(Ord. No. 47, § 4, 4-10-2005)

Note— the city administrator is assigned all duties and responsibilities legally ascribed to a city secretary.

The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning district map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city limits shall be construed as following city limits.

(4)

Boundaries indicated as following railroad lines shall be construed to the centerline of the right-of-way or, if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as parallel to, or extensions of, features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the original zoning district map or by subsequent amendment shall be determined by the scale of the map.

(7)

Whenever any street, alley or other public way is vacated by official action of the city council, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or way, and all area so involved shall then and henceforth be subject to all regulations of the extended districts.

(8)

Where physical features on the ground are at variance with information shown on the official zoning district map, or when there arises a question as to how or whether a parcel of property is zoned, and such question cannot be resolved by the application of subsections (1) through (7) of this section, the property shall be considered as classified A, Agricultural District, temporarily in the same manner as provided for newly annexed territory, and the issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions provided in section 44-59 for temporarily zoned areas.

(Ord. No. 47, § 5, 4-10-2005)

(a)

All territory hereafter annexed to the city shall be temporarily classified as A, Agricultural District, until permanent zoning is established by the city council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations.

(b)

In an area temporarily classified as A, Agricultural District:

(1)

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 city administrator or the city council, as may be required herein.

(2)

No permit for the construction of a building or use of land shall be issued by the city administrator other than a permit which will allow the construction of a building permitted in the A, Agricultural District, unless and until such territory has been classified in a zoning district other than the A, Agricultural District, by the city council in the manner provided by law, except as provided in subsection (b)(3) of this section.

(3)

Application for a permit for a use other than what is specified in subsection (b)(2) of this section shall be made to the city administrator. The city administrator shall forward the application to the city council. The city council will be furnished background on the proposal and the surrounding conditions by the city administrator. The city administrator, in making a recommendation to the city council concerning any such permit, shall take into consideration the appropriate land use for the area. The city council, after receiving and reviewing the recommendation of the city administrator may, by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application.

(4)

When annexation and permanent zoning of territory is under consideration, a public hearing may be held by the city council to consider both questions, and both annexation and zoning may be recommended and acted upon simultaneously.

(Ord. No. 47, § 6, 4-10-2005)

Land and buildings in each of the following classified districts may be used for any of the following listed uses, but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted, which is arranged or designated or used in a manner other than specified for the district in which it is located, as set forth by the following schedule, or as such schedule may be subsequently amended:

Legend for Interpreting Schedule of Use  

● Designates use permitted in district indicated

□ Designates use prohibited in district indicated

C Indicates use may be approved as conditional permit (see section 44-81)

   Mfg. home means manufactured home

Note: Symbols applicable to the following use schedules, Tables 44-77.1 through 44-77.13.

Table 44-77.1. Primary Residential Uses

Table 44-77.2. Accessory and Incidental Uses

Table 44-77.3. Utility and Service Uses

Table 44-77.4. Recreational and Entertainment Uses

¹ If alcohol sales are planned, must conform to appropriate listing and its standards.

Table 44-77.5. Educational, Institutional and Special Uses

¹ Allowed only when provided in conjunction with service to employees. See definition of the term "kindergarten or pre-school."

Table 44-77.6. Transportation and Related Uses

Table 44-77.7. Automobile and Related Service Uses

Table 44-77.8. Retail and Service Type Uses

Table 44-77.9. Agricultural Uses

Table 44-77.10. Commercial Type Uses

¹ See subdivision V of division 3 of this article.

Table 44-77.11. Natural Resource Storage and Extraction Uses

Table 44-77.12. Special Industrial Process Uses

Table 44-77.13. General Manufacturing and Industrial Uses

(Ord. No. 47, § 7-100, 4-10-2005)

In order to evaluate a proposal for a land use not identified by this article, a determination of the appropriate classification of any new or unlisted land use will occur as follows:

(1)

The city administrator may refer the question concerning any new or unlisted use to the city council, requesting an interpretation of the appropriate zoning classification for such a use. The city administrator shall submit to the council a statement of facts listing the nature of the use and whether it involves dwelling activity; sales; processing; type of products, storage and amount and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated; and the general requirements for public utilities, such as water and sanitary sewer.

(2)

The city council shall consider the nature and described performance of the proposed use, its compatibility with the uses permitted in the various districts, and determine the zoning district within which such use should be permitted. The city council shall, by ordinance, approve the referred zoning proposal, or make such determination concerning classification of the use as it determines appropriate.

(Ord. No. 47, § 7-200, 4-10-2005)

(a)

At no point at the bounding line may a zoning district receive sound pressure levels that exceed the decibel levels specified in the groups designated in the following table:

(b)

The term "decibel (dB)" means a unit of measurement of sound pressure, or noise level. An increase by ten decibels doubles the volume.

(c)

Measurement of the noise shall be made with a decibel meter meeting the standards prescribed by the American National Standards Institute.

(d)

The noise levels included in this article shall not be applicable to extraction operations or emergency vehicles.

(Ord. No. 47, § 7-300, 4-10-2005)

All uses in the LI (light industrial) and the HI (heavy industrial) districts shall conform in operation, location and construction to the performance standards herein specified for odorous matter, toxic and noxious matter, smoke, particulate matter and other air contaminants, fire and explosive or hazardous matter, vibration, open storage and glare.

(1)

Smoke and particulate matter. No operation or use in a LI district or HI district shall cause, create or allow the emission of air contaminants that violate state or federal environmental laws. Open storage and open processing operations, including on-site transportation movements which are a source of wind or airborne dust or other particulate matter, are subject to the standards and regulations specified herein.

(2)

Odorous matter.

a.

No use may be located or operated in a LI district which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

b.

No use may be located or operated in a HI district which involves the emission of odorous matter from a source of operation where the odorous matter exceeds a concentration at the bounding property line or any point beyond the tract on which such use or operation is located which, when diluted with an equal volume of odor-free air, exceeds the odor threshold (two odor units).

c.

The odor threshold as herein set forth is determined by observation by the city administrator. In any case where uncertainty may arise, or where the operator or owner of an odor-emitting use may disagree with the enforcing officer, or where specific measurement of odor concentration is required, the method and procedures as specified by the American Society for Testing Materials, ASTM D-1391-57, entitled "Standard Method for Measurement of Odor in Atmospheres," will be used, and a copy of ASTM D-1391-57 is hereby incorporated by reference.

(3)

Fire and explosive hazard material.

a.

No use involving the manufacture or storage of compounds or products which decompose by detonation is permitted in an LI district or an HI district except that chlorates, nitrates, perchlorates phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire marshal of the city as not presenting a fire or explosion hazard.

b.

The storage and use of all flammable liquids and materials, such as pyroxylin plastics, nitrocellulose films, solvents and petroleum products, is permitted only when such storage or use conforms to the standards and regulations of the National Fire Protection Association.

(4)

Toxic and noxious matter.

a.

No operation or use permitted in an LI district may emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which exceeds the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the state department of health in Threshold Limit Values Occupational Health Regulation No. 3, as such regulations exist or may later be amended.

b.

No operation or use permitted in an HI district may emit a concentration across the bounding property line of the tract on which such operation or use is located violating state or federal environmental laws. Open storage and open processing operations, including on site transportation movements, which are a source of wind or airborne dust or other particulate matter, are subject to the standards and regulations specified herein.

(5)

Vibration.

a.

No operation or use in an LI district may, at any time, create earthborne vibration which, when measured at the bounding property line of the source of operation, exceeds the limit of displacement set forth in the following table in the frequency ranges specified:

b.

No operation or use in an HI district may, at any time, create earthborne vibration which, when measured at the bounding property line of the source of operation, exceeds the limit of displacement set forth in the following table in the frequency ranges specified:

(6)

Glare. No use or operation in a LI or HI district may be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination, nor may any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

(Ord. No. 47, § 7-400, 4-10-2005)

(a)

This section provides the city council the opportunity to deny or conditionally approve those uses for which conditional use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use or possible adverse impact on neighboring properties of the use, review, evaluation and exercise of planning judgment relative to the location and site plan of the proposed use are required.

(b)

Approval of conditional use permits.

(1)

The city council, after a public hearing and proper notice to all parties affected, may authorize the issuance of conditional use permits for the uses indicated by "C" in the use schedule, Tables 44-77.1 through 44-77.13.

(2)

The city council may approve conditional use permits based on the following criteria:

a.

No impact on health or safety.

b.

Benefit to the property owner and/or community.

c.

Absence of significant impact to neighboring properties and the community in general.

d.

Mitigation of hardship on the property owner that would be alleviated by the permit.

(c)

A building permit or certificate of occupancy will not be issued for any use proposed in a zoning district which requires a conditional use permit unless a conditional use permit has first been authorized in accordance with the provisions of this article.

(d)

Any person proposing to begin a use requiring a conditional use permit may file an application available from the city. The application shall be accompanied by a site plan. The site plan, along with the application, will become a part of the conditional use permit, if approved. The accompanying site plan shall provide the following information:

(1)

Data describing all the processes and activities involved with the proposed use;

(2)

Boundaries of the area covered by the site plan;

(3)

The location of each existing and proposed building and structure in the area covered by the site plan, and the number of stories, height, roofline, gross floor area and location of building entrances and exits;

(4)

The location of existing and proposed drainageways and significant natural features;

(5)

Proposed landscaping and screening buffers;

(6)

Location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities;

(7)

The location, height, and type of each wall, fence, and all other types of screening; and

(8)

The location, height, and size of all proposed signs.

(9)

Location of all utilities.

(e)

The notification and public hearing process for conditional use permits or revocations thereof shall be the same as rezoning amendments.

(f)

A conditional use permit shall be authorized only if all the following conditions have been found:

(1)

The conditional use permit will be compatible with, and not injurious to, the use and enjoyment of the property, nor significantly diminish or impair property values within the immediate vicinity;

(2)

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property;

(3)

Adequate utilities, access roads, drainage, and other necessary support facilities have been or will be provided, where appropriate;

(4)

The design, location, and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development, where appropriate;

(5)

Adequate nuisance prevention measures, where needed, have been or will be taken to prevent or control offensive odors, fumes, dust, noise, and vibration;

(6)

Directional lighting will be provided so as not to disturb or adversely affect neighboring properties, where appropriate; and

(7)

There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property, where appropriate.

(g)

In authorizing a conditional use permit, the city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community, including a time period for which a conditional use permit is valid. The city council, in considering and determining the additional conditions, may impose such developmental standards and safeguards as conditions and locations indicate to be important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosions, glare, offensive views or other undesirable or hazardous conditions.

(h)

A conditional use permit, once approved, shall run with the land and be used in conjunction with conditions approved, or as modified. A conditional use permit may be revoked or modified, after notice to the property owner and a hearing before the city council, for any of the following reasons:

(1)

The conditional use permit was obtained or extended by fraud of deception; or

(2)

That one or more of the conditions imposed by the permit has not been met or has been violated; or

(3)

That the conditional use permit previously authorized is determined to be detrimental to the health, safety and/or welfare of the general public.

(i)

The procedure for amendment of a conditional use permit will be the same as for a new application.

(j)

A person making application for a conditional use permit shall pay a fee in an amount determined, and as from time to time amended, by resolution approved by the city council, a copy of which shall be on file with the city administrator and in accordance with section 44-305(b).

(k)

All zoning district maps of the city will contain the following:

"CAUTION: Any prospective property owners or lessees should review the official zoning map located in the city administrator's office before consummating any agreement based on the current zoning depicted on this map and/or the current use of this property."

Such warning shall be placed in a conspicuous place on the map.

(Ord. No. 47, §§ 7-501—7-506, 7-508—7-512, 4-10-2005)

(a)

A conditional use permit to allow the on-premise sale of alcoholic beverages (as that term is defined by V.T.C.A., Alcoholic Beverage Code § 1.04), once approved, shall run with the land and be used in conjunction with the conditions approved or as modified, and is required for the on-premise sale of alcoholic beverages where the gross revenue from the on-premise sale of alcoholic beverages is 75 percent or more of the total gross revenues for the establishment.

(b)

General conditions applicable to all conditional use permits allowing the on-premise sale of alcoholic beverages, in accordance with this section:

(1)

The permittee must design and operate the establishment in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or the immediately surrounding area.

(2)

The permittee must comply with applicable licensing and permit provisions of the V.T.C.A., Alcoholic Beverage Code within six months from the date of the issuance of the conditional use permit by the city council, such limitation in time being subject to review and possible extension by the city.

(3)

The permittee must demonstrate that the granting of the permit would not be detrimental to the public welfare of the citizens of the city.

(4)

The permittee must, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The permittee shall consult with appropriate law enforcement, who shall act in an advisory capacity, to determine the number of qualified employees necessary to meet the permittee's obligations hereunder.

(5)

The establishment must provide adequate parking spaces to accommodate its members and their guests; provided, however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located.

(6)

The permittee must operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment or in the surrounding area, and operate the establishment in such a manner as to minimize disturbance to surrounding property owners.

(7)

The city council may deny or revoke a conditional use permit if it affirmatively determines that the issuance of the same is:

a.

Incompatible with the surrounding uses of property; or

b.

Detrimental or offensive to the neighborhood, or contrary to the health, safety, and general welfare of the city and its inhabitants.

(8)

A conditional use permit issued under this section runs with the property and is not affected by a change in the owner or lessee of a permitted establishment.

(9)

All conditional use permits issued under this section will be further conditioned that the same may be canceled, suspended or revoked in accordance with the revocation clause set forth in section 44-81(h).

(10)

Conditional use permits for this use may be approved only in the following zoning districts: local retail, general business, light industrial and heavy industrial.

(11)

No conditional use permit may be granted if the establishment for which a permit is sought is within 300 feet of a church, public school or private school, public hospital, day care center, child care center or any residentially zoned or developed lot. All distances provided for in this section will be determined by the measurement to be made in a straight line from the perimeter of the premises to be permitted to the nearest property line of the said church, public or private school, public hospital, day care center, child care center, any residentially zoned district, residential lot, or any residential development. A location in a multi-storied building on other than the ground floor will be treated as though it were on the ground floor for purpose of this straight-line distance measurement between property lines.

(Ord. No. 47, § 7-507, 4-10-2005)

Two categories of motor vehicle servicing/repair are hereby established, and they include minor vehicle servicing and major vehicle repair.

(1)

Minor vehicle servicing.

a.

Minor vehicle servicing is a business specializing in minor, routine, periodic, preventive maintenance of a motor vehicle conducted entirely within an enclosed building, including the following:

1.

Servicing of spark plugs, batteries, distributors and distributor parts, and including minor engine tune-ups;

2.

Tire servicing and flat repair, but not recapping or regrooving;

3.

Radiator cleaning and flushing (in vehicle);

4.

Fuel pump, oil pump, and related maintenance;

5.

Minor servicing of carburetors;

6.

Emergency wiring repairs;

7.

Minor motor adjustment not involving removal of head or crank case;

8.

Quick oil and filter change;

9.

Servicing hoses, fan belts, brake fluid, lightbulbs, fuses, floor mats, seatbelts, windshield wipers, wiper blades, grease retainers, wheel bearings, mirrors, and installation of vehicle accessories, such as radios;

10.

Lubrication, greasing, and washing;

11.

Disc pad replacement and minor brake adjustment.

Minor vehicle servicing is allowed in GB, LI and HI zoning districts by right.

b.

Minor vehicle servicing development standards.

1.

Vehicle servicing must be conducted completely within an enclosed building;

2.

Motor vehicles shall not exceed 1½ tons;

3.

All buildings shall be set back not less than 25 feet from all existing or proposed street rights-of-way, whichever is greater; 25 feet from any residentially zoned or developed property; and 25 feet from any public property, such as a school or park site;

4.

Signage shall conform to the appropriate zoning district;

5.

There shall be no outside storage or display of any kind;

6.

There shall be no parking of damaged motor vehicles, except on a temporary basis not to exceed 72 hours;

7.

Customer parking shall be provided on the site at a ratio of one space for each 200 square feet of gross building floor area, and shall conform to parking requirements in this article;

8.

Site plan review by the city administrator is required prior to initiating this use in order to ensure conformance with these conditions.

(2)

Major vehicle repair.

a.

Major vehicle repair is a business specializing in major repair of motor vehicles, including any use listed below, as well as any use not listed as minor vehicle servicing:

1.

Auto glass, seat cover and muffler shop;

2.

Auto painting or body rebuilding shop;

3.

Tire retreading and capping;

4.

Body, fender, clutch, transmission, differential, axle, spring and frame repairs;

5.

Major overhauling of engines requiring removal therefrom of cylinder head or crankcase pan, and any associated engine rebuilding;

6.

Repair of radiator requiring removal from the vehicle;

7.

Repair of truck, trailer, farm or industrial equipment, or other machinery/supplies;

8.

Brake work or repair, other than minor maintenance in subsection (1)a of this section.

Major vehicle repair is allowed in GB, LI, and HI districts, and is not allowed in the LR district under any circumstances.

b.

Major vehicle repair development standards.

1.

This use shall be conducted within a building (although does not always have to be completely enclosed, due to the nature of some of the uses);

2.

This use shall observe a minimum separation of 25 feet to residentially developed or zoned property and 25 feet from public property, such as a school or park;

3.

Vehicle parts and wrecked vehicles may be stored outside of a building if screened from public view at any street, residentially developed or zoned property, or adjacent or opposite public property, such as a school or park. Such storage shall never occupy more than 20 percent of the lot or tract; screening standards shall conform to provisions specified in section 44-243(d);

4.

There is no vehicle size limit;

5.

Signage shall conform to the appropriate zoning district;

6.

Customer parking shall be provided on the site at a ratio of one space for each 200 square feet of gross building floor area, and shall conform to parking requirements in this chapter.

7.

Site plan review by the city administrator is required prior to initiating this use in order to ensure conformance with these conditions.

(Ord. No. 47, §§ 7-520—7-522, 4-10-2005)

The standards for child care are as follows:

(1)

Child care, small home-based facility.

a.

A private residence where the occupant provides custodial care and supervision for less than 24 hours a day for a maximum of six children at any one time. The maximum of six children includes the family's natural or adopted children under the age of 14 years. The residence must contain a minimum of 150 square feet of floor area for each child. This use shall exclude a foster home and group home. Use allowed as noted in Table 44-77.5.

b.

A safe loading and unloading location shall be provided. Off-street parking in addition to the normally required parking for the residence is not required.

(2)

Child care center, intermediate facility.

a.

A facility (including nonresidential structures) which provides custodial care and supervision for less than 24 hours a day for between seven and 12 children, excluding a foster and group home. The facility must contain a minimum of 150 square feet of floor area for each child. Use allowed as noted in Table 44-77.5.

b.

An off-street location, such as a circle drive or another suitable location, shall be provided for loading and unloading. Maneuvering room must be provided on the tract for parking and loading so as to preclude the necessity of backing out into public streets. A minimum of two off-street parking spaces shall be provided, with one additional parking space provided for each staff member in excess of two. Loading, unloading, and parking areas shall be paved with either asphalt or concrete.

(3)

Child care, large facility.

a.

A facility where over 12 children receive custodial care and supervision for less than 24 hours a day, excluding foster and group homes. Use allowed as noted in Table 44-77.5.

b.

The parking objective stated in subsection (2)b of this section for an intermediate facility is identical for the large facility. In this circumstance, parking will be provided on the basis of one space per 400 square feet of gross floor area.

(4)

Site development standards. An applicant proposing a child care facility is required to prepare a site plan in accordance with the following minimum standards and the city administrator will verify compliance and issue a letter of conformance.

a.

Location. Each facility shall be located in an area which is free from conditions dangerous to the physical and moral well-being of the children.

b.

Construction codes. The building is subject to all other applicable laws, ordinances, and regulations of the city, including, but not limited to, building, electrical, fire and health requirements, and enforcement by the city administrator.

c.

Play area. The play area shall be separated from the vehicle circulation and parking areas.

d.

TDPRS standards. The fenced outdoor play area, the indoor play area, and all other pertinent standards as required shall be in conformance with the state department of protective and regulatory services, and the applicant must document this conformity to the city administrator.

(Ord. No. 47, §§ 7-530—7-533, 4-10-2005)

To provide for the appropriate use of land which has a history of inundation, or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding, portions of certain districts are designated with a floodplain prefix "FP." Areas designated on the zoning district map by a "FP" prefix shall be subject to the following provisions:

(1)

Uses permitted. The permitted uses in that portion of any district having a floodplain "FP" prefix are limited to the following:

a.

Agricultural activities, including the ordinary cultivation or grazing of land and legal types of animal husbandry;

b.

Off-street parking incidental to any adjacent main uses permitted in the district;

c.

Electrical substation;

d.

All types of local utilities, including those requiring conditional use permits when approved as provided in sections 44-81 and 44-82;

e.

Parks, community centers, playgrounds, public golf courses;

f.

Private commercial open area amusements such as golf courses, driving ranges, archery ranges and similar uses, when approved by a conditional use permit, as provided in sections 44-81 and 44-82;

g.

Private open space as part of a community unit development;

h.

Heliport when approved by a conditional use permit, as provided in sections 44-81 and 44-82.

(2)

No building or structure may be erected in that portion of any district designated with a floodplain "FP" prefix until, and unless, such building or structure has been approved by the city engineer, who will ascertain that such building or structure is not subject to damage by flooding and would not constitute an encroachment hazard or obstacle to the movement of floodwaters, and that such construction would not endanger the value and safety of other property or the public health and welfare.

(3)

Any dump, excavation, storage, filling or mining operation within that portion of a district having a floodplain "FP" prefix shall be approved in writing by the city engineer before such operation is begun.

(4)

An area may be removed from the floodplain "FP" prefix designation when, by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the city engineer that the flood hazard has been alleviated. Removal of the floodplain "FP" prefix shall be accomplished by resolution of the city council after written notification from the city engineer advising of the removal of the flood hazard.

(5)

The fact that land is, or is not, within a district having a floodplain "FP" prefix shall not be interpreted as assurance that such land or area is, or is not, subject to periodic local flooding.

(6)

Flood hazard prefix designation. The city council may, upon final determination that a lot, tract or parcel of land has no established history of periodic flooding but is subject to flood hazard and has not been designated with a floodplain prefix "FP," in lieu of the floodplain prefix "FP," designate said lot, tract or parcel with a flood hazard prefix "FH." Upon final approval of any zoning, rezoning or subdivision of a lot, tract or parcel of land designated with a flood hazard prefix "FH," said lot, tract or parcel, determined to be subject to flood hazard, shall be identified with an "FH" on the final map or plat filed with the city engineer, or in the records of the county clerk (the county in which the land is situated). The "FH" designation on said map or plat shall constitute notice and warning to any person or entity thereafter purchasing, mortgaging, leasing, building upon or otherwise dealing with the lot, tract or parcel of land that same may be subject to flooding.

(7)

Removal of flood hazard prefix.

a.

An area may be removed from the flood hazard prefix "FH" designation in the same manner provided for the removal of the floodplain prefix "FP" designation, established in subsection (4) of this section.

b.

The fact that land is, or is not, designated with a flood hazard prefix "FH" shall not be interpreted as assurance or representation that such land or area is, or is not, subject to periodic local flooding.

(Ord. No. 47, § 7-600, 4-10-2005)

(a)

General conditions.

(1)

Approval.

a.

An outdoor shooting range may be allowed by conditional use permit in agricultural, light industrial, and heavy industrial zoning districts. The approval process shall consist of two phases, as follows:

1.

Phase 1: General site plan approval; and

2.

Phase 2: Detailed site plan approval.

b.

Elements required in each phase are identified in subsections (b) and (c) of this section. Both phases shall include a public hearing and property owner notification as required for a zone change, and city council approval.

(2)

No rifles or automatic weapons are allowed.

(3)

No armor piercing or incendiary ammunition is allowed.

(4)

Ammunition larger than 0.460 caliber shall not be allowed.

(5)

There is no minimum range site (total property) required. Range, range site, and uninhabited downrange safety area shall be under uniform control and ownership, so as to maintain its permanency.

(6)

Range area includes the firing line; target line, backstops, side berms and walls; and baffles and other safety barriers. No portion of a range area shall be nearer than 100 feet to any public right-of-way or adjacent property line.

(7)

Firing of handguns shall be prohibited during the hours between sunset and sunrise.

(8)

Range shall be used only under the supervision of trained personnel.

(9)

Appropriate certifications must be obtained from the state department of public safety.

(10)

Operators shall be covered by adequate accident and liability insurance in an amount of not less than $1,000,000.00 per single occurrence and $2,000,000.00 aggregate per year (combined single-limit for personal injury, death or property damage).

(11)

Conditional use permit may be revoked at any time, following public hearing, as provided by section 44-81(h).

(12)

No building permit related to the development of the shooting range may be issued until both Phase 1 and 2 have been approved.

(13)

Property owner notification shall include owners with property located in the ETJ.

(14)

Range shall conform in all respects to TCEQ standards and regulations.

(15)

Range shall be accessible by persons with disabilities and provide parking and restroom facilities as required by law.

(16)

Range operator shall be responsible for proper disposition of spent casings and projectiles.

(17)

Range operator shall be responsible for ensuring no alcoholic beverages are present on the entire range site.

(18)

Violation of any federal, state, or local law shall be grounds for revoking this conditional use permit.

(19)

No portion of range shall be located in a floodway.

(b)

General site plan approval, Phase 1.

(1)

Application form, application fee, and general site plan required.

(2)

General site plan elements:

a.

Identify and provide dimensions of range site and range area.

b.

Provide distances from range area to adjacent properties and roads.

c.

Identify all structures within 1,000 feet of range site and provide distances.

d.

Show all existing utilities on site and within 150 feet of range site.

e.

Show all drainage features/contours.

(3)

Approval process requires a public hearing and proper notice to all parties affected, as required for a zoning change, and approval by the city council.

(4)

Phase 2 must be completed prior to any construction or range development.

(c)

Detailed site plan approval, Phase 2.

(1)

Application form, application fee, and detailed site plan required.

(2)

Environmental assessment, sound study, and construction plans required, and must be prepared and sealed by a certified engineer licensed to practice in the state.

(3)

Application shall include water features/drainage plan, soils report, and sound study.

(4)

Detailed site plan elements:

a.

Incorporate results of environmental assessment and sound study, including noise abatement elements.

b.

Site plan must demonstrate design will contain projectiles within berms/enclosures within the range site.

c.

If berms/baffles consist of tires, tires must be covered with earthen material.

d.

Range site and downrange safety area shall be surrounded by a fence of suitable height and material to exclude unauthorized entry by persons or livestock. Warning signs shall be provided along the perimeter of the fence. These signs shall be placed at the applicant's expense and shall specify a firing range is present, operational during daylight hours. Firing of handguns shall be prohibited during the hours between sunset and sunrise.

e.

Paved parking, landscaping, and all other requirements of the zoning ordinance/subdivision ordinance (see chapter 34 and this article) shall be satisfied.

(5)

Construction plans shall be approved by the city engineer for design.

(6)

Plans shall be approved by the appropriate law enforcement authority for safety.

(7)

Approval process requires a public hearing and proper notice to all parties affected, as required for a zoning change, and approval by the city council.

(Ord. No. 47, § 7-700, 4-10-2005)

(a)

A nonconforming status shall exist under the following provisions:

(1)

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the ordinance from which this article is derived, and has been operating since without discontinuance.

(2)

When, on the effective date of the ordinance from which this article is derived, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the previous zoning ordinance, or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which the use or structure is located.

(b)

No nonconforming use or structure lawfully existing and operating prior to the adoption of the ordinance from which this article is derived may be increased, enlarged or expanded beyond that, as it existed on the effective date of the ordinance from which this article is derived, except in the following circumstances:

(1)

To provide off-street loading or off-street parking spaces, upon approval of the city council; or

(2)

To remodel or build an addition to an existing residential structure in a light industrial or heavy industrial district, in conformance with the area regulations for Single-Family Dwelling District-3; or

(3)

To replace a mobile home with a HUD-code manufactured home on property where the existing mobile home was in existence and lawfully located before the adoption of the ordinance from which this article is derived. The terms "mobile home" and "HUD-code manufactured home" have the meanings established in the Texas Manufactured Housing Standards Act.

(4)

Manufactured homes in SF districts may be replaced for a period of ten years after adoption of the ordinance from which this article is derived.

(c)

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

(d)

Whenever a nonconforming use is abandoned, all nonconforming rights shall cease, and the use of the premises shall thenceforth be in conformity with this article. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use which, not involving a permanent type structure, is moved from the premises shall be considered to have been abandoned.

(e)

If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this article. In the case of partial destruction of a nonconforming use not exceeding 60 percent of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the city council, but the size and function of the nonconforming use shall not be expanded.

(Ord. No. 47, § 17, 4-10-2005)

(a)

The Planned Development District, herein referred to as PDD, is a special zoning district category that provides an alternate approach to conventional land use controls. The PDD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a master design statement or a master development plan. The PDD is subject to special review procedures, and, once approved by the city council, it becomes a special zoning classification for the property it represents.

(b)

The intent and purpose of the planned unit development provisions are to:

(1)

Encourage innovative development while maintaining appropriate limitations on the character and intensity of use, ensuring compatibility with adjoining and proximate properties, and following the guidelines of the comprehensive plan;

(2)

Permit flexibility and creativity within the development to maximize the unique physical features of the particular site;

(3)

Encourage efficient use of land, facilitate economic arrangement of buildings and circulations systems, and encourage diversified living environments and land uses; and

(4)

Achieve a continuity of function and design within the development, and to encourage diversified living environments and land uses, including open space and common areas; and

(5)

Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety and welfare of the community.

(c)

The city council, after public hearing and proper notice to all parties affected, may authorize the creation of a planned development district by ordinance.

(d)

The Planned Development District (PDD) is a district which accommodates planned associations of uses developed as integral land use units, such as industrial districts; offices; retail, commercial or service centers; shopping centers; and residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units, either by a single owner or a combination of owners. A PDD may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this article. While greater flexibility is given to allow special conditions or restrictions, which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.

(Ord. No. 47, § 20-100, 4-10-2005)

(a)

An application for a PDD shall specify the base zoning district upon which the PDD is based, and the use or the combination of uses proposed (particularly if any of the proposed uses are not allowed by right in the base zoning district). In selecting a base zoning district, the uses allowed in the base district must be similar or compatible with those proposed for the PDD. PDD designations shall not be attached to CUP requirements. Conditional use permits allowed in a base zoning district are allowed in a PDD only if specifically identified at the time of PDD approval, and if specifically cited as an additional use (i.e., to those allowed by right in the base zoning district) in the ordinance establishing the PDD.

(b)

In the case of residential PDDs for single-family or duplex categories, the proposed lot area shall be no smaller than the lot sizes allowed in the base zoning district, except for minor changes in a small percentage of the lots in order to provide improved design or flexibility in the layout of the subdivision.

(Ord. No. 47, § 20-101, 4-10-2005)

(a)

General uses permitted. Development requirements for each separate PDD shall be set forth in the amending ordinance granting the PDD, and shall include, but may not be limited to, uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the city council may deem appropriate.

(b)

Uses to conform to base zoning district standards. In the PDD, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The base zoning district shall be stated in the granting ordinance. All applications to the city shall list all requested deviations from the standard requirements set forth throughout this article (applications without this list will be considered incomplete), as may be amended. The PDD shall conform to all other regulations of the base zoning district, as well as all other applicable ordinance provisions, unless specifically changed or excluded in the ordinance establishing the PDD.

(c)

Statement of purpose for granting a PDD. The ordinance granting a PDD shall include a statement as to the purpose and intent of the PDD granted therein. A specific list is required of modifications in each district and a general statement citing the reason for the PDD request.

(d)

Minimum acreage. The minimum acreage for a PDD request shall be one acre.

(e)

Approval and filing of appropriate plans and standards for PDD projects. In establishing a planned development district in accordance with this article, the city council shall approve and file, as part of the amending ordinance, appropriate plans and standards for each PDD. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a concept plan for a proposed nonresidential, multifamily or manufactured home project, or a land study for a proposed residential (i.e., single- or two-family) project, shall be required along with the PDD zoning application. A detailed site plan may be submitted in lieu of the concept plan (or a preliminary plat in lieu of the land study), if the applicant prefers to do so.

(f)

Concept plan or land study. This plan shall be submitted by the applicant at the time of the PDD request. The plan shall show the applicant's intent for the use of the land within the proposed planned development district in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The city may prepare application forms which further describe and explain the following requirements:

(1)

Residential land study. A land study plan shall be submitted with any residential PDD zoning request for a development comprised of single-family (detached or attached) or two-family (duplex) dwellings on individually platted lots, and shall show general uses, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot arrangements, proposed densities, proposed screening, landscaped or private amenity areas, project scheduling, and other pertinent development data. Application procedures and requirements for land studies shall be the same as those established for concept plans, as set out in the city subdivision regulations.

(2)

Concept plan. A concept plan shall be submitted with any nonresidential, multifamily, or manufactured home PDD zoning request, and shall clearly show all pertinent aspects of the type and nature of the proposed development. The concept plan shall show the types of use proposed; access, topography and boundaries of the PDD area; existing physical features of the site; existing and proposed streets, alleys, easements and lot lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening and landscaped areas; project phasing and scheduling; and other pertinent development data to adequately describe the proposed development.

a.

A detailed site plan shall be submitted for approval (in accordance with subsection (f)(2)b of this section) within one year from the approval date of the concept plan for all or some portion/lot of the planned development district covered by the overall concept plan.

b.

If a detailed site plan is not submitted within one year, then the concept plan may be subject to review by the city council to determine its continued validity.

c.

If the city determines that the concept plan is no longer valid or that the proposed development is no longer viable, then a new concept plan (along with a zoning application to amend the PDD ordinance and its accompanying concept plan) must be submitted for review and approval prior to detailed site plan review/approval (and any subsequent issuance of a building permit) for any portion of the PDD.

(g)

Site plan (detailed). Submission and approval of the detailed site plan shall be in accordance with this article and shall accompany an application for planned development district zoning if the applicant prefers to submit the detailed site plan in lieu of the required concept plan. The detailed site plan will establish the final plans for development of the planned development district (or any portion/lot thereof), and it shall substantially conform to the site layout and development data approved on the concept plan (adopted along with the PDD ordinance). If a concept plan was previously approved for the overall PDD, then a detailed site plan (along with the required engineering/architectural site construction plans) may be submitted for only the sections/lots that are proposed for immediate development rather than for the entire PDD. If no concept plan was approved with the ordinance establishing the PDD, then a detailed site plan (along with the required engineering/architectural site construction plans) must be submitted for the entire PDD, even though only portions of it are proposed for immediate development.

(h)

Preliminary plat to qualify as site plan for single- or two-family residential districts. For any single- or two-family residential district (AG, MHSF, MH-1, MH-2, SF-1, SF-2, SF-3, MF-1, and MF-2), a preliminary plat shall qualify as the detailed site plan.

(Ord. No. 47, § 20-102, 4-10-2005)

(a)

The procedure for establishing a planned development district shall follow the procedures for zoning amendments, as set forth in this article. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the concept plan (or land study for a residential PDD) or the detailed site plan (or preliminary plat for a residential PDD) which is submitted along with the PDD zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the PDD zoning request shall also include the accompanying concept plan/land study or detailed site plan/preliminary plat.

(b)

The ordinance establishing the planned development district shall not be approved (or adopted) until the accompanying concept plan/land study or detailed site plan/preliminary plat is approved by the city council, and until all other procedural requirements set forth in this article are satisfied.

(c)

When a zoning request for a planned development district is being considered, a written report from the city administrator (or designee) discussing the project's impact upon planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire and traffic, as well as written comments from applicable public agencies (such as the school district and/or utility companies), may be submitted to the city council.

(d)

All planned development districts approved in accordance with the provisions of this article in its original form, or by subsequent amendments thereto, shall be referenced on the zoning district map, and a list of such planned development districts, showing the uses permitted and any other special stipulations of each PDD, shall be maintained as part of this article.

(Ord. No. 47, § 20-103, 4-10-2005)

(a)

It is the duty of the city administrator, through proper departments, to administer and enforce this article.

(b)

Administration and enforcement of this article shall be the responsibility of the city administrator. Interpretation of this article shall be made by the city administrator, with appeal to the city council.

(Ord. No. 47, § 15, 4-10-2005)

(a)

Appeals to the city council can be taken by any person aggrieved by any final decision of any official responsible for administration, interpretation, or enforcement of this article. Such appeals shall be taken within 20 days after the decision has been rendered by filing with the city administrator a notice of appeal specifying the grounds thereof. The city administrator shall forthwith transmit to the city council all the papers constituting the record upon which the action appealed from was taken.

(b)

An appeal shall stay all proceedings of the action appealed from unless the city administrator certifies to the city council, after the notice of appeal shall have been filed with the city administrator, that, by reason of facts stated in the certificate, a stay would, in the administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the city council or by an appropriate court.

(c)

The city council shall fix a reasonable time, not less than 31 days from the date of the application, for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time, not later than the 60th day after the date the appeal is filed. Any party may appear at the hearing in person or by agent or by attorney.

(d)

No appeal to the city council for the same or substantially similar variance relating to the same piece of property shall be allowed prior to the expiration of two years from a previous ruling by the city council on any appeal to such body unless other property in the immediate vicinity has, within the said two-year period, been changed or acted upon by the city council so as to alter the facts and conditions on which the previous council action was based. Such change of circumstances shall permit the rehearing of an appeal by the city council prior to the expiration of the said two-year period, but such conditions shall in no way have any force in law to compel the city council, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

(Ord. No. 47, § 16-100, 4-10-2005)

When, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the city council may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations herein established:

(1)

Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building, or the reconstruction of a structure destroyed by fire or the elements not to exceed 60 percent of its reasonable value, and the addition of off-street parking or off-street loading to a nonconforming use, provided such reconstruction does not prevent the return of such property to a conforming use.

(2)

To hear and decide appeals where it is alleged there is error in any final order, requirement, decision or determination made by any official responsible for administration, interpretation, or enforcement of this article.

(3)

Permit such variance or modifications of the height, yard, area, coverage, signage, landscaping, and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification.

a.

The city council may approve variances based on the following criteria:

1.

No impact on health or safety.

2.

Benefit to the property owner and/or community.

3.

Absence of significant impact to neighboring properties and the community in general.

4.

Mitigation of hardship on the property owner that would be alleviated by the permit or variance.

b.

In exercising its power to grant a variance in accordance with this article, the city council shall make findings and show in its minutes that:

1.

There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district; or

2.

That a variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed, under this article, by other properties in the vicinity and zoning district, but which rights are denied to the property on which the application is made; or

3.

That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by a comprehensive plan or any area plan, and will not adversely affect any other feature of a comprehensive plan or any area plan of the city.

4.

That the variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity.

5.

That the variance does not violate the intent of this article or its amendments.

(4)

Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this article. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The city council shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.

(5)

No variance may authorize a use other than a use permitted in the district for which the variance is sought.

(Ord. No. 47, § 16-101, 4-10-2005)

(a)

In exercising its powers, the city council may reverse or affirm, wholly or partly; may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made; and shall have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

(b)

The concurring vote of four members of the city council shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this article or to affect any variance in said article.

(c)

Any persons, jointly or severally, aggrieved by any decision of the city council, or any taxpayer or any officer, department or board of the city may present to an appropriate court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within the ten days after the filing of the decision by the city council in the city offices, and not thereafter.

(d)

Fee for processing city council requests. The city council may, by resolution, establish a processing fee to cover city council case file preparation, maps, and postage for property owner notification and other associated administrative expenses.

(Ord. No. 47, § 16-102, 4-10-2005)

Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of the ordinance from which this article is derived and which entire building shall be completed within one year from the date of the passage of the ordinance from which this article is derived.

(Ord. No. 47, § 18, 4-10-2005)

(a)

Any person or corporation having proprietary interest in any property affected by this article may petition the city council for a change or amendment to the provisions of this article, or the city council may, on its own motion, institute study and proposal for changes and amendments in the public interest.

(b)

Procedure.

(1)

The city council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established, as provided by the state statutes.

(2)

Before taking action on any proposed amendment, supplement or change, the city council shall hold a public hearing on any application for any amendment or change. When any such amendment or change relates to a change in classification or boundary of a zoning district, written notice of public hearing before the city council on the proposed amendment or change shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the most recently approved tax roll. The city council may not adopt a proposed change relating to a change in classification or boundary until after the 30th day after the date the notice outlined in this subsection is given.

(3)

When any such amendment relates to a change of a zoning regulation or to the text of this article not affecting specific property, notice of the public hearing of the city council shall be given by publication in a newspaper of general circulation in the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, which time shall not be earlier than 15 days from the date of publication.

(4)

The fees for processing an application for rezoning shall be set by resolution of the city council.

(5)

A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication in a newspaper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication.

(6)

If a protest against such proposed amendment, supplement or change has been filed, duly signed and acknowledged by the owners of 20 percent or more either of the area of the lots or land included in such a proposed change, or those immediately adjoining the area extending 200 feet therefrom, such amendment shall not become effective except by a three-fourths vote of all members of the city council.

(7)

Unless this provision is expressly waived by the city council, no proposed amendment, supplement, change or repeal of any section of this article which has been legally rejected by the city council shall be again considered by the city council, nor shall any appeal, petition or other application by an appellant be heard by the city council, prior to the expiration of six months from the date of the original action by the city council.

(Ord. No. 47, § 19, 4-10-2005)

In interpreting and applying the provisions of this article, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this article to interfere with, or abrogate, or annul any easements, covenants or other agreements between parties, provided, however, that where this article imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this article shall govern.

(Ord. No. 47, § 25, 4-10-2005)

By the passage of the ordinance from which this article is derived, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a zoning district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this article that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was repealed and the ordinance from which this article is derived was adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted, or causes presently pending proceeded with, in all respects as if such prior ordinance had not been repealed.

(Ord. No. 47, § 26, 4-10-2005)

Whenever any work is being done contrary to the provisions of this article, the city may order the work stopped by notice in writing (referred to as a "stop work order") served on any persons engaged in the doing or causing such work to be done. The stop work order shall be posted on the property related to the activity in question, and any such person shall forthwith stop work until authorized by the city to proceed with the work.

(Ord. No. 47, § 27, 4-10-2005)

A violation of this article shall authorize the city administrator or designee to cancel any permit depending in whole or in part on any approval under this article. If a permit is canceled, no further work shall be done on the project made the subject of the permit until the violation has been cured and new submittals under this article, as required by the city administrator or designee, have been made and approved in accordance with the provisions of this article and a new permit has been issued. A violation of this article shall authorize the city administrator or designee to deny any approvals or permits sought by the person violating this article.

(Ord. No. 47, § 28, 4-10-2005)

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted. Upon conviction of any such violation, such person shall be punished by a fine not exceeding $2,000.00 for violation of any provision of this article that governs or regulates fire safety, zoning, or public health or sanitation.

(Ord. No. 47, § 29, 4-10-2005)

The imposition of any penalties prescribed in this article shall not preclude the city attorney from instituting an action or proceeding to enjoin, correct, abate, restrain, prevent or discontinue any violation of this article, or prevent any illegal act, conduct, business or use in or about any premises.

(Ord. No. 47, § 30, 4-10-2005)