(a)

For the purposes of this chapter, the city is hereby divided into 18 districts as follows:

(b)

Floodplain designation overlay.

(1)

Notwithstanding the foregoing, there shall be a district known as an FP Floodplain [Overlay] District, which may be coextensive with, or overlap any or all of the foregoing districts, or portions thereof, and any tract of land or portion thereof may, at the same time, be zoned for the uses in one of the foregoing districts and be zoned FP Floodplain.

(2)

Where a tract of land or portion thereof is zoned for the uses of one of the foregoing districts and is also zoned FP Floodplain, the restrictions contained in the FP Floodplain [Overlay] District shall be applicable to said tract or portion thereof and shall take precedence over the other zoning district regulations.

(Ord. No. 242-2001, § 5(A), (B), 2-19-2001; Ord. No. 711-2020-10, § 8, 10-12-2020)

(a)

Purpose. The AG Agricultural District is intended to be used primarily in areas where agricultural uses should be retained, where scattered non-farm growth should be prevented, and as a temporary classification for newly annexed lands.

(b)

Uses permitted. The following uses shall be permitted:

(1)

Any customary agricultural use, building, or structure, including nurseries, greenhouses, orchards, truck farms and animal farms.

(2)

Single-family detached residential dwellings.

(3)

Churches and parish houses; cemeteries and crematories for the human dead; schools and colleges, including dormitories; public buildings and structures of the recreational, cultural, administrative and public service type; parks, playgrounds, and neighborhood recreational centers.

(4)

Private noncommercial recreation areas, including country clubs, riding stables, swim clubs, and similar uses.

(5)

Dairies and related establishments for processing milk products, not including retailing.

(6)

Public utilities and railroad rights-of-way and tracks, not including terminals, railroad yards, reservoirs, water towers, pumping plants, or storage yards.

(c)

Conditional uses. The following uses shall be permitted only if expressly authorized by the city council:

(1)

Hospitals for human care and veterinary hospitals of any kind, provided that the hospital grounds shall be distant at least 200 feet from any residential district.

(2)

Utility stations and communications. Static transformer stations, booster stations, transmitters and utility stations, when operating requirements necessitate locating in the district, provided there is no yard or garage for service or storage, and provided further that the premises upon which the utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood, and not objectionable as to noise, odor, vibration or other disturbances.

(3)

Radio and television transmitter tower.

(4)

Satellite dishes.

(5)

Essential services. Defined in section 34-3.

(6)

Bunkhouse.

(d)

Accessory uses. Accessory uses, buildings, or structures customarily incidental to any aforesaid permitted or conditionally permitted uses, including the following:

(1)

Temporary fruit stands on any premises used for agricultural purposes.

(2)

Parking facilities. Garages, carports, or other parking spaces for the exclusive use of residents of the premises in accordance with article IV of this chapter.

(3)

Swimming pools.

(e)

Area, yard; height; and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear) maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, [entitled] "Schedule of District Regulations," and other applicable provisions of article III of this chapter, [entitled] "Supplementary District Regulations."

(Ord. No. 242-2001, § 9, 2-19-2001)

(a)

Purpose. The R-1L Single-Family Residential, Large Lot District is established to allow for larger lots with one-family dwelling structures per three or more acres lot. This district is intended to provide for residential lands to accommodate more rural settings and accessory yard uses. These lots shall be located in groups, blocks, or areas (there can be no single lot zoning in this district) where the accessory uses of the land do not either materially or in an obnoxious manner influence neighboring properties.

(b)

Uses permitted. The following uses shall be permitted:

(1)

One-family dwellings, detached.

(2)

Agricultural uses, such as horse ranching and riding, but not including commercial dairies, commercial dog kennels, commercial hatcheries, and commercial mink, fox, or other fur-bearing animal farms and rat farms. Buildings and structures used for sheltering or feeding livestock shall be located not less than 25 feet from any adjoining lot in any residential district.

(3)

Parks and playgrounds.

(4)

Accessory uses, including but not limited to, the following:

a.

Athletic field and playfields, noncommercial, including stadiums or grandstands.

b.

Dwelling units and lodging rooms in detached buildings for persons regularly employed on the premises and the employees' immediate families.

(c)

Conditional uses. The following conditional uses may be allowed in an R-1L district subject to the provisions of section 34-11, and the distances specified in this subsection shall prevail unless they are modified by the board of adjustment in accordance with the provisions of section 34-11.

(1)

Public utility and public service uses as follows:

a.

Electric substations.

b.

Gas odorizing stations and gate stations.

c.

Radio and television towers.

d.

Satellite dishes.

e.

Railroad rights-of-way, but not including railroad yards and shops, freight and service buildings, or rights-of-way for switch, lead, spur, or team tracks.

f.

Telephone exchanges and transmission equipment buildings.

g.

Privately owned water pumping stations and water reservoirs.

(2)

Outdoor recreational premises, clubs, and grounds for swimming, tennis, boating, skiing, and other sports accessory clubhouses and maintenance buildings.

(3)

Churches, parish houses, and convents.

(4)

Public and private schools.

(5)

This limited use zoning allows the following exceptions to other ordinances of the city:

a.

Front building line: 50 feet.

b.

Side building line: ten feet.

c.

No out buildings in front of house.

d.

Utility easements will be 15 feet.

e.

No barbed wire fencing on the street side of a lot.

f.

The grass and weed regulations of the city shall apply to the area of the house and one acre, set aside as homestead, and the area between the homestead and the street. Cultivation of hay behind this reserved front area shall be permitted. (Height in excess of 36 inches shall be prima facie evidence that the grass and/or weeds are not being cultivated.)

g.

The animal regulations of the city shall apply in this zoning classification with the following exceptions:

1.

On a two-acre tract, one head of livestock may be kept (the term "livestock" means a horse or cow or one of each);

2.

One additional head of livestock may be added for each additional one acre;

3.

All livestock shall be pastured behind the house or the side of the house that faces the street in front of the lot, as determined by the front building line. Key lots may have two front building lines;

4.

No barn shall be within 75 feet of the main structure; and

5.

Livestock shall always be maintained in a clean environment.

h.

Driveways are to be concrete unless they are longer than 75 feet. [For driveways] longer than 75 feet, the owner may opt to concrete only the first 40 feet from the public road, and the remainder may be asphalt or approved road base and gravel.

(d)

Area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, [entitled] "Schedule of District Regulations," and other applicable provisions of section 34-62, [entitled] "Schedule of District Regulations."

(e)

Automobile parking space regulations. For automobile parking requirements, see article IV of this chapter.

(f)

Landscaping. For landscaping requirements, see article V of this chapter.

(Ord. No. 242-2001, § 10, 2-19-2001; Ord. No. 325-2007, § 1, 2-12-2007)

(a)

Purpose. The R-1 Single-Family Residential District is the predominant single-family housing district in the city. Unless otherwise specified or requested, all residentially suited areas presently undeveloped, should be zoned in this district. Development in the R-1 district is limited primarily to single-family dwellings and certain community and recreational facilities to serve residents of the district.

(b)

Uses permitted. The following uses shall be permitted:

(1)

One-family dwellings, detached and constructed on site. Manufactured homes are prohibited from occupying sites in the R-1 district.

(2)

Parks and playgrounds.

(3)

Accessory uses, including, but not limited to, the following:

a.

Athletic fields and playfields, noncommercial, including stadiums and grandstands.

b.

Temporary buildings for storage of building materials and equipment and construction purposes, when on the same or adjoining lot as the principal use, for a period not to exceed the duration of such construction.

(c)

Conditional uses. The following conditional uses may be allowed in the R-1 district, subject to the provisions of section 34-11, and the distances specified in this subsection shall prevail, unless they are modified by the board of adjustment in accordance with the provisions of section 34-11.

(1)

Public utility and public services uses as follows:

a.

Electric substations.

b.

Gas odorizing stations and gate stations.

c.

Railroad rights-of-way, but not including railroad yards and shops, freight and service buildings, or rights-of-way for switch, lead, spur or team tracks.

d.

Telephone exchanges and telephone transmission equipment buildings.

(2)

Colleges and universities, provided that the zoning lot shall not be less than 40 acres.

(3)

Churches, parish houses, and convents.

(4)

Public and private schools.

(d)

Area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, [entitled] "Schedule of District Regulations," and other applicable provisions of article III of this chapter, [entitled] "Supplementary District Regulations."

(e)

Automobile parking space regulations. For parking space requirements, see section article IV of this chapter.

(f)

Landscaping. For landscaping requirements, see article V of this chapter.

(Ord. No. 242-2001, § 11, 2-19-2001)

(a)

Purpose. The R-1S Single-Family Residential, Small Lot District is established to allow for smaller lots. This district is intended to provide denser urban or suburban settings than provided by other residential zoning districts. Development in the R-1S district is limited primarily to single-family dwellings and certain community and recreational facilities to serve residents of the district.

(b)

Uses permitted. The following uses shall be permitted:

(1)

One-family dwellings, detached and constructed on site. Manufactured homes are prohibited from occupying sites in the R-1S district.

(2)

Parks and playgrounds.

(3)

Accessory uses, including but not limited to, the following:

a.

Noncommercial athletic fields and playfields, including stadiums and grandstands.

b.

Temporary buildings for storage of building materials and equipment for construction purposes, when on the same or adjoining lot as the principal use, for a period not to exceed the duration of such construction.

(c)

Conditional uses. The following conditional uses may be allowed in the R-1S district, subject to the provisions of section 34-11, and the distance specified in this subsection shall prevail, unless they are modified by the board of adjustment in accordance with the provisions of section 34-11.

(1)

Public utility and public service uses as follows:

a.

Electric substations.

b.

Gas odorizing stations and gate stations.

c.

Railroad rights-of-way, but not including railroad yards and shops, freight and service buildings, or rights-or-way for switch, lead, spur or team tracks.

d.

Telephone exchanges and telephone transmission equipment buildings.

(2)

Colleges and universities, provided that the zoning lot shall not be less than 40 acres.

(3)

Churches, parish houses, and convents.

(4)

Public and private schools.

(d)

Area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, entitled "schedule of district regulations," and other applicable provisions of article III of chapter 34, entitled "supplementary district regulations."

(e)

Automobile parking space regulations. For parking space requirements, see article IV of chapter 34.

(f)

Landscaping. For landscaping requirements, see article V of chapter 34.

(Ord. No. 711-2020-10, § 9, 10-12-2020)

(a)

Purpose. The R-2, Two-Family Dwelling District, is established to stabilize and protect characteristics of low-density residential areas. This district may be suitable as a buffer zone between single-family and higher intensity uses. Development in the R-2 district is limited primarily to two-family dwellings and certain community and recreational facilities to service residents of the district.

(b)

Permitted uses. The following uses shall be permitted: Two-family dwellings with additional lot area required herein and constructed on site. Manufactured homes are prohibited form occupying sites in the R-2 district.

(c)

Conditional uses. Permitted conditional uses shall be any use allowed as a conditional use in the R-1 district, subject to the provisions of section 34-11.

(d)

Area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, "Schedule of District Regulations," and other applicable provisions of article III of this chapter, "Supplementary District Regulations."

(e)

Automobile parking space regulations. For parking space requirements, see article IV of this chapter.

(f)

Landscaping. For landscaping requirements, see article V of this chapter.

(Ord. No. 242-2001, § 12, 2-19-2001)

(a)

Purpose. The R-3 Multiple-Family Residential, Low Density District is established to meet the needs for medium density residential areas, where such development is in concert with area aesthetics, is environmentally sound, is compatible to the neighborhood, and promotes the character of the community.

(b)

Uses permitted. The following uses shall be permitted:

(1)

Multiple-family dwellings and clustered multiple family dwellings, which clustered multiple-family dwellings have a site plan approved by the planning and zoning commission for the particular project in which they are proposed;

(2)

Two-family dwelling units;

(3)

Churches, parish houses, and convents;

(4)

Country clubs, tennis courts, and such additional recreational uses as are for private recreation purposes or private club recreational purposes;

(5)

Parks.

(c)

Conditional uses. The following conditional uses may be allowed in an R-1L[R-3] District subject to the provisions of section 34-11, and the distances specified in this subsection shall prevail unless they are modified by the board of adjustment in accordance with the provisions of section 34-11.

(1)

Public utility and public service uses as follows:

a.

Electric substations.

b.

Gas odorizing stations and gate stations.

c.

Radio and television towers.

d.

Satellite dishes.

e.

Railroad rights-of-way, but not including railroad yards and shops, freight and service buildings, or rights-of-way for switch, lead, spur, or team tracks.

f.

Telephone exchanges and transmission equipment buildings.

g.

Privately owned water pumping stations and water reservoirs.

(2)

Outdoor recreational premises, clubs, and grounds for swimming, tennis, boating, skiing, and other sports accessory clubhouses and maintenance buildings.

(3)

Churches, parish houses, and convents.

(4)

Public and private schools.

(5)

This limited use zoning allows the following exceptions to other ordinances of the city:

a.

Front building line: 50 feet.

b.

Side building line: ten feet.

c.

No out buildings in front of house.

d.

Utility easements will be 15 feet.

e.

No barbed wire fencing on the street side of a lot.

f.

The grass and weed regulations of the city shall apply to the area of the house and one acre, set aside as homestead, and the area between the homestead and the street, cultivation of hay behind this reserved front area shall be permitted. (Height in excess of 36 inches shall be prima facie evidence that the grass and/or weeds are not being cultivated.)

g.

The animal regulation of the city shall apply in this zoning classification with the following exceptions:

1.

On a two-acre tract, one head of livestock may be kept (the term "livestock" means a horse or cow or one of each);

2.

One additional head of livestock may be added for each additional one acre;

3.

All livestock shall be pastured behind the house or the side of the house that faces the street in front of the lot, as determined by the front building line. Key lots may have two front building lines;

4.

No barn shall be within 75 feet of the main structure; and

5.

Livestock shall always be maintained in a clean environment.

(d)

Area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, [entitled] "Schedule of District Regulations," and other applicable provisions of article III of this chapter, [entitled] "Supplementary District Regulations."

(e)

Automobile parking space regulations. For automobile parking requirements, see article IV of this chapter.

(f)

Landscaping. For landscaping requirements, see article V of this chapter.

(Ord. No. 242-2001, § 13, 2-19-2001)

(a)

Purpose. The R-4 Multiple-Family Residential, High Density District is primarily intended as the appropriate designation for lands suitable for higher impact development and higher volume traffic, while serving the residential needs for higher density living quarters.

(b)

Permitted uses. The following uses shall be permitted:

(1)

Any use permitted in the R-3 district, except two-family dwelling units;

(2)

Libraries and museums;

(3)

Hospitals, sanitariums, nursing homes, and personal care facilities.

(c)

Conditional uses. The following conditional uses may be allowed in the R-4 district subject to the provisions of section 34-11.

(1)

Any use allowed as a conditional use in the R-3 district, except one-family and two-family dwelling units, unless permitted above;

(2)

Hotels and motels, provided that the zoning lot shall be not less than two acres;

(3)

Offices for professional uses, such as (without limitation due to enumeration), building contractors, doctors, chiropractors, dentists, attorneys, insurance, real estate, abstract and title, accountants, architects, brokers, engineers, designers, and psychologists.

(d)

Area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, [entitled]"Schedule of District Regulations," and other applicable provisions of article III of this chapter, [entitled] "Supplementary District Regulations."

(e)

Automobile parking space regulations. For parking space regulations, see article IV of this chapter.

(f)

Landscaping. For landscaping requirements, see article V of this chapter.

(Ord. No. 242-2001, § 14, 2-19-2001)

(a)

Purpose. The C-1 Restricted Commercial District is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer.

(b)

Generally.

(1)

Business uses above the ground floor are permitted on any floor above the ground floor, except in those buildings where dwelling units are established.

(2)

All business establishments shall be retail or service establishments which deal directly with the customers. All goods produced on the premises shall be sold to consumers only on the premises where produced.

(3)

All business, servicing or processing, except for off-street parking, off-street loading, temporary display of merchandise such as garden, lawn, and recreational supplies and equipment for sale to the public, and automobile service station operation, shall be conducted within completely enclosed buildings of permanent structure.

(4)

Parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this section, shall be limited to vehicles of not over 1½ tons capacity when located within 150 feet of a residence district boundary line.

(c)

Uses permitted. The following uses shall be permitted:

(1)

Existing residential dwelling units and lodging used as such on the effective date of the ordinance [from which this chapter is derived];

(2)

Dwelling units may not be located on the second floor of a ground floor business use.

(3)

Neighborhood retail sales and service uses such as:

a.

Art shops, artist's and professional studios, beauty parlors, clothing stores, drugstores, grocery stores, markets, or supermarkets, hardware stores, household appliance and fixture repair shops, post office stations and self-service laundries;

b.

Shops for the following and similar occupations: barber, cabinet maker, electrician, jeweler, watchmaker, locksmith, optician, painter, plumber, shoemaker and tailor;

(4)

Business offices;

(5)

Professional offices, such as doctors, dentists, attorneys, chiropractors, psychologists, insurance, real estate, architects, engineers, accountants, building contractors, and other similar uses;

(6)

Clinics, both medical and dental, that could include pharmaceutical sales, provided that such pharmacies are complementary to the primary clinic use of the structure. Other similar medical or dental, diagnostic or therapeutic facilities (except residences) are permitted;

(7)

Bakeries, cafes, confectioneries, ice cream shops, and restaurants which prepare foodstuffs for on-site retail sale only;

(8)

Automobile parking lots and structures;

(9)

Other neighborhood retail sales or service uses, which are similar in character to those enumerated above, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property, but not including any use permitted in a C-2, I-1, or I-2 district;

(10)

Churches;

(11)

Public utility and public service uses as follows:

a.

Electric substations;

b.

Gas odorizing stations, and gate stations;

c.

Radio and television towers;

d.

Railroad rights-of-way, but not including railroad yards and shops, freight and service buildings, or rights-of-way for switch, lead, spur or team tracks;

e.

Telephone exchanges and transmission equipment buildings;

f.

Privately owned water pumping stations and water reservoirs;

(12)

Printer;

(13)

Antique shops;

(14)

Art galleries and museums;

(15)

Banks and financial institutions;

(16)

Camera and photographic supply stores;

(17)

Coin and philatelic stores;

(18)

Department stores;

(19)

Dry goods stores;

(20)

Florist shops and conservatories;

(21)

Furniture stores;

(22)

Furrier shops, including the incidental storage and conditioning of furs;

(23)

Household appliance stores, including radio and television sales and services;

(24)

Leather goods and luggage stores;

(25)

Loan offices;

(26)

Musical instruments sales and repair; office supply stores; optical sales;

(27)

Physical culture and health services and reducing salons;

(28)

Picture framing;

(29)

Sewing machine sales and service, household appliances only;

(30)

Sporting goods stores;

(31)

Tailor shops;

(32)

Telegraph offices;

(33)

Theater, indoors;

(34)

Ticket agencies, amusement;

(35)

Tobacco shops;

(36)

Travel bureaus and transportation ticket offices;

(37)

Radio and television studios and stations;

(38)

Schools, trade.

(d)

Conditional uses. The following conditional uses may be allowed in the C-1 District subject to the provisions of section 34-11.

(1)

Hotels and motels, provided that the zoning lot shall be not less than two acres.

(2)

Dwelling units, restricted to a total gross floor area of 5,000 square feet above the ground floor of a commercial building.

(3)

Other uses as may be permitted by the board of adjustment under section 34-14.

(e)

Area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, [entitled] "Schedule of District Regulations," and other applicable provisions of article III of this chapter, [entitled] "Supplementary District Regulations."

(f)

Automobile parking space regulations. For parking space regulations, see article IV of this chapter.

(g)

Screening. In the C-1 district, whenever a C-1 use abuts the R-1L, R-1, R-1S, R-2, R-3, R-4, a wall or fence of not less than six feet nor more than eight feet in height is required.

(h)

Landscaping. For landscaping requirements, see article V of this chapter.

(Ord. No. 242-2001, § 15, 2-19-2001; Ord. No. 711-2020-10, § 11, 10-12-2020)

(a)

Purpose. The C-2 General Commercial District is established to accommodate those uses that are of city-wide and regional significance. Within this district are permitted retail, service, and office uses characteristic of retailing and wholesaling markets. This district is intended to accommodate commercial activities that cannot be accommodated in the C-1 Restricted Commercial District.

(b)

Generally.

(1)

All business, servicing or processing, except for off-street parking, off-street loading and automobile service station operation, shall be conducted within completely enclosed buildings, except as otherwise provided.

(2)

No use hereunder shall be permitted if said use entails storage or display of items for sale not enclosed by a building, except for incidental display of sale or seasonal retail items and such incidental display shall be permitted.

(3)

Accessory off-street parking is required for C-2 districts as provided in section 34-121.

(c)

Uses permitted. The following type of uses shall be permitted:

(1)

Any use permitted in the C-1 district;

(2)

Existing residential dwelling units and lodging uses as such on the effective date of the ordinance [from which this chapter is derived];

(3)

Cleaning and dyeing facilities;

(4)

Commercial recreation uses, including bowling alleys, arcades, golf driving ranges, gymnasiums, miniature golf courses, pool halls, swimming pools and skating rinks;

(5)

Creameries and ice cream plants;

(6)

Hotels, apartment hotels and motels;

(7)

Ice plants, cold-storage plants;

(8)

Laundries, including automobile washes;

(9)

Mortuaries;

(10)

Pumping stations;

(11)

Radio (AM or FM) or television broadcasting stations or transmitters and microwave radio relay structures;

(12)

Repair and storage garages;

(13)

Telephone exchanges;

(14)

Theaters, lodges, assembly halls, auditoriums;

(15)

Tire repair shops;

(16)

Auto body operations;

(17)

Spray-painting operations;

(18)

Auction rooms;

(19)

Automobile accessory stores;

(20)

Automobile service stations, including the incidental storage of rental trucks and trailers, except that trucks and trailers for storage or rental may not be parked within the public right-of-way;

(21)

Blueprinting and photostating establishments;

(22)

Business machine sales and service establishments;

(23)

Carpet and rug stores;

(24)

Catering establishments;

(25)

China and glassware stores;

(26)

Clothing and costume rental stores;

(27)

Employment agencies;

(28)

Exterminating shops;

(29)

Floor covering;

(30)

Fraternal, philanthropic and eleemosynary uses;

(31)

Hospitals and sanitariums;

(32)

Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles when conducted as part of the retail operation and secondary to the principal use;

(33)

Laboratories for research development and testing;

(34)

Meat markets, including sale of meat and meat products to restaurants, hotels, clubs and other similar establishments, when such sale is conducted as part of the retail business on the premises;

(35)

Orthopedic and medical appliance and supply stores;

(36)

Paint and wallpaper stores;

(37)

Phonograph, record, sound equipment and sheet music stores;

(38)

Schools for music, dance business or trade;

(39)

Taxidermists;

(40)

Upholstery shops;

(41)

Water softener sales and services;

(42)

Vehicle service centers;

(43)

Other retail sales and service uses which are similar in character to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing at, or to enjoyment of, or to value of, any property, but not including any of the following uses:

a.

Any use permitted only in an I-1 or I-2 district;

b.

Manufacturing and processing other than an accessory use customarily incidental to permitted commercial sales and service uses; or

c.

Any use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or which may impose hazard to health or property.

(d)

Conditional uses. Conditional uses in the C-2 district shall include:

(1)

Any uses not specifically enumerated in section 34-54 that can be considered commercial in character.

(2)

Machinery and equipment sales and service establishments for equipment under 1½ tons gross weight.

(e)

Area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, [entitled] "Schedule of District Regulations," and other applicable provisions of article III of this chapter, [entitled] "Supplementary District Regulations."

(f)

Automobile parking space regulations. For parking space regulations, see article V of this chapter.

(g)

Screening. In the C-2 district, whenever a C-2 use abuts an R-1L, R-1, R-1S, R-2, R-3, or R-4 use, a wall or fence of not less than six feet nor more than eight feet in height is required. Natural screening may be substituted for a wall or fence upon approval of the city council. Refer to article IV of chapter 8 for further clarification.

(h)

Landscaping. For landscaping requirements, see article V of this chapter.

(Ord. No. 242-2001, § 16, 2-19-2001; Ord. No. 711-2020-10, § 12, 10-12-2020)

(a)

Purpose. The CB Central Business District is intended to be used primarily in a single, high-density area to serve as the commercial and cultural city center core (or "downtown") of the city. The district is designed primarily for commercial, retail, planned-unit and mixed-use developments.

(b)

Generally.

(1)

All business establishments shall be retail or service establishments which deal directly with customers. All goods produced on the premises shall be sold to customers only on the premises where produced unless otherwise authorized in this section.

(2)

All business, servicing or processing, except for off-street parking, off-street loading, temporary display of merchandise such as garden, lawn, and recreational supplies and equipment for sale to the public, and automobile service station operation, shall be conducted within completely enclosed buildings of permanent structure.

(3)

Parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this section, shall be limited to vehicles of not over one and one-half tons capacity when located within 150 feet of a residential district boundary line.

(c)

Uses permitted. The following uses shall be permitted:

(1)

Any use permitted in the C-1 and C-2 districts, except those excluded in (d) below or designated conditional uses in (e) below;

(2)

Residential dwelling units (apartments) are permitted above a ground floor business;

(3)

Business uses above the ground floor are permitted on any floor above the ground floor, except in those buildings where residential dwellings are established;

(4)

Parks;

(5)

Single-family, two-family and multi-family residential lots and lodging uses present on the effective date of the ordinance from which this section is derived. Upon the demolition of any such residential or lodging units or termination of any such use, the restrictions established for this district shall take effect.

(d)

Uses prohibited. The following uses are prohibited:

(1)

Single- and two-family and multi-family residential lots; mobile, manufactured and modular home parks and subdivisions;

(2)

Any use permitted only in I-1 or I-2 districts;

(3)

Cleaning and dyeing facilities;

(4)

Golf driving ranges;

(5)

Creameries and ice cream plants; ice plants, cold-storage plants;

(6)

Spray-painting operations;

(7)

Repair/storage garages and other incidental storage;

(8)

Rental cars, trucks, and trailers by automobile renters or service stations;

(9)

Hospitals, sanitariums, nursing homes, and personal care facilities;

(10)

Laboratories for research development and testing;

(11)

Manufacturing and processing other than an accessory use customarily incidental to permitted commercial sales and service uses;

(12)

Any use which is objectionable to a reasonable person by reason of emission of odor, dust, smoke, gas, vibration or noise, or which may impose hazard to health or property.

(e)

Conditional uses. The following conditional uses may be allowed in the CB district subject to the provision of section 34-11.

(1)

Boardinghouse (bed-and-breakfast), hotels and motels;

(2)

Automobile service station operations, body shops and tire shops;

(3)

Creameries and ice cream plants.

(f)

Area, yard, height, and lot coverage requirement. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, entitled "schedule of district regulations," and other applicable provisions of article III of chapter 34, entitled "supplementary district regulations."

(g)

Automobile parking space regulations. For parking space regulations, see article IV of chapter 34.

(h)

Screening. Unlike other commercial districts (C-1, C-2), the CB zoning district does not require natural screening, walls or green belts when abutting residential uses, lots or districts (AG, R-1L, R-1, R-1S, R-2, R-3, R-4).

(i)

Landscaping. For landscaping requirements, see article V of chapter 34.

(Ord. No. 711-2020-10, § 10, 10-12-2020)

(a)

Statement of purpose. The I-1 Light [Industrial] District is established to accommodate those uses which are of a non-nuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purpose. Development in the I-1 district is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of material, and specialized manufacturing and research institutions, all of a non-nuisance type. No use or types of uses specifically limited to the I-2 district may be permitted in the I-1 district.

(b)

Generally. Uses permitted in the I-1 district are subject to the following conditions:

(1)

All business, servicing, or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed buildings, unless otherwise indicated in this section;

(2)

All storage within 100 feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of such screening.

(c)

Uses permitted. Uses permitted in the I-1 district shall be as follows:

(1)

Advertising products, such as signs and billboards;

(2)

Ambulance, bus, train, and taxi stations, truck yards;

(3)

Awnings, Venetian blinds, and window shades;

(4)

Dairy and other food products, but not including fish and meat products, sauerkraut, vinegar, yeast, alcohol or alcoholic beverages;

(5)

Boat-building of small craft and other similar assembling;

(6)

Bottling or distribution plants, milk or soft drinks;

(7)

Building materials yard, contractor's yard, lumberyard;

(8)

Cameras and other photographic equipment;

(9)

Ceramic products, such as pottery, figurines, and small glazed tiles;

(10)

Cleaning and dyeing plants;

(11)

Cosmetics and toiletries, drugs, perfumes, and perfumed soaps, and pharmaceutical products;

(12)

Electrical appliances, such as lighting fixtures, irons, fans, and toasters;

(13)

Electrical equipment assembly, such as home radio and television receivers and home-movie equipment, but not including electrical machinery;

(14)

Electrical supplies, manufacturing and assembly, such as wire and cable assembly, switches, lamps, insulation and dry-cell batteries;

(15)

Electronic instruments;

(16)

Furniture refinishing using a manufacturing or chemical dipping process;

(17)

Insecticide and pesticide, packaging only;

(18)

Jewelry;

(19)

Machine shops and fabrication of metal not more than ten gauge in thickness;

(20)

Medical, dental, and optical supplies;

(21)

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing, and heat treatment;

(22)

Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons, and kitchen utensils;

(23)

Milk and ice cream processing;

(24)

Monument works;

(25)

Musical instruments;

(26)

Orthopedic and medical appliances, such as artificial limbs, braces, supports, and stretchers;

(27)

Photo-finishing associated with a manufacturing process;

(28)

Repair of farm, household, office machinery or equipment;

(29)

Scientific and precision instruments;

(30)

Sheet metal shops;

(31)

Silverware, plate and sterling;

(32)

Shell egg business, candling, cartoning, and distributing;

(33)

Existing commercial and residential uses in use as such on the effective date of the ordinance [from which this chapter is derived];

(34)

Public utility and public service uses as follows:

a.

Bus stations, bus terminals, bus turnaround (off-street), bus garages, and bus lots;

b.

Electric substations;

c.

Gas regulator stations, mixing stations, and gate stations;

d.

Radio and television towers;

e.

Railroad passenger stations;

f.

Telephone exchanges, microwave relay towers, telephone transmission equipment buildings and service yards;

(35)

Radar installations and towers;

(36)

Stadiums, auditoriums, and arenas, open or enclosed;

(37)

Storage and warehousing establishments;

(38)

Storage yards, but not including junkyards;

(39)

Trailer sales and rental, for use with private passenger motor vehicles;

(40)

Weighing stations;

(41)

Wholesaling establishments;

(42)

Accessory uses, including but not limited to the following: temporary buildings for construction purposes for a period not to exceed the duration of such construction;

(43)

Other wholesale, light manufacturing, construction or service uses which are similar in character to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment, or value of any property;

(44)

Factory outlet retail or wholesale store for the sales and servicing of goods or materials on the same premises as the manufacturing company to which they are related, including sales and service in a separate building or buildings.

(d)

Conditional uses. The following conditional uses may be allowed in the I-1 district subject to the provisions of section 34-11:

(1)

Amusement establishments, livestock exhibition halls, including fairgrounds, permanent carnivals, kiddie parks, and other similar outdoor amusement facilities;

(2)

Asphalt and concrete hatching or ready-mix plants;

(3)

Concrete products casting;

(4)

Dwelling units may be permitted only as an accessory use and only for employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them;

(5)

Gasoline and oil storage, wholesale, provided all applicable safety regulations are complied with, and provided, however, that the location is approved by the board of adjustment;

(6)

Motor freight terminals;

(7)

Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses;

(8)

Restaurant;

(9)

Theaters, automobile drive-in; or

(10)

Automobile and motorized vehicle and equipment display, sales, and service.

(e)

Density; area, yard, height, and lot coverage requirements. The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, [entitled] "Schedule of District Regulations," and other applicable provisions of article III of this chapter, [entitled] "Supplementary District Regulations."

(f)

Automobile parking space regulations. For parking space regulations, see article IV of this chapter.

(g)

Landscaping. For landscaping requirements, see article V of this chapter.

(Ord. No. 242-2001, § 17, 2-19-2001)

(a)

Statement of purpose. The I-2 Heavy [Industrial] District is established to accommodate most industrial uses and protect such areas from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purposes.

(b)

Generally. Uses permitted in the I-2 district are subject to the following conditions:

(1)

All business, servicing, or processing, except for off-street parking, off-street loading, display or merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed buildings unless otherwise indicated in this section;

(2)

All storage within 100 feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of such screening.

(c)

Uses permitted. The following uses shall be permitted:

(1)

Existing commercial and residential uses used as such on the effective date of the ordinance [from which this chapter is derived];

(2)

Uses permitted in I-1 districts, provided that no dwelling or dwelling unit is permitted except those for employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them;

(3)

Paper and paper products;

(4)

Motor freight terminals;

(5)

Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses;

(6)

Feed mixing and grinding plants;

(7)

Foundry or metal fabrication;

(8)

Concrete products casting, mixing and products manufacture;

(9)

Meat product processing;

(10)

Cartage establishments;

(11)

Tire manufacture;

(12)

Storage of petroleum products, wholesale;

(13)

Automobile, airplane and other similar assembling.

(d)

Conditional uses. The following conditional uses may be allowed in the I-2 District subject to the provisions of section 34-11: Any use allowed as a conditional use in the I-1 district, unless permitted above.

(e)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 34-62, [entitled] "Schedule of District Regulations", and other applicable provisions of article III of this chapter, [entitled] "Supplementary District Regulations".

(f)

Automobile parking space regulations. For parking space regulations, see article IV of this chapter.

(g)

Landscaping. For landscaping requirements, see article V of this chapter.

(Ord. No. 242-2001, § 18, 2-19-2001)

(a)

Purpose and scope. It is the purpose of the MH Manufactured Home Park District to provide areas for the location of manufactured homes in an attractive, moderate density setting and ensure the presence of amenities required for satisfactory quality of life in areas designated for manufactured home use. It shall be unlawful for any person to park, place or locate a manufactured home anywhere in the corporate city limits unless it meets the requirements of this section.

(b)

Principal permitted uses.

(1)

HUD-Code manufactured home (mobile home);

(2)

Public parks, playgrounds, recreational and community center buildings and grounds, public golf courses, public swimming pools, tennis courts and similar recreational uses, all of a noncommercial nature;

(3)

Any principal building or any swimming pool shall be located not less than 100 feet from any other lot in any residential district.

Note— Mobile homes as defined in the Manufactured Housing Standards Act, Article 5221f, section 3(a), V.T.C.A., shall not be used as dwelling units in the city.

(c)

Conditional uses. All conditional uses permitted in the R-1 Single-Family [Residential] District.

(d)

Accessory uses. All accessory uses permitted in the R-1 Single-Family [Residential] District.

(e)

Height regulations. No principal structure shall exceed 2½ stories or 35 feet in height, and no accessory structure shall exceed one story, or 20 feet in height.

(f)

Manufactured home park plan required. The manufactured home park plan shall comply with the city's subdivision ordinance.

(g)

Enlargement.

(1)

Any enlargement or extension of any existing manufactured home park shall require application for a building permit as if it were a new establishment.

(2)

Existing facilities to comply. No enlargement or extensions to any manufactured home park shall be permitted unless the existing facility is made to conform with all of the requirements for new construction for such an establishment.

(h)

Minimum standards and requirements. Manufactured home parks shall be designed and maintained in accordance with the following requirements:

(1)

Park area. The minimum manufactured home park shall be ten acres.

(2)

Manufactured home lots. Minimum requirements [for manufactured home lots are as follows]:

(i)

General requirements.

(1)

License requirements and regulations. Manufactured home rental community license required. It shall be unlawful for any person to maintain or operate within the city any manufactured home rental community unless such person shall first comply with the following and obtain a license therefore.

a.

Pre-existing rental communities.

1.

Notwithstanding the provisions of this chapter, a license shall be issued within 30 days to any manufactured home rental community which was in operation prior to the adoption of the ordinance [from which this chapter is derived], for operations only to the extent that they were carried on at such date of the adoption.

2.

All pre-existing rental communities obtaining licenses as set out in this section shall be considered legal nonconforming uses. At any time that the ownership of a legally nonconforming manufactured home rental community operating under this chapter is transferred, the manufactured home rental community shall be required to conform with all sections of this chapter before a license to the new owners will be issued. Ownership transfer is defined as a majority stock transfer or a transfer of title to the real property except for a bona fide gift, devise or descent.

3.

Any manufactured home rental community annexed and/or subdivision constructed after the adoption of the ordinance [from which this chapter is derived], shall likewise comply as described in this section.

4.

Application for a manufactured home rental community license shall be in writing, signed by the applicant, and shall contain the following:

(i)

The names and addresses of the applicant and owner, if not the same.

(ii)

The location survey and legal description of the manufactured home rental community by metes and bounds.

(iii)

A complete plan of the rental community with lot numbers.

(iv)

Design and engineering drawings properly sealed. Plans of all buildings, lots and other improvements constructed including water and, sewer installations shall be in accordance with city standards.

(v)

Such further information as may be requested by the city to enable the city to determine if the manufactured home rental community will comply with the legal requirements.

(vi)

The application and all accompanying plans shall be filed in triplicate. The city secretary, city code enforcement, city engineer, city fire marshal and city planning and zoning commission shall investigate the application and inspect the plans. If the manufactured home rental community is in compliance with all provisions of this chapter and all other applicable ordinances or statues, the planning and zoning commission may approve the application. The city secretary at the direction of the planning and zoning commission shall issue the license.

(vii)

The license application form for a manufactured home rental community shall be obtained from the city secretary at the fee of $100.00. Such license shall expire on December 31 of the year in which it is issued and must be renewed on a yearly basis.

b.

The city council may revoke any license to maintain and operate a manufactured home rental community when the licensee has been found guilty by a court of competent jurisdiction of violating any provisions of this chapter. After such conviction, the license may be reissued if the circumstances leading to conviction have been remedied and the rental community is being maintained and operated in full compliance with the law of this chapter, the fee for which shall be set by the city council.

c.

The city council may revoke any manufactured home rental community license upon recommendation of the planning and zoning commission in case any of the provisions hereof are violated. However, before the license may be revoked, the city council must give a ten-day notice, delivered in person or by registered mail to the holder of the license, and after ten days, a hearing thereon. After the license has been revoked, the license may be reissued if the reasons for the revocation have been duly corrected.

d.

The license certificate issued under the provisions of this article shall be conspicuously posted in the office of the manufactured home rental community at all times.

(j)

Manufactured home park regulations.

(1)

Each manufactured home rental community shall be provided with a structure to be known and marked as the offices, in which shall be kept copies of all records pertaining to the management and supervision of the rental community, as well as all rules and regulations of the rental community and such records, rules and regulations to be available to be available for inspection.

(2)

It shall be the duty of the licensee to keep a register containing a record of all occupants located within the manufactured home rental community. The register shall contain the following information:

a.

Name and address of each occupant and/or owner.

b.

Make, model, serial number, year and size of home.

c.

The make, model and year of all recreational vehicles, camping or travel trailers, coaches, and motor homes used as dwelling temporary.

d.

The date of arrival and of departure of each of the above.

The manager of the rental community shall keep the register available in the office for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall be kept up to date and shall not be destroyed for a period of two years following the date of registration.

(3)

It shall be the duty of the owner of each manufactured home rental community, his agent, representative or manager, to prescribe rules and regulations for the management of the rental community, to make adequate provision for the enforcement of such rules, and to subscribe to any and all subsequent rules and regulations which may be adopted for the management of such manufactured home rental community. Copies of such rules and regulations shall be furnished to each occupant upon registration and a copy to the planning and zoning clerk. In addition thereto, it shall be the duty of the owner, his agent, representative or manage to comply.

(4)

It shall be the responsibility of the manufactured home rental community owner or his agent to maintain said rental community in a safe, clean and sanitary condition and:

a.

Provide that each structure shall be installed in accordance with the state regulations and skirted within 30 days after being placed on a lot or pad.

b.

Provide that the city secretary shall be notified upon approval of the installations by state inspectors.

c.

Provide for regular inspection of water and sanitary conveniences.

d.

Provide for the collection and removal of garbage, other waste materials and refuge.

e.

Provide for the removal of any unsightly, wrecked, abandoned or junked vehicles, machinery or equipment.

f.

Inspected by city code enforcement.

(5)

It shall be unlawful for any person operating a manufactured home rental community or occupying a manufactured home to construct or permit to be constructed in such rental community or in connection with such manufactured home any additional structure, building or shelter in connection with or attached to a manufactured home except; however, awnings of wood or metal may be attached to such manufactured home as well as portable, prefabricated home storage or living areas which meet the following requirements:

a.

A building permit from the city secretary.

b.

Strength of materials and structure to meet minimum of the city building code.

c.

Such room shall be completely dismantled and/or removed from the site at the time the manufactured home to which it is an accessory is moved.

d.

Finished in appearance to be as near the same as possible to the manufactured home to which it is an accessory.

e.

The length must not exceed the length of the manufactured home to which it is an accessory.

f.

The width shall not exceed the width of the manufactured home.

g.

Any structure building or shelter added to or placed on a manufactured home site shall meet all of the setback requirements contained in this chapter.

h.

Only one such room for dwelling purposes per manufactured home shall be permitted.

(k)

Subdivision ordinance variations.

(1)

[Refuse containers.] Centrally located refuse containers having a capacity of three cubic yards or larger shall be provided, one for each 30 lots. Such containers shall be designed so as to prevent spillage, container deterioration, and to facilitate cleaning around them. Refuse and garbage shall be removed from the park at least twice each week. These containers shall be screened and set apart by at least 25 feet from any dedicated right-of-way or manufactured home.

(2)

[Fire hydrants.] Fire hydrants must follow both of two rules:

a.

No structure shall be further away, in a direct line, than 500 feet from a fire hydrant.

b.

Hydrant spacing along a water main shall not exceed 500 feet.

(3)

[Bottled gas.] Bottled gas for cooking and or heating purposes shall not be used at individual manufactured home lots unless the containers are properly connected by copper or other suitable metallic tubing. Bottled gas cylinders shall be securely fastened in place. No cylinder containing bottled gas shall be located in a manufactured home, under or within ten feet of any manufactured home and 25 feet of any street or drive. State and local regulations applicable to the handling of bottled gas and fuel oil must be followed.

(4)

[Street lights.] Street lights within the manufactured home rental community or subdivision shall be provided along all internal streets at 300-foot intervals. Each fixture shall have a minimum 200-watt lamp of high-pressure sodium.

(5)

Parking. All areas used for automobile access and parking shall comply with the applicable provisions of this chapter, provided that there shall be at least two off-street parking spaces for each manufactured home lot, and one additional space for each three lots to accommodate guests.

(6)

Entrance to manufactured home parks. No vehicular entrance to, or exit from, any manufactured home park, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.

(7)

Landscaping unused areas. All areas not used for access, parking, circulation, buildings, and service shall be completely and permanently landscaped and the entire site maintained in good condition. A landscaped strip of land not less than ten feet in width shall be established and maintained within the manufactured home park along the exterior boundaries.

(8)

Screening. Screening shall be provided according to the following requirements:

a.

In the event that a manufactured home park backs or sides upon a residential, commercial, or industrial district, a solid masonry screening fence not less than six feet in height shall be erected and maintained along the property line dividing the two districts;

b.

A masonry screening fence shall consist of materials of equal composition and characteristics as the main buildings in the district; and

c.

No such screening fence shall be so erected as to obstruct the vision of motorists at alley, street or drive intersections.

(9)

Access. Each manufactured home park shall abut a public street, and each manufactured home lot shall have direct access to a private interior street.

(10)

Concrete slab. Each manufactured home lot shall be equipped with a concrete slab of sufficient size to support the wheels and front parking jack. Said slab shall have a minimum horizontal dimension of eight feet by ten feet and a minimum thickness of four inches.

(11)

Utilities. Each manufactured home unit shall be equipped with one electrical outlet. Manufactured home units not equipped with water and sewer facilities shall be located no more than 200 feet from the community utility building, which shall provide separate toilet and shower facilities for each sex.

(12)

Recreational areas. There shall be provided within each manufactured home park an adequate site or sites for recreation for the exclusive use of the park occupants. Such recreational site or sites shall have a minimum area of at least eight percent of the gross land area of the manufactured home park.

(13)

Length of occupancy. No trailer or manufactured home shall remain in a manufactured home park for a period exceeding ten days without connection to the permanent sanitary sewer system of the park.

(14)

Recreational vehicles and boat storage. A storage area must be provided within each Manufactured home park for the parking and storage of boats and recreational vehicles. Said storage area shall be of sufficient size to accommodate all boats and recreational vehicles in the manufactured home park. Said storage area shall be screened with a six-foot solid fence.

(15)

Camping/travel trailers.

a.

It shall be unlawful for any person to park, place or locate a camping or travel trailer in any place, in the city except in accordance with this section.

b.

No camping or travel trailer may be place in a manufactured home rental community or approved campground for over ten days out of any period of 30 consecutive days. The owner of the manufactured home rental community shall keep a record book showing the day and time of arrival of each travel trailer, the license number, the owner or resident of the trailer, a description of the travel trailer, and upon departure, show the date and time of leaving. Entries shall be made in this book promptly upon arrival of such travel trailer, and these books shall be open to inspection by officers of the city at any time. Special camping or travel trailer or recreational vehicle parking areas shall be subject to the requirements for records and length of stay.

c.

It is specifically provided that camping or travel trailers may be located, for storage purposes only, on the premises of the owner of the camping or travel trailer or city approved storage area within a manufactured home rental community.

d.

It shall be unlawful for any person to park, place or locate a HUD-Code manufactured home in any place in the city other than a duly licensed manufactured home subdivision, unless the manufactured home is temporarily located on business property for purpose of sale by a dealer in manufactured homes.

(l)

Additional requirements. In addition to the foregoing, the city council may impose such other conditions, requirements, or limitations concerning the design, development, and operation of such manufactured home park as it may deem necessary for the protection of adjacent properties and public interest.

(Ord. No. 242-2001, § 19, 2-19-2001)

(a)

Purpose and scope. The [MHS] Manufactured Home Subdivision District is designed to provide areas for the location of manufactured homes in an attractive, low density setting and ensure the presence of amenities required for satisfactory quality of life in areas designated for manufactured home use.

(b)

Principal permitted uses.

(1)

HUD-Code manufactured home (mobile); and

(2)

Public parks, playgrounds, recreational and community center buildings and grounds, public golf courses, public swimming pools, tennis courts and similar recreational uses, all of a noncommercial nature.

(3)

Any principal building or any swimming pool shall be located not less than 100 feet from any other lot in any residential district.

Note— Mobile homes as defined in the Manufactured Housing Standards Act, Article 5221f, section 3(a), V.T.C.S., shall not be used as dwelling units in the city.

(c)

Conditional uses. All conditional uses permitted in the R-1 Single-Family [Residential] District.

(d)

Accessory uses. All accessory uses permitted in the R-1 Single-Family [Residential] District.

(e)

Height regulations. No principal structure shall exceed one story or 20 feet in height, and no accessory structure shall exceed one story or 20 feet in height.

(f)

Minimum standards and requirements. Manufactured home subdivisions shall be designed and maintained in accordance with the R-1 Single-Family [Residential] District [provisions] of this chapter. All manufactured [home] subdivisions must meet all of the requirements in the R-1 Single-Family [Residential] District of this chapter].

(Ord. No. 242-2001, § 20, 2-19-2001)

(a)

Purpose and scope. The PD Planned Development District is designed to provide flexibility in development planning and the opportunity for the application of planning concepts. Planned development zoning shall require the submission and approval of a development site plan. The city council, after public hearing and proper notice to all parties affected, and after recommendation from the planning and zoning commission, may require the creation of planned development districts when any of the following developments are being considered:

(1)

Large shopping center;

(2)

Housing development on tracts of five acres or more;

(3)

Industrial parks or districts on tracts of ten acres or more;

(4)

Medical center or hospital;

(5)

Civic center and/or community center;

(6)

Office, motel or hotel center on tracts of two acres or more;

(7)

Recreation center;

(8)

Research park or scientific research center; or

(9)

A combination of uses, which are not customarily allowed in any one of the districts established in this chapter.

(b)

Application procedures. Application for a PD district shall be made in the same manner as an application for any amendment to the zoning ordinance and shall include the following additional information:

(1)

Proposed uses. An application for a PD district shall specify and describe the category or type of use or the combination of uses proposed. Permitted uses under PD zoning shall be specified in each PD ordinance. If such ordinance specifies permitted uses by references to a zoning district, the permitted uses shall include those uses permitted in the referenced district, including those permitted through the cumulative provision of the zoning ordinance.

(2)

Development requirements.

a.

An application for a PD district shall include a list of development requirements which may be incorporated into the PD ordinance. Development requirements may include, but not be limited to, density, lot size, unit sizes, setbacks, building heights, lot coverage, parking ratios, screening and other requirements the council may deem appropriate.

b.

Standards set forth in specific zoning districts will be used as guidelines for planned developments. Modifications of standards may be considered if the modification substantially meets the intent of this chapter and improves the overall development design, or if a unique project design is proposed which cannot readily be accommodated through other districts. Pecuniary reasons shall not be the sole reason for modifying standards.

(3)

Concept plan.

a.

An application for a PD district shall include a concept plan showing the relationship to existing natural features and adjacent properties and uses.

b.

The concept plan shall be construed as an illustration of the development concepts and not as an exact representation of all specific development details.

(c)

Development site plan. Approval of a development site plan shall be a prerequisite to the issuance of building permits for any property in a PD district. The approval of a development site plan may also serve as preliminary plat approval, provided that all requirements of the subdivision ordinance and its subsequent amendments are satisfied.

(1)

Compliance with approvals. The development site plan must comply with all provisions of the PD ordinance specifying development standards and substantially reflect the precepts and layout set forth in the concept plan. If, in the judgment of the planning and zoning commission, a development site plan does not comply with the provisions of the PD ordinance and the concept plan incorporated therein, the planning and zoning commission may reject such plan, in which case a new site plan may be submitted or application must be made to amend the PD ordinance, including all requirements for notices and public hearings. If a PD ordinance does not specify development standards or has not incorporated a concept plan, the development plan approval shall specify such standards. Development requirements on such development plans may be revised under the same review, notice and approval procedures as applied to the original approval of the plan, and application to amend the PD ordinance shall not be required.

(2)

Review process. The development plan review process shall include review by the planning and zoning commission, referral by the planning and zoning commission to the city council with a recommendation, and review and final approval of the development plan by the city council.

(3)

Modifications. The planning and zoning commission may recommend, and the council may require, such modifications of a development site plan that will ensure the proposed project will be in harmony with the existing and anticipated development of surrounding areas.

(4)

Requirements.

a.

General information. Twenty copies of development site plan; vicinity map or adequate reference to intersecting streets to locate specific property; north arrow, date, [and] scale (not less than one inch equals 100 feet).

b.

Site/adjacent property information. Site, indicating boundaries and project phase lines, if any; public or private rights-of-way and easements on site or abutting or intersecting the site; and adjacent properties, with zoning and existing uses identified.

c.

Building layout. Existing and proposed structures; front, side and rear building setback lines; proposed categories of use of structures; elevation views or renderings indicating architectural design; building materials proposed and window orientations (one copy required); number of stories, in height and feet; gross floor area; and location of entrances and exits.

d.

Circulation and parking. Location, dimensions and proposed construction of all streets, private drives, alleys, parking areas and drive approaches; street drives and alleys which are adjacent to or dead-end into the site, including the location of existing and proposed median openings and left-turn lanes in boulevard streets; number and dimensions of parking spaces and width of drive approaches and aisles; sidewalks and other facilities for pedestrian circulation; and location, width and curve radii for required fire lanes.

e.

Drainage/utilities/services. Existing and proposed topography, reflecting proposed handling of on-site surface drainage; limits of the 100-year floodplain and floodway as shown on current FIA mapping, including location and acreage; proposed improvements and method of maintenance for any drainage channels; existing and proposed water and sanitary sewer layout; existing and proposed fire hydrant locations; proposed locations for solid waste container pads.

f.

Screening/open space/recreational facilities. Location, height and building materials for any proposed or required walls or fences; height, location and type of any proposed berms or living screens; location and size (if applicable) of proposed recreation facilities (swimming pools, tennis courts, etc.); location of open play areas and playgrounds with play equipment; landscape plan.

g.

Living units. Table showing type of units by size, number of bedrooms, and number of each type; floor plans for all units.

(d)

Administrative action. Upon approval of a development site plan by the city council and approval of the preliminary plat, application may be made for the permits and certificates necessary for construction. Subsequent to such approval, minor changes may be authorized by the planning and zoning commission when such changes will not cause any of the following circumstances to occur:

(1)

A change in the character of the development;

(2)

An increase in the ratio of the gross floor area in structures to the area of any lot;

(3)

An increase in the intensity of use;

(4)

A reduction in the originally approved separations between buildings;

(5)

An increase in the problems of circulation, safety, and utilities;

(6)

An increase in the external effects on adjacent property;

(7)

A reduction in the originally approved setbacks from property lines;

(8)

An increase in ground coverage by structures;

(9)

Reduction in the ratio of off-street parking and loading space to the gross floor area in structures; and

(10)

Change in the locations, lighting or orientation of originally approved signs.

(e)

Standards for townhouse developments. Development of townhouse projects shall be considered within the scope of the PD planned development zoning classification, thereby providing flexibility in planning and design, and allowing the application of innovative and creative development concepts. The following standards are set forth as guidelines for the preparation of a development plan as required by section 34-57(b). Consistent with the intent of the planned development district, these standards may be modified as may serve the best interest of the community upon approval of the development plan.

(1)

Townhouse lots. The following minimum requirements should apply to each townhouse lot:

a.

Area of lot: 3,000 square feet;

b.

Depth of lot: 100 feet, except where the lot backs to a freeway, expressway, or thoroughfare, in which case the minimum depth of lot shall be 110 feet;

c.

Width of lot: 26 feet;

d.

Front yard setback: 20 feet; and

e.

Exterior side yard: Where a side lot line abuts a street, the width of the side yard shall be 15 feet.

Access to townhouse lots shall be adequate to provide fire protection and sanitation service.

(2)

Spacing between buildings. Dwelling units should be in groups of not less than three townhouse units nor more than seven townhouse units; in no event should more than one-fourth of the total building groups contain seven townhouses. The total length of any one group of units should not exceed an overall length of 225 feet. There shall be a minimum space of 36 feet between building groups and 15 feet between the end of a building and a street, private drive, or alley.

(3)

Open space. No less than 40 percent of the total gross land area should be open space which shall not be used as an area of principal construction, nor for automobile driveways or parking facilities. Such open space should be used exclusively for the purpose of installation of recreational facilities and green or landscaped areas. Floodplains, or any standing surface water, other than swimming pools, may be considered open space if specifically approved by council.

(4)

Density. The average density of townhouse units should not exceed eight units per acre. The density is to be computed by taking the gross land area of each townhouse tract and dividing the total number of dwelling units within the tract.

(5)

Living area in each townhouse unit. The minimum living area for a one-bedroom townhouse unit shall be 850 square feet; two or more bedroom units shall have a minimum of 1,200 square feet living area, exclusive of garages, breezeways, patios, and porches.

(6)

Exterior fire-resistant construction. All main buildings shall be of exterior fire resistant construction having exterior walls constructed of brick, stone, concrete block, or other masonry, or materials of equal characteristics, or as approved in the review of the development plan.

(7)

Fire walls. Within each townhouse complex, a four-hour, fire-rated fire wall shall be placed every 4,500 square feet. All such fire walls shall be continuous and unbroken from the foundation slab to the underside of the roof deck and conform to the other requirements for fire walls as outlined in the building code for the city. All other townhouse unit separation walls shall be of a two-hour rating.

(8)

Utilities. All utilities shall be placed underground, except installations above ground shall be permitted when approved by the city council under the following circumstances:

a.

Above-ground installations of transformers;

b.

Where utility lines cross a major drainage channel or depression of such depth as to make underground installation impractical; and

c.

At the point where the utility enters the development.

(9)

Parking regulations. Two and one-half parking spaces shall be provided off the street for each townhouse unit. Each townhouse should provide a carport or garage and shall have a capacity for two motor vehicles ([including] pickup and vans not exceeding three-fourths ton capacity) The additional one-half parking space per unit shall be placed in groups scattered through the development to accommodate the guests of the homeowners. No more than 50 percent of the additional off-street parking spaces shall be located on private or public streets or alleys.

(10)

Recreational facilities. Recreational and community facilities, including community buildings, swimming pools, and playground areas, shall be considered in the review of the development plan.

(11)

Recreational vehicles and equipment. Adequate storage areas for the storage of recreational vehicles and equipment shall be considered in the review of the development plan.

(12)

Screening. Screening shall be provided according to the following requirements:

a.

In the event that a townhouse development backs up or sides upon a R-1, R-1S, R-2, R-3, or C district, a solid masonry screening fence of not less than six feet nor more than eight feet shall be erected and maintained along the property line separating the two districts;

b.

A masonry screening fence shall consist of materials of equal composition and characteristics as the main buildings in the townhouse development; and

c.

No such screening fence shall be erected so as to obstruct the vision of motorists at alley, street, or drive intersections.

(13)

Construction requirements. All streets, parking areas, access drives, sidewalks, and drainage structures constructed on private or public property shall be approved by the city and constructed in accordance with the city's specifications and requirements.

(14)

Homeowners' association. Before approval of any plat containing any common area, it shall be necessary to assure the city that provisions have been made for adequate upkeep and maintenance of such area and facilities. The city may, by ordinance, provide for maintenance at the expense of the property owners, and provide for a lien against the property of the members, as in the case of individual homeowners. The power of the city to file a lien shall be recited in the bylaws of the association.

(Ord. No. 242-2001, § 21, 2-19-2001; Ord. No. 711-2020-10, § 13, 10-12-2020)

(a)

Floodplain prefix to district designation.

(1)

The FP prefix designation constitutes a zoning overlay district, and the addition or removal of the FP prefix constitutes zoning action requiring due process provided under state law. Further public notice to all downstream property owners within the city with like FP zoning is required prior to any such zoning action.

(2)

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 health, safety and general welfare of the community, portions of certain districts are designated with a floodplain prefix FP and shall be subject to the following provisions.

(b)

Permitted uses. In this district, no land shall be used except for one or more of the following permitted uses, to the extent that they are not prohibited by other regulations or ordinances, and provided that such uses do not require above-ground structures, filling or storage of material or equipment, except as herein specifically authorized.

(1)

Agricultural activities including the ordinary cultivation of land or legal forms of animal husbandry.

(2)

Electrical substation.

(3)

All types of local utilities, including, but not limited to, water distribution and wastewater collection systems, water and wastewater treatment facilities and water quality/monitoring stations or other structures required to provide water and sewage, telephone, gas and electrical services.

(4)

Parks, community centers, playgrounds, public golf courses.

(5)

Private commercial open area amusements such as golf courses, driving ranges, archery courses and similar uses when approved by conditional use zoning action.

(6)

Facilities that would warrant no flood protection, such as accessory private open space in conjunction with commercial or residential development, community unit recreational areas or recreation developments.

(7)

Parking areas associated with a part of contiguous land use. No building or structure shall be erected in that portion of a district designated with a floodplain FP prefix other than those listed in this section. There shall be no dumping, excavation, storage or filling operations within that portion of a district having a floodplain FP prefix designation except under conditions of this chapter.

(c)

Reserved.

(d)

Conditions for adding FP prefix designation. The city council may, after a public hearing, amend the zoning classification of any property by adding the floodplain FP prefix designation based on hydraulic engineering studies indicating new boundaries of the area that is subject to inundation by floodwaters. The city council shall provide for the addition of such floodplain FP prefix designation to the zoning district maps.

(e)

Conditions for removal of FP prefix designation. The city council, in considering and determining its decision relative to any application for the removal of the floodplain FP prefix designation, shall require the applicant to furnish to the city, fill and development plans, and data concerning the operation, location, function and characteristics of any use of land or building proposed. The application will not be scheduled for public hearing until the city engineer certifies information furnished is adequate for review and comment as required in this section.

(Ord. No. 242-2001, § 22, 2-19-2001)

[The following table represents a summary of district regulations:]

^A None required except where a nonresidential use abuts a residential lot the requirement shall be the same as the adjoining residential zone and shall comply with visibility and parking requirements as provided within this chapter.

^B Lot area shall be not less than 9,000 square feet for dwelling unit construction. For each dwelling unit over three in number, no less than 1,500 square feet of additional lot area is required. A maximum of ten units may be constructed per acre.

^C Lot area shall be not less than 7,500 square feet for each dwelling or dwelling group have three dwelling units and not less than 1,000 square feet of lot area, in addition, for each additional dwelling unit over three in number. A maximum of 16 units may be constructed per acre.

^D Minimum building size shall be: for one bedroom unit—650 square feet; two bedroom—780 square feet; three bedroom—930 square feet.

^E Requirements for residential construction shall be the same as for the R-4 District; nonresidential construction minimum building size shall be 500 square feet.

^F Masonry requirements shall mean a brick, stone or similar material veneer attached to an outside wall.

^G See Section 19 [codified as section 34-58] for additional manufactured home district regulations.

^H [Reserved]

^I R-2 residential units must comply with all R-2 restrictions regardless of which district the unit is located in.

The schedule of district regulations notwithstanding, the exterior of additions and/or modifications to existing non-masonry single-family residential structures and accessory buildings to such structures may consist of materials consistent with the exterior of the existing structure.

(Ord. No. 242-2001, § 23, 2-19-2001; Ord. No. 259-2002, § 1, 3-12-2002; Ord. No. 711-2020-10, § 14, 10-12-2020; Ord. No. 738-2021-10, § 1, 10-12-2021; Ord. No. 764-2022-09, § 1, 9-12-2022; Ord. No. 794-2024-02, § 1, 2-26-2024)