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Vernon City Zoning Code

ARTICLE IX

USE DISTRICT REGULATIONS

§ 900.1 General agricultural district-Purpose.

The “AG” General Agricultural District is designed to permit sparsely settled residential development in combination with traditional farming activities. Division of land ordinarily occurs in order to accommodate agricultural needs. Urban-type public improvements normally are not required in this district.
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 900.2 Principal uses.

In this district no building or land shall be used and no building shall be thereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses:
A. 
Single-family residence.
B. 
City-owned buildings and uses.
C. 
Agricultural uses: livestock ranges, animal husbandry, field crops, tree crops, nurseries and greenhouses.
D. 
Public-owned utility buildings and structures.
E. 
Public parks and recreation areas.
F. 
Religious institutions, churches and facilities for worship, fellowship and education when located on a site of three (3) acres or more.
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 900.3 Accessory uses.

Any use may be established as an accessory use to any permitted principal use when it complies with the standard conditions for accessory uses as set forth in section 800.2. In addition, the following accessory use is permitted.
A. 
Roadside stand not exceeding four hundred (400) square feet in floor area, for the sale of agricultural products frown on the premises.
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 900.4 Special exception uses.

The following uses may be established only when reviewed by the planning and zoning commission and authorized by the city commission after a public hearing:
A. 
Shooting range: big bore and small bore rifle, pistol, trap and skeet.
Conditions: The entire range shall be posted and fenced securely to prevent the accidental entry of persons or chattel onto the premises.
B. 
Radio, television, microwave broadcast, relay, receiving towers and transmission and retransmission facilities.
Conditions: The tower shall be set back from all property lines a distance equal to three fourths of the height of the tower.
C. 
Boarding of horses, riding stable, riding hall, horse track.
Conditions: Barns and animal enclosures shall be set back to comply with applicable state and local laws and provisions shall have been made for an operating and maintenance program to minimize the adverse affects of adjacent properties caused by odors and the breeding of flies.
D. 
Day care center.
Conditions: The outdoor play area shall be screened along all abutting properties used for dwelling purposes by a solid wall or fence or by a dense evergreen hedge, and such wall, fence or hedge shall have a height of not less than six (6) feet or more than eight (8).
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 901.1 RS-1, Single-Family Residential District.

The RS-1, Single-Family Residential District is established as a district in which the use of land is for single-family dwellings except as noted. It is the purpose and intent of this district to promote the development of and the continued use of the land for single-family dwellings and to prohibit commercial and industrial use or any other use, which would substantially interfere with the development or continuation of single-family dwellings in this district. The intent is to further discourage any use, which would generate other than the normal traffic which serves residents in the area. This district further encourages only those uses, which, because of character or size, would not create additional requirements and costs for public services in excess of requirements and costs for single-family dwellings.
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 901.2 Uses permitted.

In this district no building or land shall be used and no building shall be erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses:
A. 
Single-family detached dwellings.
B. 
Public schools and private schools where the curriculum is similar in nature and preparation of course work to the public schools, and which satisfies the requirement of the state public school laws and the regulations of the state department of education.
C. 
Public park or playground.
D. 
Agricultural uses of the small non-commercial garden type.
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 901.3 Special exception uses.

The following uses may be established only when authorized by the planning and zoning commission and city commission after a public hearing provided they meet the requirements noted for each use in addition to applicable area regulations:
A. 
Churches, a minimum lot size of one (1) acre and arterial street frontage as shown on the comprehensive plan map.
B. 
Library, provided it has arterial street frontage as shown on the comprehensive plan map.
C. 
Home occupation, provided that it is in keeping with the meaning of “home occupation” as defined in this ordinance. (See section 706.4, page 24)
D. 
Plant nursery, provided that no building or structure is maintained in connection therewith and no retailing or any material is carried on upon the premises.
E. 
Junior high or senior high schools, provided that they have arterial street frontage as shown on the comprehensive plan map or the thoroughfare plan.
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 901.5 District regulations.

[The following district regulations exist within the RS-1, Single-Family Residential District:]
Minimum Lot Area Frontage
Minimum Lot Coverage
Maximum Lot Setback
Minimum Front Yard Setback
Minimum Side Yard Setback
8,000 sq. ft.
70 feet
50 percent
30 feet
5' interior lots 10' street side of corner lots.
All lots and improvements within the RS-1 District shall meet the following requirements:
A. 
All lots shall have not less than eight thousand (8,000) square feet of lot area, and not more than one (1) principal building shall be placed on any one (1) lot.
B. 
Each lot shall have a front of not less than seventy (70) feet. The frontage of any wedge shaped lot, which meets the requirements of minimum lot size may be a minimum of forty (40) feet; however, the front building line on the lot shall be a minimum of seventy (70) linear feet measured at an equal distance parallel to and from the front lot line.
C. 
The maximum dwelling on any lot in the RS-1 District shall not exceed fifty percent (50%) of the lot area for interior lots nor sixty percent (60%) of the lot area for corner lots. Paved areas are not considered improvements within the meaning of this provision.
D. 
All structures shall have not less than a thirty (30) foot front yard setback.
E. 
For a single-family dwelling of one story, the minimum width of the side yard shall be five (5) feet from the interior lot lines and ten (10) feet for the side yard abutting the side street on a corner lot. For buildings of more than one story, the minimum width of the side yard on the interior lot lines shall be not less than ten (10) feet. For a principal building other than a single-family dwelling, the minimum width of the side yard shall be not less than the height of the building, but in no case less than fifteen (15) feet.
F. 
A rear yard of twenty percent (20%) of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however that no accessory building shall be located closer than ten (10) feet to the rear lot line, unless there is an alley adjacent and contiguous to the back lot line in which event building may be placed on lot line.
G. 
Height limit: No dwelling in the RS-1 District shall be constructed with a height in excess of thirty-five (35) feet from the mean lot elevation nor will it exceed two and one-half (2-1/2) stories.
H. 
Bulk limitations (floor area ratio): Bulk limitations are governed by maximum coverage, yard requirements and height limitations.
I. 
The minimum size of primary dwelling units in single-family residential (R-1) shall be 1,000 square feet of habitable space.
(Ordinance 1645, sec. 1, adopted 8/26/14; Ordinance 1804 adopted 9/26/2023)

§ 902.1 RS-2, Single-Family Residential District.

The “RS-2” Single-Family Residential District is designed specifically to provide an area for single family housing at a higher density than permitted in the “RS-1” District. The development and continued use of this land for single-family dwellings is encouraged and the encroachment of commercial and industrial use or any other use which would substantially interfere with the development of or continuation of this district as single-family dwellings is prohibited. This district also discourages any use, which would generate other than normal traffic which serves the residences on the street. It encourages only those uses, which because of character or size would not create additional requirements and costs for public services which are in excess of such requirements and costs if the district were developed solely for single-family dwellings.
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 902.2 Permitted uses.

Permitted uses in the RS-2 Residential District are the same as those in section 901.2 for the RS-1 District.
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 902.3 Special exception uses.

Duplexes.
HUD-code manufactured homes without the towing hitch, axles, brakes, wheels, and other parts of the chassis that operate only during transportation may be placed on conforming lots if installed in accordance with applicable state laws and standards. All other mobile or movable homes shall be placed in a mobile home park.
(Ordinance 1645, sec. 1, adopted 8/26/14)

§ 902.5 District regulations.

[The following district regulations exist within the RS-2 Single-Family Residential District:]
Minimum lot area: 6,000 square feet
Minimum lot frontage: 50 feet
Maximum lot coverage: 40 percent (40%)
Minimum front yard setback: 25 feet
Minimum side yard setback: 5 ft. interior lots; 10 ft. street side of corner lots.
Minimum rear yard setback: 20% of depth of lot.
All lots and improvements within the “RS-2” District shall meet the following requirements:
A. 
All lots shall have not less than six thousand (6,000) square feet of lot area, and not more than one (1) principal building shall be placed on any one (1) lot, except that not less than twelve thousand (12,000) square feet shall be required for uses other than single-family residences.
B. 
Each lot shall have a front of not less than fifty (50) feet. The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be a minimum of thirty (30) feet; however, the front building line on the lot shall be a minimum of fifty (50) linear feet measured at an equal distance to and from the front lot line.
C. 
Not more than forty percent (40%) of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D. 
All structures shall have not less than a twenty-five (25) foot front yard setback.
E. 
For a single-family dwelling of one story, the minimum width of the side yard shall be five (5) feet for interior lot lines and ten (10) feet for the side yard abutting the side street on a corner lot. For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than ten (10) feet. For a principal building other than a single-family dwelling, the minimum width of the side yard shall be not less than the height of the building, but in no case less than fifteen (15) feet.
F. 
A rear yard of twenty percent (20%) of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided however, that no accessory building shall be located closer than ten (10) feet to the rear lot line, unless there is an alley adjacent and contiguous to the back lot line in which case it may go to the lot line.
G. 
Height limit-No dwelling shall be constructed with a height in excess of thirty-five (35) feet from the mean lot elevation nor will it exceed two and one-half (21/2) stories.
H. 
Bulk limitations-(Floor area ratio) are governed by maximum coverage, yard requirements and height limitations.
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 903.1 RG, General Residential District purpose.

The “RG,” General Residential District is intended to provide for both low and high-population density. It is established as a district in which the principal uses of the land are for multi-family dwellings and similar high-density residential development. The intent is to encourage the development and continued use of land for multi-family dwellings and to prohibit commercial and industrial uses or any other use, which would substantially interfere with the development or continuation of multi-family dwellings in this district. It is further intended to discourage any use which would generate additional traffic, and discourage any use which, because of its character or size, would create additional requirements and costs for public services which would be in excess of such requirements and costs if the district were developed solely for multi-family or other similar residential uses.
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 903.2 Uses permitted.

Within the “RG,” General Residential District, the following uses are permitted:
A. 
Any use permitted in section 902.2 for the RS-2 Single-Family Residential District.
B. 
Duplex.
C. 
Multi-family dwelling.
D. 
Rooming or boarding house.
E. 
HUD-code manufactured home which complies with section 902.
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 903.3 Special exception uses.

The following uses may be established only when authorized by the planning and zoning commission and city commission after a public hearing provided they meet the requirement noted for each use in addition to applicable area regulations:
A. 
Convalescent home, rest home, nursing home, and hospitals, public and private, provided they have frontage on a arterial street as shown on the comprehensive plan map or the thoroughfare plan map.
B. 
Community services, cultural, and utility facilities, provided they are located on a lot of not less than one (1) acre and have frontage on an arterial street as shown on the comprehensive plan or thoroughfare plan maps.
C. 
Licensed child care centers or day nurseries, provided they are located on a lot not less than ten thousand (10,000) square feet in area and have principal access on an arterial street as shown on the thoroughfare plan or comprehensive plan maps.
D. 
Any uses permitted subject to additional requirements in section 901.3 for the RS-1, Single-Family Residential District.
E. 
Accessory buildings and uses customarily incidental to the above uses when located on the same lot.
F. 
Mobil home parks in compliance with the following requirements:
1. 
The applicant, upon making application for a zoning clearance permit, must submit a detailed site plan locating all mobile home stands, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determination required herein. Livability space shall be provided in common areas of not less than 7,500 sq. ft., located so as to be conveniently accessible to the mobile homes it is intended to serve.
2. 
The proposed site shall provide for a minimum of ten (10) mobile home spaces of five thousand four hundred forty-five (5,445) square feet per dwelling unit. Any mobile park of twenty (20) or more sites shall have a minimum frontage of one hundred (100) feet on a street designated as an arterial or collector street on the comprehensive plan or thoroughfare plan. All ingress or egress by automobile shall be on such streets.
3. 
The mobile home park shall accommodate primarily permanent occupants, with no more than forty (40) percent of the mobile home stands devoted to solely transient purposes. These solely transient stands are to be located in one area of the park so they will in no way interfere with the permanent residents.
4. 
Front yards of not less than twenty (20) feet and side and rear yards of not less than ten (10) feet shall be provided on mobile home park sites. The setback from adjacent line shall be ten (10) foot minimum. The setback from adjacent buildings shall be thirty-five (35) foot minimum.
5. 
The site shall provide one (1) off-street parking space for each mobile home stand, plus one (1) additional off-street parking space for each four (4) mobile home stands.
6. 
The site shall provide connections for each mobile home stand to all public utilities.
7. 
The mobile home park shall at all times be constructed, operated and maintained in compliance with the health regulations, chapter [28] and mobile home park regulations, chapter 171/2 [34] of the City of Vernon, Texas.
8. 
Tie-down and ground anchors shall be provided in accordance with regulations of the City of Vernon, Texas which are designed to withstand minimum gale force winds.
9. 
Minimum all weather internal street surfacing width shall be 24 feet.
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 903.4 Mobile home subdivisions.

A mobile home park development may be subdivided to permit individual ownership of mobile home spaces, provided the resulting lots shall comply with the bulk and area requirements set out below and a subdivision plat incorporating the bulk and area requirements is submitted to and approved by the planning and zoning commission and filed of record in the office of the Wilbarger County clerk.
Land area per dwelling unit (min.): 6,000 square feet
Livability space for dwelling unit (min.): 1,000 square feet
Height (max.): one story
Front yard and any yard abutting a public street: (Measured from centerline: add to the distance designated in the in the column to the right 1/2 of the right-of-way width designated on the land use and circulation plan, or 25 feet if not designated on the LU & C plan.) (min. [feet])
Abutting an arterial: 35 feet
Not abutting an arterial: 25 feet
Side yards:
-One side: 10 feet
-Other side: 5 feet
-Rear yard (min.): 10 feet
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 903.5 Duplex.

Use shall comply with the height and yard requirements for single-family use and in addition shall comply with the following requirements:
A. 
Minimum lot area of 10,000 square feet;
B. 
Minimum frontage of 75 feet.
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 903.6 Multifamily development standards.

A. 
Lot width (min.)[:] 100 feet
B. 
Lot area (min.): 10,000 square feet
C. 
Structure height (max. feet)[:] 26 feet
D. 
Front yard and any yard abutting a public street: (Measured from the centerline of abutting street; add 1/2 of the right-of-way designated on the land use and circulation plan or 25 feet if not designated on the LU & C plan.) (min. feet)
-Arterial[:] 35 feet
-Not an arterial[:] 25 feet
E. 
Rear yards (min. feet)[:] 15 feet
F. 
Side yards (min. feet)[:] One side yard 15 feet Other side yard[:] 15 feet
G. 
Off-street parking (See section[s] 708.1 through 708.6)
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 903.7 Site plan required.

A site plan shall be submitted as required under the “PD” Planned Development District, section 910.4 and section 910.5. A site plan shall be submitted and approved prior to construction of C, D and E of section 903.2.
A. 
Traffic and project access.
The design of each project shall provide adequately for the safe movement of traffic flowing to and from the project site. Particular attention shall be given to the locations at which traffic enters or leaves streets adjoining the project site, and to the requirements for pedestrian movements to and from the site.
B. 
Drainage.
The design of each project shall provide adequately for the drainage of storm waters falling on or crossing the site. The design of local drainage on hard-surfaced areas shall take into account the flow patterns inherent in the design of the total project, and shall cause minimum interference with pedestrian movements during periods of heavy runoff of storm waters. Where necessary, underground drains may be required o eliminate such interference.
C. 
Off-street parking and loading.
Off-street parking and loading shall be mandatory for all apartment projects developed under these provisions. No off-street parking area shall be located in any minimum required exterior yard. Parking spaces shall be located no more than 200 feet pedestrian travel distance from the entrance to the dwelling for which it is intended to serve and shall meet requirements set forth in section 708.5. Additional guest parking spaces equal to ten percent (10%) of the required spaces will be provided. Guest parking spaces shall be permanently marked.
D. 
Refuse facilities.
Every dwelling unit shall be located within one hundred fifty (150) feet of a refuse facility. Refuse containers shall be provided and maintained in a manner to satisfy the city’s public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pick-up by refuse collection agencies.
E. 
Recreation space.
On site recreation activities shall be provided at the rate of not less than two hundred (200) square feet for each required off-street parking space, and shall have an area of not less than five percent (5%) of the total area of the site.
F. 
Emergency access easement.
Where a building is located more than one-hundred (100) feet from a dedicated public street, there shall be provided an emergency access easement situated not further than thirty (30) feet from such building. Each emergency access easement shall allow for the rapid and safe movement of vehicles used for purposes of providing emergency health or public safety services. Such easements shall have a clear unobstructed width of twenty-four (24) feet, shall connect at each end to a dedicated public street or shall have a turn-around of eighty (80) feet in diameter; corners of emergency access easements and their intersections with public streets shall have a sufficient turning area to permit the free movement of emergency vehicles. Emergency access easements shall be marked by permanent signs as required for designation of visitor parking spaces, and such signs shall have dimensions of not less than two (2) square feet nor greater than four (4) square feet in the face area. Emergency access easements shall be clearly posted to prohibit parking or standing of vehicles except for emergency purposes.
G. 
Lighting.
Lighting within the apartment project shall be provided along all driveways and emergency access easements, and at parking areas, except closed door parking. The height and spacing of light fixtures shall be such as to produce an average illumination level of not less than 0.2 foot candles on all such driveways, access easements and parking areas.
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 903.8 Single-family dwelling regulations: same as [section] 902.5.

(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 904.1 C-C, Convenience Commercial District-Purpose.

The C-C, Convenience Commercial District is intended for a unified grouping in one or more buildings of retail shops and stores and personal services that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the convenience center be developed as a unit with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening.
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 904.2 Uses permitted.

Within the C-C district, the following uses are permitted:
Artist’s supplies and hobby shop
Ambulance service offices or garage
Automobile service station
Bakery shop
Barber and beauty shops
Boat sales
Book store Bowling alleys
Bus terminal
Clothing or wearing apparel shops
Dairy products store
Delicatessen
Drive-in restaurant
Drugstore
Financial institutions
Florist shop
Funeral parlor
Garden stores
Gift shop
Grocery store
Halfway house
Hardware store
Heating and plumbing sales and service
New and used automobile sales and services and public garages
Hospital for small animals
Hotel
Ice plant
Jewelry shop
Kennel
Key shop
Laundry and dry cleaning pickup stations, laundromat
Laundry
Lumberyard
Medical facility
Mini storage warehouse
Office, professional and/or general
Pawnshop
Pet shop
Pharmacy
Printing plant
Restaurants
Retail leather shop
Roller skating rink
Self-service laundries
Service station
Shoe repair shop
Sign painting shop
Sporting goods store
Storage warehouse
Tailor shop
Theater
Toy shop
Variety store
Wholesale distributing center
Any use permitted in section 903.2 item E. except HUD-code manufactured homes.
Any other commercial use deemed by the planning and zoning commission to be of a similar nature to those listed above.
Accessory buildings and uses customarily incidental to the above uses, provided that there shall be no manufacturing of products other than such as are, customarily incidental to retail establishments.
(Ordinance 1644, sec. 1, adopted 8/26/14; Ordinance 1716, sec. 1(A), adopted 10/24/17)

§ 904.3 Special exception uses.

The following uses may be established only when authorized by the planning and zoning commission and city commission after a public hearing by each body:
Any of the uses permitted in section 901.3.
(Ordinance 1480; Ordinance 1284; Ordinance 1521, secs. 1.A–D, adopted 9/22/09)

§ 904.4 District regulations.

[The following district regulations exist within the C-C, Convenience Commercial District:]
Minimum lot area: 12,000 square feet
Minimum lot frontage: 100 feet
Maximum percentage coverage: 50%
Maximum height: 50 feet
Minimum front yard setback: 10 feet
Minimum side yard setback: 20 [feet] adjacent to residential district
Minimum side yard corner lot: 20 feet
Minimum rear yard setback: 10 feet
A. 
The parcel of land on which a convenience commercial center is located shall not be less than twelve thousand (12,000) square feet.
B. 
Each lot shall have a frontage of not less than one hundred (100) feet.
C. 
No more than fifty (50) percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D. 
No improvement or structure shall exceed fifty (50) feet in height above the mean elevation of the lot.
E. 
It is intended that the grouping of buildings and parking areas be designed to protect, insofar as possible, adjacent residential areas. In no case shall the design of the shopping center provide less than the following standards:
1. 
On the side of a lot adjoining a residential district, there shall be a side yard setback of twenty (20) feet.
2. 
All buildings shall be set back from the rear lot line not less than ten (10) feet.
F. 
Outdoor storage material must be located in such a manner that it is neat, orderly, systematically stacked and not randomly placed upon the property. Similar type material must be stored together. Outdoor storage must not encourage the harboring of rats, mice, snakes, insects, mosquitoes, and/or other pests. The outdoor storage must also be free of any high grass and/or weeds.
G. 
All vehicles must be parked on an all-weather surface.
H. 
Petroleum products must be located on an all-weather, City of Vernon Code Enforcement approved surface and free of all vegetation.
I. 
All dead trees and/or shrubs are prohibited and must be removed immediately.
(Ordinance 1480; Ordinance 1284; Ordinance 1521, secs. 1.A–D, adopted 9/22/09)

§ 905.1 C-A/R, Automobile Commercial and Commercial Recreation District-Purpose.

The C-A/R, Automobile Commercial and Commercial Recreation District is established as a district in which the principal use of land is for establishments offering accommodations, supplies of services of motorists, and for certain specialized uses such as retail outlets, extensive commercial amusement and service establishments which serve the entire community but do not and should not necessarily locate in the central business district or the convenience commercial district.
(Ordinance 1480; Ordinance 1521, secs. 1.E-H, adopted 9/22/09)

§ 905.2 Uses permitted.

Within the C-A/R, Automobile Commercial and Commercial Recreation District, the following uses are permitted:
A. 
Any use permitted in the C-C, Convenience Commercial District.
B. 
Other uses, including:
Amusement enterprises
New and used automobile sales and service, new and used machinery sales and service, and public garages.
Automobile service station
Billboards with compliance to the following:
Boat sales
Bowling alleys
Bus terminal
Dancehall
Drive-in theater or restaurant
Electric transmission station
Feed and fuel store
Garden stores
Golf course, miniature or practice range
Heating and plumbing sales and service
Hospital for small animals
Ice plant
Key shop
Kennel
Laundry
Motels
Nightclub
Novelty
Pawnshop
Pet shop
Printing plant
Public uses
Recreation center, private
Roller skating rink
Sign painting shop
Tavern (only if not in conflict with other city ordinances)
Mobile home sales
Travel trailer park and sales
Wholesale distributing center
C. 
Buildings, structures and accessory uses customarily incidental to any of the above uses, provided that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.
(Ordinance 1480; Ordinance 1521, secs. 1.E-H, adopted 9/22/09)

§ 905.3 Special exception uses.

The following uses may be permitted by the planning and zoning commission and city commission after a public hearing, provided they meet the requirement noted for each use in addition to all other regulations applicable:
A. 
Wholesale businesses if no outdoor storage is located on the property in this district.
(Ordinance 1480; Ordinance 1521, secs. 1.E-H, adopted 9/22/09)

§ 905.4 District regulations.

[The following district regulations exist within the C-A/R, Automobile Commercial and Commercial Recreation District:]
Minimum lot area: 12,000 square feet
Minimum lot frontage: 100 feet
Maximum percentage coverage: 50%
Maximum height: 35 feet
Minimum front yard setback: 10 feet
Minimum side yard setback: 2'/1' adjacent to residential district.
Minimum rear yard setback: 20 feet
A. 
The parcel of land on which any commercial use is located shall not be less than twelve thousand (12,000) square feet.
B. 
Each lot shall have a frontage of not less than one hundred (100) feet.
C. 
Not more than fifty (50) percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D. 
No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot.
E. 
It is intended that the grouping of buildings and parking areas be designed to protect, insofar as possible, adjacent residential areas. In no case shall the design of the shopping center provide less than the following standards:
1. 
All buildings shall be set back form all street right-of-way lines not less than ten (10) feet.
2. 
On the side of a lot adjoining a residential district, there shall be a side yard setback of two (2) feet for each one (1) feet of height.
3. 
All buildings shall be set back from the rear lot line not less than twenty (20) feet.
F. 
Outdoor storage material must be located in such a manner that it is neat, orderly, systematically stacked and not randomly placed upon the property. Similar type material must be stored together. Outdoor storage must not encourage the harboring of rats, mice, snakes, insects, mosquitoes, and/or other pests. The outdoor storage must also be free of any high grass and/or weeds.
G. 
All vehicles must be parked on an all-weather surface.
H. 
Petroleum products must be located on an all-weather, City of Vernon Code Enforcement approved surface and free of all vegetation.
I. 
All dead trees and/or shrubs are prohibited and must be removed immediately.
(Ordinance 1480; Ordinance 1521, secs. 1.E-H, adopted 9/22/09)

§ 905.5 Signs-Must conform to the provisions of the city ordinance pertaining to signs.

(Ordinance 1716, sec. 1(B), adopted 10/24/17)

§ 906.1 C-G, General Commercial District-Purpose.

The C-G, General Commercial District is designed for the conduct of personal and business services and the general retail trade of the community. It is designed to accommodate a wide variety of commercial uses in the central business district or areas of mixed business enterprises. It will not normally be applied in the case of new commercial areas.
(Ordinance 1716, sec. 1(B), adopted 10/24/17)

§ 906.2 Uses permitted.

Within the C-G, General Commercial District, the following uses are permitted:
A. 
Any use permitted in a C-C district except halfway houses.
B. 
Other retail, personal service, business service, or professional use other than uses listed in the C-A/R district regulations.
C. 
Any public or quasi-public buildings or uses.
D. 
Buildings, structures, and accessory uses customarily incidental to any of the above uses, provided that there shall be no manufacturing or products other than such as are customarily incidental to retail establishments.
(Ordinance 1716, sec. 1(B), adopted 10/24/17)

§ 906.3 Special exception uses.

Special exception uses are the same as in section 905.3.
(Ordinance 1362; Ordinance 1521, secs. 1.I–K, adopted 9/22/09)

§ 906.4 District regulations.

[The following district regulations exist within the C-G, General Commercial District:]
Minimum lot area: None
Minimum lot frontage: None
Maximum percentage coverage: None
Maximum height: None
Minimum front yard setback: None
Minimum side yard setback: None
Minimum rear yard setback: None
There are no area or height regulations in the C-G District.
(Ordinance 1362; Ordinance 1521, secs. 1.I–K, adopted 9/22/09)

§ 907.1 I-l, Light Industrial District-Purpose.

The purpose of the I-L, Light Industrial District is to provide a location for industries, which do not by nature create nuisances. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit non-industrial uses. Because of the traffic generated and other potentially objectionable influences created in this district, a buffer or setback area between this district and any other zoning district except I-H is required.
(Ordinance 1362; Ordinance 1521, secs. 1.I–K, adopted 9/22/09)

§ 907.2 District standards.

Any use constructed, established, altered, or enlarged in the I-L, Light Industrial District, after the effective date of this ordinance shall be so operated as to comply with the following standards:
A. 
No building shall be used for residential purposes except that a watchman may reside on the premises or as authorized by special exception use.
B. 
No retail sales or services shall be permitted except as incidental to or accessory to a permitted use. Taverns are hereby expressly excluded in the I-L District.
C. 
No operation or activity shall cause or create noise in excess of the sound levels prescribed below.
In the I-L District, at no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use, operation, or activity exceed the maximum permitted decibel levels for the designated octave bands as set forth in Tables I and II below:
TABLE I. PREFERRED FREQUENCIES
Center Frequency, Cycles Per Second
Maximum Permitted Sound Pressure Level Decibels
31.5
76
63
74
125
68
250
63
500
57
1,000
52
2,000
45
4,000
38
8,000
32
TABLE II. OCTAVE BANDS
Octave Bands, Cycles per Second
Maximum Permitted Sound Pressure Level Decibels
20-75
75
75-150
70
150-300
64
300-600
59
600-1,200
53
1,200-2,400
47
2,400-4,800
40
4,800-10 KC
34
Method of measurement: For the purpose of measure intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer shall be employed. The flat network and the fast meter response of the sound level meter shall be used. Sounds of short duration as from forge hammers, punch presses, and metal shears, which cannot be measured accurately with the sound level meter, shall be measured with the impact noise analyzer.
Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1.6-1960, Preferred Frequencies for Acoustical Measurements) shall be used with the Table I. Octave band analyzers calibrated with pre-1960 octave band (American Standards Association Z24.10-1954, Octave band Filter Set) shall use Table II.
For impact sounds measured with the impact noise analyzer, the sound pressure levels set forth in Tables I and II may be increased by six (6) decibels in each octave band.
Exemptions: The following uses and activities shall be exempt from the noise level regulations:
1. 
Noises not directly under the control of the property user.
2. 
Noises emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m.
3. 
The noises of safety signals, warning devices, and emergency pressure relief valves.
4. 
Transient noises of moving sources such as automobiles, trucks, airplanes and railroads.
D. 
No toxic matter, noxious matter, smoke, gas, or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the lot on which the use is located.
E. 
Earth carried vibration shall be limited so that detection by seismograph at any property line of an industrial establishment shall not exceed a value measured and computed as follows:
Method of measurement: measurement shall be made at the property line; vibration displacements shall be measured with an instrument capable of measuring in three mutually perpendicular directions.
Maximum permissible displacements: The following formula shall be used in computing the maximum displacements permitted in the I-L District:
 
D =
K/F
Where:
 
D =
displacement in inches
 
K =
[0].01
 
F =
the frequency of the vibration transmitted through the ground in cycles per second
F. 
Exterior lighting fixtures, wherever necessary, shall be shaded to avoid casting direct light upon property located in any residential district.
G. 
The manufacture of flammable materials which produce explosive vapors or gases is prohibited.
H. 
Outdoor storage material must be located in such a manner that it is neat, orderly, systematically stacked and not randomly placed upon the property. Similar type material must be stored together. Outdoor storage must not encourage the harboring of rats, mice, snakes, insects, mosquitoes, and/or other pests. The outdoor storage must also be free of any high grass and/or weeds.
I. 
Any operation that produces intense glare or heat shall be adequately shielded or be performed within a completely enclosed building, and exposed sources of light shall be screened so as not to be detectable beyond the lot lines.
J. 
All vehicles must be parked on an all-weather surface.
K. 
Petroleum products must be located on an all-weather, City of Vernon Code Enforcement approved surface and free of all vegetation.
L. 
All dead trees and/or shrubs are prohibited and must be removed immediately.
(Ordinance 1362; Ordinance 1521, secs. 1.I–K, adopted 9/22/09)

§ 907.3 Uses permitted.

Within the I-L, Light Industrial District, the following uses are permitted:
A. 
Building material sales.
B. 
Commercial radio and television transmitting antenna towers and other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages.
C. 
Compounding, processing and blending of chemical products, but not including any materials which decompose by detonation or pollute the area.
D. 
General and administrative offices.
E. 
Halfway houses
F. 
Machine shops and metal products manufacture and tool and die shops.
G. 
Wholesale mail-order houses.
H. 
Manufacturing and assembling (or any combinations of such processes) of products from wood, cork, glass, leather, fur, plastic, felt, and other textiles, but not including as a principal operation the processing of any raw materials.
I. 
Manufacturing and assembling of electrical and electronic products and equipment.
J. 
Printing and binding plants.
K. 
Research laboratories.
L. 
Warehouse and storage facilities.
M. 
Accessory uses incidental to and on the same zoning lot as a principal use.
N. 
Any use permitted in a C-A/R, Automobile Commercial and Commercial Recreation District, or a C-G, General Commercial District except for any type of residential uses, i.e., mobile home, manufactured housing, single-family dwelling, duplex dwelling or multifamily dwelling, unless provided for elsewhere in the I-L or I-H district regulations.
(Ordinance 1716, sec. 1(C), adopted 10/24/17)

§ 907.4 Special exception use.

The following may be established only when authorized by the planning and zoning commission and city commission, after a public hearing:
A. 
Any use similar to those listed above and which is not listed in the section “Uses Permitted” in the Heavy Industrial District (I-H) of this ordinance.
B. 
Criminal justice halfway house.
(Ordinance 1362)

§ 907.5 District regulations.

[The following district regulations exist within the I-L, Light Industrial District:]
Minimum lot area: None
Minimum lot frontage: None
Maximum percentage coverage: 40%
Maximum height: None
Minimum front yard setback: 50 feet
Minimum side yard setback: 50 feet*
Minimum rear yard setback: 50 feet*
*(Minimum of 2 feet of setback for each 1 foot of height when adjacent to residential district)
A. 
There are no area requirements in an I-L District.
B. 
There are no lot frontage requirements in and I-L District.
C. 
Not more than forty (40) percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D. 
There are no height requirements in an I-L District.
E. 
No structure shall be erected, commenced or maintained which has a front yard of less than fifty (50) feet.
F. 
When adjacent to a residential district, a side yard of fifty (50) feet or two (2) feet for each one (1) foot of height, whichever is greater, shall be provided.
G. 
When adjacent to a residential district, a rear yard of fifty (50) feet or two (2) feet for each one (1) foot of height, whichever is greater, shall be provided.
(Ordinance 1362; Ordinance 1521, secs. 1.M-P, adopted 9/22/09)

§ 908.1 I-H, Heavy Industrial District-Purpose.

The purpose of the I-H, Heavy Industrial District, is to provide a location for industries, which may by their nature create nuisances. The intent is to preserve this land especially for such industry in locations with access to arterial streets as designated on the comprehensive plan and/or the thoroughfare plan maps of the city, as well as locations generally accessible to railroad transportation. Because of the nuisances or other objectionable influences that may be created in this district, a buffer or setback strip between this district and other zoning districts except I-L is required.
(Ordinance 1362; Ordinance 1521, secs. 1.M-P, adopted 9/22/09)

§ 908.2 District standards.

Any use constructed, established, altered or enlarged in the I-H, Heavy Industrial District, after the effective date of this ordinance shall be so operated as to comply with the following standards. No use already established on the effective date of this ordinance shall be so altered or modified as to conflict with, or further conflict with, the applicable standards hereinafter for the I-H District.
A. 
No building shall be used for residential purposes, except that a watchman may reside on the premises or as allowed by special exception use.
B. 
No retail sales or services shall be permitted except as incidental to or accessory to a permitted use. Taverns are hereby expressly excluded in the I-H District.
C. 
No storage, manufacture, or assembly of goods shall be conducted out of a building unless the nearest point of said activity is more than one hundred (100) feet from the boundary of any zoning district.
D. 
Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.
E. 
All manufacturing, fabricating, assembly, disassembly, repairing, storing cleaning, servicing and testing of goods, water and merchandise shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odors, glare, heat, fire or explosive hazards.
F. 
No activities involving storage, utilization, or manufacture or use of explosive materials shall be permitted.
G. 
Outdoor storage material must be located in such a manner that it is neat, orderly, systematically stacked and not randomly placed upon the property. The outdoor storage must not encourage the harboring of rats, mice, snakes, insects, mosquitoes, and/or other pests. The outdoor storage must also be free of any high grass and/or weeds.
H. 
All vehicles must be parked on an all-weather surface.
I. 
Petroleum products must be located on an all-weather, City of Vernon Code Enforcement approved surface and free of all vegetation.
J. 
All dead trees and/or shrubs are prohibited and must be removed immediately.
(Ordinance 1362; Ordinance 1521, secs. 1.M-P, adopted 9/22/09)

§ 908.3 Uses permitted.

Within the I-H, Heavy Industrial District, the following uses are permitted:
A. 
Any use permitted in the I-L District.
B. 
Automobile wrecking and junkyards, provided they are enclosed throughout the entire perimeter by a solid fence not less than eight (8) feet in height.
C. 
Other uses:
Blacksmith, tinsmiths and sheet metal shops
Bottling works
Bulk fuel sales and service
Canning or preserving factories
Cold storage plant
Ice cream production and distribution
Laundry and dry-cleaning plants
Machinery rental, sales and service
Machine shops
Manufacturing, fabricating, assembling, repairing, storing and cleaning. Servicing, or testing of any of the following materials, goods or merchandise:
Apparel
Beverages (non-alcoholic), processing and bottling
Building materials specialties
Clothing
Compounding and packaging of chemicals
Cosmetics and toiletries
Dairy products
Drugs and pharmaceutical products
Electrical and acoustical products and components
Food products (except fish, sauerkraut, vinegar and yeast)
Furniture
Glass products
Ice, dry and natural
Jewelry
Medical laboratory supplies, equipment and specialties
Musical instruments
Metal products and utensils
Optical goods
Paper products, including boxes and containers, radios, phonographs, records and television sets and parts
Textiles
Toys and children’s vehicles Trailers and carts
Wood products, including wooden boxes and containers
Milk, bottling and distribution
Monumental stone cutting
Motor freight terminals
Pattern shops
Printing plants
Railroad yards and switching areas, including lodging and sleeping facilities for transient railroad labor
Sign painting
Soldering and welding shops
Spar painting and mixing
D. 
Adult business
(Ordinance 1362)

§ 908.4 Special exception uses.

The following may be established only when authorized by the planning and zoning commission and city commission, and after public hearing:
A. 
Asphaltic or concrete batching plant, for a period of not more than two (2) years, subject to renewal.
B. 
Automobile or livestock auction house.
C. 
Extractive industries including sand and gravel mining and processing.
D. 
Open storage of products and commodities.
E. 
Slaughter house or packing plant for meat and poultry products.
F. 
Animal pound, clinic, or hospital with outside runs.
G. 
Facilities for outdoor amusements and sports, including fairgrounds, rodeo grounds, circus and tracks for road racing and automobile testing.
H. 
Electric energy generating plant.
I. 
Sewage treatment plant.
J. 
Manufacture or storage of explosives and flammable liquids or gases.
K. 
Manufacturing, processing or storage for resale in bulk of insecticides or fertilizers.
L. 
Manufacturing, processing and/or fabrication when conducted partially or completely outside an enclosed building.
M. 
Criminal justice halfway house.
N. 
Battery energy storage system.
(Ordinance 1362; Ordinance 1831 adopted 3/25/2025)

§ 908.5 District regulations.

A. 
There are no requirements for minimum lot area or frontage in the I-H District.
B. 
Front, rear and side yard requirements in the I-H District are the same as those set forth in section 907.5 for the I-L District.
C. 
Buildings shall not cover more than fifty (50) percent of the site on which the use is located.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 909.1 C-F, Community Facilities District-Purpose.

The C-F, Community Facilities District is designed to permit those institutional and, related uses, which are established in response to the educational, safety and welfare needs of the community.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 909.2 Principal uses.

In this district, no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses:
A. 
Public kindergartens, elementary and secondary schools, and private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the state public school laws and the regulations of the State department of education.
B. 
Higher education institutions: junior and senior colleges, universities, conservatories and seminaries, offering curricula recognized by collegiate, academic and professional organization accrediting boards.
C. 
Museums, libraries, fine arts centers, and similar cultural facilities sponsored, operated or maintained for the benefit of the general public.
D. 
Golf courses (except commercially operated miniature golf courses and commercially operated golf driving ranges) on a site containing a total area of not less than forty (40) acres; parks, playgrounds, community center and country clubs.
E. 
Institutions, rehabilitation and training centers offering non-academic programs, when operated or sponsored by chartered educational, religious or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis.
F. 
Public safety facilities: Civil defense operational centers, police and fire stations and training facilities.
G. 
Religious institutions: Churches and facilities for worship, fellowship and education.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 909.3 Accessory uses.

Any use may be established as an accessory use to any permitted principal use when it complies with the standard conditions for accessory uses as previously set forth in section 800.2.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 909.4 Special exception uses.

The following uses may be established only when authorized by the planning and zoning commission and city commission. Any use accessory to the following may be permitted without specific board approval provided it complies with the limitations of section 909.3. Other special exceptions shall be permitted by the board after public hearing together with such other conditions as the board may impose.
A. 
Utility buildings and structures: power sub-stations, water tanks and reservoirs.
B. 
Crematory for the disposal of human dead or of domestic pets.
C. 
Radio, television, micro-wave broadcast, relay, receiving towers and transmission and retransmission facilities.
Conditions: The tower shall be set back from all property lines a distance equal to three fourths of the height of the tower.
D. 
Day care center.
Conditions: The outdoor play area shall be screened along all abutting properties used for dwelling purposes by a solid wall or fence or by a dense evergreen hedge, and such wall, fence or hedge shall have a height of not less than six (6) feet.
E. 
Medical care facilities: Nursing and care homes; hospitals with their related facilities and supportive retail and personal services used, operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors.
F. 
Helistop area for loading and unloading of passengers and air express.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 909.5 Rezoning after discontinuance of use.

Areas indicated on the zoning map as C-F, Community Facilities District shall not be used for any purpose other than that designated; when this use is discontinued, it shall automatically be zoned to the most restricted adjoining district until such time as the city commission, acting on the recommendation of the planning and zoning commission and in accordance with procedures set out in article IV of this ordinance, shall approve inclusion of such property in another district or districts.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 909.6 District regulations.

[The following district regulations exist within the C-F, Community Facilities District:]
Lot Area
Lot Width
Buildable Area
Front Yard
Interior Yard
Extra Yard per ft. of Bldg. over 40' high
Floor Area Ratio
32,000
160
40%
30'
10'
2 ft. for each ft. of height
15%
16,000
100
40%
30'
10'
 
20%
8,000
60
40%
30'
10'
 
25%
4,000
50
40%
25'
10'*
 
30%
No maximum height requirement.
*In lieu of the normal yard width, the structure housing a non-residential use may be placed not less than one foot from the property line if the adjoining property is vacant or in non-residential use.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.1 P-D, Planned Development-Purpose (Ordinance [No.] 1488).

The P-D, Planned Development District is designed to encourage a create flexibility and the opportunity for a higher standard of land development than is permitted under conventional regulations. The tract must be under common ownership or control and a detailed plan (an outlined development plan) must be submitted for commission review. A planned development district must be approved by the city commission as a prerequisite to development. As such it makes feasible the application of planning concepts dealing with the planned development of areas such as residential areas, planned shopping centers, planned industrial parks, mixed-use developments, medical centers, community recreation centers, office complexes, and development or redevelopment of areas of historical significance as defined by the comprehensive plan. Improvements in a “P-D” district are subject to conformance with a site plan approved by the city commission on the planning and zoning commission’s recommendation and after public hearing thereon.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.2 Effects of “P-D” classification.

When property is rezoned as P-D, Planned Development District so designated by the letters “P-D,” it contains its own set of regulations and displaces the underlying zone.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.3 Special regulations.

A. 
When the “P-D” District is to be used for a nonresidential purpose, the tract shall have a gross area of at least two (2) acres. In addition to the development controls for non-residential uses, special attention shall be given to the potentially adverse effects of the proposed development on adjacent residential properties. The planning and zoning commission shall not recommend for city commission approval any site plan which it finds will create unnecessary traffic congestion on local streets in such residential area, will create a potential hazard to such properties by reason of water ponding or by intensifying water flows, or will other wise be operated in such manner as to be detrimental to the health or safety of occupants of adjacent land.
B. 
When the “P-D” classification is to be used for a residential purpose, the tract shall have a gross area of at least five (5) acres. The yard requirements for residential uses shall apply only to the total site and to individual blocks within the site; in lieu of the minimum lot area-lot width requirements and the bulk controls of the district in which the property, or part thereof, is located shall apply.
C. 
When the “P-D” classification is to be used for mixed (residential and commercial) development purposes, the tract shall have a gross area of at least two (2) acres. Special attention should be given to the potentially adverse effects of the proposed development on adjacent residential properties. Proposed development controls must be included for review in the outlined development plan/site plan.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.4 Site plan approval required.

A site plan approved by the city commission shall be prerequisite to issuance of building permits and certificates of occupancy for any property in the district other than those that are entitled to same by reason of other provisions of this ordinance.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.5 Information to be shown on site plan and application.

The site plan shall show all pertinent information as necessary to accompany an application for building permit and such other information pertinent to the site and surrounding area, including a schedule of proposed improvements both on-site and off-site.
An application for a planned development shall be filed with the planning and zoning commission. The application shall be accompanied by a fee in accordance with the established fee schedule. The application shall be in such form and content as the planning and zoning commission may by resolution establish, provided that (3) copies of an outline development plan shall accompany the filing of the application. The outline development shall consist of maps and text which contain:
A. 
A site plan reflecting:
1. 
The legal description of the land included in the site plan and the lot, with the name of the owner/s, developer, and designer;
2. 
The boundary lines of the area included in the site plan, a north arrow, scale and the lot area of the land included in the site plan;
3. 
Utility location, easements, and drainage;
4. 
Proposed location of uses, including off-street parking, open spaces and public uses;
5. 
Development standards for location, height, setbacks, lot coverage, and size of lots, buildings and other structures;
6. 
Public and private vehicular and pedestrian circulation;
7. 
The approximate intensity of residential uses expressed in number of dwelling units and the approximate intensity of non-residential uses expressed in floor area, allocated to each identifiable segment of the planned Unit development;
8. 
Proposed location, height, and size of proposed screening, lighting, fencing, ground signs, and landscaping;
9. 
Sufficient surrounding area to demonstrate the relationship of the P-D to adjoining uses, both existing and proposed;
10. 
Each individual lot or parcel shall have direct vehicular access to a public street or alley or to a community drive to be provided and maintained within a community open space and thereby connect with a public street. Where access to lots or parcels is to be provided by community open space rather than public streets or alleys, adequate provisions shall be made for emergency and other service vehicles.
B. 
Existing topographic character of the land including identification of floodplain areas, treed areas, slope analysis at one-foot contour intervals, and soil analysis.
C. 
An explanation of the proposed uses of the P-D.
D. 
The expected schedule of development.
E. 
In addition to the above requirements, the planning and zoning commission and city commission may also require the following:
1. 
Architectural drawings detailing the design and materials, shape, height, size and floor area of all proposed structures.
2. 
Other development and protective requirements considered necessary to create a reasonable transition to and protection for adjacent property.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.6 Public hearing and planning and zoning commission action.

A request for site plan approval shall be processed in accordance with the same review and hearing procedure as a proposal for zoning district change. A site plan approval request may be heard concurrent with or subsequent to a zoning change request, but not before. The planning and zoning commission, upon the filing of an application for the “P-D” district designation, shall set the matter for public hearing and give 15 days’ notice thereof by publication in a newspaper of general circulation. Within 60 days after the filing of an application, the planning and zoning commission shall conduct public hearing and shall determine:
A. 
Whether the P-D is consistent with the comprehensive plan.
B. 
Whether the P-D harmonizes with the existing and expected development of surrounding areas.
C. 
Whether the P-D is a unified treatment of the development possibilities of the project site.
D. 
Whether the P-D is consistent with the stated purposes and standards of this section. (910.1)
The planning and zoning commission shall forward its recommendation, the application, and the outline development plan to the city commission for further hearing s provided in section 910.7.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.7 City commission action.

Upon receipt of the application, outline development plan, and planning and zoning commission recommendation, the city commission shall hold hearings, review the outline development plan and approve, disapprove, modify, or return the outline development plan to the planning and zoning commission for further consideration. Upon approval, the zoning shall be amended to reflect the “P-D” designation, and the applicant shall be authorized to process a subdivision plat (if required) incorporating the provisions of the outline development plan.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.8 Planned development subdivision plat.

A planned development (P-D) subdivision plat shall be filed with the planning and zoning commission and shall be processed in accordance with the subdivision regulations, and, in addition to the requirements of the subdivision regulations shall include:
A. 
Details as to the location of uses and street arrangement.
B. 
Provisions for the ownership and maintenance of the common open space as will reasonably insure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the city commission.
C. 
Such covenants as will reasonably insure the continued compliance with the approved outline development plan. The planning and zoning commission may require covenants which provide for detailed site plan review and approval by said commission prior to the issuance of any building permits within the P-D. In order that the public interest may be protected, the City of Vernon shall be made beneficiary of covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, and access. Such covenants shall provide that the City of Vernon may enforce compliance therewith, and shall further provide that amendment of such covenants shall require the approval of the planning and zoning commission and the filing of record of a written amendment to the covenants, endorsed by the planning and zoning commission.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.9 Issuance of building permits (P-D subdivision plat).

After the filing of an approved P-D subdivision plat and notice thereof to the building inspector, no building permits shall be issued on lands within the P-D except in accordance with the approved plat.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.10 Amendments.

Minor changes in the P-D may be authorized by the planning and zoning commission, which may direct the processing of an amended subdivision plat, incorporating such changes, so long as substantial compliance is maintained with the outline development plan and the purposes and standards of the P-D provisions hereof. Changes which would represent a significant departure from the outline development plan shall require compliance with the notice and procedural requirements of an original planned development.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.11 Abandonment.

Abandonment of a planned development shall occur when (1) the developer/owner voluntarily abandons the project and signs an affidavit confirming its abandonment; or (2) the project is not completed within four years from the city commission’s final approval of the planned development site plan. In both instances, the special services director [community development director] shall file a signed affidavit in the official public record at the Wilbarger County Clerks’ Office verifying the abandonment of the planned development. Upon official abandonment of a planned development site the zoning designation shall automatically revert to the property’s previous zoning designation. Upon final action authorizing the abandonment of the planned development, no building permit shall be issued except in accordance with the restrictions and limitations of the property’s zoning classification prior to “P-D” designation.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.12 Waiver of area regulations.

The city commission, after recommendation by the planning and zoning commission, may grant a waiver to the minimum requirements such as minimum acreage, lot area, lot width, lot depth, lot coverage, and front, side, and rear yards when the overall development is in keeping within the requirements of the zoning regulations.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 910.13 Numbering of districts; register and file; inclusion on zoning map.

Planned development (P-D) districts shall be sequentially numbered. The special services director [community development director] shall maintain a register and file of all P-D districts which shall contain a site plan, a copy of the ordinance creating the P-D district, and all other information concerning the P-D districts as set forth on the zoning map.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 911.1 FD, Floodway Supplemental District.

An FD, Floodway Supplemental District set forth below is hereby established.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 911.2 Flood hazard area maps adopted.

In addition to the establishment of the FD, Floodway Supplemental District, the City of Vernon adopts the flood hazard area maps prepared by HUD, dated January 16, 1976. The adoption of the flood hazard area maps is essential for the protection of health, safety, and general welfare of the public. Such flood hazard area maps shall be made available for public inspection in the offices of the Vernon Planning and Zoning Commission, city engineer and building inspections. The following requirements shall be met before a building permit is issued within a flood hazard area, as depicted on said flood hazard area maps:
No building permit may be granted in a FD Floodway Supplemental District until the planning and zoning commission has recommended approval of the permit and the city commission has reviewed and approved the same.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 912.1 C-B, Central Business District-Purpose.

The purpose of the Central Business District (C-B) is to encourage and protect the development, redevelopment, and clustering of light office and retail business to promote tourism, downtown revitalization, and beautification. The Central Business District is intended to maintain and encourage pedestrian-friendly development and redevelopment within the central business section of the city. This district establishes the character of the city by serving tourists as well as residents of the city.
(Ordinance 1519, sec. 1.B, adopted 8/25/09)

§ 912.2 Uses permitted.

Within the C-B district, the following uses are permitted:
Offices of a professional or administrative nature which provide services only, such as doctors, architects, engineers, real estate, banks and similar offices.
Studios of artists, photographers, musicians, and radio or television stations.
Bakery and confectionery (retail only).
Cafeteria or restaurant (no drive-ins).
Cleaning pickup station and pressing shop.
Bowling alley, billiard hall, indoor theater, game room.
Personal services such as barbershop or beauty shop, tailor, shoe repair, travel agent, or health studio.
Drugstore.
Gasoline service stations, not including major automobile repair garage.
Florist or garden shop.
Automatic laundry.
Custom shops for the making and selling of articles on the premises, such as handicraft or drapery shops.
Grocery stores.
Hotels, motels, and bed & breakfast establishments.
Retail stores offering consumer goods for sale and displaying these goods within the building itself. Those uses specifically listed in, L-I, H-I, shall not be included in the central business district (CBD).
Advertising signs for the purpose of advertising goods or services offered within the building. The sign may be attached to the building or similar fixed type.
Photo developing.
Automobile sales, not including wrecking and salvage.
Job and newspaper printing.
Furniture and appliance storage and repair (inside a building only).
Wholesale office and sample room.
Small appliance repair shops.
Government offices.
Civic and fraternal organizations.
Museums.
Residential uses.
Halfway houses.
Breweries
Wineries
Taverns
Distilleries
Any other light commercial use deemed by the planning and zoning commission to be of a similar nature to those listed above and congruent with the intent and purpose of the central business district.
(Ordinance 1519, sec. 1.C, adopted 8/25/09; Ordinance 1716, sec. 1(D), adopted 10/24/17; Ordinance 1786 adopted 5/24/2022)

§ 912.3 District regulations.

District regulations are the same as in section 906.4.
(Ordinance 1519, sec. 1.D, adopted 8/25/09)

§ 913.1 C-O, Corridor Overlay District-Purpose.

The purpose of the Corridor Overlay District (C-O) is to improve the visual appearance of entryways and major thoroughfares to promote development and redevelopment and to maintain and improve property values within the city. Subsequently, the intention of the Corridor Overlay District is to promote tourism, revitalization, and beautification. This district establishes rules, such as the regulation of outdoor storage and landscaping provisions, to help enhance the attractiveness along street and highway corridors within the city.
(Ordinance 1520, sec. 1.C, adopted 8/25/09)

§ 913.2 District regulations.

A. 
Landscaping requirements.
Dead trees and/or shrubs are prohibited within the Corridor Overlay District and must be removed in their entirety.
B. 
Outdoor storage.
Outdoor storage, as defined in section 201.2, is prohibited within the Corridor Overlay District unless properly screened according to subsection 913.2 B.3.
1. 
Removal of vegetation:
Areas around or under outdoor storage and outside display materials or buildings shall be kept free and clear of accumulations of grass, brush or other uncultivated vegetation.
2. 
Front/side/rear yards:
Outdoor storage shall not be stored in front of buildings so as to be open to public view; except that the incidental outdoor display of commodities for retail sale is permitted. Outdoor storage yards located in side and rear yards must comply with subsection 913.2 B.3.
3. 
Screening/fencing:
Every outdoor storage yard located in the side or rear yard within the Corridor Overlay District shall have a fence or other approved screening as herein defined installed and maintained to obscure the view of the outdoor storage from any adjacent land or right-of-way. Fences, as required, shall comply with the following requirements:
(a) 
Fences shall be sheathed with boards, slats, metal, or other approved materials, securely nailed or attached to supports, which will provide an effective visual screen. Transparent or translucent sheathing materials shall not be permitted.
(b) 
Sheathing materials for screening shall extend up at least six feet tall.
(c) 
A building permit shall be obtained from the City of Vernon prior to construction.
(d) 
Earthen berms, evergreen vegetation, trees, and shrubbery may be used to meet the screening requirement provided that such material meets the intent of this article an such material is approved by the community development director or his/her designee.
(e) 
Sheathing materials, posts, rails or any other fencing construction materials shall be naturally weather resistant or shall be painted or finished to resist decay or rust. Materials and/or paint shall be of uniform color and pattern. Fences or acceptable alternatives, shall be maintained by repair, painting, or replacement as necessary to maintain stability, screening and weather resistance and decay resistance. The use of used salvage materials shall be prohibited unless specifically noted on plans and approved by the community development director or designee.
(f) 
Chain-link fences modified by the insertion of slats made of solid and durable materials into all spaces may be permitted is such system meets the intent of this ordinance. Such acceptable materials shall be uniform in strength, material and color.
(g) 
Gates, normally used for access to the outdoor storage yard, are not required to provide a solid screen. The outdoor storage yard immediately behind and perpendicular to such gate, to a distance of at least 30 feet, shall be kept clear of all storage materials. Unscreened gates shall be no wider than 20 feet.
4. 
Areas not required to fence.
Outdoor areas of land used for the storage or display of materials or vehicles incidental to the principal activity of a business shall not be required to comply with this section if such areas are included as one of the following uses:
(a) 
New or used automobile and related vehicle sales lots, authorized by a state motor vehicle dealer license.
(b) 
Storage yards incidental to the on-site sale of new building materials, new heavy machinery, new farm equipment, new nursery products, new mobile homes, new boats or new trailers.
(c) 
Storage yards for supplies and/or raw materials necessary to the on-site manufacturing, fabrication or assembly of finished products, if kept in a neat and orderly fashion.
(d) 
Parking areas for operable equipment, vehicles and trailers incidental to a rental or construction business.
(e) 
Parking areas for vehicles incidental to transportation and hauling activities of commercial businesses and governmental entities.
(f) 
Parking areas for operable motor vehicles awaiting service at auto repair or auto body shops.
(g) 
Used merchandise, that is associated with a retail business, displayed during normal business hours (8:00 a.m. to 5:00 p.m. daily).
5. 
Where it has been determined that site constraints exist that may limit the ability of a particular site to conform to the requirements herein, the community development director or designee shall evaluate the ability of a proposal to come into conformance with requirements herein by considering constraints to that ability. If the proposal will not entirely fulfill the requirements herein, the community development director or designee may instruct that a proposal be presented which strives to maintain the intent of this section to the best of its ability. Such alternate proposal shall be approved by the planning and zoning commission. An appeal to the planning and zoning commission’s decision may be made to the city commission as set out in subsection 403.1.D of the City of Vernon Zoning Ordinance.
(Ordinance 1520, sec. 1.D, adopted 8/25/09)

§ 913.3 N-O, Neighborhood Office District-Purpose.

The purpose of the Neighborhood Office District (N-O) is to provide a transitional area between more intense commercial districts and residential districts. It is a flexible district created for low intensity office and professional uses. Buildings located within Neighborhood Office Districts should be compatible and in similar scale with residential uses. Neighborhood Office Districts act as a buffer between heavier commercial zones/business corridors and quieter residential districts. They are designed to preserve and be compatible with existing residential neighborhoods.
Editor’s note–Ordinance 1646, sec. 1, adopted August 26, 2014, set out provisions intended as sec. 913.1. For purposes of preventing duplication of section numbers, and at the editor’s discretion, these provisions have been included as sec. 913.3.
(Ordinance 1646, sec. 1, adopted 8/26/14)

§ 913.4 Uses permitted.

Within the N-O district, the following uses are permitted:
Offices of a professional or administrative nature which provide services only, such as, but not limited to, doctors, architects, engineers, real estate, financial services and similar offices.
Residential uses limited to single-family homes or duplexes.
Bed and Breakfast.
Any other light commercial or office-type use deemed by the planning and zoning commission to be of a similar nature to those listed above and congruent with the intent and purpose of the Neighborhood Office District.
Editor’s note–Ordinance 1646, sec. 1, adopted August 26, 2014, set out provisions intended as sec. 913.2. For purposes of preventing duplication of section numbers, and at the editor’s discretion, these provisions have been included as sec. 913.4.
(Ordinance 1646, sec. 1, adopted 8/26/14)

§ 913.5 Special exception uses.

The following uses may be permitted by the planning and zoning commission and city commission after a public hearing, provided they meet the requirements noted for each use in addition to all other regulations applicable:
Church;
Government offices and infrastructure;
Civic and fraternal organizations;
Museum;
Art gallery;
Library;
Park;
Clinic.
Editor’s note–Ordinance 1646, sec. 1, adopted August 26, 2014, set out provisions intended as sec. 913.2. For purposes of preventing duplication of section numbers, and at the editor’s discretion, these provisions have been included as sec. 913.5.
(Ordinance 1646, sec. 1, adopted 8/26/14)

§ 913.6 District regulations.

(a) 
District regulations are the same as in section 901.5 except the minimum front yard setback in the Neighborhood Office District shall be 20 feet.
(b) 
Outdoor storage material must be located in such a manner that it is neat, orderly, systematically stacked and not randomly placed upon the property. Similar type material must be stored together. Outdoor storage must not encourage the harboring of rats, mice, snakes, insects, mosquitoes, and/or other pests. The outdoor storage must also be free of any high grass and/or weeds (or no outdoor storage allowed).
(c) 
All vehicles must be parked on an all-weather surface.
(d) 
Petroleum products must be located on an all-weather, City Code enforcement-approved surface and free of all vegetation.
(e) 
All dead trees and/or shrubs are prohibited and must be removed immediately.
(f) 
Non-residential uses must be screened by a City Code enforcement-approved, six- to eight-foot privacy fence where adjacent to a residential lot.
Editor’s note–Ordinance 1646, sec. 1, adopted August 26, 2014, set out provisions intended as sec. 913.3. For purposes of preventing duplication of section numbers, and at the editor’s discretion, these provisions have been included as sec. 913.6.
(Ordinance 1646, sec. 1, adopted 8/26/14)