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Whitesboro City Zoning Code

GENERAL PROVISIONS

§ 154.001 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word “shall” is mandatory and not directory.
   ACCESSORY BUILDING. A subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises.
   ACCESSORY USE. A use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.
   ANIMAL HOSPITALS. Buildings which are used or intended for use of treatment and care of animals, including veterinarian clinics and dog pounds.
   APARTMENT HOUSE and APARTMENTS. Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.
   BUILDING. Any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate building.
   BUILDING AREA. The total area enclosed by a line formed by the outside surface of all walls at the foundation line.
   BUILDING HEIGHT. Average vertical distance from finished grade or ground level to the highest point of the roof, tower or obstruction.
   CHILD CARE CENTER. Any place, home or institution which receives three or more children under the age of 16 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending service or meetings or classes or other church activities.
   COMMERCIAL RECREATIONAL FACILITIES. Buildings designed for or occupied by bowling alleys, health clubs, swimming pools, indoor golf, ice skating, billiards and other recreational activities operated as a commercial enterprise when approved.
   COVERAGE. The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
   DENSITY. Number of dwellings divided by acreage.
   DISTRICT. Any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform for each class or kind of building therein.
   DRINKING AND EATING ESTABLISHMENTS. Restaurants, bars, drive-in establishments where food and drinks are served together.
   DUPLEX. Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the homes or residences of two families living independently of each other and doing their own cooking in the said building; being permanently divided from each other by walls and barriers, having separate entrances, each designed to provide be used independently of the other; each having its own kitchen.
   DWELLING or HOUSEHOLD. Any building or portion thereof, which is designed or used as living quarters for one or more families.
   DWELLING, SINGLE-FAMILY. A detached dwelling designed to be occupied by one family.
   DWELLING, MULTIPLE-FAMILY. Detached buildings designed for or occupied by more than five unrelated persons by marriage or blood in one or more households and containing two or more kitchens for non-transient occupants.
   ENCLOSED STORAGE. Enclosed by walls and doors to a height of eight or more feet to effectively screen the contents from view and protect from spread of fire and vandalism.
   FAMILY. One or more persons related by blood, marriage or adoption or a group of not to exceed five persons not all related by blood or marriage, occupying a single-family dwelling, boarding or lodging house, hotel, club or similar dwelling for group use.
   FIRE WALL. Masonry wall, eight inches or more in width, continuous from foundation to roof without openings other than fire-proof doors.
   GARAGE, PRIVATE. An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.
   GARAGE, REPAIR. A building in which are provided facilities for the care, servicing, repair or equipping of automobiles.
   GASOLINE SERVICE or FILLING STATION. Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, or other automobile accessories, and incidental services including facilities for lubricating, washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or the sale of butane or propane fuels.
   GROSS AREA. Total area of block or subdivision including all streets, easements, and public land therein and one-half of the area of abutting streets and public lands.
   HOME OCCUPATION. Any use which does not change the character of the dwelling and where no article is sold or offered for sale except such as may be produced by members of the immediate family residing on premises.
   HOTEL, MOTEL, BOARDING HOUSE, LODGING HOUSE. A detached building designed or occupied by transients or by five or more unrelated persons by blood or marriage.
   KENNEL. A commercial kennel for boarding, breeding, training, renting or selling, or any other commercial use.
   LIVE/WORK UNITS. A commercial structure containing a residential use concurrent with the commercial use.
   LOT. Any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as required by this chapter and other laws or ordinances, and having its principal frontage on a street.
   LOT AREA. The total area measured on a horizontal plane, included within lot lines.
   LOT, CORNER. A lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
   LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.
   LOT, DOUBLE FRONTAGE. A lot having a frontage on two streets and not located at the intersection of the same two streets.
   LOT FRONTAGE. That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
   LOT, INTERIOR. A lot other than a corner lot.
   LOT LINES. The lines bounding a lot.
   MANUFACTURED HOME, HUD CODE. A structure constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.
   MASONRY. Masonry includes: Brick, stone, granite and marble, concrete block or other similar material constructed unit by unit and set in mortar. By definition, masonry does not include fiber cement siding or synthetic stucco.
   MOBILE HOME. A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected an site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.
   MODULAR HOME. A structure constructed of pre-made parts and unit modules wherein wall sections, roof sections, and other prefabricated house components are transported from the factory to the building site on flatbed trucks and trailers. At the building site, sections, unit modules, or factory built structures are assembled or lifted onto a site built foundation where they are permanently anchored. Modular homes may be completely fabricated in a factory, but, unlike manufactured homes they are not built on a permanent steel chassis. Modular homes shall conform to the building, plumbing and electric codes of the city.
   MEDICAL FACILITIES.
      (1)   CONVALESCENT, REST, or NURSING HOME. A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
      (2)   DENTAL CLINIC or MEDICAL CLINIC. A facility for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.
      (3)   DENTAL OFFICE or DOCTOR’S OFFICE. Same as dental or medical clinic.
      (4)   HOSPITAL. An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.
      (5)   PUBLIC HEALTH CENTER. A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.
   OPEN SPACE. A space which can be enjoyed by people. This could include landscaped plazas, grass and trees, fountains, sitting areas, and the like, and is meant to provide an open garden atmosphere. OPEN SPACE does not include parking areas, vacant or undeveloped lots or any other space which does not contribute to the quality of the environment.
   PARKING SPACE. A permanently surfaced area, enclosed or unenclosed, having an area of not less than 180 square feet which will accommodate a car, minimum width nine feet except as provided elsewhere herein.
   PAVED SURFACE or PERMANENT SURFACE. An area that is surfaced with a sealed surface pavement adequate to prevent the occurrence of mud and dust with continued use.
   PUBLIC USES. Any use controlled by the city, county, state, federal government or improvement district.
   RESIDENTIAL DISTRICT. An area consisting of land, buildings or structures primarily used, designed or intended for use as a residences, homes or living accommodations for one or more individuals.
   SIGN AREA. The gross area determined by the longest line circumscribing all parts of signs including structural supports. When the sign is on a board, background, frame, or other device, it includes such board, background, frame, or device. When the sign is placed on buildings without painted backgrounds, backboards, frames or support other than the building, the area shall not include that area not covered by the sign.
   SIGNS. Any words, lettering, parts of letters, figures, numerals, phrases, sentences, devices, designs, pictures, trade names, or trademarks by which anything is made known, such as used to designate an individual, a firm, an association, a corporation, a profession, a business, a service, or a commodity or product, or any type of publicity or propaganda, whether placed on a building, flag, wall, roof, frame support, fence or other man-made device which are visible from any public street, public highway or public road or right-of-way.
   SPECIAL EXCEPTION. Refers to uses that a zoning ordinance permits, but that are screened and specially approved by the Board of Adjustment for situational suitability. Also referred to as SPECIAL USE.
   STREET. Any public or private thoroughfare which affords the principal means of access to abutting property.
   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.
   TRAILER, HAULING. A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.
   TRAILER, TRAVEL or CAMPING and MOTOR HOME. A portable or mobile living unit used for temporary human occupancy away from the place or residence of occupants, and not constituting the principal place of residence of the occupants.
   VARIANCE. Permission to depart from the literal requirements of a zoning ordinance by virtue of unique hardship due to special circumstances regarding a person’s property.
   YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
   YARD, FRONT. A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.
   YARD, REAR. A yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
   YARD, SIDE. A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.
(Ord. 927, passed 4-12-05; Am. Ord. 1025, passed 5-10-11; Am. Ord. 1086, passed 11-15-16; Am. Ord. 1102, passed 8-14-18; Am. Ord. 1187, passed 5-26-22)

§ 154.002 PURPOSE.

   It is hereby declared to be the purpose and intent of the City Council in enacting this chapter that the zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.
(Ord. 927, passed 4-12-05)

§ 154.003 ZONING DISTRICT MAP.

   (A)   The boundaries of zoning districts set out herein are delineated upon a zoning district map of the city adopted as part of this chapter as fully as if the same were set forth herein in detail.
   (B)   All apartment complexes which were formerly zoned B-1, are now zoned R-4 to comply with the definitions of this chapter.
   (C)   One original of the zoning district map shall be filed in the office of the City Secretary. This copy shall be the official zoning district map and shall bear the signature of the Mayor and attestation of the City Secretary. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.
   (D)   An additional copy of the original zoning district map shall be placed in the office of the Building Inspector. The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments.
(Ord. 927, passed 4-12-05)

§ 154.004 ZONING DISTRICT BOUNDARIES.

   (A)   Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
   (B)   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
   (C)   Boundaries indicated as approximately following city limits shall be construed as following city limits.
   (D)   Boundaries indicated as following railroad lines shall be construed to be the established, the boundary shall be interpreted to be midway between the right-of-way lines.
(Ord. 927, passed 4-12-05)

§ 154.005 COMPLIANCE REQUIRED.

   All land, buildings, structures or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located except as hereinafter provided. Land used in meeting the requirements of this chapter with respect to a particular use or building shall not be used to meet the requirements for any other use or building.
(Ord. 927, passed 4-12-05) Penalty, see § 154.999

§ 154.006 PRESERVING RIGHTS AND CONTINUITY IN ENFORCEMENT, PENDING LITIGATION, AND VIOLATIONS UNDER CHAPTER AND AMENDMENTS THERETO.

   By the passage of Ordinance 927, codified herein, no presently illegal use or building shall be deemed to have been legalized unless such use falls within a use district where the actual use and standards under the terms of this chapter shall be conforming. Any use which does not conform to provisions of this chapter shall be a nonconforming use or structure if it legally existed as a conforming or nonconforming use or structure prior to adoption of this chapter or an illegal use if it did not exist as a conforming or nonconforming use or structure, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the previous zoning ordinance was repealed and this chapter adopted shall be discharged or affected by such repeal; but prosecutions and suits for such offense, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded within all respects as if such prior ordinance has not been repealed.
(Ord. 927, passed 4-12-05)

§ 154.007 NEWLY ANNEXED AREAS.

   (A)   All territory hereafter annexed to the city shall be temporarily classified R-1. The City Council, at its own initiative, may establish permanent zoning as soon as practicable.
   (B)   The procedure for establishing the permanent zoning on any annexed territory shall be the same as is provided by law for the amendment of the zoning ordinance.
(Ord. 927, passed 4-12-05)

§ 154.008 PERMITS AND CERTIFICATES.

   It shall be unlawful for any person, firm or corporation to commence the construction, enlargement or structural alteration of any building or structure in the city, or using or occupying the same without first applying for and securing a building permit, or to use or occupy same without first securing a certificate of occupancy and compliance from the City Secretary or such other official designated by the City Council. Application shall be made on forms furnished by the City Secretary.
(Ord. 927, passed 4-12-05) Penalty, see § 154.999

§ 154.009 ENFORCEMENT.

   The provisions of this chapter shall be administered and enforced by the City Administrator, his or her designee, or such other person as may be designated by the City Council. All applications for building permits shall be accompanied by a plat or plot plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size and location of the building to be erected, the use of the property and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the City Secretary, or such other person as may be designated by the City Council.
(Ord. 927, passed 4-12-05)