Whitesboro City Zoning Code
GENERAL PROVISIONS
§ 154.001 AUTHORITY.
This chapter is prepared under the authority of Chapter 211, 212, and 213, Tex. Local Gov’t Code. The purpose is to promote health, safety, morals, and for the protection and preservation of places and areas of historical and cultural importance and significance, or the general welfare of the community. The legislative body is empowered to regulate and restrict the height, number of stories, and size of buildings, and other structures, the percentage of lot that may be occupied, the size of the yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purpose; and, in the case of designated places and areas of historic and cultural importance, to regulate and restrict the construction, alteration, reconstruction, or razing of buildings and other structures.
(Ord. 1249, passed 8- -25)
§ 154.002 PURPOSE.
These zoning regulations are made in accordance with the spirit of the comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare, to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. These regulations are made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(Ord. 1249, passed 8- -25)
§ 154.003 ADMINISTRATION.
(A) Administration.
(1) The City Administrator is hereby designated by the City Council as the administrative official to supervise the administration and enforcement of this chapter. The City Administrator may be provided with the assistance of such other persons or consultants as the City Council may direct.
(2) If the administrative official finds that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(B) Interpretation and appeals. Unless otherwise expressly stated in this chapter, all questions of interpretation and enforcement shall be first presented to the administrative official, and such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official and recourse from the decisions of the Board of Adjustments shall be to the courts as provided by law.
(C) City Council duties. The intent of this chapter that the duties of the City Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter. Under this chapter the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law, and of establishing a schedule of fees and charges for administration of this chapter.
(Ord. 1249, passed 8- -25)
§ 154.004 DEFINITIONS.
For the purpose of this chapter, certain terms and words are defined and shall have the meanings ascribed in this section unless it is apparent from the context that different meanings are intended.
ACCESSORY BUILDING or USE. A building or use which:
(1) Is subordinate to and serves a principal building or principal use;
(2) Is subordinate in area, extent, or purpose to the principal building or principal use served and is not physically connected to the principal building;
(3) Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and
(4) Is located on the same building lot as the principal use served. If connected to the principal building, a structure becomes part of the principal building.
ADMINISTRATIVE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this chapter, or his or her duly authorized representative.
ALLEY. A public minor way, which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.
APARTMENT. A room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.
BASEMENT. A building story that is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.
BLOCK. That property abutting on one side of the street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards.
BUILDING HEIGHT. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUILDING LINE. A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.
BUILDING OFFICIAL. See ADMINISTRATIVE OFFICIAL.
CERTIFICATE OF OCCUPANCY. An official certificate issued by the building inspector which indicates conformance with or approved conditional waiver from the zoning regulations and authorized legal use of the premises for which it is issued.
CLUB. A nonprofit association of persons who are bona-fide members, paying regular dues and are organized for a common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
CLUB, PRIVATE (CLASS I). An establishment or enterprise wherein activities are carried on by or for a group or association of dues-paying members organized for some common purpose.
CLUB, PRIVATE (CLASS II). A club as defined above, except such establishments shall have been issued an alcoholic beverage permit by the Texas Alcoholic Beverage Commission.
CONDITIONAL USE. Any building, structure, and use which complies with the applicable regulations and standards governing conditional uses of the zoning district in which such building, structure, and use is located and for which a permit is granted.
COURT. An open, unoccupied space on the same lot with a building and bounded on two sides by such building, or the open space provided for access to a dwelling group.
DISPLAY SIGN. A structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including a sign, billboard and advertising device of any kind.
DISTRICT. A portion of the territory of the city within which certain uniform regulations and requirements, or various combinations thereof apply under the provisions of this chapter. The term RESIDENTIAL DISTRICT means any SF-60, SF-TH, MH, TF, or MF district; the term COMMERCIAL DISTRICT means any C-1, C-2 district.
DWELLING UNIT. A room or a group of rooms including cooking accommodations, occupied by one family, and in which not more than two persons, other than members of the family, are lodged or boarded for compensation at any one time.
DWELLING UNIT, SINGLE- FAMILY, DETACHED. Located on a lot or separate building tract and having no physical connection to a building on any other lot.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or by governmental departments or commissions of such underground or overhead gas, electrical, steam, or water transmission distribution steam, [sic] or water systems and structures, collection, communication, supply or disposal systems and structures, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, streetlights, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, but not including buildings or microwave radio relay structures, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commissions or as are required for protection of the public health, safety, or general welfare. For the purpose of this definition, the word BUILDING does not include STRUCTURES for essential services.
FAMILY. One or more persons, related by blood, marriage or adoption, occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boardinghouse, club, dormitory, fraternity or sorority house.
FARM. An area of two acres or more which is used for the growing of usual farm products such as vegetables, fruit, trees and grain and storage on the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine, including dairy farms with necessary accessory uses and for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding of offal or garbage to swine or other animals.
FLOODPLAIN. The land adjoining the channel of a river, stream, or watercourse that has been or may be covered by floodwater. Any land covered by the water of a 100-year frequency storm is considered in the floodplain and must comply with the engineering criteria found in the subdivision regulations and other relevant regulations of the city.
FOOD-BEVERAGE STORE. An establishment engaged in the retail sale of food or beverages–of any kind whatsoever–for off-premises consumption. This definition does not include restaurants that derive at least 90% of gross revenues from sale of food and beverages for on-premises consumption.
FRONTAGE. All the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one street, the Planning and Zoning Commission shall determine the frontage for purposes of this chapter.
FRONT YARD. An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual or eave overhang.
GARAGE, PUBLIC. A building or portion of a building, except that herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire, in which any sale of gasoline, oil, and accessories is only incidental to the principal use.
GRADE. When used as a reference point in measuring height of a building the GRADE shall be the average elevation of the finished ground at the exterior walls of the main building.
GREENBELT. A piece of land, normally relatively narrow in comparison to its length, reserved to provide for both passive and active recreation, to function as a corridor connecting park areas, to serve as a buffer between various land uses, or to provide for open space. A greenbelt frequently utilizes floodplains along creeks and is often left in its natural state.
GROSS FLOOR AREA. The living area of a building including the walls thereof but excluding all porches, open breezeways and garages.
HEIGHT OF BUILDING. The vertical distance from the grade to the highest point of the opening coping of a flat roof or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and elevation of the ridges, for gable, hip and gambrel roofs.
HOME OCCUPATION. An occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a RESIDENTIAL DWELLING as hereinafter defined, subject to compliance with each of the following conditions:
(1) Residential dwelling shall mean a detached building designed, used and occupied exclusively by members of one family as a residence.
(2) No person other than members of a family who reside in the residential dwelling shall be engaged in such occupation, profession, domestic craft or economic enterprise.
(3) Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft, or economic enterprise shall never exceed 25% of the total of the floor area of the residential dwelling.
(4) Not more than one non-illuminated sign advertising the home occupation shall be allowed; said sign shall be not more than one square foot in area and shall be mounted on the building in which the home occupation is being conducted.
(5) The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.
(6) No exterior storage of material, equipment, and/or supplies used in conjunction with such occupation, profession, domestic craft, or enterprise shall be placed, permitted, or allowed on the premises occupied by the residential dwelling.
(7) No offensive noise, vibration, smoke, dust, odors, heat, or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.
(8) The occupation, profession, domestic craft, or enterprise shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.
(9) The only equipment to be used in such occupation, profession, domestic craft, or enterprise shall be that which is ordinarily used in a private home in a like amount and kind.
(10) A home occupation shall not generate such additional traffic as to create a traffic hazard or disturbance to nearby residents.
HOSPITAL. A public or private, profit or nonprofit institution for the reception and treatment of the physically or mentally handicapped, sick or injured, and shall be distinguished by in-patient facilities. A hospital may also be an institutional sanctuary for the reception of the aged, or for the physically or mentally ill, retarded, infirm, or deficient. Permitted accessory uses shall include medical and psychiatric clinics, doctors' offices, sale of medical and surgical specialties and supplies, crutches, artificial members and appliances, training in the use of artificial members and appliances, patient and outpatient services, pharmacies and similar uses; provided, however, that any such accessory use is so use-wise related to the principal use as to be in fact an integral part of the total purpose and is incorporated within the same building or building complex; and provided further, that the floor area occupied by all accessory uses does not exceed 1/3 of the total floor area. Whether or not a questionable use is similar, or an "integral" part of the total purpose shall be subject to determination by the City Council. Hospital-related X-ray and laboratory facilities shall not be considered accessory uses in computation or area occupancy.
INDUSTRY. The storage, repair, manufacture, preparation or treatment of any chapter, substance or commodity.
LAND USE PLAN. The long-range plan for the desirable use of land in the city as officially adopted and as amended from time to time by the City Council, the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdivision and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools and public buildings.
LOADING SPACE. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT. The entire parcel of land occupied or to be occupied by a main building and its accessory buildings, or by a group such as a dwelling group or automobile court and their accessory buildings, including the yards and open spaces required therefor by this chapter and other applicable law.
LOT, CORNER. A lot abutting on two intercepting or intersecting streets where the interior angle of intersection or interception does not exceed 135°.
LOT COVERAGE. The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.
LOT DEPTH. The average depth from the front line of the lot to the rear line of the lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The property lines bounding the lot as defined herein.
LOT OF RECORD. A lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Grayson County, or a parcel of land, the deed for which was recorded in the office of the County Clerk, Grayson County, prior to January 1, 1986.
LOT, THROUGH. A lot having its front and rear on different streets or having its front or rear line on a street and the other line on a river, lake, creek or other permanent body of water.
LOT WIDTH. The width measured at a distance back from the front line equal to the minimum depth required for a front yard.
MAIN BUILDING. A building in which is conducted the principal use of the lot on which it is situated.
MASONRY. Brick, tile, stone, glass block, or split face concrete block, but excludes cement fiber or other similar veneer material.
NONCONFORMING USE. The definition set forth in § 154.055(A) of this chapter.
OPEN SPACE. That part of any lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles or drives or approaches to and from parking areas. Floodplains, or 50% of any standing surface water, may be considered as open space, provided such open space is contiguous and part of the platted lot and is maintained and utilized in the same manner and to the same degree as all other open space areas as is designated on the site plan as filed with the building permit application.
PARKING AREA, PRIVATE. A permanently surfaced open area for the same uses as a private garage.
PARKING AREA, PUBLIC. A permanently surfaced open area, other than street, or other public way, used for parking of automobiles and available to the public for a fee, free, or as an accommodation for clients or customers.
PARKING SPACE. A permanently surfaced area not less than 180 square feet (measured approximately nine feet by 20 feet) either within a structure or in the open, not on public right-of-way, exclusive of driveways or access drives, for the parking of one vehicle.
PLANNED DEVELOPMENT.
(1) Land under unified control, including developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and buildings; for principal and accessory structures and uses substantially related to the character of the district; according to comprehensive and detailed plans which include not only streets, utilities, and lots or building sites, but also site plans, floor plans, and elevations of all buildings as intended be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated, or maintained at general public expense.
(2) Both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the district and areas without the district.
REAR YARD. The required rear yard is an open space unoccupied and unobstructed except for accessory uses extending across the rear of a lot from one side lot line to the other side lot line, the depth of which is dependent upon the zoning district in which the lot is located.
RECREATIONAL VEHICLE. A vehicular, portable structure that can be transported over the highways and containing living or sleeping accommodations, such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes and not exceeding eight feet in width and not exceeding 22 feet in length.
SCREENING ELEMENT (DEVICE). A barrier of permanent material of sufficient height and density so that the objects being screened are not visible from any point on the lot line when viewed from any height between ground level and seven feet above ground level and shall mean any of the following:
(1) Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood or base which supports a permanent type of material, the vertical surface of which is not more than 30% open;
(2) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or
(3) Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge, or other dense planting material.
SPECIFIED ANATOMICAL AREA. Less than opaquely covered human genitals, pubic region, or pubic hair; or less than opaquely covered perineum, buttock, or anus; or less than opaquely covered female breast below a point immediately above the top or the areola.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a discernible state of sexual stimulation or arousal; or acts or representations of human masturbation, sexual intercourse, sodomy, bestiality, excretory functions, sadism, masochism, lewd exhibition of genitals; or fondling or other erotic touching of human genitals, pubic region or pubic hair, perineum, buttock or anus, or female breast.
STORY. That portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven feet.
STORY, HALF. The topmost story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET. A public or private thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL ALTERATION. Any change, addition, or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters, or trusses.
SUBSTANTIALLY CONFORMING SITE PLAN. A minor amendment to existing site plans.
THOROUGHFARE. An officially designated federal or state numbered highway or county or another road or street designated as a primary thoroughfare on the official thoroughfare plan of the city.
THOROUGHFARE PLAN. The official thoroughfare plan of the city adopted by the City Council establishing the location and official right-of-way width of principal highways and streets in the city, together with all amendments thereto subsequently adopted.
TRAILER. (Including automobile trailer and trailer coach.) Any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation or use as a selling, or advertising device, or use for storage or conveyance of tools, equipment, and machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
TRAILER PARK. Any lot or part thereof or any parcel of land which is used or offered as a location for one or more trailers.
USE. The purpose for which land, or a building or structure thereon is designed, arranged intended or maintained or for which it is or may be used or occupied. This definition does not alter or affect the definition of nonconforming use as set forth in § 154.055(A) of this chapter.
USE, ACCESSORY. A subordinate use on the same lot with the principal use and incidental and accessory thereto.
USED CAR LOT. A lot or tract of land used for the sale or display for sale of two or more previously owned motor vehicles including but not limited to passenger automobiles, motorcycles, trucks, dune buggies and other types of motor vehicles designed for use upon the public roads or for pleasure off public roads but not including farm implements, mobile homes, campers and recreational vehicles, or construction equipment such as cranes, bulldozers and related equipment and trucks over one ton capacity.
YARD. An open space, other than a court, on the same lot with a building.
YARD, FRONT. A yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main buildings including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.
YARD, REAR. A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.
YARD, SIDE. A yard between the side line of the lot and the main building extending from the front yard to the rear yard and leaving a width equal to the shortest distance between said side line and the main building.
ZONING MAP. The official zoning map of the city together with all amendments subsequently adopted.
(Ord. 1249, passed 8- -25)
§ 154.005 GENERAL PROVISIONS.
(A) Establishment of districts. For the purpose of this chapter, the city is hereby divided into districts as follows:
AG | Agricultural District |
SF-60 | Single-Family Residential District - 60 |
SF-70 | Single-Family Residential District - 70 |
SF-80 | Single-Family Residential District - 80 |
SF-TH | Single-Family Residential District - Townhomes |
MH-1 | Manufactured Home District |
MH-2 | Manufactured Home Park District |
TF | Two-Family Residential |
MF-1 | Multiple-Family Residential - Low Density |
MF-2 | Multiple-Family Residential - High Density |
C-1 | Restricted Commercial |
C-2 | General Commercial |
CBRD | Central Business Redevelopment District |
I-1 | Light Industrial District |
PD | Planned Development District |
(B) Floodplain designation overlay.
(1) Notwithstanding the foregoing, there shall be a district known as a "FP" Floodplain District which may be coextensive with or overlap any or all of the foregoing districts or portions thereof and any tract of land or portion thereof may, at the same time, be zoned for the uses in one of the foregoing districts and be zoned "FP" Floodplain.
(2) Where a tract of land or portion thereof is zoned for the uses of one of the foregoing districts and is also zoned "FP" Floodplain, the restrictions contained in the "FP" Floodplain District shall be applicable to said tract or portion thereof and shall take precedence over regulations of the other zoning districts.
(C) Official zoning map. The city is hereby divided into zones, or districts, as shown on the official zoning map, which together with all explanatory matter thereon, is in existence and is hereby adopted and declared to be a part of this article.
(D) Map certified. The official zoning map shall be identified by the signature of the Mayor, attested by the City Clerk and bearing the seal of the city under the following words: "This is to certify that this is the official Zoning Map adopted as part of Ordinance No. xxxxxxxx of the City of Whitesboro."
(E) Location of map. The official zoning map shall be in the custody of and shall remain on file in the office of the city secretary.
(F) Public inspection of map. The official zoning map shall be available for the public inspection for all matters that are of public record.
(G) Amendment of official zoning map. When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council.
(H) Official zoning map replacement. The City Council may by ordinance adopt a new official zoning map should the original reproducible tracing of the official zoning map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor attested by the City Clerk and bearing the seal of the city under the following words: "This is to certify that this official Zoning Map supersedes and replaces the official Zoning Map adopted April 12, 2005, as a part of the Zoning Ordinance of the City of Whitesboro."
(I) Interpretation.
(1) When the district boundaries are either roads or streets, unless otherwise shown, and where the designation of the district map indicates that the various districts are bounded by a road or street line, the centerline of such road or street shall be construed to be the district boundary line.
(2) Where the district boundaries are not otherwise indicated and where property has been subdivided into lots and blocks, the subdivision boundaries shall be construed to be the boundary of the district.
(3) Where the district boundaries are not otherwise indicated for unsubdivided property, the district boundaries are property lines.
(4) Where district boundaries are disputed or not otherwise clearly designated, or where the physical or structural features are at variance with the official zoning map or in other circumstances not covered in this chapter, the City Council shall interpret the district boundaries.
(J) Rules for words and phrases. For the purposes of this chapter, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word SHALL is mandatory, not directory; the word MAY is permissive; the word PERSON includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word USED includes designed and intended or arranged to be used; the word BUILDING includes the word STRUCTURE; the word LOT includes BUILDING LOT or parcel. Wherever this chapter imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this article shall govern.
(K) Compliance with regulations. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, except as hereinafter provided.
(1) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, repaired, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(2) No building or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, or to occupy a greater percentage of lot area than that specified for the district in which it is located.
(3) No building or other structure shall have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required or in any other manner contrary to the provisions of this chapter.
(4) No part of a yard, other open space, off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as a part of a yard, open space, off-street parking, or loading space similarly required for any other building.
(L) Structures to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
(M) Visibility at intersections. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to interfere with traffic visibility across the corner. This visibility area shall be a triangle of 25' x 25'. All objects on the ground in said triangle should not exceed 30 inches (2-1/2 feet) in height and objects hanging over this area should not droop to less than 10' above the ground.
(Ord. 1249, passed 8- -25)
§ 154.006 ANNEXED TERRITORY.
(A) Annexed territory to be zoned SF-60. All territory hereafter annexed to the city shall be temporarily classified as SF-60 Single-Family Residential - Large Lot District until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations.
(B) Regulations for temporary SF-60 districts. In an area temporarily classified as SF-60:
(1) No person shall erect, construct or add to any building or structure or cause same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official or City Council as required herein.
(2) No permit for the construction of a building or use of land shall be issued other than a permit which will allow construction of a building permitted in SF-60 districts unless and until such territory has been classified in a zoning district other than a Single-Family Residential - Large Lot District.
(3) An application for a permit for any use other than that specified above shall be made to the zoning administrative official and by him or her referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission in making its recommendation shall take into consideration the appropriate land use for the area and the overall plans for the city. The City Council, after receiving and reviewing the recommendations of the Planning and Zoning Commission may, by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application as their findings may indicate appropriate in the public interest.
(C) Concurrent rezoning and annexation. Application(s) for permanent zoning of a newly annexed area may be considered by the city at the same time as the area is being considered for annexation, although annexation procedures must be completed prior to any final zoning actions by the City Council.
(Ord. 1249, passed 8- -25)
§ 154.007 CLASSIFICATION OF NEW AND UNLISTED USES.
(A) In the future new types of land use will develop, and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1) The zoning administrative official shall refer the question of any new or unlisted use to the Planning and Zoning Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
(2) The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and after public hearing determine the zoning district or districts within which such use should be permitted.
(3) The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for and new or unlisted use. The City Council may approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate after giving consideration to the districts and recommendations.
(Ord. 1249, passed 8- -25)
