Whitesboro City Zoning Code
DISTRICTS
§ 154.020 NUMBER OF DISTRICTS.
For the purpose of this chapter, the following districts are hereby established for the city:
(A) Residential districts:
(1) R-1 Residential District.
(2) R-2 Residential District.
(3) R-3 Residential District.
(4) R-4 Residential District.
(5) R-5 Residential District.
(B) Commercial districts:
(1) B Business District.
(2) DT Downtown Business District.
(C) Industrial districts: I Industrial District.
(D) Special districts: Special Use District.
(Ord. 927, passed 4-12-05; Am. Ord. 1200, passed 11-1-22)
§ 154.021 GENERAL APPLICATION.
(A) Except as hereinafter provided:
(1) No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose or in any manner other than is included among the uses hereinafter listed as permitted in the district in which such building, land or premises is located.
(2) No sign shall be erected, moved, altered, added to, enlarged, painted or modified except in conformity to the sign regulation.
(3) No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations hereinafter designated for the district in which such building or open space is located.
(4) No yard or other open space provided about any building for the purpose of complying with provisions of this chapter shall be considered as providing a yard or open space for a building on any other lots.
(B) The regulations contained herein are not retroactive and apply only to buildings and uses established after the effective date of this chapter.
(C) The provisions of this chapter shall not apply to farm, ranch and forestry dwellings, buildings or agricultural uses located, or to be located, on a tract of five or more acres in size.
(Ord. 927, passed 4-12-05) Penalty, see § 154.999
§ 154.022 R-1 RESIDENTIAL DISTRICT.
(A) General description. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from the encroachment of uses which are not appropriate to residential environment.
(B) Uses permitted. In the R-1 Residential District, no building or land shall be used and no building shall be hereinafter erected, converted or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
(1) Single-family buildings and accessory uses thereto;
(2) Public and private parks, libraries, schools, nurseries, public uses, accessory uses thereto;
(3) Churches and accessory uses thereto;
(4) Identification signs; and
(5) Home occupations subject to the following conditions:
(a) The home occupation is conducted entirely within a dwelling unit which is the bona fide residence of the practitioner(s) or entirely within only one accessory building (not to include a driveway, yard or outside area).
(b) No person, not a family member who resides in the dwelling unit, may participate in the home occupation on the premises.
(c) The lot and the dwelling maintain their residential character. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation. No additional buildings shall be added on the property to accommodate the home occupation.
(d) The home occupation does not generate customer-related vehicular traffic in excess of two vehicles at any one time and a total of five vehicles per 24-hour day in the residential neighborhood.
(e) No equipment or materials associated with the home occupation are displayed or stored where visible from anywhere off the premises.
(f) The occupation produces no external noise, vibration, smoke, dust, odor, heat, electrical interference or waste runoff outside the dwelling unit or on the property surrounding the dwelling unit.
(C) Building regulations.
(1) In the R-1 Residential District no residence shall be constructed with habitable building area of less than 1,100 square feet.
(2) No building shall be constructed unless paved areas on the lot on which the building is placed, either covered or uncovered or enclosed or otherwise, is a minimum of 800 square feet.
(3) No building shall be constructed on a lot which does not make provisions for space for the above uses plus an area equal to twice the area of the building for playgrounds, gardens, landscaping and patios, nor shall a residence be constructed on land where the density of the block, plot or subdivision exceeds five dwellings per gross acre.
(D) Area regulations.
(1) In the R-1 Residential District lots shall have a minimum width adjacent to the street of 75 feet. Corner lots in residential subdivisions shall be five feet wider than inside lots so as to allow the required set-back from both streets.
(2) In the R-1 Residential District no dwelling shall be constructed closer than 25 feet from the front lot line; 25 feet from the back lot line; and no closer than five feet from the side lines, except on a corner lot, then no building shall be constructed closer than ten feet from said lot lines adjoining said street.
(3) Unattached buildings of accessory use may be located in the rear yard of a main building no closer than five feet from the side lot lines and no closer than five feet from the back lot line.
(E) Sign regulations. In the R-1 Residential District, no permanent sign shall be constructed larger than two square feet in area with the exception of a church bulletin board or sign, not exceeding 32 square feet in area, located on the same lot with the church building. No temporary sign shall be constructed larger than four square feet in area. No sign shall be lighted or animated, or fluorescent, or phosphorescent except traffic signs, street signs and house numbers may be lighted, fluorescent, or phosphorescent provided the colors are not red, amber or flashing. The maximum height to the top of signs shall be six feet. No sign shall be placed on the ground, rocks, trees, tree stump or other natural objects.
(Ord. 927, passed 4-12-05; Am. Ord. 1168, passed 3-9-21; Am. Ord. 1184, passed 1-11-22; Am. Ord. 1187, passed 5-26-22) Penalty, see § 154.999
§ 154.023 R-2 RESIDENTIAL DISTRICT.
(A) General description. The principal use of land is for higher density single-family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from the encroachment of uses which are not appropriate to residential environment.
(B) Permitted uses. In the R-2 Residential District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
(1) Single-Family Residential dwellings and accessory uses thereto;
(2) Home occupations;
(3) Professional buildings and accessory uses where services are sold and no product nor article is sold or offered. Such services may include architects, engineers, realtors, accountants, lawyers, artists, veterinarians, physicians, morticians and others as approved;
(4) Pharmacies, clinics, hospitals, churches, public and private schools, funeral homes, parks, playgrounds, libraries, nurseries, public uses and accessory uses thereto; and
(5) Identification signs.
(C) Building regulations.
(1) In the R-2 Residential District no building shall be constructed with a habitable building area of less than 1,000 square feet.
(2) No building shall be constructed unless paved areas on the lot on which the building is placed, either covered or uncovered or enclosed or otherwise, is a minimum of 800 square feet.
(3) No building shall be constructed unless an area, equal to the area of habitable buildings, is provided for playgrounds, gardens, landscaping and patios.
(D) Area regulations.
(1) In the R-2 Residential District lots shall have a minimum width adjacent to the street of 60 feet. Corner lots in residential subdivisions shall be five feet wider than inside lots so as to allow the required set-back from both streets.
(2) In the R-2 Residential District no dwelling shall be constructed closer than 25 feet from the front lot line; 25 feet from the back lot line; and no closer than five feet from the side lines, except on a corner lot, then no building shall be constructed closer than ten feet from said lot lines adjoining said street.
(3) Unattached buildings of accessory use may be located in the rear yard of a main building no closer than five feet from the side lot lines and no closer than five feet from the back lot line.
(E) Sign regulations. No sign shall be erected larger than four square feet in area and no sign shall be animated, or lighted with red, amber or flashing lights. The maximum height to the top of signs shall be six feet. No sign shall be placed on the ground, rocks, trees, tree stump or other natural objects.
(Ord. 927, passed 4-12-05; Am. Ord. 1168, passed 3-9-21; Am. Ord. 1184, passed 1-11-22; Am. Ord. 1187, passed 5-26-22) Penalty, see § 154.999
§ 154.024 R-3 RESIDENTIAL DISTRICT.
(A) General description. The principal use of land is for high density residential dwellings, manufactured homes, public facilities, accessory uses and other uses necessary to ensure the healthy and orderly development of the district.
(B) Permitted uses. In the R-3 Residential District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
(1) Residential dwellings and accessory uses thereto;
(2) Professional buildings, offices where services are sold including architects, engineers, lawyers, accountants, artists, veterinarians, physicians, realtors, and others as approved;
(3) Pharmacies, clinics, hospitals, churches, public and private schools, parks, playgrounds, libraries, nurseries, public uses and accessory uses thereto;
(4) Manufactured homes and accessory uses thereto; and
(5) Identification signs.
(C) Building regulations.
(1) In the R-3 Residential District, no building shall be constructed with a habitable building area of less than 800 square feet.
(2) No building shall be constructed or moved into the district unless paved areas on the lot on which the building is placed, either covered or uncovered or enclosed or otherwise, is a minimum of 600 square feet.
(3) No building shall be constructed or moved into the district unless an area equal to the area of the habitable building shall have been provided for playgrounds, gardens, landscaping and patios.
(D) Manufactured homes (special use permit required).
(1) All manufactured homes shall:
(a) Be less than ten years old; any used manufactured homes must be inspected before allowed within the city limits.
(b) Be connected to city water and sewer services.
(c) Have axle and hitch assembly removed at the time of placement on the foundation.
(d) Be totally skirted with metal, masonry, pressure treated wood, or other nondegradable material which is compatible with the design and exterior materials of the primary structure
(e) Have the frame supported by, and tied to, a foundation system capable of safely supporting the structure. A tie down and anchoring system separate and apart from the foundation ties shall be provided as recommended by the manufacturer, if different from the foundation ties.
(f) Have electrical power supply made from a meter installation on the structure, or from a permanent pedestal.
(2) Living area additions are permitted, provided they meet the minimum building setback requirements, have roof and siding material that is compatible with the primary structure and comply with the same structural standards as required of the primary structure.
(3) Patio and porch covers are permitted provided they cover an improved patio, deck, or porch and meet the minimum building setback requirements.
(E) Area regulations.
(1) In the R-3 Residential District lots shall have a minimum width adjacent to the street of 50 feet for single-family and 40 feet for manufactured homes. Corner lots in residential subdivisions shall be five feet wider than inside lots so as to allow the required set-back from both streets.
(2) In the R-3 Residential District, no dwelling shall be constructed closer than 25 feet from the front lot line; 25 feet from the back lot line; and no closer than five feet from the side lines, except on a corner lot; then, no building shall be constructed closer than ten feet from said lot lines adjoining said street.
(3) Unattached buildings of accessory use may be located in the rear yard of a main building no closer than five feet from the side lot lines and no closer than five feet from the back lot line.
(F) Sign regulations. No signs shall be constructed larger than four square feet, nor mounted with the top higher than six feet, nor lighted with red, amber or flashing lights. No sign shall be placed on the ground, rocks, trees, tree stump or other natural objects.
(Ord. 927, passed 4-12-05; Am. Ord. 1168, passed 3-9-21; Am. Ord. 1184, passed 1-11-22; Am. Ord. 1187, passed 5-26-22; Am. Ord. 1200, passed 11-1-22) Penalty, see § 154.999
§ 154.025 R-4 RESIDENTIAL DISTRICT.
(A) General description. The principal use of land is for high density residential dwellings, multi- family dwellings, apartments, public facilities, accessory uses and other uses necessary to ensure the healthy and orderly development of the district.
(B) Permitted uses. In the R-4 Residential District, no building or land shall be used and no building shall be hereinafter erected, converted or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
(1) Multi-family dwellings and apartments, and accessory uses thereto;
(2) Public and private parks and playgrounds;
(3) Public and private schools, libraries, and nurseries, nursery being defined as a place where children are temporarily cared for in their parents’ absence; public uses, and churches; and
(4) Identification signs.
(C) Building regulations.
(1) In the R-4 Residential district, no building shall be constructed with a habitable building area of less than 800 square feet.
(2) No building shall be constructed or moved into the district unless paved areas on the lot on which the building is placed shall have been provided for parking of two and one-half spaces per unit.
(3) No building shall be constructed or moved into the district unless an area equal to one- fourth of the habitable building area shall have been provided for playgrounds, gardens, landscaping and patios with the placing of privacy fences to separate the adjoining land owners and apartment dwellers.
(D) Area regulations.
(1) In the R-4 Residential District lots shall have a minimum width adjacent to the street of 50 feet. Corner lots in R-4 residential subdivisions shall be five feet wider than inside lots so as to allow the required set-back from both streets.
(2) In the R-4 Residential District, no dwelling shall be constructed closer than 25 feet from the front lot line; 25 feet from the back lot line; and no closer than five feet from the side lines, except on a corner lot, then no building shall be constructed closer than ten feet from said lot lines adjoining said street.
(2) Unattached buildings of accessory use may be located in the rear yard of a main building no closer than five feet from the side lot lines and no closer than five feet from the back lot line.
(E) Sign regulations. Identification signs shall be restricted to a maximum of four square feet in area with a maximum height to the top of the sign shall be six feet. No sign shall be animated or lighted with red, amber or other colored flashing lights.
COMPARISON CHART OF RESIDENTIAL DISTRICTS
Zoning District | Uses Allowed | Minimum Off-Street Parking | Minimum Building Area | Yard Area |
R-1 | Single-family dwellings; public and private parks; libraries; schools; nurseries; public uses; churches; home occupations and accessory uses | 800 square feet minimum | Not less than 1,100 square feet | Twice area of building |
R-2 | Residential dwellings; professional buildings where services are sold and no product or article is sold or offered for sale; pharmacies; clinics; hospitals; churches; public and private schools; parks; playgrounds; libraries; public uses | 800 square feet minimum | Not less than 1,000 square feet | Equal to area of habitable building |
R-3 | Uses same as R-2 with addition of manufactured homes and duplexes | 600 square feet minimum per dwelling unit | 800 square feet | Equal to area of habitable building |
R-4 | Uses same as R-2 with addition of multi-family dwellings and apartments | 2.5 spaces minimum per dwelling unit | Not less than 800 square feet | Equal to one- fourth the habitable building |
R-5 | Residential duplexes, townhomes, apartment building, and public and private schools, libraries, and nurseries, nursery being defined as a place where children are temporarily cared for in their parents’ absence; public uses, and churches | 2.5 spaces per unit for apartments 600 square feet minimum per duplex dwelling unit 800 square feet minimum per townhome unit For all other uses parking must comply with the B Business District requirements | Not less than 1100 square feet | Equal to one- fourth the habitable building for townhomes & apartment building Equal to area of habitable building Residential duplexes For all other uses yard area must comply with the B Business District requirements |
(Ord. 927, passed 4-12-05; Am. Ord. 1168, passed 3-9-21; Am. Ord. 1187, passed 5-26-22; Am. Ord. 1200, passed 11-1-22) Penalty, see § 154.999
§ 154.026 B BUSINESS DISTRICT.
(A) General description. This commercial business district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.
(B) Permitted uses. In the B Business District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
(1) Retail and wholesale sales when such sales are made or offered within the enclosure of buildings. Exceptions will be allowed to enclosure requirement when such sale is conducted by more than 50% of the commercial establishments in the district;
(2) Professional services, personal services, hospitals, clinics, funeral homes and pharmacies;
(3) Offices;
(4) Enclosed storage not involving flammable liquids or gasses;
(5) Auto and equipment repair and storage when enclosed;
(6) Public and private parking;
(7) Assembly uses;
(8) Churches, schools, parks, nurseries, nursing homes, public buildings and public uses;
(9) Private clubs no closer than 500 feet from another club or church;
(10) Newspaper plants and printing plants;
(11) Food manufacturing and processing not involving animals or animal processing;
(12) Multi-family dwellings, apartments, hotels, motels, boarding houses and lodging houses;
(13) Furniture manufacture and repair;
(14) Signs;
(15) Restaurants, cafes, coffee shops;
(16) Drive-in services;
(17) Commercial recreational facilities;
(18) Drinking and eating establishments;
(19) Live/work units (special use permit required;
(20) RV Parks (SUP required);
(21) Morticians; and
(22) Accessory uses to the above uses.
(C) Building regulations.
(1) In the B Business District, no building shall be constructed unless a paved area or areas are provided either covered or uncovered or enclosed or unenclosed or otherwise equal in area to items listed below in this section agreed for parking of vehicles within 600 feet of the lot upon which the building is placed.
(a) General. Off-street parking shall be provided in compliance with this chapter where any building is erected, altered, enlarged, converted or increased in size or capacity.
(b) Parking space requirements. Parking spaces shall be in accordance with divisions (b)1. through (b)4. below.
1. Required number. The off-street parking spaces required for each use permitted by this code shall be not less than that found in Table b.1 provided that any fractional parking space be computed as a whole space.
Table b.1
USE | NUMBER OF PARKING SPACES REQUIRED |
USE | NUMBER OF PARKING SPACES REQUIRED |
Assembly | 1 per 300 gross square feet of Building Area |
Health Club | 1 per 100 gross square feet of Building Area |
Hotel / Motel | 1 per sleeping unit plus 1 per 500 square feet of common area |
Industry | 1 per 500 gross square feet of Building Area |
Medical Office | 1 per 200 gross square feet of Building Area |
Office | 1 per 300 gross square feet of Building Area |
Restaurant | 1 per 100 gross square feet of Building Area |
Retail | 1 per 200 gross square feet of Building Area |
School | 1 per 3.5 seats in assembly rooms plus 1 per faculty member |
Warehouse | 1 per 500 gross square feet of Building Area |
2. Combination of uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use.
3. Location of lot. The parking spaces required by this code shall be provided on the same lot as the use or where the exclusive use of such is permitted on another lot not more than 500 feet (152 m) radially from the subject lot within the same or less-restrictive zoning district.
4. Accessible spaces. Accessible parking spaces and passenger loading zones shall be provided in accordance with the building code and the Texas Accessibility Standards (TAS). Passenger loading zones shall be designed and constructed in accordance with the Texas Accessibility Standards (TAS).
(c) Parking stall dimension. Parking stall dimensions shall be in accordance with divisions (c)1. and (c)2. below.
1. Width. A minimum width of nine feet (2743 mm) shall be provided for each parking stall.
Exceptions:
a. Compact parking stalls shall be not less than eight feet (2438 mm) wide.
b. Parallel parking stalls shall be not less than eight feet (2438 mm) wide.
c. The width of a parking stall shall be increased ten inches (254 mm) for obstructions located on either side of the stall within 14 feet (4267 mm) of the access aisle.
d. Accessible parking spaces shall be designed in accordance with Texas Accessibility Standards (TAS).
2. Length. A minimum length of 20 feet (6096 mm) shall be provided for each parking stall.
Exceptions:
a. Compact parking stalls shall be not less than 18 feet (5486 mm) in length.
b. Parallel parking stalls shall be not less than 22 feet (6706 mm) in length.
(d) Design of parking facilities. The design of parking facilities shall be in accordance with divisions (d)1. through (d)7. below.
1. Driveway width. Every parking facility shall be provided with one or more access driveways, the width of which shall be the following:
a. Private driveways not less than nine feet (2743 mm).
b. Commercial driveways:
i. Twelve feet (3658 mm) for one-way enter/ exit.
ii. Twenty-four feet (7315 mm) for two-way enter/exit.
2. Driveway and ramp slopes. The maximum slope of any driveway or ramp shall not exceed 20%. Transition slopes in driveways and ramps shall be provided in accordance with the standards set by the code official and the jurisdiction’s engineer.
3. Stall access. Each required parking stall shall be individually and easily accessed. Automobiles shall not be required to back onto any public street or sidewalk to leave any parking stall where such stalls serve more than two dwelling units or other than residential uses. Portions of a public lot or garage shall be accessible to other portions thereof without requiring the use of any public street.
4. Compact-to-standard stall ratio. The maximum ratio of compact stalls to standard stalls in any parking area shall not exceed one compact stall to two standard stalls.
5. Striping. Parking stalls shall be striped.
Exception: A private garage or parking area for the exclusive use of a single-family dwelling.
6. Lighting. Lights illuminating a parking area shall be designed and located so as to reflect away from any street and adjacent property.
(2) All exterior walls of buildings shall be fire resistant construction.
(3) All new buildings erected or constructed and renovations or additions to existing buildings shall conform to this section upon any modifications to the façade or expansion of the building. A minimum of 100% of a building's total facade visible from the street shall utilize materials allowed by right or Special Use Permit.
(a) Allowed by right. Masonry and glass.
(b) Allowed by Special Use Permit. Materials or technologies not addressed or contemplated by these regulations may also be allowed by Special Use Permit, if such materials are consistent with the visual nature and quality of the masonry materials permitted herein. Additionally, franchise businesses with an established theme that has not been deviated from in any other jurisdiction may apply for a Special Use Permit to use a material not permitted in this section.
(c) Trim materials. Architectural metal, EIFS (exterior insulation and finish systems), wood, cementious fiberboard may be utilized for window and door trim, fascia, or soffit. EIFS may be used as a trim material but shall not be used within six feet of the ground.
(d) Bright or fluorescent colors shall not be permitted on any building material without Special Use Permit.
(e) All facades of an individual building, multiple buildings in a shopping center, or integrated business development shall have architectural design, color, and materials that are compatible or consistent with an overall theme.
(4) Masonry. Masonry includes: Brick, stone, granite, 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.
(D) Screening. Screening shall be provided along the rear and/or side property lines of the B Business District when the area backs up to and/or sides to a residential district, or backs up to a public street. Such screening may consist of landscaping or fencing.
(E) Site landscaping.
(1) Landscaped area is defined as the improving of land and placing thereon live flowers, shrubs, trees or grasses, decorative fixtures such as fountains, water treatments, sculptures, retaining walls, berms, fences and specially treated walkways. These features shall be treated as going toward the calculation of total landscaped area. Required sidewalks and access sidewalks may not be included in the calculated landscaped area.
(2) All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems and shall be properly maintained.
(3) Five percent of the lot area shall be maintained in landscaped open area in front of the building line. Also, if the parking and maneuvering space exceeds 20,000 square feet, at least 5% of such space shall be maintained as landscaped area, a requirement in addition to the 5% of the lot area requirement. It is the intent of this section to require design and construction of parking areas in a manner to ensure areas unusable for parking or maneuvering space be landscaped.
(4) A landscape plan must be submitted as part of the required site plan and shall be approved by the Building Inspector before a building permit shall be issued. The plan must be totally implemented, inspected and approved before a certificate of occupancy shall be issued. The landscape plan will be reviewed as part of the required site plan.
(F) Sign regulations. In the B Business District, no sign shall be constructed, erected, altered or painted or improved which exceeds 60 square feet in area or which contains flashing lights, animated parts or which advertises an activity other than that on the lot placed. No sign or lettering shall be placed on the ground, rocks, trees, tree stump or other natural objects.
(G) Area regulations. All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements:
(1) Front yard. All buildings shall set back from the street right-of-way line to provide a front yard having not less than 35 feet in depth.
(2) Side yard. A side yard of five feet shall be provided on both sides of a lot. There shall be a side yard setback from intersecting street of not less than 25 feet.
(3) Rear yard. A rear yard of five feet shall be required except that each building constructed on a lot adjoining a residential district shall be set back not less than 25 feet from the lot line adjoining any platted established residential district.
(Ord. 927, passed 4-12-05; Am. Ord. 1086, passed 11-15-16; Am. Ord. 1112, passed - -19; Am. Ord. 1187, passed 5-26-22; Am. Ord. 1200, passed 11-1-22) Penalty, see § 154.999
§ 154.027 DT DOWNTOWN BUSINESS DISTRICT.
(A) General description. This downtown district is the 100 block of East Main Street and consists of unique and historical buildings and is intended for the conduct of personal and business services and the general retail business of the community.
(B) Permitted uses. In the DT Downtown Business District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
(1) Retail and wholesale sales when such sales are made or offered within the enclosure of buildings. Exceptions will be allowed to enclosure requirement when such sale is conducted by more than 50% of the downtown establishments in the district;
(2) Professional services, personal services, and pharmacies;
(3) Offices;
(4) Drinking and eating establishments;
(5) Live/work units (special use permit required); and
(6) Accessory uses to the above uses.
(C) Building regulations. All exterior construction shall conform to the architectural styles of the district.
(1) All new buildings erected or constructed and renovations or additions to existing building shall conform to this section upon any modifications to the façade or expansion of the building. A minimum of 100% of a building's total facade visible from the street shall utilize materials allowed by right or Special Use Permit.
(a) Allowed by right. Masonry and glass.
(b) Allowed by Special Use Permit. Materials or technologies not addressed or contemplated by these regulations may also be allowed by Special Use Permit, if such materials are consistent with the visual nature and quality of the masonry materials permitted herein. Additionally, franchise businesses with an established theme that has not been deviated from in any other jurisdiction may apply for a Special Use Permit to use a material not permitted in this section.
(c) Trim materials. Architectural metal, EIFS (exterior insulation and finish systems), wood, cementious fiberboard may be utilized for window and door trim, fascia, or soffit. EIFS may be used as a trim material but shall not be used within six feet of the ground.
(d) Bright or fluorescent colors shall not be permitted on any building material without Special Use Permit.
(e) All facades of an individual building, multiple buildings in a shopping center, or integrated business development shall have architectural design, color, and materials that are compatible or consistent with an overall theme.
(2) Masonry. Masonry includes: Brick, stone, granite, 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.
(D) Sign regulations. In the DT Downtown Business District, no sign shall be constructed, erected, altered or painted or improved which exceeds 50 square feet in area or which contains flashing lights, animated parts or which advertises an activity other than that on the lot placed. No sign or lettering shall exceed the height of the building.
(Ord. 927, passed 4-12-05; Am. Ord. 1086, passed 11-15-16; Am. Ord. 1112, passed - -19) Penalty, see § 154.999
§ 154.028 I INDUSTRIAL DISTRICT.
(A) General description. This industrial district is intended primarily for manufacturing and assembly plants and warehousing. These industries may require direct access to rail, air or street transportation facilities. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.
(B) Uses permitted. In the I Industrial District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered,
(1) Industries which could not omit obnoxious odors or offensive noises or lint, or smoke, or smog; and which encloses all activities;
(2) Parts assembly plants and mixing plants;
(3) Enclosed storage not involving oxygen or flammable liquids, gasses;
(4) Manufacture not involving the breeding and raising of animals;
(5) Residence of security guards, firemen and persons employed at the activity placed;
(6) Parks and public uses;
(7) Railroads, depots and accessory uses other than open storage;
(8) Body shops; and
(9) Any uses permitted in B Business District.
(C) Building regulations. All main buildings shall be masonry construction or pre- engineered metal building systems in accordance with the building code of the city.
(1) In the Industrial District, no building shall be constructed unless a paved area or areas are provided either covered or uncovered or enclosed or unenclosed or otherwise equal to the same requirements as the B Business District for parking of vehicles within 600 feet of the lot upon which the building is placed.
(D) Area regulations. All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements:
(1) Front yard: All buildings shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.
(2) Side yard: A side yard of 25 feet shall be provided on one side of a lot and no side yard is required on the opposite side of the lot. There shall be a side yard setback from intersecting street of not less than 25 feet.
(3) Rear yard: No rear yards are required except 25 feet adjoining a dwelling district.
(E) Screening. Screening shall be provided along the rear and/or side property lines of the property when the area backs up to and/or sides to a residential district, business district and/or backs up to a public building. Such screening may consist of landscaping or fencing.
(Ord. 927, passed 4-12-05; Am. Ord. 1187, passed 5-26-22) Penalty, see § 154.999
§ 154.029 APPLICATION OF REGULATIONS TO THE USES OF A MORE RESTRICTED DISTRICT.
Whenever the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district, unless otherwise specified. It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes, without a special use permit.
(Ord. 927, passed 4-12-05; Am. Ord. 1086, passed 11-15-16)
§ 154.030 HIGHWAY 82 OVERLAY DISTRICT (H82OD).
(A) General purpose and description.
(1) The HWY 82 Overlay District (H82OD) is intended to improve the aesthetics and integrity of development along the HWY 82 corridor within the city, where higher development standards can effectively enhance the city's image as a desirable place to live, work, and shop.
(2) The H82OD is limited to a specified area encompassing land located within the city limits and running parallel to the centerline of HWY 82, 700 feet to the north and 700 feet to the south or has HWY 82 access within the 700 feet, and supplements the standards of the existing business districts with new or different standards. In the event of a conflict between the standards of the H82OD and the regulations of the underlying zoning district, the standards described herein will prevail.
(B) Scope and enforcement.
(1) New buildings. All new buildings erected or constructed within the H82OD shall adhere to this section.
(2) Existing buildings and additions to existing buildings. Existing buildings within the H82OD shall conform to this section upon any modifications to the façade or expansion of the building.
(C) Building façade standards. Requirements are applicable to all sides of a building or structure visible from HWY 82. A building facade plan of the entire proposed project shall be submitted with site plan review documents.
(1) Building materials. A minimum of 100% of a building's total facade visible from HWY 82 shall utilize materials allowed by right or Special Use Permit.
(a) Allowed by right. Masonry and glass.
(b) Allowed by Special Use Permit. Materials or technologies not addressed or contemplated by these regulations may also be allowed by Special Use Permit, if such materials are consistent with the visual nature and quality of the masonry materials permitted herein. Additionally, franchise businesses with an established theme that has not been deviated from in any other jurisdiction may apply for a Special Use Permit to use a material not permitted in this section.
(c) Trim materials. Architectural metal, EIFS (exterior insulation and finish systems), wood, cementious fiberboard may be utilized for window and door trim, fascia, or soffit. EIFS may be used as a trim material but shall not be used within six feet of the ground.
(d) Bright or fluorescent colors shall not be permitted on any building material without Special Use Permit.
(e) All facades of an individual building, multiple buildings in a shopping center, or integrated business development shall have architectural design, color, and materials that are compatible or consistent with an overall theme.
(2) General purpose and description (H82OD) is intended for neighborhood shopping facilities, and retail and tourism. The (H82OD) is established to accommodate the daily and frequent needs of the community. The following regulations shall be applicable to all uses in the district:
(a) All business shall be conducted wholly within an enclosed building;
(b) Frontage property visible from HWY 82 shall not be used for the storage of equipment, containers, or waste material;
(c) All merchandise shall be sold at retail on the premises; and
(d) Such use shall not be objectionable because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisance.
(e) Representative principal permitted uses (subject to approval):
1. Auto Dealerships.
2. Consumer Convenience Services (Lawn Care, Dry Cleaners, Home Cleaning, Manicures & Pedicures, Taxis and valet parking).
3. Commercial Recreational Facilities (Movie Theaters, Paintball Course, Driving Range, Bowling Alley).
4. Drive-in Services.
5. General Retail Services.
6. Grocery Stores.
7. Hotel & Motel.
8. Nurseries.
9. Restaurants, Cafes, Coffee Shops.
10. Retail Sales.
(D) Highway Overlay District (H82OD) signs.
(1) On-premise pole signs shall meet the following regulations:
(a) Maximum height: 60 feet.
(b) Maximum advertised message area: 60 square feet.
(c) Spacing: A minimum of 200 feet from any other monument or pole sign on the same property, measured along the right-of-way.
(d) Digital (electronic)signs.
1. Digital signs shall not be animated, flash, travel, blink, fade or scroll and shall transition instantaneously to another static image.
2. Digital signs shall display static images for a period of at least eight seconds.
(e) Nonconforming existing signs.
1. Any nonconforming sign and/or its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of 50% of the cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. Permits granted prior to the passage of this chapter shall be renewed only if the applicant complies with all provisions of this chapter.
2. No sign or supporting structure that is lawfully repaired, reproduced, or renovated as a nonconforming sign shall be increased in area or height.
3. If a nonconforming sign is moved, the sign shall lose its nonconforming status and shall be required to meet all requirements of a new sign under this chapter.
(2) Signs may be illuminated provided that the provisions of this section are complied with:
(a) Brightness limitations. The lighting intensity of a sign, whether resulting from internal illumination or external illumination, shall not exceed 75 foot-candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the most-narrow dimension of the sign.
(b) Glare. Signs shall be designed, located, shielded, and directed to prevent the casting of glare or direct light from artificial illumination, upon adjacent public right-of-way and surrounding property.
(c) Electrical permit. All signs in which electrical wiring and connections are to be used shall be subject to the applicable provisions of the city's electrical code.
(3) Abatement of sign violations and removal of unsafe signs.
(a) Any sign that is structurally unsafe or that constitutes a hazard to the health, safety, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, abandonment or other cause is hereby declared to be a public nuisance and shall be abated by demolition or removal.
(b) Should the city determine that any sign is not properly maintained, is unsafe or insecure or has otherwise been constructed, erected, or maintained in violation of the provisions of this section, the City Inspector shall give written notice to the permit holder or owner thereof. Such notice and order shall contain substantially the following:
1. The registration number, if available, location and business name of the sign, sufficient for identification of such sign.
2. A statement that the city has found such sign to be in violation of this section or other laws, together with a general description of such violation.
3. The amount of time required to bring the sign into compliance with this section or any other law, said time not to exceed ten days. The city may extend the time of notice when it is shown that such corrections cannot be accomplished within the original ten-day time period.
(c) In addition to the above, the City of Whitesboro may issue citations or pursue any other administrative or legal remedy in order to abate any sign which is in violation of this section or any other law.
(d) Not withstanding anything contained herein to the contrary, the city may cause any sign which is dangerous to persons or property to be removed summarily and without notice.
(Ord. 1102, passed 8-14-18; Am. Ord. 1140, passed 7-21-20)
§ 154.031 R-5 RESIDENTIAL DISTRICT.
(A) General description. The principal use of land is for high density residential duplexes, multi- family apartments, residential townhomes, public facilities, accessory uses and other uses necessary to ensure the healthy and orderly development of the district.
(B) Permitted uses. In the R-5 Residential District, no building or land shall be used and no building shall be hereinafter erected, converted or structurally altered, unless otherwise provided herein, except for one or more of the following uses:
(1) Multi-family apartments, and accessory uses thereto;
(2) Residential duplexes (two family dwellings);
(3) Residential townhomes;
(4) Public and private parks and playgrounds;
(5) Public and private schools, libraries, and nurseries, nursery being defined as a place where children are temporarily cared for in their parents' absence; public uses, and churches; and
(6) Identification signs.
(C) Building regulations.
(1) In the R-5 Residential district, no building shall be constructed with a habitable building area of less than 1100 square feet per unit.
(2) No building shall be constructed or moved into the district unless paved areas on the lot on which the building is placed shall have been provided for off-street parking of:
(a) Two and one-half spaces per unit for apartments;
(b) 600 sq. ft. minimum per duplex dwelling unit;
(c) 800 sq. ft. minimum per townhome unit; and
(d) For all other uses parking must comply with the B Business District requirements.
(3) No building shall be constructed or moved into the district unless an area equal to the items listed below shall have been provided for playgrounds, gardens, landscaping and patios with the placing of privacy fences to separate the adjoining land owners and apartment dwellers:
(a) Equal to one-fourth the habitable building for townhomes and apartment building;
(b) Equal to area of habitable building residential duplexes; and
(c) For all other uses yard area must comply with the B Business District requirements.
(D) Area regulations.
(1) In the R-5 Residential District, no dwelling shall be constructed closer than 25 feet from the front lot line; 25 feet from the back lot line; and no closer than five feet from the side lines, except on a corner lot, then no building shall be constructed closer than ten feet from said lot lines adjoining said street for duplexes and apartment buildings.
(2) On attached townhomes no building shall be constructed closer than 25 feet from the front lot line; 25 feet from the back lot line and no closer than ten feet from the side lines, except on a corner lot, then no building shall be constructed closer than fifteen feet from said lot lines, adjoining said street the adjoining lot lines between townhome units in the same building shall have a 0-lot line.
(3) Unattached buildings of accessory use may be located in the rear yard of a main building no closer than five feet from the side lot lines and no closer than five feet from the back lot line.
(4) In the R-5 Residential District lots shall have a minimum width adjacent to the street of 75 feet for duplexes and apartment buildings and 30 feet for townhomes. Corner lots in residential subdivisions shall be five feet wider than inside lots so as to allow the required set-back from both streets for duplexes and apartment buildings and 10 feet wider than inside lots so as to allow the required set-back from both streets for townhomes.
(E) Sign regulations. Identification signs shall be restricted to a maximum of four-square feet in area with a maximum height to the top of the sign shall be six feet. No sign shall be animated or lighted with red, amber or other colored flashing lights.
(Ord. 1200, passed 11-1-22)