For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, altering, moving or use of buildings and structures, the city is divided into zoning districts, as follows:

 

(Ord. 09-0721, passed 7-21-2009)

   The location and boundaries of the various zoning districts are shown on the official zoning map. The zoning official will promptly make any changes to the map as directed by the City Council. The provisions of an ordinance establishing a district, amending a district classification, or amending a district boundary shall control over any conflicting information shown on the official zoning map. The official zoning map, together with all notations, references and other information shown thereon and all amendments thereto, shall be as much a part of this chapter as if fully set forth and described herein. The official zoning map is on file in the office of the City Secretary and is accessible to the public during normal business hours.

   Where uncertainty exists with respect to the boundaries of any of the districts shown on the official zoning map, the following rules apply:

   (A)   Where district boundaries are so indicated that they approximately follow the center lines of streets or highways, the street center lines arc construed to be the boundaries;

   (B)   Where district boundaries are so indicated that they approximately follow lot lines, the lot lines are construed to be the boundaries;

   (C)   Where district boundaries are so indicated that they are approximately parallel to street center lines or street right-of-way lines, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the map. If no distance is given, such dimension shall be determined by the use of the scale on the map or by the ordinance establishing the district boundaries;

   (D)   On unsubdivided land or when a district boundary follows no identifiable feature, the location of district boundaries shall be determined by the ordinance establishing the district boundaries or by using the map scale appearing on the map, unless the district line is indicated by dimensions printed on the map, in which case the printed dimensions shall control;

   (E)   Where streets or alleys on the ground differ from streets or alleys shown on the map, the streets or alleys on the ground control; and

   (F)   The Building Official shall interpret the district boundaries in cases of conflict or question.

(Ord. 09-0721, passed 7-21-2009)

   No building or structure shall be erected, constructed, enlarged, reconstructed or altered for use nor shall any building, structure or land be used or changed in such a way that it does not comply with all the district regulations established by this chapter for the district in which the building or structure or land is located. Where a single parcel of land contains more than one zoning district within its boundaries, the entire tract may be developed to the applicable standards of any zoning district contained within its boundary.

(Ord. 09-0721, passed 7-21-2009; Ord. 14-0715A, passed 7-15-2014) Penalty, see § 155.999

   The zoning of property as R-1 Residential is intended to provide for conventional detached single-family dwellings. The purpose of the R-1 district is to provide for development of standard low-density residential development in areas where adequate public facilities exist and residential development is appropriate, given the surrounding land uses and neighborhood.

   (A)   Permitted uses. No building, structure, or land shall be used, and no building or structure shall be erected, constructed, reconstructed, moved or altered except for one or more of the uses identified below, subject to all applicable provisions of these zoning regulations.

      (1)   Accessory residential uses.

      (2)   Agricultural use or accessory agricultural uses on lots of one-acre of more.

      (3)   Conventional detached single-family residences.

      (4)   Home occupations incidental to a permitted residential use.

      (5)   Private recreational facilities owned and operated by or on behalf of a residential subdivision or development.

      (6)   Patio Homes.

      (7)   Two-family dwellings.

      (8)   Group homes.

      (9)   Churches.

      (10)   Schools.

   (B)   Height and area regulations. The height of buildings, the minimum lot size and the minimum dimensions of yards in this district shall be as follows:

      (1)   Lot size. A lot in this district shall comply with the lot size requirements of the city subdivision regulations found in § 154.37.

      (2)   Location on lot. A structure shall be subject to the setback restrictions established in the city subdivision regulations found in § 154.35 of the code and shall be located not less than 25 feet from the front lot line, not less than five feet from a side lot line, and not less than ten feet from the rear lot line.

(Ord. 09-0721, passed 7-21-2009; Ord. 13-1119, passed 11-19-2013; Ord. 15-0818B, passed 8-18- 2015) Penalty, see § 155.999

   The zoning of property as R-2 Residential is intended to provide for conventional detached single-family dwellings along with other residential uses including manufactured homes, where the Planning and Zoning Commission has determined that a property owner has an economic hardship which will not allow him or her to construct a site-built single family residential structure. The purpose of the R-2 District is to allow efficient utilization of land, encourage affordable housing opportunities, and allow traditional neighborhood developments.

   (A)   Permitted uses. No building, structure, or land shall be used, and no building or structure shall be erected, constructed, reconstructed, moved or altered except for one or more of the uses identified below, subject to all applicable provisions of these zoning regulations.

      (1)   All uses. All uses permitted in R-l Residential District.

      (2)   Modular single-family dwellings. Modular (factory built and site installed) single-family dwellings.

      (3)   Manufactured homes. All manufactured homes placed in this R-2 District shall be in compliance with § 155.151, Manufactured Home (MH) District.

   (B)   Height and area regulations. The height of buildings, the minimum lot size and the minimum dimensions of yards in this district shall be as follows:

      (1)   Height. Structures shall not exceed 35 feet in height.

      (2)    Lot size. A lot in this district shall comply with the lot size requirements of the city subdivision regulations found in § 154.37.

      (3)   Location on lot. A structure shall be subject to the setback restrictions established in the city subdivision regulations found in § 154.35 and shall be located not less than 25 feet from the front lot line, not less than five feet from a side lot line, and not less than ten feet from the rear lot line.

(Ord. 09-0721, passed 7-21-2009; Ord. 13-1119, passed 11-19-2013) Penalty, see § 155.999

   (A)   New installation of mobile homes prohibited.

      (1)   No mobile home may be installed for use or occupancy as a residential dwelling within the city after 1-29-2006. No manufactured housing other than HUD-code manufactured homes maybe installed for use or occupancy as a residential dwellings within the city after 1-29-2006.

      (2)   The prohibition implemented by this section shall be prospective only and shall not apply to mobile homes previously permitted and used or occupied as residential dwelling within the city before the date of the ban. Mobile homes lawfully within the city on the date of the ban may be relocated, but only to a new location within a manufactured home park or manufactured home subdivision.

   (B)   Restrictions for manufactured homes. Unless otherwise provided in this chapter, no manufactured home may be used as a commercial building or for business purposes.

   (C)   Existing manufactured homes. An existing manufactured home located outside of a manufactured home park or manufactured home subdivision and occupied as a residence as of the date of this chapter will be allowed to remain on its existing site until the condition of the manufactured home violates the city codes. When the condition of the manufactured home violates city codes, the Building Official shall require the owner to repair it, move the manufactured home out of the city, or demolish it. Within a period of 90 days, or in the case of a fire or natural disaster, a period of 180 days, the owner may replace the manufactured home with another manufactured home one time only, which passed a property inspection report submitted by a licensed inspector and complies with division (D) below. If the unit is not in conformance with building standards, it shall be denied an occupancy permit, and utilities shall not be connected to it.

   (D)   Replacement manufactured home.

      (1)   Any replacement manufactured home shall:

         (a)   Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the replacement manufactured home will be located, as determined by the most recent certified tax appraisal for Montgomery County;

         (b)   Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the manufactured home will be located;

         (c)   Comply with city aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to other single-family dwellings in the neighborhood; and

         (d)   Be securely fixed to a permanent foundation.

      (2)   For purposes of this subsection, VALUE means the taxable value of the manufactured home and lot before the installation of the manufactured home on the lot.

      (3)   If any manufactured home located in a. manufactured home park or subdivision violates a city code, it shall be replaced with a manufactured home that has passed inspection by a licensed inspector, and be subject to the provisions of division (D)(1)(a) above.

   (E)   Manufactured home use and occupancy permit.

      (1)   No manufactured homes may be used or occupied as a residential dwelling within the city unless a permit for such use and occupancy has first been issued by the Building Official. All pre-owned manufactured homes must pass a property inspection report prepared by a licensed inspector before an occupancy permit will be issued. The completed property inspection report, a copy of which is attached as Exhibit "B" to the ordinance and is on file in the city offices, must be submitted at the time the application for occupancy permit is submitted.

      (2)   If the Director denies an application to install a new HUD-code manufactured home for use and occupancy as a residential dwelling, is deemed approved and granted unless the Building Official denies the application in writing within 45 days from the receipt of the application, the Building Official shall send the applicant a written denial of the application with the reasons for the denial.

      (3)   It shall be a condition of each manufactured homes use and occupancy permit that the home be installed in accordance with all applicable federal and state regulations, specifically including regulations adopted under the Texas Manufactured Housing Standards Act.

      (4)   Outside of manufactured home parks, it shall be an additional condition of each manufactured home's use and occupancy permit that:

         (a)   Each manufactured home be skirted to conceal view of the undercarriage from all sides; and

         (b)   Each manufactured home be accompanied by an accessory building providing not less than 200 cubic feet of storage space.

      (5)   A manufactured home's use and occupancy permit shall be of indefinite duration and shall remain in effect for so long as the manufactured home is not relocated and is maintained in accordance with the applicable requirements of this chapter.

      (6)   A manufactured home use and occupancy permit may be revoked if:

         (a)   The manufactured home fails to connect, or is disconnected from water, sewer, or electrical supply;

         (b)   The manufactured homes becomes unsafe or uninhabitable; or

         (c)   The certificate of occupancy of the manufactured home park within which the home is located is revoked.

         (d)   Each application for issuance of manufactured homes use and occupancy permit must be on the form prescribed by the Building Official and must be accompanied by an application fee in the amount as set out in Exhibit "A", which is attached to the ordinance and is on file in the city offices.

      (7)   The application must include:

         (a)   The applicant's name, address and telephone number;

         (b)    The make, model and year of manufacture of the manufactured home;

         (c)   The number of each label attached to all separate transportable sections of the manufactured home attesting that the section has been manufactured and inspected in accordance with the applicable requirements of the Department of Housing and Urban Development; and

      (8)   The location at which the manufactured home is to be installed, including as appropriate:

         (a)    The name and address of the licensed manufactured home park and the space in which the home will be installed; or

         (b)   The street address and lot and block location within a manufactured home subdivision where the home will be installed, as well as the name and address of the lot owner if different from the applicant.

   (F)   Administration of permits, revocation.

      (a)   The Building Official or a designated official acting under the supervision of the Building Official shall be responsible for administration of the provisions of this chapter, including those relating to the issuance and revocation of permits.

      (2)   Whenever any manufactured home or manufactured home park is operated or maintained in a manner in violation of the conditions of a permit or certificate of occupancy issued under this chapter, the Building Official shall give written notice to the interested part of the nature of the violation and of any required remedial action. The notice shall direct the person to remedy the violation within 30 days from the date of issuance. The notice shall be deemed sufficient if mailed to the address of the person as indicated upon the face of the permit application.

      (3)   The Building Official, following additional notice and opportunity for hearing, may revoke the permit or certificate of occupancy of nay person who shall fail to remedy a violation after the notice provided by division (F)(2) above.

   (G)   Appeals from decision of Building Official.

      (1)   Any person whose application for a license or permit has been denied by the Building Official shall have the right to appeal such decision to the City Council by filing a written appeal to the City Secretary within five business days of receiving written notice.

      (2)   Any license revocation or suspension, or any order for a utility disconnection, or any decision, order or action taken by the Building Official, may be appealed to the City Council by any person affected by the decision by filing a written appeal to the City Secretary within five business days of receiving written notice.

      (3)   Any such appeal shall be heard and determined by the City Council within 30 days of the filing of the notice of appeal to the City Secretary.

   (H)   Miscellaneous manufactured home and recreation vehicle requirements.

      (1)   Each manufactured home in the city shall have two exit doors. Such doors shall be located remote from each other. Screen doors shall be of the hinged type, opening outwardly from the inside.

      (2)   Each manufactured home in the city must meet the definition of a manufactured home as given in the definitions section of this chapter and have a permanent label affixed to it which certifies it as meeting the definition.

      (3)   Existing manufactured homes in the city as of the date of this chapter are exempt from this requirement.

      (4)   Each recreation vehicle in a manufactured home park must meet the definition of a recreation vehicle as given in the definitions section of this chapter and have a permanent label affixed to it which certifies it as meeting the definition. All recreation vehicles must maintain applicable current state registration. Existing recreation vehicles as of the date of this chapter and recreation vehicles not located in a manufactured home park, and not occupied as a full-time residence, are exempt from this requirement.

      (5)   Each manufactured home in the city shall have a skirt that will conceal from view the undercarriage on all sides of the manufactured home.

      (6)   Acceptable skirting material includes polyvinyl or other material that shall be approved in writing by the Building Official. Because polyvinyl will deteriorate when exposed to the sun, skirting of this material must be properly maintained and or replaced if and when it becomes unsightly.

      (7)   Existing manufactured homes in the city as of the date of this chapter will have one year to comply with this requirement.

   (I)   Mobile office units.

      (1)   Temporary construction facilities. A mobile office unit may be used as temporary facilities for any construction project in the city, provided that a valid building permit has been issued for such project by the Building Official

      (2)   Temporary offices. A mobile office unit may be used to house temporary offices, provided that the following conditions are met:

         (a)   The proposed office use and location conforms to the city regulations.

         (b)   Any such mobile office unit has documentation certifying that it has been manufactured in accordance with nationally recognized standards.

      (3)   Installation standards. All installation standards of this chapter are met and an installation permit as specified in this chapter is obtained for any such mobile office unit.

      (4)   Grounding. Any such unit is anchored to be ground as specified in this chapter.

      (5)   Utility connections. All utility connections are inspected as provided in this chapter, and comply with requirements of this chapter.

      (6)   Mobile office unit to comply with city building codes. Any such mobile office unit complies with the city building codes regarding exits and handicapped accessibility.

      (7)   Inspection and certification. Any such unit is inspected and a certificate of inspection issued therefore as prescribed in this chapter prior to occupancy.

      (8)   Time limit; temporary office or commercial space. Any such unit shall be limited to use as a temporary office or commercial space for a period of one year from the date of the certificate of inspection. Manufactured units may be used to allow a new commercial business to get started; however, within a period not to exceed 365 calendar days, a permanent structure must be in place for long term use, with all the applicable permits issued and fees paid.

      (9)   Fire protection water supply, fire hydrants and the like. Any such unit shall be provided with fire protection water supply, fire hydrants and fire department access as specified in the city fire code.

      (10)   Right-of-way encroachment. No mobile office shall be placed on or encroach into the public right-of-way without specific written permission for such encroachment from the Building Official.

(Ord. 09-0721, passed 7-21-2009) Penalty, see § 155.999

   (A)   Permit. It shall be unlawful for any person or persons to construct alter or extend any manufactured home park within the corporate limits of the city without obtaining a manufactured home park construction permit approved by the city. All manufactured home parks shall be in a Manufactured Home "MH" District.

   (B)   Application. Application for a construction permit shall be made to the Building Official and the following information and items shall be furnished:

      (1)   Name and address of applicant.

      (2)   Identity of all persons who hold any financial interest or security interest in the manufactured home park.

      (3)   Location and legal description of the manufactured home park.

      (4)   Complete plans and specifications prepared by a registered professional engineer for the proposed park showing:

         (a)   Topographic contours of not more than two-foot intervals.

         (b)   Title or name of the manufactured home park.

         (c)   Names and addresses of persons or firms preparing plans and specifications.

         (d)   North point and scale.

         (e)   Key map showing location of the manufactured home park in relation to any existing streets and highways and original survey lines.

         (f)   The area and dimensions of the tract of land.

         (g)   A plat or map of the proposed manufactured home park showing the number, location and size of all manufactured home sites, spaces, locations and widths of roadways and walkways, service buildings and other proposed structures.

         (h)   The location of water and sewer lines and riser pipes.

         (i)   Plans and specifications for the water system, sewer system, gas lines (if any), and refuse disposal facilities.

         (j)   Plans and specifications for all buildings to be constructed within the manufactured home park.

         (k)   The location and details of lighting and electrical systems.

         (l)   Five copies of the plans and specifications shall be submitted to the Building Official for review, who may refer the park plans to the City Engineer for review.

         (m)   The Building Official will present the plans to the City of Willis Planning and Zoning Commission for its review and recommendations to the City Council regarding the approval or denial of the application recommendation for approval to the City Council when the plans and specifications are completed in accordance with this chapter.

         (n)   After approval by the City Council, two final approved copies of the plans and specifications shall be submitted to the Building Official for records retention before a construction permit is issued.

   (C)   Other permits required. A separate permit shall be required for the building, electrical, plumbing, driveways, sidewalks and other permits when required by city codes.

   (D)   Non-refundable construction permit fee. A non-refundable construction permit fee shall be submitted with the permit application. The amount of the permit application fee and any engineering review fees shall be set out in a separate fee schedule.

   (E)   Manufactured home park license. It shall be unlawful to establish, maintain or operate a manufactured home park without first securing a manufactured home park license.

   (F)   Licenses valid for one year; renewal. Licenses shall be valid for a period of one year beginning on the date the license is approved, and shall be renewable annually thereafter on the anniversary date. A nonrefundable license application fee shall accompany each application for a license and license renewal. The city shall determine the license and annual license renewal fees. The amount of these fees shall be set out in a separate fee schedule.

   (G)   Requirements for license renewal. To receive a license renewal, the manufactured home park operator must provide a park plat or map and a park inventory to the city in a format approved by the city at the time the annual permit fee is renewed each year.

      (1)   The plat or map of the park must show the number, location and size of all manufactured home spaces, sites, locations and widths of roadways and walkways, service buildings and other proposed structures.

      (2)   This inventory shall include, but shall not be limited to, the following information about each manufactured home or recreation vehicle: owner's name and address, size, manufacturer, move-in date and current condition.

   (H)   License renewals; violations of chapter. A license may not be renewed if the manufactured home park operator does not correct violations of this chapter cited by the Building Official. As directed by the Building Official, a period of up to 90 days shall be allowed to correct the noted violations. After that time, the Building Official, after reasonable notice to the operator, may suspend or revoke the park license if the violations have not been corrected, and the operator shall be forced to close the manufactured home park.

   (I)   Connection to utilities required. It shall be unlawful for any person to occupy a manufactured home or recreation vehicle in a manufactured home park unless such manufactured home or vehicle has first been connected to the utilities available in such park.

   (J)   Inspection. The Building Official, or his or her designee, shall make such inspections as are necessary to insure compliance with the provisions of this chapter.

   (K)   Acceptance of license is authorization of inspection. By the accepting the license, the licensee shall be deemed to authorize the inspection of a manufactured home park at all reasonable hours, which shall usually be during normal working hours. Failure to permit an inspection shall be a ground for suspension or revocation of the license. Where there is reason to believe a violation may exist before or after the hours of normal inspection, the Building Official may authorize special inspections at any time.

   (L)   Refusal of inspection. Failure or refusal of a manufactured home park occupant to permit inspection by the Building Official or designee, or to permit the licensee to make necessary repairs or alterations in compliance with the requirements of the Building Official, shall constitute a ground for disconnection of the utilities serving such manufactured home. The manufactured home occupant shall have the right to appeal any decision, order or action of the Building Official by following the same procedure provided for appeals from license denials, suspensions or revocations by the Building Official.

   (M)   Register to be kept. All operators of manufactured home parks in the city shall keep and maintain a register of the manufactured home arid recreation vehicle units located therein, identifying the name of said owner, date of arrival, make, model, and year of the manufactured home unit, state certificate, the state issuing the certificate, location of the unit in the park, and departure date. The register records shall not be destroyed for a period of three years following the date of registration.

   (N)   Revocation of license; violations. The Building Official shall have authority to suspend or revoke a license or to order utility disconnections for the following violations of the provisions of this chapter:

      (1)   A license may be suspended for any period of time up to 12 months for a violation affecting the health, safety or welfare of occupants of a manufactured home or of other persons or property.

      (2)   A license may be revoked for a condition which is dangerous to life or property.

      (3)   For a violation of the provisions of this chapter deemed to require a license suspension or revocation, the utility connection servicing any space or any structure in a manufactured home park may be disconnected or caused to be disconnected; provided a utility disconnection may be ordered in connection with a license suspension or revocation as to all or any part of a manufactured home park if necessary to protect life or property.

      (4)   No license shall be suspended or revoked by the Building Official until written notice is served on the manufactured home park operator, and the operator is given five business days to file a written appeal the City Council as provided in this chapter.

   (O)   Procedure; revoked or suspended license. The following procedures shall apply to a suspended or a revoked license:

      (1)   After the period of suspension, a suspended license will be reinstated by the Building Official upon a showing of ability and willingness by the licensee to comply with the provisions of this chapter.

      (2)   A person whose license has been revoked may apply for a new license by making a new application and paying the required fee. Before granting a new license, the Building Official shall require the applicant to show ability and willingness to comply with the provisions of this chapter.

      (3)   No sale, transfer or assignment of a suspended or revoked license will be recognized by the city; provided a person whose license has been suspended or revoked may sell, transfer or assign his or her interest in the premises, if any, to another person who may then submit an application for a license to operate the manufactured home park. If it is shown by the applicant that he or she has had no previous responsible connection with the manufactured home park, he or she will be eligible for a new license. If a new license is granted, the new licensee may commence to operate the manufactured home park upon issuance of the license.

      (4)   Where a person whose license has been suspended or revoked has no interest in the premises other than by agreement with the owner of the premises, such person may advise the city in writing of his or her withdrawal from any further connection with the manufactured home park. In this event, and if it be shown that the owner or owners had no responsible connection with the actual operation and maintenance of the manufactured home park, a new application may be made by any person other than the person whose license was suspended or revoked. If the new license is granted, the new licensee may commence to operate the manufactured home park upon issuance of the license.

   (P)   Criminal penalties; civil remedies. In addition to suspension or revocation of a license, the city may pursue criminal penalties and civil remedies against any person or entity which violates this chapter.

   (Q)   Review by Building Official, Planning and Zoning Commission and City Council. No construction or permit license may be issued on a new manufactured home park until the park plat is reviewed and approved by the Building Official, Planning and Zoning Commission, and City Council. All engineering fees for review shall be paid by the applicant.

   (R)   Permits; availability of city water and sewage treatment availability. All permits will be issued based upon the availability of city water and sewage treatment capacity as determined by the Building Official.

   (S)   Minimum size of manufactured home park. The minimum size of a manufactured home park shall be five acres. Conditions of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to dangerous conditions or subject to unpredictable and/or sudden flooding, subsidence or erosion.

   (T)   When two entrances required. All manufactured home parks with five or more manufactured homes or recreation vehicles shall have two entrances into the park for health and safety purposes. Emergency vehicles must be able to enter and exit without having to back up.

   (U)   Exposed ground surfaces. Exposed ground surfaces in all areas of every manufactured home park shall be paved, covered with stone screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

   (V)   Ground surfaces to be graded and equipped to drain surface water. The ground surface in all areas of every manufactured home park shall be graded and equipped to drain all surface water in a safe efficient manner. The following shall be shown on the plans and specifications prepared by a registered professional engineer:

      (1)   Calculations showing the anticipated storm water flow, including watershed area, percent runoff, and time of concentration. When a drainage ditch, storm sewer or detention pond is proposed, calculations shall be submitted showing the basis for design.

      (2)   When a drainage channel, storm sewer, or detention pond is proposed, complete plans, profiles, and specifications shall be submitted, showing complete construction details.

      (3)   When conditions upstream or downstream from a proposed detention pond, drainage channel or storm sewer do not permit maximum design flow, high water marks based on five-year frequency shall be indicated based on existing conditions.

   (W)   Required separation between manufactured homes in manufactured home parks.

      (1)   Manufactured homes shall be separated from each other and from buildings and structures by at least 15 feet on the sides and end-to-end clearance of ten feet. Existing manufactured homes in manufactured home parks as of the date of this chapter are exempt from this requirement.

      (2)   An accessory structure which has a horizontal area exceeding 25 square feet and is attached to a manufactured home or located within ten feet shall, for purposes of all separation requirements, be considered to be part of the manufactured home.

   (X)   Required recreation areas.

      (1)   In all manufactured home parks accommodating or designed to accommodate 25 or more manufactured homes, there shall be not less than one recreation area which shall be easily accessible to all park residents.

      (2)   The size of such recreation areas shall be based upon a minimum of 100 square feet for each manufactured home space. No outdoor recreation area shall contain less than 2,500 square feet.

      (3)   Recreation areas shall be located so as to be free of traffic hazards and should, where the topography permits, be centrally located.

   (Y)   Required setbacks, buffer strips and screening in manufactured home parks.

      (1)   Any manufactured home park constructed shall be located 100 feet or more from an existing residential area, church or retail business. All existing manufactured home parks as of the date of this chapter are not required to meet the aforementioned requirement unless a manufactured home park has not had its license renewed for a period of two years. At such time, the Building Official shall require the manufactured home park to be 100 feet or more from an existing residential area, church or retail business.

      (2)   All manufactured homes shall be located at least 25 feet from any property boundary line abutting upon a public street or highway and at least five feet from an interior property boundary line.

      (3)   All manufactured home parks shall be screened with a vegetation barrier that will grow to a minimum six feet high along the rear and side property boundary lines surrounding the entire park. One front and rear entrance to the park shall be the only allowed openings in the fence. The fence shall be built in accordance with the city codes and shall be inspected for proper maintenance by the Building Official during the annual inspection of the park. Existing manufactured home parks in the city as of the date of this chapter will have one year to comply with this requirement.

   (Z)   Park street system.

      (1)   Conformance with minimum standards. Street construction and design with a manufactured home park, whether the street system is intended to be public or private, shall conform to the minimum standards for improvement of streets and roads found in those sections pertaining to public and or private streets in the City of Willis subdivision ordinance.

      (2)   Required illumination of park street systems. All manufactured home parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night.

      (3)   Illumination. All parts of the park street system shall have a minimum of 175 watts of mercury or sodium vapor illumination every 200 feet.

      (4)   Potentially hazardous locations; illumination. Potentially hazardous locations, such as major street intersections and steps or stepped ramps, shall be individually illuminated.

   (AA)   Required off-street parking areas.

      (1)   Off-street parking areas shall be provided in all manufactured home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of not less than two spaces for each manufactured home space, each parking space to be accessible without moving another car. Each space shall be at least nine feet width by 26 feel long.

      (2)   Required car parking spaces shall be so located as to provide convenient access to the manufactured home, but shall not exceed a distance of 200 feet from the manufactured home that it is intended to serve.

   (BB)   Manufactured home and recreational vehicle spaces.

      (1)   Each manufactured home or recreation vehicle space shall be improved to provide an adequate poured concrete foundation that conforms to the Administrative Rules of the Texas Department of Housing and Community Affairs, Tex. Admin. Code, Title 10, Ch. 80, which had an effective date of 1-10-2006 and covers the entire area of the manufactured home for the placement and tie-down of the manufactured home or recreation vehicle, thereby securing the superstructure against uplift, sliding, rotation, and overturning.

      (2)   The manufactured home space shall not lean, shift or settle unevenly under the weight of the manufactured home due to inadequate drainage, vibration or other forces acting on the superstructure.

   (CC)   Connection to city water system. A manufactured home park shall be connected to the city water system with a master meter. The city will bill the park licensee for water and sewer usage in the park.

   (DD)   Water distribution system.

      (1)   The water supply system serving the manufactured home park shall be connected by pipes or other approved material to all manufactured homes, buildings, and other facilities requiring water.

      (2)   All water piping, fixtures and other equipment shall be constructed and maintained in accordance with the requirements of city codes and shall be of a type and in locations approved by the Building Official.

      (3)   The system shall be so designed and maintained as to provide a pressure of not less than 45 pounds per square inch, under normal operating conditions at service buildings and other locations requiring potable water supply.

      (4)   All manufactured home parks with over ten spaces shall be required to have a TCEQ-certified Class "D" water operator available to operate the park water distribution facilities.

   (EE)   Individual water-riser pipes and connections.

      (1)   Individual water riser pipes shall be located within the confined area of the manufactured home space at a point where the water connection will approximate a vertical position.

      (2)   Water riser pipes shall extend at least four inches above ground elevation. The pipe shall be not less than three-quarter inches in diameter. The water outlet shall be capped when a manufactured home does not occupy the space.

      (3)   Adequate provision shall be made to prevent the freezing of service lines. Valves and riser pipes shall be protected from heaving and/or thawing actions of the ground. Surface drainage shall be diverted from the location of the riser pipe.

      (4)   A shutoff valve shall be provided near the water riser on each manufactured home space.

      (5)   Underground stop and waste valves shall not be installed on any water service line.

   (FF)   Sewer collection system; general requirements. A manufactured home park shall be connected to the city's centralized sewer collection system.

   (GG)   Sewer lines. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall he separated from the park water distribution system at a provided by state law and city codes. Sewer lines shall be at a grade, which will insure adequate flow as delineated in the city codes. All sewer lines shall be constructed of approved materials, shall be adequately vented, and shall have watertight joints.

   (HH)   Individual sewer connections.

      (1)   Each manufactured home space shall be provided with at least one 4-inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each space that the sewer connection to the manufactured home drain outlet will approximate a vertical position. Each manufactured home space shall be provided with a four-inch 22 P-trap for the manufactured home sewer connection and be properly vented.

      (2)   The sewer connection shall have an inside diameter not less than three inches, and the slope of any portion thereof shall be at least one-fourth inch per foot. The sewer connection shall consist of one pipe line only without any branch fittings. All joints shall be watertight.

      (3)   All materials used for sewer connections shall be semi-rigid, corrosive resistant, non-absorbent and durable. The inner surface shall be smooth.

      (4)   Provision shall be made for capping the sewer riser pipe when a manufactured home does not occupy a space. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches above the ground elevation.

      (5)   Sewer lines shall conform to all city codes.

   (II)   Electrical system general requirements. All manufactured home parks shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances, which shall be installed and maintained in accordance with city codes.

   (JJ)   Refuse handling.

      (1)   The storage, collection and disposal of refuse in the manufactured home park shall be conducted in a manner that will not create health hazards, rodent harborage, insect breeding areas, accidental fire hazards and/or air or water pollution.

      (2)   Garbage and rubbish receptacles two cubic yards or larger in capacity must be enclosed in a privacy fence, concealed from view and have a concrete foundation. All such receptacles shall be setback from the park driveway far enough for a garbage truck to operate along the driveway.

      (3)   Garbage and rubbish will be placed in collection containers on a timely basis. No accumulation of garbage and rubbish is permitted with the manufactured home park.

   (KK)   Natural gas system.

      (1)   Natural gas piping systems, if provided, shall be installed and maintained in accordance with the city codes and other regulations governing such systems.

      (2)   Each manufactured home space provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet.

      (3)   The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.

   (LL)   Liquefied petroleum gas systems. Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable laws, codes and regulations governing such systems. Bulk storage and distribution system plans shall be submitted to the city for approval.

   (MM)   Fire protection.

      (1)   Manufactured home parks shall be kept free of litter, rubbish and other flammable materials.

      (2)   Portable fire extinguishers of a type approved by the Building Official shall be kept in service buildings and all other locations designated by the Building Official. Such extinguisher shall be maintained in good operating condition.

      (3)   Fires shall be made only in stoves, incinerators and other equipment intended for such purposes.

   (NN)   Responsibilities of the manufactured home park licensee.

      (1)   The licensee of a manufactured home park shall be responsible for operation of such park in compliance with the provisions of this chapter and shall provide adequate supervision to maintain such park, its facilities and equipment in good repair and in a clean and sanitary condition.

      (2)   The licensee shall be responsible for notifying park occupants of the applicable provisions of this chapter.

      (3)   The licensee shall be responsible for supervising the placement of manufactured homes or recreation vehicles on manufactured home spaces within the manufactured home park. The licensee shall be responsible for maintaining a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park for the enforcement of this chapter or any other ordinances of the city.

   (OO)   Responsibilities of park occupants.

      (1)   Manufactured home park occupants shall comply with all applicable provisions of this chapter, and each occupant shall maintain his or her manufactured home, manufactured home space, appurtenances and equipment in good repair and in a clean and sanitary condition.

      (2)   Each manufactured home park occupant shall be responsible for the proper placement of his or her manufactured home or recreation vehicle on the manufactured home space and for proper installation of all utility connections.

   (PP)   Restrictions on occupancy. A manufactured home or recreation vehicle shall not be occupied for dwelling purposes unless it is properly placed on a manufactured home space and properly connected to water, sewer, electrical and gas utilities, and other services that are required for the health and safety of the occupants.

   (QQ)   Duties of manufactured home park licensee and operator. In addition to the above, it shall be the duty of the licensee, owner, his or her agent, representative or operator to comply with the following:

      (1)   Permit regular inspection of water and sanitary conveniences.

      (2)   Provide for the collection and removal of garbage and other waste material.

      (3)   Prohibit the placing or storage of unsightly material or vehicles of any kind.

      (4)   Provide for the regular cleaning, painting, repairing and disinfecting of all units as needed.

      (5)   Take such other measures as may be deemed reasonably necessary by the City Council to preserve the health, comfort, and safety of all persons residing in the park and the general public.

      (6)   Report immediately to a law enforcement officer of the City of Willis or Montgomery County, Texas, all acts of disorderly conduct or other crimes committed by any person or persons inside the park.

      (7)   See that the rules and regulations of the park and city are made known to residents of the park.

      (8)   See that all manufactured homes are skirted to conceal the view of the undercarriage from all sides within 60 days of arrival, with color coordinated metal, vinyl or other quality materials as approved in advance of installation by operator. Fiberglass, galvanized or corrugated metal, plastic, pressboard, plywood or lattice are not acceptable. Lattice around the bottom of decks is acceptable if color coordinated with the home.

      (9)   No manufactured home may be moved into the park for refurbishing.

      (10)   All manufactured homes shall provide safe access to the front and rear exits of the manufactured home, including adequate front and rear steps, pursuant to OSHA safety regulations.

      (11)   No manufactured homes older than ten years shall be moved into a manufactured home park unless it has been inspected and approved for safety by a state-licensed building inspector or the Building Official.

      (12)   There shall be a 15 MPH speed limit sign posted at both entrances.

      (13)   No vehicle parking shall be allowed on the driveway. Emergency vehicles must be able to drive through at all times.

      (14)   No unsightly, damaged, rundown, or inoperative vehicles, diesel rigs, large trucks, or large commercial vehicles (over one and one-half tons) or equipment shall be allowed to park within the park.

      (15)   No abandoned vehicles of unknown ownership elevated on jacks without wheels or with flat tires shall be allowed within the park.

   (RR)   Eight manufactured home spaces per acre of unimproved land. No more than eight manufactured home spaces shall be situated per acre of unimproved land. UNIMPROVED LAND means land upon which no roadways or sidewalks have been constructed as well as other types of improvements. Other space and distance requirements in this chapter shall not conflict with this requirement.

   (SS)   Density requirements; more restrictive standards apply. In the enforcement of this density requirement, the more restrictive of the standards shall be applied in any situation to determine compliance with this chapter.

   (TT)   Additional construction. It shall be unlawful for any person operating a manufactured home park or occupying a manufactured home therein, to construct or permit to be constructed in such park any additional structure, building or shelter in connection with or attached to a manufactured home unit; except, however, awnings or canvas or metal, storage sheds, fences, porches, carports, manufactured home skirts, antennas and all other improvements or other suitable construction which may be attached to said manufactured homes, provided same are first checked and approved in writing by the Building Official. Workmanship of all porches, skirting, awnings, and sheds must be of good quality as determined by the Building Official.

   (UU)   Supervision. A responsible attendant or caretaker, owner or operator shall be in charge at all times to keep the manufactured home park, its facilities and equipment in a clean, orderly and sanitary condition. This person shall be answerable, with the licensee for any violation of the provisions of this chapter.

   (VV)   General provisions. Manufactured home subdivisions consist of developments which are exclusively designed for manufactured home occupancy. This class of development permits the use of lots which are of smaller width and area than standard residential development. Manufactured home subdivisions do not include manufactured home parks in which spaces are offered for lease only. Manufactured home parks need not be platted but must be approved, permitted and operated in accordance with the city's manufactured home park regulation. Manufactured home subdivisions must be platted in accordance with the provisions of the City of Willis Subdivision ordinance.

   (WW)   Minimum lots required. Manufactured home subdivisions must include a minimum of 20 lots. The minimum of 20-lot requirement applies regardless of whether or not the lots are 5,000 square feet in area, or greater, and otherwise satisfy the requirements for standard residential development.

   (XX)   Minimum width area. Manufactured home subdivision lots or spaces must have a minimum width of 40 feet and a minimum area of 4,200 square feet.

   (YY)   Compensating open spaces. Compensating open space in the amount of 250 square feet per lot is required for each manufactured home lot or space having an area of less than 5,000 square feet. Compensating open spaces must be configured and located so as to be generally accessible and conducive to use by the residents of the manufactured home subdivision. Compensating open spaces are not maintained by the city. Covenants, filed of record and running with the land shall impose the responsibility for maintenance of the common space areas upon the manufactured home park operator or of the lot owners within the subdivision. Voluntary payments for public park improvements may be made in lieu of the reservation of onsite open spaces. Payments in lieu of open space reservations must be in an amount equal to the average predevelopment value of a like quantity of land within the development. Payments made in lieu of open space reservations shall be used exclusively for the acquisition or improvement of public works.

   (ZZ)   Streets, drainage, lighting and utilities. Streets, drainage, lighting, and water and sewer service shall be provided in accordance with the provisions of the City of Willis subdivision ordinance.

   (AAA)   Combination of other housing forms prohibited. Manufactured home subdivisions must be devoted to the exclusive use of manufactured housing and may not be combined with other housing forms.

(Ord. 09-0721, passed 7-21-2009) Penalty, see § 155.999

   The zoning of property as "HD" High Density Residential is intended for various type of residential development, including conventional single- and two-family residences and multiple-family dwellings such as triplexes, town homes, condominiums, and apartments. The purpose of the "HD" District is to provide for the development of quality apartments in a high density setting, while ensuring livability, property values, open space, design quality and landscaping, safety and the general welfare of its residents. This district allows development up the 36 units per acres.

   (A)   Permitted uses. No building, structure, or land shall be used, and no building or structure shall be erected, constructed, reconstructed, moved or altered except for one or more of the uses identified below, subject to all applicable provisions of these zoning regulations.

      (1)   All uses permitted in R-1 Residential District.

      (2)   Multiple family dwellings such as triplexes, townhouses, condominiums, apartments, and accessory uses.

   (B)   Height and area regulations. The height of buildings, the minimum lot size and the minimum dimensions of yards in this district shall be as follows:

      (1)   Height. Structures shall not exceed 35 feet in height.

      (2)   Lot size. A lot in this district shall have not less than 7,500 square feet with a maximum of three units, and for each additional unit, 1,100 square feet shall be required.

      (3)   Location on lot. A structure shall be located not less than 25 feet from the front lot line, not less than ten feet from a side lot line, and not less than 25 feet from the rear lot line.

(Ord. 09-0721, passed 7-21-2009; Ord. 15-0818B, passed 8-18-2015) Penalty, see § 155.999

   The zoning of property as Planned Unit Development (“PUD”) permits the development as one project of areas of land that are sufficiently large to allow a site design for a number of structures or uses.

      (1)   Amendment of the zoning ordinance to designate a Planned Unit Development District shall be done in accordance with the procedures established in this chapter and in the Tex. Loc. Gov’t Code, Ch. 211.

      (2)   The City Council shall establish such conditions to apply in any Planned Unit Development District which it deems appropriate.

(Ord. 09-0721, passed 7-21-2009) Penalty, see § 155.999

   The zoning of property as “GC” General Commercial is intended to provide for a variety of commercial uses including wholesale sales and services, general retail and service businesses, and office uses. The zoning of a property as public is intended for a variety of non-profit uses including schools, churches, and city, county, state and federally owned facilities. Upon such time a public zoned property is sold for private use, the property shall be subject to re-zoning in accordance with this chapter.

   (A)   Permitted uses. No building, structure, or land shall be used, and no building or structure shall be erected, constructed, reconstructed, moved or altered except for one or more of the uses identified below, subject to all applicable provisions of these zoning regulations.

      (1)   All uses permitted in the R-1 and HD districts.

      (2)   Antique, camera and book stores.

      (3)   Bakeries.

      (4)   Barber and beauty shops.

      (5)   Coin operated laundries.

      (6)   Dry cleaning shops, customer pick-up and delivery only.

      (7)   Florist shops.

      (8)   Libraries.

      (9)   Membership organizations.

      (10)   Museums and galleries.

      (11)   Offices, including medical, legal, professional and other similar office uses.

      (12)   Post offices.

      (13)   Restaurants, not including drive-through or drive-in service or the sale of alcoholic beverages for consumption on the premises.

      (14)   Shoe repair shops.

      (15)   Studios-art, teaching, dance, music, drama, photography.

      (16)   Appliance and home furnishing stores.

      (17)   Automotive sales, new or used, leasing, service and repair shops, including parts supply stores and auto bodywork shops.

      (18)   Banks, credit unions, and other depository institutions.

      (19)   Boat/RV storage, sales, leasing and service establishments.

      (20)   Bowling alleys and other entertainment centers.

      (21)   Car washes.

      (22)   Cemeteries, funeral homes, mortuaries, and crematories.

      (23)   Child day care services.

      (24)   Commercial printing shops.

      (25)   Computer stores and related services.

      (26)   Convenience stores (with or without gasoline sales).

      (27)   Dry cleaning services.

      (28)   Equipment rental and leasing establishments.

      (29)   Flea markets.

      (30)   Food stores, all types.

      (31)   Gasoline service stations, including mechanical repair.

      (32)   General merchandise stores, including department and variety stores.

      (33)   Golf courses, including miniature courses and golf driving ranges.

      (34)   Hardware stores.

      (35)   Hospitals, clinics, or sanitariums.

      (36)   Hotels, motels, rooming and boarding houses, and other lodging places.

      (37)   Lumber and building material dealers-retail.

      (38)   Office buildings, all types.

      (39)   Office/warehouses providing:

         (a)   The office portion occupies at least 10% of the total building area of the office/warehouse.

         (b)   Any businesses or occupancies involving maintenance, manufacturing, fabrication, assembly, or similar processes. Such activities shall be limited to indoors only.

         (c)   No parts, raw materials, equipment or inventory shall be stored outdoors without being completely screened from public view in a manner that is architecturally compatible with the surrounding buildings; such outdoor storage yard shall not exceed in area, the area of the building the yard is associated with.

      (40)   Commercial and nonprofit recreation facilities, including assembly facilities and sports and recreation clubs.

      (41)   Pawn shops.

      (42)   Plumbing shops.

      (43)   Radio and television broadcasting stations or studios.

      (44)   Repair shops, miscellaneous.

      (45)   Restaurants, including drive-through or drive-in service and the sale of alcoholic beverages for consumption on the premises.

      (46)   Retail nurseries.

      (47)   Retail stores, not elsewhere classified.

      (48)   Storage facilities.

      (49)   Taxidermies.

      (50)   Theaters.

      (51)   Upholstery shops, not including furniture manufacturing facilities.

      (52)   Veterinary clinics and kennels, excluding outdoor runs and provided that no building or kennel shall be closer than 50 feet to any residential district.

      (53)   Video stores.

      (54)   Water bottling operations.

      (55)   Wholesaling and warehousing establishments, limited to uses that are similar and no more objectionable than the uses enumerated in this district.

      (56)   Places of worship.

      (57)   Schools.

      (58)   Places of assembly or recreation, including parks, stadiums and theaters.

      (59)   The above uses are not intended to be all-inclusive. Additional commercial and noncommercial uses may be permitted, which are similar, have comparable impact on adjacent property, and correspond with the purpose and restrictions of this district.

   (B)   Height and area regulations. The height of buildings, the minimum lot size and the minimum dimensions of yards in this district shall be as follows:

      (1)   Height. Height shall be governed by the current adopted version of the International Building Code.

      (2)   Lot size. A lot in this district shall comply with the lot size requirements of the city subdivision regulations found in § 154.37.

      (3)   Location on lot. A structure shall be located not less than 25 feet from the front lot line, not less than ten feet from a side lot line, and not less than ten feet from the rear lot line.

(Ord. 09-0721, passed 7-21-2009; Ord. 13-1119, passed 11-19-2013; Ord. 14-0715A, passed 7-15- 2014; Ord. 15-0818B, passed 8-18-2015; Ord. 18-0918, passed 9-18-2018) Penalty, see § 155.999

   The zoning of property as "GI" General Industrial is intended to provide for a wide variety of light and heavy industrial uses including office warehousing, manufacturing, and product assembly. Most activities shall occur inside a building, however, outside storage of materials and displays may be permitted subject to performance standards.

   (A)   Permitted uses. No building, structure, or land shall be used, and no building or structure shall be erected, constructed, reconstructed, moved or altered except for one or more of the uses identified below, subject to all applicable provisions of these zoning regulations.

      (1)   Agricultural related mill products-manufacturing.

      (2)   Apparel and other finished products-manufacturing.

      (3)   Boat/RV storage, sales, leasing and service.

      (4)   Bottling operations.

      (5)   Chemical and allied products.

      (6)   Drugs and pharmaceutical products manufacturing.

      (7)   Electrical appliances and equipment manufacturing.

      (8)   Electronic components and accessories-manufacturing.

      (9)   Equipment sales, leasing and service.

      (10)   Food and kindred product manufacturing.

      (11)   Furniture and fixtures manufacturing.

      (12)   General building contractors, including heavy construction contractors.

      (13)   General warehousing and storage.

      (14)   Industrial machinery and equipment, including transportation.

      (15)   Laboratories, medical and dental.

      (16)   Leather product manufacturing.

      (17)   Linen suppliers.

      (18)   Lumber and building materials yards.

      (19)   Lumber and wood products manufacturing.

      (20)   Machinery, equipment and supplies-wholesale distribution.

      (21)   Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks; manufacturing.

      (22)   Motor freight transportation and warehousing facilities.

      (23)   Oil field equipment storage and sales.

      (24)   Paper and allied paper products.

      (25)   Petroleum products, (bulk) storage and dispensing.

      (26)   Printing and publishing industries.

      (27)   Research and testing services.

      (28)   Stone, clay, and glass products-manufacturing, storage and distribution.

      (29)   Storage facilities.

      (30)   Textile mill products-manufacturing.

      (31)   Tobacco products-manufacturing.

      (32)   Trucking and other courier services.

      (33)   Veterinary clinics and kennels with outdoor runs, provided that no kennel or building shall be closer than 50 feet to any residential district.

      (34)   Welding and machine shops.

      (35)   Wholesale and warehouse distribution centers.

      (36)   Wholesale trade; durable goods: furniture, lumber and construction materials, commercial equipment and supplies, electrical goods, hardware, and miscellaneous durable goods.

      (37)   Wholesale trade; non-durable goods: paper products; drugs; apparel; groceries and related products; beer, wine, and distilled alcoholic beverages; and miscellaneous nondurable goods.

      (38)   The above uses are not intended to be all-inclusive. Additional industrial uses may be permitted, which are similar, have comparable impact on adjacent property, and correspond with the purpose and restrictions of this district.

   (B)   Height and area regulations. The height of buildings, the minimum lot size and the minimum dimensions of yards in this district shall be as follows:

      (1)   Height. Height shall be governed by the current adopted version of the International Building Code.

      (2)   Lot size. A lot in this district shall comply with the lot size requirements of the city subdivision regulations found in § 154.37.

      (3)   Location on lot. A structure shall be located not less than 25 feet from the front lot line, not less than ten feet from a side lot line, and not less than 25 feet from the rear lot line.

(Ord. 09-0721, passed 7-21-2009; Ord. 13-1119, passed 11-19-2013; Ord. 15-0818B, passed 8-18- 2015) Penalty, see § 155.999

   (A)   A home occupation is permitted as an accessory use in a residential dwelling if it meets the following conditions:

      (1)   The home occupation use does not exceed more than 50% of the gross floor area of the principal building;

      (2)   It does not employ a person who does not reside in the residence;

      (3)   An entrance is not specifically dedicated for the home occupation;

      (4)   An alteration is not made that changes the character or appearance of the dwelling;

      (5)   It does not require or use outdoor storage or the display of materials, merchandise, goods or equipment;

      (6)   No sign or signage advertising the home occupation shall be permitted on the premises;

      (7)   It does not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one ton step-up van or similar sized trucks;

      (8)   It does not create or cause any perceptible noise, odor, smoke, electrical interference or vibrations to emanate from the premises;

      (9)   It is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence; and

      (10)   The occupation shall be operated in accordance with all applicable laws and, if a state permit is required, such permit shall be obtained prior to beginning operation.

   (B)   Home occupations may include, but are not limited to, the following:

      (1)   Accountant;

      (2)   Architect;

      (3)   Author;

      (4)   Clergy;

      (5)   Computer programmer or analyst;

      (6)   Consultant;

      (7)   Craftsmen, including artists;

      (8)   Lawyer;

      (9)   Licensed daycare center and homes (12 children or less);

      (10)   Photographer;

      (11)   Real estate broker;

      (12)   Salesperson;

      (13)   Seamstress or tailor;

      (14)   Secretary or bookkeeper;

      (15)   Teacher.

(Ord. 09-0721, passed 7-21-2009) Penalty, see § 155.999

   (A)   No use of private or public property, whether it be residential, business, commercial or industrial, shall be permitted if that use is so obnoxious or offensive as to be reasonably calculated to disturb persons of ordinary temper, sensibilities and disposition by vibration, noise, view or the emission of odor, dust, smoke or pollution of any other kind.

   (B)   No use of public street right-of-way or public sidewalk or adjacent property, either private or public, shall be permitted if that use inhibits or hinders the movement of normal traffic on that street or sidewalk.

   (C)   City maintenance personnel must be allowed free access to utility easement and street rights-of-way so they can perform maintenance and repair of utility systems.

      (1)   No buildings or structures of any type or size, other than fences, shall be permitted on utility easements.

      (2)   If fences are located on utility easements, city maintenance personnel may remove such fences at any time for the purpose of gaining access to utility systems, and no liability will be incurred for damages to, repair of or replacement of such fences.

   (D)   Any building which has been damaged by fire or other causes to the extent of more than 50% of its value shall be rebuilt in conformity with this article, as though it were a new building, or removed. The building shall be secured from entrance by any unauthorized persons within 24 hours after all embers are extinguished. A building permit is required before removal, repair or reconstruction commences which shall be started within 60 days of the date the damage occurs and shall be completed within a reasonable time, but not later than 150 days after the damage occurs. Before occupancy will be permitted a certificate of occupancy shall be required.

   (E)   Abandoned streets. Whenever any street is abandoned, the boundaries of any districts that lie along one side of each street are automatically extended to the centerline of such street.

   (F)   Storage of vehicles held for sale. Vehicles held for sale, lease or rental in any business or industrial district shall not be parked or stored on unpaved surfaces.

   (G)   Platted lot to be size prescribed by this chapter. No platted lot shall be reduced in size and no lot area shall be reduced or diminished so that the lot size or the yards shall be smaller than prescribed by this chapter.

   (H)   Drilling operations to be conducted in industrial district. No oil, gas or other mineral exploration, production or drilling operations for minerals of any kind shall be conducted on any lot or parcel of land within the city except in an industrial district.

   (I)   Buffering. Bufferyards will be required on the perimeter, or parts thereof, of a nonresidential development adjoining or surrounding residential developments in conjunction with the screening requirements provided below. Bufferyards shall be provided to protect the adjacent residential properties from environmental impact of the nonresidential facility such as visual blight, parking or roadway illumination, headlights, noise, blowing paper and dust and service areas.

   (J)   Maintenance, fabrication and repair. Maintenance, fabrication and repair of equipment or machinery and manufacturing, processing and assembly of materials, products and goods shall be performed only on a paved area located within the building lines of a lot, whether within or outside of a building.

(Ord. 09-0721, passed 7-21-2009; Ord. 15-0818C, passed 8-18-2015) Penalty, see § 155.999