This chapter is adopted pursuant to the police powers of the City and under the authority of the Constitution and general laws of the state, including particularly Tex. Local Gov't. Code Ch. 211.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

This chapter shall be known, and may be cited, as the "Zoning Ordinance of the City of Woodcreek, Texas".

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

The primary purposes of this chapter are to promote the public health, safety, morals and the general welfare of the City and its present and future residents; provide reasonable regulations and requirements to protect, preserve, improve and provide for the public health, safety, morals and general welfare of the present and future citizens of the City; and to establish a framework of zoning guidelines and criteria which will provide for and support the development of a quality living and work environment by incorporating provisions requiring all future development and redevelopment to provide a compatible plan for residential, commercial and industrial uses, while providing reasonable protections for both the public and persons having an ownership interest in property affected by these regulations.

(B)

This chapter should be administered and applied to result in development superior to that otherwise achievable and to promote the following purposes:

(1)

Assist the safe, orderly, healthful and coordinated development of the City;

(2)

Conserve existing and future neighborhoods;

(3)

Protect and conserve the value of real property throughout the community;

(4)

Conserve, develop, protect, and utilize natural resources, as appropriate and consistent with the public interest, to enhance the preservation of the environment;

(5)

Protect and preserve places and areas of historical and cultural importance and significance to the community;

(6)

Prevent the overcrowding of land and avoid undue concentration of population or land uses, thereby encouraging high quality development and innovative design;

(7)

Lessen congestion in the streets and provide convenient, safe and efficient circulation of vehicular and pedestrian traffic;

(8)

Facilitate the adequate and efficient provision of transportation, water and wastewater service, schools, parks, emergency and recreational facilities, and other public requirements;

(9)

Promote economic development through an efficient and practical means by which development will promote a prosperous economic environment;

(10)

Promote compatible residential, commercial and recreational uses to harmoniously relate future development and redevelopment to the existing community and facilitate the development of adjoining properties;

(11)

Standardize the procedure and requirements for zoning, building permits and certificates of occupancy to provide administrative efficiency and property owner rights; and

(12)

Provide the context for the appropriate reconciliation of any differences of interest among property owners, developers, neighborhoods and the City.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

The requirements of this chapter shall apply to all property within the City; provide a voluntary guide for the development of property within the extraterritorial jurisdiction in order that such property may be developed in a manner consistent with neighboring areas and existing or planned infrastructure; and be construed and applied in a manner to give effect to the City Master Plan. This chapter has been made with reasonable consideration among other findings, for the character of the district and its peculiar suitability for the particular uses specified and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City consistent with the City's Master Plan. Nothing herein shall be construed to grant a permanent zoning.

(B)

The intent of this chapter is to supplement the minimum standards for the development of land within the City as contained in §§ 151.01 through 151.13 and Ch. 155 of this Code of Ordinances. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. Such will produce a monotonous urban setting and is not encouraged.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

The provisions of this chapter shall, except as specifically provided otherwise in this chapter, apply to all land within the jurisdiction of the City.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

The provisions of this chapter shall not;

(A)

Prohibit the continuation of plans, construction or designed use of a building for which a building permit was lawfully issued; provided that:

(1)

The building and construction are completed in their entirety within one year from the effective date of this chapter; and

(2)

The construction shall have been started within 90 days after the effective date of this chapter. Such building, construction or use that is not in compliance with this chapter shall be a non-conforming use.

(B)

Apply to permits or commitments given by the City with reference to construction of public utility buildings prior to the passage of this chapter; provided, the buildings and construction are completed within one year from the effective date of this chapter.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

No building permit or certificate of occupancy shall be issued by the City for or with respect to any lot, tract or parcel of land within the City limits that is developed, or proposed to be developed, after the effective date of this chapter, until all of the applicable requirements of this chapter have been satisfied and accepted by the City.

(B)

This chapter may be further enforced by injunction and other judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken, any violation of any term or provision of this chapter, with respect to any land or development within the City, is subject to fines and penalties set forth by the City Council.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

Purpose.

(1)

The site plan review is designed to enable the Planning and Zoning Commission and City Council to determine that the proposed development meets the intent and requirements of the Master Plan and this chapter. Site plans are required for all zoning districts with the exceptions of SF-1, SF-2, SF-3, SF-4, SF-5 and SF-6.

(2)

The proposed site plan review does not affect the requirement that the applicant submit full building plans to the City to enable the Building Inspector to determine that the proposed development complies with all applicable ordinances and regulations.

(B)

Fees. The applicant shall pay a fee, the amount thereof to be determined by the City Council, said fee to pay the costs incurred by the City in review of all plans required to be submitted by the applicant.

(C)

Materials to be submitted. All maps shall be drawn to scale and of a size sufficient to clearly show the required information:

(1)

A map showing the location of the property, the use of adjacent property and the location and names of adjacent streets;

(2)

Photographs of the property and adjacent land uses and structures;

(3)

A plot plan showing the dimensions and boundaries of the property;

(4)

A detailed plan showing the proposed development of the property including location and use of all buildings, parking areas, recreational areas, access roads, driveways, lighting fixtures and other development;

(5)

A copy of the above identified detailed plan showing the dimensions of structures, parking spaces (with specific identification of handicapped accessible parking spaces), access roads, setbacks, recreational facilities, curb cuts, any off-site work or facilities that will be necessary, driveways, erosion control proposed during and after construction, and all other physical development;

(6)

A copy of the above identified detailed plan showing proposed drainage patterns and facilities including surface drainage, storm sewers, detention ponds, channel or paving sections and any other aspects of drainage;

(7)

A copy of the above identified detailed plan showing the proposed system for disposal of waste products;

(8)

A letter from all utility companies which will supply services to the complex specifically stating that they are capable of providing, and will provide, required utilities to the development. The letters must specifically identify the development and the number of proposed units;

(9)

Elevations of all structures including materials to be used;

(10)

Floor plans of all buildings within the proposed development showing the uses of floor space within each building;

(11)

Floor plans, including dimensions, of all sizes and types of dwelling units to be offered within the development (one floor plan for each type or size of unit);

(12)

Detailed drawings of recreational facilities, including required provision of shelters between said recreational facilities and adjacent property;

(13)

A landscape plan showing landscaping proposed to be developed;

(14)

A summary page specifically relating development requirements of this chapter to the proposed development in a tabular form sufficient to enable the Commission and Council to determine that the proposed development meets all requirements of this chapter; and

(15)

Any additional material or information determined by the Commission or Council to be required after review of the above documentation and identification of matters of concern.

(D)

Schedule of review. The following schedule shall be effective upon submission by the applicant of all required information as described above.

(1)

All site plans should be submitted to the City Manager or their designated representation, by the Commission and their recommendations should be submitted verbatim to Council with the Commission recommendations.

(2)

The Commission should submit a recommendation to Council not more than 60 days from the date of the first regular Commission meeting following submission of all documentation by the applicant.

(3)

Council should review and act upon the request not more than 60 days from the date of the first regular Council meeting following receipt of the recommendation of the Commission.

(E)

"Site plan specific" action. Approval of a site plan applies only to the specific site plan approved by the City. Any change to said site plan requires that the City be notified prior to implementation of the change and provided with information deemed by the City to be sufficient to enable the City to evaluate and approve, disapprove or require modification of, the proposed change, deviation of the development from the approved site plan without the specific approval of the City is a violation of approval of the site plan and said action shall result in immediate referral of the violation to the City Attorney for appropriate legal action.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future tense. Words used in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory. The word "herein" means in this chapter. The word "regulations" means the provisions of any applicable ordinance, rule, regulation or policy. The word "person" means any human being or legal entity and includes a corporation, a partnership and an incorporated or unincorporated association. The words "used or occupied", as applied to any land or building, shall be construed to include the words intended, arranged or designed to be used or occupied. Any definition not expressly prescribed herein shall, until such time as defined by ordinance, be construed in accordance with customary usage in municipal planning and engineering practices.

Above-ground pool. A swimming pool more than the depth allowed by the most current copy of the International Residential Code on file in the office of the City Secretary which is designed or constructed in a manner where the major part of the primary water basin extends above the ground level of the land and soil abutting the swimming pool; is portable versus permanent in design, fails to meet the test of being operated in a manner which would not be hazardous or obnoxious to adjacent property owners; would be distinguishable by any reasonably prudent person to be something other than an "in-ground" swimming pool; and is clearly not a hot tub, spa or kiddy pool which are not designed to be swimming pools.

Access. A way of approaching or entering a property.

Accessory structure. In a residential district, a subordinate building detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, golf cart storage, tool house, home workshop, bath house, children's playhouse (larger than 4'x 6'), or storage shed. Accessory structure does not include buildings that are 4' x 6' or less, such as a hobby greenhouse (no business), children's playhouse, dog house or garden shelter, but not involving the conduct of a business or occupancy by any long-term or paying guest.

Accessory use. A use that is customarily a part of the principal use, a use which is clearly incidental, subordinate and secondary to the permitted use, and which does not change the character thereof, including, but not limited to, garages, bathhouses, greenhouses or a storage or tool shed. See accessory structure.

Adjacent. Abutting and directly connected to or bordering.

Amortization. A method of eliminating non-conforming uses by requiring the termination of the non-conforming use after a specified period of time.

Annexation. The incorporation of land area into the City with a resulting change in the boundaries of the City.

Applicant. A person applying for zoning approval under this chapter.

Approval. The final approval in a series of required actions. For instance, the approval date of a planned unit development zoning application is the date of Council approval of the final site plan.

Billboard. A sign advertising products not made, sold, used or served on the premises displaying such sign, or a sign having a height greater than 12 feet or a width greater than 18 feet, including supports.

Board. The Board of Adjustment of the City of Woodcreek, Texas.

Board of Adjustment. A committee appointed by the Council to consider appeals from certain administrative actions pursuant to Tex. Local Gov't. Code § 211.008 and that is given the authority set forth in this chapter and in Tex. Local Gov't. Code § 211.009.

Buffer. An area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms and/or fences, and designed to limit views and sound from the site to adjacent properties and vice versa.

Building. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate Building.

Building Area. The gross area covered by a structure when placed on the lot.

Building Ordinance. The City's Building Ordinance (§§ 151.01 through 151.13 of this Code of Ordinances) and related ordinances of the City providing standards, requirements and regulations for site development and the construction and erection of buildings and structures within the City, including those published by the International Code Council on file in the Office of the City Secretary.

Building Permit. A permit issued by the City which is required prior to commencing construction or reconstruction of any structure.

Building Plot. The land, lot, lots or tract of land upon which a building or buildings are located, or upon which they are to be constructed, including yards.

Building Setback Line. A line or lines designating the interior limit of the area of a lot within which structures may be erected. The building lines generally provide the boundaries of the buildable area of any given lot and no structure or building may be erected between a building and the corresponding lot line.

Bulb. A light-emitting device or structure containing a light source. This includes but is not limited to a lamp.

Carport. A structure with one or more open sides, covered with a roof. (See Garage definition).

Church or Rectory. A place of worship and religious training of recognized religions including on site housing of ministers, rabbis, priests, nuns and similar staff personnel.

City. The City of Woodcreek, Texas.

City Council or Council. The City Council of the City.

City Limits or Within the City. The, or within the, incorporated boundaries of the City.

City Manager/Administrator. The chief administrative officer designated by ordinance, or his or her designated representative.

City Staff. The officers, employees and agents of the City assigned and designated from time to time by the City Manager/Administrator and/or Council, including, but not limited to, the Director of Public Works, to review, comment and/or report on zoning applications.

City Standard Details and Specifications. A library of City-approved drawings and technical data representing typical drainage, transportation, erosion and sedimentation control, and utility appurtenances to be constructed for City acceptance.

Commission. The Planning and Zoning Commission of the City.

Conditional Use. An additional use which may be permitted in a district, subject to meeting certain conditions or procedures established by the City Council. No Conditional Use shall be permitted in any location where it will be inconsistent with the existing adjacent and nearby uses.

Contiguous. Property that is immediately adjacent to another property and property whose lines are separated by only a street, alley, easement, right-of-way or buffer.

Corner Lot. A lot located at the intersection of and abutting on two or more streets.

Correlated Color Temperature. The specification of the color appearance of light emitting by a lamp, relating its color to the color of light from a reference blackbody source when heated to a particular temperature, measure in degrees Kelvin (K).

Country Club. An area of 20 acres or more containing a golf course and clubhouse and available by private or semi-private membership, such as a Club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.

County. Hays County, Texas.

County Appraisal District. The Hays County Appraisal District.

Day Camp. A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.

Developed Area. The portion of a lot, easement or parcel upon which a building, structure, pavement or other improvements have been placed.

Developer. The legal owner of land to be improved and/or subdivided or his or her authorized representative.

Diffusing Lens. A translucent enclosure which surrounds a light source and through which there can be seen no semblance of an image of the light source. To provide a sufficiently wide distribution of light, a lens meeting this definition shall have a minimum cross-section, as seen from any angle, of not less than 0.125 square inch per lumen of enclosed light source emission.

Director of Public Works. The Director of Public Works or his or her designated representative.

District. A zoned section or sections of the City for which regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

Double Frontage Lot. See Reverse Frontage Lot.

Drive Approach. A paved surface connecting the street to a lot line.

Driveway. A hard, impervious surface such as hot-mix asphalt or concrete surface connecting a drive approach with a parking space, parking lot, loading dock or garage.

Dwelling. Any building or portion thereof built on-site which is designed for or used exclusively for residential purposes.

Dwelling (Single-Family). A detached building having accommodations for occupancy by not more than one family.

Dwelling Unit. A building or portion of a building arranged, occupied or intended to be occupied as residential unit designed to accommodate one household for living, sleeping, eating, cooking and sanitation.

Easement. A grant by the property owner of the use of a strip of land for staled purposes.

Efficacy. As an engineering term, the emission of light by a light source expressed in lumens per watt. In the absence of manufacturers' ratings, or at the discretion of the City, the efficacy and light emission of lamps shall be calculated as follows:

(1)

Common tungsten incandescent: 12 lumens per watt;

(2)

Halogen incandescent: 18 lumens per watt;

(3)

Metal halide: 82 lumens per watt;

(4)

High pressure sodium: 82 lumens per watt;

(5)

Fluorescent tubes: 75 lumens per watt; and

(6)

LED: 50-150 lumens per watt.

Environment. The aggregate of social and physical conditions that influence the life of the individual and/or community.

Exterior Side Yard. A yard which faces and is parallel to a side street.

Extraterritorial Jurisdiction or ETJ. The geographic area outside the corporate boundaries of the City as established pursuant to Tex. Local Gov't. Code §§ 42.021 and 42.022.

Family. Any number of individuals living together as a single housekeeping unit, in which not more than three individuals are unrelated by blood, marriage, adoption or guardianship, and occupying a dwelling unit.

Fence. A structure serving as an enclosure, a barrier or a boundary, usually made of posts or stakes joined together.

Fencing, Small-Animal. Metal fencing with the open area between the wires measuring no less than six inches. Wire thickness shall not exceed 0.1 inch.

Filing Date. With respect to zoning applications, the date of the first public hearing before the Commission regarding such zoning application.

Fixture. An outdoor lighting assembly containing 1 or more lamps and including any lenses, reflectors, and shields designed to direct the light in a defined manner.

Floor Area. The total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, carports or garages.

Floor Area Ratio (FAR). The maximum square footage of total floor area permitted for each square foot of land area. The ratio between the total square feet of floor area in all buildings located on a lot and the total square feet of land in the lot or tract on which the buildings are located.

Floodplain. The land lying within a stream channel or adjacent to a stream channel within which flooding frequently occurs, the elevation above sea level of which shall be as established by the City and made of record. It is land which is required to be kept open and non-urbanized in order to maintain upstream floodplain characteristics and ensure continued adequate drainage of adjacent land.

Foot Candle. As an engineering term, a unit of light intensity equal to 1 lumen per square foot, which applies to the brightness of light on a surface or at a point in space.

Front Yard. A space extending the full width of the lot between any building set back line and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.

Frontage. The side of a lot, parcel or tract of land abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot.

Frontage Block. All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Full Horizontal Cut-Off Fixture. A fixture that confines the light entirely below a horizontal plane running through the lowest of: the lowest point from which light is emitted, or the lowest part of any lens, or the lowest point of any specular reflector.

Garage. A four-sided structure, fully enclosed on three sides, with a door on the fourth side, with a roof and concrete floor, accessible by a hard-surface driveway. See § 156.063 of this chapter for garage requirements by zoning district. A two-car garage shall be a minimum square footage of 400 square feet (20' x 20') and a single car garage shall be a minimum square footage of 200 square feet (10' x 20').

Glare. The effect of light shining directly in the eyes such as occurs when there is a line of sight to the light source.

Golf Course (Commercial). A golf course or driving range privately owned, but open to the public for a fee and operated as a commercial venture.

Governing Body. The City Council of the City of Woodcreek.

Greenbelt. Any area that has been platted or otherwise dedicated to the public as a greenbelt or otherwise with the intent to establish and preserve peaceful, attractive, natural or undisturbed areas adjacent to residential districts. Permitted uses include hiking, jogging and non-motorized biking and nature trails, accessory structures and uses incidental to the foregoing uses. A Greenbelt is also any land area that is owned by the public or the property owners' association and generally maintained with substantial vegetation in place, with or without enhancement by landscaping and planting and without improvements other than trails and similar low-impact recreational and public uses to enhance the aesthetic quality of the community, screen or partially screen and separate properties, uses or facilities. A Greenbelt is a part of the community landscaping and is generally adjacent to and parallel with a property line, right-of-way, creek or other drainage, consisting of existing natural vegetation or created by the use of trees, shrubs and/or berms, and designed to limit views and sound from the site to adjacent properties and vice versa, aid or benefit drainage or water quality and any other compatible public purpose authorized by the City Council.

Height. The vertical distance from the highest point on a structure to the average ground elevation where the foundation meets ground.

Home Occupation. A traditional home office occupation having the owner as the only employee, with no outward appearance of the existing occupation and not being commercial in nature.

Impervious Cover. Roads, parking areas, buildings, swimming pools, rooftop landscapes and other construction limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, all streets and pavement within the development.

Improvements. Any street, alley, roadway, barricade, sidewalk, bikeway, pedestrian way, water line system, wastewater system, storm drainage network, public park land, landscaping or other facility or portion thereof for which the local government may ultimately assume responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established.

Initial Lumens. The manufacturer-specified number of lumens of light generated by a lamp at the beginning of its service lifetime, not accounting for losses associated with lamp age.

Interior Lot. A lot other than a corner lot and bounded by a street on only one side.

Lamp. A light-emitting device or a structure containing a light source. This includes but is not limited to a bulb.

Legal Lot. A lot recorded in the official county records pursuant to and in compliance with the subdivision regulations and/or state law in effect at the time of the creation of the lot.

Light Source. Any device or element which emits light.

Light String. The number of bulbs connected with wire in a linear or two-dimensional array, not contained in the structure of a fixture, used either for illumination or decoration, and supported in any manner.

Light Trespass. Any horizontal or vertical illumination on a property from light sources on another property that exceeds 0.1 footcandles on a residential or unzoned district or 0.5 footcandles on a non-residential district. The measurement shall be made four feet above the ground at a point four feet inside the property line.

Lighting Installation. All outdoor lighting fixtures and light sources on a property.

Line of Sight. As it applies to the visibility of a light source, a straight unobstructed line from any point on a property four feet or more above the ground to a light source on another property.

Lot. A separate parcel of land, created by the division or subdivision of a block or other parcel, intended as a unit for transfer of ownership, or for development, or for occupancy and/or use, platted in compliance with state law. See also Legal Lot.

Lot Depth. The average horizontal distance between the front and rear lot lines.

Lot Lines. The lines bounding a lot, as defined herein.

Lot Width. The average horizontal distance at the front building setback line of a lot.

Lumen. As an engineering term, a unit of light flux, which applies to the amount of light emitted by a lamp.

Lumens Per Acre. The total number of initial lumens produced by all lamps utilized in outdoor lighting on a property divided by the number of acres, or part of an acre, with outdoor illumination on the property.

Master Plan. The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services.

Neighborhood. The area of the City characterized by residential land uses which is bounded by physical (such as river, major street, lack of access, buffer) and/or political features (such as voting districts, subdivision boundaries).

Neighborhood Park. A publicly-owned parcel of land, within a subdivision, dedicated solely for recreational uses and maintained by the City or under authority granted by the City.

Non-Conforming Lot. A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

Non-Conforming Structure or Building. A structure or building the size dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

Non-Conforming Use. Any building, structure or land lawfully occupied by a use or lawfully existing at the time of passage of this chapter or amendments thereto, which does not, by reason of design or use, conform after the passage of this chapter or amendments with the regulations of the chapter or amendment.

Occupancy. The use or intended use of land or a building by any person.

Occupant Car Ratio (OCR). The minimum number of parking spaces without parking time limits required for each living unit, establishment or use.

Official County Records. The official records of Hays County, Texas.

Off-Site Improvements. Any required improvement which lies outside of the property being developed.

Off-Street Parking Space. An area of privately-owned land not less than ten (10) feet by twenty (20) feet not on a public street or alley, with an all-weather surface. A public street shall not be classified as such, nor shall head-in parking adjacent to a public street and dependent upon such street for maneuvering space; provided that, not more than 25 percent of any required off-street parking spaces may be compact parking spaces of not less than 128 square feet exclusive of the driveways connecting said space with the street or alley.

One-Hundred (100-) Year Floodplain. See Regulatory 100-YEAR Floodplain.

Open Space. An area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky, except for the ordinary projections of cornices, eaves, porches and plant material.

Open or Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, in the same place for more than 24 hours.

Park or Playground. An open recreation facility or park owned and operated by a public agency such as the City or the school district and available to the general public for neighborhood use, but not involving lighted athletic fields for nighttime play.

Parking Space. An area that is not a street, alley or public right-of-way that is used or designed to be used for motor vehicle parking, that is not less than ten feet by 20 feet, exclusive of the driveways connecting said space with a street or alley. Said parking space and connecting driveway shall be durably surfaced and so arranged to permit satisfactory ingress and egress of an automobile. Compact parking spaces shall be 128 square feet exclusive of the driveways connecting said space with the street or alley.

Paved Area. An area surfaced with asphalt, concrete or similar pavement, providing an all-weather surface. Gravel is not an acceptable paved surface.

Performance Standard. A set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.

Permit Issuing Authority. The City officer, employee or agent designated by lawful authority to issue the applicable permit.

Permitted Use. A use specifically allowed in the applicable zoning districts without the necessity of obtaining a conditional use permit.

Person. Any human being or legal entity and includes a corporation, a partnership and an incorporated or unincorporated association.

Primary Structure. A structure in which the principal use of the lot is conducted. For example, for single-family residential lots, the house is the primary structure.

Privacy Fence. An opaque fence or screen no more than six feet in height. A fence shall be considered opaque if it is made of opaque materials and constructed so that gaps in the fence do not exceed one-half inch. Fences using boards placed on alternating sides of fence runners shall be considered opaque if the boards overlap at least one-half inch.

Public. With respect to land and interests in land within the City limits, the City; with respect to land and interests in land within the ETJ limits, the general public; and, with respect to the provision of any services or products by a business establishment, the general public.

Public Grounds or Building. A facility such as office buildings, and maintenance yards and shops required by branches of local, state or federal government for service to an area such as highway department yard or a City, county or school service center.

Public Use. Places of non-commercial public assembly or administrative functions where the primary activity is contained within a building(s), including, but not limited to, churches, schools and government buildings.

Rear Yard. A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.

Regulatory 100-YEAR Floodplain. The 100-year floodplain, as defined by the Federal Emergency Management Act (FEMA).

Required Yard. The open space between a lot line and the buildable area within which no structure shall be located, except as provided for herein.

Reserve Strip. A narrow strip of property usually separating a parcel of land from a roadway or utility line easement, that is characterized by limited depth which will not support development and which is intended to prevent access to the roadway or utility easement from adjacent property and which are prohibited by these regulations unless their control is given to the City.

Reverse Frontage Lot. A double frontage lot which is to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street.

Right-of-Way. A strip of land occupied or intended to be occupied by street, crosswalk, railroad, road, electric transmission line or oil or gas pipe line, water main, sanitary or storm sewer main, or for other similar purpose or use. The usage of the term Right-of-way, for land platting purposes, shall mean that every right-of-way thereinafter established and shown on the final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way intended for streets, crosswalks, water mains, wastewater lines, storm drains or any other use involving maintenance by a public agency shall be dedicated to the public by the maker of the plat where such right-of-way is established.

Safety Services. A facility to conduct public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

Same Ownership. Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations in which a stock holder, partner or associate or a member of his or her family owns an interest in each corporation, firm, partnership, entity or unincorporated association.

School (Public or Denominational). A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.

Setback Line or Building Setback Line. A line which marks the setback distance from the property line, and establishes the minimum required front, side or rear yard space of a building plot.

Short Term Rental. A rental of a residential structure or part of a residential structure for fewer than 30 consecutive days.

Shrub. Any self-supporting woody evergreen and/or deciduous species.

Side Yard. A space extending from the front yard to the rear yard between the setback line and the side lot line measured perpendicular from the side lot line to the closest point of the setback line.

Sign. Any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected, illuminated or in any manner outlined or attached and used for advertising purposes.

Single-Family, Attached. The use of a series of sites for two or more dwelling units, constructed with common or abutting walls and each located on a separate lot within the total development site.

Single-Family, Detached. The use of a lot for only one dwelling unit.

Single-Family Dwelling. A building designed for or occupied exclusively by one household. See Single-Family, Detached.

Site Plan. A plan showing the use of the land, to include locations of buildings, drives, sidewalks, parking facilities to be constructed and drainage, erosion control and utilities.

Slope. The vertical change in grade divided by the horizontal distance over which that vertical change occurred. The slope is usually given as a percentage.

Specular Reflector. A reflector which has a mirror-like surface that reflects an image (no matter how imperfect or distorted) of a light source.

Square Foot or Square Feet. The square footage computed from the outside dimensions of the dwelling or structure, excluding attached garages, attics, basements, open or screened porches.

Story. The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Street. Any public or private right-of-way which affords the primary means of vehicular access to abutting property.

Street Line. The line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the streets.

Street-Side Yard. An area between any required building setback line and the side property line abutting a public right-of-way, and measured perpendicular to the building to the closest point of the side property line abutting the right-of-way.

Structural Alterations. Any change in the supporting members of a building, such as load bearing walls or partitions, columns, beams or girders or any complete rebuilding of the roof or the exterior walls.

Structural Integrity. The ability of a structure to maintain stability against normal forces experienced by said structure.

Structure. Any building or anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, telecommunications towers, sheds, parking lots that are the primary use of a parcel and permanent signs. Sidewalks and paving shall not be considered structures unless located within a public utility or drainage easement.

Structure, Principal. The principal structure which fulfills the purpose for which the building plot is intended.

Stucco. Masonry on blocks or lath.

Subdivision. The division or redivision of land into two or more lots, tracts, sites or parcels for the purpose of development, laying out any addition to the City, or for laying out any subdivision or building lots, or any lot, street, alley, access easement, public utility easement, park or other portion intended for use by the public, or for the use of any owner, purchaser, occupant, person or entity.

Swimming Pool (Private). A swimming pool constructed for the exclusive use of the residents of a single-family or other residential dwelling, located and fenced in accordance with City regulations and not operated as a business or maintained in a manner to be hazardous or obnoxious to adjacent property owners. See Above-Ground Pool.

Variance. An adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Watershed. Area from which storm water drains into a given basin, river or creek.

Working Days. Monday through Friday, exclusive of City-recognized holidays.

Yard. An open space at grade between the principal and accessory buildings and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

Yard Depth. The shortest distance between a lot line and a yard line.

Yard, Front. A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street easement line and the main building or any projections thereof other than the projections of the usual steps, balconies or bays, or un-air-conditioned porch. On corner lots, the front yard shall be considered as parallel to the street upon which the yard has its least dimension.

Yard Line. A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard.

Yard, Rear. A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of steps, balconies or bays, or un-air-conditioned porches, accessory dwellings or detached garages.

Yard, Side. A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of any building on the lot, or any projections thereof.

Zero-Lot-Line Lot. A single-family lot that has a side wall along or near one of the lot lines so that a usable yard of a minimum of ten feet from the side lot line to the building line is created on the other side of the lot.

Zoning. The division of a municipality into districts in an effort to achieve compatible land use relationships, and the associated establishment of regulations governing the use, placement, spacing and size of land and buildings in order to achieve that compatibility.

Zoning Map. The official map showing the division of the City into districts, which is a part of this chapter.

Zoning (Spot). The zoning or rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses.

(Ord. 00-65N, 6-1-2005; Ord. 17-230, 6-14-2017; Ord. 19-255, 3-13-2019)

(A)

General. The City is hereby divided into 28 zoning districts, each such district having the authorized use, height and area regulations as set out in the Zoning Districts Charts. (See §§ 156.062 and 156.083 of this chapter).

(B)

Zoning map. The location and boundaries of the districts herein established are shown upon the zoning map, which is hereby incorporated and made a part of this chapter; provided that, such uses as listed but not shown on the zoning map are provided for future growth and use upon expansion of the corporate boundaries of the City and amendment of the Comprehensive Master Plan. It shall be the duty of the City Secretary (whose function is assigned to the City Manager/Administrator) to maintain the zoning map together with all notations, references and other information shown thereon and all amendments thereto.

(C)

District boundaries. Where uncertainty exists with respect to the boundaries of the established districts as shown on the zoning map, the following rules shall apply.

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines shall be construed to be said boundaries.

(2)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(3)

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of right-of-way lines of highways such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on said zoning map.

(4)

In subdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

(5)

If a district boundary line divides a property into two parts, the district boundary line shall be construed to be the property line nearest the district line as shown.

(6)

Whenever any street, alley or other public way is vacated by the City Council, the zoning district shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the districts as extended.

(7)

Where the streets on the ground differ from the streets shown on the zoning map, those on the ground shall control.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)