The regulations set by this article within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as otherwise specifically provided in this chapter.

(Ord. No. 1500, § 6, 1-10-1989)

(a)

No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No building or other structure shall be erected or altered to exceed maximum height regulations, to accommodate or house a greater number of families than permitted, to occupy a greater percentage of lot area than permitted, to have narrower or smaller yards or other open spaces than permitted, or to otherwise be contrary to the provisions of this chapter.

(Ord. No. 1500, § 6, 1-10-1989)

No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(Ord. No. 1500, § 6, 1-10-1989)

No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(Ord. No. 1500, § 6, 1-10-1989)

Minimum requirements for lots are as provided in Table 1 below.

TABLE 1

*

Minimum lot area for single-family detached homes.

**

All uses—ten feet minimum side yard when abutting a street.

***

Structures for use in the business district that were existing on the date of the adoption of the ordinance from which this chapter is derived shall not be required to meet the minimum yard requirements for occupancy, however, such nonconformity shall not be increased.

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2142, § 1, 6-12-2018)

Maximum bulk limitations and minimum parking requirements for builders are as set forth in Table 2 below.

TABLE 2

*

Over 60 feet if setbacks are increased one foot for each two feet of height above 60 feet.

(Ord. No. 1500, § 4, 1-10-1989)

(a)

Accessory buildings detached from or attached to the main building by an enclosed or unenclosed structure may be permitted within the allowable building area of any lot defined by the required front, side and rear building lines.

(b)

An enclosed storage building the use of which is consistent with uses allowed within the zoning district and subject to the setbacks and lot size restrictions applicable to that zoning district may be permitted.

(c)

No accessory building shall be permitted in the required front yard or in the required side yard.

(d)

If an accessory building is adjacent to a side street, the minimum side yard setback from the street shall be ten feet.

(e)

Accessory buildings attached to the main building shall be considered to be part of the main building and regulated by the same regulations applicable the main structure. Accessory buildings or portions thereof detached from the main building may be permitted in the required rear yard provided that they are detached from the main building or structure and separated therefrom by a distance of not less than ten feet and the accessory buildings have a rear and side yard setback of not less than three feet.

(f)

In no case shall the total floor area of all accessory buildings or portions thereof within the required rear yard exceed 30 percent of the area of the required rear yard defined as the product of the rear yard setback and the mean width of the rear yard setback and the mean width of the rear yard of the lot. Carports may exceed 30 percent coverage of the required rear yard in the R-2 and R-3 districts.

(Ord. No. 1500, § 8, 1-10-1989; Ord. No. 2034, § 2, 2-12-2013)

Opposing walls of a building or of separate buildings shall not be closer than ten feet when any wall or portion thereof is parallel or within 30 degrees of another wall or portion thereof of the same building or of another building.

(Ord. No. 1500, § 8, 1-10-1989; Ord. No. 2142, § 2, 6-12-2018)

If a building line has been established by special ordinance and such line requires a greater setback than is prescribed by this chapter in the district in which the building line is located, no building shall be erected closer to the street than the line so established.

(Ord. No. 1500, § 8, 1-10-1989)

In no case shall the orientation of a building or structure, or the arrangement of doors, windows or other features of a building or structure determine the front, side or rear line of a lot for the purposes of this chapter. Lot lines shall be interpreted as defined in this chapter.

(Ord. No. 1500, § 8, 1-10-1989)

Except as permitted in this chapter, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for at least 30 feet on a street or officially approved place.

(Ord. No. 1500, § 8, 1-10-1989)

(a)

Off-street parking ratio requirements of this chapter shall be mandatory at the time any building or structure is erected, changed in building capacity, or changed in the building's use under occupancy classification in accordance with the adopted building code.

(b)

Each off-street parking space shall be a rectangle ten feet by 18 feet exclusive of access drives or aisles, and shall be located completely on private property. Adequate ingress and egress to all parking spaces shall be provided.

(c)

In applying the off-street parking requirements, the floor area shall be the sum of the several floors of all enclosed buildings and structures on the lot measured from the centerline of exterior walls. The floor area shall not include cellars and open unenclosed balconies, terraces, porches, stairs and parking structures.

(d)

Where open land is used for sales, manufacturing, storage or other operations in a manner similar to indoor operations, such open land shall be added to the floor area in determining the number of parking spaces required.

(e)

Any lighting used to illuminate any off-street parking area shall be so arranged as to direct the light away from adjoining premises of any residential district.

(f)

Any off-street parking area, service drive or driveway for any building or structure which is erected, changed in building capacity, or changed in the building's use under occupancy classification in accordance with the adopted building code, shall be surfaced with an asphaltic or Portland cement binder pavement so as to provide a durable and dustless surface. Alternative materials may be allowed if the material is designed to limit mud, dust or rock from leaving the property.

(g)

In any district, in connection with every building or part thereof erected and having a gross floor area of 3,000 square feet or more that is to be occupied by any use requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one additional loading space for each 30,000 square feet or major fraction thereof of gross floor area so used in excess of 3,000 square feet.

(h)

Each off-street loading space shall be no less than ten feet in width, 25 feet in length and 14 feet in height. Such space may occupy all or part of any required yard or court space.

(Ord. No. 1500, § 8, 1-10-1989; Ord. No. 2009, § 2, 6-12-2012)

Open and unenclosed building projections such as outside stairways and fire escapes, balconies, terraces or porches, awnings, eaves and roof extensions and ornamental features may project into the required yards for a distance not to exceed four feet. In no case shall such projections be located closer than three feet from any lot lines.

(Ord. No. 1500, § 8, 1-10-1989)

It is the intent of the zoning regulations to provide for the establishment of residential districts that are free from the encroachment of commercial of manufacturing uses, but which permit certain uses that are necessary within residential neighborhoods.

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2018, § 1, 9-11-2012; Ord. No. 2034, § 1, 2-12-2013)

(a)

The following uses are permitted within the R-1 Residential District:

(1)

A single-family dwelling, specifically excluding manufactured homes.

(2)

Accessory building for storage residential only and meeting all requirements of this chapter.

(3)

An enclosed storage building for residential storage only and meeting all requirements of this chapter.

(4)

Automobile parking, for residents and guest only.

(5)

Cemetery or mausoleum.

(6)

Electrical substation.

(7)

Field crops, horticulture, nursery, truck gardening, but not including retail sales on the premises.

(8)

Gas compressor or regulator station.

(9)

Golf course, but not including commercial golf games or amusement.

(10)

Public library or museum, park, playground or playfield.

(11)

Radio or television broadcasting transmitter or tower, microwave relay tower.

(12)

Schools; elementary, high, college and universities, public or denominational.

(13)

School; nursery, kindergarten or day care for children.

(14)

Signs, identification, of resident or permitted use, real estate, sales, lease, rent, development.

(15)

Swimming pool, private.

(16)

Telephone exchange, but not including garage shop service.

(17)

Railroad right-of-way, but not including shops and yards.

(18)

Tract offices and construction buildings which shall be removed upon completion or abandonment of construction work.

(19)

Home occupations as described in subsection (b) of this section.

(b)

Home occupations in R-1 districts are limited to any occupation that is customarily carried on at a place of residence that does not involve a structural change in the dwelling unit or in a building accessory to the dwelling unit, that does not require the employment of help other than members of the immediate household. The occupation cannot store material, inventory or product outside or result in fumes, odors or noises that create a nuisance. The following uses shall not be permitted as home occupations unless approved as specific use permits:

(1)

Any office in which chattels, goods, wares or merchandise are commercially created, exchanged, or sold on site.

(2)

Barbershops or beauty shops; beauty schools.

(3)

Commercial stables or kennels.

(4)

Medical offices for the treatment of patients.

(5)

Commercial automobile repairs, motor vehicle repair of more than one vehicle.

(6)

Small engine repair.

(7)

Child care of more than six children under 14 years of age.

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2018, § 1, 9-11-2012; Ord. No. 2034, § 1, 2-12-2013)

In R-2 Residential Districts any use permitted in the R-1 district is permitted except manufactured homes. In addition, duplex (two family dwellings) are permitted in R-2 districts but require 2,000 square feet of lot area above the minimum required for one-family dwellings.

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2018, § 1, 9-11-2012; Ord. No. 2034, § 1, 2-12-2013)

In R-3 Residential Districts, the following uses are permitted:

(1)

Any use permitted in the R-2 district is permitted except manufactured homes other than multi-wide HUD-Code manufactured homes fully skirted as recommended by the manufacturer or installed on permanent foundation as recommended by the manufacturer both fully enclosing the underneath of the home. No more than one multi-wide HUD-Code manufactured home per lot and no more than four multi-wide HUD-Code manufactured homes per contiguous parcel of land or lots under single or common ownership are permitted.

(2)

Multiple-family dwelling (three or more living units) or apartment projects:

a.

Unless accessory to a primary single-family residence, two dwelling units - attached or detached shall require 2,000 square feet of lot area above the minimum required for one-family dwellings (i.e., 8,000 square feet).

b.

Attached multiple-family dwelling (three or more living units) or apartment projects, shall require 1,000 square feet of lot area above the minimum required for a two-family structure for each living unit in the structure over two.

c.

Three or four detached single-family units are allowed, provided 3,000 square feet of additional lot area is provided above the minimum required for a two-family structure for each living unit over two (i.e., 9,000 square feet for three, 12,000 square feet for four).

d.

Five or more detached single-family units require a site plan approved through the planned unit development rezoning process.

e.

Unless accessory to a primary single-family residence, a detached living unit must be a minimum of 320 square feet.

HUD code manufactured homes moved or relocated within the city must be less than ten years old. Previously owned HUD manufactured homes are subject to inspection by the code enforcement official prior to placement to insure conformance with the minimum standards for housing (see section 10-114 of the City of Yoakum Code of Ordinances).

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2034, § 1, 2-12-2013; Ord. No. 2018, § 1, 9-11-2012; Ord. No. 2090, § 1.1, 7-14-2015; Ord. No. 2142, § 3, 6-12-2018)

In R-4 Residential Districts any use permitted in the R-3 district is permitted, specifically excluding mobile homes. HUD-Code manufactured homes of any size are permitted; provided however, that no more than one manufactured home per lot and no more than four manufactured homes per contiguous parcel of land or lots under single or common ownership are permitted. Manufactured homes must be fully skirted as recommended by the manufacturer or installed on permanent foundation as recommended by the manufacturer, either method fully enclosing the underneath of the home.

HUD code manufactured homes moved or relocated within the city must be less than ten years old. Previously owned HUD manufactured homes are subject to inspection by the code enforcement official prior to placement to insure conformance with the minimum standards for housing (see section 10-114 of the City of Yoakum Code of Ordinances).

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2034, § 1, 2-12-2013; Ord. No. 2018, § 1, 9-11-2012; Ord. No. 2090, § 1.2, 7-14-2015)

(a)

Height and area requirements. The maximum height of any structure or building in a townhouse project shall be 2½ stories not to exceed 35 feet.

(b)

Front yards. No townhouse building or other structure of any kind or character shall be constructed or erected within 25 feet of the front property line of any building site.

(c)

Side yards. No side yards are required for interior lots except the minimum distance between two building groups shall be 20 feet and the minimum distance between a building group and any subdivision boundary or zoning district boundary line shall be 20 feet. Buildings on corner lots shall have ten feet side yards adjacent to the street.

(d)

Rear yards. No building or structure shall be constructed closer than ten feet from the rear property line.

(e)

Lot width. Townhouse lots other than corner lots shall have a minimum width of 25 feet. Townhouse corner lots shall have a minimum width of 35 feet.

(f)

Lot area per family. Every lot upon which an individual townhouse dwelling unit is erected (or altered after the effective date of the ordinance from which this section is derived) shall have a lot area of not less than 2,500 square feet.

(g)

Common open space. A minimum of 250 square feet of common open space per lot shall be provided within the townhouse project. In computing the required common open space, individually owned townhouse lots, required front, rear, or side setbacks, streets, alleys, or public right-of-ways of any kind, vehicular drives, parking areas, service drives, or utility easements containing or permitting overhead pole carried service shall not be included. Drainage easements may be used in computing common open space only when the planning and zoning commission determines that the use of such easements will not be detrimental to the health, safety, or welfare of residents in the subdivision, and will properly serve the designated uses of common open spaces as defined herein.

(h)

Building site open space. The building site shall include open space, free and clear of any structure of any kind, of not less than 35 percent of the building site area.

(i)

Service drives. Each townhouse lot shall be provided with rear access via a service drive. Service drives shall have a minimum width of 25 feet and a minimum centerline curve radius of 25 feet. Such drives must be developed in accordance with city construction standards. Service drives shall not be dedicated to the city, and maintenance of such drives shall be the responsibility of the owner or owners within the subdivision, subject to a cooperative maintenance agreement.

(j)

Utility easements. All aerial utilities shall be installed in a utility easement which shall be at least 15 feet wide and that may be within and/or adjacent to the service drive at the rear of the townhouse unit.

(k)

Off-street parking. There shall be at least two off-street parking spaces provided for each townhouse lot. Additional parking spaces may be provided in a communal parking area but no required front yard or side yard, along a public street, shall be used as a communal parking area.

(l)

Building group. There shall be no less than four or more than eight individual dwelling units in each building or dwelling group. Each building or dwelling group shall be at least 20 feet from any other building or dwelling group, measured from the nearest points of their foundations. Each building or dwelling group shall be at least 20 feet from any subdivision or zoning district boundary line.

(m)

Property ownership. Ownership of each dwelling unit and the lot upon which it sits is by an individual, while ownership of common open space and any service drives, communal parking areas and any other common elements is under cooperative ownership with other owners within the subdivision. Each co-owner may use the elements held in common in accordance with the purpose for which they were intended, as shown on the plat or expressed in the declaration or by-laws, without hindering or encroaching upon the lawful rights of the other co-owners.

(n)

Maintenance agreements. The maintenance of required open space, drives, access ways, communal parking areas and other areas not under public ownership shall be according to a cooperative maintenance agreement of all owners within the townhouse subdivision. Such an agreement shall be in effect before any building permit is issued within the townhouse subdivision.

(o)

Accessory building. Any detached accessory buildings permitted, except carports open on at least two sides, shall be set at least three feet away from the side lot lines unless their walls are equal in fire resistance to the common walls of the main structure. Detached carports, open on at least two sides, may be built to the property line with no common wall required. Any accessory building permitted in district R-1 shall be permitted in the townhouse project.

(p)

Construction. Townhouse construction shall conform to the city building code.

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2034, § 1, 2-12-2013; Ord. No. 2018, § 1, 9-11-2012)

Planned Unit Development Districts may contain a variety of residential, business, commercial, and industrial uses. Proposed district boundaries, regulations, and uses are collectively reviewed during the rezoning process. Only those uses, regulations, and boundaries that are approved may be implemented. PUD districts may overlay or replace existing districts. PUD uses and regulations may vary from those of other districts. PUD designation areas must be of no less than two contiguous acres.

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2009, § 1, 6-12-2012)

(a)

Only one main building in R-1 or R-2 districts with permitted accessory buildings may be located upon a lot or unplatted tract.

(b)

Every dwelling shall face or front upon a street or officially approved place, other than an alley, which means of access shall have a minimum width of 30 feet.

(c)

If a lot is used for retail, commercial, industrial, or a combination of same, or for a combination of retail and dwelling purposes, more than one main building may be located upon the lot, but only if such building conforms to all the open space, parking and density requirements applicable to the uses and districts and all such main buildings face upon a street or officially approved place, other than an alley.

(d)

Whenever two or more main building or portion thereof, are placed upon a single lot or tract and such buildings will not face upon a street or officially approved place, same may be permitted when the site plan for such development is approved by the planning and zoning commission so as to comply with the normal requirements for platting.

(e)

No parking area, storage area, or required open space for one building shall be computed as being the open space, yard or area requirements for any dwelling or other use.

(Ord. No. 1500, § 8, 1-10-1989)

(a)

Purpose and intent; uses excluded. It is the city's intent that B-1 business district consist of uses that co-exist in harmony with residential districts or serve as a buffer zone between residential and commercial districts.

(b)

Retail commerce excluded; business to be conducted indoors. Unless otherwise listed in this section, businesses permitted in B-1 district shall be conducted indoors and shall not include retail commerce.

(c)

B-1 uses prohibited in residential districts. In addition, any use that is judged by the city inspector to be included in the categories listed below is specifically not permitted in residential districts unless otherwise provided in this chapter.

(d)

Permitted uses. The following uses are permitted within B-1 districts:

(1)

Any use permitted in R-3 districts.

(2)

Business services.

(3)

Professional services.

(4)

Office and office buildings.

(5)

Medical clinic, dental clinic, and associated laboratory facilities.

(6)

Florist or nursery (outside sales and plant storage permitted).

(7)

Limited repair, or assembly, of miscellaneous items, including home appliances, jewelry, leather goods, clothing, computers.

(8)

Personal services including barber shops, beauty salons, photographic and artist studios, tailoring, and similar personal services.

(9)

Bed and breakfast lodgings.

(Ord. No. 1500, § 4, 1-10-1989)

(a)

Purpose and intent; excluded uses. It is the intent of the zoning regulations to provide for the establishment of those uses within the C-1 district that may generally be described as consisting of the buying, selling or trading of "convenience goods" for the daily needs of the neighborhood; and the provision of personal services.

(b)

Outdoor storage prohibited. It is also the intent of this section to exclude from the C-1 districts those uses that require outdoor storage of goods, materials, supplies and equipment. Any use listed below that requires outdoor storage in conflict with this section shall be restricted to C-2 Commercial Districts.

(c)

C-1 uses prohibited in residential and business districts. Any use that by its nature is judged by the city inspector to be included within the categories listed below is specifically excluded from all residential and business districts unless otherwise permitted under this chapter.

(d)

Permitted uses. The following uses are permitted in C-1 districts:

(1)

Any use permitted in B-1 districts.

(2)

Automobile parking lots.

(3)

Bakeries, retail sales only.

(4)

Banking and financial institutions.

(5)

Clubs or lodges.

(6)

Eating establishments (indoor only).

(7)

Gasoline service stations.

(8)

Laundry and dry cleaning pickup stations.

(9)

Studios such as radio, music, dancing, physical culture, or health.

(10)

Theaters (enclosed).

(11)

Retail stores and other local business uses supplying the every day shopping needs of the immediate neighborhood provided that:

a.

The business must be conducted wholly within an enclosed building, except that outdoor display or sales are permitted.

b.

The required yard spaces may not be used for display, sale or storage of merchandise, equipment, containers, or waste material.

c.

All merchandise must be first-hand and be sold at retail on the premises.

(Ord. No. 1500, § 4, 1-10-1989)

(a)

Purpose and intent. It is the intent of this chapter to provide for the establishment of those uses within C-2 Commercial Districts that may generally be described as consisting of the buying, selling or trading of commodities or services.

(b)

C-2 uses prohibited in residential, business and C-1 districts. Any use that is included in the categories listed below or that by its nature is judged by the city inspector to be included within the categories listed below is prohibited in any residential, business, or C-1 Commercial District, unless otherwise permitted in this chapter.

(c)

Permitted uses. The following uses are permitted in C-2 districts:

(1)

Any use permitted in the C-1 districts.

(2)

Ambulance service.

(3)

Amusement, commercial: including dancing, bowling, golf recreational, carnivals, skating rink.

(4)

Amusement redemption game rooms.

(5)

Animal hospital, pound or shelter.

(6)

Arena, coliseum, rodeo grounds, baseball park, or auditorium.

(7)

Building material storage yards.

(8)

Bus station.

(9)

Business or commercial school.

(10)

Carpentry, painting, or plumbing shop.

(11)

Carting, crating, hauling and storage.

(12)

Chemicals, allied products.

(13)

Cleaning, and dyeing plants, laundry.

(14)

Cold storage plant.

(15)

Eating establishments—drive-in with service out of doors.

(16)

Electrical goods such as supplies, apparatus, appliances, electronics, or parts.

(17)

Farm equipment and implements, sales, service, repairs.

(18)

Glass and cutting shop, mirror silvering.

(19)

Hotels, motels.

(20)

Ice plants.

(21)

Lumber, construction materials, millwork, cabinet shop.

(22)

Machine shop.

(23)

Machinery such as commercial, construction, industrial, farm, professional, transportation equipment.

(24)

Monument sales with incidental processing.

(25)

Mortuaries.

(26)

New or used automobile or trailer display and sales, repair garages, tire and seat cover shops, car wash.

(27)

Paper products.

(28)

Plumbing, heating, air-conditioning, refrigeration, supplies, repair.

(29)

Printing and publishing.

(30)

Sexually oriented business.

(31)

Sign shop.

(32)

Truck—new used sales.

(33)

Trailer or equipment rental.

(34)

Truck terminal.

(35)

Water distillation.

(36)

Warehouse.

(37)

Wholesale house.

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2009, § 1, 6-12-2012)

(a)

Purpose and intent. It is the intent of this chapter to provide for the establishment of those uses within industrial districts that may generally be described as consisting of manufacturing, production and assembly, and in addition, certain other uses. It is also the intent of this section to exclude in industrial districts those uses that cause the emission of toxic, noxious or odorous matter, or smoke, dust or other air contaminants, or glare, vibration or radiation or that require the storage, handling or transportation of explosive, inflammable or radioactive material.

(b)

I district uses prohibited in residential, business and commercial districts. Any use that is included in the categories listed below or that by its nature is judged by the city inspector to be included within the categories listed below is prohibited in any residential, business, or commercial district, unless otherwise permitted in this chapter.

(c)

Permitted uses. Any use permitted in the R-1, R-2, R-3, B-1, C-1 and C-2 districts are permitted in I districts except junkyards, automobile wrecking yards, uses involving outside display of used auto parts, amusement redemption game rooms, sexually oriented businesses, gunpowder storage and manufacture, or other uses associated with explosives.

(Ord. No. 1500, § 4, 1-10-1989; Ord. No. 2009, § 1, 6-12-2012)