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O-129-6-72TEXAS ZONING ORDINANCE ZONING ORDINANCES OF ALLEN, TEXAS Effective Date: June 21, 1972 it ZONING ORDINANCE rTABLE OF CONTENTS Article I - Establishment of Controls 1-1 Short Title 1-2 Interpretation and Purposes r1-3 Scope Article II - Definitions 2-1 General Rules 2-2 Administrative 2-3 Lots, Yards, and Land 2-4 Buildings, Structures, and Uses 2-5 Signs " Article III - Administration and Enforcement 3-1 Certificate of Occupancy A. Application for Certificate of Occupancy B. Certificate to Establish New Use of Property C. Certificate and Building Permit D. Certificate for Non -Conforming Uses, Lots and Structures E. Certificates for Existing Conforming Uses 3-2 Building Permits 3-3 Expenses and Fees 3-4 Enforcement and Penalties 3-5 Severability Clause 3-6 Publication and Effective Date Article IV - Changes and Amendments 4-1 Declaration of Policy 4-2 Authority to Amend Ordinance - 4-3 Procedure A. Proposal Required B. Public Hearing and Notice C. Commission Report D. Council Hearing and Notice E. Negative Recommendations, Written Protests 4-4 Commission Initiative Article V - Board of Adjustment 5-1 Organization A. Creation B. Terms of Office C. Vacancy D. Organization E. Meetings and Quorum L(Continued) C Table of Contents (Continued) Article V - Board of Adjustment (Continued) 5-2 Duties and Powers A. Interpretation B. Special Exception C. Variance 5-3 Procedure A. Interpretation Request; Variance Appeal B. Stay of Proceedings C. Special Exception Application D. Form of Appeal or Application E. Notice of Hearing 5-4 Hearing and Decision A. General B. Decision and Voting C. Approval of Request D. Denial of Request E. Appeal of Board Action 5-5 Authorized Special Exceptions Article VI - Non -Conforming Lots, Structures, and Uses 6-1 Purpose 6-2 Non -Conforming Lots A. Continuance of Non -Conforming Lots C. Measurement B. Discontinuance of Non -Conforming Lots 6-3 Non -Conforming Structures A. Limitation on Regulations C. Non -Parking Uses B. Continuance of Non -Conforming Structures L C. Accidental Damage to Building D. Obsolescence of Structure E. Determination of Replacement Cost F. Prior Permits G. Repairs and Alterations 6-4 Non -Conforming Uses A. Continuance of Non -Conforming Use B. Registration of Non -Conforming Use C. Changing a Non -Conforming Use Article VII - Off -Street Parking and Loading [1 (Continued) 7-1 General Requirements A. Responsibility B. Parking for Existing Uses C. Measurement 7-2 Parking and Loading Area Development Standards A. Improvements B. Access and Maneuvering C. Non -Parking Uses D. Locations Prohibited L E. Space Standards [1 (Continued) r LTable of Contents (Continued) rArticle VII - Off -Street Parking and Loading (Continued) 7-3 Off -Street Parking Requirements A. Basis for Determination B. Joint Use Parking Facilities C. Classes of Use; Number of Parking Spaces Required 7-4 Off -Street Loading Requirements A. General Standards B. Special Standards E Article VIII - Special Development Controls 8-1 Buildings and Structures A. Lot Requirements B. Height Limitations C. Yard Provisions D. Temporary and Accessory Uses and Buildings E. Signs and Lighting 8-2 Special Use Requirements A. Uses in Newly Annexed Areas: Interim Controls B. Swimming Pools C. Day Care Centers, Kindergartens, and Private Elementary Schools D. Home Occupations E. Completion of Existing Buildings `■ Article IX - Performance Standards 9-1 Standards Established 9-2 Enforcement A. Measuring Violations B. Administrative Responsibility C. Council Responsibility Article X - Districts and District Boundaries 10-1 Establishment of Districts r 10-2 Official Zoning Map 10-3 Determination of Boundaries (Continued) L Table of Contents (Continued) (Continued) L Article RI - District Regulations ` 11-1 Descriptions of Zoning Districts A. Working Area Zones B. Living Area Zones C. Special Purpose Zones 11-2 Uniform Height and Area Regulations WORKING AREA ZONES 11- 0-S Office Services District ■ A. Purposes of District r B. Principal Uses C. Accessory Uses D. Special Exceptions ` E. Uniform Height and Area Regulations F. Sign Controls 11- LR Local Retail District A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations F. Sign Controls 11- GB General Business District ■l A. Purposes of District B. Principal Uses r C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations F. Sign Controls 11- OC Outdoor Commercial District Me A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations F. Sign Controls 11- GI General Industrial District A. Purposes of District B. Principal Uses C. Accessory Uses I. D. Special Exceptions E. Uniform Height and Area Regulations ! F. Sign Controls (Continued) L Ir Iim Table of Contents (Continued) Article EI - District Regulations (Continued) LIVING AREA ZONES 11- AG Agricultural Homesites District A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations F. Sign Controls 11- R-2 Surburban Homesite District A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions r E. Uniform Height and Area Regulations ` F. Sign Controls 11- R-3 Residential District- istrict,A. A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations F. Sign Controls 11- R-4 Residential District - A. Purposes of District B. Principal Uses C. Accessory Uses L D. E. Special Exceptions Uniform Height and Area Regulations F. Sign Controls 11- R-6 Residential District A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations F. Sign Controls 11- TH Townhouse District A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations F. Sign Controls r (Continued) IIF Table of Contents (Concluded) ■ Article XI - District Regulations (Concluded) l 11- MH Mobile Home District A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations F. Sign Controls 11- R-16 Residential District A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations ` f F. Sign Controls 11- R-32 Residential District [■ A. Purposes of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform Height and Area Regulations F. Sign Controls SPECIAL PURPOSE ZONES 11- PD Planned Development District A. Purpose of District B. Effects of PD Classification C. Height and Area Regulations D. Site Plan Approval Required E. Site Plan Standards F. Administrative Action 11- FP Flood Plain District A. Purpose of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform and Height and Area Regulations F. Sign Controls 11- CF Community Facilities District A. Purpose of District B. Principal Uses C. Accessory Uses D. Special Exceptions E. Uniform and Height and Area Regulations F. Sign Controls r 16 I CITY OF ALLEN, TERAS ORDINANCE NO. 129 AN ORDINANCE PROVIDING FOR ZONING IN THE CITY OF ALLEN, TEXAS; DEFINING I CERTAIN TERMS; SETTING FORTH THE STANDARD FOR ADMINISTRATION AND ENFORCE- MENT OF SAID ORDINANCE; ESTABLISHING A BOARD OF ADJUSTMENT AND THE PROCEDURE OF SAID BOARD; PROVIDING FOR NONCONFORMING LOTS AND STRUCTURES; OFF-STREET PARKING AND LOADING; SPECIAL DEVELOPMENT CONTROLS; PERFORMANCE STANDARDS; DISTRICT BOUNDARIES AND REGULATIONS AND ZONING CLASSIFICATIONS; PROVIDING FOR A PENALTY FOR THE VIOLATION HEREOF AND AN EFFECTIVE DATE. ARTICLE I ESTABLISHMENT OF CONTROLS SECTION 1-1 SHORT TITLE This ordinance shall be known and may be cited as the "Zoning Ordinance of the City of Allen, Texas." SECTION 1-2 INTERPRETATION AND PURPOSES In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare. The zoning regulations and districts as herein established, have been made in accordance with a comprehensive plan, for the r purpose of promoting health, safety, morals and the general welfare of the City; they have been designed, among other things: L to lessen congestion on streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; and to conserve the value of property and encourage the most appropriate use of land through the City. SECTION 1-3 SCOPE It 1s not intended by this ordinance to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except as the same may be specifically repealed by the terms of this ordinance, or with private restrictions placed upon property by covenant, deeds easement, or other private agreement. Where this ordinance imposes a greater restriction L upon land, buildings or structures than is imposed or required by other laws, ordinances, covenants or agreements, the provisions of this ordinance shall govern. (' gee. 1-1 i 1-2 ■ SECTION 2-1 GENERAL RULES ARTICLE II DEFINITIONS For the purpose of this ordinance certain terms and words are defined in the I following sections. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular. The word "shall" is mandatory, and not directory. The word "structure", includes the word 'building." The words "used" or 'occupied" include the words "intended," "designed," or "arranged to be used or occupied." The word "lot" includes the words "plot," "parcel" or "tract" as used in their common meaning. Words not defined herein shall have the common meanings L ascribed to them by useage unless other means are clear from their context of use. i SECTION 2-2 ADMINISTRATIVE L Board: The Board of Adjustment of the City of Allen. Commission: The Planning Commission of the City of Allen. Council: The City Council of the City of Allen. Development Controls: All or any part of those regulations that establish minimum yards, set -backs, or open apace;. limit height, area or location of buildings or other structures; or regulate the placement or operation of facil- sties or equipment. L Interpretation: A determination of the meaning of zoning regulations or their application, or a determination of the location of zoning district boundaries, expressed as a Board of Adjustment ruling which becomes a permanent guide in the enforcement of the Zoning Ordinance. Non -Conforming Lot: A parcel, site or tract of land which does not meet the minimum lot regulations for the district in which it is located, which lot was legally created prior to the effective date of the applicable zoning regulations. Non -Conforming Structure: A building, wall, fence, tower, sign, or other similarly created object which does not meet the type, size, height or location limitations of the district in which it is located, which structure was legally existing prior to the effective date of the applicable zoning regulations. Non-Conformin_ gUse: A use of land or structure which is not authorized in the district in which such use or activity is conducted, which use was legally existing or in operation under other laws of the State or codes of the City of Allen prior to the effective date of the applicable zoning regulations. Sec. 2-1 2-2 Special Exception: A privileged use or development of property which would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, size, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare of the community. Variance: A privileged relaxation of the Development Controls provisions of this Ordinance where, wing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship and would prevent the substantial ■ enjoyment of property rights as shared by nearby properties which conform to the Development Controls. Zoning Official: The person disignated to administer and enforce the regulations ■ of this Ordinance. [ SECTION 2-3 LOTS, YARDS AND LAND Alley: A public right-of-way which affords only a secondary means of access to abutting property. Buildable Area: The portion of a lot remaining after required yards have been provided. Frontage: All the property abutting on one side of the street between two intersecting streets, measured along the street line. Lot: A parcel of land surveyed or apportioned for sale or other purposes, as shown on a plat of a recorded subdivision of which it is a part, or any tract of land the use of which is controlled or managed by any person or group of persons under a unified and specific plan. Lot Coverage: The percentage of the total area of the lot, excluding streets, alleys and dedicated drainage. ways, covered by all buildings located thereon. Lot Depth: The distance between the mid -points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Lot Frontage: The front of a lot shall be constructed to be the portion neareat the street. For the purpose of determining yard requirements on comer lots and through lots, all sides of a lot adjacent to streets shall be considered front- age, from which yards shall be provided as indicated under "Yards" in this Lsection. Lot of Record: A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the descrip- tion of which has been so recorded. L Lot Types: The designation of lots according to the diagram in Figure 1 illustrating corner lots, interior lots, reversed frontage lots and through lots. Sec. 2-2 (cont.) Ie ■ Lot Width: The distance between the straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the minimum front yard, provided however, that width between side lot lines at their fore- most points (where they intersect with the street line) shall not be less than 60 percent of the required lot width except in the case of lots on the turning circle of cull -de -sac, where the 60 percent requirement shall not apply. r Street: A public or private right-of-way which affords principal means of access to abutting property. I I Yard: A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure beginning 30 inches above the general ground level of the graded lot. Yard measurements shall be made as shown in Figure 1. Sec. 2-3 (Cont.) Figure 1 LOT TYPES KEY DEFINITIONS "C" Comer Lot: A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. "I" Interior Lot: A lot other than a corner lot having only one frontage on a street. "R" - Key Lot: An interior lot so situated that it fronts to the aide street of an adjoining corner lot and so that the side line of the key lot is the rear line of the corner lot which abuts the same street. "R" - Reverse Frontage Lot: A corner lot in which its frontage is on a street whose alignment is generally parallel to the side lines of the lots that constitute the predominant lot pattern in the block. "T" - Through Lot: An interior lot with frontage on more than one street; a through lot fronting on two generally parallel streets may be referred to as a "double frontage" lot. Sec. 2-3 Figure 1 STREET Lot Linea ------- Yard Measurement Lines — — — — — -- — — F W W a F N ly- LEGEND ® Front Yard Side Yard Rear Yard Special Yard © Buildable Area Figure 2 LOCATION AND MEASUREMENT OF YARDS The illustration here assumes front yard depths required at 30 Ft. (half - depth front yards 15'), side yard widths 10 Ft. , and rear yard depths 10 Ft. Note that at A, a special yard is shown, indicating treatment where usual side or rear yard terminology would be difficult to apply but purpose of the yard is clear. Sec. 2-3 I Yard, Front: A yard extending between side lot lines across the front of a lot adjoining a public street. Yard, Rear: A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. f Yard. Side: A yard extending from the rear line of the required front yard e to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot furthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required. Yard, Special: A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. ESECTION 2-4 BUILDINGS, STRUCTURES AND USES Accessory Use: Any use of building or premises which exists in conjunction with and which is customarily incidental to a permitted principal use. Boarding Rouse: A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compen- sation, pursuant to previous arrangements, but nor for the public or transients. Building: A structure having a roof supported by columna or walls for the housing or enclosure of persons, animals or chattels. Building, Accessory: A subordinate building located on the same lot as a principal building, the activity of which is clearly integral with or inci- dental to the permitted use of the principal building. !. Building, Height of: The vertical distance measured from the curb level a) to the highest point of the roof surface, if a flat roof, b) to the deck line of a mansard roof; or c) to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street right-of— way line, the height of the building may be measured from the average elevation of the finished grade along the front of the building. Clinic: Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients. Community Center: A place or facility dedicated to social or recreational activities, serving the city or a neighborhood thereof and owned and operated L by the city, or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the city. Sec. 2-3 2-4 e t,.d,.. rCenter:An agency at which four or more children, under age sixteent reaped to the proprietor, are left for care a part of the twenty- hours of the day. Drive-In Restaurant or Refreshment Stand: Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, in- cluding those establishments where customers may serve themselves and may eat ror drink the food, refreshments, or beverages on the premises. Dwelling Unit: One or more rooms connected together but structurally divided from all other rooms in the same structure and constituting a separate, inde- pendent housekeeping unit for permanent residential occupancy by one family, with all necessary facilities contained therein for sleeping, eating, cooking and sanitation. ` Dwelling, Detached: A building containing a dwelling unit and not connected to any other building containing a dwelling unit. Dwelling, Attached: A separate building containing only one dwelling unit which building is connected to, but is structurally independent of any other building. Dwelling, Single Family: A detached residential building, not including a mobile home, which contains not more than one dwelling unit. Dwelling, Two Family: A detached residential building containing two dwelling units. Dwelling, Three Family: A detached residential building containing three dwelling units. Dwelling, Four Family: A detached residential building containing four dwell- ing units. Dwelling, Multi -Family; A residentail building containing five or more dwell- ing units, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, Mobile Home; A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, which arrives at the site where it is to be occupied, complete and ready for occupancy other than for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and which meets the require- ments of American Standards Association Code Provision A-119.1--1963, American Standard for Installation in Mobile Homes of Electrical, Heating and Plumbing Systems, or Mobile Homes Manufacturers Association "Mobile Home Standards for Plumbing. Heating and Electrical Systems" or any state administered code insuring equal or better plumbing, heating or electrical installations. LSec. 2-4 (Contd.) I Family: One or more persons occupying a single dwelling unit, provided that I unless all members are related by blood or marriage, such family shall contain not over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. Floor Area Ratio: A numerical value obtained by dividing (1) the am of the gross horizontal areas of all floors of a building, including interior balconies and mezzanines, measured to the exterior faces of walls, by (2) the total area of the lot, excluding streets, alleys and dedicated drainage ways. Floor Space Per Dwelling Unit: The total number of square feet of habitable floor space contained within a dwelling unit exclusive of porches, breezeways, carports, garages and storage areas not directly accessible from within the dwelling unit. Garage, Private: A building for parking only of motor vehicles belonging to r the occupant of the same premises. ■l Garage, Public: A building other than a private or parking garage used for the care of repair of self-propelled vehicles or where such vehicles are kept for remuneration, hire or sale, Garage, Parking: A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing. Gross Leasable Area: The total floor area of a building which is designed for tenant occupancy and exclusive use, including basements and mezzanines, and measured to centerlines of joint partitions and to outside of exterior walls, but the term does not include designed office space, auditorium or theater space within such building. ■ Hobby Studio: An accessory activity area used by the occupants of the premises purely for personal enjoyment, amusement, recreation or cultivation of artistic talents. Home Occupation An activity or occupation which is contained wholly within the dwelling unit and is customarily incidental to the use of a dwelling, and which a) uses only equipment or furniture normally found in the home; and b) is conducted and engaged in only by members of the family residing in the dwelling; and c) requires no keeping of stock in trade or commodity to be sold upon the premises; and d) does not include a barber or beauty shop, or a barber school or beauty culture school. CHotel: One or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including pro- visions for meals and personal services; "hotel" includes a tourist hotel, a il. motor hotel, and a motel, but does not include an apartment hotel. L Hotel, Apartment: A multi -family dwelling which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public. Sec. 2-4 Junk: The term "junk" is defined to mean and shall include scrap iron, scrap { tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, wed tinfoil, used bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobiles or airplane tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in thier ■f existing condition; subject to being dismantled for junk. l Kennel: Any lot or premises on which four or more dogs, cats, or other domestic animals, at least four months of age, are housed or accepted for boarding, t trimming, grooming or bathing for which remuneration is received. Kindergarten: A school for children of pre -elementary school age in which con- structive endeavors, object lessons and helpful games are prominent features of the curriculum. Mobile Rome Park: An area designated, arranged or wed for the parking or r storing of one or more mobile homes which are occupied or intended for occu- pancy as semi-permanent living quarters by individuals or families. Parking Space, off -Street: An area adequate for parking an automobile with room for opening doors on both sides, together with maneuvering room and with properly related access to a public street or alley. Private Club or Lodge: An association of persons meeting regularly for their 111 mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on ' policies and business. Servants' Quarters: A dwelling wit located on the same lot or grounds as the main building, and wed by servants employed on the premises and not rented or otherwise used as a separate domicile, and serviced through the same utility meters or connections as the principal we to which accessory. RStable, Private: A building designed for the keeping of horses, or mules owned by the occupants of the premises and not kept for remuneration, hire or sale. Stable, Riding: A building designed for the keeping of horses or mules used for pleasure riding or driving, for boarding or for hire, including a riding track. Structure: Anything constructed or erected, the "a of which requires location on the ground or that it be attached to something having a location on the ground. Structural Alteration: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Travel Trailer: A vehicular, portable structure built on a chassis designed L to be used as a temporary living facility for travel and recreational purposes, having a body width not exceeding eight feet, but not having all sanitary facilities within the trailer. CSec. 2-4 e ■ SECTION 2-5 SIGNS Sign: Any display of letters, figures, symbols, insignia, pictures, lights, or other devices when placed within or on the outside of any building or structure or in a free standing situation so as to be visible from any public street or adjacent property. r Directional Sign: Any sign, except those authorized by law, which is designed ` and erected solely for the purpose of vehicular or pedestrian traffic control and placed on the property to which or on which the public is directed. Business Identification Sign: Any sign Identifying by name or symbol, the operation of a business and/or the merchandise or service available on the premises on which the sign is placed. Center Identification Sign: Any sign designating a shopping center or indus- trial district by name or symbol only. Facility Identification Sign: Any sign identifying by name or symbol the health or medical service, institutional, public or quasi -public complex, facility or installation situated on the premises on which the sign is placed. Subdivision Identification Sign: A permanent sign identifying a subdivision by name or symbol only and erected on private property at an entrance to a subdivision at location shown on a recorded subdivision plat and of a design approved by the Commission. i Outdoor Advertising Sign (Billboard): Any advertising structure, bearing a sign, which structure is erected upon the ground or on a building, or any sign attached to or painted on a building, which sign is neither appurtenant to the use of the property or a product sold thereon, not to the sale or lease of the property on which displayed, and which does not fall within the definition of a Business Identification Sign, Sec. 2-5 r ■ ARTICLE III ADMINISTRATION AND ENFORCEMENT SECTION 3-1 CERTIFICATE OF OCCUPANCY In order to ensure that all new construction and the use of all existing and new structures and the use of land shall comply with the terms of this ordinance, a Certificate of Occupancy shall be required in accordance with the rules below. A. APPLICATION FOR CERTIFICATE OF OCCUPANCY An application for a Certificate of Occupancy shall be filed in the office of the Zoning Official on forms provided by the Zoning Official. Upon approval a Certificate of Occupancy shall be issued stating that the building or proposed use of a building or premises complies with all the building and health laws and with the provisions of the Zoning Official. A permanent record of all such certificates shall be kept on file in the office of the Zoning Official, and copies shall be furnished, on request, to any person having proprietary or r tenancy interest in the building affected. a B. CERTIFICATE TO ESTABLISH NEW USE OF PROPERTY No vacant land shall be occupied or used, except for agricultural purposes, and no building hereafter erected, reconstructed, altered, or enlarged, shall be occupied or used until a certificate of occupancy shall have been issued by the Zoning Official stating that the building or proposed use of the building or premises complies with the building and health laws and with the provisions of the Zoning Ordinance. FC. CERTIFICATE AMD BUILDING PERMIT A Certificate of Occupancy shall be applied for coincident with the application ,` for Building Permit; it shall be issued within ten (10) days after the erection or structural alteration of such building has been completed in conformity with the provisions hereof. D CERTIFICATE FOR NON -CONFORMING USES, LOTS AND STRUCTURES A Certificate of Occupancy shall not be required but may be applied for and shall be issued for non -conforming uses, lots, or structures. However, in the event of any subsequent application for building permit or of any change in occupancy the Zoning Official may require other evidence that the non -conforming use, lot, or structure legally existed prior to the effective date such property became subject to the terms of this ordinance. E. CERTIFICATE FOR EXISTING CONFORMING USES A Certificate of Occupancy shall not be required but may be applied for and L shall be issued for any existing use of land or structures which conform to the requirements of this ordinance. LSec. 3-1 : A,B,C D,E r SECTION 3-2 BUILDING PERMITS ■ Every application for a building permit shall be accompanied by a drawing or plat, in duplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of building and lot, and such other information as may be necessary to provide for the enforcement of the Zoning Ordinance. This plat shall be prepared after the lot has been staked by a competent surveyor. A careful record of the original copy of such application and plata shall be kept in the office of the Zoning Official and a duplicate copy shall be at the building at all times during constriction. it SECTION 3-3 EXPENSES AND FEES Expenses incurred in the enforcement and administration of this ordinance W are necessary to improve the environmental quality and to help achieve orderly development of the community. In order that such expenses shall be borne primarily by those persons causing administrative action to be taken under the terms of this ordinance, the Council shall adopt a schedule of fees commensurate with the costs incurred in such action. The fee schedule shall apply to and a collection procedure shall be provided for applications for building permits and for certificates of occupancy and zoning compliance, for applications and appeals to the Board of Adjustment, r for applications for zoning change, and for other matters pertaining to this l ordinance. A copy of the schedule shall accompany each copy of this ordinance which is distributed to the public. No application or appeal which is subject to the fee schedule shall be reviewed or processed until all required fees have rl been paid in full. Changes in the fee schedule shall not become effective until adopted by Council. SECTION 3-4 ENFORCEMENT AND PENALTIES ` Any person, firm or corporation who violates, disobeys, omits, neglects, or r refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall be fined not lees than $5.00 nor more than $200.00 for each offense. Each day that a violation is permitted to exist shall con- stitute a separate offense. SECTION 3-5 SEVERABILITY CLAUSE If any section, provision, or part thereof in this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. LSECTION 3-6 PUBLICATION AND EFFECTIVE DATE L This Ordinance shall take effect from and after its passage and publication as provided for by law. Sec. 3-2,3,4,5,6 it ARTICLE IV CHANGES AND AMENDMENTS SECTION 4-1 DECLARATION OF POLICY The Council declares the enactment of this ordinance governing the use and development of land, buildings and structures as a measure necessary to the orderly development of the community and to the carrying out of the adopted City Plan. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except (a) To correct a manifest error in the regulations or map, or (b) To recognize changed or changing conditions in a particular locality, or (c) To recognize changes in technology, the style of living, or manner of doing business. Every proposal to amend this ordinance shall be considered in light of the above declaration of policy and by the purposes enumerated in the preamble to this ordinance. SECTION 4-2 AUTHORITY TO AMEND ORDINANCE ■ The Council may from time to time after receiving a final report thereon i■. by the Commission and after public hearings required by law, amend, supplement or change the regulations herein provided or the boundaries of the zoning districts. Any amendment, supplement or change may be ordered for consideration by the Council, be initiated by the Commisssion, or be requested by proposal of affected persons. SECTION 4-3 PROCEDURE A. Proposal Required Every proposal to amend, supplement or change the regulations of this ordinance or the boundaries of the zoning districts shall be prepared in the form and manner prescribed by and be deposited with the Com- mission. The Commission, either on its own initiative or by direction of the Council, shall schedule public hearing on the proposed change as provided below. B. Public Hearing and Notice [ Prior to making its report to the Council, the Commission shall hold at least one public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for town taxes, affected by such proposed changes of classification, and to all owners of property, or to the person rendering the same for city taxes, located wit}in two hundred (200) feet of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by C Sec. 4-1 4-2 using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the Unites States Mail. Notice of hearings on proposed changes in zoning regulations shall be accomplished by one publication not less than fifteen (15) days prior thereto in the official paper of the Town. C. Commission Report The Commission, after the public hearing is closed, shall prepare its report on the requested change stating its findings, its evaluation of the request and of the relationship of the request to the adopted City Plan, and its recommendation thereon. The Commission may defer its report for not more than ninety (90) days until it has had opportunity to con- sider other proposed changes which may have a direct bearing thereon. In making its determination, the Commission shall consider the following t factors: r 1) Whether the uses permitted by the proposed change would be appro- priate in the area concerned; 2) Whether adequate public school facilities and other public services exist or can be provided to serve the needs of additional residences likely to be constructed as a result of such change, and the con- sequences of such change; 3) Whether the proposed change is in accord with any existing or pro- posed plans for providing public water supply and sanitary sewers to the area; 4) The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circum- stances which may make a substantial part of such vacant land unavail- able for development; r 5) The recent rate at which land is being developed in the proposed zoning district, particularly in the vicinity of the proposed change; 6) How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also. D. Council Hearing and Notice The Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein ` established. A public hearing on such amendment, supplement, or change shall be held by the Council. Notice of Council hearing shall be given ■ by publication one time in the official paper of the City, stating the Ltime and place of such hearing, which time shall not be earlier than f fifteen (15) days from the date of publication. Y Sec. 4-3: C,D r E. Negative Recommendations; Written Protest An amendment, supplement, or change shall not become effective except by favorable vote of three-fourths of all members of the Council 1) If the Commission ecommends disapproval of the proposed change, or 2) If written protest is filed by owners of 20 per cent of the area of land: (a) within the site of the proposed change, or (b) within 200 feet of all boundaries of the site. Protests signed by property owners may be filed prior to or at one of the public hearings conducted by either the Commission or the Council. Written protests filed with the Commission shall be forwarded to the Council with the Commission's recommendation on the request. SECTION 4-4 COMMISSION INITIATIVE The Commission on its own motion, or on request of Town Council, may initiate consideration of a change in any district boundary or zoning regulation when- ever it finds that public benefit will derive from consideration of such matter. Sec. 4-3:E 4-4 ir M ARTICLE V BOARD OF ADJUSTMENT rSECTION 5-1 ORGANIZATION A. Creation There is hereby created a Board of Adjustment to be composed of five (5) regular members and two (2) alternate members who shall be qualified electors of the City. It is the declared policy of the Council that it will consider for appointment only those persons who have demonstrated their civic interest, general knowledge of the community, independent it judgment, and availability to prepare for and attend meetings. B. Terms of Office The terms of three (3) regular and of one (1) of the alternate members shall expire on October 31 of each odd numbered year and the terms of two (2) regular and of one (1) of the alternate members shall expire on October 31 of each even numbered year. The regular members of the Board shall be identified by place numbers one (1) through five (5). The odd numbered places shall expire in the odd numbered years and the even numbered places shall expire in the even numbered years. Board members may be appointed to succeed themselves. C. Vacancy Vacancies shall be filled for unexpired terms; no member shall be appointed for a term in excess of two (2) years. A vacancy in a term of office shall occur whenever the Council finds that a member: 1) has resigned or has not maintained the qualifications required for appointment, or IN 2) has repeatedly failed to attend properly called meetings of the F Board without just cause, or 3) has been guilty of malfeasance or misconduct in office. D. Organization The Board shall hold an organizational meeting in November of each even numbered year and shall elect a chairman and vice-chariman from among its members before proceeding to any other matters of business. The Zoning Official shall be the secretary of the Board. The Board shall meet regularly and shall designate the time and place of its meetings. C The Board shall adopt its own rules of procedure and keep a record of its proceedings in accordance with the state statutes and this ordinance. Newly appointed members shall be installed at the first regular meeting after their appointment. Sec. 5-1: A,B,C,D E. Meetings and Quorum Four (4) members of the Board shall constitute a quorum for the conduct of business. The members of the Board shall regularly attend meetings and public hearings :4 :he Board and shall serve without compensation, except for reimburs.•=nt for authorized expenses attendant to the per- formance of their duties. Ir SECTION 5-2 DUTIES AND POWERS The Board of Adjustment shall have the powers and exercise the duties of a Board in accordance with Article 1011g, Revised Civil Statutes of Texas. Board members are representatives of the Town and shall have the right to inspection of premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of this Town. The Board's jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications and to that end shall have the necessary authority to insure continuing compliance with its decision. A. Interpretation To render an interpretation of the Zoning regulations or the manner of their application where it is alleged that there is error in any order, requirement, or determination made by the Zoning Official in the admin- istration of such provisions. In reaching its decision the Board shall establish firm guidelines for future administrative actions on like matters. B. Special Exception To decide upon those applications for a special exception use or develop property when the same is authorized under this ordinance subject to Board approval. In reaching its decision the Board shall not PP B grant the application if it finds: 1) that the use is not specifically permitted under the ordinance, or 2) that the locations of proposed activities and improvements are not clearly defined on the site plan filed by the applicant, or 3) that the exception will not be wholly compatible with the use and permitted development of adjacent properties. C. Variance CTo authorize upon appeal in specific cases such variance from the Development Controls set forth in this ordinance as will not be contrary L to public interest. In reaching its decision the Board shall not grant the variance appeal if it finds: L Sec. 5-1: E(Contd.) 5-2: A,B,C i 1) that literal enforcement of the controls will not create an unneces- sary hardship or practical difficulty in the development of the affected property, or 2) that the situation causing the hardship or difficulty is not unique to the affected property or is self-imposed, or I 3) that the relief sought will injure the permitted use of adjacent conforming property, or 4) that the granting of the variance will not be in harmony with the spirit and purposes of this ordinance. Any variance granted by the Board shall terminate automatically (1) when the specified period of use has expired, or (2) when the use ceases to Lbe in full compliance with any condition imposed by the Board. SECTION 5-3 PROCEDURE A. Interpretation Request; Variance Appeal A request for interpretation of regulations or an appeal for variance from Development Controls may be taken by any person aggrieved or by any officer, department, or board of the City affected by a decision of the Zoning Official. Such appeal shall be taken within fifteen (15) days time after the decision has been rendered, by filing with both the Zoning Oficial and the Board of Adjustment a notice of appeal specify- ing the grounds thereof. The Zoning Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. ( B. Stay of Proceedings ` An appeal shall stay all proceedings of the action appealed from unless the Zoning Official, after the notice of appeal has been filed with him, certifies to the Board that, by reason of facts stated in his certifi- cate, a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed except by a restraining order which may be granted by the Board or by a court of record on application and notice to the Zoning Official from whom the appeal is taken. C. Special Exception Application An application for a special exception to use or develop property as specifically authorized in district Use Regulations or in this section may be filed by any person owning the affected property or by any tenant upon written authorization of he owner. Such application shall be filed with the Board, and a copy thereof with the Zoning Official. Sec. 5-2: C(Cont.) 5-3: A,B,C r e General D. Form of Appeal or Application The Board shall fix a reasonable time for the hearing of an appeal, The appeal or application shall be in such form and shall contain such information as the Board may require under its Rules of Procedure. It shall be accompanied b:- the required fee. An incomplete appeal or time. Upon the hearing any party may appear in person or by attorney application shall be aaemed only to give notice of intent to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought to completion. [ E. Notice of Hearing public meeting. �pIR Official written notice of public hearing on every application for a variance or special exception or for an interpretation of regulations 2) applying solely to an individual property shall be sent to all owners of property, or the the person rendering the same for taxes, the Zoning Official but no appeal shall be withdrawn after posting affected by such application, located within two hundred (200) feet ` of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice shall be served by using the consent of the Board. last known address as listed on the city tax roll and depositing the Decision and Voting notice, postage paid, in the Unites States Mail. Notice of hearings on 1) requests for interpretation of regulations applying to more than one property and ownership shall be given by means of a general notice as j provided below. [ SECTION 5-4 HEARING AND DECISION A. General r1) The Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney or agent. Evidence supporting the grant or denial of an appeal shall be submitted only through the Zoning Official or to the Board in public meeting. �pIR t- 2) Any appeal or application may be withdrawn upon written notice to the Zoning Official but no appeal shall be withdrawn after posting of hearing notice and prior to Board action thereon without formal consent of the Board. B. Decision and Voting 1) Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which C the Board is authorized to pass under this Ordinance shall be con- strued as limitations on the power of the Board to act. l2) Nothing herein contained shall be construed to empower the Board to change the terms of this Ordinance, or to effect changesAn the zoning districts. The powers of the Board shall be so applied that L the terms of this Ordinance will be strictly enforced. Sec. 5-3: D,E 5-4: A,B 3) In exercising its powers, the Board of Adjustment, in conformity with the provisions of Articles 1011a through 1011j of the Revised Civil Statutes of Texas, may modify in whole or in part any order, requirement, decision, or determination as ought to be made and shall have all the powers or the officer from whom the appeal is taken. 4) The concurring vote of four (4) members of the Board shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the Zoning Official, or to approve any application upon which it is required to pass under this Ordinance or to effect any variance in said ordinance. 5) (a) A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the Board. ip (b) A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member's vote on the appeal, other than in the public hearing. C. Approval of Request 1) In approving any request the Board may designate such conditions in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the mafntainance of the integrity and character of the zone in which such permit is granted. F 2) When necessary the Board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with. Where any condition under which a request has been granted is violated, the approval shall cease to exist and the permits issued thereunder shall become null and void. 3) Approval of an application for special exception or of a variance appeal shall expire sixty (60) days after the Board's decision unless a greater time is requested in the application and is authorized by the Board. Any approval may be granted one emergency extension of sixty (60) days on written request filed with the Board before expira- tion of the original approval. D. Denial of Request No appeal or application that has been denied shall be further considered by the Board under a subsequent request obtained by filing new plans and L obtaining of a new decision from the Zoning Official unless: L1) the new plans materially change the nature of the request, or 2) the permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board L so as to support an allegation of changed conditions. Sec. 5-4: B,C,D IP 74 a W I • I Sec. 5-4: E E. Appeal of Board Action Any person or persons, jointly or separately, aggrieved by any decision t of the Board or any taxpayer, or any officer, department, or board of the City, may present to a court of record, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within ten (10) days after the filing of the r decision complained of in the offices of the Board and not thereafter. a W I • I Sec. 5-4: E r SECTION 5-5 AUTHORIZED SPECIAL EXCEPTIONS Y Unless specifically permitted as a named use or as a categorized use the following special exceptions may be permitted by the Board, in the Districts listed, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the Board may impose. FA DISTRICTS REQUIRING SPECIAL EXCEPTION BOARD APPROVAL r 1. Aviation field, airport or aircraft landing area All ` 2. Quarry, mine, sand and gravel pit or excavation for All the purpose of removing, screening, crushing, washing or storage of ore, clay, stone, gravel, or similar materials. Conditions: No permit shall be issued unless the site, location and plan of operation and restoration, including necessary structures, has i been submitted to and approved in writing by the Board, which approval shall be for a limited time designated by the Board. 3. Cemetery, mausoleum or crematory for the disposal of All human dead. 4. Split -zoned lots, extension of use. All except "AG" Conditions: Extension of a use to the lot line or for a distance of not more than 100 feet where the boundary line of a district divides a lot held in single ownership on the effective date of this ordinance, or divides a lot held in single ownership as of the date of subsequent annexation of said lot. 5. Sanitary land fill. All 6. Shooting range: big bore and small bore rifle, pistol All except "PD" and trap and skeet, any industrial District. 7. Community Recreation or Welfare Center All except "CF" a. Radio, television, micro -wave broadcast, relay, All except "PD" d receiving towers and transmission and re -trans- "CF" mission facilities. Conditions: Subject to such safeguards as the Boar] may require. 9. Greenhouse and plant nursery. Conditions: When oper- All except "CF" ated for commercial purposes, and including the sale District and Working L of plant material, and the incidental sale of materials Area Zones and products intended chiefly for use in connection with home gardening activities. . Sec. 5-5 L DISTRICTS REQURING SPECIAL EXCEPTION BOARD APPROVAL: 0. Animal Shelter Conditions: When owned or operated "AG", "OC" by or under the auspices of a public agency and "GI" V'1• Small Animal Clinic and Pet Sales and Care Conditions: "LR" and "GB" When limited to the care of household pets, and when all facilities for care or treatment of pits is wholly contained within a building. 12. Veterinary Clinic or Hospital, for treatment or care of any size animal. "AG" and the Working Area Zones except "O -S" and "IV' Sec. 5-5 r� ■ ARTICLE VI NON -CONFORMING LOTS, STRUCTURES, AND USES SECTION 6-1 PURPOSE The general public, the Commission and the Board are directed to take note that non -conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when r necessary to preserve property rights established prior to the date this ordinance ` became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the Commission and the Board to assist the Council in achieving this goal by advising the Council of their recommendations thereon. As necessary, the Council shall from time to .time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non -conforming use within the City. [ SECTION 6-2 NON -CONFORMING LOTS A. Continuance of Non -Conforming Lots Subject to all limitations herein set forth, any non -conforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized by this ordinance. No new structure shall be placed thereon except in conformity with the applicable Development Controls of the zoning district in which the lot is located. I B. Discontinuance of Non -Conforming Lots Any lot which is made conforming by combining with other lots for purpose rof sale or development, or by subdividing or resubdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of this ordinance. SECTION 6-3 NON -CONFORMING STRUCTURES A. Limitation on Regulations No structure, otherwise in accordance with the provisions of this ordi- nance or an amendment hereto, shall be rendered or be deemed a non- conforming structure solely for a failure to comply with the provisions of this ordinance, or an amendment hereto, relating to Signs, Off -Street LParking Regulations or Off -Street Loading Regulations. L �I Sec. 6-1 6-2: A,B 6-3: A 'I IE B. Continuance of Non -Conforming Structures !• Subject to all limitations herein set forth any non -conforming structure l may be occupied and operated and maintained in a state of good repair, but no non -conforming structure shall be enlarged or extended unless the enlargement or extens on can be, and is, made in compliance with all of the provisions of thio ordinance established for structures in the dis- trict in which the n,,n-conforming structure is located. i C. Accidental Damage to Building If a building occupied by non -conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with provisions of this ordinance. In the case of partial destruction by fire or other causes, not exceeding fifty (50) percent of its value, the Zoning Official may issue a permit for reconstruction. If greater than fifty (50) percent and less than total, the Board may grant a permit for repair but for no enlargement or refurbishing of the building. iD. Obsolescence of Structure The right to operate and maintain any non -conforming structure shall terminate and shall cease to exist whenever the non -conforming structure becomes obsolete or sub -standard under any applicable ordinance of the Town and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the replacement cost of such structure on the date that the Zoning Official determines that such structure is obsolete or sub -standard. E. Determination ofE. Determination of Replacement Cost In determining the replacement cost of any non -conforming structure there L shall not be included therein the cost of land or any factors other than the non -conforming structure itself. F. Prior Permits Nothing herein shall require any change in the plans, construction or designated use of a building for which a legal building permit has been heretofore issued, provided such construction shall have been started and shall be diligently prosecuted to completion within six (6) months following the date of issuance of such permit. G. AeDairs and Alterations Repairs and alterations may be made to a non -conforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is I changed to a conforming use; and provided that no additional dwelling Cunits shall be added where the non -conforming use results from there being more dwelling units on the lot than is permissible in the d}strict in which the building is located. The Board may grant as Sec. 6-3: B,C,D, E,F,G r a special exception, an application to extend or enlarge a building i occupied by a non -conforming use on the lot occupied by such building provided such grant does not prevent the return of such property to a conforming use.\ SECTION 6-4 NON -CONFORMING ,SES r A. Continuance of Non -Conforming Use l Any non -conforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the non -conforming use on the effective date of this ordi- nance or on the effective date of any amendment by which the use became non -conforming, but such land area or floor area shall not be increased, except that such limitation shall not apply to farming uses. B. Registration of Non -Conforming Use It shall be the right of the joint tenants and owners of a non -conforming use to register same by securing a Certificate of Occupancy as provided in Section 3-1. C. Changing a Non -Conforming Use 1) To a Conforming Use: Any non -conforming use may be changed to a use conforming with the regulations herein established for the district in which the non -conforming use is located; provided, how- ever, that a non -conforming use so changed shall not thereafter be changed back to a non -conforming use. 2) To Another Non -Conforming Use: The following, and no other, non- conforming uses may be changed to another non -conforming use; provided, however, that a non -conforming use changed to another non -conforming uses as hereinafter provided, shall not thereafter be changed back to the former non -conforming use. (a) A non -conforming use which is permitted as a Principal Use in a given Residential District may be changed to any other Principal Use which is also permitted in said given Residential District. (b) A non -conforming use which is permitted as a Principal Use in only one or more of the Business or Industrial Districts and which is more restricted in terms of the listing of Principal Uses than the particular Business or Industrial District in which the non -conforming use is a Principal Use, may be changed to any use which is a Principal Use in any one of the LBusiness Districts which is more restricted. L r: Sec. 6-3: G 6-4: A,B,C ARTICLE VII OFF-STREET PARKING AND LOADING SECTION 7-1 GENERAL REQUIREMENTS A. Responsibility The duty to provide and maintain off-street parking and loading space shall be the joint and several responsibility of the owner and occupants of the land on which is established any use for which off-street parking or loading space is herein required. B. Parking for Existing Uses • 1) It is the intent of these regulations to preserve and retain existing off-street parking and loading spaces in at least the minimum amounts as would be required if the existing use or structure had been estab- lished or erected in full compliance with the provisions herein. 2) No certificate of occupancy shall be issued, no use shall be estab- lished or changed, and no structure shall be erected, enlarged or reconstructed unless the off-street parking and loading spaces are provided in the minimum amounts and maintained in the manner speci- fied; provided, however: (a) For the enlargement of a structure or for the expansion of a use of structure or land there shall be required only the number of off-street parking and loading spaces as would be required if such enlargement or expansion were a separate new structure or use; and (b) For a change in the use of a structure or land the number of additional off-street parking and loading spaces required shall be equal to the number required for the new use, according to the schedule below, less the number of spaces which would have been required for the previous use if it had been established in conformance with this Section. In no case shall the total number of spaces required to be furnished exceed the minimum number required for the new use. C. Measurement 1) When units or measurements result in requirements of a fractional space any fraction up to one-half (') shall be disregarded and fractions of more than one-half (L1) shall require one (1) space. 2) Loading space shall not be considered to supply required off-street parking space, nor shall required off-street parking spaces supply ` required off-street loading spaces. Sec. 7.1: A,B,C F LSECTION 7-2 PARKING AND LOADING AREA DEVELOPMENT STANDARDS The off-street parking or loading facilities required for the uses mentioned in this ordinance, and other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve, or on a lot or parcel of land abutting the structure they are intended to serve. A. Improvements A) Open parking, loading and unloading berths shall be paved with a V dust proof or hard surface except that parking areas not more than six (6) spaces serving dwelling units may be surfaced with compacted gravel or crushed stone. r2) Parking and loading spaces shall be provided with wheel guards or bumper guards so located that no part of the parked vehicles shall extend beyond the parking space or across a property line. 3) Any light used to illuminate or identify a parking or loading area shall be placed so as to reflect the light away from the adjacent dwellings, and so as not to interfere with traffic control. 4) A parking or loading area designed for more than six (6) spaces or berths shall be screened so that occupants of nearby dwelling units shall not be disturbed unreasonably, either by day or by night, by vehicular movements. A solid wall of wood or masonry not less than four (4) feet in height shall constitute minimum screening. Said wall shall be maintained in a neat and orderly condition and shall be of a neutral color. Except for necessary driveways, said wall shall screen the vehicle area along those exposures where the vehicle area adjoins or is across a street or alley from property in a Living Area Zone. Provided, however, no screen wall shall be required for a parking area which is at least seventy (70) feet from the lot line of affected property in a Living Area Zone. ■ B. Access and Maneuvering 1) Entrances and/or exits shall be so located as to minimize traffic congestion. They shall be located at least twenty-five (25) feet from the nearest point of intersection of two street right-of-way lines. The width of opening on entrances and/or exits shall be not less than 10 feet nor more than 35 feet, depending on the amount of lot frontage where such opening is to be located. Between any two (2) adjacent entrances and/or exists serving the same parking facility there shall not be less than twenty-five (25) feet. C 2) Parking and loading areas shall be arranged so that vehicles shall not be required to back out of the parking or loading spaces directly into a public street or across a public pedestrian walk. 3) Access drives to parking and loading areas shall be located in the same or another zoning district which permits the use served by such parking or loading area. ^ Sec. 7-2: A,B I C. Non -Parking Uses t The parking area shall be used for passenger vehicles only, and in no case shall be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials, or supplies. D. Locations Prohibited On any lot in any residential zone or on any lot used for a dwelling, off-street parking or loading spaces shall not be permitted in the mini- mum front yard. Yards along front and side streets shall be landscaped and maintained in a manner comparable to the area around the principal use. E. Space Standards 1) A space ten (10) feet by twenty (20) feet of floor or lot area with unobstructed access to a public street shall be deemed to be a parking space for one (1) vehicle: such space when provided for other than a dwelling unit shall not be required to be greater than nine (9) feet in width. 2) Table 1, attached hereto, is incorporated in and made a part of this Ordinance, and shall be used in determining capacity of off-street parking areas. 3) Unless otherwise specified, a space twelve (12) feet by forty (40) feet of floor or lot area with a clear height of fourteen (14) feet, and with unobstructed access to a public street or alley shall be deemed to be loading space for one vehicle. Sec. 7-2: C,D,E IR .+.tn YIP�t H.00 OP W vm N •-�00 •-�00 % % k k % % % % % % k k vvv .zz.Zi Z.Ziv v.Ziv N N N N • y P P Z Z Z Nmm n11 n nn .O .D .O ZZ Z 000 V.00 W NSD W v 0 W SON 000 Nr.-� n.o V mm N 000 000 NN N 000 0V. � N N N ONv oc o N NN 000 b�O �O �O .O �O NNN .q .y .i ti .y .y .y .•� .r ..a .y ..a .r ..� .q N N N O m 0 n N W N P N m r P O N P c o o OP P : W W F 00 N N•: N Nti 000 N N N N N N N N N N N N a W f •D �O �O W z N. O PP OP P O P P O PP O PP OPP •y. d p L o a u U O w I I W awm ~ W m H N U 8 U u Z t d W r�W 3 - - 1-1 M .+ 0 0 o W o ud t O N d n O N O N 0 a a m W W H L 4 cd3 a � o a v a i W O O v d H mN dr H m ? W v U ql O 6I F [a F m . Ian N Table I [pEy4 O W O G d 3 C d m G F w z m N O W •A y6 m N 1 �1 O 6 y 1 m Z,2 m y� 0 H U m a i N W � a L F w 3 .d d Z W N i-1 z� L 1 .+.tn YIP�t H.00 OP W vm N •-�00 •-�00 % % k k % % % % % % k k vvv .zz.Zi Z.Ziv v.Ziv N N N N • y P P Z Z Z Nmm n11 n nn .O .D .O ZZ Z 000 V.00 W NSD W v 0 W SON 000 Nr.-� n.o V mm N 000 000 NN N 000 0V. � N N N ONv oc o N NN 000 b�O �O �O .O �O NNN .q .y .i ti .y .y .y .•� .r ..a .y ..a .r ..� .q N N N O m 0 n N W N P N m r P O N P c o o OP P : W W F 00 N N•: N Nti 000 N N N N N N N N N N N N a �D �O •D �O �O �O N. O PP OP P O P P O PP O PP OPP •y. p L u m H 8 - - 6 o .+ 0 0 o W o ud • O N O n O N O N 0 O L F 0 F E: v mN dr va W v ql Sec. 7-2 Table I i. SECTION 7-3 OFF-STREET PARKING REQUIREMENTS In all zoning districts there shall be provided for each allowable use, off-- street parking space in accordance with the following requirements. A. Basis for Determination The following classes of uses shall be deemed to include and apply to all uses. Whenever a property or structure is designed, intended or arranged for more than one class of use the total number of parking spaces required shall be the sum of the requirements of the various classes of uses com- puted separately. If for any reason the classification of any use is * not readily determinable hereunder, the classification of the use shall be fixed by the Zoning Official with the advice of the Commission. L B. Joint Use Parking Facilities A management entity for any combination of facilities which are located on one or more properties and which are owned or controlled as a unit may apply to the Board of Adjustment for a special exception for Joint Use Parking Facilities. Such Joint Use Parking Facilities may provide a total amount of parking less than the am of parking spaces which would be fur- nished by each facility individually. The application shall state how the individual uses are expected to generate a lesser parking demand, or demand at alternating periods, such as for a church and office building. If the uses are all of a commercial nature the parking furnished shall be not less than 5.5 spaces for each 1,000 square feet of gross leasable area. FC. Classes of Uses; Number of Parking Spaces Required The minimum number of off-street parking spaces required shall be as follows: 1) Dwellings: One (1) space for each dwelling unit plus one (1) space for each three (3) bedrooms. 2) Group Housing Facilities, including lodging, rooming and boarding houses, dormitories, private clubs and fraternal organizations; Two (2) spaces plus one (1) space for each guest bedroom. 3) Transient Housing: Motels or Hotels: One (1) space for each unit or for each guest room. Travel Trailer Parks: one (1) space for each trailer space provided. 4) Day Care Center: One (1) space plus one (1) space for each ten t(10) children for which the center is licensed. Sec. 7-3: A,B,C L r 5) Educational Teaching Areas, including elementary and secondary schools, colleges, kindergartens and preschools, parochial schools: One (1) space for each classroom, plus one (1) space for each five (5) students of legal driving age. — 6) Places of Public Assembly, including church and school audi- toriums, fellowship halls, theaters, mortuaries, assembly or meeting halls, and transportation terminal waiting rooms: One (1) space for every four (4) seats or one (1) space for every thirty (30) square feet of assembly floor area, excluding plat- form and stage areas, or one (1) space for every ninety (90) inches of pew or bench length. For churches these space require- ments shall apply to main worship area. 7) Health Facilities: One (1) space for each two (2) work stations, plus: General Hospital: One (1) space for each two (2) patient beds. Convalescent Home, Sanitarium: One (1) space for each six (6) patient beds. Out -Patient Medical or Dental Clinic: One (1) space for each E one hundred (100) square feet of gross floor area. 8) Restaurant and Food Service: One (1) space for each three (3) j seats in the eating area, whether enclosed or outside of a building. 9) Office Areas: One (1) space for each three hundred (300) square r feet of gross floor area. _ 10) Retail Sales and Personal Service Establishments: One (1) space for each two hundred (200) square feet of gross leasable area. 11) Wholesale and Business Service Establishments: One (1) space for each four hundred (400) square feet of gross leasable area. 12) Major Appliances and Heavy Machinery Sales Room and Service: One (1) space for each four hundred (400) square feet of total sales or service area. 13) Automobile Sales Area and Service Garages: One (1) apace for each four hundred (400) square feet of total sales or service area. 14) Service Station: One storage space for each automotive service bay or unit, including gasoline pump areas, but not less than four (4) spaces. [ 15) Bank, Financial Institution, Savings and Loan Association: One (1) space for each two hundred (200) square feet of customer service area including all teller and safe deposit vault spaces. Sec. 7-3: C L I Sec. 7-3: C 16) Industrial Establishment, including manufacturing or processing ! plants: One (1) space for each one thousand (1,000) square feet of plant production or processing area Warehousing and Rental Storage Space: One (1) space for each seven hundred (700) square feet of total floor area. 17) Recreation and Cultural Facilities: a) Amusement Park: One (1) space for each amusement ride plus one (1) space for each ten thousand (10,000) square feet of rpark site exclusive of parking area. b) Bowling Alley: Two (2) spaces for each lane plus one (1) space for each four (4) spectator seats. c) Miniature Golf Course: One (1) space for each two (2) tees. d) Dance Floor: One (1) space for each forty (40) square feet iL of dance floor area. e) Swimming Pool: One (1) space for each one hundred fifty (150) square feet of water surface area. f) Stadium: One (1) space for each six (6) spectator seats. g) Museum and Library: One (1) space for each four hundred (400) square feet of public access and exhibit areas. r l 18) Drive-in Facilities: Temporary parking spaces are to be provided in moving lanes, or "stack -up" space, preceding customer service i space. a) Drive-in Banks: Two (2) spaces for each teller window, plus one (1) exit space beyond the window. b) Drive-in Retail Stores and Personal Service Establishments: Two (2) spaces for each customer service window, plus one (1) exit space beyond the window. c) Drive -in -Theater: One (1) space for each four (4) viewing spaces within the theater. 19) Temporary Uses: For all uses to be established for a period of not more than thirty one (31) days, the number of spaces required and the maintenance of the parking area shall be determined by the Zoning Official. Sec. 7-3: C SECTION 7-4 OFF-STREET LOADING REQUIREMENTS In all zoning districts there shall be provided in connection for each allowable use, off-street loading facilities in accordance with the following requirements. A. General Standards At least the following amounts of off-street loading space shall be provided, plus an area or means adequate for ingress and egress. The number of spaces required, except as modified hereafter, shall be not less than the following which shall be deemed to include and apply to all structures: GROSS FLOOR AREA -- SQUARE FEET SPACES REQUIRED 109001 up to and including 25,000 . . . . . . . . . . . . . 25,001 up to and including 40,000 . . . . . . . . . . . . . 40,001 up to and including 100,000 . . . . . . . 100,001 up to and including 160,000 . . . . . . . . . . . . . 160,001 up to and including 240,000 . . . . . . . . 240,001 up to and including 320,000 . . . . . . . . . . . . . 320,001 up to and including 400,000 . . . . . . For each additional 90,000 over 400,000 . . . . . . . . . . . 1 2 3 4 5 6 7 1 B. Special Standards The following amounts of off-street loading spaces shall be required for the following enumerated use classes in lieu of the above. . a) Nursing or Convalescent Home: None b) Pre-school, Kindergarten or Day Care Center: Two (2) spaces each ten (10) feet by twenty (20) feet. c) Tourist Facilities: One-fourth the number of spaces required above. d) Places of Public Assembly: One-fourth the number of spaces required above. e) Office Areas: One-fourth the number of spaces required above. Sec. 7-4: A,B i - to be placed above the roof level and not intended for human occupancy. 2) Visibility at Intersections: On a corner lot in any Residential District, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (210 and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of the intersection. C. Yard Provisions C1) Depth of Front Yard: Depth of front yards shall be measured at right angles to a straight line joining the foremost points of the L side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lings would have met without such rounding. Front and rear front yard lines shall be parallel. r Sec. 8-1: A,B,C ARTICLE VIII SPECIAL DEVELOPMENT CONTROLS The regulations and development controls of the various diatricts shall be modified by and be subject to the following provisions and limitations. SECTION 8-1 BUILDINGS AND STRUCTURES A. Lot Requirements 1) Lot Required: Every building hereafter erected shall be located on a lot as herein defined, and in no case shall there be more than one main building on one lot, except as herein provided. 2) Multiple Structures on Lot: In any district, more than one structure for a permitted Principal Use other than a dwelling, may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot. 3) Deficient Lot Area: Where a lot has less area than herein required and was of record and in separate ownership at the time of the passage of this ordinance, said lot may be occupied by a dwelling for not more than one family. 4) Frontage on Street: Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an improved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. B. Height Limitations 1) General Exceptions: The height regulations contained in the District Regulations do not apply to spires, belfries, cupolas, antennas, water 1 tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. 2) Visibility at Intersections: On a corner lot in any Residential District, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (210 and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of the intersection. C. Yard Provisions C1) Depth of Front Yard: Depth of front yards shall be measured at right angles to a straight line joining the foremost points of the L side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lings would have met without such rounding. Front and rear front yard lines shall be parallel. r Sec. 8-1: A,B,C 2) Front Yard on Through Lots: Unless the prevailing front yard pattern e on adjoining lots indicates otherwise, front yards shall be provided on all frontages of through lots. Where he finds that one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Zoning Official shall waive the requirement for the normal front yard and substitute there- for a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. 3) Width of Side Yard: Side Yard width shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. 4) Depth of Rear Yard: Rear Yard depth shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line, 5) Corner Lots with Three or More Frontages: On corner lots with more r than two (2) frontages, the Zoning Official shall determine the front ` yard requirements subject to the following limitations: (a) At least one front yard shall be provided having the full depth required generally in the district; (b) No other front yard on such lot shall have less than half the full depth required generally. 6) Reversed Frontage Lots: A front yard of the required depth shall be provided on either frontage of a reversed frontage lot, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. 7) Yards for Accessory Buildings: No accessory buildings shall be erected in any required yard, and no separate accessory building shall be erected within five (5) feet of any other building on said lot. 8) Special Yards: In those cases in which the above generai tules do not apply the Zoning Official shall require a yard with minimum dimensions as generally equivalent to a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoin- ing lot or lots with due regard to the orientation and location of structures and buildable areas thereon, 9) Other Yard Uses: Fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture, and roof overhangs not exceeding 36 inches, may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. Sec. 8-1: C L r. r 3) Residential Area Nuisance: No sign or lighting permitted under this ordinance shall be authorized wherein such sign or lighting directly exposes and subjects nearby residential property to high intensity lighting or to noise. 4) Real Estate Sales Sign: Temporary signs announcing the sale or rental of the real estate on which placed shall be permitted in any district and may be placed in any yard. Such sign shall not exceed four (4) square feet in area and shall be removed within one week following the close of the sale or lease. Sec. ,E-1: D,E D. Temporary and Accessory Uses and Buildings 1) Construction Buildings and Security Fences: Nothing herein shall prohibit the placement of temporary portable buildings providing office space, sanitary facilities or storage of supplies or materials, or the erection of security fences on the site and during the period of any construction project. However, no manufacturing operation shall be conducted within a temporary or portable building when the project of such operation is to be transported off the site for use in construction at another location. 2) Mechanical Equipment: Air conditioning and similar mechanical equipment shall not be mounted in minimum yard spaces. Equipment shall be so placed as to direct motor and fan noise away from the ! a nearest property line. E. Signs and Lighting 1) Symbols: Symbols which are designed as an integral part of the building structure, and symbols and signs which are not visible or readable from the public street shall not be limited by the sign regulations of the zoning district. 2) Traffic Control Conflicts: No sign permitted under this ordinance 1 shall be erected, placed or allowed to remain wherein such sign creates confusion, impairs hearing or vision, or otherwise distracts the automotive driver using any public street. Specifically pro- hibited is high intensity bare bulb lighting, signs which distract !l from visibility of traffic signs or signals by reason of color or manner of operation, and signs or equipment which produce noises simulating sirens, bells, or whistles. 3) Residential Area Nuisance: No sign or lighting permitted under this ordinance shall be authorized wherein such sign or lighting directly exposes and subjects nearby residential property to high intensity lighting or to noise. 4) Real Estate Sales Sign: Temporary signs announcing the sale or rental of the real estate on which placed shall be permitted in any district and may be placed in any yard. Such sign shall not exceed four (4) square feet in area and shall be removed within one week following the close of the sale or lease. Sec. ,E-1: D,E I SECTION 8-2 SPECIAL USE REQUIREMENTS A. Uses in Newly Annexed Areas: Interim Controls •r Uses in all territory hereafter annexed to the City shall be subject to the regulations of the lowest density Residential District until the j original zoning districts of such territory are established by Council. The Commission shall, as soon as practicable after annexation of any territory, institute proceeding on its own motion to establish original zoning districts throughout the newly annexed territory, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning districts governing other parts of the municipality. B. Swimming Pools It is the purpose of these provisions to recognize outdoor swimming pools I as a potential attractive nuisance and to promote the public safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether pri- vately, publicly or commercially owned or operated. 1) Permits,and Approvals: No swimming pool shall be constructed or used until a Swimming Pool Building Permit and Certificate of Occupancy have been issued therefor, No Building Permit and no final Certifi- cate of Occupancy shall be issued unless the proposed sanitary facili- ties and water supply will comply with applicable local and State Health Department regulations. 2) Requirements: A swimming pool may be constructed and operated in conjunction with any Principal Use or Special Use when: (a) The pool is not located in any minimum yard space. (b) A wall or fence, not less than four (4) feet in height, with self -latching gates at all entrances, shall completely enclose either the pool area, and such wall or fence is not located in a minimum front yard. (c) All lighting of the pool is shielded or directed to face away j from adjoining residences. if lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties. (d) No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers LSec. 8-2: A,B C. Day Care Centers, Kindergartens and Private Elementary Schools Day care centers, kindergartens and private -elementary schools are recognized (1) as potential noise generators which may adversely affect livability of nearby residences, and (2) as uses which house for a short term, young children whose safety must be given special consideration. 1) Permits and Approvals: No Building Permit or Certificate of Occupancy shall be issued unless the sanitary facilities and water supply will comply with applicable local laws and State Health Department regulations. ■L 2) Requirements: There shall be furnished on the site outdoor play area of not less than one hundred (100) square feet for each child authorized by state license to be cared for on the premises. Such minimum required play area shall be located in the side or rear yards and shall be completely enclosed by a fence or wall. D. Home Occupations I In connection with the operation of a dwelling, any use permitted as a home occupation may be operated subject to compliance with the following conditions: 1) Is operated in its entirety within the dwelling unit and only by the person or persons maintaining a dwelling therein. 2) Does not have a separate entrance from outside the building. 3) Does not display or create outside the building any external evidence F of the operation of the home occupation except for one (1) unanimated, nonilluminated flat or window sign having an area of not more than one hundred forty-four (144) square inches facing on each street adjoining the lot in which the building is located. r4) Does not utilize more than twenty per cent (20%) of the gross floor area, but not to exceed three hundred (300) square feet in a dwell- ing unit. 5) Does not have any employee or regular assistant not residing in the dwelling unit in which the home occupation is operated or maintained. E C Sec. 8-2: C,D �l F' LE. Completion of Existing Buildings Nothing herein contained shall require any change in the plans, con- struction, or designated use of a building actually under construction Iat the time of passage of this ordinance and which such entire building shall be completed within one (1) year from the passage of this ordinance. Nothing herein contained shall require any change in plan, construction, or designated use of a building for which a building permit has been heretofore issued and which entire building shall be completed within six (6) months from the date of passage of this ordinance. If any amendment to this ordinance is hereafter adopted changing the boundaries or districts, the provisions of this ordinance with regard to buildings or uses legally existing, or to buildings legally under construction or R building permits legally issued in the area affected by such amendments at the time of the passage of such amendment, shall not cause such use to be terminated or to bar the occupancy of such building unless pro- vided by other proceedings at law. L I I Sec. 8-2: E 1� i ( ARTICLE IX PERFORMANCE STANDARDS SECTION 9-1 STANDARDS ESTABLISHED rIn any district no land shall be used in any manner other than in compliance with the performance standards herein set forth. Where appropriate all other applicable local, State and Federal regulations shall apply to the characteristics of the use. 1) Fire and explosion hazards. All activities involving, and all storage of, inflamable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion R and adequate fire -fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fire is prohibited at any point. 2) Radioactivity or electric disturbance. No activities shall be per- mitted which emit dangerous radioactivity at any point, or electrical or electronic disturbance adversely affecting the operation at any I point of any equipment other than that of the creator of such dis- turbance. 3) Noise. At the points of measurement specified in Section 9-2, the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table II after applying the correction as shown in Table III. The sound pressure level shall be measured with a Sound Level Meter and ( associated Octave Band Analyzer conforming to standards prescribed by R the American Standards Association. (American Standard Sound Level Meters for measurement of noise and other sounds, Z 24, 3-19449 American Standards Association, Inc., New York, N. Y., and American Standard Specification for an Octave -Band Filter Set for the analysis of Noise and Other Sounds, Z24-10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y. shall be used). 4) Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in Section 9-2. 5) Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart or the standard Ringlemann Chart as issued by the United States Bureau of Mines, C except that visible grey smoke of a shade equal to No. 3 on said chart may be emitted for 4 minutes in any 30 minutes. 6) Odors. No emission shall be permitted of odorous gasses or other odorus matter in such quantities as is readily detectable when diluted in the ratio of one volume of odorus air to four volumes LSec. 9-1 C of clean air at the points of measurement specified in Section 9-2 or at the point of greatest concentration. Any process which may involve the creation or emission of any odor shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors in Table III, 'Odor Thresholds", in Chapter 5, "Air Pollution Abatement Manual", copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C. and said manual and/or table as subsequently amended. Sec. 9-1 7) Fly Ash, Dust, Fumes, Vapors, Gases and other forms of Air Pollution No emission shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any execssive soiling, at any point. No emissions shall be permitted in excess of the standards specified in Table I, Chapter 5, Industrial Hygiene Standards, Maximum Allowable Concentrations", of the "Air Pollution Abatement Manual", copyright 1951 by Manufacturing L Chemists' Association, Inc., Washington, D.C. and said manual and/or table as subsequently amended. In no event shall any emission, from any chimney or otherwise, of any solid or liquid particles in concen- trations exceed 0.3 grains per cubic foot of the conveying case at any point. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500 degrees Fahrenheit and fifty (50) percent excess air. 8) Glare. No direct or sky -reflected glare whether from floodlights or from high temperature processes, such as combustion or welding or otherwise, shall be visible at the points of measurement specified in Section 9-2. This restriction shall not apply to signs otherwise Fpermitted by the provisions of this ordinance, 9) Liquid or Solid Wastes, No discharge at any point into any public L sewer, private sewage disposal system, or stream, or into the ground, except in accord with standards approved by the State Department of Health or standards equivalent to those approved by such department, for similar uses, of any materials of such nature or temperature as can contaminate any water supply, interfer with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements. Sec. 9-1 r TABLE 11 PERMITTED SOUND PRESSURE LEVELS Frequency ranges containing Allowable Sound Standard Octave Bands in Pressure Level Cycles per second In Decibels 20-300 300-2400 Above 2400 60 40 30 F If the noise is not smooth and continuous and is not radiated between the hours of 10 p.m. and 7 a.m. one or more of the corrections in Table III shall be applied to the octave band levels given in Table II. L TABLE III ALLOWABLE INCREASES IN SOUND PRESSURE LEVELS FOR SPECIFIC NOISE CONDITIONS Type or Location of Operation Correction in or Character of Noise Decibels 1. Daytime opreration only 5 2. Noise source operates less thanl a. 20% of any one-hour period 5 b. 5% of any one-hour period 10 3. Noise of impulsive character (hammering, etc.) 5 4. Noise of periodic character (hum, screech, etc.) 5 5. Property is located in one of the following zoning districts and is not within 500 feet of any Residential or Special Purpose District a. Any Commercial District 5 b. Any Industrial District 10 I Apply one of these corrections only. Sec. 9-1 Table II Table III SECTION 9-2 ENFORCEMENT A. Measuring Violations In order to determine if actual violations are involved, certain measure- ments are necessary for the enforcement of performance standards herein set forth pertaining to noise, vibration, odors, and glare. These measurements are as follows: 1) Twenty-five (25) feet from the source of origin or at the closest lot line in any district except an industrial district. 2) In an industrial district five hundred (500) feet from the source of origin or at the closest District boundary, or anywhere within an adjacent district other than an industrial district. B. Administrative Responsibility The Zoning Official shall have the power to refuse a Building permit when insufficient information is provided to determine the likelihood and compliances with these performance standards. Information to be supplied the Zoning Official shall include the proposed feature of development, with all details pertaining to the proposed processes and products and all necessary specifications to judge the proposed measurers against the emission of dangerous and objectionable elements as herein elaborated. pees for any required special reports shall be included in the application. Qualified expert consultants may be employed for analysis, if in the opinion of the Zoning Official the proposed uses may cuase dangerous F or objectionable emissions. These reports shall be presented in due process and without delay with a copy for the applicant. C. Council Responsibility Y. Within thirty (30) days of receipt of application, or in case of a R required expert consultant report, within a reasonable and mutually agreed upon period, the application shall be reviewed by the Council, after which the Building permit shall be issued, refused, or granted subject to modification of plans. In case of alleged violations, of performance standards, the Zoning Official shall investigate and report to the Council on any deviations from the performance standards. The Council shall analyze the report with the help of qualified experts, and after public hearing shall determine whether or not a violation exists. Costs for a qualified expert shall be paid for by the violator if a violation is established, otherwise by the City. Sec. 9-2: A,B,C G L ARTICLE X DISTRICTS AND DISTRICT BOUNDARIES SECTION 10-1 ESTABLISHMENT OF DISTRICTS In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and limit the height and bulk of buildings here- after erected, reconstructed, altered or enlarged, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the municipality is hereby divided into the zoning districts described in Article XI. SECTION 10-2 OFFICIAL ZONING MAP The districts aforesaid, and the boundaries of such districts, shall be as shown upon the map attached hereto and made a part of this ordinance, said map being designated 'Official Zoning Map," and said map and all notations, references, and other information shown thereon shall be a part of this ordi- nance the same as if all such matters and information were fully described herein. The original of said map shall bear even date with the passing of this ordinance; shall be signed by the Mayor and attested by the City Secretary, under the seal of the City, and shall be kept in the office of the City Secretary in the City Nall; a replica thereof shall be reproduced at such scale as will permit its being attached to this ordinance. SECTION 10-3 DETERMINATION OF BOUNDARIES In determining the location of zoning district boundaries on the map accom- panying and made a part of this ordinance, the following rules shall apply: (a) Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys, as they exist at the time of adoption of this ordinance, shall be the zoning boundary; or (b) Where boundaries are shown to enter on cross blocks, property lines of lots, as they exist at the time of adoption of this ordinance, shall be the zoning boundary; or (c) Where boundaries are shown on unsubdivided property, the location shall be determined by scale shown on the map unless dimensions are given on the map. Sec. 10-1 10-2 10-3 ARTICLE XI DISTRICT REGULATIONS J Ir it ARTICLE XI DISTRICT REGULATIONS SECTION 11-1 DESCRIPTIONS OF ZONING DISTRICTS A. Working Area Zones The working area zones consist of those districts in which the primary purpose is the establishment and operation of activities of a commercial or industrial nature. Uses are grouped in terms of their operating characteristics, their functional relationship to one another, and the extent of their service to the neighborhood, the city or the region. Commercial districts provide for offices, personal service establishments, retail sales, intensive business uses and wholesale sales activity. Manufacturing and industrial districts are designed i for a wide variety of uses including storage, processing, fabrication, manu- facturing, repairing or distribution of products. Regulations insure the grouping of compatible uses with particular attention to building bulk, user demand, transportation needs, and requirements for public services and utilities. Where appropriate, special safeguards are imposed to protect adjacent property in non -compatible zones. I B. Living Area Zones The living area zones consist of residential districts accommodating housing of various types. District regulations are designed to stabilize and protect the essential characteristics of the districts, to promote and encourage a suitable environment for family life consistent with the density limitations r of the zone, and to permit those uses which are necessary to the functioning `r of a residential community. Density of family units is limited by means of minimum area requirements per dwelling unit. Other regulations provide for yard and open space, limitations on building bulk, and for separation between i detached buildings. C. Special Purpose Zones The special purpose zones are designed to recognize the unique requirements of urban life and community development. The objective of these zones is to provide a convenient mechanism for dealing with the problems of urban growth in a manner that recognizes the needs of the community while respecting the rights of individuals. SECTION 11-2 UNIFORM HEIGHT AND AREA REGULATIONS The regulations set forth in the following table are established as minimum and maximum tolerance limits to regulate the development of land, the provision of open space, the density of dwelling units, and the height of buildings and other structures in each of the districts listed. Where required for specific uses or development special height and area regulations found elsewhere and in each zoning district shall also apply. 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N N V V 1� O 60GC RISCO NVn� it K .O N 'F•�1' 1 S Fi as Q w W y I q w w NNU • gf�Zi+W VI i : + O 52 W 4 W [1 WORKING AREA ZONES f a 7 IZONING ORDINANCE DISTRICT DESCRIPTIONS ISECTION 11- 0-S OFFICE -SERVICES DISTRICT A. Purposes of District The Office -Services District is designed to permit those business and pro- fessional services that serve primarily the nearby residential areas or adjacent retail and commercial establishments. Activity is characterized by a relatively low daily volume of direct customer contact. The regulations of the district are designed to permit the allowed uses while providing protection to adjacent - residential development. The district may be located appropriately either as a buffer between residential and more intensive commercial or industrial uses, or as a free-standing zone placed for maximum efficiency of service to surround- ing residential uses. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Dwelling, single-family, two family, three family, or four family. 2. Floral shop, gift shop. 3. Health Service Facilities; Clinics, offices of dentists, doctors and other practitioners of the healing arts licensed or similarly recognized under the laws of the State of Texas; offices for specia- lists in supportive health service fields such as physical, audio and speech therapy, physiotherapy, podiatry and psychological testing and counseling; dental, medical and optical laboratories and blood banks; ambulance dispatch stations, prescription pharmacies; and offices, stores and display rooms for the sale and rental of medical supplies and equipment. r 4. Library 5. Museum 6. Non-profit membership organization, but not including related insti- tutional uses, publishing houses or commercial activities. 7. Office, business: an office in which chattels or Y goods, wares of merchandise are not commercially created, displayed, sold or exchanged. [ 8. Office, professional; for: accountant, architect, engineer, lawyer or surveyor. L Sec. 11 : 0-S A,B L Ir 9. Studio, for professional work or teaching of any form of commercial L or fine arts, photography, music, drama, dance, but not including commercial gymnasium, dance hall, or job printing. 10. Telephone answering service. C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback lines, except that parking areas may extend to the property lines along front and side streets. D. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be per- mitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as pro- vided in Section 5-5. 1. Church, when located on a site of not less than two (2) acres. 2. Club or lodge, private and operated for benefit of members and not for gain. 3. Community Center. 4. Kindergarten, pre-school or day care center. 5. Nursing and care homes. 6. Radio or Television studio. a, 7. Utility buildings and structures; power sub -stations, water tanks Land reservoirs, water and sewage treatment plants, but not including storage or maintenance yards. LSec. 11- : 0-S B,C,D L rA in E. Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. In addition to the Uniform Regulations there shall be furnished minimum side yards as follows: 6 feet when adjoining any Living Area Zone; 0 feet along other zones, but if a side yard is provided it shall be not less than 3 feet. [ F. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. L 1. All Signs: unless otherwise allowed all signs shall be subject to the following limitations. r a. Location: mounted on the face of the building or on a canopy ` over entrance areas but extending not more than two (2) feet above the height of the wall at the face of the building; b. Size: total area of all signs shall not exceed one (1) square foot in area for each four (4) linear feet of frontage along the street; allowable areas shall be computed separately for each frontage; provided, however, a minimum of at least one sign shall be allowed on each frontage and each such sign or signs may have an area of twelve (12) square feet; c. Lighting: may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. r 2. Business Identification Signs: permitted 3. Directional Signs: a. May be placed in any yard b. Shall not exceed two (2) square feet in area, nor at a height greater than four (4) feet above curb elevation. 4. Facility Identification Signa: a. May be placed in any yard. b. Shall have an area not to exceed one (1) square foot in area for each eight (8) linear feet of frontage along the street provided, however, a minimum of at least one sign shall be allowed on each frontage and each such sign or signs may have an area of twelve (12) square feet. LSec. 11- : 0-S E,F ipp I5. Subdivision Identification Signs: subject to same limitations as ! a Facility Identification Sign. E I L Sec. 11- : 0-S E 17 16 ZONING ORDINANCE DISTRICT DESCRIPTIONS SECTION 11- LR LOCAL RETAIL DISTRICT A. Purpose of District The LR Local Retail District is a restricted business district comprised of business and professional service establishments and of retail stores that serve primarily the every -day shopping needs of the surrounding residential neighborhood. When located adjacent to a state or federal highway the district includes those uses customary and necessary to serve the needs of the tourist and inter -city highway traveler. The regulations of this district are designed to permit the uses listed while protectingadjacent residential development by establishing low density residential district standards. ` B. Principal Uses In this district no building or land shall be used and no building shall be I hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. ✓1. Bank, savings and loan association, financial institution. 2. Cafe, lunch room, tea room, restaurant, excluding drive-in restaurant. 3. Church, when located on a site of not less than two (2) acres. 4. Community Center, public; recreation and park facility, public. 5. Dwelling, single-family, two family, three family, or four family. 6. Floral shop, gift shop. L7. Health Service Facilities: Clinics, offices of dentists, doctors and other practitioners of the healing arts licensed or similarly recognized under the laws of the State of Texas; offices for specia- lists in supportive health service fields such as physical, audio and speech therapy, physiotherapy, podiatry and psychological testing and counseling; dental, medical and optical laboratories and blood i banks; ambulance dispatch stations, prescription pharmacies; and offices, stores and display rooms for the sale and rental of medical supplies and equipment. S. Library t 9. Museum ■L 10. Non-profit membership organization, but not including related ■( institutional uses, publishing houses or commercial activities. 4 Sec. 11 : LR 1 A,B L T. op 11. Office for business, professional and semi-professional uses and occupations. 12. Personal service establishment, including barbershop, beauty shop, clothing repair, pressing shop, self-service laundry, self-service dry cleaning, shoe repair shop, watch or jewelry repair. 13. Retail store for: drugs, food products, furniture and hardware, household objects, hard goods, soft wares and wearing apparel, notions and paper products; provided that all products offered for sale are new or carry current manufacturer's warranty on parts and equipment. 14. Service station, when located on a comer lot having an area of not less than 22,500 square feet and facing a designated State or Federal Highway. 15. Studio, for professional work or teaching of any form of commercial ■ or fine arts, photography, music, drama, dance, but not including commercial gymnasium, dance hall, or job printing. t16. Telephone answering service. 17. Telephone exchange, without shops or garages. C. Accessory Uses r Any use may be established as an accessory use to any permitted principal use e provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and r' c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback lines, except that parking areas may extend to the property lines along front and side streets. D. Special Exceptions f The following may be established only when authorized by the Board of ` Adjustment under the provisions of Article V. Any accessory use may be per- mitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as pro- vided in Section 5-5. Sec. 11- : LR l B,C,D IF L 1. Club or lodge, private and operated for benefit of members and not for gain. 2. Drive-in restaurant. 3. Hotel or motel, when located on a designated State or Federal Highway. 4. Medical Care Facilities: Nursing and care homes; hospitals with their related facilities and supportive retail and personal services uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. 5. Outdoor Advertising Sign, when located on property fronting on a designated State or Federal Highway. 6. Radio or Television studio. ` 7. Swimming pool in conjunction with a hotel, motel, community center or recreation facility when located in the minimum front yard. ■ 8. Trailer park for travel trailers, when located on a site on a designated State or Federal Highway. 9. Utility buildings and structures; power sub -stations, water tanks and reservoirs, water and sewage treatment plants, but not includ- ■ ing storage or maintenance yards. ■ E. Uniform Height and Area Regulations E The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained with- in the district but shall be subject to the specific limitations and modifi- cations set forth elsewhere in this ordinance. In addition to the Uniform Regulations there shall be furnished minimum side yards as follows: 6 feet when adjoining any Living Area Zone; 0 feet along other zones, but if a side yard is provided it shall be not less than 3 feet. F. Sign Controls The following signs shall be permitted by right in conjunction with any permitted principal use or authorized special exception subject to the con- ditions listed. 1. All Signs: unless otherwise allowed all signs shall be subject to r the following limitations. La. Location: mounted on the face of the building or on a canopy over entrance areas but extending not more than two (2) feet above the height of the wall at the face of the building; Sec. 11- : LR E,F L IIN b. Size: total area of all signs shall not exceed one (1) square ! foot in area for each one (1) linear foot of frontage along the street; allowable areas shall be computed separately for each frontage; provided, however, a minimum of at least one sign shall be allowed on each frontage and each such sign or signs may have an area of twelve (12) square feet; c. Lighting: may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; re- volving signs shall not be permitted. [ 2. Business Identification Signe: permitted. 3. Center Identification Signs: When this district is combined with the PD Planned Development District one additional sign may be placed along each frontage to identify a planned shopping center subject to the following provisions which are cumulative with other sign regu- lations. a a. Location: may be located in the front yard; b. Size: (1) shall have a total aggregate sign area, counting all faces, �. of two hundred (200) square feet for the first six (6) acres, and fifty (50) square feet for each six (6) additional acres of total shopping center site area; (2) shall have a clearance to the bottom of the sign of fourteen (14) feet; (3) shall be mounted on one or two standards, each not over twelve (12) inches in cross-sections; L (4) may have a height not greater than the height permitted for buildings in the district, except that such height may be measured at the property line or at the center line of an r abutting State or Federal Highway, whichever is bigger. 4. Directional Signs: i a. May be placed in any yard. b. Shall not exceed four (4) square feet in area, nor at a height igreater than four (4) feet above curb elevation. 5. Facility Identification Signs: a. May be placed in any yard. LSec. 11- : LR F L Ir b. Shall have an area not to exceed one (1) square foot in area for each eight (8) linear feet of frontage along the street; provided, however, a minimum of at least one sign shall be allowed on each frontage and each such sign or signs may have an area of twelve (12) square feet. 6. Subdivision Identification Signs: subject to same limitations as a Facility Identification Sign. 7. Outdoor Advertising Signs: shall comply with the regulations govern- ing other commercial use structures as to setback, yards and height fr limits. I I` I[ Sec. 11- : LR F F L ZONING ORDINANCE DISTRICT DESCRIPTIONS SECTION 11- GB GENERAL BUSINESS DISTRICT A. Purpose of District The GB -General Business District is a district designed for an extensive variety of retailing, personal services, and business services. Those services shall be encouraged which serve the entire urban area and not primarily the adjacent resi- dential neighborhood. The regulations of this district are designed to permit the uses listed while protecting adjacent residential development by establishing low density residential district standards. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Any non-residential use permitted in the LR Local Retail District as a principal use. 2. Art gallery. 3. Bank, savings and loan association, financial institution. 4. Business college, limited to the teaching of office and business practices and skills. 5. Cafe, lunch room, tea room, restaurant, excluding drive-in restaurant. 6. Church, when located on a site of not less than two (2) acres. 7. Floral shop, gift shop. 8. Library. 9. Outdoor Advertising Sign, when located on property fronting onia designated State or Federal Highway. 10. Recreation use, Commercial. 11. Retail stores and uses of all types 12. Service stations. 13. Transportation Terminal for passenger service: air, bus and rail. Sec. 11- : GB A,B L r C L C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback lines, except that parking areas may extend to the property lines along front and side streets. D. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Drive-in theater when located on a designated State or Federal highway. 2. Medical Care Facilities; Nursing and care homes; hospitals with their related facilities and supportive retail and personal services used operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. 3. Mortuary or funeral home. 4. Trailer park for travel trailers, when located on a site on a designated State or Federal Highway. E. UniformE. Uniform Height and Area Regulations Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained witnin the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. In addition to the Uniform Regulations there shall be furnished minimum side yards as follows; 6 feet when adjoining any Living Area Zone; 0 feet along other zones, but if a side yard is provided it shall be not less than 3 feet. Sec. 11- : GB C,D,E P. Sian Controls ■ The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. All Signs: unless otherwise allowed all signs shall be subject to the following limitations. a. Location: mounted on the face of the building or on a canopy i over entrance areas but extending not more than two (2) feet ` above the height of the wall at the face of the building; Rb. Size: total area of all signs shall not exceed two (2) square feet in area for each one (1) linear foot of frontage along the street; allowable areas shall be computed separately for (1 each frontage; provided, however, a minimum of at least one sign shall be allowed on each frontage and each such sign or ■ signs may have an area of twelve (12) square feet; r c. Lighting: any type of lighting permitted but not in conflict ` with the provision of Section 8-1, E. 2. Business Identification Signs: permitted. 3. Center Identification Signs: when this district is combined with the PD Planned Development District, one additional sign may be placed along each frontage to identify a planned shopping center subject to the following provisions which are cumulative with other sign regulations. a. Location: may be located in the front yard; b. Size: (1) shall have a total aggregate sign area, counting all faces, of three hundred (300) square feet for the first six (6) acres, and seventy-five (75) square feet for each six (6) additional acres of total shopping center site area; (2) shall have a clearance to the bottom of the sign of fourteen (14) feet; (3) shall be mounted on one or two standards, each not over twelve (12) inches in cross-section; ,l L Sec. 11- : GB F (4) may have a height not greater than the height permitted for buildings in the district, except that such height may be measured at the property line or at the center line of an abutting State or Federal Highway, whichever is bigger. c. Lighting: source of lighting shall not be visible from property in any nearby Living Area Zone. 4. Directional Signs: a. May be placed in any yard. b. Shallnot exceed four (4) square feet in area, not at a height greater than four (4) feet above curb elevation. 5. Facility Identification Signs: a. May be placed in any yard. b. Shall have an area not to exceed one (1) square foot in area for each four (4) linear feet of frontage along the street; provided, however, a minimum of at least one sign shall be allowed on each frontage and each such sign or signs may have an area of sixteen (16) square feet. 6. Subdivision Identification Signs: subject to same limitations as a Facility Identification sign. 7. Outdoor Advertising Signs: shall comply with the regulations governing other commercial use structures as to setback, yards and height limits; except that the height may be measured at the property line or at the center line of an abutting State or Federal Highway, whichever is higher. Sec. 11- : GE F '{aa , or,( tN. Jo 92 LZONING ORDINANCE DISTRICT DESCRIPTIONS ! SECTION 11- OC OUTDOOR COMMERCIAL DISTRICT lr A. Purpose of District The Outdoor Commercial District is designed to permit those businesses which are characterized by a large amount of open space and/or those activities in E which the storage, display or sale of merchandise is conducted outside of an enclosable building. Uses are primarily oriented to vehicular traffic. Peak activity for most of the uses occurs in the evenings or on the week -ends. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected,/reconstructed or structurally altered or enlarged except for one or more of the following principal uses. Uses may be established out-of-doors but that part of the site set aside for sale, storage or display of merchandise shall be completely enclosed by a wall or fence not less than six (6) feet in height, except as noted. 1. Any use permitted in the GB General Business District as a Principal Use or Special Exceptiod Use. 2. Auction house. ,-3. Automobile car wash. 4. Drive-in theater, when the spectator viewing area is surrounded by a solid fence or wall not less than eight (8) feet high. 5. Food, produce and dairy market. 6. Golf driving range. 7. Lumber yard. 8. Greenhouse or plant nursery, commercial. 9. Retail stores, business services, and merchandise display and sales, in an unenclosed or incomplerely enclosed building. 10. Sale of new or used automobiles and tucks. All vehicles must be in operating condition. All open display or storage areas must be sur- faced and developed in accordance with all applicable ordinances but need not be fenced; barriers shall be placed around display so that no part of any vehicle shall extend across any property line. 11. Used furniture and antique sales. Sec. 11- : OC A,B 12. wholesale and r tail sales, administrative offices, and warehousing. 13. Public utility uses. 14. Storage yard for construction equipment and building materials, provided that such storage area shall be completely enclosed by a solid fence or wall at least eight (8) feet high and provided that materials shall be stacked no higher than one (1) foot above the top of the fence or wall. C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback lines, except that parking areas may extend to the property lines along front and side streets. D. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be per- mitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as pro- vided in Section 5-5. Contractor's temporary construction yard, and asphaltic or concrete batching plant for a period of not more than two (2) years, subject to renewal. E. Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. In addition to the Uniform Regulations there shall be furnished minimum side yards as follows: 6 feet when adjoining any Living Area Zone; 0 feet along other zones, but if a side yard is provided it shall be not less than 3 feet. Sec. 11- : OC C,D,E r F. Sign Controls 0 The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. All Signs: unless otherwise allowed all signs shall be subject to the following limitations. a. Location: mounted on the face of the building or on a canopy over entrance areae but extending not more than two (2) feet above the height of the wall at the face of the building; b. Size: total area of all signs shall not exceed four (4) square feet in area for each one (1) linear foot of frontage along the street; allowable areas shall be computed separately for each frontage; provided, however, a minimum of at least one sign shall be allowed on each frontage and each such sign or signs 0 may have an area of twelve (12) square feet; r c. Lighting: any type of lighting permitted, but not in conflict ■• with the provision of Section 8-1, E. 2. Business Identification Signs: permitted. i 3. Center Identification Signs: when this district is combined with the PD Planned Development District, one additional sign may be placed along each frontage to identify a planned shopping center subject to the following provisions which are cumulative with other sign regulations. Fa. Location; may be located in the front yard; b. Size: Is (1) shall have a total aggregate sign area, counting all faces, of three hundred (300) square feet for the first six (6) acres, and seventy-five (75) square feet for each six (6) additional acres of total shopping center site area; (2) shall have a clearance to the bottom of the sign of fourteen (14) feet; (3) shall be mounted on one or two standards, each not over twelve (12) inches in cross-section; (4) may have a height not greater than the height permitted for buildings in the district, except that such height ` may be measured at the property line or at the center line of an abutting State or Federal Highway, whichever is bigger. c. Lighting: source of lighting shall not be visible from property lll... in any nearby Living Area Zone. L Sec. 11- : OC F it IL 4. Directional Signs: a. May be placed in any yard. b. Shall not exceed four (4) square feet in area, not at a height greater than four (4) feet above curb elevation. 5. Facility Identification Signe: a. May be placed in any yard. b. Shall have an area not to exceed one (1) square foot in area for each three (3) linear feet of frontage along the street; provided, however, a minimum of at least one sign shall be allowed on each frontage and each such sign or signs may have an area of twenty-four (24) square feet. 6. Subdivision Identification Signs: subject to same limitations as a Facility Identification Sign. 7. Outdoor Advertising Signs: shall comply with the regulations govern- ing other commercial use structures as to setback, yards and height limits; except that the height may be measured at the property line or at the center line of an abutting State or Federal Highway, which- ever is higher. Sec. 11- : OC F ZONING ORDINANCE DISTRICT DESCRIPTIONS SECTION 11- GI GENERAL INDUSTRIAL DISTRICT A. Purpose of District This district is designed to permit industrial and manufacturing uses which tend to be of direct support to nearby residential and commercial areas. Negative external effects of the allowed uses are controlled by means of com- pliance with performance standards. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. All uses shall comply with the performance standards set forth in Article IX. 1. Any use permitted in the OC Outdoor Commercial District as a Principal use. 2. Automotive repair garages and automotive component rebuilding. 3. Governmental buildings and uses. 4. Machine shops within an enclosed building. 5. Motor freight terminals; trucking terminal. 6. Public utility uses. 7. Ayy manufacturing, administrative or research use not listed in a subsequently described district in the Working Area Zones provided that such uses shall be contained within an enclosed building. C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and Sec. 11- : GI A,B,C it C. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback lines, except that parking areas may extend to the property lines along front and side streets. D. Special Exceptions C The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be per- mitted without specific Board approval provided it complies with the provisions e of Sub -Section C, above. Other special exceptions shall be permitted as pro- vided in Section 5-5. Contractor's temporary construction yard, and asphaltic or concrete batching plant, for a period of not more than two (2) years, subject to renewal. E. Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walla and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. In addition to the Uniform Regulations there shall be furnished minimum side S yards as follows: b feet when adjoining any Living Area Zone; 0 feet along ` other zones, but if a side yard is provided it shall be not less than 3 feet. FF. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. All Signs: unless otherwise allowed all signs shall be subject to the following limitations. a. Location: mounted on the face of the building or on a canopy over entrance areas but extending not more than two (2) feet above the height of the wall at the face of the building; b. Size: total area of all signs shall not exceed four (4) square feet in area for each one (1) linear foot of frontage along the street; allowable areas shall be computed separately for each frontage; provided, however, a minimum of at least one sign r shall be allowed on each frontage and each such sign or signs ` may have an area of twelve (12) square feet; L Sec. 11- GI L D,E,F J c. Lighting: any type of lighting permitted, but not in conflict with the of Section 8-1, provision B. 2. Business Identification Signs: permitted. ■` ■ 3. Center Identification Signs: when this district is combined with the PD Planned Development District, one additional sign may be placed along each frontage to identify a planned industrial devel- opment, subject to the following provisions which are cumulative with other sign regulations. 111 a. Location: may be located in the front yard; b. Size: - (1) shall have a total aggregate sign area, counting all faces, of three hundred (300) square feet for the first six (6) acres, and seventy-five (75) square feet for each six (6) ` additional acres of total shopping center site area; (2) shall have a clearance to the bottom of the sign of fourteen (14) feet; (3) shall be mounted on one or two standards, each not over twelve (12) inches in cross-section; (4) may have a height not greater than the height permitted for buildings in the district, except that such height may be measured at the property line or at the center line of an abutting State or Federal Highway, whichever is bigger. ' c. Lighting: source of lighting shall not be visible from property in any nearby Living Area Zone. 4. Directional Signs: a. May be placed in any yard. (1 b. Shall not exceed four (4) square feet in area, not at a height greater than four (4) feet above curb elevation. � 5. Facility Identification Signs: I a. May be placed in any yard. b. Shall have an area not to exceed one (1) square foot in area for each three (3) linear feet of frontage along the street; provided, however, a minimum of at least one sign shall be allowed on each frontage and each such sign or signs may have an area of twenty-four (24) square feet. Sec. ld- Cl F if 6. Subdivision Identification Signa: subject to same limitations as a Facility Identification Sign. T 7. Outdoor Advertising Signs: shall comply with the regulations governing other commercial use structures as to setback, yards and height limits; except that the height may be measured at the property line or at the center line of an abutting State or Federal Highway, whichever is higher. I r I! 16 Sec. 11— : GI F 1p F f LIVING AREA ZONES IL i F, it Ir ZONING ORDINANCE DISTRICT DESCRIPTIONS SECTION 11- AG AGRICULTURAL HOMESITES DISTRICT A. Purpose of District The AG Agricultural Homesites is designed to permit sparsely settled residential development in combination with traditional farming activities. Division of r land ordinarily occurs in order to accomodate agricultural needs. Urban -type public improvements normally are not required in this district. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for Lone or more of the following principal uses. {! The following uses shall be permitted as principal uses: ■ 1. Single family residence or mobile home. 2. City -owned buildings and uses. 3. Agricultural uses: livestock ranges, animal husbandry, field crops, tree crops, nurseries and greenhouses. 4. Public -owned utility buildings and structures. 5. Public parks and recreation areas. 6. Religious institutions, churches and facilities for worship, fellow- i ship and education when located on a site of 3 acres or more. C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and f c. Does not create levels of noise, odors, vibration and lighting, or L degrees of traffic congestion, dust or other pollutants, in a greater amount 1 than that customarily created by the principal use; and l Sec. 11- AG L A,B,C I d. Is located behind the minimum front and side street building setback lines. r, e. In addition, the following accessory use is permitted: I1. Roadside stand not exceeding four hundred (400) square feet in floor area, for the sale of agricultural products grown on the premises ! D. Special Exceptions The following may be establisbed only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without e specific Board approval provided it complies with the provisions of Sub -Section C, above. Other speo.ial exceptions shall be permitted as provided in Section 5-5. 1. Private utility buildings required to service the district, 2. Riding stable, riding hall, horse track. E. Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance_ F. Sign Controls I The following signs shall be permitted by right in conjunction with any per- mitted principal use or :,uthorized special exception subject to the conditions listed. LL Real Estate Sales Signs as provided in Sec. 8-I. 2. Facility ldentiticarion Signs when located in other than a required yard along a street, provided that no sign shall have an area of exposure of more than forty (40) square feet and that the combined area of exposure of ill signs does not exceed one hundred (100) square feet. Sec. 11- AG Ij}L C,D,E,F I Ir ZONING ORDINANCE DISTRICT DESCRIPTIONS ■ f SECTION 11- R-2 SURBURBAN HOMESITES DISTRICT ■■ A. Purpose of District The R-2 Surburban Homesites District is designed to permit moderately low density residential development characterized by homes located in spacious settings. Subdivision plats ordinarily provide building sites of approximately one-half acre in size. Many urban -type public improvements are needed for adequate service to residents of this district. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except one or more of the following principal uses. The following uses shall be permitted as principal uses: L1. Single family residence or mobile home. 2. City -owned buildings and uses. 3. Agricultural uses: livestock ranges, animal husbandry, field crops, tree crops, nurseries and greenhouses. 4. Public -owned utility buildings and structures. i. Public parks and recreation areas. 6. Religious institutions, churches and facilities for worship, fellow- ship and education when located on a site of 3 acres or more. C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory ose: a. is customarily incident to and is maintained and operated as a part of the principal use; and b. is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; ■r and ` c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located to -hind the minimum front and side street building Setback L lines. Sec. 11- : R-2 A,B,C ir D. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Private utility buildings required to service the district, r 2. Religious institutions, churches and facilities for worship, fellow- ` ship sand education, subject to site plan approval only, when located on a site of not less than 3 acres. E. Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls, and uses established on all properties contained within the district but shall be subject to the specific limitations and modi- fications set forth elsewhere in this ordinance. F. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. Real Estate Sales Signs as provided in Sec. 8-1. 2. Facility Identification Signs when located in other than a required yard along a street, provided that no sign shall have an area of exposure of more than thirty-two (32) square feet and that the combined area of exposure of all signs does not exceed eighty (80) square feet. r Sec. 11- : R-2 D,E,F Ir ■ ZONING ORDINANCE DISTRICT DESCRIPTIONS SECTION 11- R-3 RESIDENTIAL DISTRICT A. Purpose of District The R-3 Residential District is designed to permit low density urban residential development. Subdivision plats customarily provide three to four sites per acre for single-family homes. All urban -type public improvements are required in ` order to serve residents of this district. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Single-family dwelling. [ 2. Public kindergarten, elementary or secondary school. 3. Museum, library, fine arts center, park, playground or community center, when owned or operated by the City. 4. Public safety facility, when owned and operated by the City. 5. Golf course (except commercially operated miniature golf course or driving range). C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and C. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and i d. Is located behind the minimum front and side street building setback L lines. L Sec. 11- : R-3 A,B,C L C Ir D. Special Exceptions ■ The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Church, subject only to approval of a site development plan. 2. Private stable or corral providing for not more than one horse for each 36,000 square feet of lot area. t 3. Servants quarters. 4. Real estate development tract or field office. ' 5. Subdivision advertising sign. t 6. Privately owned utility buildings and structures: power sub -station, water tank or reservoir, water or sewage treatment plant. 7. Community recreation or welfare center. 8. Private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. E. Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. F. Sign Controls t The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. Facility Identification Signs: a. A sign or combination of signs shall have a maximum allowable area or exposure along each dedicated street frontage of not more than one (1) square foot of sign area for each ten (10) linear feet of frontage along said street; provided however, a C minimum of at least one (1) sign shall be allowed having an area of twelve (12) square feet. Sec. 11- : R-3 I D,E,F Ilk Ir I� I[ Sec. 11- : R-3 F 1 b. Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. r c. Not more than fifty (50) ■ percent of the total allowable sign area may be located in the required yard space along a dedicated street. However, no individual sign in such required yard space shall exceed twenty (20) square feet in sign area. 2. Subdivision Identification Sign: Shall be subject to the above limitation for Facility Identification Signs. 3. Directional Signs: a. May be illuminated but the source of light shall not be visible L and shall not be intermittent or flashing; revolving signs shall ■ not be permitted. b. Shall not exceed six (6) square feet in area. c. May be located in any yard space. I� I[ Sec. 11- : R-3 F 1 I I� ZONING ORDINANCE DISTRICT DESCRIPTIONS It SECTION 11- R-4 RESIDENTIAL DISTRICT A. Purpose of District I The R-4 Residential District is characterized by moderately intensive detached single-family homesites. Subdivision plats ordinarily will create lots of Lample frontage but shallow depth. All urban -type improvements are required in order to serve residents of this district. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Single-family dwelling. ■! 2. Public kindergarten, elementary or secondary school. 3. Museum, library, fine arta center, park, playground or community I center, when owned or operated by the City. 4. Public safety facility, when owned and operated by the City. 5. Golf course (except commercially operated miniature golf course or Fdriving range). C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: f a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and aide street building setback lines. I\ Sec. 11- : R-4 P'B,C Ir D. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Church, subject only to approval of a site development plan. 2. Private stable or corral providing for not more than one horse for each 36,000 square feet of lot area. 3. Servants quarters. 4. Real estate development tract or field office. 5. Subdivision advertising sign. 6. Privately owned utility buildings and structures: power sub -station, water tank or reservoir, water or sewage treatment plant. 7. Community recreation or welfare center. 8. Private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. E. Uniform Height and Area Reaulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. F. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. Facility Identification Signs: a. A sign or combination of signs shall have a maximum allowable area or exposure along .each dedicated street frontage of not more than one (1) square foot of sign area for each ten (10) linear feet of frontage along said street; provided however, a minimum of at least one (1) sign shall be allowed having an area of twelve (12) square feet. Sec. 11- : R-4 D,E,F Ki I t L Sec. 11- : R-4 F r b. Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. ■r c. Not more than fifty (50) percent of the total allowable sign area may be located in the required yard apace along a dedicated street. However, no individual sign in such required yard space shall exceed twenty (20) square feet in sign area. E2. Subdivision Identification Sign: Shall be subject to the above limitation for Facility Identification Signs. 3. Directional Signs: L a. May be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. [ b. Shall not exceed six (6) square feet in area. i c. May be located in any yard space. F I t L Sec. 11- : R-4 F J W ZONING ORDINANCE DISTRICT DESCRIPTIONS tSECTION 11 - R-5 RESIDENTIAL DISTRICT ,. A. Purpose of District The R-5 Residential District is characterized by moderately intensive detached C single-family homesites. Subdivision plats ordinarily will create lost of ample frontage but shallow depth. All urban -type improvements are required in order to serve residents of this district. B. Principal Uses In this district no building or land shall be used and no building shall be S, hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Single-family dwelling. ` 2. Public kindergarten, elementary or secondary school. 3. Museum, library, fine arts center, park, playground or community `` center, when owned or operated by the City. { 4. Public safety facility, when owned and operated by the City. ■ 5. Golf course (except commercially operated miniature golf course or driving range). C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and ! b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutions, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback, lines. LSec 11- : R-5 A,B,C 8. Private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. E Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. r F. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. Facility Identification Signs: i a. A sign or combination of signs shall have a maximum allowable 1 area or exposure along each dedicated street frontage of not more than one (1) square foot of sign area for each ten (10) linear feet of frontage along said street; provided, however, a minimum of at least one (1) sign shall be allowed having an area of twelve (12) square feet. Sec. 11- : R-5 D,E,F D. Special Exceptions The following may be established only when authorized by the Board of Adjustment I under the provisions of Article V. Any accessory use may be permitted without Sub -Section specific Board approval provided it complies with the provisions of C, above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Church, subject only to approval of a site development plan. I2. Private stable or corral providing for not more than one horse for each 36,000 square feet of lot area. 3. Servants quarters. 4. Real estate development tract or field office. L { 5. Subdivision advertising sign. 6. Privately owned utility buildings and structures: power sub -station, water tank or reservoir, water or sewage treatment plant. 7. Community recreation or welfare center. 8. Private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. E Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. r F. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. Facility Identification Signs: i a. A sign or combination of signs shall have a maximum allowable 1 area or exposure along each dedicated street frontage of not more than one (1) square foot of sign area for each ten (10) linear feet of frontage along said street; provided, however, a minimum of at least one (1) sign shall be allowed having an area of twelve (12) square feet. Sec. 11- : R-5 D,E,F I r b. Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. C. Not more than fifty (50) percent of the total allowable sign area may be located in the required yard space along a dedicated street. Nowevery no individual sign in such required yard space shall exceed twenty (20) square feet in sign area. 2. Subdivision Identification Sign: ` Shall be subject to the above limitation for Facility Identification Signs. 3. Directional Signs: a. May be illuminated but the source of light shall not be visible [ and shall not be intermittent or flashing; revolving signs shall not be permitted. [ b. Shall not exceed six (6) square feet in area. c. May be located in any yard space. [ r Sec. 11- : R-5 F F ZONING ORDINANCE DISTRICT DESCRIPTIONS SECTION 11- R-6 RESIDENTIAL DISTRICT A. Purpose of District The R-6 Residential District is designed to permit compactly developed detached single-family homesites. Subdivision plats can be expected to yield small lots designed in conformaty with traditional platting rules, and containing sufficient area in order to provide minimum amounts of open space for single-family housing. All urban -type public improvements and service are required in this district. i B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Single-family dwelling. 2. Public kindergarten, elementary or secondary school. 3. Museum, library, fine arts center, park, playground or community center, when owned or operated by the City. r4. Public safety facility, when owned and operated by the City. . 5. Golf course (except commercially operated minature golf course or driving range). 6. Farm, truck garden, orchard or nursery for the growing of plants, shrubs and trees, provided no sales office is maintained on the It premises; and provided that no obnoxious fertilizer is stored upon the premises, and that obnoxious soil or fertilizer processing is conducted thereon. C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and C b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and '. Sec. 11- : R-6 A,B,C c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount ■f than that customarily created by the principal use; and ■ d. Is located behind the minimum front and side street building setback linea. D. Special Exceptions The following may be established only when authorised by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Church, subject only to approval of a site development plan. 2. Real estate development tract or field office. 3. Subdivision advertising sign. 4. Home occupation. 5. Day care center as an accessory use to a dwelling, community center or church. 6. Privately owned utility buildings and structures: power sub-atation, water tank or reservoir, water or sewage treatment plant. i E. Height and AreaE. Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. F. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. Facility Identification Signs: a. A sign or combination of signs shall have a maximum allowable area or exposure along each dedicated street frontage of not more than one (1) square foot of sign area for each ten (10) linear feet of frontage along said street; provided however, a minimum of at least one (1) sign shall be allowed having an area ' of twelve (12) square feet. Sec. 11- R-6 D,E,F Sec. 11- : R-6 b. Signs may be illuminated but the source of light shall not be F visible and shall not be intermittent or flashing; revolving signs shall not be permitted. ' c. Not more than fifty (50) percent of the total allowable sign area may be located in the required yard space along a dedicated street. However, no individual sign in such required yard space shall exceed twenty (20) square feet in sign area. ■l 2. Subdivision Identification Sign: Shall be subject to the above limitation for Facility Identification Signs. . 3. Directional Signs: a. Shall be permitted only for public and quasi -public uses. F b. May be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. c. Shall not exceed six (6) square feet in area. d. May be located in any yard space. Sec. 11- : R-6 F I y ZONING ORDINANCE DISTRICT DESCRIPTIONS ' SECTION 11- IN TOWNHOUSE DISTRICT A. Purpose of District The TH Townhouse District is Jesigned to permit intensive development of attached single-family housing. Subdivision plats usually provide for fee -title owner- ship of individual homesites coupled with undivided ownership of common use areas such as playgrounds. Traditional urban -type public improvements frequently are supplemented by special on-site facilities for recreation and group activities. ■ B. Principal Uses In this district no building or land shall be used and no building shall be r hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. One single family attached dwelling per lot -of -record. ` 2. Public kindergarten, elementary or secondary school. 3. Museum, library, fine arts center, park, playground or community center, when owned or operated by the City. 4. Public safety facility, when owned and operated by the City. C. Accessory Uses M Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of near- by property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback Clines. Sec. 11- : TH A,B,C D. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub-Section C, above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Uses named in Section 9 and requiring Board of Adjustment approval in r all districts. ` 2. Churchx subject only to approval of a site development plan. ■ 3. Real estate development tract or field office. 4. Subdivision advertising sign. 5. Day care center as an accessory use. r 6. Private kindergartens, elementary and secondary schools whose ` curricula satisfy the requirements of the State Public School laws and the regulations of the State Department of Education. 7. Utility buildings and structures: Power sub-station, water tank of reservoir, water or sewage treatment plant. 8. Community welfare center. E. Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. 1. Perimeter requirements: Around the perimeter of a Town House District the setbacks and yard requirements of each adjoining district shall apply to development within the Town House District along the extent of such common boundary with the other district. Where the adjoining district requires no setback from that property line the following requirements shall govern: a. Minimum Front Yard: 20 feet. b. Minimum Side Yard: Along interior lot line: 6 feet Along side lot line: 10 feet c. Minimum Rear Yard: 10 feet. I Sec..11- : TH D,E j e. Either individual exterior walls or common walls may be used to enclose each building. Where common walls of buildings are E used they shall be a minimum of twelve (12) inches thick, and ■■ may be hollow or solid. Common walls between garden areas, car- ports, or garages shall be a minimum of six (6) inches thick Fand of concrete or masonry construction. f. Where the same roof plane extends over two or more dwellings without a break in continuity, the roof shall be surfaced with incombustible materials such as concrete or ceramic tile, ` asbestos, aluminum or steel. Other roof surfaces shall be broken by a parapet wall at least eighteen (18) inches high, or by vertical offsets of twenty-four (24) inches or more between roofs on adjoining buildings or areas. 3. Site Plan Approval I No special plan approval shall be required for development in this district in accordance with the regulations in paragraph 1 and 2 above. Provided, however, where the Town House District is combined with the Planned Development District no building permit shall be issued Lexcept in compliance with the terms of the PD District and the following regulations shall apply: CSec. 11- : TH E 2. Tract requirement: The following general provisions shall apply to the design of a Town House development and to the structures therein. f t a. All land within shall be platted in accordance with the regula- tions, of the City, and duly recorded before any building permit is issued. b. Each lot shall front on a dedicated street, and each shall be provided with separate utility connections. Access to individual driveways, carports or garages shall be provided from a dedicated street or alley not less than twenty-four (24) feet in paved width. c. All semi-public facilities such as clubs, parks, or recreational facilities shall be the sole responsibility of the owner of record, unless such facilities are dedicated to, and accepted r by, the City. d. Sides of all open areas (except front yards), and sides of car- ports and garages shall be enclosed by a wall at least five (5) feet in height. Walls around garden courts may extend to the front of rear property lines. e. Either individual exterior walls or common walls may be used to enclose each building. Where common walls of buildings are E used they shall be a minimum of twelve (12) inches thick, and ■■ may be hollow or solid. Common walls between garden areas, car- ports, or garages shall be a minimum of six (6) inches thick Fand of concrete or masonry construction. f. Where the same roof plane extends over two or more dwellings without a break in continuity, the roof shall be surfaced with incombustible materials such as concrete or ceramic tile, ` asbestos, aluminum or steel. Other roof surfaces shall be broken by a parapet wall at least eighteen (18) inches high, or by vertical offsets of twenty-four (24) inches or more between roofs on adjoining buildings or areas. 3. Site Plan Approval I No special plan approval shall be required for development in this district in accordance with the regulations in paragraph 1 and 2 above. Provided, however, where the Town House District is combined with the Planned Development District no building permit shall be issued Lexcept in compliance with the terms of the PD District and the following regulations shall apply: CSec. 11- : TH E a. Minimum Lot Area: 3200 square feet b. Allowable Project Density per Dwelling Unit: 3600 square feet c. Individual lots within the development shall not be required to front on a dedicated street but shall have access to a dedicated street by means of dedicated common use or ownership areas. d. Not less than ten (10) per cent of the tract shall be reserved and dedicated common use recreation areas having a minimum dimen- sion of forty (40) feet. F. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. Facility Identification Signs: a. A sign or combination of signs shall have a maximum allowable area of exposure along each dedicated street frontage of not more than one (1) square foot of sign area for each ten (10) linear feet of frontage along said street; provided however, a minimum of at least one (1) sign shall be allowed having an area of twelve (12) square feet. b. Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. c. Not more than fifty (50) percent of the total allowable sign area may be located in the required yard space along a dedicated street. However, no individual sign in such required yard space shall exceed twenty (20) square feet in sign area. 2. Subdivision Identification Sign: Shall be subject to the above limitation for Facility Identification Signs. 3. Directional Signs: a. Shall be permitted only for public and quasi -public uses. b. May be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. c. Shall not exceed six (6) square feet in area. d. May be located in any yard space. Sec. 11- : TH EJ F LZONING ORDINANCE DISTRICT DESCRIPTIONS f SECTION 11- MH MOBILE HOME DISTRICT A. Purpose of District The MH Mobile Home District is designed for the specific residential environ- ment needs of mobile home dwellers. Individual mobile home spaces are located r in designed mobile home parks. Traditional urban -type public improvements must ` be supplemented by special on-site facilities for recreation, storage, fire protection and waste disposal. RB. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Mobile home park C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: ■ a. Is customarily incident to and is maintained and operated as a part l of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of nearby r property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback lines. Within a mobile home park and on a site designated for such purposes on a recorded subdivision plat, there may be established convenience establishments of a commercial nature, including stores, coin-operated laundry and dry cleaning establishments, laundry and dry cleaning agency, beauty shop and barber shop, when such establishments and the parking areas primarily related to their operations: (1) occupy more than 10% of the area of the park, (2) are subor- dinate to the residential use and character of the park, (3) are located, designed and intended to serve frequent trade or service needs of persons residing in the park, and (4) present no visible evidence of thier commercial character outside the park. Sec. 11= MH A,B,C iR e D. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Church, subject only to approval of a site development plan. 2. Utility buildings and structures: power sub -station, water tank or 4 reservoir, water or sewage treatment plant. 3. Day care center as principal use. 4. Private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. E. Uniform Height and AreaE. Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. C 1. Perimeter requirements: Around the perimeter of the mobile home park site the setbacks and yard requirements of each adjoining district shall apply to development within the park along the extent of such common boundary with the other district. Where the adjoining district requires no setback from that property line the following shall govern: a. Minimum Front Yard: 25 feet. b. Minimum Side Yard: Along interior lot line: 10 feet Along side street lot line: 10 feet. c. Minimum Rear Yard: 10 feet. 2. Tract requirements: The following general provisions shall apply to the design and operation of a mobile home park: a. Minimum area of tract: 3 acres, comprised of a single tract except where the site is divided by a public alley. S b. Minimum width of tract: For portions used only for general Lvehicular entrances and exits: 50 feet. For portions containing mobile home stands and buildings open generally to occupants: t100 feet. Sec. 11- : MH L D,E c. Bulk Controls Maximum Floor Area Ratio for Mobile Home Dwelling Units: 0.4, based upon total area in park less commercial and common use areas, driveways, and permanent dwellings. d. Minimum number of spaces completed and ready for occupancy before first occupant is permitted: 25 e. Length of residential occupancy: No space shall be rented for residential use of an approved mobile home in any such park except for periods of thirty (30) days or more. F. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. Facility identification signs shall be permitted subject to the following provisions: 1. A sign or combination of signs shall have a maximum allowable area of exposure along each dedicated street frontage of not more than one square foot of sign area for each ten (10) linear feet of front- age along said street. 2. Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not not be permitted. Sec. 11- : MH EJ ZONING ORDINANCE DISTRICT DESCRIPTIONS SECTION 11- R-16 RESIDENTIAL DISTRICT A. Puroose of District The R-16 Residential District is designed to permit medium density residential development characterized by duplexes, triplexes, quadruplexes and garden apartments. Resident ownership of units is frequently associated with this type of development. All urban -type services and improvements are needed in this district. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. [ 1. Detached or attached single-family dwelling. 2. Two-family, three-family, or Four -family dwelling. 3. Public kindergarten, elementary or secondary school. t 4. Museum, library, fine arts center, park, playground or community center, when owned or operated by the City. 5. Public safety facility, when owned and operated by the City. C. Accessory Uses Any use may be established as an accessory use to any permitted principal use 4 provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated; and ic. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and [ d. Is located behind the minimum front and side street building setback lines. LSec. 11- : R-16 A,B,C IF D. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub -Section C, above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Uses named in Section 9 and requiring Board of Adjustment approval in p all districts. f■• 2. Church, subject only to approval of a site development plan. r3. Real estate development tract or field office. 4. Subdivision advertising sign. L5. Day care center as an accessory use. r 6. Private kindergartens, elementary and secondary schools whose ■! curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. 7. Utility buildings and structures: power sub -station, water tank or reservoir, water or sewage treatment plant. 8. Community recreation or welfare center. E. Uniform Height and Area Regulations The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses establisehd on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. `r F. Sign Controls I The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. Facility Identification Signs: a. A sign or combination of signs shall have a maximum allowable area of exposure along each dedicated street frontage of not more than one (1) square foot of sign area for each ten (10) linear feet of frontage along said street; provided however, a minimum of at least one (1) sign shall be allowed having an area of twelve (12) square feet. LSec. 11- : R-16 D,E,F L I Ul L Sec. 11- : R-16 F b. Signe may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving shall not be permitted. Isigns c. Not more than fifty (50) percent of the total allowable sign area may be located in the required yard space along a dedicated street. However, no individual sign in such required yard space shall exceed twenty (20) square feet in sign area. 2. Subdivision Identification Sign: Subject to the above limitation for Facility Identification Signs. 3. Directional Signs: a. Shall be permitted for any Principal Use or for any Special Exception Use other than a dwelling. b. May be illuminated, but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. c. Shall not exceed six (6) square feet in area. d. May be located in any yard space. Ul L Sec. 11- : R-16 F ZONING ORDINANCE DISTRICT DESCRIPTIONS SECTION 11- R-32 RESIDENTIAL DISTRICT A. Purpose of District The R-32 Residential District is designed to permit high density residential development characterized by apartment buildings over two stories in height. Floor space of units may be limited, requiring extra attention to site plan and to features which protect nearby properties in other zones. All urban -- type services and improvements are needed in this district. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Detached or attached single-family dwelling. 2. Two-family, three-family, or four -family dwelling. 3. Multi -family dwelling. 4. Boarding or lodging house. 5. Apartment hotel. 6. Hotel, when located on a site which has frontage on a federal or state designated highway. Incidental business may be conducted within the hotel provided that the principal entrance to the business shall be from the inside of the building. A secondary entrance to the business may be provided from the highway frontage, but from no other street, or from a court, but shall not face any other residential class property. 7. Private club or lodge (except a club or lodge in which the chief activity is a service customarily carried on as a business). 8. Public kindergarten, elementary or secondary school. 9. Museum, library, fine arts center, park, playground or community center, when owned or operated by the City. 10. Public safety facility, when owned and operated by the City. Sec. 11- : R-32 A,B C. Accessory Uses Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback lines. D. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub -Section C. above. Other special exceptions shall be permitted as provided in Section 5-5. 1. Uses named in Section 5-5 and requiring Board of Adjustment approval in all districts. 2. Church, subject only to approval of a site development plan. 3. Real estate development tract or field office. 4. Subdivision advertising sign. 5. Rome occupation. 6. Day care center as a principal use. 7. Private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. 8. Utility buildings and structures: power sub -station, water tank or reservoir, water or sewage treatment plant. 9. Radio, television, micro -wave broadcast, relay or receiving towers; transmission or re -transmission facilities. 10. Greenhouse or plant nursery, including the sale of plant material and the incidental sale of materials or products for home gardening. Sec. 11- : R-32 C,D r L11. Community recreation or welfare center. H. Uniform Height and Area Regulations [ The uniform height and area regulations set forth in Section 11-2 shall apply to all buildings, walls and uses established on all properties contained within the district but shall be subject to the specific limitations and modifications set forth elsewhere in this ordinance. In addition, the following limitations shall apply: r 1. Minimum Side Yard: When building exceeds 30 feet in height, side ` yards shall be increased one foot for each four feet of height increase over 30 feet. 2. Minimum Rear Yard: When building exceeds 30 feet in height the rear yard shall be increased one foot for each four feet of height increase over 30 feet. F. Sign Controls The following signs shall be permitted by right in conjunction with any permitted principal use or authorized special exception subject to the conditions listed. 1 1. Facility Identification Signs: a. A sign or combination of signs shall have a maximum allowable area of exposure along each dedicated street frontage of not more than one (1) square foot of sign area for each eight (8) linear feet of frontage along said street; provided however, a minimum of at least one (1) sign shall be allowed having an area of twelve (12) square feet. b. Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving t signs shall not be permitted. r c. Signs may be located in any yard space. l 2. Subdivision Identification Signs: Shall be subject to the above limitations for Facility Identification Signs. 3. Directional Signs: a. Shall be permitted for any principal Use other than a single- family, two-family, three-family, or four -family dwelling, boarding or lodging house. b. May be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. c. May be located in any yard space. Sec. 11- : R-32 T H,F r I It SPECIAL PURPOSE ZONES r 6 ZONING ORDINANCE DISTRICT DESCRIPTIONS ■ SECTION 11- PD PLANNED DEVELOPMENT DISTRICT A. Purpose of District The PD Planned Development District is designed to encourage a greater flexi- bility and the opportunity for a higher standard of land development than is permitted under conventional regulations. As such it makes feasible the application of planning concepts dealing with planned unit development of . residential areas, planned shopping centers, and planned industrial parks. Improvements in a PD District are subject to conformance with a site plan approved by Council on Commission recommendation and after public hearing thereon. B. Effects of PD Classification Pronerty may be classified under the PD Planned Development District zone either ■i in combination with another zoning district and so designated by the letters PD affixed to the code letters of the base district, or as a single zoning district. When the PD designation is affixed to another base district, develop- ment may proceed in accordance with the provisions of this section. When property carries only the PD designation it shall be considered to be classi- fied in a "holding zone" pending 1) presentation by land owner or owners of.. .specific development—proposals consistent with the adopted City Plan, and 2) determination of public action on facilities and services needed to serve the proposed development. Under this circumstance no development may proceed until an accompanying base district classification is established by map amendment to this ordinance. C. Height and Area Regulations L1. Working Area Zones When the PD classification in combination with any Working Area Zone (s) has a gross area of at least ten (10) acres the Development Controls of the Working Area Zone (a) shall apply. In addition, special attention shall be given to the external effects of the pro- posed development on properties generally located in the surrounding area. 2. Living Area Zones When the PD classification in combination with any Living Area Zone (a) has a gross area of at least twenty (20) acres, the ` Develooment Controls of the Living Area Zone (a) shall apply only to the total site and to individual blocks within the site; provided ' that, in lieu of the Bulk Control Standards, the Intensity Factor of the district as shown in Section 11-2 shall apply to each district. Sec. 11- : PD L A,B,C F D. Site Plan A)proval Required A site plan approved by the City Council shall be a prerequisite to issuance of building Permits and certificates of occupany for any property in the district other than those which are entitled to same by reason of other provisions of this ordinance. i 1. Information to be shown The site plant shall show all pertinent information as necessary to accompany an application for building permit and such other informa- tion pertinent to the site and surrounding area as the Commission may reauire under its Rules of Procedure, including a schedule of proposed imurovements both on-site and off-site. 2. Public Hearings Required F A request for site plan approval shall follow the same review and hearing procedure as a proposal for zoning district change. A site plan approval request may be heard concurrent with or subsequent to a zoning change request, but not before. 3. Modification of Site Plan The Commission may recommend and the Council may require such modifi- cation of a site plan as will permit the proposed project to be in harmony with the existing and anticipated development of surrounding areas. F 4. Amendments ■ All site Plans approved hereunder may be amended pursuant to the same procedure and subject to the same limitations and requirements by which such plans were originally approved. E. Site Plan Standards rEvery application for approval of a site plan under the terms of this district shall contain sufficient information delineating the characteristics of the site, changes in those characteristics as may be proposed by the developer, how the develoument will relate to public services and facilities, and what pro- tection features are included to insure that the development will be compatible with existing and allowable development on adjacent property. The site plan shall show at least the following items of information. 1. The land area included within the site, the land area of all abutting C sites and the zoning classification thereof, all public and private rights-of-way and easements bounding and intersecting the site and the abutting sites which are proposed to be continued, created, Lrelocated and/or abandoned; Sec. 11- : PD D,E 2. The proposed finished grade of the site, shown to contour intervals of not to exceed two feet; 3. A description of the proposed site and the boundaries thereof; 4. The location of each existing and each proposed structure on the site, the use or uses to be contained therein, the number of stories, gross floor area, and the location of entrances and exists to buildings; 5. The location of all outside facilities for waste disposal; 6. The location and width of all curb cuts and driving lanes; 7. The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities for same; E. All pedestrian walks, malls and open areas for use by tenants or the public; 9. The location and height of all walls, fences and screen planting; 10. The location, size, height and orientation of all signs other than signs flat on building facades; 11. The types of surfacing,.such as paving, turfing or gravel, to be used at the various locations; 12. The location of fire hydrants. F. Administrative Action On approval of the site plan all necessary permits or certificates authorized thereby may be issued. Subsequent to such approval, minor changes may be authorized by the Zoning Official when such minor changes will not cause any of the following circumstances to occur: 1. A change in the cahracter of the development; 2. An increase in the ratio of the gross floor areas in structures to the area of any lot; 3. An increase in the intensity of use; 4. A reduction in the originally -approved separations between buildings; 5. An increase in the problems of circulation, safety, and utilities; 6. An increase in the external effects on adjacent property; 7. A reduction in the originally -approved setbacks from property lines; Sec. 11- : PD E,F I 8. An increase in ground coverage by structures; 9. A reduction in the ratio of off-street parking and loading space to gross floor area in structures; 10. A change in the subject, size, lighting, flashing, animation or orientation of originally -approved signs. L Sec. 11- :PD L F IF IZONING ORDINANCE DISTRICT DESCRIPTIONS r It SECTION 11- FP FLOOD PLAIN DISTRICT II A. Purpose of District The Flood Plain District is designed to protect the land owner, the land user r and the general public against the hazards incurred in the occupancy of land !l which is subjected to flooding conditions commonly experienced by the community. The regulations permit non -dwelling uses as well as structures which do not seriously impede the flow of water. Land in this district may be used as open space corridors in conjunction with all other uses or separately for public purposes. LB. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Agricultural uses: livestock ranges, animal husbandry, field crops, iplant nurseries. 2. Public -owned utility structures. 3. Public parks and recreation areas 4. Non-commercial water oriented recreation structures and facilities.. C. Accessory Uses Anv use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and d. Is located behind the minimum front and side street building setback lines. IL L Sec. 11- : FP A,B,C r LD. Special Exceptions The following may be established only when authorized by the Board of Adjustment under the provisions of Article V. Any accessory use may be permitted without specific Board approval provided it complies with the provisions of Sub -Section C. above. Other special exceptions shall be permitted as provided in Section 5-5 1. Private utility buildings required to service the district. 2. Riding stable, riding hall, horse track. E. Uniform Height and Area Regulations The following height and area regulations shall apply to all buildings, struc- tures, walls and fences erected on property within the district. 1. Regulations of Adjoining District: A lot or tract of land in this district shall be subject, for the extent of such common boundary, to the height and area regulations of the adjoining district located on the same side of a stream or waterway as the lot or tract in the Flood Plain District. 2. Building Bulk - Water flow obstructions: a. A solid fence or wall shall be permitted when located within five (5) degrees of parallel to the centerline of the stream or waterway; all other fences shall be at least ninety (90) per cent open and shall have a maximum height of four (4) feet. b. The overall cross-section of a building measured perpendicular to the centerline of a stream or waterway shall not exceed twenty (20) per cent of the distance of the furtherest wall of that building from the centerline of the stream or waterway; the cumulative cross-section of two or more buildings shall not exceed ten (10) per cent of the length of stream or waterway centerline through or adjacent to the building site. F.F. Simon ControlsControls A lot or tract of land in this district shall be subject, for the extent of such common boundary, to the sign regulations of the adjoining district located on the same side of a stream or waterway as the lot or tract in the Flood Plain District, except that the following signs shall not be permitted: 1. Center Identification Signs. [ 2. Subdivision Identification Signs. 3. Outdoor Advertising Signs. L Sec. 11-, FP D,E,F L ZONING ORDINANCE DISTRICT DESCRIPTIONS SECTION 11- CF COMMUNITY FACILITIES DISTRICT A. Puroose of District The CF Community Facilities District is designed to permit those institutional and related uses which are established in response to the educational, safety and welfare needs of the community. B. Principal Uses In this district no building or land shall be used and no building shall be hereafter erected, reconstructed or structurally altered or enlarged except for one or more of the following principal uses. 1. Public kindergartens, elementary and secondary schools, and private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. 2. Higher Education Institutions: Junior and senior colleges, univer- sities, conservatories and seminaries, offering curricula recognized by collegiate, academic and professional organization accrediting boards. 3. Museums, libraries, fine arts centers, and similar cultural facili- ties sponsored, operated or maintained for the benefit of the general public. 4. Golf courses (except commercially operated minature golf courses and commercially operated golf driving ranges) on a site containing a total area of not less than forty (40) acres; parks, playgrounds, community centers and country clubs. 5. Institutions, rehabilitation and training centers operated or sponsored by chartered educational, religious or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis. 6. Public Safety Facilities: Civil Defense operational centers, police and fire stations and training facilities. 7. Utility buildings and structures: power sub -stations, water tanks and reservoirs, water and sewage treatment plants. 8. Post offices and other governmental uses. 9. Religious Institutions: churches and facilities for worship, fellow- ship and education. Sec. 11- : CF A,B r LC. Accessory Use Any use may be established as an accessory use to any permitted principal use provided that such accessory use: a. Is customarily incident to and is maintained and operated as a part of the principal use; and b. Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated; and c. Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and L d. Is located behind the minimum front and side street building setback linea. D. Special Exception Uses 1. Medical Care Facilities: Nursing and care homes; hospitals with their related facilities and supportive retail and personal services and uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. 2. Helistop or aircraft landing area for loading and unloading of passengers and air express. 3. Day Care Center. E. Uniform Height and Area Regualtions L It is intended by these regualtions that development in the CF Community Facilities District shall be compatible with development in the districts which it adjoins. 1. Site Regulations The site for any use permitted in this district may be composed of one or more parcels of land whether or not the same are contiguous or separated by a dedicated right-of-way. No permit shall be issued for any construction or to establish a use on any site unless the same is identified in an approved subdivision filed in the County Plat Records. 2. Yard Requirements The yard requirements of each adjoining zoning district shall govern L along such common boundary. When the site adjoins other property in the CF District the most permissible yard regulations otherwise applicable shall govern along that portion of the site which adjoins the CF District. LSec. 11- : CF C,D,E 3. Height Limits The height limits of the contiguous district which as the most permissive height limits shall govern. 4. Bulk Controls The bulk controls of the contiguous district which has the most permissive bulk controls shall govern. F. Sign Controls The following signs shall be permitted by right in conjunction with any per- mitted principal use or authorized special exception subject to the conditions listed. 1. Facility Identifications Signs: a. A sign or combination of signs shall have a maximum allowable area of exposure along each dedicated street frontage of not more than one square foot of sign area for each ten (10) linear feet of frontage along said street; provided however, a minimum of at least one sign shall be allowed having an area of twelve (12) square feet. b. Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. c. Not more than fifty percent (50%) of the total allowable sign may be located in the minimum required yard space along a dedicated street. However, no individual sign in such minimum yard space shall exceed twenty (20) square feet in sign area. Sec. 11- : CF E,F MISCELLANEOUS PROVISIONS SECTION 12 - 1. CONFLICTING ORDINANCES Whenever the standard or systems in this Ordinance conflict with those contained in another Ordinance, the most stringent or restrictive provision shall govern. SECTION 12 - 2. SEPARABILITY CLAUSE Should any portion of this Ordinance be held for any reason invalid or unenforced, the same shall not be construed to affect any other valid provision hereof, but all valid portions to remain in full force and effect. SECTION 13 - 3. EFFECTIVE DATE This Ordinance shall be effective from and after its passage or from and after the 21st day of June, 1972. PASSED AND APPROVED this the 15th day of June, 1972, with an effective date of June 21, 1972.. ATTEST: 91 L C City Secretary Mayor