HomeMy WebLinkAboutOrdinances (O-77-248)-05/16/1977
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VOLUME
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CITY OF COLLEYVILLE
TARRANT COUNTY
vy
ORDINANCE NO. 0-77-248
AN ORDINANCE SETTING FORTH THE PROCEDURES FOR
CHANGING AND AMENDING THE ZONING ORDINANCE AND MAP; PROVIDING
FOR AN OFFICIAL ZONING MAP; PROVIDING FOR RULES OF INTREPRETATION;
PROVIDING FOR THE APPLICATION OF DISTRICT REGULATIONS; OUTLINING
THE QUALIFICATIONS FOR NON-CONFORMING USE; OUTLINING THE VARIOUS
DISTRICTS AND USES PERMITTED THEREUNDER; SPECIFYING THE VARIOUS
USES AND RESTRICTIONS IN VARIOUS DISTRICTS; PROVIDING FOR SUP-
PLEMENTARY DISTRICT REGULATIONS; OUTLINING OFF-STREET PARKING AND
LOADING REQUIREMENTS; OUTLINING THE PROCEDURES FOR ENFORCEMENT
AND OBTAINING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY;
PROVIDING FOR A BOARD OF ADJUSTMENT AND PROPER APPEAL CHANNELS;
PROVIDING FOR AN ADMINISTRATIVE OFFICIAL AND OUTLINING HIS DUTIES;
OUTLINING METHOD OF DETERMINING FEE; PROVIDING FOR AMENDMENTS;
DECLARING REQUIREMENTS TO BE MINIMUM; PROVIDING FOR A PENALTY
FOR VIOLATION; PROVIDING FOR A SEPARABILITY CLAUSE; REPEALING
PREVIOUS ORDINANCES IN CONFLICT; AND PROVIDING FOR PUBLICATION
AND EFFECTIVE DATE:
WHEREAS, the City Council deems it necessary, for the purpose of promoting health,
safety, morals, and the general welfare of the City of Colleyville to
enact zoning regulations; and
WHEREAS, the City Council, pursuant to the prOVISion of Chapter 4, Title 28, of
VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS as amended, appointed a Planning
and Zoning Commission to recommend appropriate regulations to be enforced; and
WHEREAS, the Planning and Zoning Commission has prepared regulations pertaining to
each zoning district in accordance with the Comprehensive Plan and designed
to lessen congestion in the streets; to secure safety from fire, panic,
and other dangers; to promote health and general welfare; to provide adequate
I ight and air; to prevent the overcrowding of land; to avoid undue concen-
tration of population; to facil itate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission has given reasonable consideration, among
other things, to the character of each district and the peculiar suitabil ity
for particular uses, with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the municipal ity; and
WHEREAS, the Planning and Zoning Commission has submitted this document as a final
report to the Council; and
WHEREAS, the City Council has given due publ icnotice of hearings relating to zoning
districts, regulations, restrictions, and has held such public hearings; and
WHEREAS, all requirements of Chapter 4, Title 28, of VERNON'S ANNOTATED CIVIL STATUTES
OF TEXAS as amended with regard to the preparation of the report of the
Planning and Zoning Commission have been met;
NOW, THEREFORE, BE IT ORDAfNED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS:
VOLUME
PAGE
ZONING ORDINANCE
TABLE OF CONTENTS
Page
SECTION 1 - PURPOSE AND TITLE - - - - -
1.1 Purpose. . . . . . . . . . . .
1.2 Title. . . . . . . . . .
. .. . . . .
1
. 1
. 1
SECTION 2 - ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL
ZONING MAP- - - - - - - - -
2.1 Official Zoning Map. . . . . . . .. . . ....
2.2 Replacement of Official Zoning Map. . . . . . . . . .
SECTION 3 - RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
3. 1 Ru 1 es. . . . . . . . . . . . . . . . . . . . . . . . . .
- - - 1
1
. 2
- 2
. . . 2
SECTION 4 - APPLICATION OF DISTRICT REGULATIONS; CLASSIFICATION
OF NEW AND UNLISTED USES; PLATTING OF PROPERTY NOT
PROPERLY ZONED- - - - - - - - - - - - - -
4.1 Application. . . . . . . . . . . . . . . .
4.2 Classification of New and Unlisted Uses. . .
4.3 Platting of Property Not Properly Zoned. .
- 3
. 3
. . . 4
. 4
CTION 5 - NON-CONFORMING: lOTS AND USES OF lAND; BUilDINGS;
BUilDINGS AND PREMISES IN COMBINATION; AND CHARAC-
..,..---
5. 1
5.2
5.3
5.4
5.5
5.6
5.7
TER I ST I CS OF USE- - - - - - - - - - - -5 .
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ,-
Non-Conforming lots of Record. . . . . . . . . . . . . . . . . 5
Non-Conforming Uses of land (or land with Minor Buildings
On 1 y). . . . . . . . . . . . . . . . . . .
Non-Conforming Buildings. . . . . . . . .
Non-Conforming Uses of Buildings or of Buildings and
Premises in Combination. . . . .
Repa i rs and Ma i ntenance. . . .
Changing Non-Conforming Uses.
. . 6
. . . 6
. 7
. 8
. . 8
SECTION 6 - AG AGRICULTURAL DISTRICT- - - - - - - - - - 9
6.1 AG Agricultural District. . . . . 9
6.2 Purpose and Intent . . . . . . . . . . . . . 9
6.3 Use Regulations. . . . . . . . . . . . . . 9
6.4 Permitted Principal Uses . . . . . . 9
6.5 Permitted Accessory Uses. . . . . . 9
6.6 Spec i a 1 Except i on Uses . . . . . 11
6.7 Prohibited Uses. . . . . . . . . . 11
6.8 Density; Area; Yard; Height; and lot Coverage Requirements. . 11
6.9 Off-Street Parking and loading Requirements. . . . . . . 11
6.10 land Plan and Supporting Documents Required. . . . . . . . .11
SECTI ON 7 - RE SINGLE FAM I L Y "ESTATE1' RES I DENTlAL D I STR I CT- - - - 12
7.1 - 7.10 (Subsection descriptions similar to "AG" district)
PAGE
Page
SECTION 8 - R-40 SINGLE FAMILY RESIDENTIAL DISTRICT - - - - - - 15
8.1 - 8.10 (Subsection descriptions similar to "AG" district)
VOLUME
SECTION 9 - R-30 SINGLE FAMILY RESIDENTIAL DISTRICT - - - - - - - - - 18
9.1 - 9.10 (Subsection descriptions similar to "AG" district)
SECTION 10 - R-20 SINGLE FAMILY RESIDENTIAL DISTRICT- - - - - - - - - 21
10.1 - 10.10 (Subsection descriptions similar to "AG" district)
SECTION 11 - R-15 SINGLE FAMILY RESIDENTIAL DISTRICT- - - - - - - - - 24
11.1 - 11.10 (Subsection descriptions similar to "AG" district)
SECTION 12 - R-D TWO FAMILY RESIDENTIAL DISTRICT- - - - - - - - - 27
12.1 - 12.10 (Subsection descriptions simi lar to "AG" district)
SECI!Q~ 13 - VACANT - RESERVED FO~ FUTURE EXPANSION - - - - 30
SECTION 14 - R-MF MULTI-FAMILY RESIDENTIAL DISTRICT - - - - - - - 32
14.1 - 14.10 (Subsection descriptions similar to "AG" district)
SECTION 15 - MH MOBILE HOME RESIDENTIAL DISTRICT- - - - - - - - - 35
15.1 - 15.10 (Subsection descriptions similar to "AG" district)
SECTION 16 - C-PO PROFESSIONAL OFFICE COMMERCIAL DISTRICT - - - - 38
16.1 - 16.10 (Subsection descriptions simi lar to "AG11 district)
SECTION 17 - CN NEIGHBORHOOD COMMERCIAL DISTRICT- - - - - - - - - - - 40
17.1 - 17.10 (Subsection descriptions similar to "AG" district)
SECTION 18 - C-C COMMUNITY COMMERCIAL DISTRICT- - - - - - - - - - - - 42
18.1 - 18.10 (Subsection descriptions s imi lar to "AG11 district)
SECTION 1~ - M-L LIGHT MANUFACTURING AND INDUSTRIAL DISTRICT- - - - - 44
19.1 - 19.10 (Subsection descriptions simil,ar to "AG" district)
Statutory Authorization. . . . .
Purpose and Intent. . . . .
Methods of Reducing Flood Losses. .
Def i nit ions . . . . . . . . . . .
Lands To Which This Ordinance Applies
Basis For Establishing the Areas of Special Flood
Hazard (Flood Plain). . . . . . . .
Establ ishment of Development Permit. . . .
Comp 1 i ance. . . . . . . . . . . . . . . . . . . . .
Warning and Disclaimer of Liability. . . . . . . .
Duties and Responsibilities of the Administrative Official.
Permit Procedures . . . . . . . . . .
Variance Procedures . . . . . . . . . . . . . . . .
Provisions For Flood Hazard Reduction. . . . . . .
- 46
46
46
46
47
49
49
49
. 49
49
. 49
. 50
51
52
SECTION 20 .. FLOOD PLAIN "FP" PREFIX TO DISTRICT DESIGNATlON
20. 1
20.2
20.3
20.4
20.5
20.6
20.7
20.8
20.9
20.10
20.11
20.12
20.13
SECTION
21.1
21.2
21 - PUD-Rj-C;-I PLANNED UNIT DEVELOPMENT DISTRICTS - -
Planned Unit Development Districts. .. .. . . . .
Purpose and Intent. . . . . . . . . . . . . . . . . .
- 55
. 55
. 55
i i
21.3
21.4
21.5
21.6
21.7
21.8
21.9
21.10
21.11
21.12
21.13
21.14
21.15
21.16
21.17
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Page
Use Regulations . . . . . . . . . . . . . . . . 55
Permitted Uses. . . . . . . . . . . . . .. . . . . 56
Prohibited Uses . . . . . . . . . . . .. 58
Open Space Requirements. . . . . . . . . 58
Maximum Residential Density Permitted, and Density Increase
Bonuses . . . . . . . . . .
. . 59
. 60
. 61
. 61
Guarantee of Common Open Space. . . . . . . . . . .
Screening and Landscape Requirements. . . . . . . . . . . .
Access and Circulation. . . . . . . . . . . . . . . . . .
Minimum Lot Size Requirements; Minimum Yard Requirements;
Maximum Building Height; and Maximum Lot Coverage. . . . .
Off-Street Parking and Loading Requirements. . . . . . . .
Site Plan and Supporting Documents Required. . . . . . . .
Nature of Amending Ordinance Approving Any IIpUDII District
Zo~tng Change. . . . . . . . . . . . . . . . . . . . . . .
Requirements for IlFinal Plat" Submission Following Zoning
. 61
. 61
. 61
. 61
Change . . . . . . . . . . . . . . . . . . . .
Compliance with Development Schedule. . . . .
Effect of This Section and Related Subsections
Approved "PUDII Zoning Changes. . . . . . .
. 61
. 61
on Previous
. 62
SECTION 22 - SCHEDULE OF PERMITTED PRINCIPAL USES - - - - -
22. 1 Res i dent i a 1 . . . . . . . . . . . . . . . . .
22.2 Agricultural. . . . . . .. ..... .
22.3 Religious and Philanthropic . . . .
22.4 Educational . . . . . . . .
22.5 Community Facilities. . . .
22.6 Transportation and Circulation. .
22.7 Retail Sales/Trade. . . . . .
22.8 Services. .. ... . . . .
22.9 Entertainment and Amusements. . . . . . .
22.10 Industrial. . . . . . . . . .
22.11 Qualification Notes Regarding Subsections 22.1 thru 22.10.
- 64
. 65
. . . 65
. . . 66
. . . 66
. 67
. 67
. 67
. . 69
. . . 71
72
.77
SECTION 23 - SCHEDULE OF DISTRICT REGULATIONS: MAXIMUM PERMISSIBLE
RESIDENTIAL DENSITY; MINIMUM LOT SIZE; MINIMUM YARD
SIZE (Front, Sides, Rear); MAXIMUM BUILDING HEIGHT
(Stories and Feet); AND MAXIMUM PERCENT OF LOT COVERAGE
BY BUILDINGS - - - - - - - - - - - - - - - - - 78
SECTION 24 - SUPPLEMENTARY DISTRICT REGULATIONS - - - -
24.1 Screening Elements and Fences. . . .
24.2 Accessory Buildings. ..... . . . .
24.3 Temporary Buildings. . . . . . . . . . . .
24.4 Erection of More Than One Principal Building on a Lot.
24.5 Buildings Constructed Across Lot lines. .. . . .
24.6 Exceptions to Height Regulations. . . . . . . . .
24.7 Projections of Buildings, Structures and Appurtenances
Into Required Yards. . . . . . . . . . . . . . . . . .
24.8 Minimum Width of Enclosed or Partially Enclosed Open Space.
24.9 Buildings and Structures to Have Access. . . . . . . . . .
- - - 79
. . . . . 79
. . . 81
82
82
. 82
. . . . 82
83
. 83
. 8lj
i i i
24.10
24. 11
24. 12
24.13
24. 14
24. 15
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Page
Parking, Storage or Use of Major Recreational Equipment
and Vehicles . . . . . . . . . . . . . . . .
Parking and Storage of Vehicles: General. . . . . .
Front Yard Adjustments . . . . .
Side Yard Adjustments. . . . . .
Rear Yard Adjustments. . . . . .
Lot Area Per Family Adjustments. .
. . . 84
. 84
. . 84
. 85
. 85
. . 86
SECTION 25 - OFF-STREET PARKING REQUIREMENTS- - - - - - 87
25.1 Purpose and Intent. . . . . . . . . . . .. . . 87
25.2 Location of Parking Spaces. . . . . . . . . . . . . . . 87
25.3 Computation of Parking Space Sizes and Parking Areas. . . . . 87
25.4 Type of Parking Surface Required. . . . . . . . . . . . . . .88
25.5 Rules for the Computation of the Number of Parking Spaces 88
25.6 Number of Off-Street Parking Spaces Required. . . 88
SECTION 26 - OFF-STREET LOADING REQUIREMENTS-
26.1
26.2
26.3
26.4
26.5
26.6
SECTION
27.1
27.2
27.3
27.4
27.5
27.6
- - 93
. . . . 93
. . . 93
. . . 93
. 93
. . . 93
. 94
Purpose and Intent. . . . . . . . . . .... . .
Location of Loading Spaces. . . . . . . . . .
Computation of Off-Street Loading Space Sizes .
Type of Parking Surface Required for Loading Spaces
Rules for the Computation of Off-Street Loading Spaces.
Number of Off-Street Loading Spaces Required. . . . . .
27 - DUTIES OF ADMINISTRATION OFFICIAL - - -
Administration and Enforcement. . . . . .
Building Permits Required. . . . . .
Application for Building Permit. .
Expiration of Building Permit. . . .
Certificate of Occupancy Required: For New, Altered
Changes in Use, or Non-Conforming Uses. . . . . . . . .
Construction and Use to be as Provided in Applications,
Plans, Permits and Certificates of Occupancy. . . .
95
95
95
. 95
96
. . . 96
. . . 96
SECTION 28 - ZONING BOARD OF ADJUSTMENT:
PROCEDURES - - - - -
Establ ishment . . . . . .
Proceedings . . . . . . . .
Hearingi; Appeals; Notice.
Stay of Proceedings . . .
28.1
28.2
28.3
28.4
ESTABLISHMENT AND
98
. . . . . . . 98
. . . . 98
98
. . . . . 98
SECTION 29 - ZONING BOARD OF ADJUSTMENT: POWERS AND DUTIES
29.1 Jurisdiction of Board of AdJustment. . . . . . . .
29.2 Special Exceptions: Conditions Governing Applications:
Procedures .......~................... 100
29.3 Variances: Conditions Governing Applications; Procedures. . 101
29.4 Decision of Zoning Board of Adjustment. . . . . . . . . . . . 102
- - - 99
99
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-
SECTION 30 - VACANT
- RESERVED FOR FUTURE EXPANSION
-103
SECTION 31 - APPEAL PROCEDURES - - - - - - - - - - - - - - - - - - - -105
SECTION
32.1
32.2
32.3
32.4
32 - FEES, CHARGES AND
Expenses . . . . .
Fees . . . . . . . .
Schedule of Fees .
Copy of Ordinance.
EXPENSES-
- -106
.106
.106
.106
. . 1 06
SECTION 33 - AMENDMENTS: FREQUENCY OF PETITION; AND SITE PLAN
REQUIREMENTS: ZONING AND SPECIAL USE PERMITS
33.1 Procedures and Amendments. . . . . . .
33.2 Petition for Zoning District Change: Land Plan and
Documents Required. . . . . . . . . . . . . .
33.3 Petition for Zoning District Change or Special Use Permit:
Site Plan and Supporting Documents Required. .
33.4 Petition for Amendment or Special Use Permit, and
Frequency Thereof. . . . . . . . . . . . . . . . .
- - -107
. . . 107
Supporting
. . . . . .107
. .108
.110
SECTION 34 - PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM
REQUIREMENTS - - - - - - - - - - - -
111
SECTION 35 - COMPLAINTS REGARDING VIOLATIONS- -
------111
SECTION 36 - PENALTIES FOR VIOLATION- - - - - - - - - - - - - - - - - 111
SECTION 37 - SEPARABILITY CLAUSE- -
111
SECTION 38 - DEFINITIONS: GENERAL- - - - - - - - - - - - - - - - - - 112
38.1 Interpretation of Certain Words and Phrases. .112
38.2 Def i nit ions. . . . . . . . . . . . . . . . . . . . . . . . . . 112
SECTION 39 - REPEAL OF CONFLICTING ORDINANCES - - - - - - - - - - - - 124
SECTION 40 - COMPREHENSIVE PLAN - ZONING MAP- -
- 126
SECTION 41 - EFFECTIVE DATE: PUBLICATION - - -
126
NOTE: THE PLANNING AND ZONING COMMISSION ESTABLISHED BY THE CITY CHARTER
ARTICLE XI SECTION 11.01 - The Planning and Zoning Commission
SECTION 11.02 - Power and Duties
pa g e 35.
BY-LAWS FOR THE PLANNING AND ZONING COMMISSION OF THE CITY OF
COLLEYVILLE, TEXAS - Passed and approved by the Planning and
Zoning Commission on September 26, 1977. Endorsed and approved
by the City Council in Resolution R-77-14S on November 1,1977.
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ZONING ORDINANCE
NO. 0-77-248
SECTION 1 - PURPOSE AND TITLE
1.1 PURPOSE - The zoning regulations and districts herein established
have been made in accordance with a comprehensive plan for the purpose of
promoting health, safety, morals and general welfare of the City of Colley-
ville. They have been designed to lessen congestion in the streets; to _
secure safety from fire, panic and other dangers; 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, sewerage, schools, parks and other public requirements. They have
been made with reasonable considerations, among other things of the charac-
ter of the district and its peculiar suitability for the particular uses
and with a view of conserving the value of buildings and encouraging the
most appropriate use of land throughout the community.
1.2 TITLE - This ordinance shall be known as and may be cited and referred to
,as the "Zoning Ordinance" to the same effect, which includes narrative
regulations and map.
SECTION 2 - ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP
2.1 OFFICIAL ZONING MAP - The City is hereby divided into zones, or districts,
as shown on the Official Zoning Map which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be a part
of this ordinance.
The Official Zoning Map shall be identified by the signature of the Mayor,
attested by the City Secretary, and bearing the seal of the City under the
following words: "This is to certify that this is the Offidal Zoning Map
referred to in Ordinance Number 0-]]-248 of the City of Colleyville, Texas,11
together with the date of adoption of this ordinance.
-
The Official Zoning Map shall be made current from time to time to reflect the
changes and amendments, if any, that are approved by the City Council. Any
such notations to bring said map current shall include, but not be limited
to. the following: Ordinance number of zoning change, date of 'minutes of
passage of said ordinance, boundary of zoning change, zoning classification
declared by changing ordinance, and the initial of the City Secretary amending
the map. Any unauthorized change of whatever kind to the Official Zoning Map
by any person shall be and the same is prohibited.
The Official Zoning Map is not intended to control the procedural pre-requi-
sites applicable and the ordinances should be looked to as the authoritative
source for all zoning.
The Official Zoning Map shall be located and displayed in the Colleyville
City Hall.
1
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2.2 REPLACEMENT OF OFFICIAL ZONING MAP - In the event that the Official Zoning
Map becomes damaged, destroyed, lost, or difficult to interpret because of
the nature or number of changes and additions, the City Council may by
resolution adopt a new Official Zoning Map which shall supersede the prior
Official Zoning Map. The new Official Zoning Map may correct drafting or
other errors or omissions in the prior Official Zoning Map and bring the
Official Zoning Map up-to-date to reflect any and all amendments or changes
in the same.
SECTION 3 - RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
3.1 RULES - Where uncertainty exists as to the boundaries of districts as shown
on the Official Zoning Map, the following rules shall apply:
a. Boundaries indicated as approximately following the centerlines of
streets, highways, ~r alleys shall be construed to follow such center-
lines;
b. Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines;
c. Boundaries indicated as approximately following city limits shall be
construed as following city limits;
d. Boundaries indicated as following railroad lines shall be construed to
be midway between the main tracks;
e. Boundaries indicated as following shore lines shall be construed to
follow such shore lines, and in the event of change in the shore line
shall be construed as moving with the actual shore line; boundaries
indicated as approximately following the centerlines of streams,
drainage courses, creeks, canals, lakes. or other bodies of water
shall be construed to follow such centerlines;
f. Boundaries indicated as parallel to (or extensions of) features
indicated in subsections a. through e. above shall be so construed.
Distances not specifically indicated on the Official Zoning Map shall
be determined by the scale of the map;
g. Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map or in other
circumstances not covered by subsections a. through f. above, the
Zoning Board of Adjustment shall interpret the district boundaries;
h. Where a district boundary line divides a lot which was in single
ownership at the time of passage of this ordinance, the Zoning Board
of Adjustment may permit, as a special exception, the extension of the
regulations for either portion of the lot not to exceed (50) feet
beyond the district line into the remaining portion of the lot to
either side of said district line.
2
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SECTION 4 - APPLICATION OF DISTRICT REGULATIONS; CLASSIFICATION OF
NEW AND UNLISTED USES; AND PLATTING OF PROPERTY NOT PROPERLY ZONED
4.1 APPLICATION - The regulations set by this ordinance within each district
shall be minimum regulations and shall apply uniformly to each class or
kind of structure or land and particularly except as hereinafter provided:
a. No building, structure, or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be
erected, constructed, reconstructed, moved, or structurally altered
unless in conformity with all of the regulations herein specified
for the district in which it is located.
b. No building or other structure shall hereafter be erected or altered:
1) To exceed the height;
2) To accommodate or house a greater number of families;
3) To occupy a greater percentage of lot area;
4) To have narrower or smaller rear yards, front yards,
side yards, or other open spaces
than herein required; or in any other manner contrary to the
provisions of this ordinance.
c. No part of a yard, other open space, or off-street parking or loadtng
space required about or in connection with any building for the purpose
of complying with this ordinance shall be included as part of a yard,
open space, or off-street parking or loading space similarly required
for any other building except as specified in Section 25 -"Off-Street
Parking Requirements".
d. No yard or lot existing at the time of passage of this ordinance shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
ordinance shall meet at least the minimum requirements established by
this ordinance.
e. In every dwelling unit the density of occupancy shall not exceed 1.5
persons per room.
f. All territory which hereafter is annexed to the City shall automati-
cally be considered to be in the "AG", "Agriculture District", unless
otherwise classified by the City Council after public hearing and upon
recommendation from the Planning and Zoning Commission.
3
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4.2 CLASSIFICATION OF NEW AND UNLISTED USES - It is recognized that new types
of land may de~'elop and forms of land use not anticipated herein may seek
to locate in the City. In order to provide for such changes and contingencies
a determination as to the appropriate classification of any new or unlisted
form of land use shall be made as follows:
a. The Zoning Administrative Official as designated in Section 27.1
"Administrration and Enforcement" hereof shall refer the question
concerning any new or unl isted use to the City Planning and Zoning
Commission requesting an interpretation as to the proper zoning
classification into which such use should be placed. The use
interpretation question shall be determined as to the nature of the
use and whether it involves dwell ing activity, sales, processing,
type of product, storage and the amount and nature thereof, (i .e.,
enclosed or open storage), anticipated employment, transportation
requirements, the general degree of noise, odor, fumes, dust, toxic
material and vibration 1 ikely to be generated, if any, and the
general requirements for public utilities such as water and sanitary
s ewe r .
b. The Planning and Zoning Commission shall consider the nature and
described performance of the proposed use and its compatibility with
the uses permitted in the various zoning districts, and determine
the zoning district or districts within which such use should be
permi tted.
c. The City Planning and Zoning Commission shall transmit its findings
and recommendations to the City Council as to the classification
proposed for any new or unlisted use. The City Council shall approve
the recommendation of the Planning and Zoning Commission, or make such
other determination concerning the classification of such use as
appropriate, based upon its findings of fact, and amend this ordinance
to reflect said findings and decisions.
4.3 PLATTING OF PROPERTY NOT PROPERLY ZONED - The City Planning and Zoning
Commission shall not approve any plat of any residential or non-residential
subdivision within the City, or that which is being annexed to the City,
unless and until the area covered by the proposed plat is or shall be zoned
to the proper zoning classification by the City Council, upon recommendation
from the City Planning and Zoning Commission. A public hearing by the City
Planning and Zoning Commission on a proposed annexation, zoning classifi-
cation, and plat approval, or any combination thereof, may be held simul-
taneously.
4
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SECTION 5 - NON-CONFORMING: LOTS AND USES OF LAND; BUILDIN~~;--
BUILDINGS AND PREMISES IN COMBINATION; AND CHARACTERISTICS OF USE
_PAGE_
5.1 INTENT - Within the districts established by this ordinance, or amendments
that may later be adopted, there exist:
a. lots and uses of land,
b. buildings and structures,
c. uses of land and bui ldings in combination, and
d. characteristics of use
which were lawful before this ordinance was passed or amended, but which
would be prohibited, regulated, or restricted under the terms of this
ordinance or future amendment. It is the intent of this ordinance to
permit these non-conformities to continue until they are removed, but not
to encourage their survival. It is further the intent of this ordinance
that such non-conformities shall not be enlarged upon, expanded or ex-
tended, nor be used as ground for adding other buildings and structures or
uses prohibited elsewhere in the same district.
Non-conforming uses are declared by this ordinance to be incompatible with
permitted uses in the districts involved. A non-conforming use of a
building or structure, a non-conforming use of land, or a non-conforming
use of buildings and land in combination shall not be extended or enlarged
after passage of this ordinance by attachment on a building or premises of
additional signs intended to be seen from off the premises, or by the
addition of other uses of a nature which would be prohibited generally in
the district involved.
To avoid undue hardship, nothing in this ordinance shall be deemed to
require a change in the plans, construction, or designated use of any
building on which actual construction was lawfully begun prior to the
effective date of adoption or amendment of this ordinance and upon which
actual building construction has been carried on diligently. Actual
construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner. Where
excavation or demolition or removal of an existing building has been
substantially begun preparatory to rebuilding, such excavation or demolition
or removal shall be deemed to be actual construction, provided that work
shall be carried on diligently.
5.2 NON-CONFORMING LOTS OF RECORD - In any zoning district in which single-family
dwell ings or commercial buildings are permitted, a single-family dwelling or
commercial building and customary accessory buildings may be erected on any
single lot of record at the effective date of adoption or amendment of this
ordinance, notwithstanding limitations imposed by other provisions of this
ordinance. Such lot must be in separate ownership and not of continuous
frontage with other lots in the same ownership. This provision shall apply
even though such lot fails to meet the requirements for area or width, or
both, that are generally applicable in the district, provided that yard
dimensions and requirements other than those applying to area or width, or
both, of the lot shall conform to the regulations for the district in which
such lot is located. Variance of yard requirements shall be obtained only
through action of the Zoning Board of Adjustment.
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If two or more lots or combinations of lots and portions of lots with
continuous frontage in single ownership are of record at the time of
passage or amendment of this ordinance, and if all or part of the lots do
not meet the requirements established for lot width and area, the lands in-
volved shall be considered to be an undivided parcel for the purposes of
this ordinance, and no portion of said parcel shall be used or sold in a
manner which diminishes compliance with lot width and area requirements
established by this ordinance, nor shall any division of any parcel be made
which creates a lot with width or area below the requirements stated in
this ordinance.
5.3 NON-CONFORMING USES OF LAND (OR LAND WITH MINOR BUILDINGS ONLY) - Where at
the time of passage of this ordinance lawful use of land exists which would
not be permitted by the regulations imposed by this ordinance, and where
such use involves no individual structure with a replacement cost exceeding
($1,000), the use may be continued so long as it remains otherwise lawful,
provided:
a. No such non-conforming use shall be enlarged or increased, nor ex-
tended to occupy a greater area of land than was occupied at the
effective date of adoption or amendment of this ordinance;
b. No such non-conforming use shall be moved in whole or in part to any
portion of the same lot or parcel other than that occupied by such use
at the effective date of adoption of amendment of this ordinance;
c. If any such non-conforming use of land ceases for any reason for a
period of more than (90) consecutive days, any subsequent use of such
land shall conform to the regulations specified by this ordinance for
the district in which such land is located;
d. No additional building not conforming to the requirements of this
ordinance shall be erected in connection with such non-conforming use
of land.
5.4 NON-CONFORMING BUILDINGS - Where a lawful building exists at the effective
date of adoption or amendment of this ordinance that could not be built
under the terms of this ordinance by reason of restrictions on area, lot
coverage, height, yards, its location on the lot, or other requirements
concerning the building, such building may be continued so long as it
remains otherwise lawful, subject to the following provisions:
a. No such non-conforming building may be enlarged or altered in a way
which increases its non-conformity, but any building or portion
thereof may be altered to decrease its non-conformity or to comply
with City building codes.
b. Should such non-conforming building or non-conforming portion of a
building be destroyed by any means to an extent of more than (50)
percent of its replacement cost at time of destruction; it shall not
be reconstructed except in conformity with the provisions of this
ordinance, or when approved by the Zoning Board of Adjustment, after
public hearing thereon, when the Board's findings, having due regard
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for the property rights of persons affected, were considered in the
light of public welfare and the character of the area surrounding the
non-conforming building and the conservation and protection of prop-
erty.
c. Should such building be moved for any reason any distance what-
ever, it shall thereafter conform to the regulations of the district
in which it is located after it is moved.
5.5 NON-CONFORMING USES OF BUILDINGS OR OF BUILDINGS AND PREMISES IN COM-
BINATION - If lawful use involving individual buildings with a replacement
cost of ($1,000) or more, or of buildings and premises in combination,
exists at the effective date of adoption or amendment of this ordinance,
that would not be allowed in a particular district under the terms of this
ordinance, the lawful use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
a. No existing building devoted to a use not permitted by this ordinance
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved, or structurally altered except in
changing the use of the building to a use permitted in the district in
which it is located, or to co~ply with City Building Codes.
b. Any non-conforming use may be extended throughout any parts of a
building which were manifestly arranged or designed for such use at the
time of adoption or amendment of this ordinance, but no such use
shall be extended to occupy any land outside such building;
c. If no structural alterations are made, except as required by the
City's Building Codes, any non-conforming use of a building, or
building and premises, may, as a special exception, be changed to
another non-conforming use provided that the Zoning Board of Adjust-
ment, either by general rule or by making findings in the specific
case, shall find that the proposed use is equally appropriate or more
appropriate to the district than the existing non-conforming use. In
permitting such change, the Zoning Board of Adjustment may require
appropriate conditions and safeguards in accord with the provisions of
this ordinance;
d. Any building, or building and land in combination, in or on which a
non-conforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district, and the non-conforming
use may not thereafter be resumed;
e. When a non-conforming use of a building, or building and premises in
combination, Is discontinued or abandoned for six consecutive months
or for (18) months during any three-year period (except when government
action impedes access to the premises), the building, or building and
premises in combination, shall not thereafter be used except in
conformity with the regulations of the district in which it is located;
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f. Where non-conforming use status applies to a building and premises in
combination, removal or destruction of the building shall eliminate
the non-conforming status of the land. Destruction for the purpose of
this subsection is defined as damage to an extent of more than (50)
percent of the replacement cost at time of destruction;
g. Where non-conforming use status applies to a conforming building, such
use shall be immediately terminated upon transfer to another ownership
or lease.
5.6 REPAIRS AND MAINTENANCE - On any non-conforming building or portion of a
building containing a non-conforming use, work may be done in any period of
(12) consecutive months on ordinary repairs, or on repair or replacement of
non-bearing walls, fixtures, wiring, or plumbing, to an extent not ex-
ceeding (10) percent of the current replacement cost of the non-conforming
building or non-conforming portion of the building as the case may be,
provided that the cubic content existing when it became non-conforming
shall not be increased.
If a non-conforming building or portion of a building containing a non-
conforming use becomes physically unsafe or unlawful due to lack of repairs
and maintenance, and is declared by any duly authorized City official to be
unsafe or unlawful by reason of physical condition, it shall not thereafter
be restored, repaired, or rebuilt except in conformity with the regulations
of the district in which it is located.
Nothing in this ordinance shall be deemed to prevent the strengthening or
restoring to a safe condition of any building or part thereof declared to
be unsafe by any official charged with protecting the public safety, upon
order of such official.
5.7 CHANGING NON-CONFORMING USES
a. Any non-conforming use may be changed to conforming use and once
such change Is made, the use shall not thereafter be changed back
to a nonconforming use.
b. The Board of Adjustment may grant a change of use from one non-con-
forming use to another non-conforming use provided such change is
to a use permitted in a zoning district where the original non-con-
forming use would be permitted or such change is to a use permitted
in a more restrictive classification. However, such change of use and
occupancy shall not tend to prolong the life of a non-conforming use.
Upon review of the facts in accordance with Section 29 - "Zoning Board
of Adjustment: Powers and Duties", the Board of Adjustment may estab-
lish a specific period of time for the return of the occupancy to a
conforming use.
c. The Board of Adjustment may approve the remodel ing or enlargement of
a non-conforming use when such an enlargement would not tend to pro-
long the life of the non-conforming use. Upon review of the facts,
the Board of Adjustment may establish a specific period of time for
the return of the occupancy to a conforming use in accordance with
Section 29. 1e - "Jurisdiction of Board of Adjustment".
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SECTION 6 - AG AGRICULTURAL DISTRICT
~
6.1 AG AGRICULTURAL DISTRICT - The regulations set forth in this section, or
as set forth elsewhere in this ordinance when referred to in this section,
are the regulations of the "AG Agricultural District".
6.2 PURPOSE AND INTENT - The purpose of the "AG Agricultural District" is to
provide for compatible land, building and structure uses primarily oriented
to: agricultural farming and ranching; and extremely low density residential
purposes. The district's locational characteristics are usually confined
to the outer fringe of developed urbanized areas and/or along, unprotected
flood-prone areas. The district also serves as: 1) a transitional land
use element pending future,more intensive urbanization; 2) open space for
the protection and enhancement of scenic areas, vistas, and recreational
uses, and 3) where unusual or problematic soils, topographic conditions,
or sensitive ecological features are present that would normally not be
conducive or appropriate to more intensive forms and patterns of urbani-
za t i on .
The primary intent of this district is a land use designated to aid in the
protection of certain lands suitable for producing and supplying food and
related agricultural farm and ranch products from more intense urbanization
until such time as warranted by demand and supportive community facilities
and services.
USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - "Schedule of Permitted Principal
Uses".
0.5 PERMITTED ACCESSORY USES - Subject to the proVIsions of Section 24 -
"Supplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the "permitted principal uses" are allowed,
including but not limited to the following:
a. Buildings, structures and uses accessory to permitted farming and
ranching operations;
b. Private residential garages, carports and related storage buildings
and greenhouses accessory to permitted residential uses.
c. Private swimming pools, wading pools, and game courts (lighted or
unl ighted), provided that: if lighted, the lighting shall be so
directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or
game court is for the private use of the site occupants and their guests,
and not operated as a business. All"at grade" swimming pools with a water
depth greater than (24) inches and "above grade" swimming pools having a
water depth (24) inches or more, except for inflatable portable
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tot pools, shall be enclosed by a fence and gate not less than (4)
feet nor more than (6) feet in height, and of such material and
design to discourage unauthorized entry to the facility. Such pool (s)
may be located in a required side or rear yard, but not within a re-
quired front yard, and shall not be located closer than (5) feet to
any side or rear property line.
d.
Servants quarters for domestic servants employed on the premises
or family members provided the gross habitable square feet of floor
area shall not exceed (600) square feet. Such quarters may be housed
within the principal residential dwelling, above a residential garage, or
he part of an accessory building on the same premises, and shall comply
with minimum standards for light, health, safety, and occupancy in
conformance with other applicable City Codes and Ordinances.
e.
Lanais, gazebos, garden and patio shelters, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not
impa ired.
f.
Non-commercial radio and television receiving antennae and non-com-
mercial radio transmitting antennae limited in height to (60) feet
(measured from the ground line in front of the dwelling or use
facing a publ ic street), and further provided no electrical, radio
or television signal interference is created which would adversely
affect such audio or visual signals to nearby dwellings and other
permitted uses;
g.
Required off-street parking and loading spaces.
h.
Home occupation uses, as defined by this ordinance ~ Section 38.41 ~
"Home Occupat ion lUsel",
Parking and storage of private boat(s), camper trailer(s), or other
recreational vehicle(s), in conformance with Section 24.10 -
"Parking, Storage or Use of Major Recreational Equipment and Vehicles".
i.
j.
Signs, in conformance with these regulations and other applicable City
Codes and Ordinances.
k.
Supplemental single family dwelling for a farm employee and family
when located on the same premises as the principal agricultural use,
provided:
1) Such dwelling shall be used exclusively for the housing of a
single family employed full time on the premises in the conduct
of operation or management of the principal agricultural use;
2) Such dwelling is under the same ownership as that of the
agricultural use and is on the same land as the owner's
principal place of residency;
3) The land area devoted to such dwelling conforms with the
minimum requirements established in Section 23 - "Schedule of
District Regulations" for single family dwellings in an liRE"
district, as if it were on a separate recorded lot; and
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4) The total land area under common ownership comprising the
agriculture use and related owner's and employee's residence
is not less than (20) acres.
6.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
"Zoning Board of Adjustment'l may, after public hearing thereon, authorize
and grant the issuance of a "Special Exception II for such special exception
uses as allowed in Section 22 - "Schedule of Permitted Principal Uses.11 The
issuance of such "exception II by the "Board" shall be cont ingent upon
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
6.7 PROHIBITED USES - Any use not expressly authorized and permitted herein
is expressly prohibited in this district, unless otherwise allowed in
conformance with the provisions of Section 4.2 -"Classification of New
and Unl isted Uses".
6.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maximum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of Section 23
"Sohedule of District Regulations" and other applicable provisions of
Section 24 - "Supplementary District Regulations".
6.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions of Section 25 - "Off-Street Parking Require-
ments" and Section 26 - "Off-Street Loading Requirements".
6.10 LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the "0fficial Zoning Map" affecting this
district shall be accompanied by a land plan and supporting document
therefor, in conformance with the provisions of Section 33.2 - "Petition
for Zoning District Change: Land Plan and Supporting Documents Required".
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SECTION 7 - RE SINGLE FAMILY "ESTATE" RESIDENTIAL DISTRICT
PAGE
7.1 RE SINGLE FAMILY IIESTATE" RESIDENTIAL DISTRICT - The regulations set forth
in this section, or as set forth elsewhere in this ordinance when referred
to in this section, are the regulations of the "RE Single Family Estate
Residential District".
7.2 PURPOSE AND tNTENT ~ The purpose and intent of the liRE Single Family Estate
Residential District: is to provide for compatible land, building and
structural uses primarily oriented to low density residential estate purposes,
select agricultural uses, open space uses, and select community facility uses.
The locational characteristic of this district is generally confined to the out-
er fringe of the more intensely urbanized and developed areas, and/or along
unprotected flood prone areas. The district further serves as a transitional
element between limited residential development and intense agricultural
activities and of higher density urbanized areas of the City. Low den-
slty detached single family residential dwellings and estate development,
along with the aforedescribed uses, comprise the principal elements of the
d ist ri ct.
7.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
7.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - "Schedule of Permitted Principal
Uses".
7.5 PERMITTED ACCESSORY USES - Subject to the prOVISions of Section 24 -
"Supplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the "permitted principal uses" are allowed,
including but not limited to the following:
a. Buildings, structures and uses accessory to permitted farming and
ranching operations;
b. Private swimming pools, wading pools, and game courts (1 ighted or
unlighted), provided that: if lighted, the 1 ighting shall be so
directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or game
court is for the private use of the site occupants and their guests,
and not operated as a business. All "at grade" swimming pools with a
water depth greater than (24) inches and "above grade" swimming pools
having a water depth (24) inches or more, except for inflatable port-
able tot pools, shall be enclosed by a fence and gate not less than (4)
feet nor more than (6) feet in height, and of such material and design
to discourage unauthorized entry to the facility. Such pool(s) may be
located in a required side or rear yard, but not within a required
front yard, and shall not be located closer than (5) feet to any side
or rear property line.
c. Private residential garages, carports and related storage buildings
and greenhouses accessory to permitted residential uses.
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d.
Servants quarters for domestic servants employed on the premises or
family members provided the gross habitable square feet of floor area
shall not exceed (600) square feet. Such quarters may be housed within
the principal residential dwelling, above a residential garage, or be part
of an accessory building on the same premises, and shall comply with
minimum standards for light, health, safety, and occupancy in conform-
ance with other applicable City Codes and Ordinances.
e.
Lanais, gazebos, garden and patio shelters, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not
impaired.
f.
Non-commerical radio and television receiving antennae and non-com-
mercial radio transmitting antennae limited in height to (60) feet
(measured from the ground line in front of the dwelling or use facing
a public street), and further provided no electrical, radio or tele-
vision signal interference is created which would adversely affect such
audio or visual signals to nearby dwellings and other permitted uses;
g.
R~quired off-street parking and loading spaces.
h.
Home occupation uses, a~ defined by this ordinance Section 38.41-
II Home Occupation tUse)lI.
Parking and storage of private boat(s), camper trailer(s), or other
recreational vehicle(s), in conformance with Section 24.10
"Parking, Storage or Use of Major Recreational Equipment and Vehicles".
i.
j .
Signs, in conformance with these regulations and other appl icable
City Codes and Ordinances.
k.
Private domestic greenhouses.
1.
Private stables for the keeping of grazing animals, provided:
1.) Significant ground accumulations of manure shall be collected and
properly disposed so as not to create offensive odors, fly breedIng,
or in any way become a health hazard or nuisance to humans
or animals;
2.) Fences for pens, corrals or similar enclosures shall be of
sufficient height and strength to properly retain the grazing animal(s)
on the premises; and
3.) The minimum space area of the lot upon which such grazing animal(s)
may be kept, including pens, corrals, and stables, shall not be
less than 15,000 square feet per each grazing animal over 500 pounds
and not less than 5,000 square feet for any other grazlng animal.
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7.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally per-
mitted in this district, yet would or could be an appropriate or compatible
use under certain controlled circumstances and locations, the "Zoning Board
of Adjustment: may, after public hearing thereon, authorize and grant the
issuance of a "Special Exception" for such special exception uses as allowed
in Section 22 - 'ISchedule of Permitted Principal Uses", The issuance of such
Ilexception" by the "Board" shall be contingent upon reasonable and appropriate
conditions and safeguards, including the length of time thereof, when
appropriate, so as to properly protect any adjacent property, use or neigh-
borhood character, as well as insure the appropriate conduct of the special
exception use of the land or buildings granted.
7.7 PROHIBITED USES - Any use not expressly authorized and permitted herein is
expressly prohibited in this district, unless otherwise allowed in conformance
with the provisions of Section 4.2 - "Classification of New and Unlisted Uses".
7.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maximum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of Section 23 -
"Schedule of District Regulations" and other applicable provisions of
Section 24 - "Supplementary District Regulations'l.
OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions of Section 25 - "Off-Street Parking Require-
ments", and Sect ion 26 - 'IOff-Street Load i ng Requ i rements".
7.10 LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a
change in zoning district boundaries on the "Official Zoning Map" affecting
this district shall be accompanied by a land plan and supporting document
therefor, in conformance with the provisions of Section 33.2 - I'Petition for
Zoning District Change: Land Plan and Supporting Documents Required'l.
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SECTION 8 - R-4o SINGLE FAMILY RESIDENTIAL DISTRICT
8.1 R-4o SINGLE FAMILY RESIDENTIAL DISTRICT - The regulations set forth in
this section, or as set forth elsewhere in this ordinance when referred
to in this section, are the regulations of the "R-4o Single Family
Residential District".
8.2 PURPOSE AND INTENT - The purpose and intent of the IIR-4o Single Family
Residential Districtll is to provide for compatible land, building and
structure uses primarily oriented to low density residential purposes,
open space uses, and select community facility uses. The locational
characteristics of this district are not confined to any specific or general
area; however, they are most appropriate on the outer fr'inge of the more
intensively urbanized parts of the community, and/or along protected flood
prone areas. Land uses in this district are normally connected to an approved
public or private sewage collection and treatment system, rather than individ-
ual septic tanks and subsurface drainage fields. Low density detached single
family residential dwellings and development, along with the aforedescribed
uses, comprise the principal elements of the district.
8.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
8.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - 'ISchedule of Permitted
Principal Uses'l.
PERMITTED ACCESSORY USES - Subject to the prOVIsions of Section 24 -
IISupplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the "permitted principal uses" are allowed,
including but not limited to the following:
a. Private residential garages, carports and related storage buildings
and greenhouses accessory to permitted residential uses.
b. Private swimming pools, wading pools, and game courts (lighted or
unlighted), provided that: If lighted, the lighting shall be so
directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or
game court is for the private use of the site occupants and their
guests, and not operated as a business. All "at g~ade" swimming
pools with a water depth greater than (24) inches and "above grade"
swimming pools having a water depth (24) inches or more, except for
inflatable portable tot pools, shall be enclosed by a fence and gate
not less than (4) feet nor more than (6) feet in height, and of such
material and design to discourage unauthorized entry to the facil ity.
Such pool(s) may be located in a required side or rear yard, but not
within a required front yard, and shall not be located closer than
(5) feet to any side or rear property line.
c. Lanais, gazebos, garden and patio shelters, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not
i mpa ired.
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,
8.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or compatible
use under certain controlled circumstances and locations. the "Zoning Board
of Adjustment" may, after public hearing thereon. authorize and grant the
issuance of a "Special Exceptionll for such special exception uses as allowed
in Section 22 - "Schedule of Permitted Principal Uses". The issuance of such
lexc~Ption" by ~~e "Boa'rd" shall be contingent_upon reasonable and appropriate
conditions and safeguards, including the length of time thereof. when
appropriate, so as to properly protect any adjacent property. use. or
neighborhood character. as well as insure the appropriate conduct of the
special exception use of the land or buildings granted.
8.7 PROHIBITED USES - Any use not expressly authorized and permitted herein is
expressly prohibited in this district. unless otherwise allowed in conformance
with the provisions of Section 4.2 - "Classification of New and Unlisted Uses".
8.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density. minimum lot
size. minimum yard sizes (front. side and rear). maximum building height
(stories and feet), and maxiumum percent of lot coverage by buildings. as
pertains to this district. shall conform with the provisions of Section 23 -
"Schedule of District Regulations'l and other applicable provisions of
Section 24 - "Supplementary District Regulationsll.
8.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and loading
requirements pertaining to uses allowed in this district shall conform with
the provisions of Section 25 - "Off-Street Parking Requirements", and
Section 26 - "0ff-Street Loading Requirements".
8.10 LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the "Official Zoning Map" affecting this
district shall be accompanied by a land plan and supporting document therefor.
in conformance with the provisions of Section 33.2 "Petition for Zoning
District Change: Land Plan and Supporting Documents Required'~
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d. Non-commercial radio and television receiving antennae and non-com-
mercial radio transmitting antennae limited in height to (60) feet
(measured from the ground line in front of the dwelling or use facing
a publ ic street), and further provided no electrical, radio or tele-
vision signal interference is created which would adversely affect
such audio or visual signals to nearby dwellings and other permitted
uses;
e. Required off-street parking and loading spaces.
f. Home occupation uses, as defined by this ordinance Section 38.41 -
IIHome Occupat i on (Use) ".
g. Parking and storage of private boat(s), camper trailer(s), or other
recreational vehicle(s), in conformance with Section 24.10 -
IIParking, Storage or Use of Major Recreational Equipment and Vehicles".
h. Signs, in conformance with these regulations and other applicable
City Codes and Ordinances.
i. Private domestic greenhouses.
j. Private stables for the keeping of grazing animals, provided:
1.) Significant ground accumulations of manure shall be collected and
properly disposed so as not to create offensive odors, fly breed-
ing, or in any way become a health hazard or nuisance to humans
or animals;
2.) Fences for pens, corrals or similar enclosures shall be of suf-
ficient height and strength to properly retain the gpazing animal(s)
on the premises; and
3.) The minimum space area of the lot upon which such grazing animal(s)
may be kept, including pens, corrals, and stables, shall not be
less than 15,000 square feet per each grazing animal over 500 pounds
and not less than 5,000 square feet for any other grazing animal.
16
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SECTION 9 - R- 30 SINGLE FAMILY RESIDENTIAL DISTRICT
PAGE
9. I R-30 SINGLE FAMILY RESIDENTIAL DISTRICT - The regulations set forth in this
section, or as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the "R-30 Single Family Residential
District." '
9.2 PURPOSE AND INTENT - The purpose and intent of the R-30 Single Family
Residential District" is to provide for compatible land, huilding and
structure uses primarily oriented to low density residential purposes, open
space uses, and select community facility uses. The locational charac-
teristics of this district are generally found in the inner urbanized
developed areas of the City. Land uses in this district are normally
connected to an approved public or private sewage collection and treatment
system, rather than individual septic tanks and subsurface drainage fields.
Moderately low density detached single family residential dwellings and
development, along with the afore&escrlbed uses, comprise the principal
elements of the district.
9.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
9.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - '~chedule of Permitted Principal
Uses".
9.5 PERMITTED ACCESSORY USES - Subject to the prOVISions of Section 24 -
"Supplementary District Regulation~l, accessory buildings, structures and
uses customarily incidental to the "permitted principal uses" are allowed,
including but not limited to the following:
a. Private residential garages, carports and related storage buildings and
greenhouses accessory to permitted residential uses.
I
b. Private swimming pools, wading pools, and game courts (lighted or
unlighted), provided that: if lighted, the lighting shall be so
directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or
game court is for the private use of the site occupants and their
guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than (24) inches and "above grade"
swimming pools having a water depth (24) inches or more, except for
inflatable portable tot pools, shall be enclosed by a fence and gate
not less than (4) feet nor more than (6) feet in height, and of such
material and design to discourage unauthorized entry to the facility.
Such pool(s) may be located in a required side or rear yard, but not
within a required front yard, and shall not be located closer than(S)
feet to any side or rear property line.
c. Lanais, gazebos, garden and patio shelters, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not
impaired.
18
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PAGE
d. Non-commerical radio and television receIvIng antennae and non-com-
mercial radio transmitting antennae I imited in height to (60) feet
(measured from the ground I ine in front of the dwelling or use facing
a public street), and further provided no electrical, radio or tele-
vision signal interference is created which would adversely affect
such audio or visual signals to nearby dwellings and other permitted
uses;
e. Required off-street parking and loading spaces.
f. Home occupation uses, as defined by this ordinance - Section 38.41 -
"Home Occupation (Use)ll.
g. Parking and storage of private boat(s), camper trailer(s), or other
recreational vehicle(s), in conformance with Section 24.10 - "Parking,
Storage or Use of Major Recreational Equipment and Vehicles".
h. Signs, in conformance with these regulations and other applicable
City Codes and Ordinances.
i. Private domestic greenhouse.
.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
"Zoning Board of Adjustment" may, after publ ic hearing thereon, authorize
and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 22 - "Schedule of Permitted Principal Uses."
The issuance of such "_exception" by the "Board" shall be contingent upon
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
~7 . PROHIBITED USES - Any use not expressly authorized and permitted herein
is expressly prohibited in this district, unless otherwise allowed in
conformance with the provisions of Section 4.2 - "Classification of New
and Unl isted Usesl'.
9.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maximum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of Section 23
"Schedule of District Regulations" and other applicable provisions of
Section 24 - "Supplementary District Regulations".
19
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_PA.GE
9.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions of Section 25 - 1I0ff-Street Parking Require-
ments" and Section 26 - 1I0ff-Street Loading Requirements".
9.10 LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the "Official Zoning Map" affecting this
district shall be accompanied by a land ~lan and supporting document
therefor, in conformance with the provisions of Section 33.2 - I'Petition
for Zoning District Change: land Plan and Supporting Documents Requiredll.
20
VOLUME
SECTION 10 - R~20 SINGLE FAMILY RESIDENTIAL
PAGE
~ -
10.1 R-20 SINGLE FAMILY RESIDENTAIL DISTRICT - The regulations set forth in this
section or as set forth elsewhere in this ordinance when referred to in
,
this section, are the regulations of the "R-20 Single Family Residential
District".
10.2 PURPOSE AND INTENT - The purpose and intent of the "R-20 Single Family
Residential District'l is to provide for compatible land, building and
structure uses primarily oriented to medium-low density residential purposes,
open space uses, and select community facility uses. The locational
characteristics of this district are generally found in the inner urbanized
developed area of the City, adjacent to shopping facilities. Land uses in
this district are normally connected to an approved public or private sewage
collection and treatment system, rather than individual septic tanks and
subsurface drainage fields.
Moderate-low density detached single family residential buildings as exist
in the inner area of the City comprise the principal elements of this district.
It is further the intent to use this district and its regulations to accom-
modate and recognize the existence of small lot conventional single family
development, which presently exists in the City.
10.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
10.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - "Schedule of Permitted Principal
Uses." .
10.5 PERMITTED ACCESSORY USES - Subject to the provIsions of Section 24 -
"Supplementary District Regulation~', accessory buildings, structures and
uses customarily incidental to the "permitted principal usesll are allowed,
including but not limited to the following:
a. Private residential garages, carports and related storage buildings and
greenhous~s accessory to permitted residential uses.
b. Private swimming pools, wading pools, and game courts (lighted or
unlighted), provided that: if lighted, the. lighting shall be so
directed and shielded so as not to shine directly on any adjacent
res i dent i a I property; and further prov i ded that any such poo I or
game court is for the private use of the site occupants and their
guests, and not operated as a business. All "at grade" swimming
poo I s wi th a water depth greater than (24) inches and lIabove grade"
swimming pools having a water depth (24) inches or more, except for
inflatable portable tot pools, shall be enclosed by a fence and gate
not less than- (4) feet nor more than (6) feet in height, and of such
material and design to discourage unauthorized entry to the facility.
Such pool(s) may be located in a required side or rear yard, but not
within a required front yard, and shall not be located ~loser than(S)
feet to any side or rear property line.
c. Lanais, gazebos, garden and patio shelters, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not
impa ired.
21
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PAGE
d. Non-commerical radio and television receiving antennae and non-com-
mercial radio transmitting antennae limited in height to (60) feet
(measured from the ground line in front of the dwelling or use facing
a public street), and further provided no electrical, radio or tele-
vision signal interference is created which would adversely affect
such audio or visual signals to nearby dwellings and other permitted
uses;
e. Required off-street parking and loading spaces.
f. Home occupation uses, as defined by this ordinance - Section 38.41 -
"Home Occupation (Use)lI.
g. Parking and storage of private boat(s), camper trailer(s), or other
recreational vehicle(s), in conformance with Section 24.10 - IIParking,
Storage or Use of Major Recreational Equipment and Vehiclesll.
h. Signs, in conformance with these regulations and other applicable
City Codes and Ordinances.
i. Private domestic greenhouse.
10.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
"Zoning Board of Adjustment" may, after public hearing thereon, authorize
and grant the issuance of a "Speci a 1 Exceptli'on" for such speci a 1 except i on
uses as allowed in Section 22 - "Schedule of Permitted Principal Uses".
The issuance of such "except ion" by the "Board" sha II be cont in'gent upon
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
10.7 PROHIBITED USES - Any use not expressly authorized and permitted herein
is expressly prohibited in this district, unless otherwise allowed in
conformance with the provisions of Section 4.2 - "Classification of New
and Unlisted Uses".
lG.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maxImum. permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maxiumum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of Section 23
IISchedule of District Regulations" and other applicable provisions of
Section 24 - "Supplementary District Regulations".
22
i~r:T'1''T'
\.. __'J.~ -J .......... ' "":"' . ,...,..,...,
.. ---_____._______ :.. n,..;!",;-
-
10.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and loading
requirements pertaining to uses allowed in this district shall conform with
the provisions of Section 25 - "Off-Street Parking Requirements", and
Section 26 - "0ff-Street Loading Requirements".
10.10 LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the "0fficial Zoning Map" affecting this
district shall be accompanied by a land plan and supporting document therefor,
in conformance with the provisions of Section 33.2 "Petition for Zoning
District Change: Land Plan and Supporting Documents Required'~
23
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PAGE
-
SECTION II - R-15 SINGLE FAMILY RESIDENTIAL
ll. 1 R-15 SINGLE FAMILY RESIDENTIAL DISTRICT - The regulations set forth in this
section, or as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the "R-15 Single Family Residential
District."
11.2 PURPOSE AND INTENT - The purpose and intent of the "R-l5 Single Family
Residential District" is to provide for compatible land, building and
structure uses primarily oriented to medium-low density residential pur-
poses, open space uses, and select community facility uses. The locational
characteristics of this district are generally found in the inner urbanized
developed core of the City and/or adjacent to shopping facilities. Land
uses in this district are normally connected to an approved public or
private sewage collection and treatment system, rather than individual
septic tanks and subsurface drainage fields.
Medium-low density detached single family residential buildings as exist on
small lots in the inner core area of the city on typically small lots,
along with the aforedescribed uses, comprise the principal elements of this
district. It is further the intent to use this district and its regulations
to accommodate and recognize the existence of small lot conventional single
family development, which presently exists in the City, but not to create
new zoned areas for such conventional small lots.
11.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
11.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - "Schedule of Permitted Principal
Uses".
II.S PERMITTED ACCESSORY USES - Subject to the prOVISions of Section 24 -
"Supplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the "permitted principal uses" are allowed,
including but not limited to the following:
a. Private residential garages, carports and related storage buildings and
greenhouses accessory to permitted residential uses.
b. Private swimming pools, wading pools, and game courts (lighted or
unlighted), provided that: if lighted, the lighting shall be so
directed and shielded so as not to shine directly on any adjacent
residential property; and further ;,rovided that any such pool or
game court is for the private use of the site occupants and their
guests, and not operated as a business. All "at grade" swimming
poo I s wi th a water depth greater than (24) inches and "above grade"
swimming pools having a water depth (24) inches or more, except for
inflatable portable tot pools, shall be enclosed by a fence and gate
not< less than (4) feet nor more than (6) feet in height, and of such
material and design to discourage unauthorized entry to the facility.
Such pool(s) may be located in a required side or rear yard, but not
within a required front yard, and shall not be located closer thaneS)
feet to any side or rear property line.
24
11.6
11. 7
11.8
VOLUM'E___PAGE
c. Lanais, gazebos, garden and patio shelters, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not
impa ired.
d. Non-commerical radio and television receiving antennae and non-com-
mercial radio transmitting antennae limited in height to (60) feet
(measured from the ground line in front of the dwelling or use facing
a public street), and further provided no electrical, radio or tele-
vision signal interference is created which would adversely affect
such audio or visual signals to nearby dwellings and other permitted
uses;
e. Required off-street parking and loading spaces.
f. Home occupation uses, as defined by this ordinance - Section 38.41 -
"Home Occupation (Use)".
g. Parking and storage of private boat(s), camper trailer(s), or other
recreational vehicle(s), in conformance with Section 24.10 - "Parking,
Storage or Use of Major Recreational Equipment and Vehicles".
h. Signs, in conformance with these regulations and other applicable
City Codes and Ordinances.
i. Private domestic greenhouse.
SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
IIZoning Board of Adjustmentll may, after public hearing thereon, authorize
and grant the issuance of a IISpecial Exceptioni, for such special exception
uses as allowed in Section 22 - IISchedule of Permitted Principal Uses ".
The issuance of such "except i on" by the "Board'l sha II be cant i ngent upon
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
PROHIBITED USES - Any use not expressly authorized and permitted herein
is expressly prohibited in this district, unless otherwise allowed in
conformance with the provisions of Section 4.2 - "Classification of New
and Unlisted Uses".
DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maxiumum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of Section 23 -
"Schedule of District Regulations" and other applicable provisions of
Section 24 - "Supplementary District Regulations".
25
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-
11.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and loading
requirements pertaining to uses allowed in this district shall conform with
the provisions of Section 25 - 1I0ff-Street Parking Requirements", and
Section 26 - "0ff-Street Loading Requirements".
11.10LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the 1I0fficial Zoning Map" affecting this
district shall be accompanied by a land plan and supporting document therefor,
in conformance with the provisions of Section 33.2 "Petition for Zoning
District Change: Land Plan and Supporting Documents Requiredll.
26
VCLul~rE
PAGE
SECTION 12 - R-D TWO FAMILY RESIDENTIAL DISTRICT
l2.1 R-D TWO FAMILY RESIDENTIAL DISTRICT - The regulations set forth in this
section, or as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the "R-D Two Family Residential
District".
12.2 PURPOSE AND INTENT - The purpose and int'ent of the "R-D Two Family Resi-
dential District" is to provide for compatible land, building and structure
uses primarily oriented to medium-low density one and two family residential
purposes, open space uses, and select community facility uses. The lo-
cational characteristics of this district are generally, but not always,
found in the inner urbanized developed core of the City, around shopping
centers and neighborhood serving facilities, plus as a transitional element
between low density single family districts and higher density multi-family
districts. Land uses in this district are normally connected to an approved
public or private sewage collection and treatment system, rather than
individual septic tank and subsurface drainage fields. Single family
detached dwellings and dwellings containing two family dwelling units, plus
the aforedescribed uses, comprise the principal elements of the district.
The intent of this district is not to mix single and two units; therefore,
to promote a more homogeneous land use pattern the Developer is encouraged
to group permitted uses in clusters.
l2.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
12.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - "Schedule of Permitted Principal
Uses".
12.5 PERMITTED ACCESSORY USES - Subject to the provIsions of Section 24 -
"Supplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the "permitted principal uses" are allowed,
including but not limited to the following:
a. Private residential garages, carports and related storage buildings and
greenhouses accessory to permitted residential uses.
b. Private swimming pools, wading pools, and game courts (lighted or
unlighted), provided that: if lighted, the. lighting shall be so
directed and shielded so as not to shine directly on any adjacent
residential property; and further provided that any such pool or
game court is for the private use of the site occupants and their
guests, and not operated as a business. All "at grade" swimming
pools with a water depth greater than (24) inches and "above grade"
swimming pools having a water depth (24) inches or more, except for
inflatable portable tot pools, shall be enclosed by a fence and gate
not less than (4) feet nor more than (6) feet in height, and of such
material and design to discourage unauthorized entry to the facility.
Such pool(s) may be located in a required side or rear yard, but not
within a required front yard, and shall not be located closer thaneS)
feet to any side or rear property line.
27
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PAGE
c. Lanais, gazebos, garden and patio shelters, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not
impaired.
d. Non-commerical radio and television receiving antennae and non-com-
mercial radio transmitting antennae I imited in height to (60) feet
(measured from the ground line in front of the dwelling or use facing
a public street), and further provided no electrical, radio or tele-
vision signal interference is created which would adversely affect
such audio or visual signals to nearby dwellings and other permitted
uses;
e. Required off-street parking and loading spaces.
f. Home occupation uses, as defined by this ordinance - Section 38.41 -
"Home Occupation (Use)lI.
g. Parking and storage of private boat(s), camper trailer(s), or other
recreational vehicle(s), in conformance with Section 24.10 - IIparking,
Storage or Use 'of Major Recreational Equipment and Vehicles".
h. Signs, in conformance with these regulations and other applicable
City Codes and Ordinances.
i. Private domestic greenhouse,
12.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
"Zoning Board of Adjustment" may, after public hearing thereon, authorize
and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 22 - "Schedule of Permitted Principal Uses ".
The issuance of such llexception" by the "Board'l shall be contingent upon
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
12.7 PROHIBITED USES - Any use not expressly authorized and permitted herein
is expressly prohibited in this district, unless otherwise allowed in
conformance with the provisions of Section 4.2 - "Classification of New
and Unlisted Uses".
12.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maxiumum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of Section 23
"Schedule of District Regulations" and other applicable provisions of
Section 24 - "Supplementary District Regulations".
28
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PAGE
12.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and loading
requirements pertaining to uses allowed in this district shall conform with
the provisions of Section 25 - "Off-Street Parking Requirements", and
Section 26 - "Off-Street Loading Requirements".
12.10 LAND PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the 1I0fficial Zoning Map" affecting this
district shall be accompanied by a land plan and supporting document therefor,
in conformance with the provisions of Section 33.2 "Petition for Zoning
District Change: Land Plan and Supporting Documents Required".
29
VOLUME PAGE
SECTION 13 - VACANT - RESERVED FOR FUTURE EXPANSION
30 - 31
VOLU,::2
_1? AG E
SECTION 14 - R-MF MULTI-FAMILY RESIDENTIAL DISTRICT
14.1 R-MF MULTI-FAMILY RESIDENTIAL DISTRICT - The regulations set forth in this
section, or as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the IIR-MF Muti-Family Residential
District II
14.2 PURPOSE AND INTENT - The purpose and intent of the "R-MF Multi-Family
Residential District" is to provide for compatible land, building and
structure uses primarily oriented to medium density multi-family resi-
dential purposes, open space uses, and select community facility uses. The
locational characteristics of this district are generally, but not always,
found in the inner urbanized developed core of the City, around shopping
centers and neighborhood serving facilities, near employment centers, at
the intersections of major and secondary thoroughfare streets, and as a
transitional element between lower density and more intense non-residential
land uses. Land uses in this district are normally connected to an ap-
proved public or private sewage collection and treatment system, rather
than individual septic tanks and subsurface drainage fields. Garden
apartment buildings and condomiums, and low density townhouses, plus the
aforedescribed uses, comprise the principal elements of this district.
l4.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
14.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - "Schedule of Permitted Principal
Uses II.
14.S PERMITTED ACCESSORY USES - Subject to the prOVISions of Section 24 -
"Supplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the "permitted principal uses" are allowed,
including but not limited to the following:
a. Private residential garages, carports and related storage buildings and
~reenhouseS accessory to permitted residential uses.
b. Private swimming pools, wading pools, and game courts (lighted or
unlighted), provided that: if lighted, the. lighting shall be so
directed and shielded so as not to shine directly on any adjacent
res i dent i a 1 property; and. fu rther: prov i ded that any such pool or
game court is for the private use of the site occupants and their
guests, and not operated as a business. All lIat grade" swimming
pools with a water depth greater than (24) inches and "above grade"
swimming pools having a water depth (24) inches or more, except for
inflatable portable tot pools, shall be enclosed by a fence and gate
not less than (4) feet nor more than (6) feet in height, and of such
material and design to discourage unauthorized entry to the facility.
Such pool(s) may be located in a required side or rear yard, but not
within a required front yard, and shall not be located closer than(S)
feet to any side or rear property line.
32
VOLUME
PAGE
-...
c. Lanais, gazebos, garden and patio shelters, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not
impa ired.
d. Non-commerical radio and television receiving antennae and non-com-
mercial radio transmitting antennae limited in height to (60) feet
(measured from the ground line in front of the dwelling or use facing
a public street), and further provided no electrical, radio or tele-
vision signal interference is created which would adversely affect
such audio or visual signals to nearby dwellings and other permitted
uses;
e.
Required off-street parking and loading spaces.
f.
Parking and storage of private boat(s), camper trailer(s), or other
recreational vehicle(s), in conformance with Section 24.10 - IIParking,
Storage or Use of Major Recreational Equipment and Vehicles".
g.
Signs, in conformance with these regulations and other applicable
City Codes and Ordinances.
h.
Private domestic greenhouse.
i.
Outdoor storage areas or storage buildings for boats, trailers, and
other recreational equipment, automobiles, or household effects - for
the exclusive use of the site occupants, provided these accessory uses
are screened in general conformity to Section 24.1 - IIScreenin9 Elements".
j.
An office area not containing more than (2) percent of the gross floor
area of the main building in a multi-family development, used exclusively
for administration purposes for said development only.
k.
Coin operated vending machines in a principal or accessory bui lding
for newspapers, candy, tobacco, soft drinks, ice and similar services,
for use by the site occupants and guests of permitted uses in this
district.
1.
Social and recreation buildings for use by the site occupants and
guests of permitted uses in ~his district.
m.
Group dining quarters within a principal building.
33
l4.7
14.8
VOLmn'j
?AGE
14.6
SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
"Zoning Board of Adjustment" may, after public hearing thereon, authorize
and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 22 - "Schedule of Permitted Principal Uses."
The issuance of such "exception" by the "Board" shall be contingent upon
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
PROHIBITED USES - Any use not expressly authorized and permitted herein
is expressly prohibited in this district, unless otherwise allowed in
conformance with the provisions of Section 4.2 - "Classification of New
and Unlisted Usesll.
DENSITY; AREA: YARD: HEIGHT; AND LOT COVERAGE REQUIREMENTS The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maximum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of Section
23 - "Schedule of District Regulations" and other appl icable provisions of
Section 24 - "Supplementary District Regulations ".
4.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions of Section 25 - '~ff-Street Parking Require-
mentsll~ and Section 26 - 1I0ff-Street Loading Requirements ",
"1.10 SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the "Official Zoning Map" affecting this
district, or for a "Special Use Permit" to be issued in this district,
shall be accompanied by a site plan and supporting document therefor,
unless otherwise waived by the City Planning and Zoning Commission or
Zoning Board of Adjustment, in conformance with the provisions of Section 33.2 _
"Petition for Zoning Distr.ict Change: Land Plan and Supportings Documents
Requ i red".
14.l1 OPEN SPACE REQUIRED - Unless waived by the Planning and Zoning Commission,
the R-MF Multi-Family Residential District shall conform to the Open Space
Requirements as set forth in Sections 21.6 "Open Space Requirements",
2l.7 "Maximum Residential Density Permitted; and Density Increase Bonuses"
and 21.8 "Guarantee of Common Open Space".
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SECTION lS - MH MOBILE HOME RESIDENTIAL DISTRICT
15. 1 "MH" MOBILE HOME RESIDENTIAL DISTRICT - The regulations set forth in this
section, or as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the "MH Mobile Home Residential
District ".
15.2 PURPOSE AND INTENT. The purpose of the "MH Mobile Home Residential Dis-
trict" is to provide for the orderly, safe and healthful development of
mobile home parks and mobile home subdivisions. Since mobile homes are
recognized as a special form of housing, the intent of this district is to
provide appropriate standardsas to compatible land uses.gensitv. minimum
mobile home park or subdivision size, and other relevant requirements
pertaining to the design, construction. alterations and extensions of
mobile home parks and mobile home subdivisions. Land uses in this district
are normally connected to an approved public or private sewage collection
and treatment system, rather than individual septic tanks and subsurface
drainage fields.
IS.3 USE REGULATIONS - Every mobile home park or mobile home subdivision here-
after constructed, enlarged, altered, extended or created shall comply with
all the regulations set forth under this section.
'S.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are designated in Section 22 - "Schedule of Permitted Principal
Uses".
).5 PERMITTED ACCESSORY USES - Subject to the provisions of Section 24 -
"Supplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the "permitted principal uses" are allowed
including, but not limited to, the following: '
a. Private residential garages, carports and related storage buildings and
greenhouses accessory to permitted residential uses.
b. Private swimming pools, wading pools, and game courts (lighted or
unl ighted), provided that: if lighted, the, lighting shall be so
directed and shielded so as not to shine directly on any adjacent
res i dent i a 1 property; and further prov i ded that any such poo I or
game court is for the private use of the site occupants and their
guests, and not operated as a business. All "at gradell swimming
pools with a water depth greater than (24) inches and lIabove grade"
swimming pools having a water depth (24) inches or more, except for
inflatable portable tot pools, shall be enclosed by a fence and gate
not less than (4) feet nor more than (6) feet in height, and of such
material and design to discourage unauthorized entry to the facility.
Such pool(s) may be located in a required side or rear yard, but not
within a required front yard, and shall not be located closer thaneS)
feet to any side or rear property line.
c. Lanais, gazebos, garden and patio shelters, and children's playhouses,
provided the privacy enjoyed by adjacent residential dwellings is not
impaired.
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d. Non-commerical radio and television receiving antennae and non-com-
mercial radio transmitting antennae limited in height to (60) feet
(measured from the ground line in front of the dwelling or use facing
a public street), and further provided no electrical, radio or tele-
vision signal interference is created which would adversely affect
such audio or visual signals to nearby dwellings and other permitted
uses;
e.
Required off-street parking and loading spaces.
f.
Home occupation uses, as defined by this ordinance - Section 38.41 -
"Home Occupat i on (Use) II.
g.
Parking and storage of private boat(s), camper trailer(s), or other
recreational vehicle(s), in conformance with Section 24.10 - "Parking,
Storage or Use of Major Recreational Equipment and Vehicles".
h.
Signs, in conformance with these regulations and other applicable
City Codes and Ordinances.
i.
Private domestic greenhouse.
Pool cabanas, laundry buildings, restroom/shower buildings, park
office building, and other similar uses accessory to a Mobile Home
Park or Mobile Home Subdivision.
J .
IS.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain circumstances and locations, the "Zoning Board of
Adjustment" may, after public hearing thereon, authorize and grant the
issuance of a "Special Exception" for such special exception uses as
allowed in Section 22 - "Schedule of Permitted Principal Uses". The
issuance of such ~Iexceptionll by the "Board" shall be contingent upon reason-
able and appropriate conditions and safeguards, including the length of
time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
IS.7 PROHIBITED USES - Any use not expressly authorized and permitted herein
is expressly prohibited in this district, unless otherwise allowed in
conformance with the provisions of Section 4.2 - "Classification of New
and Unlisted Uses".
l5.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maximum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of Section
23 - IISchedule of District Regulations" and other applicable provisions of
Section 24 - "Supplementary District Regulations II
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15.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions of Section 25 - "0ff-Street Parking Require-
mentsll, and Section 26 - "0ff-Street Loading Requirements".
15.10 SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the ..Official Zoning Map'l affecting this
district, or for a IISpecial Use Permit" to be issued in this district, shall
be accompanied by a site plan and supporting document therefor, unless other-
wise waived by the City Planning and Zoning Commission or Zoning Board of
Adjustment, in conformance with the provisions of Section 33.2 - "Petition
for Zoning District Change: Land Plan and Supporting Documents Required".
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----
SECTION 16 - C-PO PROFESSIONAL OFFICE COMMERCIAL DISTRICT
16. I C-PO PROFESSIONAL OFFICE COMMERCIAL DISTRICT - The regulations set forth in
this section, or as set forth elsewhere in this ordinance when referred to
in this section, are the regulations of the "C-PO Professional Office
Commercial District't.
16.2 PURPOSE AND INTENT - The purpose and intent of the "C-PO Professional
Conrnercial District" is to provide for land, building and structure uses
primarily oriented to office and service business activities and conrnercial
uses which do not depend on the sale of convenience type goods. The
locational characteristics of this district are generally confined to
intersections of collector streets and major thoroughfares and as a transi-
tion district between residential and retail sales uses.
l6.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
l6.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - "Schedule of Permitted Principal
Uses ".
16.5 PERMITTED ACCESSORY USES - Subject to the prOVISions of Section 24 -
"Supplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the I'permitted principal uses II are allowed
except that all open storage areas shall be suitably screened.
16.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
"Zoning Board of Adjustment" may, after public hearing thereon, authorize
and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 22 - IISchedule of Permitted Principal Usesll.
The issuance of such "exception" by the "Board" shall be contingent upon
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
l6.7 PROHIBITED USES - Any use not expressly authorized and permitted herein is
expressly prohibited in this district, unless otherwise allowed in con-
formance with the provisions of Section 4.2- - "Classification of New and
Un 1 i sted Usesll.
16.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maximum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provision of Section 22 -
IISchedule of District Regulationsll and other applicable provisions of
Section 24 - "Supplementary District Regulations II
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16.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions of Section 25 - "Off-Street Parking Require-
ments", and Section 26 - "Off-Street Loading Requirements II.
16. lO SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the IIOfficial Zoning Mapll affecting this
district, or for a "Special Use Permitll to be issued in this district,
shall be accompanied by a site plan and supporting document therefor,
unless otherwise waived by the City Planning and Zoning Commission or
Zoning Board of Adjustment, in conformance with the provisions of Section
33.2- "Petition for Zoning District Change: land Plan and Supporting
Documents Requ ired" .
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SECTION 17 - CN NEIGHBORHOOD COMMERCIAL DISTRICT
l7.1 CN NEIGHBORHOOD COMMERCIAL DISTRICT - The regulations set forth in this
section, or as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the "CN Neighborhood Commercial
Di strict II.
17.2 PURPOSE AND INTENT - The purpose and intent of the IICN Neighborhood Com-
mercial District" is to provide for compatible land, building and structure
uses primarily oriented to retail convenience goods and services which
supply the daily needs of residential neighborhoods, including neighborhood
shopping centers; select low intensity office uses; and select community
facility uses. The locational characteristics of this district are generally
confined to limited intersection locations of collector streets and thor-
oughfare streets; within residential IIplanned unit developmentll projects;
and as a transition district between residential districts and higher
intensity commercial and industrial districts. .
17.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
17.4 PERMITTED PRINCIPAL USES - The perm1tted principal uses allowed in this
district are as designated in Section 22 - IISchedule of Permitted Principal
Uses I'.
17.5 PERMITTED ACCESSORY USES - Subject to the prOVISions of Section 24 -
"Supplementary District Regulationsll, accessory buildings, structures and
uses customarily incidental to the IIpermitted principal uses" are allowed,
except that outside merchandise display areas and non-screened open storage
areas are expressly prohibited.
17.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
IIZoning Board of Adjustmentll may, after public hearing thereon, authorize
and grant the issuance of a IISpecial Exception" for such special exception
uses as allowed in Section 22 - IISchedule of Permitted Principal Uses II.
The issuance of such "exception'l by the "Board'l shall be contingentupcn
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
17.7 PROHIBITED USES - Any use not expressly authorized and permitted herein is
expressly prohibited in this district, unless otherwisp- allowed in con-
formance with the provisions of Section 4.2 - "Classification of,New and
Unlisted Uses'l.
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l7.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height,
(stories and feet), and maximum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provisions of Section
23 - "Schedule of District Regulations" and other applicable provisions of
Section 24 - "Supplementary District Regulations ".
17.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions o'f Section 25 - "Off-Street Parking Require-
mentsll, and Section 26 - "Off-Street Loading Requirements".
17.10 SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the 1I0fficial Zoning Map" affecting this
district, or for a "Special Use Permit" to be issued in this district,
shall be accompanied by a site plan and supporting document therefor,
unless otherwise waived by the City Planning and Zoning Commission or
Zoning Board of Adjustment, in conformance with the provisions of Section
33.2-IJPetitlon for. Zoning District Change: Land Plan and Supporting Documents
Requ ired".
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SECTION lB - C-C COMMUNITY COMMERCIAL DISTRICT
IB.l C-C COMMUNITY COMMERCIAL DISTRICT - The regulations set forth in this
section, or as set forth elsewhere in this ordinance when referred to in
this section, are the regulations of the "C-C COllJl1unity Commercial Dis-
trict".
IB.2 PURPOSE AND INTENT - The purpose and intent of the "C-C Community Com-
mercial District" is to provide for land, building and structure uses
primarily oriented to a variety of indoor and outdoor general business
activities of a mixed and diversified nature which supply the needs of the
community, and to some degree that of the illJl1ediate regional area, in-
cluding regional and cOllJl1unity shopping centers. The general character of
this district comprises a broad range' of retail and s'ervice uses, enter-
tainment uses, cOllJl1unity facilities and general office uses. The locational
characteristics of this district are generally confined to the urban
business/collJl1ercial center of the City, major thoroughfare and highway
intersections, and as a transitional district between industrial districts
and more restrictive cOllJl1ercial and medium density residential districts.
IB.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
lB.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - IISchedule of Permitted Principal
Uses ".
IB.5 PERMITTED ACCESSORY USES - Subject to the prOVISions of Section 24 -
"Supplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the "permitted principal usesll are allowed,
except that all open storage areas shall be suitably screened.
lB.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
"Zoning Board of Adjustment" may, after publ Ie hearing thereon, authorize
and grant the issuance of a "Special txception" for such special exception
uses as allowed in Section 22 - "Schedule of Permitted Principal Uses ",
The issuance of such "except i on" by the IIBoardl' sha II be cont i ngent upon
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
IB.7 PROHIBITED USES - Any use not expressly authorized and permitted herein is
expressly prohibited in this district, unless otherwise allowed in con-
formance with the provisions of Section 4.2 - "Classification of New and
Unlisted Uses".
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~
18.8 DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The require-
ments regulating the maximum permissible residential density, minimum lot
size, minimum yard sizes (front, side and rear), maximum building height
(stories and feet), and maximum percent of lot coverage by buildings, as
pertains to this district, shall conform with the provision of Section 23 -
IISchedule of District Regulationsll and other applicable provisions of
Section 24 - IISupplementary District Regulationsl'.
18.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions o'f Section 25 - 1I0ff-Street Parking Require-
ments", and Section 26 - "Off-Street Loading Requirements ". .
18. 10 SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the "Official Zoning Map" affecting this
district, or for a "Special Use Permit" to be issued in this district,
shall be accompanied by a site plan and supporting document therefor,
unless otherwise waived by the City Planning and Zoning Conmission or
Zoning Board of Adjustment, in conformance with the provisions of Section
33:2 - IIPetition for Zoning District Change: Land Plan and Supporting
Documents Required".
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SECTION 19 - M-L LIGHT MANUFACTURING AND INDUSTRIAL DISTRICT
19. 1
M-L LIGHT MANUFACTURING AND INDUSTRIAL DISTRICT - The regulations set forth
in this section, or as set forth elsewhere in this ordinance when referred
to in this section, are the regulations of the "M-L Light Manufacturing and
Industrial District".' .
19.2 PURPOSE AND INTENT - The purpose and intent of the "M-L Light Manufacturing
and Industrial District" is to provide for land, burlding and structure
uses encompassing a variety of mixed wholesale and warehousing activities,
light manufacturing processing and assembly plants, general offices, research
and development laboratories and select corrmercialuses. The locational
characteristics of this district rely on access to major thoroughfares and
highways, and in some cases adjacent to railroad access. The intensity of
uses permitted in this district are further restricted to facilities which
are not obnoxious by reason of the emission of odor, dust, smoke, gas or
noise.
19.3 USE REGULATIONS - Land, buildings and structures may be used only for the
purposes allowed in this section.
19.4 PERMITTED PRINCIPAL USES - The permitted principal uses allowed in this
district are as designated in Section 22 - "Schedule of Permitted Principal
Uses II.
19.5 PERMITTED ACCESSORY USES - Subject to the provIsIons of Section 24 -
"Supplementary District Regulations", accessory buildings, structures and
uses customarily incidental to the "permitted principal uses" are allowed
except that all open storage areas shall be suitably screened.
19.6 SPECIAL EXCEPTION USES - In order to allow for certain uses which, because
of the unique or unusual character thereof, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or com-
patible use under certain controlled circumstances and locations, the
"Zoning Board of Adjustment" may, after public hearing thereon, authorize
and grant the issuance of a "Special Exception" for such special exception
uses as allowed in Section 22 - "Schedule of Permitted Principal Uses 11,
The issuance of such lexception'l by the IIBoardll shall be contingent upon
reasonable and appropriate conditions and safeguards, including the length
of time thereof, when appropriate, so as to properly protect any adjacent
property, use, or neighborhood character, as well as insure the appropriate
conduct of the special exception use of the land or buildings granted.
19.7 PROHIBITED USES - Any use not expressly authorized and permitted herein is
expressly prohibited in this district, unless otherwise allowed in con-
formance with the provisions of Section 4.2 - "Classification of New and
Unlisted Uses".
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19.8 AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS - The requirements
regulating the minimum lot size, minimum yard size (front, side and rear),
maximum building height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district, shall conform with the
provisions of Section 23 - "Schedule of District Regulations" and other
applicable provisions of Section 24 - "Supplementary District Regulations".
19.9 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions of Section 25 - "0ff-Street Parking Require-
ments", and Section 26 - "0ff-Street Loading Requirements".
19.10 SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the "Official Zoning Mapll affecting this
district, or for a IISpecial Use Permit" to be issued in this district,
shall be accompanied by a site plan and supporting document therefor,
unless otherwise waived by the City Planning and Zoning Commission or
Zoning Board of Adjustment, in conformance with the provisions of Section
33.2 - "Petition for Zoning District Change: Land Plan and Supporting
Documents Required:lI.
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SECTION 20 - FLOOD PLAIN "FP" PREFIX TO DISTRICT DESIGNATION
20.1 STATUTORY AUTHORIZATION - The legislature of the State of Texas has in
Section 16-315 Texas Water Code delegated the responsibility to local
governmental units to adopt regulations designed to minimize flood losses.
Therefore, the City Council of Colleyville, Texas does ordain as follows:
a. The flood hazard areas of Colleyville, Texas are subject to
periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and govern-
mental services, and extraordinary public expenditures for flood
protection and relief, all of which adversely affect the public
health, safety and general welfare.
b. These flood losses are created by the cumulative effect of obstructions
in flood plains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately elevated,
floodproofed, or otherwise protected from flood damage.
20.2 PURPOSE AND INTENT - It is the purpose of this ordinance to promote the
public health, safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions designed to:
a. Protect human life and health;
b. Minimize expenditure of public money for costly flood control projects;
c. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
d. Minimize prolonged business interruptions;
e. Minimize damage to public facilities and util ities such as water ahd
gas mains, electric, telephone and sewer lines, streets and bridges
located in flood plains;
f. Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future
flOod blight areas;
n. Provide for the appropriate use of land which has a history of inundation
or is determined to be subject to flood hazard; and,
h. Designate with a flood plain prefix IIFP: portions of certain zoning
districts.
20.J METHODS OF REDUCING FLOOD LOSSES - In order to accomplish its purposes,
this ordinance uses the following methods:
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~
a. Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood
heights or velocities;
b. Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
c. Control the alteration of natural flood plains, stream channels, and
natural protective barriers, which are involved in the accommodation
of flood waters;
d. Control filling, grading, dredging and other development which may
increase flood damage;
e. Prevent or regulate the construction of flood barriers which will
increase flood hazards to other lands.
20.4 DEFINITIONS - The following words, terms and phrases are specifically
applicable to Section 20 of this ordinance.
a. Appeal - means a request for a review of the Administrative Official's
interpretation of any provision of this ordinance or a request for a
variance;
b. Area of Shallow Flooding - means a designated AO Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to
three feet. This condition occurs where a clearly defined channel does
not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident;
c. Area of Special Flood Hazard - is the land in the flood plain within a
community subject to a one percent or greater chance of flooding in any
given year;
d. Base Flood - means the flood having a one percent chance of being
equaled or exceeded in any given year;
e. Development - means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, fill ing, grading, paving, excavation or drilling
operations;
f. Expansion to an Existing Mobile Home Park or Mobile Home Subdivision -
means the preparation of additional sites by the construction of
facilities for servicing the lots on which the mobile homes are to be
affixed (including the installation of utilities, either final site
grading or pouring of concrete pads, or the construction of streets);
g. Flood or Flooding - means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal water;
2. The unusual and rapid accumulation or runoff of surface waters
from any source.
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h. Flood Hazard Boundry Map (FHBM) - means an official map of a community,
issued by the Federal Insurance Administration, where the areas within
the boundaries of special flood hazards have been designated as Zone A;
FAG.E
i. Flood Insurance Rate Map (FIRM) - means an official map of a community,
on which the Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community;
j. Flood Insurance Study - in the official report provided by the Federal
Insurance Administration. The report contains flood profiles, the water
surface elevation of the base flood, as well as the Flood Hazard Boundary-
Floodway Map;
k. Floodway - means the channel for a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot;
1. Habitable Floor - means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, of a com-
bination thereof. A floor used for storage purposes only is not a
"habitable floor11;
m. Mean Sea Level - means the average height of the sea for all stages
of the tide;
n. Start of Construction - means the first placement of permanent construction
of a structure (other than a mobile home) on a site, such as the pouring
of slabs or footings or any work beyond the stage of excavation. Per-
manent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor doe it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not as part of the
main structure. For a structure (other than a mobile home) without a
basement or poured footings, the "start of construction11 includes the
first permanent framing or assemble of the structure or any part thereof
on its piling or foundation. For mobile homes not within a mobile home
park or mobile home subdivision, Ilstart of construction" means the affix-
ing of the mobile home to its permanent site. For mobile homes within
mobile homes parks or mobile home subdivisions, "start of construction"
is the date on which the construction of facilities for servicing the
site on which the mobile home is to be affixed (including, at a minimum,
the construction of streets, either final site grading or the pouring
of concrete pads, and installation of util ities) is completed;
o. Substantial Improvement - means any repair, reconstruction, or improve-
ment of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure. The market value can be defined for
this particular purpose as either (1) the value of the premises before
remodel ing construction is started, or (2) the value of the premises
before any damage was sustained, (if the construction is for the purposes
of restoration due to damage). For the purposes of this definition
IIsubstantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part
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of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include either (1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code specifi-
cations which are solely necessary to assure safety code specifications
or which are solely necessary to assure safe living conditions, or (2)
any alteration of a structure listed on the National Register of Historic
Place or a State Inventory of Historic Places;
20.5 LANDS TO WHICH THIS ORDINANCE APPLIES - This ordinance shall apply to all
areas of special flood hazard within the jurisdiction of the City of Colley-
vi II e.
20.6 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD (FLOOD PLAIN) - The
areas of special flood hazard identified by the Federal Insurance Administra-
tion on its Flood Hazard Boundary Map (FHBM), Community No. 4850590A, dated
March 4, 1977, and any revisions thereto are hereby adopted by reference and
declared to be a part of this ordinance.
20.7 ESTABLISHMENT OF DEVELOPMENT PERMIT - A Development Permit shall be required
to ensure conformance with the provisions of this ordinance.
20.8 COMPLIANCE - No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this ordinqnce
and other applicable regulations.
20.9 WARNING AND DISCLAIMER OF LIABILITY - The degree of flood protection required
by this ordinance is considered reasonable for considerations. On rare
occasions greater floods can and will occur and flood heights may be increased
by man-made or natural causes. This ordinance does not imply that land out-
side the areas of special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This ordinance shall not create
liability on the part of the City of Colleyville or any officer or employee
thereof for any damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
20.10 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATIVE OFFICIAL - The duties and
responsibilities of the Administrative Official with regard to the administra-
tion of the "FP" district shall include, but not be limited to, the following.
a. Maintain and hold open for public inspection all records pertaining to
the provisions of this ordinance;
b. Review, approve or deny all applications for development permits
required by Subsection 20.7 - "Establishment of Development Permit" -
of this ordinance;
c. Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local govern-
mental agencies from which prior approval is required;
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d. Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions)
the City of Colleyville shall make the necessary interpretation;
e. Notify adjacent cummunities and the Texas Department of Water Resources
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration;
f. Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not
diminished;
g. When base flood elevation data has not been provided in accordance with
Subsection 20.6 - "Basis For Establ ishing the Areas of Special Flood
Hazard (Flood Plain)", the Administrative Official shall obtain, review,
and reasonably utilize any base flood elevation data available from a
Federal, State, or other source, in order to administer the provision
of Subsection 20.13 - "Provisions For Flood Hazard Reduction".
20.11 PERMIT PROCEDURES
a. Appl ication for a Development Permit shall be presented to the Administra-
tion Official on forms furnished by him and may include, but not be limit-
ed to, plans in duplicate drawn to scale showing the location, dimensions,
and elevation of proposed landscape alterations, existing and proposed
structures, and the location of the foregoing in relation to areas of
special flood hazard. Additionally, the following information is
requ ired:
1) Elevation in relation to mean sea level, of the lowest floor
(including basement) of all proposed structures;
2) Elevation in relation to mean sea level to which any non-residential
structure shall be floodproofed;
3) A certificate from a registered professional engineer or architect
that the non-residential floodproofed structure shall meet the
floodproofing criteria of Subsection 20.13.b.2 - "Provisions For
Flood Hazard Reduction";
4) Description of the extent to which any watercourse of natural
drainage will be altered or relocated as a result of proposed
development.
b. Approval or denial of a Development Permit by the Administrative Official
shall be based on all of the provisions of this ordinance and the
following relevant factors:
1) The danger to life and property due to flooding or erosion damage;
2) The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owner;
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3) The danger that materials may be swept onto other lands to the
injury of others;
4) The compatibility of the proposed use with existing and anticipated
development;
5) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
6) The costs of providing governmental services during and after
flood conditions including maintenance and repair of streets
and bridges, and public utilities and facilities such as sewer,
gas, electrical, and water sytems;
7) The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site;
8) The necessity to the facility of a waterfront location, where
applicable;
9) The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
10) The relationship of the proposed use to the comprehensive plan
for that area.
20.12 VARIANCE PROCEDURES
a. The Zoning Board of Adjustment as established by the City of Colleyville
shall hear and render judgement on requests for variances from the
requirements of this ordinance.
b. The Zoning Board of Adjustment shall hear and render judgement on an
appeal only when it is alleged there is an error in any requirement,
decision, or determination made by the Administrative Official in the
enforcement or administration of this ordinance.
c. Any person or person~ aggrieved by the decision of the Zoning Board of
Adjustment may appeal such decision in the courts of competent
jurisdiction.
d. The Administrative Official shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Insurance
Administration upon request.
e. Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this section.
f. Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures construct-
ed below the base flood level, providing the relevant factors in
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-
Subsection 20.11.b - IIPermit Procedures" have been fully considered.
As the lot size increases beyond the one-half acre, the technical
justification required for issuing the variance increases.
g. Upon consideration of the factors noted above and the intent of this
ordinance, the Zoning Board of Adjustment may attach such conditions
to the granting of variances as it deems necessary to further the
purpose and objectives of this ordinance - Subsection 20.2 "Purpose
and Intentll.
h. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
i. Prerequisites for granting variances:
1) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief;
2) Variances shall only be issued upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant
the variance would result in exceptional hardship to the applicant,
and (iii) a determination that the granting of a variance will not
result in increased flood heights, additional threats to public
safety, extraordinary public. expense, create nuisances, cause fraud
on or victimization of the public, or conflict with existing local
laws or ordinances;
3) Any applicant to whom a variance is granted shall be given written
notice that a structure will be permitted to be built with a low-
est floor elevation no more than one foot below the base flood
elevation, and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor
elevation.
20.13 PROVISIONS FOR FLOOD HAZARD REDUCTION
a. General Standards - In all areas of special flood hazards the following
provisions are required:
1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of
the structure;
2) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage;
3) All new construction or substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage;
4) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system
and discharges from the systems into flood waters; and,
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5) 'New and replacement sanitary sewage systems shall be designed to
minimize or el iminate infiltration of flood waters into the
system and discharges from the systems into flood waters; and,
6) On-site waste disposal systems shall be located to avoid impair-
ment to them or contamination from them during flooding.
b. Specific Standards - In all areas of special flood hazards where base
flood elevation data has been provided as set forth in (i) Subsection
20.5 - 'ILands To Which This Ordinance Appliesll, and (ii) Subsection 20.10 -
"Duties and Responsibilities of the Administrative Officialll, and (iii)
Subsection 20.13.c. - "Provisions For Flood Hazard Reduction", the
following provisions are required:
1) Residential Construction - New construction or substantial
improvement of any residential structure shall have the lowest
floor, including basement, elevated to or above the base flood
elevation. A registered professional engineer, architect, or
land surveyor shall submit a certification to the Administrative
Official that the standard of this subsection as proposed in
Subsection 20. 11.a. 1 - IIPermit Procedures" is satisfied;
2) Non-residential Construction - New construction or substantial
improvement of any commercial, industrial or other non-residential
structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation or, together
with attendant util ity and sanitary facilities, be floodproofed
so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water and
structural components having the capabil ity of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall submit a certification
to the Administrative Official that the standards of this subsection
as proposed in Subsection 20.11.a.1 - "Permit Procedures" are
satisfied.
3) Mobile Homes -
a) No mobile home shall be placed in a floodway, or if applicable,
a coastal high hazard area, except in an existing mobile home
park or existing mobile home subdivision;
b) All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement. Specific requirements shall be:
1. over-the-top ties at each of the four corners of the
mobile home, with two additional ties per side at
intermediate locations and mobile homes less than 50
feet long requiring one additional tie per side;
2. frame ties at each corner of the home with five addition-
al ties per $ide at intermediate points and mobile homes
53
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rAGE
less than 50 feet long requiring four additional
ties per side;
3. all components of the anchoring system be capable
of carrying a force of 4,800 pounds;
4. any additions to the mobile home be similarly anchored.
c) Standards for Subdivision Proposals -
1. All subdivision proposals shall be consistent with
Subsection 20.1.a - IIStatutory Authorization", 20.1.b,
20.2 - IIPurpose and Intentll, and 20.3 - "Methods of
Reducing Flood Lossesll of this ordinance;
2. ~l proposals for the development of subdivisions shall
meet Development Permit Requirements of Subsections 20.7 -
"Establ ishment of Development Permitll and 20.11 -
IIPermit Procedures" and the provisions of Subsection 20.23 -
"Provisions For Flood Hazard Reductionll of this ordinance;
3. Base flood elevation data shall be generated for
subdivision proposals and other proposed development
which is greater than the lesser of 50 lots or 5 acres,
if not otherwise provided pursuant to Subsection 20.6 -
IIBasis For Establishing the Areas of Special Flood
Hazard (Flood Plain)" or Subsection 20.10.g - "Duties
and Responsibilities of the Administrative Official";
4. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards;
5. All subdivision proposals shall have publ ic utilities
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
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SECTION 21 - PUD-R;-C;-I PLANNED UNIT DEVELOPMENT DISTRICTS
2l.l PUD-R; PUD-C; AND PUD-I PLANNED UNIT DEVELOPMENT DISTRICTS (R -
RESIDENTIAL; C - COMMERCIAL; AND I - INDUSTRIAL) - The regulations set
forth in this section, or as set forth elsewhere in this ordinance when
referred to in this section, are the regulations of the "pUD-R; -C; or -I -
Planned Unit Development Districts."
2l.2 PURPOSE AND INTENT - The purpose and intent of this district is to ac-
commodate planned associations of land uses developed as integral land use
units such as: industrial parks; office parks; commercial or service
centers; shopping centers; residential development of multiple or mixed
housing types (i.e., conventional single family detached dwellings, du-
plexes, multi-family apartments, attached townhouses, condominium multi-
family dwellings; cluster homes, "011 - lot line homes, and patio and atrium
homes); and other appropriate and compatible combinations of land uses
which may be planned, developed and operated as integral land use units,
either by a single owner or combination of owners.
This district is designed to encourage the most appropriate uses of land,
permit flexibility to encourage a more creative, efficient, environmentally
pleasing and aesthetic design regarding the spatial arrangement of build-
ings and land uses, open spaces, circulation and transportation patterns,
and considerations of special site and topographic features.
Development controls aimed at assuring the character, compatibility of
mixed land uses, and harmonious and timely development of the project are
maintained through the establishment of standards specified for various
land uses, yards, site coverage by buildings, etc., which are determined by
actual design and incorporated into the amending ordinance of the zoning
regulations. Likewise, site plans, development schedules, draft restrictive
deed covenants and draft property owner association convenants when appli-
cable, are required to be submitted.
The Official Zoning Map of the City only identifies those Planned Unit
Developments (PUD) that have been previously approved by the City Council.
The map does not forecast the location or type of planned unit developments
but assumes that every parcel of land within the community has the potential
of being appropriately planned under the regulations set forth herein;
therefore, relies on the owner to initiate a petition for zoning change.
2l.3 USE REGULATIONS - Land, buildings or structures within any "Planned Unit
Development District" may be used for any appropriate combination of
principal uses, accessory uses, community facility uses, and special uses
permitted in any agricultural , residential, commercial or industrial
district within the City; however, the City Planning and Zoning Commission
and City Council reserve the right to prohibit and exclude certain uses
within any planned district when, in their opinion, the inclusion of
certain uses would or could cause or create an adverse impact within or to
adjacent development, or be an otherwise inappropriate use within the
development or detrimental to persons or property both within or adjacent
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thereto. For the purposes of these regulations planned unit development
districts shall be confined to one of the following designated classifi-
cations, and shall be designated on the Official Zoning Map in the follow-
ing manner using the letter abbrevIations of such districts:
"PUD-R" - (Planned Unit Development - Residential)j
"PUD-C" - (Planned Unit Development - Commercial);
"PUD-I" - (Planned Unit Development - Industrial).
21.4 PERMITTED USES
a. "PUD-R" Planned Unit Development: Residential (where the majority of
land use is designated for residential purposes) -
l. Any single purpose or mixed type of residential dwellings,
including but not limited to: detached single family dwellings
on conventional subdivision type lots; attached dwellings such as
duplexes and townhouses; IIcluster housing", patio homes, atrium
homes, "Oil-lot line homes (with a maximum of one side wall of the
dwelling in common with a side property line), multi-family
apartments, flats and condominiums of similar housing types.
2. Community Facility Uses, as approved by the City (and when
intended to serve the residential development).
3. Agricultural Uses, as approved by the City.
4. Commercial Uses, when a part of a residential development, and as
allowed in conformance with the permitted uses and regulations of
the "C-N Neighborhood Commercial District"; and limited in total
area to not more than (10) acres. Where the number of dwelling
units proposed in the "PUD-R" district indicates a need for a
greater amount of commercial land acreage than herein allowed,
. and the applicant desires greater flexibility or more permissive
commercial uses than those containted in the "C-N" district
regulations, the applicant shall substantiate and document the
need for such additional acreage and/or uses via a market analysis
or other similar method before such additional land acreage or
uses are allowed and approved by the City.
5. Special Exception Uses, as designated for the various residential
and commercial zoning districts in Section l~ may be allowed by
the Commission and 'council by right, within a "PUD-R" district,
without review and approval by the Zoning Board of Adjustment,
including any restrictions imposed thereon. The extent and
locations thereof shall be shown on the site plan and contained
in the supporting documents herein required.
6. Accessory Uses, customarily incidental and secondary to any
allowed principal uses allowed in the respective residential
districts or commercial district, with respect to the type of
residential or non-residential uses proposed in the "PUD-R"
district.
*Section 19 - IIM-L Light Manufacturing and Industrial Oistrictl'.
56
VOV1~ .___ r ACrE
b. IIPUD-C" Planned Unit Development - Commercial (where the majority of
land use is designated for commercial purposes) -
1. Shopping centers, commercial or service centers, office parks,
major recreational and entertainment facilities, and other
similar business and commercial centers or facilities when such
uses are in conformance with the various commercial zoning
district regulations of this ordinance. Residential uses similar
to those set forth in Section 13- IIMedium Density" and Section 1L:!~
"Mu I t i - F am i 1 y" .
2. Community Facility Uses, as approved and allowed by the City.
3. Special Exception Uses, as designated for the various commercial
zoning districts in Section 19~ may be allowed by right by the
Commission and Council within a IIPUD-CII district without review
and approval by the Zoning Board of Adjustment, including any
restrictions imposed thereon. The extent and locations thereof
shall be shown on the site plan and contained in the supporting
documents herein required.
4. Accessory Uses, customarily incidental and secondary to any
allowed principal uses with respect to the type of uses proposed
in the "PUD-CII district.
c. IIpUD-I" Planned Unit Development - Industrial (where the majority of
land use is designated for industrial purposes) -
I. Single or multi-purpose industrial parks of innovative land
utilization allowing for an appreciable amount of land reserved
for open space, generous building setbacks with landscaped front
lawns, and joint usage (where feasible) of parking and storage
areas. The principal uses which may be permitted therein shall
be as allowed and in conformance with the regulations established
for the various commercial and industrial zoning districts else-
where described in this ordinance.
2. Residential Uses, similar to those set forth in Section l3-
"Medium Density" and Section 14 - IIMulti-Familyl'.
3. Community Facility Uses, as allowed and when a part of an in-
dustrial or industrial-commercial development, as approved by the
City; except that public and semi-public schools, churches,
temples, synagogues and other places of worship are discouraged
in this district unless their locations are approved by the City
Planning Commission and City Council due to an overriding need
for such use in an industrial area.
4. Special Exception Uses, as designated for the various industrial
zoning districts in Section 19; may be allowed by right by the
Commission and Council within a "PUD-I" district without review
and approval by the Zoning Board of Adjustment, including any
restrictions imposed thereon. The extent and locations thereof
shall be shown on the site plan and contained in the supporting
documents herein required.
*Section 19 - IIM-L Light Manufacturing and Industrial District".
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5. Accessory Uses, customarily incidental and secondary to any
allowed principal use, with respect to the type of uses proposed
in the "PUD-I" district.
21.5 PROHIBITED USES - Uses not expressly permitted in the various zoning
district regulations of this ordinance are expressly prohibited in any
"PUD" district unless otherwise authorized and approved by the City Plan-
ning and Zoning Commission and City Council in conformance with the pro-
visions of Section 4 ~ IIAppl ication of District Regulations".
2l.6 OPEN SPACE REQUIREMENTS - In Residential Planned Unit Development districts
containing residential uses, conmon open space (whether dedicated to public
use or owned and maintained in conmon by all or part of the occupants of
the PUD development through a property owner association) land shall be
reserved primarily for the leisure and recreational use of the project's
occupants, and readily accessible thereto. The quantity of common open
space required shall comprise not less than (20) percent of the project
area. Said open space may be varied downward by the City Planning and
Zoning Commission and City Council when a lesser amount of such open space
would be more appropriate to the density of development or size of families
or households proposed in the project, plus the availability and nature of
adjacent public open space. For the purpose of this ordinance, common open
space is defined as follows:
a. Common Open Space includes:
l. Land area of the development accessible to and permanently
reserved for the common use and enjoyment of the occupants of the
project for leisure and recreational purposes, for which said
area is not covered by buildings, structures or parking except
that recreational facilities ~nd structures and their accessory
uses and related parking may be located within said common open
space as long as their total impervious surfaces (paving, roofs,
etc.) do not constitute more than (5) percent of the total conmon
open space.
b. Common Open Space does not include:
1. land areas reserved for the exclusive use and benefit of an
individual owner or tenant.
2. Public or private streets, alleys, driveways, parking or loading
areas, except as otherwise allowed in paragraph a.,l. above.
3. Church or school sites.
4. Other buildings, structures or facilities than those allowed in
paragraph a., 1 above.
5. Utility easements, and drainage easements less than (IOO) feet in
width.
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21.7 MAXIMUM RESIDENTIAL DENSITY PERMITTED; AND DENSITY INCREASE BONUSES -
-
a. The maximum residential density permitted in any "PUD-R, C and I"
district, where residential uses are proposed, shall not exceed the
maximum residential density limits as permitted by the existing zoning
classification in which the PUD district is proposed; except as
follows:
l. Upon the receipt of a zoning petition requesting a higher density
within a Planned Unit Development the Planning and Zoning Com-
mission shall study and make a recommendation to the City Council
setting forth a density for the project identified as "gross
residential density." The City Council shall take this recom-
mendation under advisement at its hearing to consider the petition.
For the purpose of this regulation, "gross residential density" shall
mean the sum total of all residential land use area(s) of the project,
including one-half of any abutting streets located within the boundary
of the project.
b. Density Increase Bonuses. In an effort to increase the quality of a
residential planned unit development through the adequate provisions
of open space, community facilities, recreation areas and other
similar amenities and improvements, the City Planning Commission and
City Council may approve residential density increases for the ameni-
ties listed below and in the amounts prescribed therefor.
l. Open space reservation shall be considered for residential
density increases according to the following provisions:
a) Each additional 1% (1 acre minimum) of common open space
(greater than the requirement set forth in Section 21.6 -
"Open Space Requ i rementsll) up to a max imum of 5% of the tota I
project acres, if improved, permits a maximum increase of gross
residential density of 6% of the total number of units allowed
on the remaining balance of the land (after the extra open space
is deducted to be used for residential purposes. If said
additional common open space is unimproved, as defined above,
the increase in gross residential density is reduced to ! of
6% or 3%.
b) Land within a designated lOO-year flood plain area, conveyed
by easement or dedicated to the City as permanent open space
may receive additional density bonuses in the following
amounts:
l) Add (4) percent to the percentages listed in paragraph
(a) above for improved open space; and (3) percent for
unimproved open space where such land is dedicated to
the City.
2) Add (2) percent to the percentages listed in paragraph
(a) above for improved open space; and (I) percent for
unimproved open space where such land is conveyed by
easement to the City.
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2. Dedication of public school or park sites may be considered
cause for density increase when such sites are of sufficient size
and properly located so as to provide a direct benefit to the
community. Up to (20) percent increase in density or floor area
ratio, within the proposed development may be granted by the
Planning and Zoning Commission and City Council where such site
dedications confo'rm in general location and size to the Cityls
latest approved Comprehensive City Plan and School District's
general requirements., All dedications, whether for School or Park
purposes, shall be made in favor of the City.
3. In no case shall bonus increases exceed 50% of the total of all
additional bonus percentages added together for any purposes. All
increases shall be taken on the same initial IIgross residential
density".
The following will be added as further explanation of the bonus
point and density increases.
Every PUD-R must have 20% of the total project acres dedicated to
common open space or developed for the occupants within the sub-
division area. The initial density increases are determined by
dividing the density of units per acre if the area were undeveloped
by the same area with the open space (20%) dedicated.
CLASSIFICATION DENS ITY DENS ITY
UNITS/ACRE PUD-R
AG 0.3 0.38
RE 0.5 0.63
R-40 1. 25 1. 56
R-30 1. 50 1. 88
R-20 2. 1 2.63
R-15 3.0 3.75
R-D 8.0 10.0
R-MF 18.0 22.5
The following examp I es may be helpful in computing available
densities:
EXAMPLE 1
Subdivision Size: 50 acres. Zoning Map Classification: R-40
Extra Open Space: None
Minimum Common Open Space - 50 x 0.2 = 10 Acres
Maximum Density - 1.56 Units/Acre
Bonus Density Increase - None
Maximum Units - (50-10) (1.56) = 62.4 = 62 Units
59 a
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EXAMPLE 2
Subdivision Size: 82 acres. Zoning Map Classification: R-30
Extra Open Space Dedication: 4 acres unimproved Flood Plain.
Minimum Common Open Space - 82 x 0.2 = 16.4
Maximum Density - 1.88 Units/Acre
Maximum Allowable Extra Open Space - 82 x 0.05 = 4.1 Acres
Bonus Density Increase - 4/82 = .04878 = 4.9%
Gross Residential Density - 1.88 x (1 = 0.098) = 2.06 Units/Acre
GRD
Maximum Number of Units - 2.86 x (82-(16.4 + 4.0) =
2.86 x 61.6 = 176.2 = 176 Units
Maximum
EXAMPLE 3
Subdivision Size: 125 acres. Zoning Map Classification: R-20.
Extra Open Space Dedication: None (All open space dedicated
and improved for public park).
Minimum Common Open Space (Park dedicated and improved) -
125 x 0.2 = 25 Acres
Maximum Density - 2.1 Units/Acre
Bonus Density Increase - (Note: Planning and Zoning and the
City Council may give 20% density increase for improved
park.) - 2.1 x (1.0 + .2) = 2.52 Units/Acre GRD.
Maximum Number of Units - 2.52 x (125 - 25) = 252.0 = 252 Units
Maximum
EXAMPLE 4
Subdivision Size: 175 acres. Zoning Map Classification: R-30.
Extra Open Space: 10 Acres Flood Plain (Unimproved), 5 Acres
Common Open Space (Unimproved), and 5 Acres
School Site or Park Site (Unimproved).
Minimum Common Open Space - 175 x 0.2 = 35 Acres Improved
Maximum Density - 1.88 Units/Acre
Bonus Density Increase - (Note: Bonus density increases should
be considered in decreasing order of importance.)
Maximum Extra Open Space Allowable - 175 x 0.05 = 8.75 Acres
Park or School Site Dedication - 5/175 = 0.02857 or 2.87%
(Since site is unimproved, less than the maximum allowable
20% will probably be allowed, assume this is 10%)
2.857 x .03 = .0857 + .10 = .1857
Bonus Increase Points for Park or School Dedication
Balance of Additional Open Space Available For Bonus -
(8.75 - 5) = 3.75 Acres
3.75 / 175 - .02143 or 2.143%
2.143 x .03 = .06429 Bonus Increase Points for
Additional Opne Space
Total Density Increases - .1857 + .0643 = .25 or 25%
Gross Residential Density - 1.88 x (1 + .25) = 2.35 Units/Acre
GRD
Maximum Number of Units - 2.35 x (175 - (35 + 10 + 5 + 5) =
2.35 x 120 = 282
59 b
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NOTE:
1. If developer does not wi sh to ded i cate so much open space and
the property is usable, he may wish to re-compute his allotment
for the maximum number of housing units by reducing the number
of acres dedicated to open space.
2. None of the above examples have been computed with the abutting
street area since each subdivision will have street area unique
to that subdivision. Abutting streets will reduce the number of
housing units allowable.
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2l.8 GUARANTEE OF COMMON OPEN SPACE - Common open space provided in any "PUD"
district shall be guaranteed by a restrictive covenant describing the open
space and its uses, maintenance and improvement running with the land for
the benefit of the occupants, or public, of the PUD development. The
applicant for a PUD may file with said PUD zoning application a draft copy
of the proposed covenants which will produce the aforesaid guarantees and,
in particular, will provide for restricting the use of common spaces for
the designated purposes, for general review and approval by the City
Planning and Zoning Conmission. At the time a "final plat" of the develop-
ment is filed with the City for approval, the final legal documents re-
garding the approved covenants relative to the open space, shall be sub-
mitted to the City for approval.
a. In order to guarantee the preservation and maintenance of the common
open space, one of the following methods shall be required by the City
for Council approval:
l. It may be conveyed to the City or other public agency which will
agree to maintain the common open space and any permitted build-
ings, structures or other improvements placed thereon.
b. If the common open space is not conveyed to the City or other public
agency, the covenants governing the use, improvements, and maintenance
of the common open space may authorize the City or other public agency
to enforce their provisions.
c. Deeded to a property owners association or trustees thereof, the
declaration of covenants and restrictions which is to govern the
association shall include, but not be limited to, the following:
I. Membership must be mandatory for each building or property buyer
and any successive buyer, affected by the common open space.
2. The common open space restrictions must be permanent, and not
just for a period of years.
3. The association shall be totally responsible for liabil ity,
insurance, local taxes (if assessed), and the maintenance of the
common open space and any improvements thereon.
4. Affected property owners shall pay their pro rata share of all
costs associated therewith; any assessment levied by the associa-
tion can become a lien on the property.
60
VOLUME
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..
5. The association must be able to adjust the assessment rate to
meet changing needs.
2l.9 SCREENING AND LANDSCAPE REQUIREMENTS - Requirements and standards for
screen i ng of certa i n res i dent i a land non- res i dent i a 1 uses in any IIPUDI1
district shall be required and in conformance with the provisions of
Section 24.I*of this ordinance. Areas within any "pUD" district not used
for buildings, roadways, drives, parking areas and other similar features
shall be landscaped with grass, shrubs, trees and other appropriate vege-
tative cover, and such shall be maintained in an aesthetic healthy growing
condition.
21. lO ACCESS AND CIRCULATION
a. Vehicular Access. Principal vehicular access points shall be designed
to permit smooth traffic flow with minimum hazards to vehicular or
pedestrian traffic.
b. Emergency Access. Lots or tracts in any "PUD" district which do not
abut a public street or alley shall be provided with an "emergency
access easement" dedicated to the City, of not less than (20) feet in
width. Such easement shall be paved with an all weather driving
surface, and with such turning radii and turnarounds at the terminal
ends so as to permit the free unobstructed movement of emergency or
city equipment to gain access and egress to the lot or tract. No
obstructions or parking shall be permitted within or allowed to
interfere with the full use of such emergency access easement, and
said easement shall be permanently marked or signed to identify its
intended use. The words "Fire Lanell may be used to designate such
easement.
~1.ll MINIMUM LOT SIZE REQUIREMENTS; MINIMUM YARD REQUIREMENTS; MAXIMUM BUILDING
HEIGHT; AND MAXIMUM LOT COVERAGE - The maximum height, lot width, lot
depth, floor-area ratio and lot area, and the minimum off-street parking
and loading requirements for uses proposed shall be established for each
Planned Development District, and such standards and requirements shall
comply with or be more restrictive than the standards established in the
following districts for the specified type uses:
GENERAL USE
CATEGORY
MAXIMUM HEIGHT, LOT WIDTH, LOT DEPTH,
FLOOR-AREA RATIO OR LOT AREA AND MINIMUM
OFF-STREET PARKING AND LOADING STANDARDS
SHALL BE ESTABLISHED BY THE FOLLOWING
DISTRICTS
Residential
Office
Commercial Services
Industrial or Manufacturing
R-MF
C-PO
C-C
M-L
The City Planning Commission and City Council may alter such requirements
when in their opinion the proposed development densities and land use
arrangements shown on the site plan would result in a more innovative
siting of buildings and facilities which would improve the usefulness of
yard areas and their relationship to traffic circulation, admittance of
light and air to buildings, fire protection and usable open space.
*Section 24.] - "Screening and Landscape Requirementsll.
61
VOLT}l~
PAGE
21. l2 OFF-STREET PARKING AND LOADING REQUIREMENTS - Off-street parking and
loading requirements pertaining to uses allowed in this district shall
conform with the provisions of Section 25 - "Off-Street Parking Require-
ments", and Section 26 - "Off-Street Loading Requirements ".
2l. l3 SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED - Any application for a change
in zoning district boundaries on the "Official Zoning Map" to establish any
PUD-R, C, or I district shall be accompanied by a site plan and supporting
documents therefor, in conformance with the provisions of Section 33.3 -
IIPetition for Zoning District Change or Special Use Permit: Site Plan and
Sapportil"g' Documents Required".
2l.l4 NATURE OF AMENDING ORDINANCE APPROVING ANY "PUD" DISTRICT ZONING CHANGE -
In approving any request for a zoning change for a "PUD" district the City
Council shall, upon recommendation of the Planning and Zoning Commission,
incorporate in the amending ordinance reference to the approved site plan,
supporting documents and other conditions or restrictions imposed on the
project by the Commission, including those of the Council.
The approval and adoption of the amending ordinance by the City Council
shall result in the appropriate change to the "Official Zoning Map."
However, the zoning change does not constitute recording of a "Final Plat"
nor authorize the issuance of building permits and "certificates of oc-
cupancy", until such time as a "Final Plat" and supporting legal and
construction documents have been prepared and submitted for Council ap-
proval on all or part of the proposed development, in conformance with the
requirements and procedures of the City's Subdivision Regulations Ordinance.
,l5 REQUIREMENTS FOR "FINAL PLAT" SUBMISSION FOLLOWING ZONING CHANGE -
Within a maximum of (6) consecutive months, following approval of the "PUD11
district zoning change by the City Council, the applicant shall file with
the City Planning and Zoning Commission a "Final Platll and necessary
supporting documents of all or a part of the PUD district site, in con-
formance with the Cityls Subdivision Regulations Ordinance. At its dis-
cretion and for good cause, the Planning and Zoning Commission may extend
for (6) months the period of fit ing for the "Final Plat", upon written
request by the appl icant. Should the appl icant fail to submit a "Final
Plat" within the (6) month period following City Council approval of the
zoning change, or by the termination date of the filing extension granted
by the Planning and Zoning Commission, the Commission may initiate pro-
ceedings under Section 33*to amend the Official Zoning Map by removing all
or part of the Planned Unit Development (PUD) from the Official Zoning Map
and placing the area involved in another appropriate zoning district. The
City Council may uphold the Commission's recommendation and proceed to
advertise and hold a public hearing thereon, or may elect to continue the
PUD district zoning classification in effect.
21 .16 COMPLIANCE WITH DEVELOPMENT SCHEDULE - An application for a Planned Unit
Development District shall be accompanied by a development schedule
indicating the appropriate date on which construction is expected to
begin and the rate of anticipated development to completion. The
development schedule, if adopted and approved by the City Council,
shall become part of the development plan and shall be adhered to by
the owner, developer and his successors in interest.
*Section 33 - "Amendments: Frequency of Petition; and Site Plan Require-
ments: Zoning and Special Use Permitsll.
62
VOLUYE
PAGE
The development schedule shall be revIewed annually by the Building
Inspector, and he shall report to the CIty Planning and ZonIng Com-
mIssIon the actual development accomplIshed in the varIous Planned
Development DistrIcts as compared wIth the development schedule.
The City Planning and Zoning Commission may, if in its opinion the owner
or owners of property are failing or have failed to meet the approved
schedule, initiate proceedings under Section 33*to amend the Official
Zoning Map or the Planned Development District by removing all or part of
the Planned Development District from the Official Zoning Map and placing
the area involved in another appropriate zoning district. Upon the re-
commendation of the City Planning and Zoning Commission and for good cause
shown by the owner and developer, the City Council may also extend the
development schedule or adopt such new development schedule as may be
indicated by the facts and conditions of the case.
21.17 EFFECT OF THIS SECTION AND RELATED SUBSECTIONS ON PREVIOUS APPROVED
IIPUD" ZONING CHANGES - Previously approved IIPUDII amending ordinances to the
City.s preceding zoning ordinance, including accompanying site plans and
supporting documents thereof, shall remain in full force and effect with
respect to this ordinance and shall not be made to comply with the pro-
visions of this ordinance.
''<Section 33 - JIAmendments: Frequency of Petition; and Site Plan
Requirements: Zoning and Special Use Permits'J.
63
VOLUME
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SECTION 22 - SCHEDULE OF PERMITTED PRINCIPAL USES
The following chart indicates, by symbol, the principal uses permitted
within each zoning district and the qualification, if any, for each use.
Schedule Legend
Districts:
AG
RE
R-40
R-30
R-20
R-15
R-D
R-MD
R-MF
MH
C-PO
CN
CC
ML
x
a
s
Agricultural
Single Family IIEstatell Residential
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Two Family Residential
Medium Density Single Family
Multi-Family Residential
Mobile Home
Professional Office Commercial
Neighborhood Commercial
Community Commercial
Light Manufacturing and Industrial
unconditional permitted use
permitted use subject to specific qual ifications noted*
special use; public hearing required
(See Section 33.3 and Definition No. 77)
Section 33.3 - "Petition for Zoning District Change or Special
Use Permit: Site Plan and Supporting Documents Requiredll,
Section 38.2 - "Definitions
No. 77 - Special Use Permit"
;~Section 22.11 - IIQual ification Notes Regarding Subsections 22.1
thru 22.1011 - located at end of charts.
64
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VOLUME____PAGE
-
SECTION 24 - SUPPLEMENTARY DISTRICT REGULATIONS
24.1 SCREENING ELEMENTS AND FENCES - In order to provide maximum safety to
pedestrians and motorists at intersections and at ingress and egress points
from public streets, highways and alleys to private property; to conserve
and protect the value of adjacent land and buildings; to protect aesthetic
views and vistas; to secure hazardous areas from unauthorized entry; to
contain livestock and other agricultural activities; and to screen and
protect permitted outside materials storage areas, the following regu-
lations are prescribed for the location, type and height of regulated
required and non-required screening elements and fences. The terms "screen-
ing element" and Ilfence" as used herein, are defined in Section 38 of this
ordinance.
a. Traffic Visibility at Intersections - On a corner lot in any district,
nothing shall be erected, placed, planted, or allowed to grow in such
a manner as to materially impede vision between a height of (2 l/2)
and (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 (50) feet from the point of the
intersection.
b. Traffic Visibility at Interior Lots - On an interior lot in any district,
nothing shall be erected, placed, planted or allowed to grow in such a
manner as to materially impede vision or in any way create a traffic
hazard to motorists entering or exiting any public highway, street,
alley or private street or driveway from or to adjacent private
property.
c. Residential Districts - General
1)
Screening elements and fences shall be restricted to a maximum
height ~f (6) feet, measured from the adjacent grade line.
2)
Non-residential uses in a residential district shall be suitably
screened from view of any adjacent residential lot or dwelling
use along the side and rear property I ines of such non-resi-
dential use with screening elements and fences of not less than
eight (8) feet in height. Said screening requirements shall not
be mandatory for public schools, parks or churches, except where
active outdoor intensive use area (such as a playground) is adja-
cent to a residential lot or dwelling. Off-street loading areas
of any non-residential use shall be adequately screened from
view of any residential dwelling or lot or of any other adjacent
public or semi-publ ic land use with screening elements and fences
of not less than eight (8) feet in height.
Where a multi-family or mobile home use abuts a one or two family
district, or where a mobile home use abuts a one, two or multi-
family use or district, the side and rear property lines of said
multi-family or mobile home use or district shall be suitably
screened from view of any adjacent dissimilar residential dwell-
ing or lot.
3)
79
VOLUME
PAGE
4) Garbage, refuse and trash collection/storage areas In any multi-
family development, mobile home development, or other non-resi-
dential use permitted in a residential district shall be fully
enclosed by a dense screening element to adequately screen such
area from view of the surrounding area.
5) No screening element or fence shall be erected, placed or planted
beyond the front building line of any permitted building in a
residential district, excluding the "AG" Agricultural and liRE"
Estate Districts, either on a corner lot or interior lot, unless
otherwise allowed by the Zoning Board of Adjustment.
6) No screening element comprised of brick, masonry, concrete, or
solid metal shall be erected or placed which would interfere with
the installation or maintenance of any public utility line, service,
or drainageway, within the easements reserved therefor.
7) Nothing in this ordinance shall restrict the fencing of tennis
courts with traditional fencing material to a maximum height
of twelve (12) feet.
d. Non-Residential Districts - General
I) Where a non-residential use abuts a residential lot, use or
district, the side and rear property lines abutting said resi-
dential lot, use or district shall be suitably screened by the
non-residential use so as to obscure the view from the residential
lot, use or district to the non-residential use to a height not
less than (6) feet.
2) Where a district boundary separating a residential district from
a non-residential district is along a street, and an automobile
parking lot or parking area is located in the front yard of the
non-residential use, then said parking lot or parking area facing
the residential lot, use or district shall be suitably screened
to a height of not less than (3 1/2) feet.
3) Garbage, refuse and trash collection/storage areas shall be fully
enclosed by a suitable screening element of not less than (6)
feet in height.
4) In all districts where open storage is permitted and the screen-
ing thereof is required, then such screening shall be provided
around the exposed perimeter thereof of not less than (6) feet in
height.
5) Off-street loading areas shall be adequately screened from view
of any residential dwelling lot or of any other adjacent resi-
dential land use.
6) No screening element comprised of brick, masonry, concrete or
solid metal shall be erected or placed which would interfere with
the installation or maintenance of any public utility line,
service, or drainageway, within the easements reserved therefor.
80
VOLUME
PAGE
4) Garbage, refuse and trash collection/storage areas in any multi-
family development, mobile home development, or other non-resi-
dential use permitted in a residential district shall be fully
enclosed by a dense screening element to adequately screen such
area from view of the surrounding area.
5) No screening element or fence shall be erected, placed or planted
beyond the front building line of any permitted building in a
residential district, excluding the "AGI1 Agricultural and IIRE"
Estate Districts, either on a corner lot or interior lot, unless
otherwise allowed by the Zoning Board of Adjustment.
6) No screening element comprised of brick, masonry, concrete, or
solid metal shall be erected or placed which would interfere with
the installation or maintenance of any public util ity line, service,
or drainageway, within the easements reserved therefor.
7) Nothing in this ordinance shall restrict the fencing of tennis
courts with traditional fencing material to a maximum height
of twelve (12) feet.
d. Non-Residential Districts - General
1) Where a non-residential use abuts a residential lot, use or
district, the side and rear property lines abutting said resi-
dential lot, use or district shall be suitably screened by the
non-residential use so as to obscure the view from the residential
lot, use or district to the non-residential use to a height not
tess than (6) feet.
2) Where a district boundary separating a residential district from
a non-residential district is along a street, and an automobile
parking lot or parking area is located in the front yard of the
non-residential use, then said parking lot or parking area facing
the residential lot, use or district shall be suitably screened
to a height of not less than (3 l/2) feet.
3) Garbage, refuse and trash collection/storage areas shall be fully
enclosed by a suitable screening element of not less than (6)
feet in he i ght.
4) In all districts where open storage is permitted and the screen-
ing thereof is required, then such screening shall be provided
around the exposed perimeter thereof of not less than (6) feet in
height.
5) Off-street loading areas shall be adequately screened from view
of any residential dwelling lot or of any other adjacent resi-
dent i a 1 I and use.
6) No screening element comprised of brick, masonry, concrete or
solid metal shall be erected or placed which would interfere with
the installation or maintenance of any public utility line,
service, or drainageway, within the easements reserved therefor.
80
VOLUME_
PAGE_
-
e. Barbed Wire Fences -
I) Barbed wire fences used in conjunction with permitted agricultural,
livestock, and related activities, or in industrial districts are
permitted without restrictions, but are expressly prohibited in
all other districts except as provided below.
2) Barbed wire strands may be placed on top of permitted fences and
screening elements in any district for the purpose of security
from theft, entry and hazard such as around public utility sub-
stations and uses of a similar nature, provided the top strand is
not higher than (B) feet nor the bottom strand lower than (6)
feet from the adjacent grade line.
f. Electric Fences - Electric fences and fence charging devices
(Underwriters Laboratory UL approved) shall be plainly marked at
appropriate intervals as to the nature thereof.
24.2 ACCESSORY BUILDINGS - The following regulations shall govern the location,
size and use of any accessory buildings:
a. No accessory building shall be erected in any required yard area
except as set forth by this ordinance.
b. No accessory building shall be erected within (lO) feet of any other
building, except: detached residential garages may be located within
(5) feet of the main dwelling; and the provisions of paragraph e.,
below, are met.
c. No detached residential garage or carport shall be erected or placed
closer to any street or alley right-of-way line than the minimum yard
requirements (building set-back line) governing the district in which
such garage or carport is located.
d. No detached residential garage or carport shall be erected or placed
within (5) feet of any side lot line.
e. Residential storage buildings and sheds housing domestic lawn and
garden equipment and all other household effects may be detached or
attached to the main building but shall not encroach in any required
front, side, or rear yard as stipulated in Section 23- "Schedule of
Dtstrict Regulations".
f. No accessory building shall be used for dwell ing purposes other than
by domestic servants employed on the premises, as stipulated in
Section 6..5, d. - "Permitted Accessory Usesll.
g. Residential greenhouses for domestic use shall conform with the
requirements of paragraph e. of this subsection.
81
~~~ i~--
1~u~----
h. Detached residential garages in residential districts shall be
restricted in gross building floor area (per lot or use) in
compliance with the following table.
District
Maximum Permissible Sq. Ft.
AG
RE
R-40
R-30
R-20
R-l5
R-D
R-MF
MH
1000
1000
900
800
600
600
600 per dwelling unit
600 per dwelling unit
600 per mobile home unit
24.3 TEMPORARY BUILDINGS - Temporary buildings accessory to new construction
provided such are razed within thirty (30) days after substantial com-
pletion of such new construction to which they are accessory or, failing
completion of new construction, within sixty (60) days after start of such
temporary construction.
24.4 ERECTION OF MORE THAN ONE PRINCIPAL BUILDING ON A LOT - In any district,
no more than one building housing a permitted or permissible principal
use may be erected on a single lot.
24.5 BUILDINGS CONSTRUCTED ACROSS LOT LINES - No building may be constructed
across existing platted lot lines unless a replatis filed and approved in
accordance with applicable regulations of the City.
24.6 EXCEPTIONS TO HEIGHT REGULATIONS
a. Schools, public buildings and institutions may be erected to a height
not exceeding (85) feet in any district in which they are permitted,
provided front and rear yards are increased in depth and side yards
increased in width one foot for each foot of height that the building
exceeds the height regulations of the district in which it is located.
b. The height regulations prescribed elsewhere in this ordinance shall
not apply (except as may be applicable to paragraph d. hereof) to
grain elevators, television and radio towers, church spires, belfries,
cupolas, antennas, water tanks, ventilators, chimneys, fire towers,
stage towers, scenery lofts, cooling towers, ornamental towers, monu-
ments, conveyors, fuel storage tanks, asphalt and concrete mix batch
plant equipment, flag poles, or other appurtenances usually required
to be placed above the roof level and not intended for human occupancy.
82
VOLUllE
PAGE
c. Limitations on number of stories shall not apply to buildings used
exclusively for manufacturing or storage purposes provided such
buildings do not exceed the height in feet permitted in the district
in which they are located.
d. The permitted height of any occupied building shall be further re-
stricted to the capability of the local fire fighting equipment to
adequately handle any such building height.
24.7 PROJECTIONS OF BUILDINGS, STRUCTURES AND APPURTENANCES INTO REQUIRED
YARDS -
a. Open or lattice enclosed fire escapes may project into a required yard
not to exceed (5) feet. The ordinary projections of chimneys and
pilasters shall be permitted by the City's Building Official when
placed so as not to obstruct light and ventilation.
b. Terraces, balconies, decks, uncovered porches and ornamental features
above the floor level of the ground (first) story may project into
a required side yard, provided these projections be at least (5)
feet from any adjacent side lot line.
c. An uncovered porch in the front yard may not be more than (80) square
feet or project into the front yard setback for a distance of more than
(B) feet.
d. A porte-cochere, carport or canopy may project into a required side
yard, provided every part of such porte-cochere, carport or canopy is
unenclosed except for necessary structural supports, and not less than
(5) feet from any side lot line.
e. Every part of a required yard shall be open to the sky, unobstructed
by a building, except for the ordinary projections of sills, belt
courses, cornices, and ornamental features not exceeding(12) inches,
or as otherwise excepted in paragraph a. through d. above. Roof eaves
may project into required side yards provided the projections be at
J~st (5) feet fr_ol!l.,any adjacent side lot line.
f. Gasoline filling station pumps and pump islands may be located or
project into a required yard provided they are not less than (25) feet
distant from any street, highway or alley right-of-way line, and not
less than (50) feet distant from any residential property line.
24.B MINIMUM WIDTH OF ENCLOSED OR PARTIALLY ENCLOSED OPEN SPACE - Where an open
space is more than (50) percent surrounded by a building, the minimum width
of the open space shall be at least (20) feet for one-story and one and a
half-story buildings, (30) feet for two-story buildings, and (40) feet for
three or more story buildings.
83
24.9 BUILDINGS AND STRUCTURES TO HAVE ACCESS - Every building or structure
hereafter erected or moved shall be on a lot adjacent to a public street,
or with access to an approved 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.
24.10 PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT AND VEHICLES -
No major recreational equipment shall be parked or stored on any lot in a
residential district except in a carport or enclosed building, or in a
required side or rear yard; provided however that such equipment may be
parked anywhere on residential premises not to exceed (24) hours during
loading or unloading. No such equipment shall be used for living, sleeping,
or housekeeping purposes when parked or stored on a residential lot, except
for the temporary housing of guests not to exceed (2) consecutive weeks.
For purposes of these regulations, major recreational equipment is defined
as including boats and boat trailers, travel trailers, pick-up campers or
coaches (designed to be mounted on automotive vehicles), motorized dwell-
ings, tent trailers, and the like, and cases or boxes used for transporting
recreational equipment, whether occupied by such equipment or not.
24.ll PARKING AND STORAGE OF VEHICLES: GENERAL-
a. One commercial vehicle of not more than one ton capacity, except pick-
up trucks, when used in the employ by the site occupant of a dwelling
may be permitted on a residentially zoned lot, provided said parking
space shall be in an enclosed garage, carport, or on an all weather
hard surface driveway, or in a side or rear yard on an all weather
surfaced driveway. Nothing in this ordinance shall prohibit the
occasional overnight storage or parking of a commercial vehicle on
residential property.
b. Off-street vehicle parking spaces may not be located within the re-
quired front yard of any commercial or industrial district, however
such off-street parking spaces shall be on an all weather hard surface
drive or parking area.
c. To avoid the unsightly appearance of junked and abandoned vehicles in
residential districts, no vehicles may be parked or stored on a
residential premise where visible to any adjacent residential use,
unless a current state vehicle inspection sticker is displayed thereon.
24.12 FRONT YARD ADJUSTMENTS - Front yard requirements as established in
Section 23. "Schedule of District Regulations" may be adjusted in the
following cases:
a. Where (40) percent or more of the frontage on the same side of a
street between two intersecting streets is presently developed or may
hereafter be developed with buildings that have (with a variation of
ten feet or less), a front yard greater or lesser in depth than herein
required, new buildings shall not be erected closer to the street than
the average front yard so established by the existing buildings.
84
VOLmLE
PAGE
b. Where (40) percent or more of the frontage on one side of a street
between two intersecting streets is presently developed or may here-
after be developed with buildings that do not have a front yard as
described above, then:
l. Where a building is to be erected on a parcel of land that is
within 100 feet of existing buildings on both sides, the minimum
front yard shall be a line drawn between the two closest front
corners of the adjacent building on each side, or
2. Where a building is to be erected on a parcel of land that is
within lOa feet of an existing building on one side only, such
building may be erected as close to the street as the existing
adjacent buildings.
c. Interior lots abutting on two streets shall provide the required front
yard on both streets.
d. On corner lots, a front yard shall be provided on each street frontage
except for lots of record as described in Section 5 - "Non-conforming".
e. Front yard requirements in all districts adjacent to an existing or
proposed major thoroughfare or secondary thoroughfare street, as
designated in the Cityls latest Comprehensive Plan, shall be measured
from such existing or proposed major thoroughfare or secondary thor-
oughfare street right-of-way line. '
24.13 SIDE YARD ADJUSTMENTS - Side yard requirements as established in
Section 23, "Schedule of District Regulations" may be adjusted in the
following cases:
a. Commercial buildings used in part for dwelling purposes, where per-
mitted, shall provide side yards not less than (S) feet in width
unless every dwelling unit therein opens directly upon a front yard,
rear yard or court yard.
b. Whenever a lot of record at the time of the effective date of this
ordinance has a width of less than (50) feet, the side yard on each
side of a building may be reduced to a width of not less than (lO)
percent of the width of the lot, but in no instance shall such width
be less than (4) feet.
c. On corner lots of record the yard adjacent to the side street shall
not be less than (15) feet.
24.14 REAR YARD ADJUSTMENTS - Rear yard requirements as established in Section
23 "Schedule of District Regulations" may be adjusted in the following
case:
a. Where a lot abuts an alley, one-half the alley width may be considered
as part of the required rear yard.
85
VOLUME
,AaE
2~.15 OT A
.;- ,F-,tJ %;) FAMILY ADJUSTMENTS - Lot area per family (dwelling unit)
,eq~ r~-,:,~-;. as established in Section 23, "Schedule of District Regu-
atlon~l ~,.,l1 be adjusted in the following cases:
-i,
Wh~,~ a lot of record or a lot in a subdivision which the Planning and
Zo"",g Commission and City Council have officially approved and agreed
to ~ccopt at the time of the effective date of this ordinance has less
~rco or width than herein required, in the district in which it is
ocotod, said lot may nonetheless be used for a residential or non-
,resfdontral use, whichever applicable, in the district in which it is
Ocatod.
86
VCLtl1.~
PAGE
.---
SECTION 25 - OFF-STREET PARKING REQUIREMENTS
25.l PURPOSE AND INTENT - The purpose and intent of these regulations are to
secure safety from fire, panic and other dangers; to lessen congestion in
the streets and alleys; to facilitate the adequate provision of trans-
portation and circulation; to conserve the value of building and land uses;
and to encourage the most appropriate use of land. To this end, in all
zoned districts, there shall be provided at the time any use is established
or expanded, or any building is erected or structurally altered (except as
otherwise provided elsewhere in this section) minimum off-street parking in
conformance with the requirements established herein.
25.2 LOCATION OF PARKING SPACES - All parking spaces required herein shall be
located on the same lot with the building or use served, except that where
an increase in the number of spaces is required by a change or enlargement
of use or where such spaces are provided collectively or used jointly by
two or more buildings or establishments, the required spaces may be located
and maintained not to exceed 300 feet from an institutional or other non-
residential building served.
a. Up to SO percent of the parking spaces required for theatres, public
auditoriums, bowling alleys, dance halls, night clubs or cafes, and up
to 100 percent of the parking spaces required for a church or school
auditorium, may be provided and used jointly by banks, offices,
retail stores, repair shops, service establishments and similar uses
not normally open, used or operated during the same hours; provided,
however, that written agreement thereto is properly executed and filed
as specified below.
b. In any case where the required parking spaces are not located on the
same lot with the building or use served, or where such spaces are
collectively or jointly provided and used, a written agreement assuring
their retention for such purposes, shall be properly drawn and ex-
ecuted by the parties concerned, approved as to form and execution by
the City Attorney, and shall be filed with the application for a
building permit.
c. No required off-street parking space shall be located within any
public highway, street or alley right-of-way.
d. No head-in parking from a street will be permitted.
25.3 COMPUTATION OF PARKING SPACE SIZES AND PARKING AREAS - In computing the
minimum size and area of parking spaces and parking areas the following
rules shall govern:
a. Parking Space Size: No parking space shall be less than 9 feet in
width by 18 feet in length. ~arking space sizes of lO feet by 20 feet
are, however, encouraged where parking turnover rates would be higher
than for normal long term low turnover parking lots and areas.
b.
Parking Area Size: The minimum amount of parking area (excluding "in
garage" space but including parking space, drives and turnarounds)
required per car space for uses permitted in this ordinance shall be
computed as follows:
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1) Residential Uses: 300 square feet per space:
2) Non-Residential Uses: 400 square feet per space
2S.4 TYPE OF PARKING SURFACE REQUIRED - All surface areas upon which vehicles
are parked or stored shall be of a dust free hard surface material.
2S.5 RULES FOR THE COMPUTATION OF THE NUMBER OF PARKING SPACES - In computing
the number of parking spaces required, the following rules shall govern:
a. "Floor Area" shall mean the gross floor area of the specific use.
b. Where fractional spaces result, the parking spaces required shall be
construed to be the nearest whole number.
c. The parking space requirement for a use not specifically mentioned
herein shall be the same as required for a use of similar nature as
determined by the City Planning and Zoning Commission.
d. Whenever a building or use constructed or established after the
effective date of this ordinance is changed or enlarged in floor area,
number of employees, number of dwelling units, seating capacity or
otherwise, to create a need for an increase of lO percent or more in
the number of existing parking spaces, such spaces shall be provided
on the basis of the new total. Whenever a building or use existing
prior to the effective date of this ordinance is enlarged to the
extent of SO percent or more in floor area or in the area used, said
building or use shall then and thereafter comply with the parking
requirements set forth herein.
e. In the case of mixed or joint uses, the parking spaces required shall
equal the sum of the requirements of the various uses computed sep-
arately.
25.6 NUMBER OF OFF-STREET PARKING SPACES REQUIRED - The absolute minimum number
of off-street parking spaces required for residential and non-residential
uses shall be in conformance with the following:
a. Residential Uses:
1.
Single Family Detached Dwellin~s: 2 spaces per dwelling unit
Exclusive of "In- Garage" Parking.
Single Family Patio Home, Cluster Home, etc.: 2 spaces per d.u.
2.
3. Duplex Dwelling (over-under or semi-detached): 2 spaces per d.u.
(total of 4 spaces required).
4. Mobile Home: 2 spaces per dwell ing unit.
S. Multi-Family Dwelling (Apartments, Condominiums, Apartment
Hotels, etc.); 2 spaces per d.u. plus one space for each
five units.
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6. Fraternity or Sorority House: space per each bed.
7. Boarding House or Rooming House: 1 space per each bed or
individual sleeping room.
8. Nursing, Rest or Convalescent Home, Home for the Aged, Senior
Citizens Apartment Dwelling, or other similar dwelling or in-
stitution: 1 space per each 3 beds or 1 space per individual
sleeping unit, whichever is greater.
b. Non-Residential Uses:
1. Schools.
a) Elementary: I space for each classroom or teaching station,
plus 1 additional space for each 4 seats in any auditorium,
gymnasium, or other place of assembly, whichever is greater.
b) Junior High/Middle School: Same requirements as for ele-
mentary schools.
c) High School: 1 space for each classroom or teaching sta-
tion, plus I additional space for each 3 students accom-
modated in the school.
d) College or University: Same requirements as for high
schools.
e) Day Care Centers or Kindergarten: I space per each 5
pupils accommodated, plus sufficient space to accommodate
off-street circulation for pick-up and delivery of children
by auto.
2. Churches and Places of Worship. I space for each 3 seats in the
main sanctuary or auditorium.
3. Other Institutions and Special Uses.
a)
Hospital, General Acute Care:
space per each bed.
b)
Hospital, Chronic Care:
space per each 3 beds.
c) Institution for Alcoholic, Narcotic or Psychiatric Patients:
1 space for each 2 employees or attendants.
d)
Health or Welfare Center:
of floor area.
space per each 200 square feet
e)
Foster Home:
space per each IO pupils or residents.
f) Institutions of a Philanthropic Nature: 10 spaces plus
space for each employee.
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4. Community Facilites.
a) Art Gallery or Museum: I space per each 1,000 square feet
of floor area.
b) Library: 2 space per each 300 square feet of floor area.
c) Community Center (public or private): I space per each 100
square feet of floor area.
d) Meeting Rooms and Places of Public Assembly: 1 space per
each 3 seats.
e) Lodge or Fraternal Organization: I space per each 200
square feet of floor area.
5. Personal Service and Retail Uses.
a) Personal Service Shop or Establishment: I space per each
200 square feet of floor area.
b) Mortuary/Funeral Home: I space per each SO square feet of
floor area in "slumber rooms", parlors, and individual
service rooms, or I space per each 2 seats accommodated in
a chapel area, whichever is greater.
c) Furniture Stores and Appliance Stores: I space per each 400
square feet of floor area.
d) Gasoline Service Stations: Minimum of 6 spaces.
e) Retail Stores or Shops: space per each 200 square feet of
floor area.
f) Open (outdoor) Retail Sales: 1 space per each 600 square
feet of open site area utilized, exclusive of buildings.
6. Office, Professional or Financial Uses.
a) Banks, Savings and Loan or other similar financial estab-
lishments: 1 space per each 300 square feet of floor area.
b) Doctorls Offices and Medical Clinics: I space per each l50
square feet of floor area.
c) Veterinarian Offices or Clinics: 1 space per each 300
square feet of floor area.
d)
Offices, General:
area.
space per each 300 square feet of floor
e) Dance, Music, Display or Drama Studios: I space per each
200 square feet of floor area.
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f) Business, Trade or Craft School: I space per each 3 students
in attendance at peak time of day.
7. Transient Lodging Uses.
a) Hotel, Motel, Tourist Court or Dude Ranch: 1 space per each
room, unit or guest accommodation plus specific requirements
for restaura~ts, cocktail lounges, and related facilities
prescribed elsewhere in this section.
b) Seasonal Camp or Cabin: 1 space per each sleeping unit or
cabin.
8. Eating and Drinking Establishments.
a) Restaurant, Cafeteria or Cafe: 1 space per each 3 seats
under maximum seating arrangement, or 1 space per each lOa
square feet of floor area, whichever is greater.
b) Drive-In Eating and Drinking Establishments: 12 spaces plus
1 space per each SO square feet of floor area.
c) Cocktail Lounges, Taverns and Similar Establishments:
space per each 100 square feet of floor area.
9. Social, Recreation and Entertainment Uses.
a) Commercial Amusement Establishments: 1 space per each lOO
square feet of floor area.
b) Bowling Alley: 6 spaces per each bowling lane.
c) Private Club or Night Club: 1 space per each 100 square
feet of floor area.
d) Theatre: I space per each 3 seats.
e) Country Club: I space per each 100 square feet of floor
area, exclusive of locker rooms and bathhouses.
f) Recreation Club or Area, Private: I space per each lOO
square feet of floor area.
g) Golf Course: 5 spaces per each green.
h)
Dance Hall or Ballroom:
floor area.
space per each 100 square feet of
i) Sports Arena, Stadium or Gymnasium: 1 space per each 3
seats or bench seating spaces.
10. Wholesale, Warehousing, Enclosed Storage, Manufacturing, Processing
and Repairing Uses.
a) Wholesale, Warehousing and Enclosed Storage: 1 space per
each 2 employees, or 1 space per each 1,000 square feet of
floor area, whichever is greater.
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b) Manufacturing, Processing or Repairing: I space per each 2
employees, or 1 space per each 1,000 square feet of floor
area, whichever is greater.
c) Building Materials/Lumber Yard: 1 space per each 1,000
square feet of site area.
d) Storage Yards for Sand, Gravel or Petroleum Products:
space per each 2,000 square feet of site area.
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SECTION 26 - OFF-STREET LOADING REQUIREMENTS
26. 1 PURPOSE AND INTENT - The purpose and intent of these regulations are to
secure safety from fire, panic and other dangers; to lessen congestion in
the streets and alleys; to facilitate the adequate provision of trans-
portation and circulation; to conserve the value of building and land uses;
and to encourage the most appropriate use of land. To this end, in all
zoned districts where applicable, there shall be provided at the time any
use is established or expanded, or any building is erected or structurally
altered (except as otherwise provided elsewhere in this section) minimum
off-street loading in conformance with the requirements established herein.
26.2 LOCATION OF LOADING SPACES - Off-street loading spaces shall be provided
and maintained for all retail, commercial and industrial uses and struc-
tures for receiving and loading merchandise, supplies, and materials
within a building or on the lot or tract adjacent thereto. Such s~aces may
be adjacent to a public alley or private service drive or may consist of a
truck berth within a building or structure, however no portion of the off-
street loading space shall be located within or extend into any public
street, highway or alley right-of-way.
26.3 COMPUTATION OF OFF-STREET LOADING SPACE SIZES - At least one-half of the
required number of off-street loading spaces or truck berths shall have a
minimum dimension of 10 feet by 50 feet each and the remaining required
spaces or berths shall have a minimum dimension of IO feet by 25 feet
each - exclusive of turnaround and maneuvering space.
26.4 TYPE OF PARKING SURFACE REQUIRED FOR LOADING SPACES - All surface areas
upon which vehicles and trucks are parked during unloadjng and loading
operations shall be of a dust free hard surface material.
26.5 RULES FOR THE COMPUTATION OF OFF-STREET LOADING SPACES
a. No building, structure or part thereof used for non-residential
purposes in any "C-N" or "C-C" district shall hereafter be enlarged or
extended unless off-street loading space is provided in accordance
with the provisions of this section.
b. No building, structure or part thereof used for non-residential
purposes in any "M-L" district shall hereafter be enlarged or extended
to provide a gross floor area of 25,000 square feet or more unless
off-street parking is provided in accordance with the provisions of
this section.
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'-..
26.6 NUMBER OF OFF-STREET LOADING SPACES REQUIRED - The minimum number of off-
street loading spaces required shall be in conformance with the following
schedules:
a. Retail, Service (except personal service), Commercial and Industrial
Uses.
Sq. Ft. of Floor Area
in Building or Structure
Minimum Number of Off-Street
Loading Spaces or Berths Required
o to 9,999
lO,OOO to 49,999
SO,OOO to 99,999
lOO,OOO to 199,999
Each additional 100,000
None
I
2
3
1 additional
b. Office Buildings, Hotels/Motels, Restaurants and Similar Establishments
Sq. Ft. of Floor Area
in Building or Structure
Minimum Number of Off-Street
Loading Spaces or Berths Required
o to 49,999
50,000 to 149,999
ISO,OOO to 299,999
300,000 to 499,999
500,000 to 999,999
Each additional SOO,OOO
None
I
2
3
4
1 additional
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SECTION 27 - DUTIES OF ADMINISTRATIVE OFFICIAL
27.1 ADMINISTRATION AND ENFORCEMENT - An administrative official designated by
the City Manager shall administer and enforce this ordinance. Said person
may be provided with the assistanceof such other persons as the City Manager
may direct.
If the administrative official finds that any of the provIsions of this
ordinance are being violated, he shall notify in writing the person responsible
for such violations, indicating the nature of the violation and ordering
the action necessary to correct it. He shall order discontinuance of
illegal use of land, buildings, or structures; removal of illegal buildings
or structures or of illegal additions, alterations, or structural changes;
discontinuance of any illegal work being done; or shall take any other
action authorized by this ordinance to ensure compliance withor~o prevent
violation of its provisons.
"
27.2 BUILDING PERMITS REQUIRED - No building or other structure shall be erec-
ted, moved, added to, or structurally altered without a permit therefor
where applicable, and issued by the administrative official. No building
permit shall be issued by the administrative official except in conformity
with the provisions of this ordinance, unless he receives a written order
from the Zoning Board of Adjustment in the form of an administrative review,
special exception, or variance as provided by this ordinance. No building
permit shall be Issued unless the property has been platted of record. NQ
permtt in contravention 'of-this ordinance without an appropriate Zoning
Board of Adjustment order shall be deemed permission to violate this
ordinance.
27.3 APPLICATION FOR BUILDING PERMIT - All applications for building permits
shall be accompanied by plans in triplicate drawn to scale, showing the
actual dimensions and shape of the lot to be built upon; the exact-sizes
and locations on the lot of buildings already existing, if any; and the
location and dimensions of the proposed building or alteration. The
application shall include such other information as lawfully may be re-
quired by the administrative official, including existing or proposed
building or alteration; existing or proposed uses of the building and land;
the number of families, housekeeping units, or rental units the building is
designed to accommodate; conditions existing on the lot; and such other
matters as may be necessary to determine conformance with, and provide for
the enforcement of, this and other city ordinances.
One copy of the plans shall be returned to the applicant by the adminis-
trative official, after he shall have marked such copy either as approved
or disapproved and attested to same by his signature on such copy. The
original and one copy of the plans, similarly marked, shall be retained by
the administrative official.
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27.4 EXPIRATION OF BUILDING PERMIT - If the work described in any building
permit has not begun within (6) calendar months from the date of issuance
thereof, said permit shall expire; it shall be cancelled by the adminis-
trative official; and written notice thereof shall be given to the persons
affected, together with notice that further work as described in the
cancelled permi! shall not proceed unless and until a new building permit
has been obtained. Further, the Administrative Official shall make an
inspection of the work each (6) months, and if the work has not pro-
gressed, said permit shall expire.
27.5 CERTIFICATE OF OCCUPANY REQUIRED: FOR NEW, ALTERED, CHANGES IN USE, OR
NON-CONFORMING USES - It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted, or wholly or partly altered
or enlarged in its use or structure until a certificate of occupancy shall
have been issued therefor by the administrative official stating that the
proposed use of the principal building or land conforms to the requirements
of this ordinance.
a. No non-conforming building or use shall be maintained, renewed,
changed, or extended until a certificate of occupancy shall have been
issued by the administrative official. The certificate of occupancy
shall state specifically wherein the non-conforming use differs from
the provisions of this ordinance, provided that upon enactment or
amendment of this ordinance, owners or occupants of non-conforming
uses or buildings shall have three months to apply for certificates of
occupancy. Failure to make such application within three months shall
be presumptive evidence that the property was in conforming use at the
time of enactment or amendment of this ordinance.
b. No permit for erection, alteration, moving or structural repair of any
building shall be Issued until an application has been made for a
certificate of occupancy, and the certificate shall be issued in
conformity with the provisions of this ordinance upon completion of
the work.
c. A temporary certificate of occupancy may be issued by the adminis-
trative official for a period not exceeding six months during alter-
ations or partial occupancy of a building pending Its completion,
provided that said temporary certificate may include such conditions
and safeguards as will protect the safety of the occupants and the
pub 1 i c.
d. The administrative official shall maintain a public record of all
certificates of occupancy.
e. Failure to obtain a certificate of occupancy shall be a violation of
~his ordinance and punishable under Section 36 of this ordinance.
(Section 36 -HPenqlties for Violation"},
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27.6 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS
AND CERTIFICATES OF OCCUPANCY - Building permits or certificates of occu-
pancy issued on the basis of plans and applications approved by the ad-
ministrative official authorize only the use, arrangement, and construction
set forth in such approved plans and applications, and no other use,
arrangement, or construction. Use, arrangement, or construction at vari-
ance with that authorized shall be deemed violation of this ordinance, and
punishable as provided by Section 36 hereof.
(Section 36 - II Penalties for Violationll).
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SECTION 28 - ZONING BOARD OF ADJUSTMENT: ESTABLISHMENT AND PROCEDURES
28.1 ESTABLISHMENT - A Zoning Board of Adjustment is hereby established, which
shall consist of (5) members and (2) alternates, each to be appointed for
a two (2) year alternate term by the City Council. All vacancies occurring
on the Zoning Board of Adjustment shall be filled by appointment by the City
Council. Each year after a new term begins members shall elect a Chairman
and Vice-Chairman; a new term beginning at the first meeting in October.
Members of the Zoning Board of Adjustment may be removed from office by the
City Council for cause upon written charges and after a public hearing.
Vacancies shall be filled by resolution of the City Council for the unexpired
term of the member affected. The City Council shall appoint the (2) alternate
Board members to serve in the absence of regular members.
28.2 PROCEEDINGS - The Zoning Board of Adjustments shall adopt rules necessary
to the conduct of its affairs and in keeping with the provisions of this
ordinance. Meetings shall be held at the call of the Chairman and at such
other times as the Board may determine. The Chairman, or in his absence the
Acting Chairman, may administer oaths and compel the attendance of witnesses.
All meetings shall be open to the publ ic.
Said Board shall keep minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to vote indicating such
fact, and shall keep records of its examinations and other official actions,
all of which shall be publ ic record and be immediately filed in the office
of the City and maintained by the person acting as City Secretary.
28.3 HEARINGS; APPEALS; NOTICE - Appeals to the Zoning Board of Adjustment
concerning interpretation or administration of this ordinance may be taken
by any person aggrieved or by any officer, agency, department or commission
of the governing body of the City affected by any decision of the Adminis-
trative Official. Such appeals shall be taken within a reasonable time, not
to exceed (15) days or such lesser period as may be provided by the rules of
the Board, by filing with the Administrative Official on behalf of the Zoning
Board of Adjustment a notice of appeal specifying the grounds thereof. The
Administrative Official shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed from was taken.
The Board shall fix a reasonable time for the hearing of appeal, give public
notice thereof as well as written notice to the parties in interest, and
decide the same within a reasonable time. At the hearing, any party may
appear in person or by agent or attorney.
28.4 STAY OF PROCEEDINGS - An appeal stays all proceedings in furtherance of the
action appealed from, unless the Administrative Official from whom the appeal
is taken certifies to the Zoning Board of Adjustment after the notice
of appea lis f i I ed wi th him that, by reason of facts stated in the
certificate, a stay would, in his opinion, cause imminent peril to life
and property. In such case, proceedings shall not be stayed other than by
a court of record on application, on notice to the Administrative Official
from whom the appeal is taken and on due cause shown.
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SECTION 29
- ZONING BOARD OF ADJUSTMENT: POWERS AND DUTIES
29.1 JURISDICTION OF BOARD OF ADJUSTMENT
When in its judgment the public convenience and welfare will be substani-
ally served, the Board of Adjustment may issue appropriate orders to the
Administrative Official to guard against future error; and to promulgate
appropriate procedure in addition to that under which the Administrative
Official already operates. When the appropriate use of the neighboring
property will not be substantially or permanently injured, the Board of
Adjustment may in specific cases, after public notice and publ ic hearing,
~ubject to appropriate conditions and safeguards and in accordance with
Article 1011g, REVISED VERNON IS CIVIL STATUTES OF TEXA~) authorize the
following variances and special exceptions to the regulations herein
established and take action relative to the continuance or discontinuance
of a non-conforming use. Thus, the Board has jurisdiction to;
a. Hear and decide appeals where it is alleged there is error on
any order, requ i rement, decis i on or determinat ion made by the
Administrative Official in the enforcement of this ordinance.
b. Interpret the intent of the Zoning District Map where uncertainty
exists because the physical features,on the ground vary from those
on the Zoning District Map and none of the rules set forth in
Section 3 - IIRules for Interpretation of Distri.ct Boundaries" apply.
c. Approve the use of a lot or lots in a residential district con-
tiguous to (even if separated by a street or alley) an apartment,
office, retail, commercial or industrial district for off-street
parking of passenger vehicles subject to such standards and safe-
guards as are appropriate for the protection of adjacent residential
uses.
d. Initiate on its motion or cause presented by interested property
owners an action to bring about the discontinuance of a non-conforming
use in accordance with Section 29. Ie - "Zoning Board of Adjustment:
Powers and Duties".
e. Require the discontinuance of a nonconforming use under any plan whereby
full value of the structure can be amortized within a definite period
of time, taking into consideration the general character of the
neighborhood and the necessity for all property to conform to the
regulations of this ordinance.
f. Permit the change of occupancy of a nonconforming use to another non-
conforming use in accordance with the provis'ions of Section 5-"NonConformingll.
g. Permit the enlargement of a nonconforming use in accordance with the
provisions of Section 5 - IINon-Conforming".
h. Permit the reconstruction of a nonconforming structure or building on
the lot or tract occupied by such building, provided such reconstruct-
ion does not, in the judgment of the Board, prevent the return of
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such property to a conforming use or increase the nonconformity of
a nonconforming structure and provided that such actions conform to
the provisions of Section 5 - "Non-Conforming".
i. Require the vacation and demolition of a nonconforming structure which
is deemed to be obsolete, dilapidated or substandard.
j. Vary the provisions and conditions required for the development of off-
street parking facilities when such variations are found to be in the
interest of the area and necessary to secure reasonable parking use
of a specific parcel of land.
k. Permit such variance of the front yard, side yard, rear yard~ 16t
width, lot depth, coverage, minimum sidewalk or setback standards, off-
street parking or off-street loading or visibility obstruction regulations
where the literal enforcement of the provisions of this ordinance would
result in an unnecessary hardship, and where such variance is necessary
to permit a specific parcel of land which differs from other parcels of
land in the same district by being of such restricted area, shape or
slope that it cannot be developed in a manner commensurate with the
development permitted upon other parcels of land in the same district.
A modification of the standards established by this ordinance shall
not be granted to relieve a self-created or personal hardship, nor
for financial reason only, nor shall such modification be granted to
permit any person a privilege in developing a parcel of land not per-
mitted by this ordinance to other parcels of land in the district.
1. Permit such variances of fence heights when in the opinion of the
Board such fence will not adversely affect neighboring property.
~J.2 SPECIAL EXCEPTIONS: CONDITIONS GOVERNING APPLICATIONS: PROCEDURES-
A special exception shall not be granted by the Board of Adjustment unless
and until:
a. A written application for a special exception is submitted indicating
the section of this ordinance under which the special exception is
sought and stating the grounds on which it is required;
b. Notice shall be given at least (15) days in advance of public
hearing. The owner of the property for which special exception
is sought or his agent shall be notified by registered mail.
Notice of such hearings shall be posted at the City Hall; and
one time in the official publication of the City, stating the
time, place and nature of such hearing, at least (15) days prior
to the public hearing. All property owners within 200 feet of
the property shall be notified by mail not less than (15) days
prior to the date of the public hearing.
c. The public hearing shall be held. Any party may appear in person,
or by agent or attorney.
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-
d. The Zoning Board of Adjustment shall make a finding that is is em-
powered under the section of this ordinance described in the appl ication
to grant the special exception, and that the granting of the special
exception will not adversely affect the public interest.
e. In granting a Special Exception, the Zoning Board of Adjustment may
also prescribe a time limit for which the special exception may con-
tinue. Failure to comply with this requirement stipulated by the
Board shall void the special exception permit issued.
f. Violation of any reasonable provisions, conditions and safeguards that
are made a part of the terms under which the special exception permit is
granted shall be deemed in violation of this ordinance and punishable
under Section 36 - "penalties, For, Violation" of this ordinance.
29.3 VARIANCES: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES - To authorize
upon appeal in specific cases such variance from the terms of this ordi-
nance as will not be contrary to the public interest where, owing to
special conditions, a I iteral enforcement of the provisions of this ordi-
nance would result in unnecessary hardship. A variance from the terms of
this ordinance shall not be granted by the Zoning Board of Adjustment
unless and until: .
a. A written application for a variance is submitt~~~~monstrating:
I) That special conditions and circumstances exist which are pecu-
liar to the land, structure, or building involved and which are
not applicable to other lands, structures, or buildings in the
same district;
2) That literal interpretation of the provisions of this ordinance
would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of this ordi-
nance;
3) That the special conditions and circumstances do not result from
the actions of the applicant; -----
4) That granting the variance requested will not confer on the
applicant any special privilege that is denied by this ordinance
to other lands, structures, or buildings in the same district;
5) No non-conforming use of neighboring lands, structures, or
buildings in the same district, and no permitted or non-conform-
ing use of lands, structures, or buildings in other districts
shall be considered grounds for the issuance of a variance.
b. Notice shall be given at least(lS) days in advance of public hearing.
The owner of the property for which requested variance is sought or
his agent shall be notified by registered mail. Notice of such hear-
ings shall be posted at the City Hall; and one time in the official
publication of the City, stating the time, place and nature of such
hearing, at least (15) days prior to the public hearing. All property
owners within 200 feet of the property shall be notified by mail not
less than (15) days prior to the date of the public hearing.
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c. The public hearing shall be held. Any party may appear in person, or
by agent or by attorney;
d. The Zoning Board of Adjustment shall make findings that the require-
ments of subsection 29.3,~. have been met by the applicant for a
variance; Subsection 29.3 - IIVariances: Conditions Governing
Appl ication: Proceduresll.
e. The Board shall further make a finding that the reasons set forth in
the application justify the granting of the variance, and that the
variance is the minimum variance that will make possible the reason-
able use of the land, building, or structure;
f. The Zoning Board of Adjustment shall further make a finding that the
granting of the variance will be in harmony with the general purpose
and i~tent of this ordinance, and will not be injurious to the neigh-
borhood, or otherwise detrimental to the public welfare.
In granting any variance, the Zoning Board of Adjustment may prescribe
appropriate conditions and safeguards in conformity with this ordinance.
Violation of such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a violation of this
ordinance and punishable under Section 36- "Penalti'es For Violationll.
Under no circumstances shall the Board grant a variance to allow a use not
otherwise permissible under this section in the district involved, or
any use expressly or by implication prohibited by the terms of this ordi-
nance in said district.
29.4 DECISION OF ZONING BOARD OF ADJUSTMENT - In exercising the above mentioned
powers, the Zoning Board of Adjustment may, so long as such action is in
conformity with the terms of this ordinance, reverse or affirm wholly or
partly, or may modify the order, requirement, decision, or determination
appealed from and may make such order, requirements, decision, or deter-
mination as ought to be made, and to that end shall have the powers of the
administrative official from whom the appeal is taken.
The concurring vote of four members of the Board shall be necessary to
reverse any order, requirement, decision, or determination of the admin-
istrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under this ordinance, or to effect any
variation in the appl ication of this ordinance.
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SECTION 30 - VACANT - RESERVED FOR FUTURE EXPANSION
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SECTION 31 - APPEAL PROCEDURES
31.1 Any person or persons, or any board, taxpayer, department, commission or
agency of the City aggrieved by any decision of the Zoning Board of
Adjustment may seek review by a court of record of such decision, and
under the time limit specified with Article 1011g(j), V.A.C.S. If no
appeal has been taken from the Zoning Board of Adjustment rul ing within
the time limit specified under the above mentioned Article, the Board's
ru ling sha II be f i na I .
31.2 It is the intent of this ordinance that all questions of interpretation
and enforcement shall be first presented to the Administrative Official,
and that such questions shall be presented to the Zoning Board of Adjust-
ment only on appeal from the decision of the Administrative Official, and
that recourse from the decisions of the Zoning Board of Adjustment shall
be to the courts as provided by law.
31.3 It is further the intent of this ordinance that the duties of the City
Council in connection with this section shall not include hearing and
deciding questions of interpretation and enforcement that may arise.
Under this ordinance the City Council shall have only the duties of
considering and adopting or rejecting proposed amendments, or the repe~J'
, of this ordinance, as pro\lided by law.'_
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SECTION 33
AMENDMENTS: FREQUENCY OF PETITION:
AND SITE PLAN REQUIREMENTS: ZONING AND SPECIAL USE PERMITS
33.1 PROCEDURES AND REQUIREMENTS - The regulations and restrictions imposed and
the districts and boundaries created by this ordinance may be amended from
time to time by the City Council, but no such amendments shall be made
without public hearing before the Council and after a public hearing and
report has been made upon the amendment by the City Planning and Zoning
Commission. At least (15) days' notice of the time and place and nature
of such hearing shall be published in a publication having general circu-
lation in the City of Colleyville.
Written notices of all such Public Hearings shall be sent to all owners
of real property lying within two hundred (200) feet of the property on
which the change and classification is proposed, such notices to be given,
not less than ten (10) days before the day set for hearin~ as listed on
the last approved City tax roll. Such notice may be served by depositing
letters properly addressed and postage paid in the City Post Office.
The applicant will be sent notice by registered mail.
Futhermore, the Administrative Official is directed to cause a sign to be
placed upon the property clearly visible to passersby which states that
the property is the subject of a rezoning application, (or words of like
intent). The sign shall be posted at least 15 days prior to the hearing
and shall remain posted until the hearing. Failure to perform this parti-
cular notice provision shall, however, in no way prevent the Planning and
Zoning Commission from hearing the application and disposing of the issues
involved on the hearing date.
In case the City Planning and Zoning Commission does not approve the change,
or in case of a protest against such change signed by the owners of (20)
percent or more either of the area of the lot's i nc 1 uded in such proposed
change, or of those immediately adjacent in the rear thereof extending the
depth of one lot or not to exceed (200) feet therefrom, or of those directly
opposite thereto, extending the depth of one lot or not to exceed (200)
feet from the street frontage of such opposite lots, filed with the City
Secretary of the City, such amendment shall not be passed except by the
favorable vote of three-fourths of all the members of the City Council.
33.2 PETITION FOR ZONING DISTRICT CHANGE: LAND PLAN AND SUPPORTING DOCUMENTS
REQUIRED - Every petition for a zoning district change shall be accompanied
by a prel iminary land plan and supporting documents of the area petitioned
for a zone change. The purpose of the land plan is to illustrate the logical
division of the land and to show relationships of uses to the adjacent
property. In general the petitioners shall submit a drawing and supporting
documents as follows:
a. Sca I e - 111 = 100 I
b. Zoning and use of adjacent property
c. Key plan - showing location of the land within the community
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d. Physical features - The location of existing streets, water courses,
railroads, etc., on and adjacent to the subject property
e. lOa-year flood plain I imits within the subject property
f. Proposed subdivision of the subject property into lots and blocks with
general dimensions of each newly proposed parcel
g. Proposed deed restrictions, if any
h. Legal description of the total site area proposed for rezoning,
development or special use permit - (metes and bounds).
33.3 PETITION FOR ZONING DISTRICT CHANGE OR SPECIAL USE PERMIT: SITE PLAN AND
SUPPORTING DOCUMENTS REQUIRED - Every petition for a zoning district change
to R-D, R-MF, MH, (-PO. CN, C-C&M-L arid all Special Use Permit requests shall
additionally be accompanied by a site plan and supporting documents of the
area petitioned for a zone change. The purpose of the site plan is to
illustrate the logical arrangement of the elements on the land and to show
relationships of elements to each other.
The petitioner is encouraged to meet with the appropriate Commission, Council
or Board in an informal work session to ascertain the exact extent of plans
and documents required, if any, prior to the City initiating the advertise-
ment for publ ic hearing on the petition.
The general type and extent of site plans and supporting documents which
may be required of the petitioner include, but are not necessarily I imited to:
a. Site Plan, meeting all of the requirements of a "Preliminary Platll as
described in the City's Subdivision Regulations, except that topographic
and drainage map information provisions may be waived by the reviewing
body when the inclusion of such data would not materially contribute
to the necessary evaluation of the project pet'tion. Additional site
plan drawing information which the reviewing body may ,equire include:
1) Existing and proposed zoning district classifications and boundaries;
2) General outline of extensive tree cover areas;
3) Drainage ways, and 100-year flood plain limits;
4) Proposed treatment for screening the perimeter of the land
embraced by the petition, including screening of internal
separations of land use where required;
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5) Proposed internal non-vehicular circulation I inkages, such as:
pedestrian paths and hike trails; bike trails; and equestrian
bridle paths, where applicable, including their interrelation-
ships with vehicular circulation systems and proposed handling
of points of conflict;
6) A graphic illustration showing the location of proposed buildings,
driveways and all physical elements and a tabular summary schedule
indicating:
a)
The gross acreage and percent of each type of zoning
category proposed;
b)
The gross acreage and percent of each type of land ~
proposed, with streets and open space categories listed
separately, and residential uses further stratified as to
type, i.e., single family, two-family, multi-family, town-
house, etc., including the total gross project acreage;
c)
The gross residential density of each ~ of residential
land use proposed, expressed in dwelling units per acre; and
based-on net residential land use plus one-half of any
abutting street, only;
d)
The quantitative number of dwelling units proposed for each
residential dwelling type, i.e., single family, two-family,
etc.;
e)
Proposed maximum lot coverage by building types (i.e., one-
family, multi-family, commercial, office, industrial, etc.)
expressed ~ terms of percent or floor area ratio of the
lot or site.
b. Architectural Drawings, such as elevations, concept sketches or
renderings depicting building types and other significant proposed
improvements including the treatment and use of open spaces, etc.,
where the submission of such drawings would more clearly portray the
nature and character of the applicantls land use and development
proposa Is.
c. Written Documents, in narrative form on 8 1/2" x II" sheets, includ-
ing:
I) Statement(s) on planning objectives to be achieved in the land
use/development proposal, including a narrative description of
the character of the proposed development and rationale behind
the assumptions and choices made by the applicant, including use
and ownership of open spaces, etc.
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2) Legal description of the total site area proposed for rezoning,
development or special use permit.
3) A development schedule, if any, indicating the approximate date(s)
when construction of the proposed development, and subsequent
stages or phases can be expected to begin and be completed, to
the best of the applicantls knowledge and belief.
4) A statement as to the present and proposed ownership of the site
or parcels thereof embraced by the application.
5) Statement(s) as to how and when the applicant proposes to provide
water and sewer to the development.
6) Signature(s) and tltle(s)of the applicant(s) and preparer(s)
of the written documents certifying the information presented
in a II of the plans and support i ng documents ref I ect a reason-
ably accurate protrayal of the general nature, character and
feasibility of the appl icant's proposals. All signatures will
be dated.
4 PETITION FOR AMENDMENT OR SPECIAL USE PERMIT, AND FREQUENCY THEREOF - A
property owner, lessee, developer or option holder may petition the City
Council for an amendment to the text or district map of this ordinance
or for a Special Use Permit, provided that before any action shall be
taken as provided In the section, the party or parties petitioning for
amendment shall deposit with the City Secretary the fee amount stipu-
lated by resolution of the City Council to cover the approximate cost
of this procedure, and under no condition shall said sum or any part
thereof be refunded for failure of such proposed amendment to be enacted
into law. A party shall not initiate action for a zoning amendment or
Special Use Permit affecting the same land more often than once every
(12) months.
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SECTION 34 - PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS
34. I
In their interpretation and application, the prOVISions of this ordinance
shall be construed to be the minimum requirements for the promotion of the
public health, safety, convenience, comfort, morals and general welfare.
It is not intended by this ordinance to interfere with or abrogate or annul
any other resolution or rules, regulations or permits, previously adopted
or issued or which shall be adopted or issued, not in conflict with any of
the provisions of this ordinance; nor is it intended by this ordinance to
interfere with or abrogate or annul any easements, covenants or other
agreements between parties; provided, however, that where this ordinance
imposes a greater restriction upon the use of buildings or premises or upon
the height of buildings, or requires a larger open space or larger lot area
than that imposed or required by such other resolutions, easements, covenants,
or agreements, the provisions of this ordinance shall control.
SECTION 35 - COMPLAINTS REGARDING VIOLATIONS
35. I Whenever a violation of this ordinance occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint stating
fully the causes and basis thereof shall be filed with the administrative
official. He shall record properly such complaint, immediately investi-
gate, and take action thereon as provided by this ordinance.
SECTION 36 - PENALTIES FOR VIOLATION
J6. 1 Violation of the prOVISions of this ordinance or failure to comply with any
of its requirements shall constitute a misdemeanor. Any person who violates
this ordinance or fails to comply with any of its requirements shall, upon
conviction thereof, be fined not less than Ten ($10.00) Dollars nor more
than Two Hundred ($200.00) Dollars. Each day such violation continues
shall be considered a separate offense.
36.2 The owner or tenant of any building, structure, premises, or part thereof,
and any architect, builder, contractor, engineer, planner, agent, or other
person who commits, participates in, assists in, or maintains such vio-
lation may each be found guilty of a separate offense and suffer the
penalties herein provided.
36.3 Nothing herein contained shall prevent the City from taking such other
lawful action as is necessary to prevent or remedy any violation.
SECTION 37 - SEPARABILITY CLAUSE
37.l Should any section or provision of this ordinance be declared by the
courts to be unconstitutional or invalid, such decision shall not affect
the validity of the ordinance as a whole, or any part thereof, other than
the part so declared to be unconstitutional or invalid.
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SECTION 38 - DEFINITIONS: GENERAL
38.1 INTERPRETATION OF CERTAIN WORDS AND PHRASES - For the purposes of this
ordinance, certain terms or words used herein shall be interpreted as
follows:
a. The word person includes a firm. association, organization, partnership,
trust, company, or corporation as well as an individual.
b. The present tense includes the future tense, the singular number
includes the plural, and the plural number includes the singular.
c. The word shall is mandatory, the word may is permissive.
d. The word used or occupied includes the words intended, designed, or
arranged to be used or occupied.
e. The word lot includes the words ~, parcel or tract of land.
38.2 DEFINITIONS - For the purposes of this ordinance, the following definitions
shall apply:
I) ACCESSORY BUILDING OR USE - A subordinate building having a use
customarily incident to and located on the same lot occupied by the
main building; or a use customarily incident to the main or principal
use of the property. A building housing an accessory use is con-
sidered an integral part of the main building when it has any part of
a wall in common with the main building, or is under an extension of
the main roof and designed as an integral part of the main building.
2) ALLEY - A public minor way which is used primarily for secondary
vehicular service access to the back or side of properties otherwise
abutting on a street or highway.
3) APARTMENT - A room or suite of rooms in an apartment house arranged,
designed or occupied as a dwelling unit residence by a single family,
individual, or group of individuals living together as a single house-
keep i ng un it. '
4) APARTMENT HOTEL - Any building larger than an apartment house designed
or built to be occupied as a seri~s of separate apartments and by
persons living independently of each other.
5) APARTMENT HOUSE - Any building, or portion thereof, which is designed,
built, rented, leased, let or hired out to be occupied as three or
more apartments or dwelling units or which is occupied as the home or
residence of three or more families living independently of each other
and maintaining separate cooking facilities.
6) AUTOMOBILE SALES AREA - An open area or lot used for the display or
sale of automobiles, where no repair work is done except minor recon-
ditioning of the cars to be displayed and sold on the premises, and no
dismantling of cars or sale or keeping of used car parts or junk on
the premises.
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7) BASEMENT - A building story which is partly underground but having at
least one-half of its height above the average level of the adjoining'
ground. A basement shall be counted as a story in computing building
, he i ght .
8) BLOCK - An area enclosed by streets and occupied by or intended for
buildings; or if said word is used as a term of measurement, it shall
mean the distance along a side of a street between the nearest two
streets which intersect said street on the said side. In cases where
platting is incomplete or disconnected the zoning administrative
official shall determine the outline of the block.
9) BOARD - The Zoning Board of Adjustment.
IO) BOARDING HOUSE - A building other than a hotel, where lodging and
meals for five or more persons are served for compensation.
II) BREEZEWAY - A covered passage one story in height and six (6) feet or
more in width connecting a main structure and an accessory building.
A breezeway shall be considered an accessory building.
12) BU1LDING - Any structure built for the support, shelter and enclosure
of persons, animals, chattels or movable property of any kind. When
subdivided in a manner sufficient to prevent the spread of fire each
portion so subdivided may be deemed a separate building.
l3) BUILDING LINE - A line parallel or approximately parallel to the
street line at a specific distance therefrom marking the minimum
distance from the street line that a building may be erected.
14) BUSINESS - Includes local retail, commercial, industrial, and manu-
facturing uses and districts as herein defined.
IS) CELLAR - A building story with more than one-half its height below the
average level of the adjoining ground. A cellar shall not be counted
as a story in computing building height.
16) CERTIFICATE OF OCCUPANCY (OR PERMIT) - An official certificate issued
by the City through the administrative official which indicates
conformance with or approved conditional waiver from the Building or
Zoning Regulations and authorizes legal use and occupancy of the
premises for which it is issued.
l7) CITY COUNCIL (COUNCIL) - The governing body of the City of Colleyville,
Texas.
18) 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.
19) COMMUNITY CENTER - A building dedicated to social or recreational
activities, serving the city or a neighborhood and owned and operated
by the city, or by a non-profit organization dedicated to promoting
the health, safety, morals or general welfare of the city.
1 1 3
20)
21)
22)
23)
24)
25)
26)
27)
\TOLUME--1'AGE
--...:-
CONVALESCENT HOME - Any structure used for or occupied by persons
recovering from illness or suffering from the infirmities of old age.
COURT - An open, unoccupied space, bounded on (3) or more sides by the
walls of a building. An inner court is a court entirely surrounded by
the exterior walls of a building. An outer court is a court having
one side open to a street, alley, yard or other permanent space.
DAY NURSERY - A place where children are left for care a part of the
twenty-four (24) hours of the day.
DISTRICT (ZONING) - A section of the City of Colleyville for which the
regulations governing the area, height, or use of the land and build-
ings are uniform.
DWELLING, ONE-FAMILY (SINGLE FAMILY) - A detached building arranged,
intended, or designed for occupancy by one family.
DWELLING, TWO-FAMILY (DUPLEX) - A detached or semi-detached building
arranged, intended, or designed for occupancy by two families.
DWELLING, MOBILE HOME - A detached residential dwelling unit designed
for transportation, after fabrication, on streets or ~ighways on its
own wheels, or on flatbed or other trailers, and arriving at the site
where it is to be occupied as a dwelling complete and ready for
occupancy, except for minor and incidental unpacking and assembly
operations, located on jacks or other temporary or permanent foun-
dations, connections to utilities, and the like. A travel trailer is
not to be considered as a mobile home.
DWELLING, MULTI-FAMILY - A building or portion thereof arranged,
intended or designated for occupancy by three or more families,
including, but not limited to, apartment houses, townhouses, row
houses, tenements, apartment hotels, flats, condominiums, fraternity
and sorority houses and other group quarters.
28)
DWELLING UNIT - A building or portion of a building which is arranged,
occupied, or intended to be occupied as living quarters for one
family and including facilities for food preparation and sleeping.
29)
EFFICIENCY APARTMENT - An apartment having a combination living and
bedroom, (no separate bedroom).
30)
FAMILY - One or more persons who are related by blood or marriage,
living together and occupying a single housekeeping unit with single
kitchen facilities, or a group of not more than (5) persons (excluding
servants) living together by joint agreement and occupying a single
housekeeping unit with single kitchen facilities, on a non-profit
cost-sharing basis. .
31)
FENCE - An open or solid enclosure designed to contain or prevent
intrusion. An open fence is one in which the vertical surface thereof
is not less than (70) percent open. A solid fence is one in which the
vertical surface thereof is not greater than (30) percent open, and
may be cons i dered as a screen i ng element. (See a 1 so "Screen i ng
Element").
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32) FLOOR AREA - The total (gross) square feet of floor space within the
outside dimensions of a building Including each floor level, but ex-
cluding cellars, attics, carports or garages that are not designed for
residential or business occupancy.
33) FLOOR AREA RATIO (FAR) - An indicated ratio between the number of
square feet of total floor area in the main building(s) on a lot and
the total square footage of land In the lot; It is the number result-
ing from dividing the main building floor area by the lot area.
34) GARAGE, PRIVATE (RESIDENTIAL) - An enclosed (2) car accessory building
for storage only of motor vehicles, boats, travel trailers, and house-
hold goods owned and used by the owners or tenants of the premises.
35) GARAGE, PUBLIC - A building or portion thereof designed or used for
the storage, sale, hiring, care or repair of motor vehicles, which is
operated for commercial purposes.
36) GARAGE, STORAGE (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 faci 1 i-
ties for washing.
37) GRADE:
a. For buildings having walls adjoining one street only, it is the
elevation of the sidewalk at the center of the wall adjoining the
street;
b. For buildings having walls adjoining more than one street, it is
the average of the elevation of the sidewalk at the center of all
walls adjoining the street;
c. For buildings having no wall adjoining the street, it is the
average level of the finished surface of the ground adjacent to
the exterior wall of the building.
Any wall approximately parallel to and not more than (5) feet from a
street line is to be considered as adjoining the street. Where no
sidewalk has been constructed, the Building Inspector shall establish
such sidewalk level or its equivalent for the purpose of these regu-
lations.
38) HEIGHT OF BUILDINGS - The vertical distance of a building measured
from the average established grade at the street line or from the
average natural front yard g'round level, whichever is higher, to: I)
the highest point of the roofls surface if a flat surface, 2) to the
deck line of mansard roofs, or; 3) to the mean height level between
eaves and ridge for hip and gable roofs and, in any event, excluding
chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water
towers, radio towers, ornamental cupolas, domes or spires, and parapet
walls not exceeding (10) feet In height. If the street grade has not
been officially establ iShed, the average front yard grade shall be
used for a base level.
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39) HEIGHT OF YARD OR COURT - The vertical distance from the lowest level
of such yard or court to the highest point of any boundary wall.
40) HOME HOBBY SHOP - An accessory use housed in a dwelling or in an
accessory building In which the residents of the premises engage in
recreational activities, none of which shall disturb the neighbors on
either side or in the rear thereof and from which no revenue may be
derived, and in which no goods may be publicly displayed, offered for
sale or advertised for sale, nor may any sign be used in connection
therewith.
41) HOME OCCUPATION (USE) - An occupation conducted wholly within a
residential dwelling unit or accessory building thereto, provided
that:
a. No person other than members of the family residing on the
premises shall be engaged in such occupation;
b. The use of the dwelling unit or accessory building for the home
occupation shall be clearly incidental and subordinate to its use
for residential purposes by its occupants, and not more than (25)
percent of the floor area of the dwelling unit shall be used in
the conduct of the home occupation;
c. There shall be no change in the outside appearance of the build-
ing or premises, or other visible evidence of the conduct of such
home occupation other than one sign, not exceeding one square
foot in area, non-illuminated, and mounted flat against the wall
of the principal building.
d. No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neigh-
borhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street on a driveway or
other hard surface all weather area;
e. No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses of any adjacent or
nearby site occupant. In the case of electrical interference, no
equipment or process shall be used which creates visual or
audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises.
. '
f. Home occupation uses and activities shall be limited to the
following: seamstress; accounting; bookkeeping and tax services;
notary public; insurance and real estate; cosmetics and household
sundries; private educational, music and dance tutoring; arts,
crafts and home hobby shops; garage, yard and patio sales of
short temporary duration; mail order brokerage; and other similar
activities-----but excluding medical and law offices, beauty
shops, pet grooming services, kennels and other such activities.
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42) 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, used 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
automobile or airplane tires, and other manufactured goods that are so
worn, deteriorated or obsolete as to make them unusable in their
existing condition; subject to being dismantled for junk.
43) KENNEL - Any lot or premises on which four (4) or more dogs, cats or
other domestic animals at least four (4) months of age are housed or
accepted for boarding, trimming, grooming and/or bathing for which
remuneration is received.
44) KINDERGARTEN - A school for little children of pre-public school age
in which constructive endeavors, object lessons and helpful games are
prominent features of the curriculum.
45) LEGAL NONCONFORMING USE, BUILDING OR YARD - A use, building or yard
existing legally at the time of the passage of this ordinance which
does not by reason of design, use, or dimensions conform to the
regulations of the district in which it is situated. A use, building
or yard established after the passage of this ordinance which does not
conform to regulations of the district in which it is situated shall
be considered an illegal nonconforming use.
46) LIVING UNIT - Same as Dwelling Unit.
47) LOADING SPACE, OFF-STREET - Space logically and conveniently located
for bulk pickups and deliveries, scaled to delivery vehicles expected
to be used, and accessible to such vehicles when required off-street
parking spaces are filled. Required off-street loading space is not
to be included as off-street parking space in computation of required
off-street parking space.
48) LOT - For purposes of this ordinance, a lot is a parcel of land of at
least sufficient size to meet minimum zoning requirements for use,
coverage, and area, and to provide such yards and other open spaces as
are herein required. Such lot shall have frontage on an improved
public street, or on an approved private street, and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record, of complete lots of
record and portions of lots of record, or of portions of lots of
record;
d. A parcel of land described by metes and bounds; provided that in
no case of division or combination shall any residual lot or
parcel be created which does not meet the requirements of this
ordinance.
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49) LOT COVERAGE - The percentage of the total area of a lot occupied by
the base (first story or floor) of buildings located on the lot.
50) LOT FRONTAGE - The front of a lot shall be construed to be that
portion nearest the street. For the purposes of determining yard
requirements on corner lots and through lots, all sides of a lot
adjacent to streets shall be considered frontage, and yards shall be
provided as indicated under "Yards" in Section 22 - IISchedule of Uses".
5l) LOT LINES - The property lines bounding a lot as defined herein.
52) LOT LINE, FRONT - The boundary between a lot and the street on which
it fronts.
53) LOT LINE, REAR - The boundary line which is opposite and most distant
from the front street line; except that in the case of uncertainty the
Building Inspector shall determine the rear line.
54) LOT LINE, SIDE - Any lot boundary line not a front or rear line
thereof. A side line may be a party lot line, a line bordering on an
alley or place or side street line.
55) LOT MEASUREMENTS
a. Area of the lot shall be the net area of the lot, expressed in
square feet or acreage, and shall not include portions of any
public street or alley.
b. Depth of a lot shall be considered to be the distance between the
midpoints 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 (the mean horizontal distance between the front
and rear lot line).
c. Width of a lot shall be considered to be the distance between
straight lines connecting front and rear lot lines at each side
of the lot, measured across the rear of the required front yard,
provided however the width between side lot lines at their
foremost points (where they intersect with the street line) shall
not be less than (80) percent of the required lot width. In .
the case of lots on the turning circle of cul-de-sac the width
may be less than (80) percent of the required lot width.
56) 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 description of which has been so recorded prior to the
adoption of this ordinance.
57) LOT TYPES:
a. Corner Lot - A lot abutting upon two or more streets at their
intersection. A corner lot shall be deemed to front on that
street on which it has its least dimension, unless otherwise
specified by the Building Inspector.
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b. Interior Lot - A lot other than a corner lot with only one
street frontage and whose side lot lines do not abut upon any
street.
c.
Through Lot - A lot other than a corner
than one street. Through lots abutting
referred to as IIdouble frontagell lots.
a front yard on each street.
lot with frontage on more
two streets may be
Such lot(s) shall provide
58) MAIN (PRINCIPAL) BUILDING - The building or buildings on a lot which
are occupied by the primary use.
59) MOBILE HOME - See "Dwelling, Mobile Home.1I
60) MOBILE HOME PARK OR SUBDIVISION - A parcel of land not less than (6)
acres in size upon which two or more mobile homes are placed or
located for purposes of occupancy.
61) NONCONFORMING - A building, structure or use of land lawfully occupied
at the time of the effective date of this ordinance, or subsequent
amendments thereto, which does not conform to the use regulations of
the district in which it is situated.
62) OCCUPANCY - The use or intended use of the land or buildings by
proprietors or tenants.
63) OPEN SPACE - Area included in any side, rear or front yard or any
unoccupied space on the lot that is open and unobstructed to the sky
except for the ordinary projections of cornices, eaves or porches.
64) PARKING SPACE, OFF-STREET - For the purposes of this ordinance, an
off-street parking space shall consist of a space adequate for parking
an automobile with room for opening doors on both sides, together with
properly related access to a public street or alley and maneuvering
room. Required off-street parking areas for three or more automobiles
shall have individual spaces marked, and shall be so designed, main-
tained, and regulated that no parking or maneuvering incidental to
parking shall be within any public street, or alley,right-of-way, and
so that any automobile may be parked and unparked without moving
another.
For purposes of rough computation, an off-street parking space and
necessary access arid maneuvering room shall be estimated at (300)
square feet for residential uses and (400) square feet for non-resi-
dential uses, but off-street parking requirements will be considered
to be met only when actual spaces meeting the requirements in this
ordinance are provided, maintained and improved in a manner appropriate
to the circumstances of the case, and in accordance with all ordinances
and regulations of the city. All required off-street parking spaces
shall be provided and maintained wholly within private property lines
and not within any public highway, street or alley right-of-way.
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65) PLANNING AND ZONING COMMISSION (COMMISSION)- The agency appointed by
the City Council as an advisory body to it, and which Is authorized to
recommend changes In the zoning after holding public hearing
thereon.
66) PLAT - A plan of a subdivision of land creating building lots or
tracts and showing all essential dimensions and other information
essential to comply with the subdivision standards of the City and
subject to approval by the Planning and Zoning Commission. Reference
to a "final platll in this ordinance means an official plat of record
which has been approved by the Planning and Zoning Commission and
filed in the plat records of Tarrant County.
67) PREMISES Land together with any buildings or structures occupying
all or any portion of the land.
68) PRIVATE DRIVE (STREET OR PLACE) - An open, unoccupied space, other
than a street or alley, permanently established or reserved or dedi-
cated in private ownership as the principal means of vehicular access
to property abutting thereon.
69) RESIDENCE - Same as a dwelling; also when used with the word District, .
an area of residential regulations.
70) ROOM - a building or portion of a building which is arranged, occupied
or intended to be occupied as living or sleeping quarters but not
including toilet or cooking facilities.
71) ROOMING HOUSE - A building other than a hotel where lodging for three
but not more than (l2) persons is provided for definite periods for
compensation pursuant to previous arrangement.
72) SCREENING ELEMENT (DEVICE) - Screening element (device) or suitably
screened as herein referred, shall mean any of the following:
a. Any solid material constructed of brick, masonry, or of a con-
crete or metal frame, or wood, or base which supports a perma-
nent type material, the vertical surface of which is not more
than (30) percent open; or
b. Any dense evergreen hedge or plant material suitable for pro-
viding a visual barrier, for which such material shall be main-
tained in a healthy growing condition.
c. Landscaped earth berms may, when appropriate in scale, be con-
sidered and used as a screening element in lieu of a fence, wall,
hedge or other dense planting material.
73) SERVANTS QUARTERS - An accessory building located on the same
lot or grounds with the main building and used as living quarters
for family members or servants employed on the premises and not
rented or otherwi se used .as a separate dom i c i Ie.
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74) SETBACK, BUILDING - The minimum horizontal distance between the front
wall of any projection of the building, excluding steps and unenclosed
or uncovered porch and the street I ine. (Same as I'Bui lding Line").
75) SIGN - Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located, provided
however that the following shall not be included in the application of
the regulations herein:
76)
78)
a. Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers, names of occupants of prem-
ises, or other identification of premises not having commercial
connota t ion s;
b. Flags and insignia of any government except when displayed in
connection with commercial promotion;
c. Legal notices; identification, informational, or directional
signs erected or required by governmental bodies;
d. Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts, or moving lights;
e. Governmental and school candidate signs in residential and
agricultural districts, advertising the political election
thereof, provided such signs shall be removed no later than (15)
days following the date such advertising is no longer necessary
by virtue of election results.
SPECIAL EXCEPTION - A special exception is a use that would not be
generally appropriate or without restriction throughout the zoning
district but which, if controlled as to number, area, location,
intensity or relation to the neighborhood, would or could be com-
patible therein and promote the public health, safety, welfare,
morals, order, comfort, convenience, appearance, prosperity or general
welfare. Such uses may be permitted in such zoning district as
special exceptions by the Zoning Board of Adjustment, after public
hearing thereon.
77)
SPECIAL USE PERMIT - A permit authorized by the City Council for the
use of land or structure. A site plan as set forth in Section 33.3 -
"Petition for Zoning District Change or Special Use Permit: Site Plan
and Support i ng Documents Requ i red" and a pub Ii c hear i ng as set forth
in Section 33.1 - "Procedure and Requirements" is required. The uses
requiring a Special Use Permit are identified in Section 22 - ..Schedule
of Permitted Principal Uses" and have been determined to require special
consideration by the public body. The City Council may establ ish a time
I imit for any use requiring a Special Use Permit. All Special Use Permits
shall be subject to the conditions and standards specified in each amend-
ing ordinance as enacted by the City Council and found in the files of
the City Secretary.
STORY - That part of a building included between the surface of one
floor and the surface of the floor next above, or if there be no floor
above, that part of the building which is above the surface of the
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highest floor therof. A top story attic is a half story when the
main line of the eaves is not above the middle of the Interior height
of such story. The first story is above the middle of the Interior
height of such story. The first story is the highest story having Its
Interior floor surface not more than four feet above the curb level,
established or mean street grade or average ground level.
79) STREET - A public way between two right-of-way lines (other than an
alley or private drive) which has been dedicated or deeded to the
publ ic for public use and affords a principal means of access (vehicu-
lar or otherw.lse) to property abutting thereon, as well as for util 1-
ties and sidewalks.
80) STREET LINE - The right-of-way line of a street.
8l) STRUCTURE - Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground. Among other things, structures include buildings and mobile
homes, (See "Bu i 1 d i ngll and II Owe II i ng, Mob i 1 e Homell)
82) STRUCTURAL ALTERATIONS - Any change in the supporting members of a
building, such as bearing walls, columns, beams or girders, or any
substantial changes in the roofs or exterior walls, excepting such
repair or replacement as may be required for the safety of the build-
ing, but not including openings in bearing walls as permitted by the
City Building Code.
83) THOROUGHFARE: MAJOR; SECONDARY - As defined in the City's latest
approved Subdivision Control Ordinance.
84) TOURIST HOME OR DUDE RANCH - A dwelling in which accommodations are
provided or offered for transient or temporary guests for compensation.
85) TRAVEL TRAILER - A mobile vehicle built on a chassis and designed and
used as a temporary place of dwelling and of such size and design as
to be subject to licensing for towing on the highway by a passenger
motor vehicle or" other prime mover and not requiring a special permit
for moving on the highway as contrasted to a mobile home.
86) VARIANCE - A variance is a relaxation of the terms of the zoning
ordinance where such variance will not be contrary to the public
interest and where, owing 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. As
used in this ordinance, a variance is authorized only for height, area,
size of structure, size of yards, open spaces, and flood plain. Estab-
lishment or expansion of a use otherwise prohibited shall not be
allowed by variance, nor shall a variance be granted because of the
presence of non-conformities in the zoning district or uses in an
adjoining zoning district.
87) YARD, FRONT - A yard across the full width of the lot extending from
the building line to the front line of the lot abutting a street.
Depth of required front yards shall be measured at right angles to a
straight line joining the foremost points of the 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 lines would have met without such round-
ing.
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88) YARD, REAR - A yard between the rear lot line and the rear line of the
main building and the side lot lines. Depth of a required rear yard
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.
89) YARD, SIDE - A yard between the building and the side line of the lot
and extending from the front yard to the required minimum rear yard.
Width of a required side yard 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.
90) ZONING DISTRICT MAP - The official certified map upon which the
boundaries of the various Zoning Districts are drawn and which is an
integral part of the Zoning Ordinance.
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SECTION 39 - REPEAL OF CONFLICTING ORDINANCES
All ordinances below-l isted are in confl ict with the provisions of this
ordinance are hereby repealed:
#508 An Ordinance Prohibiting House Trailer Parks and the Parking
of House Trailers or the Parking of any Trailer for Residential
Purposes within the City Limits of the Town of Colleyville;...
passed November 9, 1965
#0-70-2 An Ordinance Creating a Planning and Zoning Commission;...
passed May 12, 1970
#0~70-5 An Ordinance Amending Article XX, Changes and Amendments of
Zoning Ordinance Number 500 of the Town of Colleyville;...
passed July 14, 1970
#0~70-15 An Ordinance Establ ishing Zoning Districts in Accordance with a
Comprehensive Plan and Adopting A Zoning Map ...
passed October 13, 1970
#0-71-16 An Ordinance Amending Ordinance No. 508, Providing for a
Variance, and Declaring an Emergency.
passed May 11, 1971
#0-71-2l An Ordinance Amending Ordinance Number 0-70-15 Defining Kennels
and Specifying Zoning for Kennels and Declaring an Emergency.
passed June 8, 1971
#0-71-31 An Ordinance Providing Minimum Standards for Mobile Home Parks;...
passed August 10, 1971
#0-71-42 An Ordinance by the City Council City of Colleyville Amending
Ordinance No. 0-70-15, Article XI District Regulations, Adding
Section 11-7A, R-30 Residential, Single Family District Regula-
tions, and Declaring An Emergency.
passed November 9, 1971
#0-72-75 An Ordinance by the City Council City of Colleyville Amending
Ordinance No. 0-70-15, Article XI District Regulations, Adding
Section 11-8, R-15 Residential, Single Family District Regula-
tions, and Declaring an Emergency.
passed July 11, 1972
#0-72-99 An Ordinance Amending Ordinance 0-70-2 Creating a Planning and
Zoning Commission for the Town of Colleyvi"lle ..,
passed November 14, 1972
#0-72-100 An Ordinance Amending Ordinance 0-70-15 Establ ishing Zoning
Districts in Accordance with a Comprehensive Plan and Adopting
a Zoning Map ...
passed November l4, 1972
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#0-73-141A An Ordinance Establishing Flood Hazard Areas and Providing for a
Floodway Zoning District and a Flood Plain Zoning District;
Establishing Special Provisions Applying to the Flood Hazard Area;
and Further Providing for Special Exception Permits.
passed November 20, 1973
#0-73-148 An Ordinance to Repeal Ordinance 0-73-125 Heretofore Passed and
Approved by the City Council of the the City of Colleyville, Texas
on the 20th Day of March 1973 Whereby Ordinance 0-70-15 was Amended
and Providing that Ordinance 0-70-15 Continue in Full Force and
Effect as Originally Passed and Adopted by the City Council of the
City of Colleyville, Texas on 13 October, 1970.
passed December l8, 1973
#0-73-150 An Ordinance by the City Council of the City of Colleyville, Texas
Supplementing Ordinance No. 0-70-15 - Shall Contain '.Site Plan (SP)
District Regulations'. to be a Part Thereof as Section 10-4.
passed December 18, 1978
#0-74-172 An Ordinance Prohibiting the Zoning of R-10 and R-15 for the purpose
of Construction of Single Family Dwellings.
passed July 2, 1974
'-74-189 An Ordinance Supplementing Ordinance 0-70-15 Deleting Section 11-9
From Ordinance 0-70-15.
passed December 3, 1974
-75-193 An Ordinance Repeal ing Ordinance 0-73-145(Non-conforming use permit)
passed January 7, 1975
#0-75-194 An Ordinance Providing for the Issuance of a Non-conforming Use Permit
Allowing the Use of Property that does not Conform to the Regulations
Prescribed by Ordinance 0-70-15; Establ ishing the Required Procedures
and Fee Schedules; and Providing for a Penalty.
passed January 21, 1975
#0-76-240 An Ordinance Deleting Ordinance 0-72-75 (prohibiting R-15 zoning)
passed October 19, 1976
#R-74-92 Resolution that Requires Building Inspector to examine all plans
before granting a building permit
passed December 3, 1974
#R-74-94 Resolution to require the recognition and evaluation of flood hazard
in all official actions relating to land use in the flood plain areas
having special flood hazards;
passed December 3, 1974
Any other ordinance or parts of ordinances in confl ict with any of the
provisions of this ordinance are hereby repealed insofar as the same are
in confl ict with the provisions hereof.
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"...
SECTION 40 - COMPREHENSIVE PLAN - ZONING MAP
40.1 The Comprehensive Plan for the Town of Colleyville, Texas 1970-1995, as
submitted in 1971, shall remain the Comprehensive Plan for the City of
Colleyvi lle.
40.2 The Zoning Map, as submitted with Ordinance 0-70-15, revised and updated
in 1976, a copy of which is on file in the City Secretary's Office, shall
remain the Official Zoning Map of the City of Colleyville.
SECTION 41 - EFFECTIVE DATE: PUBLICATION
This ordinance shall become effective and be in full force and effect
from and after its passage and publication as required by law, and so
accordingly BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE:
PASSED, APPROVED, ADOPTED by the City Council of the City of Colleyville,
Texas, this the 16th day of May, 1978.
The vote of the City Council being:
JUDY L. WELCH For
C. L. VANOVER For
LEONARD LEAR For
VIRGIL L. THOMPSON For
DALE R. HODGSON For
The 1 s t Reading and Pu bl i c Hearing being conducted on Apri I 18, 1978;
The 2nd Reading and Publ ic H ea r i n g being conducted on May 2, 1978 ;
The 3rd Reading and Publ ic Hearing being conducted on May 16, 1978.
APPROVED:
ATTEST:
.~
~
T BOTO, City Attorney
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