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HomeMy WebLinkAbout89-2798Zoning Ordinance ORDINANCE NO. 89-2798 WHEREAS, the City Council of .the City of Plainview did on July 25, 1989, at a Regular Session of said City Council pass and adopt ordinance No. 89-2798. The Descriptive Caption and Penalties of said Ordinance are as follows: A ZONING ORDINANCE REPEALING ZONING ORDINANCE NO. 82-2478 AND ZONING MAP PASSED AND .ADOPTED ON THE 26th DAY OF JANUARY, 1982, TOGETHER .WITH ALL AMENDMENTS TO SAID ORDINANCE N0 82-2478 CONTAINING .SPECIAL CONDITIONS APPLICABLE TO,A PARTICULAR LOT, TRACT OR PARCEL OF LAND, AND .ENACTING AND ADOPTING IN LIEU THEREOF A NEW ZONING ORDINANCE AND MAPS DIVIDING THE AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF PLAINVIEW INTO DISTRICTS IN ACCORDANCE WITH A CITY-WIDE COMPREHENSIVE. PLAN; DEFINING CERTAIN TERMS;. REGULATING THE LOCATION, SIZE,' HEIGHT, BULK AND. USE OF BUILDINGS WITHIN SUCH RESPECTIVE DISTRICTS; FIXING BUILDING LINES FOR EACH RESPECTIVE DISTRICT; REGULATING THE .SIZE OF YARDS, COURTS AND OPEN SPACES IN EACH PARTICULAR. DISTRICT; .REGULATING THE DENSITY OF POPULATION, STRUCTURES, BUILDINGS, LAND, INDUSTRY AND RESIDENCES IN THE ERECTION, REPAIR AND ALTERATION OF ALL BUILDINGS AND STRUCTURES IN EACH PARTICULAR DISTRICT; ADOPTING ZONING MAPS AND MAKING THEM A PART OF THIS ORDINANCE; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; AUTHORIZING. PUBLICATION OF THE DESCRIPTIVE CAPTION AND. PENALTY CLAUSE HEREOF; CONTAINING A SAVINGS CLAUSE,. AND PRESERVING RIGHTS IN'PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES. VIOLATIONS AND PENALTIES The Penalties for the violation of this Ordinance are as follows: Any person, association or corporation who shall violate any of the provisions of this ordinance or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building or who shall commence to erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, including the owner or manager of any property which violates or fails to comply the provisions of thin ordinance, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than two thousand dollars... ($2,000) and each day su.ch'volation shall be permitted to exist shall be construed to constitute a separate offense. The owner, manager or any other q- \; responsible party of that building or premises or part thereof where anything in violation of this ordinance shall be placed or _. shall exist, and any architect, builder, .contractor, agent, or corporation employed in connection therewith who may have assisted in the commission of any such violation shall each be .guilty of a separate offense and upon conviction shall be subject to the penalties herein provided. f ~ f E. V. RIDLEHUBER, Mayor ATTEST: CARLA REESE, City Secretary ~a~~~ /i \. / '. TABLE OF CONTENTS SECTION NO. TITLE PAGE 1 TITLE 3 2 PURPOSE 3 3 DEFINITIONS 4 4 ESTABLISHMENT OF DISTRICTS AND BOUNDARIES 21 5 OFFICIAL ZONING MAP 2 2 6 TEMPORARY ZONING OF ANNEXED TERRITORY 2 3 7 APPLICATIONS OF DISTRICT REGULATIONS 2 4 8 USE OF LAND AND BUILDINGS 2 6 9 SPECIAL DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS 4 7 1 0 "A" AGRICULTURAL DISTRICT REGULATIONS 6 6 1 1 "R-1 L" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS 6 6 1 2 "R-I" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS 6 7 1 3 "R-2" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS 6 8 1 4 "TF" DUPLEX AND PATIO HOME RESIDENTIAL DISTRICT REGULATIONS 6 8 1 5 "SF-A" SINGLE-FAMILY ATTACHED RESIDENTIAL DISTRICT REGULATIONS 7 3 1 6 "MF-I" MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS 74 t 7 "MF-2" MULTI-FAMILYRESIDENTIAL:DISTRICTREGULATIONS 75 1 8 "MH-1" MANUFACTURED HOUSING {MUD CODE} RESIDENTIAL DISTRICT REGULATIONS 7 6 1 9 "MH-2" MANUFACTURED HOUSING (HUD CODE) PARK DISTRICT REGULATIONS 7 8 20 "U" UNIVERSITY AND COLLEGE DISTRICT REGULATIONS 7 9 21 "O"OFFICE DISTRICT REGULATIONS 8 0 2 2 "C-1" NEIGHBORHOOD SERVICE DISTRICT REGULATIONS 81 23 "C 2" RETAiLDISTRiCTREGULATIONS 82 2 4 "CB" CENTRAL BUSINESS DISTRICT REGULATIONS 8 2 75 "C-3" COMMERCIAL GENERAL BUSINESS DISTRICT REGULATIONS 8 3 2 6 "M-I" LIGHT INDUSTRIAL DISTRICT REGULATIONS 8 4 2 7 "M 2" HEAVY INDUSTRIAL DISTRICT REGULATIONS 8 5 2 8 "PD" PLANNED DEVELOPMENT DISTRICT REGULATIONS 8 6 2 9 "D-H" DESIGN=HISTORIC DISTRICT REGULATIONS 8 8 3 ~ "FP" FLOOD PLAIN DISTRICT REGULATIONS 9 4 31 OFF-STREET PARKING AND LOADING REQUIREMENTS 9 8 3 2 HEIGHT AND AREA REGULATIONS 1 U 9 3 3 "SU" SPECIFIC USE PERMITS 1.12 3 4 SUPPLEMENTARY DISTRICT REGULATIONS 1 13 3 5 NON-CONFORMING LOTS, USES OF LAND, STRUCTURES; AND USES OF STRUCTURES AND PREMISES 1 2 6 3 6 SITE PLAN REVIEW 1 2 9 37 BOARDbFADJiJSTMENT 133 3 8 PLANNING:AND ZONING COMMISSION 13 7 39 AMENDMENTS 139 4 0 SCHEDULE OF FEES, CHARGES, AND EXPENSES 14 2 41 VIOLATIONS AND'PENALTIES 1 4 3 4 2 VALIDITY 1 4 3 4 3 INTERPRETATIOIV, PURPOSE AND CONFLICT 1 4 4 4 4 CONFLICT{NG ORDINANCES REPEALED 1 4 4 4 5 EFFECTIVE:"DATE 1 4 5 -_ m _ _ _ _ ~ __ . CITY OF PLAINVIEW, TEXAS ORDINANCE NO. 89-2748 A ZONING ORDINANCE REPEALING ZONING .ORDINANCE NO. 82-2478 AND ZONING MAP PASSED AND ADOPTED ON THE 26Lh DAY OF JANUARY, 1952, TOGETHER WITH ALL AMENDMENTS THERETO, SAVE AND EXCEPT THE AMENDMENTS TO SAID ORDINANCE NO. 82-2478 CONTAINING .SPECIAL CONDITIONS APPLICABLE TO A PARTICULAR LOT, TRACT OR PARCEL OF LAND, AND ENACTING AND ADOPTING IN LIEU 1rHEREOF A NEW ZONING ORDINANCE AND MAP5 DIVIDING THE AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF PLAINVIEW INTO DISTRICTS IN ACCORDANCE WITH A CITY-WIDE COMPREHENSIVE PLAN; DEFINING CERTAIN TERMS; REGULATING THE LOCATION, SIZE, HEIGHT,. BULK AND USE OF BUILDINGS WITHIN SUCH RESPECTIVE DISTRICTS; FIXING BUILDING LINES FOR EACH RESPECTIVE DISTRICT; REGULATING .THE SIZE OF YARDS, COURTS AND OPEN SPACES IN EACH. PARTICULAR DISTRICT; REGULATING THE DENSITY OF POPULATION, STRUCTURES,, BUILDINGS, LANI} INDUSTRI' AND RESIDENCES Ilv THE ERECTION, REPAIR AND ALTERATION OF' ALL BUILDINGS AND STRUCTURES IN EACH PARTICULAR DISTRICT; ADOPTING ZONING MAPS AND MAKING THEM A PART OF THIS ORDINANCE; CREATING A BOARD OF ADJJSTMENI' AND DEFINING ITS' POWERS AND DUTIES; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; .AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF; CONTAINING A SAVINGS CLAUSE; AND PRESERVING RIGHTS IN PENDING LITIGATION AND .VIOLATIONS UNDER EXISTING ORDINANCES, WHEREAS, om the 26th day of January, 1982, the City Council of the City of Plainview in accordance with the laws provided adopted a comprehensive Zoning Ordinance and h4ap which classified the area with-in the City Li-mts into various .use districts and from time to tithe none changes and amendments have been enacted .and adopted, and fran3 time to time have added classifieatigns 4q .territory newly. annexed to the City of Plainview; ands. WHEREAS, the City Council submitted.. to the Planning and Zoning Commission its request that such eommissiou make a comprehensive study of the Zoning Ordinance as it exists and Zoning .Map in connection therewith, and the Planning and Zoning Commission has held pttblic hearings on June 8, 1.9$9, and June 22, 1989, at 7 P.M. in the City Council Room on the first floor of the City Hall in Plainview, Texas, after due notice pasted and published on May 23, 1989, according to law and egnsistent with Ordinance Nta. 89-2792 of the City of Plainview, Texas, all such notices giving the time and place of such hearings, and such hearings were held at such time and place and persons appeared both in favor of and again t the proposed ordinance and maps., and the Planning.. and Zoning Commission has adopted its preliminary report on June 8, 1989, and has adopted its fmaP report an lure 22, 1989, and has submitted. its final report and recommendations to the City Council that. Zoning Ordinance No 82-2478. should be changed in full to keep abreast of the changing conditions in the. growth and development of the City of Plainview, and had further recommended that triplicate maps be adopted in lieu of the existing Zoning Map and such recommendations were received by the City Council and after due consideration,. the City Council finds that making the proposed recommended changes more fully hereinafter set nut would be in the public interest and promote the health, safety, morals, and general welfare of the general public and lessen .the congestion in rho streets, and provide greater safety from fire, panic; and other dangers and provide adequate light and air, and prevent the overcrowding of land, to avoid undue co•ncentraton of population and other public requirements; and, WHEREAS,. some changes have been made in the various districts and in the various district boundaries as shaven on the zoning maps adopted by this ordinance, found to be in the. public interest, all according to a comprehensive plan, no attempt has been made to change all such coning districts from the corresponding zoning districts of the map adoptdd with Zoning Ordinance No. $2-2478, as amended, the adopted zoning maps shown and include the amendments to the repealed zoning map .prior to the adoption of the ordnance and maps in connection herewith and it is the intent and declared purpose of this ordinance to revise and bring up to date the text containing the restrictions and regulations of a comprehensive .Zoning Ordinance; and, WHERE:4S, all conditions precedent required by law and consistent. with Ordinance No: 89-2792 of the City of Plainview, Texas, for a valid repeal of the present zoning ordinance and map and enactment and adoption of a new comprehensive zoning ordinance and map have been fully complied with and notice was duly pubiislte,d on the 23rd day of May, 1489,, in the Plainview Daily Herald and the public hearing, according to said notice,. was held at 7:00' P.M., on the 11th day of July, 1989, in the City Council Room on the lust floor of City Hall,. Plairview, Texas, at which time every person was afforded and given the opportunity to appear and speak in regards to the proposed ordinance and maps and after said hearing., it is determined by the City Council that it would be in the public interest, due to changed conditions that Ordinance No. &2-2478, together with the Zoning Map, and all amendments thereto,. be repealed, and that a new Zoning Ordinance and triplicate zoning maps be enacted and adopted in lieu thereof, in substantial compliance with the recommendation of the Planning and Zoning €ommssion; NOW THEREFORE,. BE IT ORDAINED BY THE CITY COUNCIL OF THE CTTY OF PLAINVIEW: THAT Zoning Ordinance No. 82-2478 and the Zoning Maps, together with all amendments thereto, save and .except the amendmetnts to said Ordinance No. 82- 2478 containing special conditions applicable to a particular lot, tract or parcel of land, are her-eby in all things repealed and' a new Zoning Ordinance and Maps hereby enacted and adopted which shall provide as follows: 2 SECTION 1 .TITLE This ordinance shall be known and may be cited as "The City of Flanvew Zoning Ordinance". SECTION 2 PURPOSE It is declared to be the intent and purpose of the Zoning Ordinance to promote and protect the health,: safety, comfort, convenience, prosperity and general welfare of the citizens of Plainview by assuring quality .development, to allow for proper economic growth which conforms to a comprehensive plan. of the city.. It is further declared- that: To promote the stability of existing land uses that conform. with a comprehensive plan and to protect them from unharmonious .influences and. harmful intrusions;. Ta promote a harmonious, convenient, workable. relationship among land. uses; To encourage quality development through .effective planning which utilizes modern innovations of urban design; To promote and protect the aesthetic quality of the city, by conserving and enhancing the taxable: values of land and buildings. throughout the city; To protect and enhance :areas of scenic, historic or cultural importance; To provide adequate light and air; To encourage proper population densities and prevent the overcrowding of structures.; - To provide adequate protection for community investments in water, sewerage, streets, schools, par-ks, and other commuuity £aciliti-es; To promote a safe, effective traffic circulation system; To provide safety from fire and other dangers; The city is hereby divided into zones or districts, restricting and regulating therein the location, erection, construction, reconstruction, alteration and. use of buildings, structures. and land for trade., industry, residence aatd other specified uses; to regulate the intensity of the use of lot areas, and to regulate and determine the area of open spaces surrounding such buildings; to establish building lines and locations of buildings designed for specified industrial, business, residential and other uses within such areas;: to fix _3 ~, _:_ standards to which buildings or structures shall. conform therein; to .prohibit uses, buildings or structures iacompatable with the character of such .districts, respectively; to prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder, providing for the gradual elimination of non-conforming uses of land, buildings and structures. SECTION 3 DEFINITIONS For the purpose of this ordinance, the wards "used for" include "designated £or" and vice versa; words used in the present tense include the future; words in the singular number .include the plural number aad vice versa; the word "building" includes the word "structure'; the ward "dwelling" includes the word "residence' ; the word "'lot" includes the.. word "plot"; the word "person" includes "corporation", "co-partnership", "association" and "individual"; and the word "shall" is mandatory and not directory.. Terms noC herein defirted shall have the meaning assigned to them in the City Building Code or, if not defined in the Buildmg Code, the meaning custo~ariiy assigned to them. Definitions/descriptions of types of uses are found ' in Section 9 of this ordinance. For the purpose of this .ordinance, certain terms and words axe hereby defined as follows: 3:1. ABUTTING PROPERTY¢ Property abutting upon a street shall also be understood as abutting property on the other side of the street. 3:2, ACCES~(}RY BUILDII*IyG QR USE: An "accessory building or use" is one which: (a) is subordinate to and serves a principal building(s) or principal use(s); and (b} is subordinate in .area, extent, or .purpose to the principal buildings} or principal uses} served; and (c) contributes to the comfort, convenience and-necessity of occupants of the principal buildings} or principal use(s)- served; and (d} is located on the same building IoT as the principal building(s) or use(s) served. "Accessory" when used in .the text shall have the same meaning as accessory use. An accessory building may be a part of the principal building. Servant's quarters, as defined:, are an accessory buldini; or use. 3:3. ADJACENT; Shall mean."next to" or "closest to" but shall not necessarily mean "touching". 3:4. ALCOHOLIC BEVERAGES, M1XFD: Beer,. beer by the battle, w-ine, wine by the bottle and mixed alcoholic drinks. 3:5. ALLEY: A minor public way which extends only secondary means of access to properties otherwise abutting on a street. 4 ~, , 3`.b. ANTENNA/MICROWAVE REFLECTOR: An apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter. relay. This definition is meant to include but is not limited to what are commonly referred to as T.V.R.O.S., or satellite. receive only earth. stations. 3;7. .ANTENNA, RADIO OR TELEVISION: The arrangement of wires or metal rods used in sending and/or receiving. of electromagnetic waves. 3:$. ANTENNA SUPPORT STRUCTURE: Any. structure, mast, pole, tripod, box frame or tower utilized for the purpose of transmission, retransmission, or reception of electromagnetic, radio, or microwave signals. 3:9: APARTMENT: A room or group of moms in amultiple-family dwelling arranged, designed, used or intended to be used as a residence by a person. or persons living independently as a single housekeeping unit. 3:10. APARTMENT HOUSE: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as tutee (3) or more dwelling units or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. 3:11. AREA OF THE LOT; The net area of the lot and .shall not include portions of streets or alleys. 3:12. AWNING: A roof-like cover of a temporary nature that projects from .the wall or roof of a building. 3:13. BANNER, FLAG OR PENNANT: Any sign exposed to the weather and which is made from or on cloth or other limp material. A flag shall be any such sign which is flown from one (1} flag staff. Any sign made from or on cloth or other limp material and which is displayed behind glass and within a building shalt be deemed a wall sign. 3:14. BASEMEN`P; A story partly. or wholly underground. For purposes of height measurement, a basement shall be counted as a story where -mare than one-half (1/2) of-its height is above the average level of the adjoining ground; using measurements taken at each corner of the building which :meets the ground. 3:15. BILLBOARD: Any structure or portion thereof upon which are outdoor advertising signs. which advertise, promote or otherwise disseminate information pertaining.. to goods, products or services, including charitable services or appeals and political services or appeals, and which are not related to goods, products of services comprising a primary use on the premises on which the sign is located, being either: a) Poster panels normally mounted on a building wall or free-standing structure with :advertising copy in the form of pasted paper; or b) Multi-prism signs - same as above, and alternating advertising messages on the one display area; or c) Painted bulletins.,. where the advertisers message is painted directly on the background of a wail-mounted -or free-standing display area. 5 ~r , 3:16. 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 (2) streets which intersect said street on the said side. 3:17. BOARD: Shall mean the Zoning Berard of Adjustment. 3;18. BUILDABLE WIDTH; The widih of the building site left to be built: upon after the required side yards are provided. 3:19. BUILDING: Any structure having a roof supported by colutnns or walls and designed or intended for the shelter, support, enclosure or protection of persons, animals, chattels, or movable property of any kind, except for tents and canopies. When subdivided in a manner sufficient to prevent the spread of fire,. each portion so subdivided may be deemed a separate building. 3:20. BUILDING, COMMUNITY; A building for. social, educational; and recreational activities of a neighborhood or community, not operated primarily for commercial gain. 3:21. BUILDING, DETACHED: A building surrounded by yards or open space on the same building lot. 3:22. BUILDING, FR(}NT OF; The side of a building most nearly parallel with and adjacent to the front of the lot on whiclx it is situated. 3:23.. BUILDING LOT: A single tract of land located within a single: black which (at time of filing for a building permit) is designed. by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a "Building Lot" may not coincide with .a lot of record. A "building lot" may be subsequently subdivided into- two (2) or mAre "building lots", and a number of "building lots" may be cumulated into one "building lot", subject to the provisions of this ordinance. 3:24. BUILDING LINEN A line- parallel or approximately parallel to the front, back, and/or side lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected. 3:25. BUILDING, MAIN OR PRIMARY: A building in which is conducted the principal. use of the lot on which it is situated. 3:26. BUILDING, MIXED: A building used partly for residen#ai use and partly far community facility and/or commercial use. A "mixed use building" is a commercial use. 3:27. BUILDING, RESIDENTIAL: A building which is arranged, designed; used or intended to be used for residential occupancy by one (1} or more families err lodgers: _6 ,~ _ , 3:28. BUILDING UNIT GROUP: Two (2) or more buildings, except dwellings grouped upon a lot and held under single ownership or lease, such as but not limited to universities, hospitals and institutions. 3:29. BUSINESS: Includes local retail, commercial, industrial, and manufacturing uses and districts as herein defined. 3:30. CANOPY: Any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels or a roof-like structure of a permanent nature which is supported by or projects from the. wall of a structure. 3:3I. CARPORT: A structure open on a minimum of three (3) sides designed or used to shelter the owner's vehicle(s), not to exceed twenty-four (24) feet on its longest dimension. 3:32. CELLAR: See Basement. 3:33. CERTIFICATE OF OCCUPANCY OR COMPLIANCE: An official certificate issued by the city through the enforcing official which indicates conformance with or approved conditional waiver from the zoning regulations and authorized legal use of the premises for which it is issued. 3:34. CITY COUNCIL: The governing body of the City of Plainview, Texas. 3:35. CITY MANAGER: The chief administrative officer of the City of Plainview, Texas. 3:3fi. COMMISSION, PLANNING: The Planning. and Zoning Commission of Plainview, Texas: 3:37: COMPREHENSIVE PLAN, CITY OF PLAINVIEW: A periodically updated series of documents that unify all elements and aspects of city planning. Based on careful analysis and projection, these docum ents reflect the best judgment of the City Council, Planning and Zoning Commission and city staff regarding land uses and similar policy issues and is designed to ensure that the City of Plainview is an attractive and comfortable place to live, work and play. The plan- shall serve as a policy guide to zoning and subdivision development decisions. 338. CONDITIONAL USE: A use which shall be permitted in a particular district only upon fulfillment of the conditions as set fo rth: for that use in the use regulations for the appropriate district. 3:39. CONTIGUOUS: Shall mean "touching" or "in contact°', 7 ,x , 3:40. COURT; An open, unoccupied space, bounded on more than two (2} 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 (1) side open to a street, alley, yard, or other permanent open space. 3:41. CURB GRADE: The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this ordinance. 3:42. DANCING: To move the body, especially the. feet, in rhythm, ordinarily to IDllSi0.. 3:43. DEPTH OF LOT: The mean horizontal distance between rho front and rear lot lines. 3:44.. DEPTH OF REAR YARD: The mean horizontal distance between the rear line of a building other than an accessory building and the. rear lot line, .except as modified in the text of any section in this ordinance. 3:45. DEVELOPMENT LOT:: A parcel or abutting parcels of land, having definite boundaries, which is improved as a single .unit of use. 3:4b. DISTRICT: A section of the City of Plainview for which the regulations governing the areas, heights ar uses of buildings or lots are uniform for each type and class of structure. 3:47. DUPLEX: A detached building having separate accommodations for and occupied by not more than two families. 3:48. DWELLING: A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple- family dwellings,. except for buildings designed and used as hotels, boarding houses, rooming houses and motels.. 3:49. DWELLING, ONE-FAMILY: A detached building having accommodations for and occupied by not more than one (1) family. In this ordinance a one-family dwelling shall- not include HUD Code manufactured home and mobile home. 3:50. DWELLING, TWO-FAMII,Y: Same as Duplex.. 3:51. DWELLING, MULTIPLE-PAMII.Y: Same as Apartment. 3:52. DWELLING, ROW: One of a series of three (3) or more attached one- family dwellings under common roof with common exterior wall. and separated from one another by single partition walls without openings from basement to roof. 3:53. DWELLING UNIT: One (1) or more rooms is a dwelling designed. for occupancy by one (1) individual or family living independently as a single .housekeeping unit,: with no more than one (1) kitchen unit. 8 ,~ 3:54. EDUCATIONAL INSTITUTION: A college. or university .giving general academic instruction equivalent to the standards prescribed by the State of Texas. 3:55. EFFICIENCY UNIT OR EFFICIENCY APARTMENT: An apartment having a combination living and bedroom, designed for occupancy by one (1) person, containing not less. than two hundred and twenty (22U) square feet of net floor area, which may include kitchen facilities within the room. 3:56. FAMILY: An individual or group of two or more persons related by blood,.. marriage, adoption or guardianship including foster children, exchange students, and servants together with not more than two additional persons not related by blood, marriage, or adoption to the previously identified individual or group, living together as a single housekeeping unit in a dwelling unit or a Fami-ly Home for the Disabled as defined by the community Homes foi' Disabled. Persons Location Act, Article 1011n of Vernon's Civil Statutes, as it presently exists or may be amended in the future, but not including household care or rehabilitation care facilities. 3:57. FLOOD PLAIN: An area of land subject to inundation by a l0U-year frequency flood, as shown on the flood plazn map of the City of Plainview. The term "flood plain" is interchangeable with the term "flood hazard area". 3:58. FLOOR AREA: The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, or garages. 3:59. FLOOR AREA RATIO (FAR):. An indicated ratio between square. feet of total. flour area in the main building(s) on total square footage of land in the lot;. it is the number dividing the maia building floor area by the lot area. 3:60. Reserved. the number of a lot and the resulting from 3:61. FRONT LOT LINE,. RESIDENTIAL: That boundary. of a building lot which is the line of an existing or-dedicated street. In the case of a corner .lot the narrowest side fronting on the street shall be considered t4 be the front. of the lot, except that either street line nay be selected as the .front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the. front lot line. In case the corner lot has equal frontage on two (2) or more streets, the lot shall be considered to front on that street which the greatest number of lots abut. 3:62. GARAGE, PRIVATE: A detached accessory building or portion of the main building .for the parking or temporary storage of automobiles. of the occupants of the premises..... 3:63_ GARAGE, PUBLIC: A building other than. a private garage used for the care, repair or equipment of automobiles; or where such vehicles are parked or stored fur remuneration, hire or sale. 9 _~, -_ 3:64. GARAGE SALE: The sale of items normally accumulated by a household sttbject to compliance with each of the following conditions: a) No more .than three (3) garage sales shall be allowed for the same location in any twelve (12) month period.. The duration of the garage sale shall not exceed three (3) consecutive days. b) No Hems shall be purchased for a garage sale for the purpose of resale. c) No items for sale shall be displayed outside of the residence, garage or carport. d) One (1) unlighted sign not exceeding twelve (12) square feet. in area shall be permitted. Said sign shall pertain to the garage sale only .and shall be located on the property. Said sign shall be permitted for. the three (3) day .period. 3:65. GARAGE, STORAGE: A building or portion thereof, other than a private garage, -used exclusively €or parking or storage of self-.propelled vehicles, but with nb other services provided except facilities for washing. 3:66.. GRADE: A term having particular reference under the following conditions: a) For. buildings: having walls adjoining oae (1) 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 (1) street, -it is the average of the elevation of the sidewalk at -the center of ail walls adjoining the street. c) For buildings have no wall adjoining the street, it i the average level of the finished surface of the ground adjacent to the exterior wall of the building. d) Any wall approxitnateiy parallel to and not more than five (5) feet from a street lime is to be considered as adjoining. the treet. e) Where no sidewalk has been constructed,. the Building Inspector shall establish such sidewalk level or its equivalent for the purpose of these regulations. 3:67. GROSS FLOgR AREA: The gross floor area of a building shall be nieasure8 by taking outside dimensions of the building at each floor level. 3:68. HEALTH SERVICE: A charitable or governtnent operated faei3ty offering medical examination, diagnosis and limited treatment, not for profit, to the public. 3:69. HEAVY LOAD VEHICLE (HLV): Manufacturer's Recommended Gross than 1.1,000 pounds, such as large buses, vans, and other similar ve construed to mean "Heavy Laad otherwise. A .self-propelled vehicle having a Vehicle Weight (GVW) of greater recreational vehicles, tractor-trailers, hides. The term ".truck" shad be Vehicle" unless specifically stated 3:70. HEIGHT: The vertical distance of a building or portion of a building as measured at the corners of the builidng prior to betmng to (1) the highest point of .the roofs surface if a flat surface, (2) the deck lane of mansard roofs, or {3) the highest point of the ridge for hip and gable 10 _- v_, roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, tanks, water towers, radio towers, antennas, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height. .3:71. 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. 3:72. HOSPITAL: A legally authorized institution in which there. are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, and the prolorgged care of bed patients. Clinics may have some but not all of these facilities. 3:73: HOUSING, INDUSTRIALIZED: See "Industrialized Housing'. 3:74. HOUSING, MANUFACTURED: See "Manufactured Housing". 3:75. INCIDENTAL USE: A secondary or minor use .associated with a primary use. 3:76. INDUSTRIALIZED HOUSING: A residential structure designed for use and occupancy of one. (1) or more families, constructed in one (1) or more modules or constructed using one or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system: The term shall not mean or apply to (a) housing constructed of sectional or panelized systems not utilizing modular components; or (b) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it Yo another location. 3:77. JUNK: The term "junk" is defined to mean and shall include scrap iron., scrap. tin, scrap .brass, scrap capper, scrap lead, or scrap zinc aad 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 tine, .and other manufactured goods that. are so weak, deteriorated or obsolete as to make them unusable in their existing condition; subject o being dismantled for junk. 3.78: Rese-rued 3:79. LANDSCAPING: 'Creating an aesthetic effect by .the use of a combination of plant material,. including but not limited to grass, trees and shrubs, planters, brick, stone, natural forms, water forms, aggregate and other landscape features. Landscaping shall not include the use of smooth concrete or asphalt. 3:80. LANDSCAPE SCREEN: Plant material of the evergreen variety, a minimum of six (6) feet in height at the time of installation and planted on four (4) foAt centers. All such landscape screens shall be I1 permanently maintained. Adequate facilities shall be provided for watering at the time of installation. 3:81. LEGAL NONCONFE}R1tiIING USE, BUILDING Olt 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 gassage of this ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming use. 3:82. LIGHT LOAD VEHICLES: A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) ncrt greater than 11.,000 pounds, and having no more than two (2) axles, such as pick-up trucks, vans, recreational vehicles, campers, and other similar vehicles, but .not including automobiles and motorcycles. 3:83. LIVING UNIT: The roam or rooms occupied by a family and which must include cooking facilities. - 3:84. LOADING SPACE: An oft street space or berth used for the temporary parking of a vehicle while loading ox unloading merchandise or materials and which abuts upon a street or other appropriate means of access. 3:85. LOT: An undivided tract or parcel of land under one ownership having frontage upon a public street or officially approved placer, either occupied or to be occupied. by a building. or building group, together with accessory buildings, .and used together with such yards and other open spaces as are required by this ordinance, which parcel of land is designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record. 3:8b. LOT AREA: The total horizontal area within the lot lines of a lot. 3:87. LOT AREA PER DWELLIN('i UNIT: The lot area required far each dwelling unit located on a building lot. 3:88. LOT, CORNER; A lot abutting upon two (2) or more .streets at their intersection or upon two (Z) parts of the same street. forming an interior .angle of less than 135 degrees. 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. 3:89. LOT COVERAGE; The percentage of the total area of a lot occupied toy the base (first story or floor) of buildings located on the lot. 3:90. LOT DEPTH: Thee mean horizontal distanoe between We front lot line. and the rear lot line of a building lot measured at the respective mid-points of the front tot line and rear lot line within the lot. boundary. 3:91. LOT, INTERIOR: A building lot. other than a .comer lot. 12 _,~, __ __ 3:92. LOT LINES: The lines designated on a plat. as being the boundaries of a lot. 3:93. LOT LINE, FRONT: See "Front Lot Line". 3:94. LOT LINE, REAR: See "Rear Lot Line". 3:95. LOT LINE, SIDE:. See "Side Lot Line". 3:96. LOT OF RECORD: An area of land designated as a lot on a plat of a subdivision recorded, pursuant to statutes oI' the State of Texas, with. the County Clerk pf Hale County, Texas, or an area of land held in si--ogle ownership described by metes and bounds upon a deed recorded or registered with :the County Clerk. 3:97. LOT, THROUGH: An interior lot having frontage an two (2) streets. 3:98. LOT WIDTH: The horizontal distance measured between side lot lines parallel to the. front lot line and measured from the point on the building line which is closest to the front iat line. 3:99. MANUFACTURED HOUSING (OR MANUFACTURED HOME): A HUD. Code manufactured homer (See 9:1.5.) 3:100. MANUF?ACTURED HOUSING (OR MANUFACTURED HOME) SI'Z'E: That part of a manufactured Name park which has been reserved for the placement of one (1) HUD Code manufactured home. 3:101. MOTOR VEHICLE: Any vehicle designed to carry one {1) er more persons which is propelled or drawn by mechanical. power, such as automobile, truck,. motorcycle, and bus. 3:102. MULTIFAMILY BUILDING: Same as Apartment House. 3:103. NATURAL OR ARTIFICIAL BARRIER; Any river, pond, canal,. railroad, levee, embankment, fence or hedge which prohibits a view of the use from the outside. 3:104. NON-CONFORMING BUILDING-OR USE:. A building, structure or use of land or portion theraof lawfully existing or occupied at the time this ordinance became effective, which was designed, erected, or structurally altered for a use that does. not conform to the use regulations of the district iu which it is located. 3:105. NOXIOUS. MATTER: A material which. is capable. of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans. 3:106. OFF-STREET PARKING SPACE: An area for the temporary storage- of an automobile which shall be permanently reserved for such purpose and which shall not be within or oa any public street, alley or other tight- of-way, Such area shall: 13 ~,: a } Have a permanent all-weather surface paved in accordance with City standards for residential streets. b) Have dimensions for each space of not less than 9 feet x 20 feet. c) When. contiguous to an alley, have dimensions far each space of not less than 9 feet x 24 feet. d) Be accessible by an all-weather surfaced drive of sufficient width to provide for access. and maneuvering, which drive shall connect with a dedicated street or alley, provided such drive shall not be required for spaces that abut an alley. e) Be appropriately defined or marked to delineate one {1} space from another. f) Be so designed and regulated that no parking, or maneuvering incidental to parking, shall be on any public street or walk,.. provided this provision shall not apply to access from an alley or to single or two-family units. g) Provide adequate barriers to keep any parked vehicle from extending into oY overhanging any public right-of-way. h) Be so designed that auy vehicle may be parked and unparked without requiring the moving of any other vehicle. i) Be located on the development lot. See Section 3l for additional requirements,. 3:107. OPEN AREA OR OPEN SPACE: That part of a bailding lot, including courts or yards, which: a) is open and unobstructed from its lowest. level to the sky, b) is accessible to all residents upon a building lat, and e) is not pazt of the roof of any building. an the lot. 3:108. O)~EN SPACE, USABLE: An open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a siege not exceeding ten percent (1Q%), shall have no dimension of less than ten (ltl) feet, and may include landscaping, walks, recreational facilities; w>ater features and decorative objects such as art work or fountains. Usable open space shall .not include rooftops, accessory buildings (except those portions of any building designed specifically for recreational purposes), parking areas, driveways, turn-around areas or the right-of- way or easement for streets- or alleys. 3:169. OPEN STORAGE; The storage of any equfgment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any .point on the building lot line when viewed from ground level to six (fi) feet above ground level, for more than twenty-four (24) hours. 3:110, PARKING AREA, PUBLIC OR CUSTOMER`. An open. area, other than a private parking- area, street or alley, used for the parking. of automobile"s and available for public or quasi-public use. 3:111. PARKING SPACE, OFF-STREET: See Off-Street Parking Space. 14 ~~ _ _ 3:112. PARKWAY: Any part of the public right-of-way lying between Lkce curb or grade line of any public- street and the abutting private property line. 3:113. PERMANENTLY MAINTAINED: A constant -and continuing state of maintenance, thereby preserving the installation as similar to the original. as possible. - 3:114. PERSON: When used iu this ordinance shall mean every natural person, firm, co-partnership,. association, partnership, corporation or society; and -the .term "person" shall include both singular and plural, and the masculine shall embrace the feminine gender. 3:115. PLACE: An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon. 3:116. PLANNING AND ZONING GflMMISSION: The agency appointed by the City Council as an advisory body to it on matters related to zoning and planning. 3:117. 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 of Plainview and. subject to approval by the Planning and Zoning Commission. 3:118, PUBLIC PARK: .Any publicly owned park, playground, beach, parkway, greenbelt,. or roadway within the jurisdiction and control of the City. 3:119. REAR LOT LINT: That boundary of a build-ing lot which is most distant from and most nearly parallel to the front .lot line. Trot triangular lots the point opposite the front lot ,line shall be considered the rear lot line and have a value of zero. 3:120:. RECREATIONAL .EQUIPMENT OR TRAILER: Such equipment er trailers shall include say boat, on or off a trailer; any boat trailer; any race car or parts, on or off a trailer; any snowmobile, oa or off a trailer; any dune buggy, on or off a trailer; any motorcycle trailer, and any .utility,. cargo or stock trailer. 3:121. RECREATIONAL EQUIPMENT OR TRAILER; OVERSIZED:. Any rsiereational equipment or trailer whose total size or total combined (equipment and trailer measured together) size, excluding any trailer tongue, is .over seven (7) feet in width or seven (7) feet in height or twenty two (22) feet in length. 3:122. RECREATIONAL. VEHICLE: Recreational vehicle, travel trailer and vacation. travel trailer are used synonymously throughout this ordinance and mean a vehicle designed for a temporary or short-term occupancy for travel, recreational and vacation uses. Such vehicles shall :include any travel trailer, camp trailer, pop-up or tent campers, house trailer, motor home or house car, -and. any pickup camper, on or off the pickup (excluding recreational dual purpose vehicles), except a s%mple shell, on the pickup, hayi=ng no cooking or bath faciliCtes. 15 ~ _- 3:123. RESIDENTIAL DISTRICT: Any zoning district included in this Ordinance in which residential uses constitute the primary permitted use classification, including the R-1L, R-1, R-2, TF, SF-A, MF-1, IvIF-2, MH-1, and MH-2 district classifications. 3:124. RESTAURANT OR CAFE: A building or portion of a building, not operated as a dining room. in connection with a hotel or boarding hanse, where fond is served for pay and for consumption in the building, and where provisions may be made for serving food on the premises outside .the building. 3:125. RETAIL: The sale of goods, merchandise; services, andfor commodities to the general public, 3:126. ROOM: A building or portion of a building which is arranged; occupied, or intended to be occupied as living or sleeping quarters but not incinditrg toilet or cooking facilities. 3:127. SCREENING DEVICE: A barrier of stone,. brick, pierced brick or block, uniformly colored wood, or other. permanent material of equal character, density; and acceptable design; at least six (6) feet in height, where the solid area equals at least sixty-five percent (65%) of the wall surface, including an entrance gate or gates; or foliage of an acceptable type and of a density that wit-1 not permit thraugl passage; or an acceptable combination of these materials. Where required, screening device shall be installed prior to or concurrently with the first building permit issued in a development and shall be continuously maintained. (See Section 34;7:) 3:128... SETBACK: The minimum horizontal distance between the front wall of any p-rejection of the building, excluding sieps and unenclosed porch and the street line, 3:129. SIDE LOT LINE: 'That boundary of a building lat which is not a front. or rear lot. line. 3:130. SIGN: A name,.. identification, description, display, or illustration- wltch is affixed to, or represented directly or indirectly upon a buildiag, structure, or piece of land and which directs attention to an object, praduet; place, activity,. institution, or business. A "sign" i:s not a display of official court or public office notices; nor is 'it a flag, emblerxt, or insignia of a nation, political unit, school; or religious. group. A "sign" shall not include a sign located complete3y within an enclosed building. 3:131. SIGN. AREA:. The area of any .free standing sign or billboard shall be the surn of the areas enclosed by .the minimum imaginary rectangles, triangles, or circles which fully contact all extremities of the sign, including the frame but excluding any supports. Sign area for all other signs shall be the sum of the areas of the minimum imaginary rectangles, triangles,. or .circles which fully contain all words, aurribers, figures, devices, designs, o; trademarks by which anything is made known.. t6 ....rim 3:132. SIGN; BILLBOARD:. See "Billboard". 3:133. SIGN., FLASHING: A sign: which has illumination that is alternately turned on and off at a rate equivalent to or greater than twice an hour, excluding time and. temperature signs. 3:134. SIGN, FREE STANDING;. Any sign permanenty affixed to the ground and which is not affixed to a building and which. is not used for off-premises advertising. 3:135. SIGN HEIGHT: Sign height shall be the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign. 3:136. SIGI*l, ILLUMINATED: Any sign designed to give forth any artificial light, or designed to reflect light from one or more sources., natural or artificial. 3:137. SIGN, PORTABLE: Any sign not permanen tly affixed to the ground, a building or other ;fixed structure or object. Portable signs include those signs installed. on wheels, trailers, skids and similar mobile structures. 3:138. SIGN, ROOF: Any sign which erected upon or above a building roof or parapet. 3:139. SIGN, SETBACK: Sign setback shall be the. horizontal distance between a sign and the front lot line, as maasaarbd' from that part of the sign, including .its extrem)ties and supports; nearest to any point on any imaginary vertical plane projecting from fine front lot Tine. 3:140. SIGN, WALL: Any sign affixed flat against and parallel to a building wall and having the sign face not more than twelve (12) inches frotxi the wall surface. Neon tubing attached directly to a wa£1 surface shall be considered a "wall sign" For the gurposes of this definition, wall shall include window areas. 3:141. SITE PLAN: A detailed line drawing clearly describing the project and showing the following information:. a) Drawn to scale showing--scale used, north arrow, date and title of .project. b) Property lines; location and widths of all streets, alleys and easements. c) Preper dimensions on all fundatn+ental features such as lot, buildings, parking spaces, landscaped areas. d) The location of setback. lines, driveway openings and sidewalks. e) All proposed buildings, free-standing sign locations, parking areas and open spaces. f) All required- landscaping, together with a description of type of material to be used. g) A cross section. of any required or proposed screening. h) Total square footage of the develagmeat lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density of floor .area ratio where applicable; 17 ,~ .:. height of all structures; number of parking spaces; square footage and design features of all signs; garbage collection facilities. i) Name, address and telephone number of the proponent. See Section 36 for additional information on site plan requirements. 3:142. SPECIAL, EXCEPTION: A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location ar relation to the neighborhood, would promote the public health, safety, welfare, morals, order,. comfort, ctrnvenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if specific provision is made in this zoning ordinance. 3:143. STACK LOT: A lot used for the outside storage of used materials, machinery, or equipment and to which the general public is not normally invited. 3;144. STORY: That portion of a buildiag included between the. surface of any floor and the surface of the next floor above it, or if there be no floor. above it, then the space between such floor .and ceiling next above it. 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 the highest story having its interior float surface not more than four (4) feet above the curb level established or mean street grade or .average ground bevel, as noted in the definition of "Height" in this ordinance. The standard height fora story is eleven feet, six inchies (11' 6 ")_ 3:143. STORY, HALF: A story under a gable, hip or gambrel roof, the wall. plates of which at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story, and which has an average height of not more than eight (8) feel and covering a floor area of not more .than seventy-five percent (75%) of the area of the floor on the story next below. 3:146. STREET: A public way which extends.. primary means of access to abutting properties. 3:147. STREET OR THOROUGHFARE, LOCAL OR RESIDENTIAL: A street designed to serve properties .abutting and in the immediate vicinity of the .street, having a minimum right-o€-way width of sixty (60) feet in single family residential districts and seventy-five (73) feet in all other districts. 3:148. STREET OR THOROUGHFARE, MA70R: A street designed to serve the entire community or substantial. portions of the community, as well. as traffic of non-local origin and destination, usually having a minimum. right- of-way width of one hundred (100) feet. 3:149. STREET OR THOROUGHFARE, SECONDARY OR COLLECTOR: A street designed to serve an area roughly one quarter mile distant from each side of the street, having a minimum right-of-way width of seventy-five (75) feet: 1S a, . - , 3:150. STREET W1DTH: The horizontal distance between the side lines of a street, measured at right angles to the. side lines. 3:151. STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 3:152. STRUCTURE: Anything constructed or erected which requires location on .the ground or attached ta- something having a location on the ground, including but not .limited to advertising signs, billboards, and poster panels but exclusive of .customary fences or boundary walls. 3:153, TENT: ---A portable or temperary -cover or shelter, with or without side panels,. which is supported by poles arrd is made of canvas, plastic or similar materials. 3:154. TRAILER: Any portable or mobile vehicle an wheels, skids or rollers not structurally anchored to a foundation, either self-propelled, or propelled by an attached vehicle, animal, person or other propelling apparatus, which Is used or may be used for commercial hauling, or storage purpose. 3:155. TRAVEL TRAILER: Travel trailer and. vacation travel trailer are used synonymously and mean a vehicular portable structure designed for a temporary or short-term occupancy for travel, recreational and vacation uses, Such vehicle shall include travel .trailer, pick-up camper, converted bus; tent trailer or similar device used for temporary portable housing. These units shall be eight (8) feet or less in width and thirty-five (35) feet or less in length.. 3:156. TOXIC MATERIALS: Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. 3:157. UNCOVEREI3 PUBLIC PARKING LOTS: Any premises used for tltE purpose of parking motor vehicles for remuneration. No repairs or sales will be permitted on the premises. 3:158. USE: The purpose for which land or building is arranged, designed or intended, ar for which ,either land or building is or may be occupied or maintained. 3:159. USABLE OPEN SPACE: See-OPEN SPACE, USABLE. 3:160. VARIANCE: A modification yr variation of the provisions of this ordinance as applied to a specific piece of property, as distinct from rezoning. 3:161.VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a street or .highway, except devices moved by human power or used exclusively upon stationary rails or tracks. 3:1b2. WING OR EXTENSION: That part of a building projecting towards the rear lot lane, if any, but only if the width of that projection is less than one 19 ,~ half (1/2) of the total building width. Far the purposes of this definition, building width shall be the greatest. dimension of the building, as measured at right angles to the frost property line: 3:163. WHOLESALE: The sale of goods, merchandise, seraices and/or commodities for resale by the purchaser and does not offer retail sales to the general .public. 3:164. YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward,. except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard,. the least horizontal distance between the lot line and the main building shall be used. 3:165. YARD, FRONT: That yard between the front building line and the. front lot line. 3;166. YARD, REAR: That yard between the .rear building line and the rear lot line if any. 3:1.67. YARD, SIDE: That yard between the side building line and the side lot line, if any. _ _ 3:168. ZONING DISTRICT MAP: The map or ma-ps ineorparated into this ordinance as a .part hereof by reference thereto. 20 ,~ _. , . , SECTION 4 ESTABLISHMENT OF DISTRICTS AND BOUNDARIES For the gurpose of this ordinance, the City of Plainview is hereby divided into Classes of Use Districts as follows: A: Agricultural District R-1L: Single Family Residential District - 1L (8,500 sq. ft.) R-I: Single Family Residential District - 1 j7,040 sq. ft.) R-2: Single Family Residential District - 2 (6,000 sq, ft,) TF: Duplex and Garden (Pat io) Home Residential District SF-A: Singte Family Attached Residential District MF-1 MF-2: MH-1 MH-2 U: o: C-h• C-2s CB: C-3: M-L• M-2: PD• FP: D-II: Multifamily Residential District - 1 Multifamily Residential District - 2 Manufactured Housing (HUD Cade) Manufactured Housing (HUD Code) College and University District Office District Residential District Park District Commercial Neighborhood Service District Commercial Retail District Central Business District Commercial General Business District Light Industrial District Heavy Industrial. District Planned Development Dis rick Floodplain District (overlay district) Design - Historic. District (overlay district) The lactation and boundaries of the districts herein. established are shown. upon the Official Zoning. Map, which is hereby incorporated into this ordinance. Said Zoning Map, together with all notations, references, axed other information shown thereon,: and all amendments thereto, shall be as much a part. of this ordinance as is fully set"forth and described herein, Said Zoning Map, properly attested, is an file. in the City Council Chambers of City Hall of the City of Plainview. 21 ~, SECTION S . OFFICIAL ZONING MAP __ The boundaries of the Zoning Districts set out herein are delineated wpon the Zoning District Map of the. City of Plainview, said Map being a part of the ordinance as fully as if the same were set forth herein in detail. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk and having the Seal of the City under the following words:' "This is to certify that this is the Official Zoning Map referred to in Section 5 of .Ordinance No. 89-279$ of the City of Plainview, Texas, adopted July 11, 1989." 5:1. MAINTENANCE OF ZONING MAP The Official Zoning Map shall be kept in the City Council Chambers of City Hall of the City of Plainview and one (1) copy shall be maintained in the office of .the Zoning Administrator. It shall be the duty of the Secretary of the Planning and Zoning Commission to keep the Official Map current and the copies thereof, herein provided for, by entering on such maps any changes which the City Council may from time to time order by amendments to the Zoning Ordinance and Map. The City Clerk, upon the adoption of this ordinance, shall affix a certificate identifying the map in his office as the Official Zoning Map of the City. He shall likewise officially identify the copies directed to be kept by the Planning Commission and in the office of the Director of Planning. All amendments of the Map. shall. be made immediately after their enactment .and the date of the change shall be noted on the Certificate. The amending ordinance shall provide that such changes or amendments shalt not become effective unti they have been duly entered upon this Official Zoning Map. The entry shall be signed by the Mayor and attested by the City Clerk. 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 Official Zoning Map, The .new Official. Zoning Map may correct. drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have. the effect of amending ;the original Zoning Ordinance or any subsequent amendment hereof. The new Official Zoning Map shall be identified by the signature "of the Mayor, attested by the City Clerk and bearing the seal of the City under the following words: 22 ~ _ _., "This is to certify that this Official. Zoning Map supercedes and replaces the Official Zoning Map adopted as a part. of Ordinance N©. 89 279$ of the City of Plainview, Texas. " 5:2. No changes of any nature shall be .made in the Official Zoning Map or matter shown thereon except in conformity where the ,procedures set forth. in this ordinance. Any unauthorized change of whatever kind by _. any parson or persons shall be considered a violation of this ordinance .and punishable as provided under Section 41 of this ordinance. Regardless of the existence of other copies of the Official Zoning Map, which may from time to time be made or published, the Official Zoning Map which shall be located in the first floor lobby at City Ha11 shall be the final authority as the current zoning status of land and water areas, buildings and other structures in the Ctg. SECTION 6 TEMPORARY ZONING OF ANNE3IlJD TERRITORY All territory hereafter annexed to the City of Plainview shall be temporarily classified as "A" Agricultural District until permanent zoning is established by the City Council of the City of Plainview. The procedure. for establishing permanent zoning is established by the City Council of the City of Plainview. The procedure for establishing pernanent zoning of annexed territory shall .conform to the procedure established by this ordinance. In an area temporarily classified as "A" Agricultural District the following procedures shall apply: 1. No person shall erect, construct or proceed or continue with the erection or construction of any building or structure or cause the same. to be dune. in any newly annexed territory to the .City of Plainview without first applying for and obtaining a Building Permit or Certificate of Occupancy from the Building Official or the City Council as may be required herein. 2. No permit for the construction of a building or use of land shall be issued by the Building Inspector other than a permit which will allow the construction of a bttldng permitted in the ".A" District,. unless and. until such territory has been classified , in a zoning district other than the "A" DstrieY by the City Gouncl in the manner provided by law. 23 ~, _ _ __ SECTION 7 APPLICATIONS OF DISTRICT REGULATIONS 7:1. COMPLIANCE REOUB2ED All Land, buildings, structures or appurteaanees thereon Located within the City of Plainview, Texas, which are hereafter occupied, erected, altered, or converted shall be used, placed,. and. erected in coufiormance with the zoning regulations prescribed for the Zoning District in which such land or building is located except as hereinafter provided. 7:2. CREATION OF BUB_DIIVG SITE No permit for the construction of a building or buildings upon any tract or plot shall be issued unless the Blot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission and City Council and filed in the Plat Records of Hale County, Texas. 7 i 3. COMPLETION OF BUILDING APPROVED OR UNDER CON TR ION Nothing herein contained shall require any change in the .plans,. construction, or designated use of a building under construction at the time of the passage. of this Ordinance and which entire building shall be completed within one (1) year from the date of the passage of this odinance. 7:4. LOCATION OF DwELIdNG AND BUI[,DINGS Only ono main building for one-family or two-family use with. permitted accessory buildings may be located upon a lot or platted tract. Every dwelling shall face or front upon a public street, or approved place other than an alley, which street or approved place shall have a mdnmum width of twenty-two (22) feet:. Whenever two (2) or more main buildings, or portions thereof, are placed upon a single lot ar tract and such buildings wild not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission. No storage area or requixed open space. for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use. 7:5. RULES FOR TI-lE INTERPRETATION OF DISTRC'T BOUNDARIES Where. unccrtadnty exists with respect to the: boundaries of aby of .the aforesaid districts shown on the Zoning Map; the following rules shall apply: 1. Where district boundaries are indicated' as approximately following the center lines. of streets or highways, street lines or highway right-of-way lines, such center lines; street lines, or highway right- of-way lines shall be construed to be said boundaries.. 24 a, _ ~ 2. Where district boundaries are indioated as approximately following lot lines, such lot lines shall be construed to be said boundaries. 3. Where district boundaries are indicated as approximately following or parallel to a drainage course or other prominent physical feature, such drainage course, other prominent physical feature or parallel line shall be constnred to he said boundaries. 4. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall he construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such clmensian shall be determined by the use of the scale of said Zoning Map. S. Where district boundaries are so indicated that they are approximately perpendicular. to the. center line or right-of-way lines of streets, highways, or drainage courses, such district boundaries shall be construed to be perpendicular to said street, highways, or drainage courses. 6, If unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of .the scale appearing on the Map. 7, Where the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning Map, the sheets or alleys on the ground shall control. 8. The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street, unless as a condition. of zoning approval it is .stated that the zoning classification shall not apply to the street. 9. Where physical features. on the ground are at variance with information show-n on the official zoning district. map or wltea there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections 1 through 10 above, the property shall be considered as classified "A", Agricultural District, is the same manner as provided for newly annexed territory and the issuance of a building perrtt shall be in accordance with the provisions of Section 6 of this ordinance. 25 ~r , SECTION 8 USE OF LAND AND BUILDINGS 8:1. SCHEDULE OF USES ESTABLISHED Land and buildings in each of the following classified districts may be used for any of -the. following listed uses but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered, or concerted which is arranged or designed or used for other than uses specified for the district in which it is located as set forth by the following schedule. The following symbols are applicable to interpretation of the SCHEDULE OF USF_S: Y Designates use permitted in district indicated. (b 1 a n k) Designates use prohibited in district indicated. S Indicates use may be approved as Specit"rc Use Permit. note Indicates a special definition or explanation is applicable and is found in Section 9 of this ordinance. The number in the individual notes corresponds to the same. number in Section 9. A Agricultural District R-1L Single Family Residential District - 1L f8,500 sq. ft.) R-1 Single Family Residential District - 1 (7,000 sq. ft.) R-2 Single Family Residential District - 2 (6,000 sq. ft.) TF Duplex and Garden. .(Patio). Home Residential District SF-A Single Family Attached Residential District MF'-.1 Multifamily Residential District - 1 MF-2 Multifamily Residential District - 2 MH-1 Manufactured Housing. (HUD Code) Residential District MH-2 Manufactured Housing {HUD G'ode) Perk District U College and University District O Office District C-1 Neighborhood Service District C-2 Retail District CB Central Business District 26 _lm' _ - C-3 Commercial General Business District M-I Light Industrial District M-2 Heavy Industrial District PD Planned Development District FP Flood Plain District (AVerlay, district) D-H Design-Historic District (overlay district) 27 r _ , f r n r cn c n U U r r } r ~ m cn r r r } r N (/7 } y y V U O cn cn r _ r r ~ w ~ °' 0 ~ E `o _ r rn r cn ~ <n ° ~ ° y m W LL } } (n } } r cn r } (n j g y T J O a W fn Cn r r cn r r . m r ~ H ~ } o 2 o ,;, cn r ~ w ~ y cn r r r o N N m W ¢ ~ >- cn cn cn cn r r cn p - N r ~ r ~ E ~ O r (n r > ~ N J C *- r cn r ° S' C a r r r ~ N ° U O ~ r N m _V W ~ r aD T O .- N CA R ~ f0 I~ OJ ~ _ N O y O w m C '_ ~ C N C ~ ~ O O a c 3 > m ~ a ° .. s ~ j m N ~ 1] ~ m o CC o ° ~ N N O N C ~ o o ~° ~O ~ ~ Y c U .U U ° r o ~ r V ~ . = v N -_ O ~ ^ _ D _ O 6 V Q ~ R t 4 d C ~' CL C m ~ ~ _ ~ a N 3 - v m - N c C c .N N c C ~ p . 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NEW AND UNCLASSIFI'IED USES It is recognized that. new types of land. uses will develop and. unanticipated forms of Iand use may seek to locate in the City of Plainview. 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: I. In cases of uncertainty, the classification of any use not specifically named 'or identified in this ordinance shall: be referred to the Plartaing and Zoning Commission. The referral of the use interpretation question shall be accompanied by a statement -of facts listing the nature and description of the use. 2. 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 districts and determine the zoning -district or districts within which-such use should be permitted. 3. If the Planning :and Zoning Commission determines that the proposed use shotiid be added to the Schedule of Uses, the Contniission shall recommend the appropriate action to the pity Council. If the Planning and Zoning Commission. determites that the proposed use fits within the definition of a use currently listed in the Schedule of Uses, it shall transmit such finding,. together with appropriate parking requirement(s),. to the City Cottneil. The ..City Gourtcl shall hold .public hearings as required by this ordinance ar make such determinatota(s) as considered appropriate based upon its findings. 8:3. SUPPLEMENTARY REGULATIONS FOR PRINCIPAL U E r~ND P CIFIG USES 8.3.1 ARCADES L. An arcade may be permitted in accordance with the Schedule of Uses in a zoning district of not less than. thirty (30) contiguous acres by Specific Use Permit ohly. 2: No more than one (1) Specific Use Permit fnr an arcade shall be issued far a tract of land which is greater than thirty (30) acres in area, bui less than or equal to sixty (60) acres in area. 3. No more than three (3} Specific Use Permits €or arcades shall be issued for a tract of land regardless of its size. 4. An arcade shall be prohibited within three hundred (300) feet of any .public or parochial school, church, or hospital. 5. An arcade shall be prohibited withrn three hundred (300) feet of the boundary of a residentially zoned district, except that. this prohibition wh not apply. to property located .within three. hundred (300) feet of the boundary of a residentially zoned district if the City Council affirmatively finds that. issuance of the Specific Use Permit 37 ,~ would not be detrimental or injurious to the public health, safety or general welfare, or dtherwise offensive to the neighborhood. 6. The above .distances shall be determined by a measurement to be made in a straight line from the front door of the premises to be permitted to the. nearest property line. of the said church, public or parochial school, hospital, or residentially zoned district.. 8:3.2 DAY CARE CENTERS 1. No portion of a day care center site may be located within three hundred (300)' feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials. 2. Day care centers shall be located ad}acent to a street having a pavement width. of thirty-six (36) feet. or greater:. 3, Site plan approval by the Planning and honing Commission shall be required for all day care center sites, whether or not a Specific Use Fermit is required. 4. A day care center shalt be a permitted .use in an enclosed shopping mall exceeding 500,000 square. feet of gross leasable area, provided. the center shall be located within the interior of the mall. No exterior separate entrance or sgnage shall be permitted. Day care shall be provided for less than four. (4) hours per day for an individual person within a mall day care center. 5. A day care center shall be permitted by right as an accessory use in a single tenant commercial or industrial structure. 6. Day care centers located within any residential district except MF districts shall be required to plat iu multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum requirements and ir< no ease shall be approved in a configuration which could not be converted into standard lots for residential development. 7. All day care centers shall. comply with the following standards; a. All vehicular emrances and exits shall be clearly visible from the street. b. Afl passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be .provided. c. .The center must have an outdoor play_space of at least eighty (80) square feet for each child using the area at one time. d. No day care center shall be pain of a one-family or two-family dwelling. 8. Excepting the provisions of this section 8:3.2, all minimum standards of the Texas Department of Human Resources relative to day care centers are hereby incorporated into this ordinance. 38 8:3.3 CONSTRUCTION YARDS, FIELD OFFICES AND OTHF~ TEMPORARY BUILDINGS AND FENCES Temporary field or construction offices, temporary building material storage areas and temporary fences to be used solely for construction purposes in connection with the property on which they are erected may be permitted for .specific periods of time not to exceed eighteen (18) months when approved by the Zoning Administrator. Extensions may be granted only by the City Council. In no event shall such temporary uses continue to exist after the construction for which they were erected is completed, or when violations exist which require remedy. 8:3.4 MULTIFAMILY RESIDENCE 1. Courts - Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall. be a minimum distance of thirty (30) feet apart and no balcony or canopy shall. extend into. ,.such court area for a distance greater than five (5) feet. 2. No balcony or porch ar any portion. of a multiple-family bu%Iding may extend into a restuired yard except that. a roof may overhang such. yard not to exceed four (4) feet. 3. Additional Height Regulations The .height of atiy apartment building erected. on a lot adjacent to an area which is zoned for single family detached, patio home, or two-family dwellings or where single family dwellings of one (1) story in height exist shall be limited to one (1) story for a distance of sixty (60) feet from the single .family or two-family district boundary. Three (3) story apartment buildings may not be located closer than one hundred {ld0) feet from the single family, patio home, or two-family district boundary. Except i-n the CS dstrci, three (3) story apartments may nob be located closer the-n one hundred (100) feet to 'any exterior property line. 4. Usable Open S-.pace Each lot or parcel of land which is used for multiple-family residences shah provide on the wane lot or parcel of land usable open space (as defined in Section 3), in accordance with the table below: 3'9 ___ ~, USABLE QPEN SPACE REQLTIl2EMENT Number of Bedrooms Zoning' Districts or Sleeping Rooms. MF-1 MF-2 1 or Less 600 Sq, Ft. 500 Sq. Ft. Each Additional Bedroom Aver 1 30(3 Sq. Ft. 300 Sq. Ft. In those xtstances where a parcel of land has been zoned for multiple-family use with a Specific Use Permit or Planned Development. classification and the permitted densities do not conform exactly with those permitted in the 14IF-l or IViF'-2 Districts, usable open space shall he provided in accordance with that required for the multiple-family zoning district which most closely approximates the density permitted under the. SUP or PD. In meeting this requirement, a credit of three (3) square feet may be applied far each stluare foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten (10) feet of a pool; developed and equipped children's play areas; anal usable portions of recreational buildings. Tennis courts are speefically excluded from this. increased credit allowance.. At the time of site plan approval, the Planning and Zoning Commission and/pr City Council may allow a credit not ua exceed ten pcrcerrt (10'x) of the total required usable open space for adjacent aad immed-lately aceessible public parks. The combined credit for areas calculated at a three to-one basis and for public. parks shall not exceed fifty percent (50°hr) of the total usable open space for an individual. lot or parcel of land. At to time of site plan approval, the City Council may give full' or partial .credit for open areas that exceed the maximum slope, if it is determined. that- such .areas are environmentally sgnifican€ and that their preservation -would enhance the development. 40 8:3.5 PRIVATE. CLUBS i. Geographic Locations a. Private clubs. and privatc clublrestaurants may be located in the following use districts under the conditions as indicated.: (1) The Central Business District; or (2) Contiguous commercial zoning districts. collectively. comprising thirty (30) acres or more; or (3) Contiguous office zoning districts collectively comprising thirty (30) acres or more; or (4) Cornmercial, central business,. or light industrial districts when operated as a secondary use in a hotel, motel or in conjunction with a regional shopping mall occupying not less than twenty (20) acres; br (5)-Any district when in- conjunction with a country club or fraternal organization. b. .Private club/restaurants shall also he permitted in C-2 and C-3 districts within five hundred (5441) feet of 4he right-of-way line of Interstate Highway 27 between. State Highway 194 and U.S. Highway 70. e. A private club shall be prohibited within one thousand (1,000) feet of thh property lane of any church, public school, or public hospital, except that the prohibitit$ will not apply and a specific use permit may be granted to property located within one thousand (1:,400} feet of the boundary of a residentially zoned district if the Caty Council affirmatively finds that. denial of the specific use permit would constitute waste or inefficient use of land or other resources, would create an undue hardhip on an applicant for a license or permit, or would not be effective or necessary,. or that issuance of the permit would not be detrimental or injurious to the public health, safety or general welfare, or would be in 4he best interest of the community. A private club/restaurant shall be prohibited within three hundred (300) feet of the property line of any church, public school, Qr public .hospital, except that the prohibition will not apply and a specific use permit may be granted to property located within .three hundred (300} feet of the boundary of a residentially zoned district of the City Council affirmatively finds that denial of the specific use permit would .constitute waste or inefficient use of land or other resources, would create an undue hardhip. on an applicant for a license or permit, or would nat be effective ar necessary, or that .issuance of the permit would not be detrimental or injurious to the public health, safety or general welfare, or would be an the hest interest of the, community. d. A private club or a private club/restaurant shall be prohibited within three hundred (300) feet of the boundary of any residentially zoned district, except that this prohibition will not apply and a specific use permit may be granted to .property located within three hundred (300) feet of the boundary of a residentially zoned district if the City Council affirmatively finds that denial of 41 a, the specific use permit would constitute waste or inefficient use of land or other resources, would create an undue hardhip on an applicant for a license or perm-it, or would not be effective or necessary, or that issuance of the permit would not be detrimental or injurious o the public health, safety or general welfare, or would be in the best interes# of the community: e. AlT distances provided for in this section shall be measured in accordance with applicable laws of the State of Texas (V.T.C.S., Alcoholic Beverage Code, §104.33). The measurement of the distance between the place of business where alcoholic beverages are sold and the nearest property line of a residentially zoned district shall be from the. nearest property line of a residentially zoned district to the nearest doorway by which the public may enter the place of business, along street lines and in direct line across intersections. f. The following. limitations are established for the issuance of Specific Use. Permits for private clubs: {l) Far contiguous rclal, contiguous office, and contiguous light commercial .zoning districts within the City, but excluding a hotel or motel and a regional shopping mall ,of not less than 500,000 square feet, specific use permits may be issued in accordance with the following: { a } No more than two (2) specific uss permits shall be issued for an area which is greater than thirty (30) acres but less than of equal to sixty (60) acres. (b) No more than four (4) specific use permits sha1L be issued for an area which is :greater than sixty (6oj acres but less than or equal to eighty (80) acres. (c) No more .than six {fi) specific use permits shall be issued for an area regardless of its size. (2} A regional shopping mall occupying not. less than twenty acres shall be issued not more than three (3J specific use pzrmits. (3) A hotel -or motel shall be issued not more than one (1) specific use permit. (4) Fot contiguous Central Business districts collectively comprising thirty (30) acres or more, a maximum of two (2) specifrc use permits may be issued far each thirty (30} acres of land. (4} A country club or fraternud organization shall not be issued more thaw one (1) specific use getmit for sale of alcoholic beverages. 2. Fond/Beverage Ratios For any private club/restaurant, sixty-five (65) percen# of gross receipts shall be derived from the. sale of food, subject to an annual audit. provided at the expense of fihe permittee for review by the City Council, said audit to be provided within thirty (30) days of the end of the establishment's fiscat year, The auditor shall be selected by the City. h2 i~-. ~ ,_. 3. Minimum Seating a. The permitted private club. shall captain a designated minimum of sixty (60) seats. allowing a minimum of fifteen (15) square feet per chair. If. a booth space is used in meeting the minimum seatipg requirement, no more than one space per twenty .four (24) inches of bench length shall be used to satisfy the requirement. b. A private club/restaurant .shall contain a designated minimum of .fifty (50) seats allowing a minimum of fifteen (15) square feet per chair. If a booth. space is used in meeting the minimum seating requirement, no mare than one space per twenty four (24) inches of bench length shall be used to satisfy the requirement. 4. operation Regulations a. A private club or private club/restaurant may provide inside service only; no drive-in curb service or drive-through service shall be permitted. b. Serving bars in private clubs or private club/restaurants shall not be visible to the outside public from any street .right-of-way. c. Any area in which alcoholic beverages are sold shall. be designed such that patrons can only enter from an area within the primary area, i.e., lobby, waiting area, dining room, exc. Emergency exits directly to the outside of the area or building are permitted. d. There shall be no exterior signs advertising the sale of alcoholic beverages, provided this does not prohibit the use of established trademark names. e. Private clubs and private club/restaurants may.. serve alcoholic beverages during hours allowed. by and consistent with the relevant sections of .the Texas Alcoholic Beverage Code. f. The permittee shall comply with the relevant provisions of the Alcoholic Beverage Code and receive a private club permit. from the State of Texas rvihin six (6} months from the date of issuance of the speei#ic use pernjit by the City Council, such limitation in time being subject to review and possible extension by the City Council. g. The Specific: Use Permit for a private club, at the option of the City, shall be subject to a periodic review.. After notice and public hearing the .City Council may suspend or revoke a Specie Use Permit for a private club for failure to meet the specifications of this ordinance or, any other ordlnatrce. Should the City act affirnratively to revoke ar suspend the permit, the City Manager shall advise the Texas Aleolmiic Beverage Cnrnmissan of the action 43 _,r _ i . taken and request cancellation. of the state permit to .serve alcoholic beverages. S_ Site Plan and Interior Design a. A site plan shall accompany all applications far private. clubs and private club/restaurants, (See Section 36 for site plan requirements.) b. A private club or private club/restaurant shall submit a floor plan including location of all waiting areas reflecting the appropriate number of seats, kitchen„ storage and serving areas far ail food and alcoholic beverages and dance floor, if arty. c. The City may impose additional requirements which the City Council determines at the time of granting the permit are necessary o protect and provide for the health, safety and general welfare of the commurity. 6, All specific use permits approved in accordance with the provisions of this Section 8.3.5 shall only be issued to the applicant whose name appears on the application and shall be valid only as long as the said applicant owns rite private club. Upon notification that an existttg private club has cease$ or will cease operations, a public hearing may be initiated by the City Council to consider rescinding the specific use permit which had been approved for that private club. Any cessation of the use granted by the specific use permit for a period ionger than orte hundred eighty (180) days shall regairc the owner to reapply for said' permit. 8:3.6 IIEl,IPORTS, I3II:.IST©PS ANI) AIRPORTS 1. No heliport or helistop shall be located within one thousand (1,000) feet of any church, school, hospital, library, public .park or within one thousand (1,000) feet of any residential zoning district . or within one thousand (1,000) feet of any lot, tract or parcel upon which a residence or dwelling. is located The measurement of .the one thousand (1,000) feet is to be made lit a straight horizontal line from the edge of the heliport or helistop pad to the closest prohibited property line, provided that this provision shale not apply to those hospitals which maintain a helistop f©r medical emergency- fl>ght purposes. 2. Notwithstanding the foregoing, the City Council may approve a proposed heliport or„helistop situated teas than one thousand (1,000) feet from the above delineated property if the Council first finds as a matter of fact that all of rite fallowing criteria have been. met: a. Structures or natural terrain features between the proposed heliport or helistop and any such property within thee. one thousand (1.,000) foot requirement lessen .the noise impact of sack heliport or helistop operations upon such property to a level lower than the level which would. be experienced if the heliport 44 mr ~ or helistop were located one thousand (1,0(?0) feet .from all such property with. no structures or terrain intervening; b. The Federal Aviation Administration has approved approach and departure paths. for the proposed heiiport or helistop which require all departures to be made at ,ar angle of more than ninety (90) degrees from any boundary of any such property which is less than one thousand (1,000) feet from the proposed heliport. or helistop; and c. That no substantial adverse impact exists an residences or businesses within the one thousand (1,000) foot requirement. 3. All Specific Use Permits issued for airport, heliport,. or helistop shall be conditioned that the permittee or his assigns be in compliance with the Zoning Ordinance, and all other applicable City Ordinances. The City may also provide other conditions and restrictions which the City Council. .determines, at the time of granting the Specific Use Permit, are necessary to pratec2 and provide for the health, safety and general welfare of the community. After a hearing. and an opportunity for the permittee or his assigns to be heard, the City Council may cancel, revoke or suspend a Specific Use Permit granted hereunder if it finds that any of the conditions imposed at the time of the granting. of the permit are not met or thereafter cease to exist. 4. Although the City Council may review a Specific Use Permit at any time, it .shall review each permit granted hereunder (except those issued in conjunction with an airport) at least once every two years to determine whether or not .the permittee or his assigns. has complied and is complying with the conditions imposed in the permit. The City Council may deny or revoke a permit hereunder if it should find that the issuance or continuance of the same would be detrimental or offensive to the neighborhood or otherwise contrary to the health, safety and general welfare of the City and its inhabitants or if the permittee is unable to meet the conditions specified herein. 8:3.7 12ADlfl, TEL~VfS1ON, AND 1v1IGROWAVE TOWERS 1. No radio, television, or microwave .tower shall be located wthir a distance equal to at least the height of such tower from any residential structure or from ..any area zoned residential, or shown as residential on the current Comprehensive Plan.. Such distance shall be measured as the shortest possible distance.. in a straight line fram- .the closest point of the tower to the. closest .point of such area. or residence. Notwithstanding 'the foregoing such uses may be located in closer proxitnty by Specific Use Pertnt. 2. No' commercial radio, televisor, ar microwave reflector antenna support structure shall be closer to nay resid ential district boundary line or any area shown a s residential on the current Comprehensive Plan char a distance equal to the sum of the required .yard speci=fled for the zoning district in which such building nr structure is heated, 45 ~, plus 25 feet,. plus twice the height. of the portion of the stracture above two (2) stories. Such distance shall be measured as the shortest possible distance in a .straight line .from the' structure to the closest point of such area or residence. 3. The location of radio, television, or microwave :reflectors, antennas, or support structures and associated foundations and any support structures: and associated foundations and any support wires shall be prohibited within any required front or side yard. ~ 4. All commercial communication operations or radio, television, or microwave reflectors, antennas, or structures shall be prohibited in residential districts. 5. All commercial signs, flags, lights and .attachments other than those required for communications operations, structural stability, or as required far. flight visibility by the Federal Avlat-ion Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited. 8:3.8 RESIDENCE HOTELS Residence hotels shall be designed to allow for .their potential conversion to multifamily residences and as such shall comply with all minimum .standards set forth in Section 8;3.4. Residence hotels constructed in the MF-2 district shall comply with the MF-2 district requirements, Open space shall be provided in sufficient quantity and. locations to atiow for required additional parking should the residence hotel convert to multifamily residences. The remaining .open space will still maintain the minimum district standards. 8:3.9 CAB WASHES Car washes shall be sct back a minimum of fifty (50) feet from any front, side or Back yard adjacent to a residential. district. 8.3.10 TEMPORA~tY HATCHING PLANES Temporary botching plants are. permitted in aay district by permits issued by the Zoning Administrator. Said permit shall conform to local and state health regulations, air. quality controls, and safety standards and shall be for a definite period of time at a location to be specified 1#y the Zoning Administrator. 4fi in _ _ i SECTION 9 SPECIAL DEFINITIONS AND EXPLANATIONS: NOTED IN USE REGULATIONS The following.-definitions and explanatory notes supplement, restrict, and define the meaning and intent of the use regulations as set forth in Section. 8, Use of Land and Buildings... 9:1 1.1. BOARDING OR ROOMING IIOUSEc A building other than a hotel where lodging and/or meals For three (3) or more persons but not to exceed eleven (11) persons, are served .for compensation. 1.2. DORMITORY: A building in which housing is pravi,ded for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel., motel or rooming house. A dormitory may provide apartment units .for guests, faculty or supervisory personnel an a ratio not to exceed one such apartment unit for each fifty (50) students for which the building is designed. Individual roams or suites of rooms may have cooking facilities. The dormitory may include facilities such as a commissary and~or snack bar, iounge and study area, dining halls azrd accessory kitchen,. recreation facilities and laundry, provided that these facilities are far :the benefit and use of the occupants and their guests and not open to the general public. 1.3. GARDEN (PATIO) HOME: Afree-standing, detached structure used for residential purposes, built in accordance with standards set out in Section 8:3.10. 1.4. GUEST HUUSES: Living quarters within a detached accessory building. located on the carne premises with the main building, for use by temporary guests of the occupants of the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling, 1.5. MANUFACTURED HOUSING, HUD C@DE: A structure, constructed. on or after Tune 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (I) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or mare in length, or, when erected on site,. is three hu=ndred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with ar without. a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air- coaditioning, and electrical systems. All references in this ordinance to manufactured housing or manufactured ltome(s) shall be references to HUD Coda Manufactured Housing, unless otherwise specified. l.fi. MANUFACTURED HOME (HUD CODE) PARK: Any tract of land under single ownership of not less than eight (S) acres and not more. than twenty-five (25) acres approved for occupancy by manufactured 47 ,~ ~. housing and accessory structures related ,thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the City of Plainview relating to .the location, use construction, operation, or maintenance of manufactured housing. 1.7. MANUFACTURED HOME (HUD. CODE) SUBDIVISION: A tract of land of not less than twenty (20) acres which has been €inal platted of record in its entirety in accordance with the City of Plainview Subdivision Regulations and in accordance with the "Specific Use" section of the Zoning Ordinance.. 1.8. MOBILE HOME: A structure constructed be€ore 3une 15, 1976, transportable is one ar more sections which, in the traveling mode, is eight (8) body feel or more in width or -forty (40) body feet or more in length, or, when erected on site, is three .hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling whit or without a germancnt foundation when connected to the required utilities, and tncludcs the plumbing,. hooting, air-conditioning, and electrical systems, 1.9. MOTEL, MOTOR HOTEL, OR MOTOR LODGE: A building or group of buildings designed for and occupied as a temporary dwelling place, providing four (4) or more room units for compensation, and where an office and register is maintained separately and apart from any .af the rooms or units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. A motel, motor hotel, ar motor lodge may include restaurants, club. rooms, banquet halls, ballrooms and meeting roams as accessory uses. 1.10: MULTIPLE FAMILY RESIDENCE: Any building or portion thereof which is designed, buih, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or wliich is occupied as a hQtne or glace of residence by three (3) or mare families living in independent dwelling units. 1.11. RESIDENCE HOTEL; Amulti-dwelling unit extended stay. Ivdgng facility consisting of efficiency units at suites with a complete kitchen suitable for long terns occupancy. Customary hotel services such. as linen, maid servcce, telephone, and upkeep of furniture shall be provided. Meeting room, club pause and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined in Lhis ordinance. 1.12. RETH2EMENT HOUSING: A development providing dwelling. units specifically designed for the needs of ambulatory retired persons. The following subsidiary, uses .Shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general. public: a) cafeteria and/or dining room b) library c) game roofn d) swimming pool and/or Jacuzzi e) exercise room f) arts and cFafts facilities 48 g) greenhou e h) housekeeping service i) transportation service j) snack bar with a maximum of 350' square feet per 100 dwelling llflItS k) beauty barber shop with a ntaximum of 250 square feet par 1x00 dwelling units or a maximum of 450 square feet per 100 dwelling units 1) convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide far sale of food items, non-prescription drugs, .small household items, and gifts. 1..13. SERVANT'S,. CARETAKER'S C)R GUARD'S RESIDENCE: An accessory building or portion of an accessory building located on the sonic lot or grounds. with the .main building, containing not more than one set of kitchen and bathroom facilities and used as living quarters for a person. or persons employed on the premises for not less than fifty percent (50%) of his or her actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such servant's quarters shall not exceed six hundred {600) square .feet. 1.14. SINGLE FAMILY DWELLING, ATTACHED: A dwefling that is part of .a structure containing. three (3) or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of twenty {20) feet, in which each dwelling is located on a separate platted lot. 1.1$. SINGLE FAMILY DWELLING, DETACHED: A detached building designed exclusively for occupancy by one (1) family. 1,16. TOWNIIOUSE OR ROW DWELLINGt One of a series of not less than three. (3) nor more than ten (10) attached one (1) family dwellings under common roof with common exterior wall, and separated from one another by single partition walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit. 1,:17. TRAVEL TRAILER PARK: Any tract of Iand under .sin-gle ownership,. ten (10) ages or more, where aeeom-modation is prQVided far travai trailer use. 1.1~. TWO-FAMILY DWELLING: A building designed for occupancy by two (2) individuals or families living independently of each other within separate units which have a common wall and are under one. {1) roof. 1,19. ZERO LOT LINE HOUSE: A residence allowed to have little of no side yard on one side, where the wall on that .side has no doors, windows ar other openings and which otherwise gaalifes far a one-hour fire rating as defined in the building code. 49 ~,,- ~, 9:2. EDUCATIONAL. INSTITUTIONAL AND SPECIAL USES 2.1. CHURCH, RECTORY OR PLACE OF WORSHIP: A building for regular assembly far religious worship which is used primarily. for such purpose and those accessory activities which are customarily associated therewith, and which may also include a place of residence for ministers, priests, rabbis, teachers, and directors on the premises. 2.2. CIVIC CENTER: A building or complex of buildings that houses municipal offices and services and .which may include cultural, recreational, athletic, convention and/or entertainment facilities owned and/or operated by a governmental agency. 2.3. .COLLEGE OR UNIVERSITY: An institution estabiished for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools. 2.4. CQMMUNITY CENTER, PUBLIC: A building or buildings dedicated to social and/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. 2.5. COMMUNI'T'Y CENTER, PRIVATE: t1 building or buildings dedicated to social andfor recreational :activities serving residents. of a subdivision or development which is operated by an association or incorporated group. for their use and benefit; not to be a commercial, for profit, business. 2.6. CONTINUING CARE. FACII.ITYc A place as defined in the. Texas Continuing Care Facility Disclosure and 12ehabiltation Act in which a person provides board and lodging, together with. personal care services,. and nursing services, medical. services or other health-.related services, r-egardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or €or a period o€ more than one (I) year, such individual or indlivduals being cared 'foi• not being related by consanguinity or affinity to the person providing the care. (Also see HOUSEHOLD CARE FACILITY, HOUSEHOLD CARE INSTITUTION and PERSONAL CARE HOME) 2.7. COUNTRY CLUB (PRIVATE): Aland area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts, and similar recreational or service facilities available only to members and their guests. 2.8. DAY CARE CENTER:. A child care facility providing caze, training, education, custody, treatment or supervision for less than 24 hours a day for more than twelve (12) children. The term "day care center" shall not include overnight lodgin-g, medical treatment, counseling or rehabilitative services and does Oat apply to -any school. No portion of the day raze center site may be 4ocated within three hundred (~0) feet of gasoline pumps or underground'. gasolire storage tanks,. or any other 50 ~ _. _ i _, storage area for explosive materials. Site plan approval by the Planning and Zoning .Commission and City Council shall be regaired for all day care center sites. (Also see REGISTERED FAMILY HOME,) 2.9. EXHIBITION AREA:. An area or space either outside or within a building for the dsglay of topic-specific goods or information.. 2.10. FAIRGROUNDS: An area where- outdoor fairs, circuses or exhibitions are held. 2.11.. FAMILY HOME: A community-based residential home operated by either the State of Texas, a non-profit earporation, a community center organized pursuant to State statute, oz an entity. whirch is certified by the State as a provider for a program for the mentalry retarded. Family homes .provide care for persons who. have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a family home, a home must meet the following _ requirements: - a. Not tnore than six (6) disabled persons and. two (2) supervisory personnel may reside in a family home at the same time. b, The home must provide food and shelter, personal guidance, save, habilitation services or supervision. c. All applicable licensing requirements must be mat. 2.12. FARM, RANCH, OR ORCHARD: An area of five {5) acres or more which is used for ..growing of usual farm. products andfor raising of usual farm poultry and farm animals and including the necessary accessory uses for raising, treating, and storing products raised: on the premises, but not including the commercial feeding of offal or .garbage to swine or other animals and noc including nay type of agriculture or husbandry specifreally prohibited by ordinance or lave. 2..13. FRATERNAL ORGANIZATION, LODGE, OR CIVIC CLUB: An argani~ed group having a restricted membership and specific purpose related to the welfare of the members. 2.14. GOLF COURSE: An area of twenty (20) acres or more improved with trees, greens, fairways, hazards and which may include clubhouses. 2.15. GREENHOUSE: A building 'consisting of glazed frames or sashes, often artificially heated and/or cooled,. used as location for cultivating .plants. 2.16. HOSPITAL (CHRONIC CARE); LONG TERM HEALTH CARE FACILITY: An institution providing in-patient hearth, personal care oz rehabilitative services over a long .period of time to persons chronically ill, aged or disabled due to injury or disease and which rs licensed. by the State of Texas. 2.17. HOSPITAL (ACU'T'E CARE): An rrstitutian where sick or itt}.urad patients are given medical or surgic.aT treatment intended to restore them to .health and an active life and which is licensed by the State of Texas. S1 ~, . i 2..18. .HOUSEHOLD CARE FACILITY: A dwelling unit which provides residence and care to not more than nine (9) persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused or neglected children; victims of domestic violence; or rendered temporarily homeless due to £ire, natural disaster or financial adversity, living together with net more than two supervisory personnel as a single housekeeping unit. (See also HOUSEHOLD CARE INSTITU'T'ION, PERSONAL CARE I30ME and CONTINUING CARE FACILITY,) 2.19. HOUSEHOLD CARE INSTITUTION: A facility which provides residence and care to ten (l0) or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused or neglected children; victims of domestic violence; convalescing from illness; or rendered temporarily homeless due to fire, natural disaster or financial adversity, living together with .supervisory personnel. (See also HOUSEHOLD CARE FACILITY, PERSONAL CARE HOME and CONTINUING CARE FACILITY.) 2.20. KENNEL: Any lot or premises on which four (4) or more dogs, eats or other domestic animals more than four (4) months of age are housed or accepted for .boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received.. 2.21. NURSERY: A place where trees, shrubs, or flowering plants are raised in order to be transplanted or propagated. (Also see GREENHOUSE.) 2.22. NURSERY SCHOOL, KINDERGARTEN: A child care :facility o€fering a program four (4) hours or less per day for children who have passed their second birthday but who are under seven years old. 2:23. PARK, PLAYGROUND, OR COMMUNITY CENTER (PUBLIC): An open recreation facility or park owned and operated by a public agency and available to the general public. 2..24. PARK, PLAYGROUND, OR COMMUNITY CENTER (PRIVATE)¢ A privately owned park, playground, open. apace or building dedicated to recreational activities, maintained by a community club, property owner's association or similar organization. 2.25. PERSONAL CARE HOME (CUSTODIAL. CARE): An -owner=occupied, home-operated non-licensed facility for the elderly providing custodial care to not more. than three (3) individuals not related to the provider of such care. Custodial care is that type of care which assists elderly persons who are incapable of self-preservation because of physical. or mental limitations in performing routine daily. actlvities and which does not requite the continuing attention of trained medical or paramedical personnel: (Also see CONTINUING CARE FACILITY.) 2.26. PRIVATE GLUB: An establishment providing alcoholic beverage service, often but not necessarily in association with social and dinang facilities, to an association of persons, and otherwise falling within the definition of and .permitted under the provisions of that portion of Title 52 ~ _ I _. 3, Chapter 32, V:T.C.A, Alc©hoiic Beverage Code, as the same may be hereafter amended, and as it pertains to .the operation of .private clubs: 2.27. PRIVATE CLUB/RESTAURANT: An establishment providing social and dining facilities, as well as alcoholic beverage service, to an association of persons who by membership fall within the de€inition of and permitted under the provisions of that portion of 'T'itle 3, Chapter 32, V.T.C.A, Alcoholic. Beverage Code, as the same may be hereafter amended, and as it pertains to the cperaton of private clubs... The social facilities and alcoholic beverage service are incidental uses to the dining facilities. 2.28: REGISTERED FAMILY HOME:. A child care facility that regularly provides care in the caretaker's own residence for not more than six (6) children under 14 years of age, excluding the caretaker's own children, and that provides .care after school hours for not more than six (6) additional elementary school siblings of -the other children given care, but the total number of children, including. the caretaker's own, does. not exceed twelve (12) at any given time. (Also see DAY CARE CENTER:} 2.29. REHABILITA'T'ION CARE FACILITY: A dwelling unit which provides residence and care to not more than nine (9) persons., regar~Iess of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct living together with not more than two supervisory personnel. as a single housekeeping unit. 2.30. I2EHABILI'FATION DARE INSTITUTION: A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a- tendency towards alcoholism, drug abuse, mental illness or antisocial or criminat conduct together with supervisory .personnel. 2:31.. REST HOME OR NURSING HOME: A private facIlTty for the care of children or the aged or infirrn or a place o€ rest for those suffering bodily. disorders. Such homes do not contain facilities for surgical care or the .treatment of .disease o-r injury, 2..32. SCHOQL, I'12IVATE (PRIMARY OR SECONDARY}: An institution of learning having a curriculum equivalent to public schools but. rat including specialty schools, such a!s dancing, music, beauty, mechanical, trade, swimming or commercial schools. 2.33.. SCHQQL, PUBLIC (PRIMARY OR SECONDARY): An izastitution under the sponsflrship of a public. agency which o€fers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of Texas but not including specialty schools, such as dancing, music, beauty, mechanical, trade,. swimming or commercial schools. 2.34. SCI-FOOL, TRADE OR COMMERCIAL: Establishments, other than public or parochial schools, private primary and secondary schools or colleges, .offering training or instruction in a trade, art, or occupation. 53 ,yt, ~ 9:3. TRANSPORTATION. UTILITY AND COMMUNICATIONS USES 3.1. AIRPORT: A place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers, and/or freight. 3..2. ELECTRICAL SUBSTATION: A subsidiary station in which electric current is transformed. 3.3. GA'S METERING STATION: Facility at which natural gas flows are regulated and recorded. 3.4. PUBLIC OR PRIVATE FRANCHISED UTILITY: Anon-public nutty requiring special facilities in residential areas or on public property such as heating, cooling, or communications not customariliy provided by the municipality or the normal franchised utilities. 3.5. RADIO, TELEVISION, OR MICROWAVE. COMMUNICATIONS OPERATIONS, AMATEUR: The transmission, retransmission, or reception of .radio,. electromagnetic, or microwave. signals for Private or personal use and not for the purpose. of operating a business and/or for financial gain. 3.6. RADIO, TELEVISION, OR MICROWAVE COMMUNICATIONS OPERATIONS, COMMERCIAL: The transmission, retransmission, or reception of radio, electromagnetic; or microwave signals primarily for the purpose of opdrating a business and/or financial gain. 3.7. RAILROAD OR BUS PASSENGER STATION: Any premises for the transient housing or parking of motor-driven buses or trains and the loading and unloading of passengers. 3.8. RAILROAD TEAM TRACK AND RIGHT-OF-WAY: A facilityLplace for the loading and unloading of materials on trains. 3.9. RAILROAD .TRACK ANI) RIGHT-017-WAY: Includes crack and .undeveloped right-of-way but does. not include railroad stations, sidings, team tracks, loading facilities, dock yards, or maintenance areas. 3.1Q. SERVICE YARD OF GOVERNMENTAL AGENCY: An area for the servicing and storage of certain vehicles, mechanical items or other property of a governmental agency. 3.11. SHOPS, OFFICE, AND STORAGE AREA OF PUBLIC OR PRIVATE UTILITY: The pole yard, 'r~taintenanee yard, and/or administrative office of the municipality or normal franchi ed utility. 3'.12. SOLID WASTE TRANSFER STATION: A facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site. 3.13. TELEPHONE EXCHANGE: Does not include gublic business facilities, storage, or repair facilities. 54 ~~ ~ __, 3.14. TRANSIT STATION OR TURNAROUNDt Passenger terminal or loading facilities for franchised private or publicly owned transit system. 9:A. AUTOMOBII.E AND RELATED SERVICE USES 4.1, AUTO LAUNDRY: A building or portion thereof containing facilities for washing automobiles using automated methods including chain conveyor, steam cleaning device ar other mechanical devices.. 4:2. AUTO LEASING: Storage and leasing of automobiles, motorcycles, and light load vehicles. 4:3. AUTO PARTS SALES (In building): The use of any building of .other premise for the 'display and sale of new or used parts for automobiles, panel trucks or vans, trailers or recreation` vehicles. 4.4, AUTO PARTS STALES (In open): The use of any land area for the display and sale of new or used parts foe automobiles, panel trucks or vans,. trailers or recreation 'vehicles. 4.5. AUTOMOBILE REPAIR, MA70R: General repair or reconditioning of engines and air-conditioning systems for motor vehicles;. wrecker service; collision services including body, frame or fender straghtening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under "automt~bile repair, miAOr"; and other similar uses. 4.6. AUTOMOBILE REPAIR, MINOR: Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; mitior- .motor services such as grease, oil, spark plug, and filter changing;. tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for light load- vehicles, but nat :including any operation named under "automobile repair major" or any other similar use.. 4.7. AUTOMOBILE AND TRAILER SALES AREA, .NEW:. Buildsing(s) and associ-ated open area other than a street or required automobile ,parking space used for the display or sale of primarily new automobiles and trailers, to be displayed and sold on premises, and where no rep-air work is done except minor reconditioning of the automobiles and trailers to be displayed and sold on the premises, and no dismantling. of automobiles or trailers for sale or keeping of used automobile and trailer parts or junk on the gremses. 4.&, AUTOMOBILE AND TRAILER SALES AREA, USED: 13uilding(s) and associated open area ottter than a street or required automobile peaking space used for the display and sale of used automobiles or trailers in operating :condition. and where no repair work is done except the minor adjustments of rite vehicles to be displayed. or sold on the premises. A SS - -tr - _ i used. car sales area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automo-.bale parts or junk an the premises. 4.9. AUTOMOBILE SERVICE STATION:. A building or place arranged, designed, used or intended to be used for the. primary purpose of dispensing gasolaae, oil, diesel fuel, liquified petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on- premise motor vehicle trade provided that the above services shall not be construed to include. major overhaul,. the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, daffereatial, radiator, springs; or axles; steam cleaning, body or frame. work, painting, upholstering and. replacement of glass. If the dispensing or offering for sale of auto fuel at retail is incidental, the premises shall be classified as a public garage. Service stations. shall not allow automobiles. which are inoperative or are being repaired to remain. outside such service station for a period greater than seven (7) days.. 4.10. AUTO STORAGE: The storage oa a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution,. or storage. 4.11. AUTOMOBILE WRECKING YARD DR JUNK YARD: Aay building, struetnre or open area :used for the dismantling ar .wrecking of auy type of used vehicles or the. storage, sale. or dumping of dis~mountt:d or wrecked vehices or their parts and aecessoxaes, including any. farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating .condition, including the commrercial salvaging, storage and scraping of any other goods, articles or merchandise. 4.12. BUS TERMINAL: Any premises for. the transient housing or parking of motor-driven buses and the loading aid unloading of passengers. 4.13. GAR WASH: Structure used to wash motorcycles, automobiles and light load vehicles. 4.14. PARKING LOT OR PARKING GARAGE, AUTOMOBILE: Area for parking light load vehicles. 4,15. PARKING LOT OR PARKING GARAGE, TRUCK: :Area for. parking heavy load vehicles. 4.16. QUICK OIL CHANGE FACILITY: A business engaging is the changing of oil, oil I"ilters and the chassis lubrication of motor vettricles. All new oil shall be dispensed from drums and all old o-il shall be kept in sumps until removed by pumper trucks:. 4,17. QUICK TUNE FACILITY: A business engaging in engine adjustment and manor part: replacement for motor vehicles, limited to spark .plugs, condensers, spark plug wires, distributor caps, distributor points, PVC valves, air cleaners; fan beks and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alternators, generators, Sb i radiators, water pumps or other major engine parts, brake shams or mufflers. 4.18. TRUCK AND BUS LEASING: The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work is done. 4. T4. TRUCK AND BUS REPAIR:. An establishment providing major and minor automobile repair services to heavy. load vehicles. 4:20 TRUCK OR MOTOR FREIGHT' TERMINAL=,: A building or area in which freight brought by motor truck. is assembled and/or stored for shipping in interstate and intrastate commerce by motor truck. 9:5. RETAIL AND SERVICE TYPE USE 5:1. AII2 CONDITIONING AND REFRIGERATION CONTRACTOR: A place from which a person performs design, installation, construction, maintenance, service, repair, alteration ,or modification or a product or of equipment in environmental nib conditioning, comet-ercial refrigeration, or .process cooling or heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, V.A.C.T., §8&61. 5.2a. AMUSEMENT, COMMERCIAL (Indoorjs An establishment providing for activities, services and instruction for the entertainment, exercise and improvement of fitness and health oi' customers, clients or members but not including hospitals, clinics, massage parlors or arcades.. Uses would typically include bowling alleys, lee or roller skating rinks, .racquetball and handball courts; indoor tennis courts, weight lifting and nautilus facilities, exercise areas, swimming pools and spas, bingo parlors, martial arts, classrooms and/or .practice areas, gymnasiums and indoor running or jagging tracks. 5.2b. AMUSEMENT, COMMERCIAL (Outdoor):: An Outdoor ataea Or srueture, open. to the. public, which. provides entertainment or amusement for a fee or admission charge, including but not li~ctiaed to batting cages, miniature golf, go-kart tracks and carnivals. 5.3. ANTIQUE S~IOP: A retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a buihling. 5.4. ARCADE: An establishment in which there are located six (6) or more coin operated skill or pleasure machines. (Also see Section 8.3:1,) 5.5. BAKERY AND CONFECTIONERY, :RETAIL SALES: A place for preparing, cooking, baking and selling of products on the premises. 5.6. BAKERY AND CONFECTIONERY WORKS, COMMERCIAL: A place for preparing, cooking or baking of products primarily intended for off- premise distribution. 57 lID, ~ 5.7. BANK, SAVINGS AND LOAN OR CREDIT UNION: An estahlishmettt for the custody, loan, exchange or issue of rxtoney, the extension of credit, aadfor facilitating. the transmission of funds. 5.7a. BARBER SLOP: A place wheFe barbering, as defined ~t Texas Barber Act, V.A.C.T., §8407, is practiced,. offercd, or attempted to be practiced, except when such place is duly licensed as a barber school or college. 5:7b. BARBER SCHOOL OR COLLEGE: A place of training for practice of barbering:, as defined in Texas Barber Act, V.A.C.T., §8407, meeting standards established in Section 9 of said Texas Barber Act. 5:7c. BEAUTY CULTURE SCHOOL, PRIVATE 6R COSMETOLOGY SPECIALTY SHOP: A specialized place of training,. as defined in the Cosmetology Reguatory Act, V.A.C.T„ §$451. 5.7d. BEAUTY SHOP: A place whore cosmetology; as defined in the Cosmetology Regulatory Act, V.A.C.T., §$45.1; is practiced. 5.$. BUILDING MATERIALS AND HARDWARE: Materials and hardwire customarily used in the construction of buildings and other structures. 5.9. BUSINESS SERVICE: Establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee- contract basis including but not limited to advertising agencies, computer programming and software services, and office equipment rental or leasing. 5..10: CABINET AND UPHOLSTERING SHOP: An establishment used for the production, display and sale of furniture and soft coverings for furniture. 5'.11. CLEANING, SMALL PLANT OR SIl(3P A custom cleaning shop not exceeding five thousand {5,000} square feet of floor :area or a pickup station: {Also see DRY CLEANING PLANT, definition 6.2 i~ this section..) 5.12. CLINIC, MEDICAL OR DENTAL:. t1 facility or station designed and used for the exazninaton and treatment of persons seeking medical care as out-paEients Soho do trot remain. on rite premises overnight. '5.13. CONVENIENL'E STORE: ~ retail establishment providing fore the sale of food items, non-prescription drugs, small household items, axed: gifts. Gasoline .and diesel fuel may be offered for sale provided they are not the prrmary source of incante for the store. and that no more thaxt six {6) pumps are offered. Maxnum sine of the establishment will be .no more than 2,500 square feet not including storage areas and administrative pffces. 5.14. CUSTOM PERSONAL SERVICE SHOP: Includes such uses as tailor, shoe repair, barber beauty shop, health studio, or travel consultant. 58 -Im~ - ~ 5.15. DANCE HALL: An establishment open to the public for entertainment, where dancing is permitted, with. alcoholic beverage sates prohibited. 5.16: DISCOUNT, VARIETY OR DEPARTMENT STORE: A retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area. 5.17. FEED STORE: An' establishment -for the selling of corn, grain aid other food stuffs for animals and livestock and including other iinplements and goods related to agricultural processes but not including farm machinery. 5.18, FLEA MARKET: A .site where space inside or outside a building is rented to vendors. on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work; small household. appliances, and similar merchandise, objects or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments,. retail sales establishments and auction establishments, 5.14. FLORIST: An establishment displaying plants, Flowers, floral supplies and similar items. 5.20. FOOD STORE: An establishment that displays and sells consumable goads that are not #o be eaten. on the premises. 5.21. FURNITURE, HOME FURNISHINGS AND APPLIANCE STORES: Retail stores selling goads used for furnishing the home, inclnding brut not limited. to furnittl=re, floor coverings, draperies, glass and chinaware, domestic stoves, .refrigerators and outer household electrical and gas appliaatc:es. 5.22. GARDEN . CENTER (Retail Sales); Location including land and buildings at wh ich plants, trees., shrubs, horticultural supplies and stnilar items are displayed for sale to tote .general public. All such displays shall be located behind the front yard line established in the district in which the, garden center is located. 5,23:.. GENERAL MERCHANDISE STORES: Retail stores which sell a number of lines of merchandise including but not. limited to dry goods;. apparel and .accessories, furniture and home. furnishings, smal wares, hardware and food: The stores included in this group are known as departatent stores, variety stores, general stores and other similar stares. 5.24. HOUSEHOLD APPLIANCE. SERVICE AND REPAIR: The maintenance and rehabilitation of appliances custoanarily used in the halve including but no-t limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners and hairdryers:. 59 __ _~ _: ~ 525, LABORATORY, SCIENTIFIC AND RESEARCH: Facilities for research including laboratories, experimental. equipment, and operations involving compounding or testing of materials or equipment. 5.2b. LAUNDRY AND CLEANING, SELF-SERVICE: An establishment including facilities for laundering and cleaning of clothing and similar items. do be operated by the patron; not a commercial laundry or cleaning plant. 5.2?. 1vIASSAGE ESTABLISHMENT: Any glace of business in which massage therapy is practiced by a massage therapist, as defined by State law. "Massage. therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term .includes but is not limited to effleurage (stroking), petrissage {kneading}, tapotement (percussion}, compression, vibration, friction, nerve strokes, and Swedish gymnastices, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower, or cabinet befits. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myotherapy, or any derivation of those terms. 5.28a. METAL DEALER, SECONDHAND: A place of business in w?hich a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered together or kept for shipment, sale or transfer, under terms and conditions found in V.A.C.T., §9009. {Also see JL1NI{ (?R SALVAGE YARD 52$b. METAL DEALER, CRAFi'ED PRECIOUS: A place of business in which a person engages in the business of purchasing and selling. era€ted precious metals, including jewelry, silverware, art objects, or any other thing or object made, in whole or in part, from gold, silver, platinum, palladium, iridium, rhodium„ osmium, ruthenium, or their alloys,. excluding coins and commemorative medallions, under terms and conditions found in V,A.C.T., §9tl09a. 529. MISCELLANEOUS RETAIL STORES: Establishments engaged tt the retail. sale of specialized lines of merchandise not elsewhere classified, including but not limited to apparel and accessories, handcraft and pastries. 5,30. OFFICE CENTER: A building or complex of buildings used primarily far conducting the. affairs of a business, .profession, service, industry or government or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand:. 5,3i. OFFICE, PROFESSIONAL OR GENERAL ADMINLSTRATIVE: A romst or group of rooms used for the provision. of executive, management or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering and business offices of public utilities, organizations attd association but excluding medical offices. 60 1, _ __ 5.32. OFFICE. - 3HOWROOIvI/WAREHOUSE: An establishment with a minimum of seventy five percent (75%©) of its total floor area devoted xo storage and warehousing not accessible to the public. The remaining area may include retail and wholesale sales areas, sales offices- and display areas for products sold and distributed from the storage and. warehousing areas. 5.:33. PAWN SHOP: An establishment where money is loaned on the security of personal property pledged in the keeping of the owner (p-awrtbroker). 5.34: PERSONAL SERVICE SHOP: An establishment primarily engaged in providing services generally involving the care of the person or his apparel including hut. not limited to barber and beauty shags, dry cleaning and laundry pick-up stations and reducing salons/health clubs. 5,35, PET SHOP: A retail establishment .offering small animals, fish, or birds for sale as pets and where all sash creatures are housed within the baildng. 5.36. PLUMBING; FIEATING, REFRIGERATION OR AIR CONDITIONING BUSINESS: An establishment primarily engaged in the sales, service or installation of equip-merit pertaining to plumbing, heating, refrigeration or air conditioning. (Also see AIR .CONDITIONING AND ItEh~ttGERATION Cf71VTRACTOR.) 5:37. PLUMBING SERVICE: The operation of a business which involves only retail sales and off premises service, installation and repair of units and fixtures-. The premises shall not include a workshop for repair or fabrication of parts, fixtures or units. Sheet metal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental. to retail sales, off .premises .service and repair only. No outside storage shall- be permitted. This section shalt not be interpreted to allow a plumbing, heating refrigeration. or air conditioning contractor or similar type wholesale operation: 5.38. PORTABLE BUILDING SALES: An establishment which displays .and sells structures which are capable of being carried and transported. to another location, not including mobile homes or manufactured housing. 5:39. POST OFFTE~S, GOVERNMENT AND PRIVATE: Local branch of the United States Postal Service or private commercial venture engaged' in She distribution of mail and incidental services: 5:4Q. PRINT SHt3P: An establishment which reproduces printed or photographic impressions including but not limited to the process of composition, binding, platemaking, microform, type casting, presswork, and printmaking. 5:.41. RACQUETBALL FACILITIES: Courts housed }n an acoustically- treated building and designed' for one (l) to Error (4) persons to play racquetball, plus subsidiary uses to include office, .pro shops, locker 61 ~~ i rooms„ sauna, exercise rooms, waiting area, child nursery, and r¢lated uses up to a maximum of forty percent (449oj of the total floor area. 5.42x. RESTAURANT OR CAFETERIA, WITH DRIVE-IN OR DRIVE-TIIROUGH SERVICE: An .eating establishment where service is primarily to customers at tables and net providing facilities for the consurnpton of food in automobiles on or near the restaurant premises but providing service to persons in cars. 5.42b. RESTAURANT OR CAFETERIA, WITHOUT DRIVE-IN OR DRIVE- THROUGH SERVICE: An eating establishment where service is primarily to customers at tables- and not providing facilities for the constuttption of food in automobiles on or near the restaurant premises. 5.42c. RESTAURANT (DRIVE-IN TYPE): An eating establishment where food or drink is primarily served to customers in motor vehicles. or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.. 5.42d. RESTAURANT (DRIVE-THROUCrH): An eating establishment which serves food only to persons in cars and which does not provide facilities for the consumption of food in automobiles on or near the restaurant premises. 5.42e. RESTAURANT/PRIVATE CLUB: See PRIVATE CLUB/RESTAURANT (definition 2,27 of this section). 5.43. RETAIL OIA SERVICE,. INCIDENTAL: The rendering of retailing or services incidental to the primary use. In an Office District, such uses include barber or beauty shop, smoke shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Such uses shall have no separate outside entrance and no outside. signage. 5.44.. RETAIL STORES AND SHOPS: Estabiishmeats offering all types of consumer goods for sale, but excluding rite display and sale in the open outside a buildings. of new or used aitomobles, heavy machinery,. building materials,. used. appliances., furniture, or salvage material's:.. 5.45. SERVICE, RETAIL: An establishment. engaged in the selling and/or servicing of goods where a minimum of eighty percent (&0%) of the floor area is devot$d to service, repair or fabrication of such goods: The service area must not be accessible to the general public. Automotive uses and rental stores are .specifically excluded.. 5.46.. SHOPPING. CENTER: A group of primarily retail and service commercial establishments planned,. constructed and managed as a total entity with customer and employee parking provided nn-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements. 62 ,~ .:., 5.4?. THEATER (OUTDOOR): An open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission. basis to patrons seated in automobiles. 5.48. TRAILER, MANUFACTURED HOUSING OR MOBILE HOME DISPLAY AND .SALES: The offering for sale, storage or display of trailers, manufactured housing or mobile homes an a parcel of land but excluding the nee of such facilities as dwellirtgs either on a temporary or permanent basis:. 5.49. TRAILER RENTAL: The display and offering far rent of trailers designed to be towed by passenger cars_ or other prime movers. 5.50. WASHATERIA: A building ar place where clothes and linens are washed and thoroughly dried by the use of not exceeding three (3) employees and four {4) automatic single family machines and where the operation of washing .and/or drying andfor mangle machines is done exclusively by the customer on a self-service basis, and where the ftael and power for the heating of water and drying shall be smokeless. and odorless. 9:6. D!1}>NUFACTURTNG STORAGE AND WAREHOUSING USFS 6.1, BOTTLING WORKS: A manufacturing facility designed to place a product into a bottle for distribution. 6.Z. DRY CLEANING PLANT: An industrial facility where fabrics are cleansed with substantially nonaqueaus arganc solvents. {Also see CLEANING, SMALL. PLANT OR SHOP, definition 5. T 1 of this section 6.5. GENERAL COMMERCIAL PLANT.: Aa establishment other than a personal service shop for the treatment and/ar Processing of products as a service on a for-profit basis including but not limited to newspaper printing, laundry -plant or cleaning and dying, plant. 6.4. .GENERAL .MANUFACTURING: Manufacturing of finished. products and component products or parts from the transformation., treaement or processing of materials or substances,. ixicluding basic industrial processing. Such operations must meet the performance starrdaFds, bulk controls and other requiretttents in this ordinance. 6.5. INDUSTRIAL PARK: A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesbltet~s and aompatibility. 6.6. JUNK OR SALVAGE YARD: A lit upon. which waste or scrap materials are boughE, sold, exchanged, stored, packed, disassembled, or handled, including but not. limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junk yard" includes an autonaobiie wrecking yard .and automobile. parts yard. A "junk yard" does nat 63 Ilf i include such uses conducted entirely within an enclosed building. (Also see METAL DEALER, SECONDHAND.)- 9:7 6.7. LIGHT MANUFACTURING: Manefacturng of finished products or parts, predominantly from previously prepared materials, n¢lndng fabrication, assembly, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing. 6.8. SELF-STORAGE, MINI-WAREHOUSE: A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units. 6.9. STORAGE OR WHOLESALE WAREHOUSE, LIGHT: A building used primarily for the storage of g-Dods .and materials and contaipng less than 5,000 square feet of floor space. 6;10. STORAGE OR WHOLESALE WAREHOUSE, HEAVY: A building used primarily for the storage of goods and. materials and containing more than 5,(100 square feet of floor space. ACCESSORY USES 7.1. ACCESSORY BUILDING OR USE; An accessory building or use is one which: (a) is subordinate to and serves a principal building or principal use; and (b) is subordinate in area, extent, or purpose to the principal building or principal use served; and (c) contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and (d) is located on the same building lot as the principal use served. 7.2. CONSTRUCTION YARD (TEMPORARY): A storage yard or assembly yard .for building materials and equipment directly related to a construction project and subject to removal al completion of construction and subject to same restrictions as Field Office. (Also see section 8:3.3.) 7.3. FIELD OFFICE: A building or structure, of either permanent or temporary construction, used in connection with a development or constnacton project for display purposes or €or housing temporary supervisory or adminisfirative functions related to development, coasiruetion or the sale of real estate properties within thin active development or construction .project. Permits for "temporary buildings" shall be issued for a .period of time not to exceed eighteen (I8) months. Extensions may be granted only by the City Council, Upon :due notice and hearing by and before the City Council,. any such permits granted may be revoked if the City Council finds the use of the buildiag or structure is contrary to the intent of this section or results in increased noise, traffic or other conditions considered to be a nuisance or hazard. (Also see Section 8:3.3 64 ~m~ - ., 7.4. CUSTOMARY HOME OCCUPATION; An occupation, profession, domestic craft or economic enterprise which is customarily conducted in a "residential. dwelling" as hereinafter defined, subject to compliance with each of the following conditions: a) "Residential dwelling" shall mean a detached building designed, used and occupied exclusively by members of one {1) family as a residence. b) That no person other than members of a family who reside in the residential dweiling be engaged in such occupation, profession, domestic craft or economic enterprise. c) That such use be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft or economic enterprise shall never exceed twenty-five percent {25%) of the total of the floor area of the residential dwelling. d) That, to prevent .increased traffic congestion in residential areas, no advertising of the occupation, profession, domestic .craft or enterprise be conducted by means of any commercial communication media, or by .the use of any other device such as a sign,. display, handbills, or other visilale indication thereof displayed inside or outside the residential dweiling. e) That. the residential dwelling shall maintain its resicientiai character and shall not be altered or remodeled in order to create any type of exterior commercial appeal. f) That no exterior storage of material, equipment and/or supplies used in conjunction. with such occupation, profession, domestic -craft or enterprise be placed, permitted or allowed an -the premises occupied by the residential dwelling. g) That there be no o€fensive noise, vibration, smoke, dust, odors, heat or .glare beyond the property lines. h) That such occupation, profession, doxiteste craft or enterprise be wholly within the residential dwelling and no accessory building be used in conjunction therewith, i 1 That no stock,. goods, wares or merchandise be sold or kept for sale on the premises. j) That only equipment be used in such occupation, profession, domestic craft or enterprise that is ordinarily used in a private home in alike amount. and kind. 65 ... - _ - s, _ , ,___ , ~ - -, _- ___ SECTION 10 "A" AGRICULTURAL DISTRICT REGULATIONS 10:1. PURPOSE To provide transition from a .rural to an urban setting for a1T newly annexed areas. 10:2.. HEIGHT' ItEGULATTONS Height regulations. are set Earth in Section 32. 10:3. AREA REGULATIONS Area regulations are set forth in Section 32. 10:4. PARKING AND LOAI?ING REGULATIONS Off-street parking and loading requirements are ser forth in Section 31. 10:5. USF IzF:GLii ATION' No building, structure; land or premises will be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered except for aue or more of the uses specified in Section 8 -USE OF LAND AND BUILDINGS. SECTION 11 "R-1L" SINGLE FAMILY RESIDIyNTIAL DISTRICT REGULATIONS 11:1. P I'QSE The purpose of this district is to provide areas for large lot, urban, single family development protected from excessive noise, illumination, odors; visual clutter and other objectionable influences to family living. 11:2 HEIGHT ItEGULATT NS Height regulations are set forth in Section. 32. 11:3 AREA REG TT ATIONS Area regulations are set forth in Section 32. 66 itr - 11:4. PARKING REGULATIONS Off-street parking spaces shall be provided in accordance with the requir€ments for uses set forth in Section 31. 11:5. USE{ R>GULA'~IQNS No building, structure, land or premises will be used and no building or structure shall hereafter he erected, constructed, reconstructed, or altered except for one or more of the uses specified in Section 8 -USE OF LAND AND BUILDINGS. SECTION 12 "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 12:1. 1?L7ILPOSE The purpose of this district is to pr©mote orderly- and proper development of single family residential units; to protect established and future single family residential developments from inharmaniods and harmful land uses; attd to provide a high quality environment for the residents of the district and city. 12:2 HEIGHT" RF.GULAITONC Height regulations are set forth in Section 32. 12:3 AREA REGULATIONS Area regulations are set forth in Section 32. 1.2:4. PARKING REGULATIONS Off street parking spaces shall be provided in accordance ~/ith the requirements for uses- set fortlt in Section 31. 12:5. LISE RF:GIi,ATiONS No building, stricture, land or premises will be used and no building or structure shall hereafter be erected,. eanstructed, reconstructed, or ahered except for one or snare of the uses specified in .Section 8 -USE OF LAND AND SUILDIIVGS. 67 ~, -.:. SECTION 13 "R-2" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 13~L PURPOSE The purpose of this district is to prot~ote stable, quality residential development of slightly increased densities. This district may include entire neighborhoods or, when ti{sed in accordance with the intent of the comprehensive. pion, may provide a "buffer" district between lower aad higher density residential districts. 13:2. HEIGHT REGULATIONS Height regulations -are set forth in Section 32. 13:3. AREA REGULATIONS Area regulations are set forth in Section. 32. 13:4. PARKING REGULATIONC Off-street parking spaces shall be provided in accordance with the rec}uirements for uses .set forth in 3ectou 31. 13:5. USE REGULATIONS No building, structure, land nr premises will be used and no building. or structure shall hereafter be erected, constructed, reconstructed, or altered: except for one or snore of the uses specified is &actian $ -USE OF LAND t1ND BUILDINGS: SECTION k4 "TF" DUPLEX AND .GARDEN (PATIO) HOME RESIDENTIAL DISTRICT REGULATIONS 14:1. PURPOSE The purpose of this district is to promote stable, quality residential development of slightly increased densities. This district may inelu&e entire neighborhoods or, when used in xeeordance with the intent of the comprehensive plan, may provide a "buffer" district between low- density. and hig}~-density districts or between. low density and non- residential districts. 6$ is' _ _ 14:2 I-IEIGHT REGUI_ATION3 Height regulations are set forth in Section 32. 14:3 AREA REGTILATIONS Area regulations are set forth in Section. 32. 14:4. PARKING REGULATION Off-street parking spaces shall be provided in accordance with the requirements for uses set forth in Section 31. 14:5. USE REGULATIONS No building, structure, land or premises will be used and no building or structure shall hereafter be erected, €onstructed, reconstructed, or altered except for one or more of the uses specified in Section 8 - SCEIEDULE OPUSES. 14:6. SPFCLAI USE RE 3i A'N'IONS FOR GARDFN (PAT1O1 HOMES 1. Location an Lot Garden (patio). home developments shall be developed as zero-Iot- line homes. One side yard shall be .reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten {10) feet shall. be provided. The combined area of all structures shall not exceed .sixty five (65} percent of the lot area. 2. Front Yard Setback Thee minimum front yard shall. be fifteen (15} feet,. provided that in no case shall a garage or carport fronting onto a street be less than twenty (20) feet from the property lime adjacent to the street. The front yard .setback may be staggered, varied or reduced to a minimum setback of ten (10) feet for lots facing cul-de-sac or loop streets not exceeding. four hundred (400) feet in length, with the approval of a site plan or subdivision .plat, lJnder this provision the maximum setback shall be twenty-fine {25) feet and a minimum. lot depth of sixty-five (65) feet, as measured from front building line. to rear lot line, shall be maintained. 3. Rear Yard Setback The minimum rear yard shall be five (5) feet for a single story structure and fifteen (i5) feet for any two story structure. If access is from an alley, the minimum setback will be twenty (20} feet for garages Or carp OT'tS. b9 ~~ 4. Side Yard Setback The minimum side yard shall be zero (Oj feet except that there shall be at least ten (10) feet of separation between structures. When garden (patio): homes are constructed with a zero (0) side yard, five (5) feet on the let adjacent to the zero (Oj -setback shall be dedicated as an access easement for the zero ;(Oj setback garden (patio) home. There- shall be a minimum of twenty (20) feet from any property line adjacent to a street. 5. Lot Frontage The minimum frontage of any gardea (patio) home shall be twenty five (25) feet on residential streets and thirty five {35) feet on collector and thoroughfare streets.. 6. Lot Area The minimum loi area for any development .Tot for gardea {patio) homes shall be two thousand eight hundred (2,$00) feet. 7, Maximum Length of Structures No zero lot line structure shall have an overall lenghh exceeding two hundred and fifty (250) feet. S. Maximum Height of Structures No structure shell exceed two (2j stories or thirty five (35j feet in height. 9. Parking. Two {2j off-street spaces per dwelling unit plus one-half (1/2) space per dwelling unit for visitor parking. within six hundred (600) feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the timo of site plan or subdivision plat approval with- a 1-ending that there is adequate on-street parking for visitors. 10. Common Area Maintenance To insure the long term maintenance of common land and facilities in patio home developments, the following shall be required: a. Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent care axi:d maintenance of open spaces,. recreational areas and other communally owned facilities. No such instrument shall. be acceptable until approved by the Citx Attorney as to legal form and effect. A Homeowners Association (HOA) is the mast widely accepted technique for managing commonly owned properly, Such 70 ~ _ _ i. association shall provide proof of incorporation prior to .issuance of a construction permit. b. The IIOA or other similar management entity shall be .organized as a non-profit corgoraiivn with automatic membership in the HOA when property is purchased. This shall be .specified in the. Covenants which run with the land and which bind all subsequent. owners. Eovenants for maintenance assessments shall also run with the .land. Included in the maintenance covenants shall be procedxres for changing them at stated intervals: Deeds shall also reference the rights and responsibilities of property .owners to the HOA. The HOA shall also be responsible for liability insurance, local taxes,. and the maintenance. of all commonly held facilities through the use of a pro-rata formula for all property owners. 1 i. Usable open Space Requirements Each parcel of land developed under patio home standards shall provide usable open space totaling fifteen percent (15%©) of the area of a patio home development. Such ogee space shall have a maximum slope of ten percent (111,) and shall be exclusive of street and alley rights-of-vray andfor easertrents, individually platted lots without open space easements, private yards and patios. The fifteen percent (15%) shall be computed on the percentage of total platted atria in a patio home subdivision, excluding right-of-way for mayor and secondary thoroughfares (as described in the current Comprehensive Plan). At the time 'of site. plan and/or subdivision plat approval, the Planning and Zoning Commission and/or laity Council may give full or partial credit for open areas. that exeeed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the .development. 12. Additional Landseaping In addition to any required landscapitig for common areas, the front yard .and parkway areas shall be landscaped and germanenxly maintained. 14:7 SPECIAL REGLTI-ATIpNS FQR DUPLEX DFV>iLt3Ph~lENT 1. Front Yards Front yards may be be varied under one,. but not .both, of the following provisions: a. The minimum front yard .may be reduced by a maximum of five feet if twenty-five percent (25~). of the street lengths. in the subdivision are curvilinear in designs In no case shall the required front yard be less than twenty. (2fl) feet. Tate >term "curvilinear in design" shall refer to any street segment which. is designed with a degree of curvature not less than three (3) degrees, thirty (30) minutes, and not greater than twenty-fwo 71 -ARC r, _ (22) degrees, fifty-five (55) minutes,. and which shall offset. a minimum distance of thirty (34) feet, said offset being measured perpendicular to the initial tangent line of the curve. Computation of percentage of curvilinear streets shall utilize the center line of .all interior streets, excluding streets with a right- of•way width greater than seventy (70) feet. b. The front yard setback may be staggered, varied or reduced to a minimum setback of twenty (24) feet, provided that the average setback for any block face shall be twenty five (25) feet. Under this provision no more than three adjacent lots may have a setback less than twenty five (25) feet. Where setbacks are varied, the- maximum 'setback shall be thirty (30) feet and a minimum 14t depth of seventy (74) feet, as measured from. front building line to rear lot line, shall be maintained. 2. Platting in Pairs a. Lots in Ute "TF" District may he platted in pairs such that a duplex may be placed on each pair of lots. The subdivision plat shall designate the pairs of lots and which lot l-nes are to be outside lot lines of each pair. There shall be anlg one (1) dwelling unit per lot and no dwelling unit shall cross a lot line. No single family dwelling may be constructed on one (i) of the designated pair of Pots. b. Where lots in the "TF" District are not platted in pairs, .the lots may be .further resubdivided into two (2) separate. lots (but no such further resubdvision shall be permitted) by metes and bounds survey prepared by a licensed surveyor. of the State of Texas, such resubdivision to aecom~plish the division of said lots into two (2) separate parcels so as to allow the separate use of each portion of the property as an individual dwelling. There shall be only one (1) dwelling unit per parcel and nst single family dwelling may be constructed on one of the resubdivided parcels.. 3. Separate Utilities All .utilities shall be provided separately to each duplex in a "TF" District such that each unit is individually metered. 72 -: SECTION 15 "SF-A" SINGLE FAMILY ATTACHED RESIpENTIAL DISTRICT REGULATIONS 15:1. PURPOSE The purpose of this district is to promote. high density single family developments and compatible land uses in harmony with lower density uses. The "SF-A" District is intended to provide developments with small individually platted lots for each residential unit and with a common usable open space system that is an integral part of the development. The regulations are designed to provide the occupants with safe and convenient housing within an aesthetically pleasing environment in proper relationship to adjacent land uses. When proposed development in this district is adjacent to any other residential district, the proposed development shall be designed to provide for maximum compatibility with the adjacent development. 15:2. HEIGHT REGULATION Height regulations are set forth. in Section 32. 15:3. AREA REGULATIONS Area regulations .are set forth in Section 32. 15:4. PARKING.REG n.ATIONS Off-street parking spaces shall be provided in accordance with. the requirements for uses set forth in Section 31, 1.5:5. USE RFC IL ATION No building, structure, land or premises will be used and no building or structure shall hereafter he erected, constructed, reconstructed, or altered except for one or more of the uses specified in Section S -USE. OF LAND ANI} BUII,DI3rTGS. 15:6. SPECIAL REGULATIONS 1. Minimum Lot Frontage The minimum lot frontage for each individual townhouse unit shall be twenty (20) feet ort "residential streets and thirty five (35) feet on collector and thoroughfare streets.. 2. LQt Area The minimum lot area for each ind idual townhouse unit shall be two thousand {2,000) feet. 3. Length Requirements '~3 __ __ . - ,ire, No complex of attached one family dwellings shall exceed two hundred fifty (250) feet in length. 4. Side Yard Requirements A minimum required side yard of fifteen (15) feet shall be provided at the end of each single family attached dwelling complex so that the ends of any two adjacent building complexes shall be at least thirty (30) feet apart. 5. Usable Open Spaee Requirements Each lot or tract of land used for single family attached residences shall. provide usable open space totalipg twelve percent (12%) of the area of the lot or .tract. The usable open space shall have a maximum slope of ten. percent (10%) and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The twelve percent (12%} shall be cornputed as a percentage of total platted area of an "SF-A" subdivision,. excluding rights-of-way for major and secondary thoroughfares (as described in the current Comprehensive Plan}. At the time of site plan and/or subdivtsian plat approval, the City Council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas. are environmentally or aesthetically significant and that their existence enhances the development. 6. Street Names Whenever street names are to be given to :public streets or private drives in a single Family .attached development, such street names shall be approved with approval of a site plait or final plat.. SECTION 16 "MF-1" MULTIFAMILY RESIDENTIAL DISTRICT REGULATIONS 1:6:1. P <SE The purpose of this district is to promote medium density, multiple occupancy developient of not_more than fifteen (15) units per acre. The regulatipns are designed to promote family. oriented development which provides the occupants with the proper environmental .quality and compatibility with lower density development. The purpose of this district is not to isolate multifamily units, but to encourage compatible residential land uses thtough effective planning and urban design. When adjacent to any other residential district, the proposed development in this district shall be so designed to provide for maximum 74 im, _, compatibility with adjacent development. Architectural design, landscaping, screening and parking areas shall be properly provided to insure maximum protection of lower density uses. "MF-1" Districts should be located .along or near major thoroughfares. 16:2. HEIGHTREGITiATIGNS I3eight regulations are .set forth in Section 32. 16:3. AREA RFG II_ATIONC Area regulations are set forth in Section 32. 16:4. PARKING REGULATInN. Off-street parking spaces shall be provided in accordance with the requirements for uses set forth in Section 33. 16:5. USE REGiTLATIONS No building, structure, land or premises will he used and. no building or structure shall hereafter. be erected, constructed,. reconstructed, or altered except. for one or more of the uses specified in Section 8 -USE OF LAND AND BUILDINGS. .See Section 8:3.4 for additional regulations. SECTION 17 "MF-2" MULTIFAMILY RESIDENTIAL DISTRICT REGULATIONS 17:1. PUR O. EP S The purpose of this district is to promote medium density, multiple occupancy development of not more than twenty three {23) units per acre. The regulations are designed to promote family ar.en=ted development which provide s the occupants with the proper environmental quality and compatibility with lower density development. The purpose of this district is not. to isolate multifamily units, bur to encourage eornpatible residential land uses through effective: planning and urban . design. When :adjacent to any other residential district, the proposed .development in this district shall be so designed to provide for maximum compatibility with ad}scent development. Architectural dcsign, landscaping, screening and parking areas shall be prapcrly provided to insure maximum protection of lavrer density uses. "NIF-2" Districts should be located along or near major thoroughfares. 75 m _ ~ , . _-. 17:2. HEIGHT REtULATIONS Height regulations are set forth in Section 32. 17:3. AREA REGULATIONS. Area regulations are set forth in Section 32. 17:4. PARKING REGULATIONS Off-street parking spaces shall be provided in accordance with the requirements for uses set forth in Section 31. 17:5. USE REGULATIONS No building, structure, land or premises will be used .and no building or structure shall hereafter be erected, constructed, reconstructed; or altered except for one or more of the uses specified in Section 8 -USE OF LAND AND BUILDINGS. See .Section 8:3.4 .for additional regulations. SECTION I8 "MH-1" MANUFACTURED HOUSING (HUD CODE) RESIDENTIAL DISTRICT REGULATIONS 18:1. PURPtISE The "MH-1" Manufactured Housing (HUD Code) Residential District is irttended to provide for quality manufactured housing residential development containing the cha-racteristies .and environment of a standard single farnily residential development. 18:2. SPECIAL CONDITIONS 1. An "MH-1" district shall have a minimum. area of twenty {20) acres. 2: An "MH-1" subdivision shall have been final platted of record in its entirety in accordance with City of Plainview ordinances and regulations prior to application for "MH-1" .district designation. 1 E3:3. HEIGHT REGULATIONS Height regulations are set forth in Section: 32. 7b ,, 18:4. AREA; REGULATIONS Area regulations. aze set forth in Section 32. 1.8:5. PARKING REGULATIONS Off-street parking spaces shall. be provided in accordance with the requirements for uses set forth in Section 31. 18:6. USE REGULATIONS No building, structure, land or premises will' be used and no building or structure shall hezeafter be, erected; constructed, reconstructed, or altered. except for one or more of the uses specified in Section 8 -USE OF LAND AND BUILDINGS. L8:7. SPECIALREGULATION~ 1. Tie-downs and hard stands shall be' provided for each manufactured home as estabkshed by the City of Plainvew Building Code prior to issuance of a budding permit. 2. The area under the manufactured home shall not be used for storage of any kind. 3. The area under the manufactured home shall be completely. enclosed with the same material used for exterior siding on the unit. 4. All accessory buildings and/ar straetures shall conform to thu City of Plainview Building Code. 5. Manufactured housing design and construction will comply with construction and safety standards published bg the United states Department of Housing and Urban .Development pursuant to the zequirements of the. National Mobile ~IOme and Safety Standards Act of 1974, as amended, and the Texas Iulanufactured Housing Standards AEt, as amended. All manufactured housing located within the City of Plainview shall comply with all regulations of the State of Texas and such regulations are hereby incorporated into this section. 77 SECTION 19 "MH-2" MANUFACTURE- HOUSING (HUD CODE} PART{ DISTRICT REGULATIONS 19:1. PURPOSE To provide minimum standards for properly maintained manufactured home .parks: - These. standards should consider the effect of the park layout on residents of the park, as well as minimize the negative impacts of the park on surrounding properties. 19:2. LOCATION OF MOBII,E HOMES AND MOB F HOME PARK 1. Manufactured Housing (HUD -Code) Park Districts shall be created only as an amendment to the Zoning Ordinance. The granting of each Manufactured Housing (HUD Code) Park. District will be judged on the merits of each individual request for an :amendment. 2. The location of such parks shall be in general conformance with .the Land Use Plan of the City, shall be located adjacent to a co-lleetor or major street or a commercial area which is adjacent to a collector or major street and should generally not be surrounded by single family detached residential areas. 19:3. PARK PLAN A site Akan of the Manufactured Housing (HUD Code) Park shall be submitted with any request for an :amendment for a Manufactured Housing Park in conformance with the following requirements: 1. The minimum area for a manufactured home park shall be ten (10) ac res. 2. The minimum area of a lot shall be 4,500 square feet. 3. The minimum width of a lot` shall be 4U feet; except that corner lots shall be 45 feet and meet all other regttfrentents regarding corner lots in this ordinance. 4. The minimum . depth of a Tot shall he 95 feet. 5. The minimum front yard shall be 30 feet from the right-o#--way line of any public street and 15 feet from any .private drive.. 6. Nrx manufactured horpe unit shall be located nearer than ten (10) Feet to the lido of any lot, plat, or tract on which such unit is iodated and all stands shall be so located that a minimum of 2Q feet :clearance shall exist between adjacent units.. Any accessory structure such as an awning, cabana, carport, storage cabinet, or pozch which has a floor area of 25 square feet or more shall be considered the same as a 7$ °imr _.. manufactured home for establishing the minimum side yard clearance. No manufactured home unit shall be located nearer than twenty. (20) feet tv .any boundary litre or district line of an "MH-2" District. 7. The minimum floor area per .dwelling unit shall he 480 square feet. 8. No building shall exceed twenty-five (25) feet in height. 9. Ia an "MH-2" district, no carport, garage, storage building, office, or caretaicei s dwelling, laundry house or other permitted structure may be located nearer .than ten (PO) feet to any side or rear line of a plot, lot, tract or stand except that such structure may be located within five {5) €eet of the side ar rear line of a plat, lot, tract, or stand when such structure is located within the rear 2S percent of the lot, plot, or tract. Such structures shall also be subject to front yard requirements in Section 19:3.5. 10. Whenever street names are to be given to public streets or private drives in manufactured .home development, such street names shall be approved with approval of a si-te pion. 11. A minimum of two (2) parking spaces shall be provided for each dwelling unit. 13. In addition to the above requirements, all of the provisions of Mobile Home Ordinance No. 70-1078 not in conflict with this ordinance shall be adhered to, 19:5. USF:ItECJLTLATIONS No building, structure, land or premises will be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered except for one ar more of the uses specified in Section 8 -USE OF LAND AND BUILI?INGS, SECTION 20 "U" UNIVERSITY AND COLLEGE DISTRICT REGULATIONS 20:1. .PURPOSE The purpose of this district is to provide Iocatons(s) for the development of and activities associated with the operations of an accredited college or university.. 20:2. HEICitdT RFf1T~I,ATI<,)N~.' Height regulations are set forth in Section 32. 79 ~a, _ i 20:3. ARRA REGULATION Area regulations are set forth in Section 32. 19:4. PARKING REG ii A`~ONS Off-street parking and loading spaces shad be provided in accordance with the requirements for uses set forth in Section 31. 19:5. USERFfiI_II.ATIONS Permitted uses include _alI _activites and uses .associated with the educational mission of an accredited college or university on premises owned andfor managed by the college or university. Such uses include maintenance, vehicle repair and other similar auxiliary activities related to fulfillment of essential university functions. Field activities related to agricultural education, includ-ng work with livestock and crop production,. excepting classroom activities,. are not permitted uses is this district. In addition, no building, struetare; land ar premises will be used axed no building or structure shall hereafter be erected, constructed, reconstructed, or altered except for one or more of the uses specified in Section 8 -USE OF LAND AND BUILDINGS. SECTION 21 "O" OFFICE DISTRICT REGULATIONS 21:.1. PURPOSE The purpose of this district is to provide location{s) far the development of office ases in area{s) appropriate to the,. particular needs of such uses. "O" Districts shall have prirttary access to major thoroughfares an{1 may serve as an area of transition between residential and high intensity non-residential uses. 21:2. HEIGHT RFt^ .ATIQNS Height regulations are set forth in Section 32. 21:3.. AREA REGULATIONS Area regulations are set forth in Section 32. 80 21:4. PARKING REGULA'T`IONS Off-street parking and loading spaces shall he provided in accordance with the requirements for uses set forth in Section 31. 21:5. USE REGULATIONS No building, structure, land or premises will be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered except for .one or more of the uses specified in Section 8 -USE Oh LAND ANT) BUILDINGS. SECTION 22 C-1" NEIGHBORHOOD SERVICE DISTRICT REGULATIONS 22;:1_ I'URI'OSE The purpose of this district is to provide local neighborhood residential areas generally within a 0.25 miles to 0.5 miles radius with limited convenience services and small retail type items. Such districts should be adjacent to collector streets or thoroughfares. 22:2. HEIGHT RI~GULATIQNS Height regulations are set forth in Section 32. 22:3; AREA REGULATIONS Area regulations are set forth in Section 32. 22:4. PARKING AND LOADING REGULATION Off-street parking and loading spaces shall be provided in accordance with the .requirements for uses set forth in Section 31. 22:5. USE REGULATION No building, strncture, land or premises will be used and no buildng or structure shall hereafter be erected, canstruetcd, reconstructed, or altered except for .one or-more of the uses specified in Section 8 -USE OF LAND AND BUILDINGS. 81 n~, i SECTION 23 "C-2" RETAIL DISTRICT REGULATIONS 23:1. PURPOSE The purpose of this district is to provide locat retail and service commercial uses which serve one ar several neighborhoods. Such districts may be located on existing thoroughfares or at the intersections of rnajor thoroughfares. 23:2. HEIGHT REGULAT1ONS Height regulations are set forth in Section 32. 23:3. AREA REGULATIONS Area regulations are set forth in Section 32. 23:4. PARKING AND LOADING R ATIONS Off-street parking and loading spaces shall be provided in accordance with the requirements for uses set forth in Section 31. 23:5. LTSE REGULATIONS No building, structure, land or premises will be used and no budding. or structure shall hereafter be erected, construEtcd, reconstructed, or altered except for one or more of the uses specified in Section 8 -USE OF LANB AND BITII.DIIVGS. SECTION 24 "CB" CENTRAL BUSINESS DISTRICT REGULATIONS 24:1, PURPOSE This district permits a mix of residential, retail, service, office and general commercial. uses. This broad. range of permitted uses is intended to promote revitalization of the traditional downtown area. 24:2 HEIGHT REGULATIONS Height regulations are set forth in Section 32. 24:3. AREA REGULATI()Nfi Area regulations are set forth in Section 32. 82 _, itr _ ~ 24:4. PARKING AND LOADING REGULATION Off-street parking and loading spaces shall be provided in accordance with the requirements for uses set forth is Section 31. In addition to the requirements in Section 31, the following requirements shall apply: L Any off-street parking requirements may be provided off-site even if such sites are non-adjacent or non-contiguous or within a different zoning district, provided that binding agreements exist which will ensure the availability of such off-street parking for the reasonable useful life of the building or project to be built art the site. Such off- street parking shall be located within six hundred (600) feet of the site, treasured as the shortest possible distance in a straight line from the closest property line of the site to the .closest point on the parking structure or lot. 2. Up to fifty percent (50°Io) of the.. off-street parking requirements may be satisfied without site plan approval by utilizing "parking space, small car" as defined in Section 3i. 24:5. USE REGULATIONS No building, structure, land of premises will be used and no building or structure shall hereafter be erected, constrtteted, reconstructed, or altered except for one or more of the uses specified in Section 8 -USE OF LAND AND BUILI}INGS. 24:6. SPECIAL DISTRICT REOLIIRFMENTfi The City CouneiI, .at the time of granting Central Business District zoning to any tract of land shall have the authority to modify the district requirements, and may require additional standards deemed necessary to create a reasonable transition uo, and protection of, adjacent .property and public areas, including brit not limited to, light and air orientatidn, type and manner of construction, setbacks, lighfiing, landscaping, mattagmenT associations, open space and screening. SECTION 25 "C 3" COMMERCIAL GENERAL BUSINESS DISTRICT REGULATIONS 25:1. PURPOSE The purpose of this district is to provide for kteavy retail and wholesale corumercial uses which serve a city-wide or regional area, Such districts should have frontage on regional thoroughfares such as State or Federal highways or .should be located in the central business 83 -, ~, ,. district. Because of the heavy commercial nature of the permitted uses, compatibility with adjacent residential areas should be carefully considered. 25;2. HEIGHT REGULATIONS Height regulations, are set forth in Section 32. 25:3. AREA REGIJLATIQNS Area regulations are set forth in Section 32. 25:4. .PARKING AND LOAIIING REG CATION Off street parking and loading space shall be provided in accordance with the requirements for uses set forth in Section 31. 25:5. USE`REGULATIONS No .building, structure, land or premises will be used and no building or structure shall hereafter be erected, constructed, .reconstructed; or altered except for one or more of the uses spceified in Section 8 -USE OF LAND AND BUILDII*IGS. SEC3'IQN 26 "M-1" LIGHT INDUSTRIAL DISTRICT REGULATIONS 26:1-. PURPOSE To provide far. "light" industrial uses and those commercial uses requiring outside storage and display. The regulations are designed to provide for a mixture of heavy commercial and light industrial. or manufacturing uses with proper standards to encourage attractive working areas for citizens. 26:2. HEIGHT REGULATIONS Height regulations .are set forth in Section 32. 26:3. AREA REG :ATIONS Area regulations are see forth in Section. 32: 84 „~ , 26:4. PARKING AND LOADING REGULATIONS Off-street parking and loading spaces shalt be provided in accordance with the requirements for uses set forth in Section 31. 26:5. USERFGI_nAfiIONS No building, structure, land or premises wrli be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered except far one or more of the uses. specified in Section 8 - IJSE OF LAND AND BUILI?LNGS.-- - __ SECTION 27 '"M-2" HEAVY INDUSTRIAL. DISTRICT REGULATIONS 27:1. I'URI'OSE The purpose of this district is to provide far those uses defined. as heavy industrial and/or .manufacturing use which will or may produce off-site noise,. odor, or dust. The regulations are designed to provide standards for proper on-site development. and to protect the environmental quality of adjacent areas and the city in general. 27:2. HEIGI3T REGULA'I'IOIAS ILeight regutadons are set forth in Section 32. 27:3. AREA REGULATION Area regulations :are set forth in Section 32. 27:x. I'ALtKING AND LOADING REGULATIONS Off-street parking and loading spaces shall be provided in accordance with the requirements for use set forth in Section 31. 27:5. USE REGULATIONS No building, structure, land ar premises wi1L he used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered' .except for one or more of the uses specified in Section 8 - USIr OF LAND AND BUILDINGS. 85 _ ir, _ _ __ 5ECTION 28 "PD" PLANNED DEVELOPMENT DISTRICT REGULATIONS 28:1. PURPOSE It is the intended purpose of this zoning district to provide for the. unified and coordinated devekopment of parcels or tracts of prim arily vacant land. Cettaitt freedom of choice as to intended land uses shall be permitted, provided that the special requirements. which may apply are complied :with and that the intended uses are not in conflict with the general purpose and intent of either this ordinance or the Master. Plan for the City.. 25:2. USE REGULATIONS A building or .premise in this zoning district may be used for any use allowed in any district contained in this ordinance, except those uses specifically prohibited by this ordinance,. provided thak it can be shown that any and all uses shall be in general confarmaace with the purpose and intent of the Master Pian of the City. 28:3. HEIGHT. LOT. AND YARD REO TIRF.MFNT. The height, lot.,. and yard requirements shall conform to those requirements of the appropriate subsections of this ordinance. .far the appropriate intended nse, except that modifications in these regulations may lie granted if it shall be found that .such modifications are :n the public interest, are in harmony with the purposes of this ordinance and will not adversely affect nearby properties. 28:4. AREA, REQUSREIVIENTS For the: purpose of this ordinance, the entire tract to be zoned "PD" may be considered as one building lot, or separate areas intended for separate land uses may be considered as separate building lots. Area requirements shall. conform to those regulations for the appropriate intended use, except that for each seventy-five (75) dwelling units, one (1) acre of land shall be designated and appropriately developed as open or recreation space. Such open space shall be computed as the .ratio of the actual' number of dwelling units bears to this requirement. 28:5. PARI{ING REGULATIONS Off-street parking spaces. shadd be prow-ded in accordance with the requirements for specific uses set forth in Section 31. 28:6.. Sl'IiCIAL CONDITIONS The following special conditions shall apply to uses located in his zoning district. 86 ,_-_ i ,. 1. A minimum land area of ten (10) acres shall be required before application for a Planned Development will be approved. 2. All requirements of the Subdivision Regulations of the City shall be complied. with, except for height, lot,. yard, and area requirements as designated in Section 31 of this ordinance. 3. hi addition to the site plain, the owner. shall provide such sketches, diagrams, and calculations. necessary to determine whether the proposed development conforms with the provisions of the district and to determine the effect of the proposed development on population densities, streets,. utilities, schools, recreation and other community facilities in the area. Such site. plans, sketches, diagrams and calculations shall. become apart of the amendment for the "FD" District and shall form the basis for .issuance of a building permit on conformity therewith. 4. Property to be developed for non-residential ,purposes, other than public and semi-public uses, shall be located upon a collector or major street,. except if it abuts property which is zoned for commercial. or industrial purpases and which has major street frontage. A plan for development of the property, showing adequate access to and from the major street frontage, or contiguous to an area to be developed for commercial activities, shall be submitted with the site plan. 5. Property to he developed. for multiple-family residential and/or mobile home Park purposes shall be located upon a collector or major street, or contiguous to an area zoned for commercial purposes and having major street frontage, or contiguous to an area to be developed for' commercial activities. 6. Commercial of industrial areas separated by an area of different type use. shall not be closer than three hundred (3Do) feet when on the same side of the major street they front, This shall not preclude the development of two (2) areas, under single ownership and both wither a "PD" District, separated by a street, alley or easement.. 7. An area proposed' for commercial or industrial use shall not. extend into the interior of a "Flan" a distance greater than the major street frontage to be devoted to such commercial or industrial use. 8. Friar to the -issuance of a certificate of occupancy, a screen-ing de~?ice, as defined in Section 3 of this ordinance, shall he built along that boundary of the area grgposed fol. commercial or intlustrat use which abuts property developed, zoned, or designated for any type of residential use and which is antler a different ownership; however, where land proposed on a "Tian" for commercial or industiral use extends more than three hundred (~Q6) feet back from the major street, measured at right angles to tltc right-of-way line, and abuts pr©petty developed or zoned for any type of residential use under different ownership or if such land abuts other land itt a "FD" District under different ownership, then. the proposed commercial use so located may be approved only if ah area of at Ieast one 87 I~' i hundred fifty (150) feet in width be provided in which no structure, other than the screening :device required above and necessary light devices, shall be permitted. This area shall be measured between the hounda#y of the abutting property described is the preceding paragraph and any intended structure and shall extend the entire depth of the commercial or industrial use area which is in excess of the three hundred (300) feet of depth allowed in the preceding paragraph. A paved parking area may he provided within this one hundred fifty (150) feet area; however, lighting standards or fixtures shall be regulated as prescribed in Subsection 28.6.4. 9. Lighting .devices in conjunction with commercial uses or parking lots shall not be operated so as to produce direct or reflected light or glare across abutting property lines. 10. Loud speakers and similar devices in conjunction with commercial uses or parking lots shall not be operated so as to direct sound across abutting property lines. 11. Na portion of any nultiple-family dwelling structure or permitted accessary use structure shall be farther than three. hundred (300) feet from an accessible dedicated and accepted public street. SECTION 29 "D-H" DESIGN-HISTORIC DISTRICT REGULATIONS 29:1. PURPOSE The purpose of this district is to provide for protection anal enhancement of designated areas. which have historical, architEetural or cultural merit; to promote civic pride in a community which is attractive, as well as prosperous; to provide long-lasting beauty and stable real property values within the City of Plainview; to insure the highest quality of design and long-lasting values of structures: and buildings; and to encourage attractive, coordiaated design of buildings and structures within or adjacent to areas of major public interest. 24:2. GENERAL PRQVISI(3NS The Design-Historic District shall be an overlay district and shall be designated as a suffix., "D-H", to existing designations in the Zoring ordinance. Historic preservation, design standards,. and building permit review shall be added by "D-II" District designation. If any specific standard created in the "D-H" District. is in conflict with the :existing zone, "D-H" will overrule. S$ ~I, i 24:3. PERNII'1`TED USES Permitted. uses shall be determined by the existing zone district at such time as the "D-H" designations is affixed,. or as limited by the ordinance specifically creating a "D-H"~ District. 29:4. DESIGNAT1t?N The City Council may designate, upon recommendation by the Planning Board and Zoning Commission, certain lots;. portions of lots, blocks or areas as Design-Historic Districts, and .define, amend and delineate the boundaries thereof.. The suffix "D-H" shall indicate the zoning. overlay designation of those lots, blocks and areas which the .City Council has designated Design-Historic Districts. Such designation shall be in addition to any other zoning district designation established" in .the Zoning Ordinance. All Zoning District Maps shall reflect the designation of a Design-Historic District by the letters "D-H" as a -suffix to other use designation. Such districts shall also specifically designate historic landmarks recognized by the Hale Couniy Historical Commis Sion. 24:5. DELINEATION POLICY In making such designation; the City Council and Planning and Zoning Commission shall: consider, but not be limited to, one or mor-e of the following: a. Character, interest, or value as part of the development, heritage or cultural characteristics of the City of Plainview, West Texas .region, State of Texas; or the United States.. b, Location as the site of a significant historic event. c. Identification with a person or persons who signifGaritly contributed to the culture and development Qf the city, region, state, or .the United States. d. Exemplificatcm of the cultural, economic, social, ethnic or historical heritage of the city, region, state or the United States. e. Portrayal of the environment of a .group of people in err era of history characterized lay a distinctive :architectural style. f. Embodiment .of distinguishing characteristics of an architectural type or specimen. g. Identification as the work of an architect or master builder whose individual work. :has influenced the development of the city. h . Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. i. Relationship to other distinctive buildings, lots, sites, or areas which are eligible for preservation according to a plan based on architectural, historic, ar cultural motif. j. Unique location of ingular .physical characteristics representing an established and familiar: visual feature of a neighborhood, community area, city or region. k. Archaelogical value in that it has produced or can. be expected- to produce date affecting theories of historic or prehistoric interest. 1. Value as an .aspect of community sentiment ar public Bride. 84 -- ~, , - i 29:6. 29:7.. ~P_ECIFl~ REOtJIRE14IENTS Any ordinance creating a "D-H" District will carry the development standards of the district in which it is located unless amended by the City Coutlcil for the following: a. Yard requirements; b. Lot width; c. Lot area; d. Lot coverage; e. Floor-area ratio; f. Height limit; g. Separation; h. Off-street .parking; i. Landscaping requirements; j. Building material and style; or k. Signs. No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural. feature of a building within a designated Design-Historic District,. unless application be made to the Planning and Zoning Commission for a Certificate of .Appropriateness and such a certificate tae granted. As used in this section, the tertn "Exterior Architectural Feature" shall include, but -not be limited to, .architectural style and general arrangement of such portion of the exterior of a structure as is designated to be open to view from a public way. 1. Procedure When Building Permit Required a. When applying for a building permit for the exterior of a building within a Design-Historic I3isirict, tite applicant shall submit two (2) copies of all' detailed plans, elevations, perspectives, specifeatoris and other documents. pertaining to the work to the Building Inspector who shall forward such applicatioh to ihe' Design-Historic Committee of the Planning and Zoning Commission through the Zoning Admirristratot' witltin five (5) days of receipt thereof. 1'he Design-Historic Gomrttittee shad make its recommendations to the Planning and Zoning Commission at its next regular meeting. Any applicant may appear at a regular or special meeting of the Contmissian or the Design-Historic Committee before submitting an application and may consult with said Commission during the review pf the permit application. b_ The Planning and Zoning:. Commission shad hold a hearing on the application at "the. next regular meeting.. Upon review of the application, if the Commission finds. the proposed work of a nature which will oat adversely .affect any significant architectural or historical feature of the designated "D-H" District 90 _, 11R ~ _. and is appropriate and consistent with the spirit and purposes of this section, it shall forward its recommendations to the applicant and: to the building official within five (5) days after the public hearing. c. If the Commission finds that the proposed work will adversely affect or destroy any significant architectural or historical feature of the designated historic -site or is inappropriate or inconsistent with the spirit and purposes of this section, it shall notify the building official that the application has been disapproved and shall, within five (5) days of the public hearing, notify the applicant of the disapproval and of changes in the application which are necessary to approval of same. d. If no acti on has been taken by the Planning and Zoning Commission within thirty (30) days of original receipt by the Commission, approval shall be deemed issued by the Commission, and the building official shall so advise the applicant. e. No change shall be made in the application for any building permit after issuance of a certificate of appropriateness without resubmittal to the Planning and Zoning Conim:ssion and approval thereof in .the same manner as provided above. f. After a decision is reached by the Planning and Zoning Commission denying an application for a certificate of appropriateness,. a resubmittal of application will not be accepted for. additional hearing within twelve (12) months from the date of final decision, except upon written request by the agplcant indicating that there has been a change in conditions or that all changes in the application as recommended by the Commission have been. made. 2. Procedure ~?Vlten Building Permit Nat Required a. Those proposed exterior changes .and alterations eat requi~rit~g a buiidiag permit shall be submitted in writing directly to fhe Zoning Administrator far a certificate of appropriateness which must be granted before such work :cart be undertaken. b. The Planning and honing Commission shall hold a hearing at .the next regular Commission meeting on the application. Upon review of the application, if the Commission finds the proposed work of a nature which will not adversely affect any significant architectural or historical. feature of a designated historic landmark and is appropriate and caasistent with the spirit and purposes of this article, it shall €orward its recommendation to the, applicant and Buildag Inspector within five (5) days after the public hearing. e. If the Commission finds that the proposed work will adversely affect or destroy any significart architectural or historical feature of the Designated Historic site or is inappropriate.. or inconsistent with the spirit 'and purposes of this section, it shall 91 ar, ~ , notify the applicant within five (5) days of feeeipt of said application chat the application has been disapproved and shall include in .such notification -the changes. necessary to approval of the application. d. If no action has .been taken by the Planning and Zoning Commission. within thirty (3Q) days of the receipt o€ the application, approval shall be deemed issued by the Commiss1on. e. No change shall be made in the application for issuance of a certificate of appropriateness without resubmittal to the Planning and Zoning Commission ..and approval thereof in the same manner as provided above, f. After a decision is reached by the Planning and Zoning Commission denying an application for certificate of appropriateness, a resubmittal of application will not be accepted for additional hearing within a twelve (l2) month period from the date of final decision excepx upon written request by the applicant, indicating that there has been a change in condition or that all changes in the apglica#an as recommended by the Commission have been made. 3. Ordinary Repair Or Maintenance Ordinary repair or maintenance which does not involve chattges in architectural and historical value, style or general designxs exempt from the provisions of this section. 4. Appeal Any applicant or interested person aggrieved by a ruling of the Planning and. Zoning Commission under the provisions of this section may, within thirty (30) days .after the ruling, appeal. to the City. Council: 29:8. HISTORIfF LAND1~fAliKS-I?EM(3f.ITIQN OII! REIS4QVAJ~ 1. If an application is received for demolition or removal of a designated historic building or landmark, the building official shall immediately forward the application to the Planning and Zoning Commission, The Commission shall hold a public hearing ott the application within thirty (30) days after the agplicaton is ietially filed with the building official, The applicant shall be given ten (l0) days .written notice of the hearing. The Commission shall consider the state of repair of the building; the reasonableness of the cost of restoration or repair, the existing and/or potential usefulness, includag economic usefulness of the huitding; the purposes .behind preserving the structure as a historic landmark; the character of the neighborhood, and .all other factors it finds appropriate. If the Commission determines that,. in the interest of preserving historical values, the structure should hot be demolished or -removed, it shall 92 -„p ~ notify the huilding official that the. application has. been disapproved;. and the building. official shall so advise the applicant. 2. If no action has been taken by the Planning and Zoning Commission within sixty (b0) days of original receipt by the Commission of the application, a certificate of demolition. or a certificate to .permit removal shall he deemed. issued by the Commission; and the building official shall so advise the applicant. 3. After a decision is reached by the Planning and Zoning Commission denying an application for a certificate of demolition or a certificate of removal, a resubmittal of application far such a certificate will not be accepted for additional hearing within a twelve (12) month period from the date of final .decision. 4. Any applicant .aggrieved by a ruling of the Commission under the provisions of this section may, within sixty (60j days after the ruling of the. Punning and Zoning Commission, appeal to the. City Council. Following an appropriate publie hearing within at least thirty (30) days of the fikiitg of a notice of appeal with the City Clerk,.. the City Cau~il may uphold or overturn the ruling of the Commission by a simple ma,}ority vote. 29:9. HISTORIC. LAND1v1ARKS - OMISSIQN OF NECESSARY REPAII2S 1. The exterior of a designated historic landmark shall be maintained to insure the structural soundness of such landmark. 2. If the Building Inspector and(os the PIannng and Zoning Commission finds that there are reasonable grounds to believe that a Designated Historic landmark is structurally unsound or is imminent danger of becoming structurally unsound, the Building Inspector shall notify in writing the owner of record. of the Designated Historic landmark of such fact. 3. Upon the giving of ten (lOj days written notice to the owner of record of such Designated Historic Iandtrrark, the Building Code Board of Appeals shall hold a publie hearing to determine i€ the Designated Historical building is structurally unsound or in imminent danger of becoming structurally unsound. The Building. Code Board of Appeals shall request a report and consider recommendations from the Building Inspector and Planning and Zoning Commission, The. Planning and Zoning Commission's report may include evidence of economic hardship or willful negleet. 4. At- the conclusion of the hearing, if the Building Code Board of Appeals finds fihat the Designated Historic building is structuratiy unsound or to imminent danger of becoming structurally unsound and that no valid reason exists as to why the .owner cannot or should not undertake to safeguard the structural soundness of the building, it shall, in writing, notify .the record owner of the Ending. 93 i~ ~ 5. The owner of record of a Designated Historic landmark who has been notified by the Building Code Board of Appeals that such landmark is structurally unsound or in danger of becoming so, shall, within ninety (90) days of receipt of such notice, satisfy the Building Code Board of Appeals that rcaspnahle necessary repairs to safeguard the structural soundness of the landmark have been effected. 6. If the Building Code Board of Appeals determines that the building is structurally unsound but there are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the City Council its recommendation, with the. recommendation of the Planning and Zoning Commission, as to what action, if any, should be taken on the structure. 7. Any applicant. or interested person aggrieved by a ruling of the Building Code Board of Appeals under the provisions of this section may,. within thirty (30) days after the ruling, appeal m the City Council SECTION ~+- "FP" FLOOD PLAIN DISTRICT REGULATIONS 30: T. FLQDD PLAIN PREFIX TO DISTRICT' DESIGNATION The "FP" FTpod Plain prefix designation constitutes a coning overlay district and the addition or removal of the "FP" prefix .constitutes zoning action. 30:2. PTJRPOSE ANT) INTENT It has been determined that within -.the City of Plainview corporate limits and extraterritorial "jurisdiction there exist flood hazard areas which are subject to periodic inundation and which can result in loss of life and property and in general adversely affcet the public health, safety, and general. welfare. Ta mimim~e the potential adverse effects of flooding and associated problems, a "FP'" Flopd Flain I3istrict is established which delineates the floodway encroachment lines which are still _ subject to inundation by .the regulatory 100-year flood. This district is supermposEd on the City of Plainview Official Zoning Map and its .provisions apply to .all lands, water areas and watercourses within the City of Plainview and its extraterritorial jurisdiction. 30:3. APPLICATION. AI)11dINISTRATION. AND ENFORCEMENT No land, water, building or structure .shall hereafter be used and. no buildi-ng o:r structure shall be located, extended, cpnverted, or undergo 44 ~ ~, major structural .alterations, nor shall' any building permit or .fill permit be issued, .nor shall any zoning district change or subdivision plat be approved: without full compliance with the terms and provisions of .this section. The City. Engineer and the Planning and Zoning Cotnms sion and the City Council, when applicable, shall administer and .enforce this .section. 30:4. There shall be superimposed upon the City. of Plainview Official Zoning Map,. as an overlay, Flood. Plain District boundary designation(s), as determined by the Federal Emergency Management Administration's Flood Hazard Boundary Map: Where interpretation is required. as to the -exact location of the boundaries of said districts. then reference to the current FEMA Flood Hazard Boundary Map or other updated surveys and studies, using controlling floodwater surface and land elevation. data therefrom, plus interpretation and review by the City Engineer, shall be made for more exact determination. The .:City Councit shall be the final arbiter of disputes on boundary locations. Determination of "FP" Flood Plain District boundaries. shall be .made in conformance with either or all of the following methods: 1. By a comprehensive watershed study by the U.S. Corps of Engineers or its designated agencies or engineer, using technical .and professionally acceptable hydraulic criteria and procedures, of all or a part of the land. embraced within the City of Plainview's corporate limits and ETJ; 2. By the owner's registered professional engineer when a subdivision pleat and/or zoning district change embracing residential, commercial or industrial development is prepared for submission and approval by the city or when a request for a building permit is trade to the City by the owner. The methodology used in such determination shall be the same as in paragraph (1) above. "FP" Flood Plain. District boundary lines shall correspond to the following: 1. The outer "FP" Flood Plain District boundaries shall correspond to and be the same as the regulatory flood elevation existing at the dime of passage of this section or future amendments thereto. This elevation is further defined as being the 100 year (or one percent chance of occurring during ;any year) floodwater surface elevation: 2: The flood plain information .and limits have been delineated on the basis of the FEMA Flood Hazard Boundary Map currently on f#le at the City of Plainview and.. prepared by the Federal Emergency Management Administration. 95 __ ~ -,, _ 30:5. PERMITTED PR N AI. SES The €ollawing uses shall be permitted to the extent they axe permitted within the zoning district on which the "FP" Flood Plain District is superimposed and further provided that such uses do not. require buildings or structure, fill, storage of equpmen{, machinery or materials unless in conformance with this section: 1. Any open space or nonstructural use. 2. Agricultural activities including the ordinary rultivation of land or legal forms of animal husbandry. 3. Electrical substations when elevated above the regulatory minimum flood elevation (regulatory flood protection elevation). 4. All types of local utilities, including but not limited to water distribution and wastewater collection systems, water and wastewater treatment facilities and water quality monitoring stations or other structures required to provide water and sewerage, CelephoAe, gas and electrical services. 5. Parks, community centers, playgrounds, public golf courses. 6. Facilities that would warrant no flood protection, such as accessory private open space in conjunction with commercial or residential development, com-munity unit recreational areas or recreation development. 7. Parking areas associated with a contiguous land use. 30:b. CONDITIONAL U E The City Council may, in conformance with this section, autlterize and grant the. following uses, contingent upon reasonable and appropriate safeguards and upon determination of said- uses not creating additional flood hazards to other private or public interests, and when allowed in the zoning district underlying the "FP" Flood Plain District in which they are ' located: 1. Residential, coirtmereal, industrial, and community facility bui=lding or structures, excluding mobile homes; eonslructed or placed oxt fill and floodproofed, provided they shall have the lowest floor not: .less than one (1) .foot above regulatory flood protection elevation and further -provided that -any such permitted fill shall be placed to an elevation not lower than one (1) foot below the regulatory flood protection elevation for the ,particular area and such fill shall be extended horizontally at said elevation not less than fifteen (15} feet beyond the limits of the . perirkteter of any building or structure erected thereon. 2. Nonresidential and accessory buildings or structures (either temporary or permanent) provided such are adequately floodproofed 9b or otherwise protected,. in conformance with the requrcmaat outlined in the special provision paragraph of this section, to a point above the regulatory 'flood protection elevation.. 3. Filling of land for any purpose. 4. Solid fences or walls which are parallel to the flowliae o€ the floodway and flood pima. 5. Levees, dikes, .berms, or similar floodproofiag means. 3D:7. PROHIBITED USES The following uses are expressly prohibited: 1. Unsecured (floatable) storage of junk,. materials or egnipmenx below the regulatory flood protection elevation. 2. Feeding or disposal of garbage, rubbish, trash, or offal. 3. Obstructive structures of buildings which hinder flood. water flowage or which create additional flood hazards to other public or private interests. 4. Hospitals, nursing homes, boarding schools and orphanages, saaitariums, hotels,, motels, detention centers, fraternities and sororities, dormitories and other uses of similar nature and character. S. Any use not otherwise permitted. 6. Supplemental, Information Requirements Upon receipt of a special or conditional. use application, the Zoning Beard of Adjustment may, prior to rendering a decision thereon cad .upon recommendation of the Ci-ty Engineer require the applicant to submit plans in triplicate, drawn to scale, showing the nature, location, dimensions and elevation of the lot,. existing or proposed structure(s), fill, storage of materials, floodproafing measures and the relationship of the above to the location of the channel and flaodway and the regulatory flood elevation; transmit where necessary one (1) copy of the information described above to any other designated person or agency .from which the Board may request expert technical assistance in evaluating. the proposed project in relation to flood heights. and velocities. .The seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters, require;. where special circumstance necessitate more detailed information, the applicant to furnish the following additional information as .deemed .accessary by the Board for the evaluation of the el`fects of the proposed use upon. flood flows and other factors necessary to render a decision on the suitability of the proposed use: 97 ~. T a. A typical valley cross section showing the channel of the stream(s), elevation of lartd areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information, b. Plan (surface view) showing elevations or contours of the ground; delineation of the floodway encroachment lines and "FP" Flood Plain District boundaries,. when involved, pertinent structures, fill, or storage elevation;. size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of street, water supply,. sanitary facilities; photographs showing existing land uses and vegetation upstream an downstream; and soil types and other pertinent information. c. Profile showing the slope of the bottom of the channel or flow line of the. stream; and water surface elevation of the 100 year regulatory .flood, from official maps artd data. d. Specifications for building construction and materials, floodproofng, filling, dredging, grading, channel sanitary facilities. SECTION ~~ OFF-STREE?' PARKING AND LOADING REQUIREMENTS 31:1. OFF-STREET PARKING: REQUIRED In all districts there shall be provided- at the time any building or structure is erected or structurally altered (except as otherwise provided in .this section) off-street parking spaces in accordance with the regui-rements set forth in this section. 31:2. SIZE OF SPACE Each standard off-street surface parking space shall measure not less than nine (9) feet. by twenty (20) feet, exclusive of access drives and aisles, and shall be of usable shape and condition. Where it is possible far a vehicle to .overhang the front of a parking space above a paved, stoned; mulched, or grassed area other than a sidewalk, street right-gf- way or adjacent property, the length of the standard space rrtay he reduced to eighteen (18) feet. Each small car off-street parking space. shall measure not less than eight and one-half (8.5) feet by sixteen {16) feet, exclusive -of access drives and aisles, and shall be of usable shape and condition. Where ii is possible for a vehicle to overhang the front of a parking space above a paved, stoned, mulched, or grassed area other than a sidewalk, street right-of-way or adjacent property, the length of the small car space 98 ,,a may be reduced to fifteen (15) feet. All small car parking spaces shall be grouped and located in specific areas so as not to be scattered throughout a .parking lot.. A maximum of fifty .percent (50%) of the required parking for a general office or light manufacturing plant may be permitted as small car spaces upon approval of a site. plan but only when both of the following conditions are met: 1. S~nage will identify the small car spaces. 2. The entire grounds and building served by the small car spaces are occupied and controlled by one (1) tenant who shall be responsible for policing the use of the small car spaces. Each parking space (on-street or off-street) designed for parallel parking shall have a minimum dimension of eight (8) feet by twenty- two (22) feet. Each standard' parking space located in a parking. garage shall measure not less than nine (9) feet by eighteen (18) feet, exclusive of access drives or aisles, and shall be of usable shape and condition. For minimum dimensions of angle parking, see Appendix Illustration 13. 31:3: A 1. Adequate provision for ingress and egress to alt parking spaces shall be provided by driveways or maneuvering. areas with direct access to a public street or to a private right-oP-way easement. A private right-of-way easement shall be legally binding in form. and substance and shall be recorded in the office of the register of deeds of the county,. and a certified copy of the same, with evidence of recording thereon, shall be filed with the Zoning Administrator. 2. Two-way access driveways shall be designed as shown in Appendix Illustration 13. one-way.. driveways shall be at least twelve (12) feet wide when the angle of .parking is forty-five (45) degrees and seventeen (1'7) feet, six (b) inches when the angle of parking is sixty (60) degrees. 31:4. PARKING AREA STANDARDS Parking areas shall be provided with an all-weather surface, and shall be paved .and drained in accordance with City standards. To prevent nuisance situations, all pat'king area lighting shall be designed and operated so as net to reflect or shine on adjacent properties. For safety and fire-fighting purposes, free access through to adjacent parking areas shall be provided where practical. 49 a, Except for single family and duplex uses, parking spaces shall be permanently a-nd clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Alonperrnanent type marking, such as paint, shad be regularly maintained to ensure continuous clear identification of the space. 31;3. OFF-STREET P Off-street parking shall be provided in accordance with the requirements specified by this ordinance and located on the lot or tract occupied by the main use or in accordance with Section 31.5:1 and located within the same zoning district as the main use.. 31:51 Off;Street._Off-Site Parking Off-site, off-street parking spaces may be permitted with site plan approval in any district subject to all of the following requirements: I. That a permanent and irrevocable easement of the parking facilities iu favor of the premises to be benefited thereby shall be dedicated and recorded as a condition of such use; and 2. Th-at the nearest point of the premises utilized .for such parking spaces shall be not more than three hundred (300} feet in a straight line: from the .nearest point of the premises to be beaefitted thereby; and 3. No such parking. space may be located on the same lot as a residential dwelling. 31:5.2 Scbedule of -0ff-Street Parking Off-street parking shall be provided in snfFtcient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated. [Where a calculation results in requiring. a fractional space, any fraction less than 0:5 shall be disregarded and any fraction of 0.5 or more shall require one (1} space:] 1. Bank, savings. and loan or similar ftnaneial establishments One (1} space for each two hundred {200} square feet of total floor area. 2. Business or professional office, studio, medical or dental. clinic: Three (3) parking spaces plus one (I} additional parking space for each two hundred (200) square-. feet of floor .area over five hundred (500 feet.. 3. Church or other place of worship: One (1} parking sp-nee for each four (4) seats in the main auditorium. 4. Clinic of docto s or dentist's office: goo One (1) space for each two hundred. (200) square feet of total. floor area. 5. Community center, library, museum or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet.. of .floor' area in excess of two thousand (2,000} square feet.. If an auditorium is included as a part of the building,. its floor area shall be deducted from the total and additional parking provided on the basis.. of one (1) space .for each four (4) seats that it contains. 6. College or .university: One (1) space for- each two {2) students;. plus one (1) space for each classroom, laboratory or .instruction area. 7. Commercial amusement (indoor): a. Bowling Alley - 8 spaces for each lane; b. Racquetball or handball courts - 4 spaces for each. court; e. Indoor' tennis courts - 6 spaces for each court; d. Gymnasium, skating .rinks, .and martial arts schools or areas - 1 space for each 3 scats at maximum seating capacity, plus is space for each 200 square feet; e. Swimming Pool. - 1 space for each 100 square. feet of gross water surface and deck area; f. Weight lifti-rig of exercise areas - 1 space for each 100 square feet; g. $ingo Parlors - 1 space for 3 seats (design capacity) or 1 per 100 square feet of total floor area, wh-icltever is greater; h, Indoor jogging. or running tracks - 1 space for each 100 linear .feet; i. All areas for subsidiary uses not listed above or in other parts of Section 31:'7 (those noted uses such as restaurants, offices, etc., shall be calculated with the minimum specified for those individual .uses) - 1 space for each 1000 square .feet. j. Other - 1 space for each 3 persons accommodated (design capacity). 8. Dance. hall, assembly or exhibition hall (without fixed seats): One. (1) parking space for each one hundred (100) square feet of floor area used thereof. 9. Day nursery, day care, kindergarten school: One (i) space per ten. (10) pupilsJelierits (design capacity). 10. Dwellings, single. family attached or detached: Two (2) parking spaces for each dwelling unit. 101 iv 11. Dwellings, multifamily: One (1) parking space for each dwelling. unit plus one-half (1/2) space. for each individual bedroom in all dwelling waits. 12. Flea market: One and one-half (1 1/2} spaces for each two hundred (200). square feet of floor area or market area. 13. Fraternity, sorority or .dormitory: One (i) parking space for each two (2) beds. 14. Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or .shoe .repair. or service: Two 42) parking spaces plus one (1) additional parking space for each five hundred (SQO) square feet of fluor area over one thousand (1,Q00) square feet. 15. Gasoline service station: Minimum of five (5) spaces. 16. Golf course: Minimum _of thirty (30) spaces... 17. Health care facility: One (1) space for each four {4) room or beds, whichever is greater. 18. Hospital: One (1) space for each two (2) beds. 19. Hotel or motek One. (1) parking space for each sleeping room, unit, or guest aceommodatian plus one (1) space for each three hundred (300) square feet of commercial floor area contained therein. 20. Manufacturing:,. processing or repairing: Qne (1) parking space for each two (2) employees on the maximum working shift, plus space to aceotftmodate all trucks acid other vehicles used in connection therewith, but not less than. one (1) parking space for each one thousand (1,000) square feet of floor area, whichever is greater. 21. Massage establishment: One (1) space for each two hundred (200} square feet of floor area. 22. Mortuary or funeral home: Oae (1) parking space. for each fifty (50) square feet of floor space in slumber rooms,. parlors., or individual funeral service rooms. 23, Motor vehicle salesrooms and used ear .lots; One (1) pazking space .for each five hundred {S00) square feet of sales floor for indoor uses, or one (1) parking space for each one thousand (1,OOQ) square feet of lot area for outdoor uses. 1.02 _. __,TM _ _ ~ , 24. Office, general: One (1) space for each three hundred (300) square feet of total floor area. 25. Office, medical: One (1) space for each one hundred seventy five (175) square feet of floor area. 26. Office - showroom or office -warehouse: One (1) space for each one thousand (1,000) square feet of floor area for storage and warehousing, plus one (1) space for each one hundred (1D0} square feet of office, sales or display area. 27. Private club: a: If free standing or located in a shopping center of 150,000 square feet or less, one (1) space for each ten (10) square feet of bar, :lounge and waiting areas, plus one (I) space for each one hundred (100) square feet of remaining floor area. b. If located in a shopping center of gre ater than 150,000 square feet, one (1) space for each one hundred ( 100) square feet of gross floor area.' 28. Private country club or golf club: One (1) parking space for each two hundred fifty (250) square f€et of floor area or €trr every five (S) members, whichever is greater. 29. Recreational area or building (other titan listed): One (1) space for each two (2) persons to be normally accotttmodated i-n the establslrmcnt. 30. Restaurant, cafeteria, cafe or similar establishment: One (1) parking space for every one hundred (140) square feet of floor area. 31. Retail store or personal service establishment, except as otherwise specified her-en: One (1) parking space for each two hundred (200) square feet of floor urea: 32. Sanitarium, convalescent home, home for the aged or similar :institutions: One {1) parking space for each six (6) beds.. 33. School,. elementary and middle: One (1) parking space. for each five (5) seats in the auditorium or main assembly room or one (1) space for each classroom p1u-s ten (10) spaces, whichever is greater. 34. School,. secondary {grades 9 - 12): Onc (1) parking space for' each four (4) seats in the main auditorium or one (1) space for each classroom plus one. (1) space far each two (2) students accommodated is the institution, whichever is greater. 103 ~, _-. _,. 35. Shopping center: One (1) space for. each two hundred (200) square feet of floor area. The total floor area. used for restaurants and cafefierias (but not including private ciubs) which exceeds ten percent (10%a)of the shopping center floor area, shall require- additional parking to be provided in accordance with the requirements for restaurants. 36: Storage or warehousing: One (1} space for each two (2) employees or one (I) space. for e ach one thousand (1,000) square feet of total floor area, whichever is greater. 37. Theater, auditorium (except school}, . meeting room, sports arena, stadium, gymnasium or other places of public assembly: One {1) parking space for each four (4) seats or bench seating spaces. 38. Vehicle repair garage: Three (3) spaces per service bay, plus one (1) space per employee maximum shift), plus one (1) space per tow truck or other service vehicle. 31:5.3 Additional Off-Street Parking Regtiirements For those. uses which are not matched :with a parking requirement in 31:5.2 above, ttte following standards shall apply: General. Use Calggorv a. Educational, Institutional Special Uses P eking Snace ReQ,girements One space per employee b. Transportation, Utility & Communications Uses c. Accessory & Incidental Uses d. Office & Professional Uses e. Automobile & Related Uses f. Retail Uses g. Service Uses h . ~Vltolesale Uses i. Contract Construction Uscs 104 One space per employee plus one one space per stored vehicle One space per employee One space per 300 square feet of gross f1~r area One space per employee plus one space per stored vehicle One space per 200 square feet. of gross floor area One space per 200 square feet of gross floor area Sarre as for "S torage or warehousing" One space per employee .plus one space per company vehicle - ix , j. Gornmercial, Manufacturing e4c Industrial Uses 31:5.4 Special Off-Street Parking ReeulationS Same as for "Manufacturing, processing, or repairing" 1. In computing the parking requirements for any development, the total parking requirements shall be the sum of the specific pa€king space requirements for each use included in the development except as provided in Section 31:6. Where multiple uses are proposed for a building, the parking requirements shall be calculated on the basis of the most restrictive requirements unl ess specific areas of different uses are delineated by floor or building segment. 2. Wherever a parking lot is located across the street from or adjacent to residentially zoned property, and is designed so that headlight beams will shine into residences (whether or not such .residences have been built. at the time the .parking lot is constructed), an irrigated earthen berm or a solid masonry wall or reinforced concrete fence of not less than three (3) nor more than fonr (4) feet in height above the finished grade of the off-street parking area shall be erected and maintained so as to provide a headlight screen fnr the residential district. 3. The off-street parking spaces designated €or each apartment (multiple-family) dwelling unit shall be located within ens hundred (100) feet of the dwelling unit served by such spaces. 4. In all residenti-al and agricultural districts, no heavy load vehicle, truck trailer, truck tractor, mobile home, motor home, camper, trailer, boat, machinery, farm equipment or machinery or any. other similar equipment or machinery (called collectively "Equipment") shall he Barked nr left standing for more than two (2) days out o£ any consecutive seven (7) day period within the front yard between the front building line and the front property line or within the side yard of a carrier lot between the side building line and the side property line on the side of the lot abutting a street or public right- of-way. In no event shall equipment, including motor vehicles, trucks and vans having an .11,000 pounds GVW or less (called "EMTV"} bs parked or left standing at any time oa a surface other than a paved driveway {called "Driveway") or paved parking lot (called "Farting Lot"}. The driveway shall be located either: 1} between the street or alley on the one hand, and on the other a garage or carport; 2) in the side. yard adjacent to the main bnildng; or 3) as a circular driveway serving the main entrance of the premises.. The driveway shall be no wider than the width of the garage, carport (or 20 feet whichever is greater} or parking, space which. It serves. No more than fifty percent (50%) of the front yard shall be a driveway. For purposes of this section, parking lot is defined as a paved snrface (other then "Driveway") used for the parking of EMTV located in muhiple-family 105 ~, . - development. In no, event shall EMTV be parked ar left .standing closer .than five .feet from the front property line. 5. Parking spaces shall be provided with suff cient space for entering and exiting without backing onto a public street. Parking lot aisle widths and parking. space angles shall comply with drawings in Appendix Illustration 13. Parking sgaees on the perimeter of the parking lot and abu tting a property. line shall h ave a wheel stop barrier two feet from the end of the parking space. 31:6. JOINT PARKIN FA - .IT S With approval of a site plan, off-street parking facilities for different buildings, structures, or uses, or for mixed uses, may be provided and used collectively or jointly in any. zoning. district in which separate ofP- street parking 'facilities for each_ constituent use would be permitted, subject to the following provisions: 1. A legally sufficient written agreement assuring the perpetual joint usage of sand common parking fo:r the combination of uses ar __. __ . buildings is properly drawn and executed by the parties concerned, approved as to form and execution by the Gity Attorney,. and filed with and made part of the applieatiou for a building permit: 2. Up to sixty percent (60%a) of the , parking spaces required for a theater or other place of evening entertainment, or for a church, may be pravided and used jointly by banks, offices, and similar uses no$ normally open, used, or operated during evening hours if specifically approved by the Planning. and Zoning Commission. Sneh approval may be rescinded by the City Council and additional parking shall be obtained by the owners in the event that the City Council determines that such joint use is resulting in a public nut anee by .providing an inadequate number of parking spaces or otherwise adversely affecting the gubl-c health, safety, or welfare. 31:7. DESIGN STANDARDS FOR FARHING STRUCTURE 1. In ali districts, above grade parking structures shall conform to height restrictions for zonixig districts in which they are located. 2. The distance from parking structure entry and exit points to a corner of a street. intersection shall conform to standards contained in the Subdivision Ordinance. 3. Ramps. .shall not be constructed with slopes exceeding fifteen percent (IS%a) and single -lane entrances shall not be less than twelve (12), €eet wide at the street. 4. A mini mum of one (1) car length shall be provided between art exit control gate and the inside .edge of a sidewalk to minimize conflicts between exiting cars and" pedestrians: l06 5. Parking structure facades. shall be left Fifty percent (50%) opea and interior light levels shall be maintained at ten (10} foot candles to enhance security. and safety. All parking structure lighting shall be designed so as not o reflect or shine on adjacent properties, 6. Full enclosure of any level of a parking. structure may be perrnitted only if such structure is fully sprinklered and mechanically ventilated. 31:$. OFF-STREET LOADING 1. All retail, commercial, and industrial structures shall provide and maintain off-street Facilities for the loading and unload-ng of merchandise and goods within the building or on the lot adjacent to a private service drive. At feast one-half of such loading. spaces shall have a minimum dimension of ten (10) feet by forty (40) feet, and the remaining spaces shall have a tnini<mum dimension of ten (10) feet by twenty (20) feet. Where such loading space is located. adjacent to a residential .district, the space shall be enclosed on three sides. Loading spaces shall be provided in accordance with the following schedule: Square Feet of Gross 4lnimum Required Spaces ar Berths 0 to 10,000 10;000 to 50;000 50,000 to 100;000 100,000 to 200,000 Each additional 100,000 None 1 2 3 1 additional FAR ALL HOTELS. OFFICE BUILDING RESTAURANT AND SIMILAR ESTABLISHMENTS Square Feet of Gross Floor Area in -Structure ~Lnimurn Required Spaces or Berths 0 to 50,000 50,000 to 150,000 150;000 to-300,000 300,000 to 500,000 500,000 to 1,000;000 Each additional 500,000 107 No-ne 1 2 3 4 1 additional __._ ___ ~~ _ _: Z. Kindergartens, day. schools, and similar child training and care establishments shall- provide loading and unloading space on a private drive, off-street to accommodate one (1) motor vehicle for each ten (YO) students or children cared for by the establishment.. 3, Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 5:00 a.m. and is adjacent: to a residential use or district shall be designed and constructed so as to fully enclose the loading operation, in order to reduce the effects of the noise of the operation on adjacent residences. 4. Where adjacent to residential uses or districts, off-street loading areas shall be screened from view of the residential use ar district. 31:9. STACKING REOUII2EMENTS FORD TVF-THRQUGH FA TT Ti'IES 1. A stacking space shall. be an area on a site measuring eight (8) feet by twenty (20) feet with direct forvrard access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. 2. For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided< with a minimum of five (S) stacking spaces. 3. For each service window of a drive-through restaurant, a minimum of seven (7) stacking spaces shall be provided. 4. For kiosks, a minimum of two (2) stacking spaces for each. service window shalt be provided. 31:10. NEW AND i1NLISTED USES L Where questions arise concerning the minimum off-street parking and/or loading requirements for any. use not specifically listed,. the requirements may be interpreted as those of a similar use. 2. Where a determination of the minimum parking and/ar loading requirements cannot be readily ascertained for new or unlisted uses or where uncertainty exists, the minimum off-street parking :and/or loading requirements shall lac established by the same process as provided far classifying new and unlisted uses. iOS _.__, __ ~, _ - , SECTION 32 AREA, SETBACK, HEIGHT, COVERAGE, AND DENSITY REGULATIONS 32:1. AREA. SETBACK HEI HT COVERAGE AND DEN ITYNIINIMi.JMREOUIl2EMENTS Except as hereinafter provided,. no building or structure or part thereof shall be erected, altered or converted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations specified in the following table and other regulations in this section for lot area, lot width, lot depth, front, side and rear. yards, height, dwelling unit area, lot coverage, and densities.. lD4 - _ 1t~ N 2 Q J U W 22 Y y Z W Oa Q W a w J 0 V 2 W Y U a H W N Q W Q a V1 W ~ ~ ~ 7 ~~ ~-7 ~ ~ W.(} CJO ~CJ~O QCjQO ~ Q O N N N N O O O. N N 4 Q Q d G 4 a a ~M d'NOI ~ '7N YCQ . N r t ,-.-N aW ~¢ ro OO ID O b~NN N O Nb Q'' ~ m ( p ap [ D ~ ~W OOONNN 000 O ~(> O . ~7 V <VNtO tp V? ~ U r 10 N N N N N N N N N N N N. N N N N N ~y V m m m m m M Y. m m K 7 M~~ 7 V' 7 m C W Y ^' a m m ~ ~ a c ~ _ o _ _ _ 0 N A N. N.N N N N ~ m ~.-.~,,, C C ... ~. ~ ~ ............ ~ ... ~ W - m N 2 U m` O r N N N N N~ N. ^~ N N N N N _ _ _ [O N flj ~ ~ ~ ~ ~ m m ~ O ~ -. ~ ~ ~ 01 W -m ~' ~ oo o^^ ""o m o 0 0 0 "o 0 0 N y ~ ~ h W N C ~ E _ _ ry N N N m m O m ..-. ~-. .-..-. ~~~ O O N a ~. E N ~ .- r to -_. ~._. ~._. ~.-. ~`. ~~ ~. Z Y m. m 'O N N N N N N N N~ N N N N N N ' ~ ~ N M M M M m M M m m m m m m M m ~ y. ~ O O O N N N N N Nf/Y N N N N Z N N N N N N N c N N m M N N N N N N~ N S LL Z c °' m ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O rOOO.OON ~ O m. ~ { NM WW m oJ W W Z c m v 2 - ~ c o= ~ 3~m o ~a oNOOO~~.ao~o~~~~~00 O N ^r f0 N. t(J N mNZ Z NN J C m N O C y V Q W ~ rn p m m~oo~°~`° m~~~ ~~~~~ J ~ . . r m r ~p `.N N Z m H C7 O ZS J QrNr.N UN '; rNLLLL LLLLSS rNmmrN N o a x x x F. m g~~~~ o 0 o u o~~ a . C ~ O ~ m $ m g m N W Y ` O_ y m E m ~ m m' V V 9 .~ .~ m 3 m m -~ m x L ° a N U ~ C E ~ ~ w ~ y C w L. U 'p :Q ~ " ~ m °3 _ . m a ~ 3 C ii ~ ~ ~ ~ a m a ~ ~ ~ V c N N ` V m ~ " ~ m U E 3 ~ ~ m m c T m c ~ m o c w ~ m m m m ~ ~ ~ a N T nL... m a Q. fi a ro ma N ^~ m c ~ m m ' v N ~ £ a m O V r O Ff ni L 9 N C w 3 a m o C c `n « ~- m U R W R O N ~ ~ ~ V !? O C m N T ~ ~ ~ '> ~ q O ~ ~ ~ m a _ N m m E H o m~$ w~O Y T N J ~ ~ C n `°yi Tam m h-m 'cam 9 o c a m a ~ E :a > m O? N m ` 8 `m C L m C ~ m ~.- w m ~ ~ L 0 O m N ~ .. . • .. m N j w J „m„ H :~ C m a m C U m N Y £ ~ o O ~ ( i ~ m ~ r c U C. •~ . _ y .. LA . m 0 m C - ~ Q m C Q ~ ~ N E ~ c M J ~ C ~ S m w c ~ m wE `~ u~ ` ° m = m j C L a 9 L m ~ 110 ~, Notes a. Single family dwellings require building lots of five (5) acres or more. b. A one-story wing or extension may be built to within Fifteen (15) feet of the rear lot line. c. ' No `development area shall contain less than three thousand five hundred. (3,500) square feet per dwelling unit. d. Lot width for a lot containing multifamily units shall be twenty (20) feet. per unit plus side yazd requirements. Lot width for a lot containing uses other than multifamily uses shall be that stipulated 'for those uses. in .this .ordinance.. e. .Setbacks. shall be fifty (56} feet. for a one-story building and seventy five (75) feet for a multi-story multifamily building. on the side of the lot adjoining or across an alleyway from a residential district, except that the width of the alleyway may be subtracted from the 75 foot setback requirement. Setbacks. for other permitted uses shall be twenty five (25)feet. )n the. case of more than bne building located on the same lot, a separation of one (1) foot for each two (2) feet of building height is required for all building. faces or .walls having openings for light, air- or access: A separation of fifteen (15) feet is required for buildings with faces or .walls which contain no openings for light, air or access. f. No lot containing multifamily units shall contain less than ten thousand (10;000) squaze feet or .one thousand five hundred (1,500) squaze feet per dwelling .unit, whichever is greater. Minimum lot sizes. for a lot containing uses other than multi-family uses shall be that stipulated for those uses in this ordinance. g. A building may be erected to a height of eighty (80) feet if .set back from all required yard lines a distance of one (1} foot for each two (2) feat of additional height above forty-five (45) feet. This requirement is in addition to all. other relevant setback requirements. h. The. front yard setback shall be forty three (43) feet where parking. is allowed in front of the building. is A sideyazd of not less than fifteen. (15) feet in width shall be provided on the side of a lot adjoining a residential disfrict even when separated by an .alley, When adjacent to a residential district, even when separated by an alley, no windows shall be permitted above ten (10) feet on the building. sides facing such residential district. j. No rear yard is required except that a rear yazd of not less. than twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is lesser; shall be provided upon that portion of a lot abutting ' or across a rear alley or street from a residential district. k: No side yard is required except that a side yard or a side street yard of not less than twenty five (25) feet in width shall be provided on the side of the lot adjoining or across the street from a residential or commercial. district. 1. A twenty-five (25) foot front yard is required except that a front yard of not less than fifty (50) feet shall be provided upon that portion of a lot abutting or across a street or alley from. property in :a residential. or commercial district. m. Side yard requirements shall be .the same as for the M-1 District except that a side yard or a side street yard of not less than fifty (50) feet in width shall be provided on the side of the lot adjoining or across the street from a. residential or eommerctal district. n . No rear yard is required except that a rear yard of not less than fifty (50) feet in depth shall. be provided upon that portion of a lot abutting or across a reaz street or alley from a residential district, except that such rear yard requirement shall be twenty-five (25) feet ih depth where the property in the residential district backs up to the rear street. 111 in, SECTION 33 "SU" SPECIFIC USE PERMITS 33:1. SITE PLAN REQUIRED The City Council, by an affirmative vote, after public hearing and proper notice to all parties affected and after recommendations from the Planning and Zoning Commission that the use is in general conformance with the Master Flan of the City and containing such requirements and safeguards as are necessary to protect adjoining property, may authorize a Specific Use Permit.. Application shall be accompanied. by a site plan drawn to scale and showing the general arrangements of the project, together with essential requirements such as aff-street parking facilities; size, height, construction materials, and locations of buildings and the uses. to be permitted; location and construction of signs; means, of ingress and egress to public streets; the type of visual screening such as wells, .plantings, and fences, and the relationship of the intended use to ail existing properties. and land uses in all directions to a minimum distance of two hundred (200) feet. 33:2. SPECIFIC USE PERMIT REC. Tt ATIONS 1. All applications for a Specific Use Permit shall be accompanied by sfx (6) copies of a site plan as defined in Section 3. 2. An application for a Specific Use Permit shall not be accepted unless all requirements of this section are shown on the sfte plan at the time application is made, 3. If the property has not greviously been. platted, or if the Specific Use Permit requested necessitates a replat, an application for approval of preliminary plat shall be filed with tare appfcaton. 4. Irt recommending that a Specific Use.. Permit far the premises under construction be granted, the Planning and Zoning Commission shall determine that such uses are harmonious with and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations. as to requirements for the paving of streets, alleys. and sidewalks, means of ingress and egress :to public streets, provisions for drainage, adequate off-street garkfng, protective screening and open space, heights of structures and compatability of building. 5. Every Specific Use Permit granted under these provisions shall be considered as an amendment to the Zoning Ordinance as applicable to such propetty under consideration, but shall not be considered as a permanent change in zoning. In the event the building, premise, or land uses under the .Specific Use Permit is voluntarily vacated or if the ownership is . voluntarily transferred,_. or if such building, premise, or laud is more than fifty percent (50°/a) destroyed by fire 12 Itt __ or other cause, the use of the same shall thereafter conform to the regulations of .the original zoning district of such property in effect prior to the. granting of the perrttt, unldss a new and separate Specific Use Permit is granted for continuation of the use. 6. All. uses permitted under a Specific Use Permit shah meet the minimum requirements for that use or similar type use in the district in which the use or similar type use is permitted. However, the City Council may vary the requirements if a compelling reason is present to allow flexibility for planning and design. 7. When a proposed development involves provisions for common areas, such as open space and recreational areas, copies- of the proposed articles of incorporation, by-laws and protective covenants shall be filed at the time of application. Provision shall be be made for the permanent care and maintenance of such common areas. 8. In granting a Specific Use Permit, the City Counca-E may impose conditions which shall be complied. with by the owner or grantee before a certificate of occupancy may be issued by the Building Inspector for ttse of the building on such progeny parsuaat to such Specific Use Permit. 9. A building permit shall be applied for and secured within six (6) months from the time of granting the Specific Use Permit, provided however, that. the City Council may authorize an extension- of this time upon recommendation by the Punning and Zoning Commission. 10. No building, premise or land used under a Specific Use Permii may be enlarged, .modified, structurally altered or otherwise significantly changed unless a separate Specific Use Permit as granted for such enlargement, modification, structural alteration or change. i i. When the City. Council authorizes granting of a Specific Use Fermat, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional ~rtd limited uses. SECTION 34 SUPPLEMENTARY DISTRICT REGULATIONS 34:1. ACCESSORY BUILDINGS Accessory buildings detached from, or attached to the male building by an enclosed or unenclosed structure, tztay be permitted within the allowable: building .area of any lot defined by the required frcartt, sale and rear building lines under the.. €ollowitig conditions; 113 __ ._~, ,:- 1. No accessory buildings may be permitted in the required front yard or in the required side yard. 2. Accessory buildings may be permitted in the required rear yard .provided: a. That they are detached from the main building or structure and sepazated therefrom by a distance of not less than ten (10) feet. b_ If an accessory building is located less than ten (10} feet from a rear lot line, tlae height of the building shall be no greater than eight (8) feet and a solid fence or wall of the same height shall be built on the rear lot line eo screen the building from property located to the rear. b. Said accessory buildings have a rear and side yard setback of not less than five (5) feet. 3. In na ease shall the total floor azga of all accessory bulldings or portions thereof within the required rear yard exceed thirty percent (30%) of the area of the required. rear yard. 4. An accessory building not exceeding twenty (ZUj feet in height may occupy no more than twenty-five percent (25%) of the area of a required rear .yard. 5. Where the accessory building is adjacent to a side street, the minimum side yard setback from said street shall be ten. (10) feet. 34:2. SPECIAL I~1+IGHT REGULATION 1. In zoning dsLriets and planned developments where the height of buildings is restricted to three (3) stories. or less, chur£h steeples,. domes and spires on school buildings and institutional buildings and the roofs of auditoriums and sanctearies of single story construction may be erected to exceed. the district's maximum height. Side and rear. yards shall be increased by two (2) additional feet and the front yard shall be increased by one (1) additional foot for each foot that such strttictures exceed the district's maximum height. fihe increase in the required Yazd shall apply .only to The portion of tha structure which causes -the increased yard requirements. Antennas and o-rnamental cupolas, domes and spires on other buildings may project. a maximum of six (6} feet above the highest point of the. roof withou# additional yard setbacks in all districts. 2. Utility poles and towers, gubliely-owned sports lighting, and publicly-owned water storage tanks are exempt from. height restrictions. 3. Flagpoes shall be limited to a maximum height of fifty (50) feet, except that this requirement may be altered or waived if the City Council- determines that... such alteration or waiver is not detrimentat to neighboring property. 4. Fubiic or semi-public service buildings, hospitals, institutions. or schools, where permitted, ,may be erected to a height not exceeding sixty (60) feet and churches and. other places of warship may be erected to a height not exceeding seventy-five (75} feet when each of the required yards are increased by otte (1} foot fur Bach foot of additional building 114 __ __ itr ,, _. height above the height regulations for the district in which the building is located. 5. No structure m-ay be erected to a height in excess of that .permitted by the regulations of such ai~eld zoning ordinance as may exist at the time and regulations of which apply to the area in which the. structure is being erected. 34:3. SPEeIAL FRONT' YARD REGI Tt ATIONS 1. Where the frontage on one. side of a street between :two (2) intersecting streets is divided try .two (2) or more coning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage. (See Appendix Illustration 9.) 2. Where a building line has been established by plat approved by the Planning and Zoning Commission and such line requires a greater or lesser front yard setback than is prescribed by this Ordinance far the district in which the building line is located, the required front yard shall .comply with the building line so established by such plat. 3. For existing through lots, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one (1) frontage on the .plat or by ordinance, in which event only an accessory building may be built on the Inc thus established. The main building must observe the front yard requirements for both streets. (See Appendix Illustration 7). 4. For existing through lots which are -bounded on three (3} sides by streets, all yards. between the main building and a street shall be regulated as front yards unless a front, side cad rear building line. have been established by p}at. 5. if buildings along .the frontage of any street between two (2) intersecting streets. in any residential district have observed au .average setback which is greater or lesser in dimension than the minimum front yard or setback established for the district in which the street frontage is located, and if no front building line has been established by plat, then the average setback of all buildings fronting upon such street between two (2) intersecting streets shall establish the. minimum front yard requirement. All vacant lots shall be assumed to have a minimum front yard specified for the district in computing the averagd front yard.. These provisions shall not be interpreted as requiring -a setback or front yard of more than ten (l0) feet greater than the front setback observed ,by any building ,on a contiguous lot. These provisions shall be superseded on any late where a minimum building line has been established by .plat or ordinance and the front yard or setback provisions of .such plat. or ordinance shall be observed. (See Appendix lIllustration i0.) 6, In ali districts;. except CB, fire distance as measured from the front int line to the face of the building. shall in no case be less than one-half the height of the building. 115 __ `Ilf 7, In all districts where buildings or structures are erected or altered to exceed two (2) stories in height, such buildings or structures shall not be located closer to any residential district boundary line than a distance equal to the sum of the required yard specified for :the zoning district in which such building or structure is located, plus twenty-five (2S) feet; plus twice the height of the portion of the building above two (2) stories. 8. In all residential developments except in garden (patio) home developments the .minimum front yards may be reduced by a maximum of five (S) feet when such yards front on the bulb portion of a cul-de- sac, In no case shall the required front. yard be reduced to less than twwenty-five {2S) feet under this provision. (See Appendix Illustration 4.) - 9. For corner lots with a curved corner lot line, the buildiag line shall be established. as provided in Appendix Illustration S. 10. Except where. staggered setbacks are permitted and utilized, residential building lifter shall be uniform along the entire frontage of a street between two (2) intersecting streets or alleys. 11. Except as herein provided, the front yard shall be open and unobstructed from a point forty (40) inches above the general ground level of the graded lot to the sky. Eaves and roof extensions ar a goreh without posts or columns may project into the required front yard- for a distance not to exceed four (4) feet and subsurface structures, platforms or slabs may not project into the front .yard to a height greater than foray (40) inches above the average grade of the yard. {See Appendix Illustration 6.) 12. Except in the CB district, on any comer lot, no fence, wall;. screen, billboard, sign, structure, or foliage of hedges, trees, hushes, or shrubs shall be erected, planted or maintained in such a manner as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a triangular area formed by extending the two (2) curb lines a .distance of forty-five (4S) feet from their point of intersection, and connecting ° these points with an imaging=ry line, thereby making a triangle. If there are no curbs existtng, the triangular area sltall be formed by extending the property lines a distance of twenty-five (2S) feet from thou point of intersection, and connecting these paints with as imaginary line, thereby making a triangle, In cases where streets do not intersect at approximately right angles, the City Engineer. shall have. the authority fio vary these requirements. as he deems necessary to provide safety for both vehicular and pedestrian traffic; however, he shall not require site distance in excess of two hundred seventy-five (275) feet, Within. this triangle, vision shall be clear at elevations between thirty (30) inches and trine (9) feet above the average grade of the street. 13. Attached; front accessory buildings, iricludittg garages. and carports,.. shall have a front setback from the street or access way not less than l l6 ~~, that of the main building or twenty (20) feet, whichever is greatEr. Detached accessory buildings shall be located behind the main building. 14. Gasoline service station. pump islands may not be located n€arer than thirty (3fl) :feet to the front property line. Canopies for .pump islands shall have a minimum setback of twenty (20) feet from the front property line.. 34:4. SIDE YARD REGIII:ATI 1. The minimum interior side yard requirements. in a non-residential Planned Development District shall be established on the site plan. 2. Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features projecting not to exceed twelve (l2) inches: into the required side .yard,. and roof eaves projecting .not to exceed thirty-six (36) inches. into the required side yard. A fence may be constructed on the property line adjacent to a lade yard. Mechanical equipment such as air conditioning compressors, swimming pool pamps and .filters, and similar devices may be installed in the side yard at a maximam height of sixty (60) inches above the ground level of the: graded lot. 3. In all districts where buildings or structures are erected or altered to exceed one (1) story in height, such, buildings or structures shall not be located closer to any residential dstrict boundary line than a distance equal to the stun of the required. yard specified for the zoning district in which such building or structure is located, Alas twenty-five (25) feet; plus twice the height of the partian of the building above two (2) stories. 4. Garages located and arranged so as €o be entered from the side yard shall leave a minimum .distance. of twenty (20) feet from the side lot line, alley line, or easetitent lime. Carports arranged to be entered from the side yard, whether adjacent. to an alley of street, shall have a minimum side yard. equal to the required side yard for the main building. 5. Where residential tots are platted such. that the side of one. lot abuts the. rear of another lot, the side building line adjacent to the street shall be platted at the same depth as the adjacent front building line, unless an alley is constructed between the two (2) lots so as to grovide a minimum fifteen (15) foot separation bettyeea the building lines. 6. Gasoline service station puwp islands. may not be lt~cated nearer than thirty (30) feet to the front property line_ Canopies for pump islands shall have a minimum st=tback of twenty (20) feet from the front property line 7, Where a lot of record at the time of the effective date of this ordinattee is less titan fifty (Sfl) feet in width, the required side yard I17 _ ~ _ ,. may be reduced to provide a minimum buildable width of thirty (30) feet, except that nu side yard shall be less titan five (S) feet. 8: For the gurpose of side yard regulations, an attached dweilrrg or multifamily dwelling shall be considered as one (1) building occupying one (1) lot 34:5. SPECIAL REAR YARD REGULATION 1. In all districts permitting residential structures, except C13, no main residential building. may be constructed nearer than ten. (10) feet to the rear property line, and the main residential building and all accessory buildings shall not cover more than fifty percent (SO°lo) of that portion of the lot lying to the rear of a line erected, joining the mid-point an one side lot line with the mid-point of the opposite side lot line. 2. The minimum rear yard requirement in a non-residential Planned Development District shall be established on the site plan. 3. In all districts where buildings or structures are erected or altered to exceed two stories is height, ,such buildings or structures shall not be located closer to any residential district boundary line than a distance equal to the surn of the required yard specified for the coning district in which such building or structure is located, plus twenty-five (25) feet, plus twice the height of the portion of the building above two (2) stories. 4. Carports, garages, or other accessory buildings located behind the main .building and constructed closer than. fifteen (IS) feet to the main building shall have a rear yard equivalent to the rear' yard requirement for the main building, except that a carport may be constructed not closer than five (5) feet to .the rear lot- line. if .there is an alley between that Iine acid the lnt to the rear. S. Garages arranged so as to be entered by a motor vehicle Pram an alley or alley easement shall be set back from the rear lot line ar alley easement line a minimum distance of twenty (20) feet. 6. Every part of a required rear yard shall be open and unobstructed. to the aky from a point forty (40) inches.-above the ground level of the graded lot, except for permitted accessory buildings and the ordinary projections of window sills, belt courses, cornices; and roof overhangs and other architectural features projecting not to exceed four feet into the required rear yard. A fence may be constructed on the property Iine adjacent.. to a rear yard... 34:6. OPEN STORAGE 1. No open storage of commodities, materials, junk, or equiprrtent for sale or display shall be permitted in any residential or office district: 118 li 2. ©pen storage of commodities and materials offered for sale shall be permitted as an accessory use in the G-1, C-2, CB and C-3 Istricts, provided that. such open storage shall: a. Be located behind the required building lime; b. Observe all yard requirements; c. Have a maximum height not to exceed one-half the height of the main building; d. .Not exceed twenty percent (20%a) coverage of the lot area which lies behind the building line; e. Be screened from view from any street with screening which does not contain openings constituting more than forty (40) square inches in each one (1) square foot of screening sur€ace, except that in C-1, C- 2, and CB districts, solid screening of the same. type and manner of construction as -the main building shall be required. 3. The above standards shall not apply to new or used automobile dealer facilities which have outdoor display of vehicles for sale. Such display of vehicles shall be permitted as an accessory use to a dealer facility which shall be approved as part of Lhe overall approval of a site plan for an automobile dealer facility. 4. The above .standards shad not apply to a nursery when ii is the primary use on the site.. 5. Nothing in this section shall be deemed to prohibit temporary open storage of merchandise for display and sale during a sidewalk Sale. 34:7. FENCE ANI) WALI.I2EGULATI(7NS 1. Screening Walls or Visual Barriers a, Where the side or rear yard o£ a multifamily use or a non- resdential use is contiguous. to a single family or two-family residential district or the side or rear Bard of a non-residential use is contiguous. to a multifamily district, a solid screening wall or fence of not less than six (6) nor more thin eight (8) feet in height shall be erected on or near the property :line separating these districts. The screening. wall ar fence. shall be in place prior to the isstrance of a building permit an a lot or tract. The purpose of the screening wall or fence is to provide a visual barrier between the properties. In cases where the Planning and Zoning. Commission finds this requirement to be impractical for immediate construction, it may grant a temporary or permanent waiver of the required screening wall or fence until such time as the screening wall or fence Fray be deemed necessary by the City Council. In cases where the 1'lanrutsg and Zoning Commission finds this requirement to be better met by an irrigated living screen, the same may be substituted for the screening wall. 119 --- ~~ - - b. When the rear or service. side of anon-residential use is adjacent to a public thoroughfare, screening of at least six (6) nor more than eight ($) feet in height shall be erected. c: Any screening wall or fence required under the provisions of this section, a Specific Use. Permit, Planned Development District, or other requirement shall be constructed of wood., masonry or reinforced concrete which does not contain openings constituting more than forty {40) square inches in each one (1) square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. All wall or fence openings shall. be equipped with. gates egaal in height and screening characteristics to the wall or fence. d. luo fence, Breen, wall, or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehiel-e driver approaching anq streei intersection, in accordance with Sections 34.3 and 34.4. e. Where an alley intersects with a street, no fence or plant taller than thirty (30) inches may be placed within a sight visibility triangle defined by measuring night {$) feet to a point along the property lines and joining said points to €arm the hypotenuse of the triangle. f. A11 required screening walls shall be equally finished on both sides of the wall. 2. Fence and Wall Regulations in Residential Districts In any residential district or along the common boundary between any residential and non-residential district where a wall, fence,. or screening separation is erected, the following standards for height, iocation, and design shall be Observed: a. Any required fence or wall located to the rear of the minimum required front yard line as determined. by the provisions of .Section 32 shall not exceed -eight (8) feet iri height above the grade of the adjacent property. b. The maximum height of a fence or wall in a required front yard of an R-1L, R-I, R-2, 'fF or SF-A District shall not exceed thirty-six (36) inches. Combination oP berms and fences shall not exceed forty (40) inches in height. Fences around outdoor play areas located in the front yard of day care, centers may be a, maximum of forty eight {48) inches in height. c. All fences and walls in the required front yard, .except headlight screens required by Section 31.9, shall be at ..least fifty {50) percent open. d. Where a corner lot is platted with two (2) front yards, and a house is constructed facing one of the front. yards, the second front yard 120 _l9f shall be deemed to be aside yard, which: may be fenced in the same manner as any other side yard adjacent to a street, except that the fence shall. be constructed an an angle beginning at the intersection of the building. line with the lot line, and ending at a point on the street right-of-way located a minimum of fifteen (i5) feet from the lot line (See .Appendix Illustration 8 34:.8. DISTANCi~'S BETWEEN B in IN ON SAIvf~~ QT 1. Where any wall or portion thereof of a residential buifd:ng is parallel to or within thirty (30) degrees of another wail or portion thereof of the saute building or of another residential building on the same lot, the distance between the two (2) walls shall not be less than one-fourth of the length of the shorter wall. The distance between walls of buildings shall not be less than ten (lQ) fe et and need not exceed thirty (30) feet. 2. Distance between walls of buildings. is the shortest horizontal distance measured between the vertical walls of a building or buildings perpendicular to an axis, alt points along which are midway between said walls. 34:9. MINIMUM STREET FRONTA REQUIRED Ft7 RESIDENTIAL I J E Except as permitted in this ordinance, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for at least thirty (30) feel on a street or afficial~y approved glace which means of access. shall have a minimum right-of-way width ~f thirty- five (35) feet. 34:1:0. PROIECT'IONS INT012EOU1RED Y RDS Open and unenclased building projections such as outside stairways and fire escapes, balconies, terraces or porches, awnings, cave and roof extensions, and .ornamental features mhy project into. the reduired yards for a distance not to exceed three (3} feet. In no case shall such projections be located closer than three (3) feet from any tot line. 34:11. PARKWAI'S " It shall be unlawful to set out, construct, maintain or permit. to be maintained, set ovt or constructed any shrub or plant. (excluding trees) sign. or .structure, or any other v#ew obstruction having a height of greaten than three (3) feet, as measured from the top of the curb of the adjacent street, in the parkway area. AlI trees with a trunk diameter greater than two (2) inches measured three (3) feet above ground level that are within any of the parkway area shall be trimmed so that no folnage is less titan six (6) feet above the top of the curb of the adjacent street. No evergreen or coniferous species of tree shall be allowed in the parkway: This section shall no-t apply to traffic coatrol signs aztd signals, street sigrts, mail boxes which .are less than talc (2) feet long on each side 121 Ilf - which is perpendicular to the street., or utility poles placed within the pa-rkway. No such tree, shrub. or plant, sign or structure (including mailboxes) shall be allowed to interfere with the free passage of vehicles on the street- or of pedestrians on .the sidewalk or to obscure the view of motor vehicle operators of any traffic control device or street sign or otherwise create a traffic hazard. 34:12. I::AND.SCAPING 1, Definitions: The. following terms.. shall have the meaning as indicatdd for purposes of this subsections Buffering. means -the use of landscaping (other than mere grass on flat terrain), either along or in conjunction with berms, walls, or decorative Peaces that at least partially and periodically obstruct the view from the street, in a continuous manner, of vehicular use areas, parking lots and their parked cars, and detention ponds. er means the diameter of a tree measured twelve (12) inches above ground. Landscaped .area means the area within the boundaries of a given lot or where .applicable the .adjoining street right-of-way,. which is devoted. to and consists of plant material including but not limited to grass, trees, shrubs, flowers, wines and other groundcover, native plant materials, planters, brick,. stone, natural forms, water forms, aggregate and other landscape features, but not including the use of smooth cortcrete or .asphalt, provided, however, tYta-t the use of brick, stone, aggregate or €rther :inorganic materials shall not exceed twenty percent (20%) of the required landscape area. Street yard means the area of a lot which lies between the street right- of-way and the actual front wall line of the building, as such building wall line extends from the outward Comes of the building, ga-railer to the street,. until such imaginary extensions of such front building wall ine intersects the side property lines: In determining the actual building wall of the but ding for the purposes of this section, steps .and unenclosed porches. shall be .excluded but such building wall line shall follow and include the irregular indentions of the building. A front building wall is a building wall fronting mn a street. Qn corner lots, the. street -yard shall consist of all the area of such. lot between all abutting. street right-of way lines and their corresponding actual front building wall lines, as such lines are imaginarily extended in the .manner provided above. When there are ;multiple buildings. on a lot, the street yard shall consist of all the- area of the lot. between the street right-of-way line(s) and an imaginary fine beginning at one side of the property line, running parallel to tt~e street, connectin g to the frontmost corner of the building wail fronting the street and neare st such side property line, then fallowing an-d connecting the fron3most walls of all buildings fronting on the street, and then extending , to the other side property 122 ~ ~ _. line, running parallel to the street. If a building has a rounded front, the front building. wall corners shall be the points closest to the side boundaries. Isolated buildutgs (e.g., bank drive-throughs) shall not be considered in delineating the street yard. Notwithstanding all of the. foregoing, on land used only for parking purposes or only as a commercial or private parking lot, the street yard shall consist of the area between the street right-of-way line and the back property line.. Tree means a woody plant having one well defined stem or trunk and a more or less definitely formed crown, and usually attaining a mature height of at least eight (8) feet. Owner means fire person who has legal title to the property or a lessee, agent, employee or other person acting on behalf of the ttlehczlder with authorization to do so. 2. Requirements: In all districts excegt A, R-L, R-1, R-2, TF, 1\RII-1, MH- 2 and CB, the following landscaping requirements shall apply: 1. The landscaping requirements of this subsection are applicable to all new construction and additions to or remodeling of existing structures where -the value of the additions or remodeling as calculated. using the current Building Valuation Data cost per square foot as published in the Building Standards of the International Conference of $uilding Officials exceeds fifty percent (50°k>) of the existing building. value as shown on the current tax mil and a minimum value of the improvement of $15,000. Any additions Co any existing off-street parking area shall require landscaping of the entire contiguous parking area. 2. Every lot shall provide a minimum percentage of the lot area to be utilized for landscaping, as indicated below. The required landscaping area shall not include driveways, paved walks, or alleys. Where a fence or wall is required, .the fence or wall may be located within the required landscaping area. Excepting the SF-A, MF-1 AND MF-2 zoning districts, all required landscaped areas" shall be visible from adjacent street(s). Public rights-of-way between the back of curb (or edge of pavement where curb is not present) and the property line. (excluding any required sidewalk) shall be .completely landscaped. Any landscaped area-in the public right-of way in excess of ten (10) feet in width may be credited toward the landscaping requirements set out below. A maximum. of one-half of the required landscaping area may. be located in the nonpaved street right-af-way abutting rite lot... 123 _,. All landscaping in he right-of-way shall be subject to the following requirements: a. The city may at any time require such landscaping to be removed and the city shall not be held responsible or liable for any damages due to such removal. b. No -permanent structures may be placed within the right-af- way.... c. The owner of the property or tract shall be responsible for maintaining the landscaping located within the right-of-way. Percent of Total Percent of Required Development Area Front Yard Zoning Di txict To &e Landscaped To Be Landscaned SF-A 20 3 MF-1 13 5 MF-2 _ _ 13 5 U 10 5 O 10 S C-1 3 5 C-2 3 3 C-3 5 3 NI-1 3 3 M-2 3 3 Required landscaping an a lot, tract or parcel having two.. hundred (200) feet of less of street ft-ontage per. street may be alternatively located on the adjoining otrf placed in accordance with and in addition to the minimum ianrlscaphg requirements of this subsection. 3: In required front yards, the following minimum tree planting .ratios shall be required: a. In street yards up to 10;000 square feet, 1 tree per 3,000 square feet. b. In street yards between 10,000 square feet and 100,000 square feet, 1 tree per 3,000 square feet over 10,000 square. feet, in addition o 3 required trees. c:"In street yards over 100,000 .square: feet, l tree per 7,500 square €eet over 100;000 square feet, in addition to Z1 required trees. All newly planted trees shall be planted in a .pervious area no- less than three feet wide in any direction. 4. On any corner lot, all landscaping shall be designed and maintained to conform with. the visibility standards in this and any other relevant city ordinance. When a driveway intersects a public right-of-way, all landscaping within the tiiangular areas described below shall provide unobstructed cross-visibility at a level between two (2) feet and eight ($) feet above street grade. 124 - . The triangular areas referred to are the areas of property on both sides of an accessway where. it intersects a public right-of-way.,. with the. two sides of each triangle being ten (lfl) feet long from .the. point of intersection and the -third side being a line connecting the ends of the other two. 5. In instances. where healthy plant material exists on a site prior to its development, the appleatiott - of the above landscaping requirements may be adjusted if such an adjustment is consistent with and will preserve the intent of this ordinance. 6. All plant material shall be maintained at all times in a livrtg and growing condition. Any landscaping material that dies shall be replaced with healthy material. 7. Ali landscaping .must be irrigated or .located within one hnncired (100) feet of a private water outlet to which a hose may be cormected. 8. The Zoning Administrator shall have the 'authority to waive or delay .implementation of the requirements of this subsection when public improvements {e.g., water, sanitary sewer,. drainage, street facilities) have been authorized and scheduled which would affect landscaping on a lot or tract. 9. The Zoning Administrator shall have the authority to wave implementation of the requirements of this subsection for a temporary use which will be in operation for period of one (1) year or less. 3. Landscaping Ptan: .Prior to the issuance of a building permit or a paving permit, two (2) copies. of a landscaping plan shall he submitted to the Zoning Administrator for review sad approval. The plan shall. be drawn to scale, including all dimensions, and shall meet the following requirements: a. Clearly show the location and size. of buildings. and stauctarres; b. Clearly show the location of all paved off-street parking areas; and c. Clearly show any fencing and the Inca#ion, size, and description of .all landscaping materials to be utilized an a site in accordance with the requirements of this subsection. 4. Occupancy: It shall be unlawful to occupy or allow the occuganey of any lot, block, parcel, tract or building site unless landscaping is first installed and maintained in accordance with this subsection. 5. Variances.: Variances to the requirements of this subsection may be authorized by the Zoning Board of Adjustment in acco-rdance with the requirements and procedures.. of Section 37 of this ordinance. In authorising a variance., the Board shall :find and show in its .minutes that the variance would allow for Lhe installation of alternative landscaping materials not o-therwise contemplated by this subsection. In considering a variance the Board shall endeavor to make a particular .125 _. __ ~a site and project feasible by varying first the parking setback or lot .coverage, then varying the landscaping requirements. SECTION 35 NON-CONFORMING LOTS, USES OF LAND, STRUCTURES, AND USES OF STRUCTURES. AND PREMISES 35:1. 1N'fEN 1. Within the districts established by this ordinance or amendments that may later be adopted there may exist lots, structures, and uses of land and structures 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. am€ndments. 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 non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.. 2. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land shall not be extended or enlarged after passage b:f this ordinance by axtachment nn 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. 3. 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 construcfion was lawfully begun prior to the effective date of adoption or amendment of this .ordinance and upon which. actual building construction has diligently been undertaken. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be- actual construction, provided that work shall be diligently carried on until completion of the building involved. 4. A ndnconformng use shall not be extended or rebuilt in case of obsolescence or total destruction by fire ar other causes. In the case of partial destruction by fire or ether causes not exceeding. fifty percent (50%) of its value, the Building Official shalt issue a- permit for reconstruc ion. If destruction is greater than fifty percent (50'%} of its value, the Board of Adjustment may grant a permit for repair or replacement after public hearing and having due regard l26 ,x €or clte property right of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconfortn:ing use and the purposes of this ordinance. 6. If, by amendment to .this ordinance, any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher :classification, the grovsons of this ordinance relating to the nonconformant use of buildings or premises existing upon the effective date of this ordinance shall apply to building or prcmises occupied or used upon the effective date of such amendment. 35:2. NQN-CONFORMIl\TGLQTS OFRECORD In a district wltere single family dwellings are permitted, a single family detached dwetling may be erected on any lot of official record at the effective date of adoption or amendment of this ordinance, irrespective of its area or width, provided that yard dimensions and other requirements not involving 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 dimensions and other requirements shall be obtained only through action. of the Zoning Board of Ad}ustment. 35:3. NON-CONFflRM1NG USES OF' LAND Where,. ai the effective date of adoption or amendment of this ordinance, a lawful. use of lead exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise .lawful, subject to the following provisions: 1, No such non-conforming use shall be enlarged or increased, nor shall it be extended to occupy a greater afea of land thari was occupied at the effective date of adoption or amendment of this ordinance. 2. No such non-eonfoiming use shall be moved in whole or in part to any other portion of the lot ar parcel occupied by such use at the effective date of adoption or amendment. of this ordinance. 3. If any such non-conforming. use of land ceases for any reason (except by reason of destruction of the premises because of fire, act of God, involuntary destnrction, or involuntary damage) for a period of more than sixty (6d) days, :any subsequent use of such land. shall conform to the regulations specified- by this ordinance far the district is which such land is located. 35.4. NON-CONFORMING ST12 CTLtRFS Where. a lawful :structure exists at the effective. date of adoption or amendment of this ordinance that could not be built under the terms of i27 __ m , this ordinance by reason of restrictions on area, lot coverage,. height, yards,. or other characteristics of the strnctnre or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions; 1. No such structure may be enlarged or altered in any way which increases its non-conformity. 2. Should any structure be destroyed by means other than by voluntary destruction to an extent that its replacement is necessary, it may be reconstructed so as to be used in accordance with its prior non- conforming status. 3. Should such structure be moved for any reason far any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. 4. A residential. dwelling unit having a lesser floor area at the time of the passage of this ordinance than the minimum floor area required for the district in which it is located shall not be construed to be nonconforming. 35:5. NON-tONFORivtnv CFS OFSTRUCTIIRES If a lawful use of a structure or of structure and premises in combination exists at the effective date of adoption or amendment of this ordinance that would not be allowed in the district under fate terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to .the following provisions: 1. No existing structure devoted to a use not permitted by this ordinance in fhe district in which i3 is located shall be en:Iarged, extended, constructed, reconstructed, moved, or structurally .altered except in changing the use of the struetltre to a use permitted in the district in which it is located; unless specifically approved by the Zoning Board of Adjustment. Such approval shall a>e granted only when significant hardship as a result of the absence of said approval is demonstrated. 2. Any eon-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. 3. if no structural alteratigns are made, any .non-conforming use of a stracture or stntcture and premises may be changed to another non- conforming use provided that the Board, 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 Board may fequire appropriate conditions. and safeguards in accordance with the provisions of th-is ordinance. 128 ~ , -. 4: Any structure or structure and land in combination in ar on which a nan-conforming use is superseded by a pcrrnitted use shall thereafter conform to the regulations for the district in which such structure is located and the non-conforming use may not thereafter be resumed.. 5. When a non.-conforming use. of a structure, or structure and premises in combination, is diseaatittued or abandoned for six (6) consecutive months or for eighteen {1$) months during any three- year period, the structure, or structure and premises in combination, shall ...not. thereafter be used except in conformance with the regulations of the district in which. it is located, except. with the approval of the Board. 6. Where non-conforming .use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. 35:6. REPAIR. MAINTENANCE. AND RESTQRATIQN 1. Repairs and Maintenance. On any building devoted in ..whale or in part to any non-conforming use, the same may. be repaired, provided that the repairs and construction work done on said building comply with the Building Code of the City of Plainview. 2. Wear and Tear, Nothing in this ordinance .shall prevent the reconstruction, repair or rebuilding of a non-conforming structure,. building, or any part thereof existing at the effective .date of this Ordinance, rendered necessary by wear and tear or deprecat-ion, provided that such repair or rebuilding shall comply with the provisions of the Building Code. of the City of Plainview. SECTION 36 SITE PLAN REVIEW 36:1. PURF.(?SE fihis section establishes a site plea review process fa€ pr~iposed development. Tkte purpose of the review is to ensure efficient and safe land develaprnent, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and Loading, .and adequate water supply, dr-ainage and storm water management, sanitary facilities, and other utilities and services: 129 - im _ 36:2. SITE PLAI+I REVIEW REQUIRED Site plan review shall , be required for the following: 1. Any shopping center. 2. Any apartment development or mobile home park. 3. Any Planned Development or Specific Use Permit. 4. Any development where more than one (1) main building or use is proposed on a single lot or tract, No building permit shall be issued for any of the above developments, unless a site plan is first submitted to and approved by the Planning and Zoning Commission. Notwithstanding any other provisions of this ordinance or its amendments, the Zoning Administrator may at his discretion require a site plan for any development to be submitted for approval by the Planning and Zoning Commission if in his opinion it is in the best ihterest of the City. to do so. Site plan approval .shall not be required for any detached one (l) or two (2} dwelling unit buildings or any accessory uses incidental thereto. The Planning and Zoning Commission may, at .the request of the applicant, waive any of the various requirements of maps and submissions hereinafter set forth. 36:3. SITE PLAN DETAILS The site plan shall contain sufficient information relative to site design considerations, including. but not limited to the following: 1. Locati-on of proposed building(s) and structures; 2. Qn-and off-site circulation; 3. Parking; 4. Grading; 5. Landscaping; 6. Placement of utilities; ?. Screening; and 8. Engineering for streets and utilities. Provision of the above items sha$ conform to the principles and standards of this. ordinance. To ensue the submission of adequate site plan information, the Zoning Administrator is hereby empowered to maintain and distribute a list of specific requirements. for site plan review applications. 36:4. SUPPLEMEtATAL REQUII2EMFAITS 'Fhe Planning ahd Zoning Commission may r-equire other information and data for specific site plans. .This data may include but is not timfted to geologic information, water. yields, floofl data, environmental information, traffic analysis, road capacities, market information, economic data for the proposed development, hours of operation, 130 elevations and perspective drawings, lighting,. and similar information. Conditional approval of a 'site plait may establish conditions: of reconstruction .based on such information. 36::5 PRINCIPLES AND STANDARDS F012 1 PLAN REVIEW The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City. The Planning .and Zoning Commission. shall review the site plan for compliance with all applicable Ordinances and Comprehensive Plan; for harmony with surrounding uses and the overall plan for development of the City; for the promotion of the health, safety, order, efficiency and economy of the City; and for the maintenance of property values and the general welfare. Based upon its .review, the.. Commission may approve, conditionally approve, request modifications or deny approval of the site plan based on evaluation of the site plan details with respect to: 1. The site plan's compliance with. all provisions of the Zoning Ordinance and other oi~dinanees of .the City including but not limited to off-street parking .:and loading, lighting, open space and the generation of objectionable smoke, fames, noise, odors, dust, glare, vibration or heat. 2. The environmentai impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties aad neighborhood. 3: The. relationship of the development to adjacent uses in terms of harmonious design, setbacks, maintenance of property values and negative impacts. 4. The provision of a safe and efficient vehicular and pedestrian circulation system. 5. The design and. location of off-street parking and loading facilities to ensure that all such spaces are usable and are safety and conveniently arranged. 4. The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency egttipment to buildings. 7. The coordination of streets so as to compose a conwenien system consistent with the Thoroughfare PIan of the City. 8. The use of landscaping and screeffng (1) to pmvide adequate buffers to shield lights,.. noise,. movement. or activities from adjacent properties when necessary, and (2) to .complement the design. and location of buildings and be integrated into the overall site design. 131 -.- ,a, ,_ -, 9. Exterior lighting to ensure safe movetnent and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties, 10, The location, size and configuration of open space area to ensure that such areas are snitabie for. intended recreation- and conservation uses... 11. Protective and conservation of soils farm erosion by wind or water or from excavation or grading. 12. PPOtection and conservatioa of water courses and areas subject to flooding. 13. The. decision of the Planning and Zoning Commission to approve or deny a Site Plan shall be €inal and binding unless an appeal of said decision is made to the City Council The :appeal shall be filed In writing with the Planning Department not more than seven (7) days after the date of the action taken by the Planning and Zoning Commission. The appeal shall state all reasons for dissaiisfactioa with the action of the Planning and Zoning Commission, If the City Council,. by majority vote, deems the appeal `to be without merit, it may refuse to accept the appeal, and the action of the Planning and Zoning Commission shall stand. If the City Council, by majority vote, accepts the appeal, the decision by the City Council tb approve, conditionally approve, request modifications, or deny a site plan shall be final and binding. In cases where site plan. approval includes provisions which must be approved by the Csty Council, Planning and Zaaing Commssioa approval of the site plan shall be referred to the City Cowneil for this action: 36:6. EFFECT OI~ SiTEPLANAPPROVAL If development of a lot with an approved site plan has not commenced within two (2) years of the date of final approval of the site plan, the site plan shall be deemed to have expired; ahd a review and reapproval of the approved site plan by the Planning and Zoning Commission shall be required before a building` permit may be issued. Said. review and approval shall be evaluated according to the standards of this section, taking into account all. changes to applicable ordinances wh-tch have occurred subsequent to the prior approval of the site plan. It is recognized that final architectural necessitate minor dhanges in the approved- Zoning .Administrator shall have the modifications of an approved site plan, p do not materially change the circulation site. 132 and engineering design may site plan. In such cases, the authority. to approve minor rovided that such modifications and building location on the _~ __ SECTION 37 ZONING BOARD OF ADJUSTMENT 37:1. ORGANIZATION AND PROCEDURE 1. Establishment A Zoning Board of Adjustment is hereby reestablished in accordance with the provisions of Texss Local G-overnment Code, §2l'l.f108, regarding the zoning of cities and with the powers and duties as provided in said Code. 2. Membership The Zoning Board of Adjustment shall consist of five (5) members, each to be appointed by the City Council for a term of two (2) years and removable for cause by the appointing authority upon written charges and. after public hearing. Vacancies shall be filled for the unexpired term of any member, whose .place becomes vacant for any cause, in the. same manner as the original appointment was made. Three (3) members shall serve until ]anuary 1 of odd-numbered years, as heretofore appointed,. and two (2) members, as heretofore appointed, shall serve until January 1 of even-numbered years, and thereafter each member reappointed or each new appointee shall serve for a full term of two (2) years unless removed.. as hereinabwe provided. The City Council may also .appoint four (4) alternate members of the Board who shall serve in the absence of one or more of the regular members when requested to do so by itte chairman of the Board, so that all cases to be heard by tYte Board will always be heard by a minimum number of fottr (4) members. These alternate members, when appointed, shalt serve €or the saute period as the regular members, which is for a term of two (2) yearn, and any vacancy shall be filled in the same manner and they shall be subject to :removal by the same means and under the same procedures as the regular members. 3. -Hearings The hearings of the Board shall be gublc. The Board shall hear the intervention. of any owner of property adjacent to, in the rear of, or across the street from a lot as to which. the grouting of any permit is pending, and shall aiso hear any other parties in interest.. All hearings are to be heard by at least four (4) .members of the Board, 4. Meetings Regular meetings of the Board shall be held at such. times as the Board may determine. Special meetings of the Board shall be held at the call of the. chairman or at the written request of two regular members of the Board, said request to be submitted to the Chairman. 133 5. Rules and Regulations The 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 immediately filed in the office of the Board and s)iall be public ree0rd. The Board shall act by resolution in which four (4) members must concur. The Board shall adopt from time. to .time. such additional rules and regulations as it may deem .necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the Zoning Administrator and the Building Inspector, all of which roles and regulations shall operate uniformly in alI cases. All of its resolutions and- orders shall be in accordance therewith.. 37:2. POWERS AND DUTIE r OF BOARD 1, Appeals Based on Error The Baazd shall have the power to hear and decide appeals where it is alleged there is error of iaw in any order, requirement, decision or determination made by an administrative official of the city in the enforcement of this ordinance. ~. Special Exceptions The Board shall have the power to hear and decide special except%ons to the terms of this ordinance upon which the Board is required to pass. as follows: a. Permit the erection and use of a building or the use of premises for railroads if such uses are in general conformity with the Master Plan and present no conflict Or nuisance to adjacent properties. b. Permit a public utility or public service or .structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility- er public service building is permitted to be orated, when found reasonably necessary -for the public health, convenience, safety or general welfare. c. Grant a permit for the extension of a use, height. or area regulation into an adjoining district where the boundary line of the district divides a lot in a single owflership on the effective date of this ordinance. , d. Permit the reconstruction Of a non-conforming building which has been damaged by explosion, fire, net of God, or the public enemy, to the extent of more than fifty percent (50%} Of its fair market value, where the Board firrds some compelling necessity 134 f, requiring a continuance of the nonconforming use and primary purpose of continuing the nonconforming use is not to continue a monopoly. e. Waive or reduce the parking and loading requirements in nay of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking ar loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting att advantage or a convenience. f. Determine whether an industry should be permitted within District "M=1", Light Industrial, and District "M-2", Heavy Industrial; because of the methods. by which it would he operated and because of its effect upon uses within surrounding zoning districts. g. Role on all applications on siting of manufactured homes in districts not so zoned. Approval shah only be allowed in cases of extreme hardship under guidelines established by the Board. 4. Limitation on Reapplicatons When the Berard has denied a proposal, no new applica~tians of similar nature shall be accepted by the Board or scheduled for -twetve (12) months after the date of Board denial. Applications which have ..been withdrawn at or before the Board meeting .may he resubmitted at any time far hearing before the Board. 5, Vote of Four Members Required The concurring vote of four members of the board is necessary to: (1) reverse an order, requirement, decision or determination of an administrative official;. (2) decide in favor of an applicant on a matter oa which the board is required to pass; or (3) authorise a variation from the terms of a zoning ordinance. 37:3. APPEALS 1. Procedure Appeals may be taken to and before the Zoning Board of Ad}ustment by any .person. aggrieved, or : by any. officer, department, board or bureau in the City. Such appeal shall be made by filing with the office of the Board a notice of appeal and specifying the grounds thereof. The office. or department from which the appeal -i:s taken shall forthwith transmit to the Board. all of the papers constituting the record upon which the action appealed from was taken. T35 2. Stay of Proceedings An appeal shah stay all proceedings in furtherance of the action appealed from unless the Building .Inspector shaiI certify to the Zoning .Board of Adjustment that,.. by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining .order which. may be granted or by a court of equity, after notice to the office. fmm whore the appeal is taken. 3. Notice of Hearing on Appeal The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to i[, and shall -mail notices of such hearing to the petitioner and to the owners of property lying within. two hundred (200) feet of any point of the lot or portion thereof on which a variation is desired, and to ail other persons. deemed bg the Board to be affected thereby, such owners and persons being determined according to the current tax rolls of the City. Depositing of such written notice in the mail shalt be deemed sufficient compliance therewith: 4. Decision by Board The Board shall decide the appeal within a reasonable time. idpua the hearing, any .party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly or may modify the order, requirements, decision,. or determination as in its opinion aught to be made in the premises, and to that end, shall have all powers of the officer or department .from whom the appeal is taken. 37:4. VARIANt;ES The Board sfiall :have the power to authorize upon agpeai in specific cases. such variance from the terms of this ordinance as will not be contrary to the :public interest where, owing to special conditions,. a literal .enforcement of the provisions of this ordinance will. result in unnecessary hardship and so that the spirit of this ordinance shall: be observed and substantial justice done, including the following: 1. Permit a variance in the yard re~u=Fements of any district where there are unusual and practica4 difficulties or uanece-scary hardships in the carrying out of the :provisions due to an irregular shape of the lot: or topographical ar other conditions, :provided. such variance wil<l not seriously, affect any adjoining. property ar the general welfare. 2. Authorize, upon. appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the construction or alterations of buildings or structures will iutpose upon .him unusual and practical difficulties or particular hardship, 136. ~'~ _ _ . such variances front the strict application of the terms of this ordinance as are in harmony with its own general purpose and intent, but only when the Board is satisfied that granting. of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so 8reat as to warrant a variance from the comprehensive plan as established by this ordinance and at the same time, the surrounding property will be properly protected. 37:5. CIlANGES The Board shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time, The Board may not change the district designation of any land either to a more or less restrictive none. It is the intent of this ordinance that all questions of interpretation and enforcement shall' be first presented to the administrative official; that such questions shall. be presented to the Board only on appeal From the decision of the Building Official and that recourse from the decisions of the Zoning Board of Ad}ustment shall be to the courts as provided by the laws of the State of Texas. SECTION 38 PLANNING AND ZONING COMMISSION 37:1. OR ANt ATION AND PROCED 1RF 1. Establishment A Planning and Zoning Commission is hereby reestablished in accordance with the provisions of Texas Local Government Code, §2:11.007, regarding the zoning of cities and with the powers and duties as provided in said. Code. 2. Membership The Commission shall .consist of seven (7) members, each to be appointed by the City Council for a term of two (2) years and removable for cause b~ the appointi-ng authority upon written charges and after public hearing. vacancies shall. be filled for the unexpired term of any member, wltose place becomes vacaat for any cause, in the same manner as the o-rginai appointment whs made. Four (4) members shah. serve until. January 1 of odd-numbered years,. as heretofore appointed, and three (3) members, as heretofore appointed, shall serve until. 3anuary 1 of even-numbered years, .and 137 I~ ., :_ __ thereafter each member reagpointed or each new appointee shall serve for a full term of two (2) years unless removed as hereinabove provided. The City Council may :also agpoint four (4) alternate members of the Commission who shall serve. in the absence of one or amore of the regular members -when requested to do so by the chairman of the Commission. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to .removal by the same means and tinder .she same. procedures as the regular members. 3. Hearings The hearings of the Commission shall be public. The Commission shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to- which the granting of any permit is pending, and shall also. hear any other parties in interest. 4. Meetings Regular meetings of the Commission shall be held at such times as the. Board may determine. .Special meetings of the Commission shall be held at the call of the chairman or at the. written request of two regular members of the Commission, said request to be submitted to the Chairman. 5, Rules sud Regulations The. Commission 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 immediately filed in the office of the Commission and shall he public record: The Commission shall net by resolution is which four. (4) members must concur. The Commission shall adopt from. time to time stash additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the Zoning Administrator and the Building Iusgector, all of which rules and regulations shall operate uniformly in alt cases. All of its resolutions and orders shall be in accordance therewith. 38.2. DUTIES AND RESPONSIBILTTIE The Planning .and Zoning Commission is hereby charged with the duty and invested with the authority to: 138 _. 1. Formulate and recommend to the City Council for its adoption a City plan. for the orderly growth and development of the City aad its environs and' from time-to-time recommend such changes in the plan as it finds will facilitate the movement of people and goods,. and the health , recreation, safety .aad general welfare of the citizens of .the City. 2. Formulate a zoning plan as may be deemed best w carry out the goals of the City plan; hold public hearings and make recommendations to the Gity Council relating to the creation, amendment, and implementation of zoning. regulations and districts as authorized under state law. 3. Exercise all powers of a commission as to approval or disapproval of plans, plats, or replats as authorized under state law. 4. Study and recommend the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.. 5. Study and make recommendations regarding the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. 6. Initiate, in the name of the city, proposals for the opening, vacating or closing of public rights-oP-way, parks or other public places and for the change: of zoning district boundaries on an area-wide basis:. 7. Formulate and recommend to the city council for its adoption policies and regulations consistent with the adopted City plan governing the location and/or operation of utilities, public facilities and services owned. or under the control of the City, 8, Submit each May a progress report to the City Council summarizing its activities for the past year and a proposed work program for the coming year. SECTION 39 AMENDMENTS 39:1. AMEI*1DMEN1'S The City Council may from time to time amend this ordinance by changing the boundaries of districts or by changing arty other provision thereof whenever the public necessity and convenience and general welfare require such amendment. 139 ~, 39:Z 39:3 APPLICATIOI~I 1. Amendment(s) may be initiated by the City Council or the Planning and Zoning Commission or- by an application of one or more owners of property affected by the proposed amendment(s). 2. An application for an `amendment shall be accompanied by an accurate legal description,. maps, site plans, drawings, and any data necessary to demonstrate that the proposed amendment is in general conformance with the Plainview Comprehensive Plan and that public necessity, convenience and general welfare require the adoption of the proposed amendment. PUBLIC HEARING BEFORE THE PLANNINCx AND ZONII~IG COMMI ION 1. Upon filing of the .application, the Planning and Zoning Commission shall call a public hearing on said application as provided herein. 2. Written notice of such hearing shall be sent to the owner of the property or his agent and to all owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given not less than ten (IO) days before the date of such hearing:, to all such owners who have rendered their said. property for city taxes as the ownership aggears on the last approved city tax roil. Such no€ice may be served by depositing the same, properly addressed and postage paid, in the City Post Office. Where property lying within two hundred (2011) feet of the property proposed to be changed is located in territory which was annexed to the City after the .final date for making the. renditions which are included on the last approved City tax roll, notice to such owners shah. be given by one publication in the official newspaper at least fifteen (15) days before the time of hearing. Failure of owners to receive notice of hearing shall in no way .affect the validity of action taken. 3, If; at the conclusion of the hearing, the Planning and Zoning Commission decides to recommend amendment of this ordinance to the City Council, said reeommeadation shall. be by resolattion of the Planning and Zoning Commission carried by the affirtnative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data. 4, If, after public hearing., the Planning and Zoning Commission recommends denial of an application, the applicant may appeal said determination. to the -City Cotmcil by filing a written notice of appeal with the City Clerk within ten.;(IO) days after the determ-ination- of the Planning and Zoning Commission. 5. The Planning and Zoning Commission may recommend denial of an application with or without prejudice against the applicant to refle the application. If tYte Commissian recommends denial of the application and fails to clearly state the same is being denied with prejudice, .then it l~0 fa __: shall be deemed that said application. is :being recommended for denial without prejudice against refiring. 39:4. ACTION BY THE CITY COUNCIL 1. If the Planning and Zoning Commission. has recommended approval of an application or if .the Planning and Zoning Commission has recommended denial of an application and a notice of appeal leas been filed pursuant to Subsection 39.3.4 about;.; the City Council. shall set said application for public hearing and shall give notice of the time and place of the hearing by one publication in the official newspaper at least fifteen (1S) days prior to such hearing. 2. If the Planning and Zoning Commission has recommended to the City Councll that a proposed amendment be disapproved, the City Council may. refuse to adopt the amendment by a simple majority vote of the Councilmen present and voting. However,. rn order to adopt the amendment which. has been recommended for disapproval by the Planning and Zoning Commission, the amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council. 3. If the Planning and-Zoning- Commission has recommended to the City Council that a proposed amendment be approved, the City Council may disapprove the petition or application for amendment by a simple majority vote of the City Cauncltttembers present and voting. 4. In the case of a protest against at amendment to the ordinance signed by the owners of twenty percent (20°70) or more either of the area of the lots or land included in such .proposed change, or of the area of the lots or land immediately adjoining the area included in the proposed change and extending two hundred (2U0) €eat from that area, such amendment shall not become effective except by the favorable vote of three-fourths (3f4) of all members of the City Council.. 5. In considering a motion to deny a zoning application, or upon voting to deny a zoning. application, the City Council shall further consider whether said application shall be denied with or without prejudice against refiring. If the'-City' Council shall deny the application and fail to clearly state the same is being denied with. prejudice, tlten it shall be deemed that said application is being denied without prejudice against tefiling. If an .application is denied with prejudice, no application may be filed for all or a part of the subject tract of land for a period of one (1) year from the date of denial by the City Council. 141 i~ 39:5. EFFF,Cf QF DENIAL OF APPLICATIQN In case an application €or an arnendrnent to the zoning ordinance is denied by the Planning and Zoning Commission, and no appeal therefrom is taken to the City Council, or in case an application for as amendment to the zoning ordinance is denied by the City Council, (in either of said events) said application .shall not be eligible for reconsideration for one (1) year subsequent to such denial. A new agplication affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the Planning and Zoning Commission, to he eligible for consideration within one (1) year of the denial of the original agplication. In the event a re-application affecting the same land is for a zone Ghat will permit the save use of the property a5 that which would have been permitted under the denied application, the same shall not be considered as being substantially different from the application denied.. SECTION 40 SCHEDULE OF FEES, CHARGES,.. AND EXPENSES The City Council shall establish a schedule of fees,. charges, and. expenses, and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining. to this ordinance. The Schedule shall be posted in the. office of the. administration official and may be altered or amended only by the City Council No permit,. certificate, special exception, or variance shall be issued unless and until such costs, charges, fees, or expenses listed below have been gaid in full, nor shall any action be taken on proceedings before the Zoning Board of Adjustment unless or until preliminary charges and fees have bees paid in full The. exact charge for .the following services will be established by separate ordinance: a. For docketing a zoning petition with the Planning and Zoning Commission of the City of Plainview. b, For. docketing as application for relief with the Zoning Board of Adjustment of the City of Plainview. i42 f _ , SECTION 41 VIOLATIONS AND PENALTIES Any person,. association or corporation who shall violate any of the provisions of this ordinance or who shall fail to comply. therewith or with any of the requirements thereof, or who shall erect or alter any building o-r who shall commence to erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, including the owner or manager of any property which violates of fails to compley the provisions of this ordinance, shall for each and every violation or noncompliance he deemed guilty of a misdemeanor and shall be fined noc more than two thousand dollars ($2,000) and each .day such violation shall be permitted to exist shall he construed to constitute a separate offense. The owner, manager or any other responsible party of that building or premises or part thereof where anything in violation of this ordinance shall be placed. or shall exist,. and any architect, builder, contractor, agent, or corporation employed in connection therewith who may have assisted in the commission of any such violation shall each be guilty of a separate offense and upon conviction shall he subject to the penalties herein provided. SECTION 42 VALIDITY If any section, paragraph, subdivision, clause, phrase, or .provision of this ordinance shall be adjudged or far any reason held to be unconsti~ttttional, void, or invalid, the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the City Council, in adoptirtg this ordinance,. that no portion thereof, or provision av regulation eciatained herein shall become inoperative or fail by reason of the uneonstitutionalfiy or invalidity of any section, paragraph, subdivision, clause, phrase, or provision of this ordinance. 143 -- ']r SECTION 43 INTERPRETATION,PURPOSE AND CONFLICT In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health., convenience, comfort, prosperity or general welfare. It is not intended by this ordinance to interfere with or abrogaie or annul any easement, 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 height of building or requires larger open spaces than are imposed or required. by other ordinances, rules, regulations or by easements., covenants or agreements, the provision of this ordinance shall govern. SECTION 44 GONFLIGTING ORDINANCES REPEALED All ordinances and parts of ordinances inconsistent or in conflict with this ordinance are hereby Fepealed. 144 _ I. ~ -.- SECTION 45 EFFECTIVE DATE The City Secretary is hereby directed to publish. the caption and penalty clause hereof as an alternative method of publication as provided by law, once a week for two consecutive weeks in some newspaper regularly published in the City of Plainview and this .:ordinance shall become effective ten (1Q} days after the date of its last publicatoa. } (PASSED AND APPROVED} by the Planning and Zoning Commission of the City of Plainview, Texas; on this the 29th day of June ,1989. Chairman, Planning & oning Cax~misson Attest: Secretary, Planning & honing ornmisson (1 (PASSED AND APPROVED) by 4 to 1 vote of the Gty Council of the City of Plainview, Texas, on this the 25tt~ay of July 1989. F ~ Mayor E. V. Rdlehuber est: !2 Carla. Reese, City Secretary Ap~pyro~ved as to Content: ~ r ~ ~' Mike McDonough, Director of Munici al Services Approved a/s~to~Form: tip'-~~-zr-- D. A, Blackburn., City Attorney 145 _.. ,~ , H ~ LOT L1NES FRQNT FRONT FRONT STREET SIDE w STREET STREET W ~_ STREET SrR Fr r~rw~ STREET REAR STREET 2 L4T DEPTH EASEMENT la Ib ZONING ZONING ENVELOPE .ENVELOP la ~ STREET STR~ -b FORMULA FT --- b =LOT DEPTH 2 ZONING ~ ZON1L PE ' ENVELOPE I` E.NVE ~ \b ~a _ STREET STREET 3 LOT W f DTH _` FRONT YARD FRONT YARD ~ONT YARD ' BUILDING UNE BUILDING ll~ BUILDING_~_LIN E_ ~ ____ _ ~_ LOT WIDTH LOT WIDTH i _r LOT WIDTH 4 I L 1 ~ ~ ~ ~ 1 ~ ~ ~ 1 (A) (B) (C) r FRONT YARD LAT W1DTH •~ ~ 8UlLDING L1N~.~ ~` ~ ~.b~~~~. (01 _m_ 4 BUIL..DING LINE REDUCTION i ~ ' i ~ ~ ~ /: , -~ ~ I L__ _' _ ~ , STREET ~ - --~ FRONT YARD / 25~ MINIMUM W ¢~ i l r~ ~_ _~ ?I TH(S BUILDING LINE MAY BEVARIEO FROM FRONT ~' + YARD STANDARD IF APPROVED ON PLAT SY CITY W i ' PLANNING AND 20NING COMMISSION PROVIDED. 'THIS DISTANCE IS NOT REDUCED TO LESS THAN --- ~ 25~ FEET.... 5 CORNER LOT WiUTH 1 I RL-(S8l)=RaL W 1 I I x a ` ~ I e= r ~ Q, { ~ __~_ I cn ~`_1_FBL_ __ i I 1 1 I LOT. LINE ..STREET STREET DETERMINATION OF BUILDING LINE, RADIUS OF LOTS WITH CURVED CORNER R~ = RADIUS -0F LOT tiNE SBC= SGDE BUILDING LINE FBL= FRONT BUILDING LINE Rey = RADIUS "OF BUILDING LINE 6 METHOD OF MEASURING 7 THROUGH FRONT .YARD LOTS B V ILDING L NE FOR ACCESSORY STREET BUILDING ESTABLISHED BY PLA OR ORDINANCE --FRONT Y D DARD FRONT I JS BOTH RONTAGES I IPERTY - - 1 -- - NE FRONT YA F NT YARD STREET 8 FENCE LIMITATION FOR CORNER. LOT -+IIS~ h- 9 FRONT YARD WHERE ZONING CHANGES N A BLOCK iN SPLIT ZONING FRONT YARD REMAINS UNIFORM THROU HOUT BLOCK SF-20 SF-ZO i SF-9 SF-9 ~ ~ i -"- -- --,---I-- -- --_ FRONT YARD STREET 10 LNTERPRETATION OF FRONT YARD WHERE YARD DEPTH VARIES BASIS OF' COMPUTATION EXISTING BUILDINGS C 15' D 35' E 35` H 65' Average Lfne = 31.25' A B C D E F G H -T-T-T-T-T-_~T- Averope ltneCom red _ _~ ~ ~ ~...~ ~ ~. as 3125 _ ® ~~~11777 35~ 35~ 65~ J STREET COMPUTED MINIMUM SET BACKS A 3L25' average B 25' need not set back over Ifl' from C G 15' existing D 35' existing.. E 35' existing F 31.25' average: G 41.25' Head not set back over 10~ from F H 65' existing II SPECIAL APARTMENT SIDE YARD AMID SPACING STANDARDS OVER 35 COURT NHERE LONG-DIMENSION OF BUILDING IS PARALLEL TO SIDE YARD LESS THAN 33` COMBINATION i i (O% LOT WIOTH 10°/a LOT WiDT IS OR 10 FEET OR f0 FEET WHERE END OR NARROW DIMENSON OF BUILDING IS PARALLEL TO S1DE YARD ar _ _ 12 FLOOR AREA RATIO -- - EACH DRAWING ILLUSTRATES FLOOR AREA. RAT{0 OF f ~ i 45° LAYOUT WITH TWO-WAY TRAFFIC 60° LAYOUT WITH TWO-WAY TRAFFIC _, l3 APPEN ©I>G I L.LLJSTRATION URB OR WHEEL STOP ----------„~~ - N U u. ~ ~ ~ V ~ ~ Q ~ ~ ~ -~ F - ~- aPROPERTY LINE a 3 0+ 3 o 0 3 -~ ~.. ~. ~ l28~ 90° LAYOUT ~ ~ o U I' N v_ LL ' ~ a YG ~ t- ~ ~/ I ~-4~ 17-fig ZOO ~ Z~ D. ~ 3 A- -o Z 3 o I z I w ~ ' -.~ 118 6O° LAYOUT WITH, ONE-WAY TRAFFIC 3 a -~, Q ; i w w = a _~, Z a i 1~ 6° II 19-6 ~ 12 14~- ~ I 14 12~ I 6~~ ~. q, 'N f I I Y f ~ ~' I "~Il i -~ \I - N - 111 ~_~~~ ICJO•-8~~ 43° LAYOUT WITH ONE-WAY tRAFFIC