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HomeMy WebLinkAbout77-2090 ordNOTICE FOR THE PURPOSE OF COMPLYING WITH THE TE~S AND PROVISIONS OF ARTICLE 1176b-1, VERNON'S CIVIL STATUTES OF THE STATE OF TEXAS, THERE IS HEREBY PUBLISHED A DESCRIPTIVE CAPTION OF ORDINANCE NO. 77-2090 OF THE CITY OF PLAINVIEW PASSED, APPROVED AND ENACTED ON THE 26TH DAY OF JULY, 1977. A DESCRIPTIVE CAPTION OR TITLE STATING IN SUMMARY THE PURPOSE OF THE ORDINANCE, AND THE PENALTY FOR VIOLATION 'l%4EREOF IS AS FOLLOWS: ORDINANCE NO. 77-2090 An ordinance amending Ordinance No. 794, the same being a zoning ordinance, based on the provisions of Article lOlla Revised Civil Statutes of Texas, revising zoning regulations and districts in accordance with a comprehensive plan; and within such districts regula- tion the use of land, buildings and structures; the height, bulk and locations of build- ings; revising minimum requirements for off-street parking; regulating the erection, re- pair and alteration of all building and structures; providing for Specific Use Permits for certain uses; recognizing Non-conforming Uses and structures and rules for the regu- lation thereof; continuing the Board of Adjustment and revising rules and regulations for i ts organization, procedure, jurisdiction and powers; 'setting forth the requirements for building sites and the manner of their creation; providing for a Certificate of Occu- pancy and Compliance; defining certain terms; continuing the current Zoning District Map; making all figures, letters, markings, symbols and charts contained in said Ordinance or shown on the Map, a part of such Ordinance; providing a method for amending such Ordinance; hereby repealing Sections I through 6 and 13 through 24 of Ordinance No. 794; ratifying, affirming and maintaining in full force and effect Sections 7 through 12 of Ordinance No. 794; adding the following sections: SECTION 1 2 2A 2B 2C 3 4 6 7A 8A 9A lOA llA 12A 13 14 15 16 17 18 19 Ti tl e Purpose Repeal ing Sections Affirming Sections Adding Sections Definitions EstabliShment of Districts and Boundaries Official Zoning Map Temporary Zoning Annexed Territory Application of District Regulations Adoption of Area and Use Schedules "AO" Agricultural-Open Space District Regulations "SF-9" Single-Family Residential District Regulations "SF-7" Single-Family Residential District Regulations "SF-6" Single-Family Residential District Regulations "SF-5" Single-Family Residential Distr~ict Regulations "TF" Attached Residential District Regulations "MF-I" Multi-Family Residential District Regulations "MF-2" Multi-Family Residential District Regulations "TH" Townhouse Residential District Regulations "MH" Mobile HOme Park District Regulations "CRS" Residential Service District Regulations 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 "CNS" Neighborhood Service District Regulations "CRD" Retail District Regulations "CGB" General Business District Regulations No Requirements "OD" Office District Regulations "MD" Medical District Regulations "P" Parking District Regulations "LI" Light Industricl District Regulations "HI" Heavy Industrial District Regulations "PD" Planned Development District Regulations "D-H" Design-Historic District Regulations Specific Use Permits Off-Street Parking and Loading Requirements Height and Area Regulations Enforcement and Application Board of Adjustment Certificates of Occupancy Completion of Building Under Construction Schedule of Fees, Charges and Expenses Amendments Violations and Penalties Val i di ty Interpretation, Purpose and Conflict Conflicting Ordinances Repeal ed Effective Date P~ovidingapenalty for violation of the provisions of such Ordinance, not to exceed $200 for each violation; also, providing injunctive relief to persons affected by the violation of said Ordinance; and providing a saving clause. This amended Ordinance shall become effective from and after the date of its approval and adoption as provided by law. PASSED AND APPROVED ~IRST READING THIS THE 12TH DAY OF JULY, 1977. PASSED AND APPROVED SECOND READING THIS THE 26TH DAY OF JULY, 1977. ATTEST:~~ ~i. City Clerk APPROVFD :~ ZONING ORDINANCE N~O.~ 77-2090 City of Plainview, Texas July 1 977 Prepared Through the Cooperation of the Department of Community Affairs of the State of Texas The preparation of this report was financed in part through a comprehensive planning grant from the Department of Housing and Urban Development. AMENDMENT .~FO THE ZONING ORDINANCE An amendment to the Zoning Ordinance of the City of Plainview, Ordinance No. 794 of September 2, 1963. The following districts and regulations and procedures concerning those districts shall affect all property hence- forth zoned or rezoned. All property.presently zoned under Ordinance No. 794 shall remain in the districts determined therein and shall remain under the regulations and procedures concerning those districts. Any conflicts or contradictions between the Amendment to Ordinance No. 794 and the Ordi- nance No. 794 shall be resolved in favor of the Amendment to Ordinance No. 794. ZONING ORDINANCE NO. 77-2090 of the City of Plainview, Texas July 26, 1977 ORDINANCE NO. 77-2090 AN ORDINANCE AMENDING ORDINANCE NO. 794, THE SP~E BEING A ZONING ORDINANCE, BASED ON THE PROVISIONS OF ARTICLE lOlla REVISED CIVIL STATUTES OF TEXAS, REVISING ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A COMPREHEN- SIVE PLAN; AND WITHIN SUCH DISTRICTS REGULATING THE USE OF LAND, BUILDINGS AND STRUCTURES; THE HEIGHT, BULK AND LOCATIONS OF BUILDINGS; REVISING MINI- MUM REQUIREMENTS FOR OFF-STREET PARKING; REGULATING THE ERECTION, REPAIR AND ALTERATION OF ALL BUILDINGS AND STRUCTURES; PROVIDING FOR SPECIFIC USE PERMITS FORCERTAIN USES; RECOGNIZING NON-CONFORMING USES AND STRUCTURES AND RULES FOR THE REGULATION 'THEREOF; CONTINUING THE BOARD. OF ADJUSTMENT AND REVISING RULES AND REGULATIONS FOR ITS ORGANIZATION, PROCEDURE, JURIS- DICTION AND POWERS; SETTING FORTH THE REQUIREMENTS FOR~BUILDING SITES AND THE MANNER OF THEIR CREATION; PROVIDING FOR A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; DEFINING CERTAIN TERMS; CONTINUING THE CURRENT ZONING DISTRICT MAP; MAKING ALL FIGURES, LETTERS, MARKINGS, SYMBOLS AND CHARTS CONTAINED IN SAID ORDINANCE OR SHOWN ON THE MAP, A PART OF SUCH ORDINANCE; PROVIDING A METHOD FOR ~qENDING SUCH ORDINANCE; HEREBY REPEALING SECTIONS 1 THROUGH 6 AND 13 THROUGH 24 OF ORDINANCE NO. 794; RATIFYING~ AFFIRMING AND MAINTAIN- ING IN FULL FORCE AND EFFECT SECTIONS 7~THROUGH.:.12 OF ORDINANCE NO. 794; ADDING THE FOLLOWING SECTIONS: SECTION 1 2 2A 2B 2C 3 4 5 6 TITLE PURPOSE REPEALING S.ECTIONS AFFIRMING SECTIONS ADDING SECTIONS DEFINITIONS ESTABLISHMENT OF DISTRICTS AND BOUNDARIES OFFICIAL ZONING MAP TEMPORARY ZONING ANNEXEDTERRITORY SECTION 7A 8A 9A lOA IIA 12A 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 APPLICATION OF DISTRICT REGULATIONS ADOPIiION OF AREA AND USE SCHEDULES "AO" AGRICULTURAL-OPEN SPACE DISTRICT REGULATIONS "SF-9" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS "SF-7" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS "SF-6" SINGLE FAMILY RESIDENTIAL DJ[STRICT REGULATIONS "SF-5" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS "TF" ATTACHED RESIDENTIAL DISTRICT REGULATIONS "MF-I" MULTI FAMILY RESIDENTIAL DISTRICT REGULATIONS "MF-2" MULT~I FAMILY RESIDENT~IAL DISTRICT REGULATIONS "TH" TOWNHOUSE RESIDENTIAL' DISTRICT REGULATIONS "MH" MOBILE HOME PARK DISTRICT REGULATIONS "CRS" RESIDENTIAL SERVICE DISTRICT REGULATIONS "CNS" NEIGHBORHOOD SERVICE DISTRICT REGULATIONS "CRD" RETAIL DISTRICT REGULATIONS "CGB" GENERAL BUSI~NESS NO REQUIREMENTS "OD" OFFICE DISTRICT R "MD" MEDICAL DISTRICT R "P" PARKING DISTRICT RE "LI" LIGHT INDUSTRIAL "HI" HEAVY INDUSTRIAL [~ "PD" PLANNED DEVELOPMEN "D-H" DESIGN-HISTORIC SPECIFIC USE PERMITS OFF-STREET PARKING AND HEIGHT AND AREA REGULAT ENFORCEMENT AND APPLIC2 BOARD OF ADJUSTMENT CERTIFICATES OF OCCUPAN COMPLETION OF BUILDING SCHEDULE OF FEES, CHARG AMENDMENTS VIOLATIONS AND- PENALTIE VALIDITY DISTRICT REGULATIONS ~ULATIONS EGULATIONS ~U LAT IONS ISTRICT REGULATIONS ISTRICT REGULATIONS T DISTRICT REGULATIONS ISTR I CT REGU LATI ONS LOADING REQUIREMENTS IONS TION CY UNDER CONSTRUCTION ES AND EXPENSES INTERPRETATION, PURPOSE AND CONFLICT CONFLICTING ORDINANCES REPEALED EFFECTIVE DATE PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF SUCH ORDINANCE NOT TO EXCEED $200 FOR EACH'VIOLATION; ALSO, PROVIDING INJUNCTIVE RELIEF TO PERSONS AFFECTED BY THE VIOLATION OF SAID ORDINANCE; AND PROVIDING A SAVING CLAUSE. PLAINVIEW ZONING ORDINANCE Table of Contents SECTION ...... .-'TITLE .... : ........ PAGE ORDINANCE 1 TITLE 1 2 PURPOSE 1 2A REPEALING SECTIONS 2 2B AFFIRMING SECTIONS 2 2C .ADDING. SECTIONS. 2 3 DEFINITIONS 2 4 ESTABLISHMENT OF DISTRICTS AND BOUNDAIRES 20 5 OFFICIAL ZONING MAP 22 6 TEMPORARYZONING ANNEXED TERRITORY 24 7A APPLICATiON OF DISTRICT REGULATIONS 24 8A ADOPTION OF AREA AND USE SCHEDULES 25 7 R RESIDENTIAL DISTRICTS 26 8 'C-1 NEIGHBORHOOD RETAIL BUSINESS DISTRICT 29 9 C-B CENTRAL BUSINESS DISTRICT 33 10 C-2 GENERAL COMMERCIAL DISTRICT 35 ll M-1 LIGHT MANUFACTURING DISTRICT 37 12 M-2 HEAVY MANUFACTURING DISTRICT 40 9A "AO" AGRICULTURAL-OPEN SPACE DISTRICT REGULATIONS 42 lOA "SF-9" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 44 llA "SF-7" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 47 12A "SF-6" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 49 13 "SF-5" SINGLE FAMILY RESIDENTIAL DISTRICT' REGULATIONS 51 14 "TF" ATTACHED RESIDENTIAL DISTRICT REGULATIONS 53 15 "MF-I" MULTI FAMILY RESIDENTIAL DISTRICT REGULATIONS 55 16 "MF-2" MULTI FAMILY RESIDENTIAL DISTRICT REGULATIONS 57 17 "TH" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS 59 18 "MH" MOBILE HOME PARK DISTRICT REG~JLATIONS 61 19 "CRS, RESIDENTIAL SERVICE DISTRICT REGULATIONS 63 20 "CNS" NEIGHBORHOOD SERVICE DISTRI.CT REGULATIONS 65 21 "CRD" RETAIL DISTRICT REGULATIONS 68 22 "CGB"'GENERAL BUSINESS DISTRICT REGULATIONS 72 23 NO REQUIREMENTS 75 24 "OD" O~FICE DISTRICT REGULATIONS 76 25 "MD" MEDICAL DISTRICT REGULATIONS 78 26 ,,p, PARKING DISTRICT REGULATIONS 80 27 "LI" LIGHT INDUSTRIAL DISTRICT REGULATIONS 81 28 "HI" HEAVY INDUSTRIA~ DISTRICT REGULATIONS 85 29 "PD" PLANNED DEVELOPMENT DISTRICT REGULATIONS 87 30 "D-H" DESIGN-HISTORIC DISTRICT REGULATIONS 90 31 SPECIFIC USE PERMITS 97 32 OFF-STREET PARKING ANDLOADING REQUIREMENTS 100 33 HEIGHT AND AREA REGULATIONS 105 34 ENFORCEMENT AND~APPLICATION 108 35 BOARD OF' ADJUSTMENT 111 36 CERTIFICATES OF OCCUPANCY 115 37 COMPLETION OF BUILDING UNDER CONSTRUCTION 117 38 SCHEDULE OF FEES, CHARGES AND EXPENSES 118 39 AMENDMENTS 119 40 VIOLATIONS AND PENALTIES 120 41 VALIDITY 12~ 42 INTERPRETATION, PURPOSE AND CONFLICT 120 43 CONFLICTING ORDINANCES REPEALED 121 44 EFFECTIVE DATE 122 APPENDIX SCHEDULE OF AREAS AND SIZES SCHEDULE OF USES BY DISTRICT WHEREAS, the City Council of the City of Plainview deems it necessary to prevent congestion on streets; to secure safety from fire, flood, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding-of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water sewage, schools, parks and other public require- ments; to conserve~ the vaule of property; to preserve the natural envir- onment; and to encourage the most appropriate use of land throughout the City, all in accordance with a Comprehensive Plan. Now, therefore, BE IT ORDAINED~BY THE CITY COUNCIL OF.THE CITY OF PLAINVIEW: SECTION 1 Ordinance No. 794, as hereby amended, may be cited as "THE CITY OF PLAIN- VIEW ZONING ORDINANCE". SECTION 2 PURPOSE The Zoning Regulations and Districts as established by Ordinance No. 794, as hereby amended, have been made in accordance with a Comprehensive Plan for the purpose of promoting the health, safety, morals and general wel- fare of the City. They have been designed to lessen the congestion in the street; to secure safety from fire, panic and other dangers; to pro- vide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate pro- vision of transportation, water, sewerage, schools, parks and other pub- lic ~requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City. Growth and deYelopment of the City of Plainview has made it both desirable and necessary for the purpose of zoning to provide for new regulations, to provide for more districts with greater delineation of land uses in addition to the districts provided for in Ordinance No. 794. Now, therefore, ORDINANCE NO. 794 is hereby amended by repealing certain sections of said ordinance and adding new sections, as herein provided. SECTION 2A REPEALING SECTIONS Sections 1 through 6 and 13 through 24 of ORDINANCE NO. 794 are hereby repeal ed. SECTION 2B AFFIRMING SECTIONS Sections 7 through 12 of ORDINANCE NO. 794 are hereby ratified and affirmed and shall remain in full force and effect. SECTION 2C ADDING SECTIONS Said ORDINANCE NO. 794 is hereby amended by adding new sections, as fol- 1 ows: SECTION 3 DEaF IN I T-IONS For the purpose of this Ordinance, certain terms and words are hereby de- fined. Words used in the present tense shall include the future tense; the singular includes the plural and the plural the singular; the word "building" shall include the word "structulre~'; the word "shall" in man- datory and not directive; the word "lot" includes the word plot; the term '"used for" includes the meaning "designed for" or "intended for". Said words and' terms are as follows: 3.01 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 subor- dinant in area, extent, or purpose to the principal build- ing 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~ '.'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 quar- ters, as defined, are an accessory building or use. 3.02 Alley: An "alley" is a public right-of-way which affords a secondary means' of access to abutting property. 3.'03 Auto Laundry: An "auto laundry" is a bui'lding, or por- tion thereof containing facilities for .washing automo- bi les using automated -methods, including chain conveyor, blower, steam cleaning device or other mechanical devices. A self-service type of carwash, is a~'auto laundry. 3.04 Awning: An' "awning" is a roof-like cover of a temporary nature that projects from the wall of a building. 3.05 Apartment: An "apartment" is a dwelling unit in an apart- merit building. 3.06 3.07 3.08 3.09 3.10 3.11 3.11 Apartment Building: An "apartment building" is a building or any portion thereof, which contains seven or more dwel- ling units, located in the same building lot. An apart- ment building is a multi-family dwelling. Basement: A "basement" or "cellar" is a story rwholly or partly (at least 50 percent),, measured from floor to ceil- ing, below the level of the ground on'the street side of the building. A basement or cellar is not counted when measuring the height of a building. Block: A "block" is a tract of land bounded.by streets, or by a'combination of streets-and public parks, cemeta- ries railroad rights-of-way, highways, streams, or corpo- rate boundary-lines. There may be more than one numbered block as shown on a plan falling within a single block, as defined herein. Block Face: A "block face" 'is a side of a block 'facing upon a street, within which 'lots face the abutting street. Board: The word "Board" shall mean the-Board of Adjust- ment established in Section 134 of this Ordinance. Build: The word "build" means to erect, convert, enlarge, reconstruct or alter a building or structure. Buildable'Width: The "buildable width".ofa building site is the width of the building site left to be built upon after the required side yards are provided. 4 3.13 3.14 3.15 3.16 3.17 3.18 Building: A "building" is any structure built for the sup- port, shelter, or enclosure of persons, animals, chattels, or moveable property of any kind. Building, Detached: A "detached building" is a building surrounding by yards or open space on the same building lot. Building Height: "Building Height" is the number of stor- ies contained in a building. Building Line: A "building line" is the rear line of a required front yard which..is generally parallel to the street line forming the front lot line. Buildin9 Lot: A "building lot" is a single tract of land located within a single block 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 records. A "building lot" may be subsequently subdivided into two or more "building lots", and a number of "building lots" may be cumulated into one "building lot", subject to the provisions of this Ordinance and the Sub-division Ordinance. Building, Mixed: A "mixed building" is a building used partly for residential use and partly for community fa- cility and/or commercial use. A mixed building is a commer- cial use. 5 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 Building, Principal: A "principal building" is a building in which the principal use of the lot on which it is loca- ted, is conducted. All residential uses, except bona fide servant's quarters, are principal uses. Bu.ilding, Residential: A "residential building" is a building which is arranged, designed, used, or intended to be used for residential occupancy by-one or more families: or lodgers. Cellar: See Basement. The word "City" shall mean the City-of Plainview, City.: Texas. Clinic: A "clinic" is the office of one or more medical doctors, dentists, optometrists, or similar members of the medical professions who may or may not-have associated in the practice of professions. Commission,. Plannin.9: The words "Planning Commission" shall mean the Planning and Zoning Commission of the City of Plainview, Texas. Conditional Use: A "conditional use" is a use which shall be permitted in a particular district only upon fulfillment of the conditions as set forth for that use in the use regu- lations of the appropriate district. Council: The word "Council" shall mean the City Council of the City of Plainview, Texas.. Court: A "Court" is an open,, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls 6 of a.building. An outer court is a court having one side open to a street, alley, yard, or other permanent open space. 3.28 Development, or tD~ Develop: A "development" includes the construction of a ne~ building or any structure on a build- ing lot, the relocation of an existing building on another building lot, or the use of ()pen land-fora new use. To "develop" is to create a development. 3.29 District: A "district" is a zoning district which is part of the City wherein regulation of this Ordinance is uniform. 3.30 Dwelling: A"dwelling" is a building or portion thereof, but not a house trailer, designed and used exculsively for residential occupancy, including one-family dwellings, two- family dwellings, and multiple-family dwellings, but not inculding hotels, motels or lodging houses. 3.31 D~.911in9, Attached: An "attached dwelling" is one which is joined to another dwelling at one or more sides by a party wall or walls. 3.32 Dwellin9, Detached: A "detached dwelling" is one which is entirely surrounded by open space on the same building lot. 3.33 Dwelling., Multi-Family: A "multi-family dwelling" is a building or portion thereof constructed for-and/or occupied by seven or more families and containing seven or more dwelling units ~located upon the same building lot, or a building constructed with at least one dwelling unit above another dwel 1 i ng unit. Dwelling,, Single-Family: A "single-family dwelling" is a building containing only one dwelling and/or occupied by only one family. 3.34 3.35 Dwelling, Two-Family: A "two-family dwelling" is a building containing two dwelling units and/or occupied by two familie,~. A duplex is a two-family dwelling. 3.36 Dwell.ing Units: A "dwelling unit: is one or more rooms, which are arranged, designed, used, or intended to be used for occupancy by. a single family~ or~ a group of persons living together as family or by a single person. Individual bath- rooms and complete single kitchen facilities permanently installed are not necessarily provided, but .each installa- tion of kitchen facilities consisting of at least a stove or cooking device and a sink shal-1~ constitute a separate dwelling unit unless such facilities are provided in a bona fide servant's quarters as herein defin6d. Apartment units i n apari~ent hotels are dwel ling units. 3.37 ~: A "family" consists of one or more persons, each related to the other by ~blood, marriage, or adoption; or a group of not mo~e than five persons (excluding servants) who are living together in a dwelling unit. 3o38 Filling~Station: A "filling station", or service station, is any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. If the dispensing sale or offering for sale is inci- dental to a public garage, the premises shall be classified as a public garage. Garage, Auto Repair: An "auto repair garage" is a building or portion thereof whose principal use is for the repair, 3.39 8 3.40 3.41 3.42 3.43 servicing, equipping, or maintenance of motor vehicles or motor vehi cl e components i ncludi ng engines ,' radiators, starters, transmissions, brakes, tires and wheels, seats ~nd similar components. ~arage,.~Pri.vate:. A "private garage" is an accessory ~uilding designed or used for the-storage of motor ve- ~icles owned and used by the occupants of the building to Ihich is it accessory. ;.arage., Public: A "public garage" .is a building or por- ;ion thereof, other than a private or storage garage, de- '.igned or used for storing motor driven vehicles. lealth Service: A "health service" is a charitable or gov- :rnment operated facility offering to~-the public medical ~xaminations, diagnosis and limited treatment not for pro- :it. Iome Occupation: A "home occupation" is a business occu- ~ati on, or profession conducted wi thin .a residential dwel- i ng unit by the resident thereof, and which shall have ;he following characteristics: a) The activity shall employ only members of the imme- diate family or the resident of the dwelling unit. b) There shall be no external evidence of the occupa- tion detectable at any lot line, said evidence to include advertising signs or displays, smoke, dust, noise, fumes, glare, vi~iration, electrical distur- bance, storage of materials or equipment, or traffic or parking of vehicles in a manner evidencing the conduct of a business. 9 3.44 3,45 3.46 (c) Said home occupation shall not have a separate en- trance for the business and shall not include contin- ual visits by the general public. Any business, occupation, or profession conducted within a dwelling unit and which does not-meet the aforesaid char- acteristics shall be construed to be a commercial activity and shall therefore be cause for the City to order a cease to all such activity within said dwelling unit. Hospital: A "hospital" is a legally authorized institution in which there are complete facilities for diagnosis, treat- ment, surgery, laboratory, X--ray, and the prolonged care of bed patients. Clinics may have some by not all of these faci 1 i ti es. Hotel: A "hotel" is an establishment Offering lodging to the transient public for compensation. A hotel is distin- guished from a motel in that access to the majority of the guest rooms is through a common entrance and lobby. A hotel is a non-residential use. Junk or Salvage Yard: A "junk or salvage yard" is a lot upon which was. te or scrap materials are bought, sold, exchanged, stored, packed, disassembled~ or handled, including, but not limited to, scrap iron and other metals, paper, rage, rubber tires and bottles. A "junk yard" includes an automobile wrecking yard and automobile parts pard. A "junk yard" does not include such uses conducted entirely within a cl~osed building. 10 3.47 3.48 3.49 3.50 3.5'1 3.52 3~53 3°54 Loa.d.in9 Space: A space within the main buil.ding or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having minimum dimensions of twelve (12) by sixty (60) feet for 'industrial and warehouse uses and twelve (12) by thirty-five (35)-feet for commercial and insti- tutional uses and with a ~vertical clearance of at least four- teen (14)feet, together with access and maneuvering areas provided on the same building lots.as the principal use for which the loading space is intended. Lot Area: The "lot area" is the area of a horizontal plane intercepted by. the,vertical projections of the front, side, and rear lot lines of a building lot. Lot Area Per Dwetlin9 Unit: "Lot area per dwelling unit" is the lot area required for each dwelling unit ~l~ocated on a building lot. Lot, Corner: A "corner lot" is a buil:d:ing 1'or situated~at~ ~ the intersection of two streets, the interior angle of such intersection not to exceed 1215 degrees. Lot Depth: "Lot depth" is the mean horizontal distance be- tween the front lot line and the rear lot line and rear lot line within the lot boundary. Lot, Interior: An "interior lot" is a building lot other than a corner lot. Lot Line: A "lot line" is a boundary of a building lot. Lot Line, Front: A "front lot line" is that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected 11 3.55 3.56 3.57 3.58 3.59 3e 60 as the front lot line, provi,~ed a front and rear yard are provided adjacent and opposite, respectively, to the front lot line, Lot. Line, .Side: A "side lot line" is that boundary of a building lot which is not a 'Front lot line or a rear lot li ne. Lot Line, Rear: The "rear lot line" is that boundary of a building lot which is most nearly, parallel to the f~ Lot of Record: A "lot of nated as a lot on a plat o to statutes of the State o Hale County, Texas, or an ship described by metes an registered with the Count~ Lot, Reverse Corner: A "re rear lot line of the stree of the lot to its rear. Lot, Through: A "through 1 ner lot, both the front an street lines. On a "throu be deemed front lot line. Lot Width: The "lot width the side lot lines of a b~ straight line at the rear parallel to the street lin. less otherwise defined. distant from and is, or is most ont lot line. record" is an area of land desig- f a subdi.vision recorded, pursuant f Te×as, with the County Clerk of area of land held in single owner- bounds upon a deed recorded or C1 erk. verse corner lot" is a corner lot, t which abuts the side lot line ~t'" is a building lot, not a cor- rear lot lines which adjoin h lot", both street lines shall is the minimum distance between- lding lot measured along a the required front yard and or a line tangent thereto, un- 12 structed, reconstructed, moved or structurally altered unless in confor- mity with all of the regulations herein specified for the district in which it is located. No building or other structure shall hereafter be erected or al- tered: a. to exceed ~the height; b. to accomodate or house a greater number of families; c. to occupy a greater percentage of lot area; d. to have narrower or smaller rear yards, front yards, side yards or other open spaces; than herein required; or in any. other manner contrary to the pro- visions of this ordinance. e No part of a yard or other open space, or off-street parking or loading space required about or for the purpose of complying wii as a part of a yard, open-space~ space similarly required for any No yard or lot existing at the shall be reduced in dimension ments set forth herein. Yards date of this ordinance shall meE established by this Ordinance. in connection with any building h 'this ordinance shall be included or off-street parking or loading other'building. ime of passage of this ordinance area below the minimum require- r 'lots created after the effective ~t ,at least the~minimum requirements SECTION 8 ADOPTION OF AREA AND USE SCHEDULES Schedules of area and size requirements and use regulations as given in the Appendix to this Ordinance and therein entit~led "Schedule of Areas and Sizes' and "Schedule of Uses by District" respectively, together with all notations, references, and other information shown thereon, and all~ amendments thereto, shall be as much a part of this Ordinance a.~ any specific requirements or re- gulations as are fully set forth and described herein. 25 SECTION 7 R RESIDENTIAL DISTRICTS Purpose The residential use districts are designed to encourage a proper environment for family living by permitting certain appropriate institutional uses to be loca- ted within residential neighborhoods and by excluding commercial activities. Certain minimum Setbacks, open,spaces, densities and site areas 'have been re- quired to insure the provision of open space, and.to avoid overcrowding and to serve a wide range of individual requirements. Resiaential.Districts R-1 and R-2 Consist mainly of areas containing single-family dwellings and of open spaces where single-family development appears desirable. In addition to the general purposes applying to' all residential districts, the regulations of districts R-1 and R-2 are designed to encourage the pwovision of single family detached dwellings in low density residential areas. Residential District R-3 Consists mainly of areas, which contain some two-family or multiple-family development or which are centrally located or suitable for ultimate two-family ormultiple-family development. In addi. tio~ to the general purposes applying to all residential districts, the regulations of district R~3 are designed to encourage the provision of conveniently located, centrally maintained rental accomodations. 1. Permitted Uses and Parking Requirements a. In the R-1 and R-2 Districts, no land shall be used and no building shall be erected for or converted to any use other than: PeY~i tted Use A single family dwelling unit. Accessory building; servants quarters, garage or car port, domestic or agricul rural storage. Animal and poultry husbandry, dairying and pasturage, but not including the feeding of garbage or-offal on a minimum site of five acres. Church or other place of worship, including parish houses and Sunday Schools, b~t excluding rescue missidns or temporary revivals. F~eld crops, horticulture, nursery', truck gardening, but not ~ncluding re~ail sales on the premises. Golf c~t~rse, b.ut not including commercial golf games or amusement. Theological school or similar institution of religious training on a site of five acres or more. Public park, playgrounds, or playfield. · ' "~ " " " "rent", S~§n rea~l estate, for sale , lease , sold", not excluding six square~ feet in area and four feet i height. Si§in Bulletin as an accessory use to a hutch, school, institution of public ageqcy for announcement purp ses not exceeding 12 square feet in area and 6 feet in height. 26 w Sign identification limited to the name of-the occupant and his occupation, not exceeding 2 square feet 'in area and 2 feet in height. Swimming pool., private. Schools: elementary, high, college and universities, public, private or denomi national. Railroad rights~of-way, but not incl udi ng shops and yards. Tract .offices and construction buildings which~shall be removed upon com- pletion or abandonment of construction work. Home occupation: any occupation that is customarily car~ied~on at home that does not involve a structural change in'the dwelling unit" or in a build- ing accessory to the dwelling unit, that does not-require the~employ- ment of help other than members of the immediate family, the installa- tion of equipment or electric motors exceeding atotal limitation of 3 horsepower~ per dwelling unit, provided, however,-that the following uses shall not be permitted as customary home-occupations: Any office in which chattels or gOods, wares or'merchandise are commercially created, exchanged or sold; barber or beauty shops; beauty culture schools; commercial stables or kennels; doctor's office 'for the treatment of patients; and of the display of goods. b. In the R-3 District, no land shall be used and no building shall be erected for or~con~erted~to any use other than: Permitted Use Parkin~ Ratio An apartment house, duplex or housing project. Hospital: general, not including animal. Rooming, boarding house, and/or tourist hm}e. Any' use permitted in the R-1 and R-2 districts. 1/unit 1/3 beds 1/unit Height Regulations. No s~tructure shall exceed 30 feet, or 2 stories in the R-l, R-2 and R-3' districts. Lot area, lot width and set-back regulations. The following minimum require- ments shall apply in R-l, R-2, and R-3 districts. Lot Area in Lot Width District~ Sq. Ft. in Feet Set-Back in Feet Si de Yard Front Rear One Both R-1 7,000 60 30 30 5 l0 R-2 6,000 50 2§ 30 5 l0 R-3 6,000 50 25 30 5 20 Exceptions a. In all cases where the side yard'is adjacent to a side street, the side yard shall not be less than 10 feet. Where the rear yard of a lot is adjacent to a street, the required building setback shall be equal to the front yard set-back require- ments of said street. 27 In restricted additions in the City of Plainview, the plat of which has been approved by the proper authority of the City of Plainview, and buildings have already been constructed in accordance with the set-back line provided .for said' addition, the set~-back line ~as provided f. or in the restrictions for said addition shall apply. 4. Other Required Conditions ae Site Plan. Where new dwelling construction'or additions to an existing building in.any district provide dwelling units for more than two fam- ilies on a single lot or tract of land, a site plan shall be submitted to and approved by'the Building Official prior to the issuance of a Zoning Permit. be The total floor area of any building or buildings on a lot in the R-3 District shall not exceed 60 percent of the total number of square feet in the lot. c. Building Area. The maximum allowable building area in the R-2 District shall be 30 percent of the gross area of the lot or'tract of land. Density In the R-1 and R-2 districts, only one single-family dwelling shall be constructed' on each lot. Bona fide servants quarters, however, may be provided in,an accessory buildSn§ at the rear of the property in accordance with the requirements set forth in Section 13. e. In the R-3 district, multiple-family dwellings may be constructed on any lot provided that: The minimum land area per family unit is not less than 1,500 square feet. The maximum number of family units allowable on'~any lot where multiple-family dwelling units are permitted shall be determined by dividing the total number of square feet in the'lot by 1,500. f. Single family dev, elopment wihtin the R--3 district. The lot area, lot width and set-back regulations shall be the same as the R-2 district. 28 SECTION 8 C-1 NEIGHBORHOOD RETAIL BUSINESS DISTRICT PurposeL The commercial use districts are located within the downtown area and on major thoroughfares and highway The'commerci~al district regulations are designed to permit development of these,districts for the respective~purposes and to pro- tect nearby residential areas by requiring cer~:ain minimum-requirements to be met. Commercial District C-1 consists mainly of land occupied by or suitable for neighborhoOd shopping faciliti~es for the retailing of "convenience goods" and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood. 1. Permitted Uses a. In the C-1 District, no land shall be used and no building shall be erected for or converted' to any use other than: Permitted Uses Any use. pemitted in an R district. Ambulance service. Art: supply store, antiques, gallery or museum, commercial or public. Auditorim, arena, coli~eumor theater. Automobile accessory and supply store. Automobile service station. Automobile parking lot or garage. Automobile rental or taxies storage and repair. Automobile sales, new or used. Bakery, retai 1. Bank, savings and loan association, trust company. Barber shop or beauty parlor. Blue printing and similar reproduction processes. Book store or lending library commercial. Business machines, sales, service, rental and repair. Bus station. Camera or photograPhic supplies store. Candy, nut, confectionery store. Caterer. Christmas trees and wreaths, retail'temporary. Clinic or office, medical. Clothing, apparel, and accessory store, including rental of formal wear and cos tumes. Club or lodge. Department store. Drug stores. Dry cleaning package plant, or pick-up station. Eating place, enclosed. Floor covering sales, retail. 29 Florist shop, greenhouse. Food or grocery store, retail. Food locker plant for consumer use. Funeral home, morturary or undertaking establishment. Furniture, appliances and home furnishings retail sales, repair or custom upholstery. Fur shop or hat shop. Gift, novelty shop. Hardware store and small tool rental, but not including sales of lumber or industrial hardware. Hobby shop or supply store. Hotel. Ice vending es tabl i s hment. Institution non-resi denti al. Jewelry store. Laboratory, medical or dental. Laundry, package plant, pickup s-tati, Loan office or pawn shop. Locksmith or key shop. Manufacturing of baked goods, candy, Motel. Music store, phonograph records, ret~ Newspaper di stri buti on station. Office, any type. Optical goods, optician, optometrist. Orthopedic or medical shoe or appliar Paint and wallpaper store or decorat( Pet shop. Photographic studio or store and p~ Physical culture and health studios. Plumbing fixture sales, retail. Post office. Radio, television or recording studi¢ Rehabi 1 i tati on center for handicappec Rental, repair or servicing of articl district, unless more specificalt School, commercial or trade, when no1 plosion, or offensive noise, vib~ her objectionable influences. Second hand store or rummage shop. Sewing machine sales, retail. Shoe repair shop or store. Sign business: illuminated or non-il feet in area and 25 feet in heigh modity or service conducted, sold Sp.orting goods store. Stationery store. Storage of goods or merchandise, use( in stock in conjunction with perm regul ati ons. Studio for professional work or for graphy, music, drama, etc. Swimming pool, commercial. ,n or self-service. delicatessen foods and ice crean. il sales. ce store and repair. rs shop. oto processing. persons. es whose sale is permitted in the same y listed elseWhere. involving any danger of fire or ex- ation, dust, Odor, glare, heat or or- luminated, not to exceed 50 square t which directs attention to a corn- , or offered upon the same lot. in, produced by or normally carried itted uses in the applicable district eaching any form of fine arts, photo- 30 Tailor shop: seamstress, altering and repairing of wearing apparel. Taxi dermi st. Telephone answering service. Telephone exchange, garage, shop or service. Toy stores. Veterinarian offices, indoor soundproof kennels only. Watch repair. Wholesale office with storage limited to samples. Any other trade, industry or use that will~ be no more injurious, hazardous', or noxious than those listed as being permitted in District C-l, pro- vided that approval is first obtained from the Board of Adjustment, and provided further that the said Board of Adjustment finds that such proposed trade, industry or use will not be any more injurious, hazard- ous, or noxious than those listed as being permitted'in District C-l, and provided further that the Board of AdjUstment finds that the pro- posed use will not be contrary to the public interest and that the spirit of the ordinance will nevertheless.'be', observed and substan- tial justice done, and provided further' that the building or land is to be used for a use or service similar to the uses herein listed in the type of services or goods sold, and provided further that it is not a use as is speci.fically enumerated in C-2, M-I or M-2 Districts. 2. Parking Requirements m In the C-1 Neighborhood Retail Business District, any commercial building that is erected shall provide one parking space' for each 400 square feet of ground floor space, and one parking space for each~ 1,000 square feet of floor space above the first'floor. There shall also be provided off- street fac~.l ]i ti es for~ the loading and unloadin§ of merChandise and goods within the building or adjacent to a public alley to-facilitate the move- ment of traffic on streets. Height Regulations~ No .structure shall exceed 30 feet ~r 2 stories. Lot Area, Lot-Width and Set-back Regulations. The following minimum requirements, shall apply, Lot Area Set-Back in Feet in Lot~Width Front Rear Side District Sq. Ft.. in Feet Yard Yard Yard C-1 5,000 50 25 20 none Exce@ti ons a. Where side yards of lots in the C-1 District are abutting an R-l, R-2, or R-3 District, the side.yard setback shall not be less than lO feet. bo In all cas~es where the side yard is adjacent to a side street, the side yard shall 'not be less than 10 feet. This requirementmay be wai. ved by the Board of Adjustment if it finds that such waiver will not be contrary to the public interest. Ce Residential development within the C-1 District. The lot area, tot width~ density and setback regulations for residential structures within the C-1 district shall be the same as those in the R-3 district. 31 5. Other Required Conditions A site plan shall be submitted to and approved by the Building Official prior to the issuance of' a zoning permit for new construction or addi- tions to an existing building or structure for multiple-family or com- mercial uses within the C-1 district. 32 SECTION 9 C-B CENTRAL BUSINESS DISTRICT 1. Use Regulations In the C-B Central Business District, no land shall be used and no buildings shall be used, erected or converted to any use other than the permitted uses as hereinafter provided: a. This district permits all types of general commercial enterprises. 2. Permitted Buildings and Uses The following buildings and uses are permitted in C-B Central Business Dis- trict: a. Any use permitted in the C-1 Neighborhood Retail Business District, without limitation upon number of persons employed. b. Wholesale business, storage buildings and warehouses and yards. c. Billiard parlors and pool halls ee fo Any other building, use or serv in the type of services or good Any accessory use customarily i section, except that no use spe M-2 District shall be permitted ce similar to the uses herein listed sold. cident to the use authorized by this cified as a use permitted in an M-1 or and is prohibited and shall not be considered as an accessory use to any of the uses permitted hereby in a C-B Central Business District Any other trade, industry or usI dous or noxious than those listt provided that approval is firsi and provided further that said proposed trade, industry or use dous, or moxious than those lis and provided further that the B posed use will not be contrary spirit of the ordinance will ne tial justice done, and provided to be used for a use or service the type of services or goods s not a use as is specifically en 3. Lot Area, Lot Width and Set-back Re that will be no more injurious, hazar- .d as being permitted in District C-B, obtained from the Board of Adjustment, ~ard of Adjustment finds that such will not be any more injurious, hazar- ted as being permitted in District C-B, oard of Adjustment finds that the pro- to the public interest and that the ~ertheless be observed and substan- further that the building or land is similar 'to ~the uses herein listed in old, and provided further that it is ~merated in M-1 or.'M-2 Districts. ~ulations. Lot Area Lot Width District Sq. Ft. in Feet C-B 3,000 25 Set-back in Feet Front Rear Si de Yard[ Yard. Yard 0 0 0 Offstreet Parking Requirements. For C-B Central Business District, none. Height Requirements. Structures within the C-B Central Business District may exceed 30 feet or 2 stories, but shall not exceed a maximum of 6 sto- ~ies or 72 feet. 34 SECTION 10 C-2 GENERAL CO~IMERCIAL DISTRICT Commercial District. C-2 consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is lo- cated mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions: and to provide space for commercial uses which are generally not appropriate for Retail Business DiStricts. 1. Permitted Uses In the C-2 District, no land shall be used and no building shall be erected for or converted to any use other than: Permitted Uses Any use permitted in the R-l, R-2, C-1 or C-lB District. Animal hosPital, pound or shelter. Automobile, glass,-muffler, se~.t cover, tire and upholstery service. sales, installation and repair, but not including tire recapping. Automobile laundry. Automobile repair, body work, painting. Bait Store. Bake~, wholesale. Barber and beauty sh~p.equipment and specialities; sales. Baseball park, .commercial. Boat sales, rent'al, storage an~ repair Bookbinding. Bowling alley. Cabinet or carpentry shop. Carting, crating, express hauling and storage. Cold' Storage plant. gonstruction, equipment sales, service, rental and repair. Contractors or construction offices, shops and yards. Dance hall, commercial. Eating place providing auto se~vice~ Exterminator. arm equipment sales, service, repairs, feed store. reight depot or terminal, railroad and/or truck. Glass and cutting shop. Golf course, commercially.operated driving ranges, pitch and putt courses, miniature golf and other commercial amusement. Hard~are industPial sales. Laboratory, research or testing. Linen or uniform supply, d~'aper service. Lumber yard. achine to61s, sales, service, rental and repai:P, irror silvering. iobile home park. obile home sA}es. onument sales and incidental processing. otorcycle sales, repair, storage and service. 35 3.61 Mobile Home: A "mobile home" is a vehicle used for living or sleeping purposes and standing on wheels or on rigid supports, but~which, when properly equipped and situated, can be towed behind a motor vehicle. A trailer coach is a mobile home. 3.62 Mobile Home Park: A "mobile home park" is any premises which one or more mobile homes are parked or situated and used for living or sleeping purposes, or any premise used or held out for the purpose of supplying to the public a parking space for one or more mobile homes whether such vehicles stand on wheels or on rigid supports. A trailer park is a mobile home park. 3.63 Modular Home: A "modular home" is a factory-built dwelling unit, attached or detached, which is wholly or partially constructed away from its building lot and moved to a building lot where it is affixed or situated as a permanent building. A modular home-is a residential use. A mobile home shal 1 not be construed to be a modular home. 3.64 Motel, Motor Hotel o~-Tourisi~. Court: A "motel, motor ho- tel or tourist court" is an establishment offering to the transient public the use of guest rooms or sleeping accomo- dations for compensation. Such an establishment consists of a group of attached or detached guest rooms or sleeping accomodations the majority of which have private and direct access from parking areas, not through common entrance and lobby. The establishment furnishes customary hotel services and many contain a-res~taurant, club, lounge, banquet hall 13 3,65 3;66 3.67 3,68 3.69 and/or meeting rooms. A motel is a non-residential use. Motor FreiQht Terminal: A "motor freight' terminal" is a building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and in- trastate commerce by motor truck. A motor freight terminal is a truck terminal. Non-conformin9 Use: A "non-conforming use" is any building or land lawfully occupied by a use at the time of the adop- tion of this Ordinance or amendments thereto, not permitted by the use regulations, lot requirements or other regulations of this Ordinance of the district in which it is attained. Noxious. Matter: "Noxious matter" is a material which is capable of causing injury to living organisms by chemical reaction'or is capable of causing det~.imental effects upon the physical or economic well-being or comfort of humans. Open Area: "Open Area" is that part of a building lot, including courts or yards, which: (a) Is open and unobstructed from its lowest level to the sky, and (b) Is accessible to all residents upon a building lot, and (c) Is not part of the roof of that portion of the building containing dwelling units. Open Storage: "Open Storage" is the storage of any equip- ment, 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 14 when viewed from groUnd level to six feet above §round level. 3.70 Parking Space: A "par~king space" is a surface area, enclosed or unenclosed, sufficient in size to store one automobile, together with a surfaced drive-way connecting, the parking space with the street or alley and permitting ingress or egress of an automobile. 3.71 Public Park: A "public park" is an publicly owned park, playground, beach, parkway, .greenbelt, or'roadway within the jurisdiction ~and control of the City. 3.72 Recreation Area: A "recreation area" is a privately owned park, playground', or open space maintained by a community club, property-owners association or similar organization. 3.73 Rest Home or Nursing Home: A "rest home or nursing home" is a private facility for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders. Such homes do not contain facilities for sur- gical care-of the treatment of disease or injury. 3.74 Screening. Device: A "screening device" shall consist of a barrier of stone, brick, pierced brick or block, uniformly colored wood, or other permament material of equal character, density, and acceptable design, at least six (6) feet in height, where the solid area equals at least sixty-five (65) percent of the wall surface, including an entrance gate or gates or foliage of an acceptable type and of a density that will not permit through passage; or an acceptable combination of these materials. ously maintained. Such screening device shall be continu- 15 3~75 Servant's quarters: A "servant's quarters" is an accessory building or portion of a main residential building located on the same lot as the principal residential building, occu- pied only by such persons and their families as are employed full ti'me by the occupants of the principal residence. 3~76 Sign: A "sign" is a name, identification, description, dis- play, or illustration which 'is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution:, or business. A "sign" is not a display of official court or public office notices, not is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building. 3.77 Si~n, Advertising: An "advertising sign" is a sign which directs attention to a business, commodity, service, or enter- tainment conducted, sold, or offered elsewh.ere than upon the premises where such sign is located, or to Which it is affixed. Si~n, Business: A "business sign" is a-si§n which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered upon the premises. Si~n, Flashing: A "flashing sign" is an illuminated sign on which the artificial light is not maintained stationarily, or in constant intensity or color at all times when such sign is in use. Flashing signs are expressly prohibited by this Or- dinance. For the purpose of this Ordinance, any revolving 3.78 3.79 16 illuminated sign shall be considered a flashing sign. 3~80 Sign, Illuminated: An "illuminated sign" is a sign de- signed to give forth any artificial light, or designated to reflect light from one or more sources, natural or ar- tificial. 3.8.1 Story.: A "story" is that part of a building between the surface of a floor and the ceiling immediately above. 3.82 Street: A "street" is a public right-of-way which affords a primary means of access to abutting Property. A drive- way or alley which serves only to give secondary'vehicular access'to a building lot or to an accessory parking or loading fa¢ili.ty, or to allow vehicles to take or discharge passengers at the entrance to a building shall not be con- sidered a street/ 3.'83 Street Line: A "street line" is the right-of-way of a street. 3.84 Toxic .Materials: "Toxic Materials" are those materials which are capable of causing injury to a living organism by chemical means when present in relatively small amounts. 3.85 Townhouse: A single family attached dwelling in a separately platted lot which is joined to another dwelling unit on one or more sides by a party-wall or abutting walls and occupied by not more than one family. 3.86 Use: The "use" of property 'is the purpose or activity for which the land, or building 'thereon, is designated, arranged, or intended or for which it is occupied or maintained, and shall include any manner of such activity with respect to the standards of this Ordinance. 17 3.89 3.90 3.87 Use, Principal: A "principal use" is the main use of land or buildings as distinguished from a sub-ordinate or acces- sory use. 3.88 Visual Screen: A "visual sc~reen" is a wall, not of living plant material, permanently affixed to the ground in which the area of all openings and cracks in each square foot of wall and entrance gates shall not exceed 14 square inches, and the wall is of sufficient height so that the objects being screened are not visable from any point on the lot line when viewed from any. height between ground level and 7 feet above ground level. No wall shall exceed 10 feet in height. Yard: A "yard" is an open space on the same building lot with-a building, unoccupied and unobstructed by any por- tion of a structure 'from the grOund upward, except as ot- herwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the-building site and the lot line shall be used. A "yard" extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district inwhich such building is located. Yard, Front: A "front yard" is a yard extending along the length of the front lot line between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projections thereof ot- her than steps, planter box, unenclosed porches, and drive- ways. 18 3.91 3.92 3.93 Yard, Rear:- A "rear yard" is a yard extenddng across the rear of a lot between the side lot line and being the min- imum horizontal distance between the rear lot line and the rear of the principal buildi~g or any projections thereof other than steps, unenclosed balconies, unenclosed por- ches, or driveways. Yard, Side: A "side yard" is a yard extending along the side lot line from the front yard to the rear yard., being the minimum horizontal distance, measured at the building line, between any building or projections thereof, except steps or driveways and the side lot lines. Zoning District Map: The "zoning district map" is the map or maps incorporated into-this Ordinance as a part hereof by reference thereto. 19 SECTION 4 ESTABLISHMENT OF DISTRICTS 'AND BOUNDARIES For the purposes of this Ordinance, the City is; hereby divided into twenty-eight (28) districts, as follows: AO: (R1): SFg: SF7: SF6: SF5: (R2): TF: MF1: MF2: TH: (R3): MH: (Cl): P: CRS: CNS: CRD: (CB): CGB: OD: Agricultural Open Space District Single Family Residential District (7,000 sq. ft.) Single Family Residential District (9,000 sq. ft.) Single Family Residential District (7,000 sq. ft.) Single.Family Residential District (6,000 sq. ft.) Single Family-Residential District (5,000 sq. ft.) Single Family Residential District (6,000 sq. ft.) Attached Residential Distri ct Multi-Family Residential District Multi-Family Residential District Townhouse Residential District Mul ti- Family Resi denti al Di stri ct Mobile Home Park District Neighborhood Retail Business; District Parking Distri ct Commercial Residential Service Distri ct Commercial Neighborhood Servi ce Distri ct Commercial Retail District Central Business District Commercial General Business Dis.trict Office Distri ct MD: (c2): LI: (M1): HI: (M2): PD: Medical District General Commercial District Light Industrial District Light Manufacturing District Heavy. I ndustri al Di stri ct Heavy Manufacturing District Planned Development District The location and. boundaries of the districts herein'established are shown upon the Official Zoning Map, which is hereby incorporated ini;o~this Ordinance. Said Zoning Map, together with all notations, references, and other information shown thereon, and all amendments'thereto, shall be as mu~ch ~a part of this Or- dinance as is fully set forth, and'described herein. Said Zoning Map, properly attested, is on 'file in the office of-the City Clerk. 21 SECTION 5 OFFICAL ZONING MAP The boundaries of the zoning districts set out herein are delineated upon 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 fol- lowing words: "This is to certify that this is the Official Zoning Map referred toin Section 4~"of Ordinance Number 77-2090 of the City of Plainview, Texas, adopted. July~ 26, 1977." 5.01 MAINTENANCE OF ZONING MAP< The Official Zoning Map shall be kept in the office of:the City Clerk and one (1) copy. shall be main- tained in the office of the Director of Planning. It shall be the duty of the City Clerk to keep the Official Map curren.t'and the copies thereof, herein provided-for, by entering on such maps any changes~whichrthe 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 Zo- ning 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 or- dinance shall provide thatsuch changes or amendments shall not become effective until they have been duly~entered upon this Of- ficial 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 b~ resolution adopt a new Official Zoning Map which shall supersede the Official Zoning Map. The new Official Zoning map maycorrect drafting or other errors or omissions in the prior Official Zoning Map, butno 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: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as a part of Ordinance No. 77-2090 of the City of Plainview, Texas" 22 5.02 Unauthorized Change of Zoning Map: No changes of any nature shall be made in the Official Zoning Map or'matter shown thereon except in con- fortuity where the procedures ~et forth in this Ordinance. Any unauth- orized change of whatever kind by any person or persons shall be con- sidered a violation of'this Ordinance and punishable as provided under Section 21 of this Ordinance. Regardless of the existence of purposed 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 Office of the City Clerk shall be the final authority as the current zoning'status of land and water areas, buildings and other structures in the City. 23 SECTION 6 TEMPORARY .ZONING ANNEXED I'ERRITORY All- territory hereafter annexed-to the"City of Plain¥iew shall be temporarily classified as "AO" Agricultural~Open Space 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 Councit of the City of Plainview. The procedure for establishing permanent 'zoning of'annexed terri- tory shall conform to the procedure established by law from 'the adoption of Original Zoning Regulations. 6.01 In an area temporarily classified as "AO'' Agricultural-Open Space: No person shall erect, construct or proceed or continue with the erection or cons.tructionof any building or structure or cause the same to be~done in any newly annexed territory to the City of Plainview without first applying for and obtaining-'a Building Per- mit or Certificate of Occupancy frcm the Building Official or the City Council as may be required herein. 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-building permitted in the "AO" Agri- cultural Open-Space District, unless and until such territory has been classified in a zoning distric, t other than the "AO" Agricul- tural Open Space District by the City Council in the manner pro- vided by lawexcept as provided in 6.01-3. An application for a permit for any other use than that specified in paragraph 2 shall be made to the Building Inspector of the City of Plafnview and by him referred to the City Planning and Zoning Commission in making its recommendation to~ the City Council con- cerning any such permit shall take into consideration the appro- priate land use for the area. The City Council after receiving and reviewing the recommendations of the City Plalning and Zoning Commissions may, by majority, vote to authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application. SECTION 7 APPLICATIONS OF- DISTRICT REGULATIONS The regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of minimum regula- tions and shall apply uniformly to each class or kind'of structure or land, and particularly except as hereinafter provided: 7.01 COMPLIANCE REQUIRED No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, con- 24 Oil well supplies and machinery sales. Pipe storage._ Printing or publishing including engraving or photo-engraving. Sign advertising or billboard (which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot). Sign Shop~ Skating rink commercial. Theater drive-in. Trailer sales or .rental (for.~use"with priva~:e passenger automobiles). Transit'vehicle, bus and t'ruck storage, serv~icing, repairs and sales. Warehousing establishment other than accessory to permitted retail use. Water Distillation. Wholesale establishment including storage. Any other trade, i-ndustry or. usethat will be no more -injurious, hazardous, or noxious than those listed as being permitted in District C-2, prov,ided that approval is first obtained from the Board of Adjustment, an~l provided further that said Board.of Adjustment finds that such proposed trade, industry or use will not be any more injurious, hazardous, or noxious, than those liSte~d as being permitted in District C-2, and provided further that the Board of Adjustment finds that the proposed use~will not be con- trary to the public interest and that the spirit of the ordinance will nevertheless be obser~ved and substantial justice done, and provided further that the building or land is to be used for a use or service similar to the uses her~in listed in the type of services or goods sold, and provided further that it is not a use as is specifically enumerated in M-1 or M-2 Disi~ricts. 2. He~gbt~regulations. No structure shall exceed 30 feet or 2 stories. 3. Lot area, lot width and~setback regulations.. The following minimum requirements shall apply: Sq. Ft. Lo~ Setback District Lot Area ~idth F~ont Rear Side C-2 5,000 50' None 20' None Exception Where the side yards_of lots in the C-2 district are abutting an R-1 or R-2 district, the side yard setback shall be equal to the minimum side yard setback of the abutting district. Exception a~ Where the side yards of l~ots in the C-2 district are abutting an R-l, R-2, or R-3 district, the side yard setback shall not be less than 10 feet, except as provided in Paragraph C of these exceptions. 35-a be Rear yards. Where the rear yards of lots in the C,2 district are abutting an R-l, R-2, R-3, or C-1 district, the rear yard setback shall be equal to the minimum rear yard setback of the abutting district. In all cases where the side yard is adjacent to a side street, the side yard shall not be less than-~lO feet. This requirement may'be waived by the Board of Adjustment if they find that s~ch waiver will not be contrary to the public interest. de Residential development within the C~2 district. The lot area, lot width, density and setback regulations for residential struc- tures within the C~2 district shall be the same as those in the R-3 district. 4. Other required conditions. Site Plan. A site plan shall be submitted to and approved by the Building Official fOUr any .commercial or multiple-family Use or structure within the C-2 district prior to the issuance Of a Zoning Permit. Floor Area. The total floor area of any'building or buildings on a lot in the C-2 district shall not exceed the number of square feet in the lot. 36 SECTION 11 M-1 LIGHT MANUFACTURING DISTRICT Purpose The manufacturing use distri~cts are designed to provide ~land for a wide range of commercial and industrial activities subject to limitations intended to protect nearby residential and commercial districts~.and to protect the per- mitted uses from one another. Manufacturing District. M-l consists mainly~oi: areas occupied by or suitable for manufacturing, wholesale and. other industrial"activities, ~all of a non- nuisance type. 1. Permitted Uses a. In the M-1 District, no land shall be used and no building shall be erected for or converted~to- any use other than: Permitted Uses Any use permitted in the R-l, R-2, R-3, C-l, C-B and C-2 districts, ex- cept that no building shall be erected or- converted for dwelling pur- poses, provided, however, '.that dwelling quarters~may be established in connection with any industrial plant for~watchmen and caretakers employed on the premises and provided 'Further that any existing dwelling within the M-1 district may be repaired or altered. Advertising di splays manufacturer. Automobiles, motorcycles, trucks or trailers, including parts, or re- building of engines. Baseball park', commercial. Batching or mixing plant, Portland cement, concrete, mortar or plaster, commercial. Boats, building or. repair. Books, binding, other than hand binding. Bottling wor'ks, for all beverages. Brooms or brushes. Camer~as or other photographic equipment and film. Carpets manufacture and cleaning~ Ceramics, stone, glass, marble, and porcelain products. Electrical appliances, equipment assembly, supplies, or'similar products, including electrical machinery. Electrical power generating station. Food products. Furniture and upholstery. Heavy equipment, storage, repair and sales, earth moving. Ice, dry or natural. Junk handling or storage, enclosed by an opaque wall or fence 6 feet in height, including automobile wrecking, salvaging and assembling of iron, rags and similar materials. Jute, hemp, sisal or oakum products. Laundry plant. Machines, business, including typewriter, accounting machines, calculators, card-counting equipment, or similar products. Machinery, miscellaneous, including repairs. Machine tools, including metal lathes, metal presses, metal stamping machines, 37 woodworking machines, or similar products. Mattresses, including rebuilding or renovating. Musical instruments, including pianos or organs. Orthopedic or m~dical appliances, including artificial limbs, braces, sup- ports, stretchers or similar products. Paper products, including envelopes, stationery, bags, boxes, shipping containers, bulk goods, .tUbes, wallpaper printing, or similar products. Pharmaceutical products. School, commercial or trade. Sporting or athletic equipment. Steel products, miscellaneous fabrication or assembly. Textiles, spinning, weaving, manufacturing, dyeing, bleaching, printing, knit goods, yarn, thread or cordage. Tires, recapping or V'ulcanizing shop. Tools or hardware, including bolts, nuts, screws, doorknobs, drills, hand tools or cutlery, hinges,-house hardware, locks, non-ferrous metal castings, plumbing appliances, or similar products.. Toys and novelty products. Vehicles, children's, including bicycles, scooters, wagons, baby carriages, or similar vehicles. Venetian blinds, window shades, or awnings. Any other trade, industry or use that will be no more injurious, hazardous or noxious than those listed as being permitted in District M-l, pro- vided that apProval is first obtained from the Board of' Adjustment, and provided further that said Board of Adjustment finds that such proposed trade, industry or'use will not be any more injurious, hazardous or noxious than those listed as being permitted in District M-l, and provided' further that the Board o~f Adjustment finds t'hat the proposed use will not be contrary to the public interest and that the spirit of the ordinance will nevertheless be observed and substantial justice done, and provided further that .~he building or land is to be used for a use or service similar to the uses herein listed in the type of services or goods sold, and provided further that it is not a use as is specifically enumerated in M-2 district. Height Reg. ulations. No structure shall exceed 100 feet in height unless setback from the required' yard lines an additional foot for each 4 feet in height about.lO0 feet. Lot Area, Lot Width and Setback..Rgg. utations. The following minimum re- quirements shall apply: Lot Area Minimum Lot Width Minimum Lot Coverage Maximum Yards Minimum Front Side Rear lO,O00 square feet 100 feet 75 percent 15 feet l0 feet, except when abutting an R-l, R-2, or R-3 dis- trict, then 25 feet 25 feet, except when abutting an R-l, R-2, or R-3 dis- trict, then 50 feet 38 Exceptions In all cases where the side yard is adjacent to a side street, the side yard shall not be less than 10 feet. Other Required 'Conditions Site Plan. A site plan shall be submitted to and approved by the Building Official prior to the issuance of a Zoning Permit. Floor Area. The i~loor area of any building or buildings on a lot in an M-1 district shall not exceed one and one-half times the number of square feet in the lot. 39 SECTION 12 M-2 HEAVY.MANUFACTURING. DISTRICT Purpose. Manufacturing District M-2 consists mainly of areas occupied by or suitable for manufacturing and industrial activities whose generation of nuisance ef- fects is ordinarily greater than that of industries permitted in the M-1 Dis- trict. 1. Permitted Uses a. In the M-2 district, no land shall be used and no building shall be erected for or converted to any -use other than: Any use permitted in the R-l, R-2, R-3, C-l, C-B, C-2, and M-1 Dis- tricts, except that no building shall be erected or converted for dwell ing purposes, provided, however, that dwel 1 i ng quarters may be established in connection with'any industrial plant for watchmen and caretakers employed on the premises and provided further that any:existing~dwelling within the M-2 district may be repaired or .altered. Asphalt or asphalt products. Batching or mixing plant, asphaltic or concrete. Boil er manufacture. Bottling works, for all beverages, including alcohol. Brick, stone, tile or clay products. Cement, lime, or plas, ter-of-paris. Chemicals, including acide, acetylene, aniline dyes, ammonia, bleaching compounds, carbide, caustic soda, cellulose, chlo- rine, carbon black or bone black, cleaning or polishing pre- parations, creosoting, e×terminating agents, hydrogen or oxygen, industrial alcohol, sugar, potash, plastic materials, or synthe- tic rosins, or rayon'yards. Coal, coke, charcoa~l or.tar products, including gas. Cotton ginning, cotton'wadding or linters, cottonseed products manu- facture, cotton baling or compress. Excelsior or packing-materials. Explosives or fireworks. Ferti 1 i zers. Gas or flammable liquids, stora§e or products. Gelatin, glue or si~e. Grain, milling or p~ Graphite, or graphi Gypsum. Hair, felt or feath~ Hatchery. Incineration, disti animals, ~fat re Insecticides, fungi household chemi Leather, hair, or'f 'ocessing, elevators. :e products. .~rs, bulk processing, washing, curing or dyeing. lation or reduction or garbage, offal, or dead ~dering. ~ides, disinfectants, or.related industrial or ~al compounds. ~r'tanning, curing, finishing or dyeing and products. 40 0 Livestock auction sales, feeding yards, pens with barns and temporary unloading, concentration loading and shipping. Meat or 'fish products, including slaughtering of meat or.preparation of fish for packing. Metal or metal ores, reduction, refining, smelting or alloying. Metal alloys of foil, miscellaneous, including solder, pewter, brass, bronze, tin, lead or gold foil or similar products. Metal or met. al products, stamping or extrusion, treatment, finishing or processing, including enameling, japanning, lacqueri'ng, gal- vanizing, plating or-simi~lar processes. Metal welding, casting or 'foundry products, including ornamental iron work, or similar products. Paint, enamel, lacquer, turpentine or varnish. Petroleum or petroleum products, refining, including gasoline or other petrol eum products. Plastic and rubber products. Railroad yards, shops or equipment. Slaughtering or packing of animals or pountry. Soaps or detergents, perfumes. ~-- Wood p~oducts:, pulp, ~_~fiber~ ~r-qumber process-i, ng',-~o~-reduction, including paper mitl---~operati ons. Wool scouring~or pulling. Any manufacturing or industrial process not prohibited by any other law, provided, however, that no Zoning Permit shal'l be issued for any of the uses not hereinabove enumerated'until and unless the location of.such use shall have been approved by the City Council. Height Re~ula_~tions. No structure shall exceed 150 feet'~in height unless setback from the required yard lines an additional foot for each 4 feet in height above "150 feet. Lot Area, Lot Width-and Set. back.Regulations. The foll'owing minimum re- quirements shall apply: Lot Area Minimum Lot Width Minimum Lot Coverage Maximum Yards Minimum Front Side Rear 20,000 square feet 100 feet 75 percent 25 feet l0 feet, except~when abutting an R-l, R-2, or R-3 district, then 25 feet. 25 feet, except when abutting an R-l, R-2, or R-3 district, then 50 feet. Exceptions In all cases-where the side yard. is adjacent to a side street, the side yard shall not be less than lO feet. 4. Other Required Conditions Sit'.e Plan. A site plan shall be submitted to and approved by~.the Building Official prior to the issuance of'a Zoning Permit. Floor Area. The floor area of any building or buildings on a lot in an M-2 district shall not exceed one and one-half times the number of square feet in the lot. 41 9.00 9.01 9.02 9.03 SECTION 9A "AO" AGRICULTURAL-OPEN SPACE DISl'RICT REGULATIONS Purpose "- To provide transition from a rural to an urban setting for all newly annexed areas. Use Regulations A building or premise shall be used only for the following purposes: All general and special agricultura. 1, farming, ranching, stock and poultry raising, dairy, and other related uses, so long as same do not cau.se a hazard to health by reason' of unsanitary conditions; and not offensiYe by reason of odors, dust,-fumes, noise or vibra- tion; and are not otherwise detrimental to 'the public welfare; and in no case-shall poul-try or livestock be kep,t nearer than two hun- dred (200) feet from any property line. All general and special forestry and minimg uses and other related uses so long as same are not offensive by reason of odors, dust, fumes, noise, vibration, unsightly conditions, or despoilation, and are not otherwise detrimental t.o .the public welfare. 3. Public parks and recreation areas. Single-family dwellings on building lots of five (5) acres or more in areas where Said dwellings can be adequately 'served by water wells and septi~ tanks located on the building lot. Country clubs or golf courses, but not including miniature golf courses, driving ranges or-similar forms of commercial amusement. 6. Public buildings, including libraries, museums, auditoriums, po- lice and fire stations, and similar public uses. 7. Schools, public elementary-or high school. 8. Such uses as may be permitted under the provisions of Section 31, Sp.eci fi c Use Permits. Height Regulations No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. Area Regulations 1. Size of Yards: All front, side, and rear yards shall have a di- mension of not less than one hundred (lO0)feet. 42 9.04 2. Size of Lots: No-lot shall have an area of less than one (1) acre. 3. Lot C_~verage: In no case shall more than ten (10) percent of the total area of the lot be covered by the combined.area of the main buildings and accessory buildings. Parking Regulations Off-street .parking spaces shall be provided in accordance with the re- quirements· for uses set forth in Section 32. 43 lO.O0 10.01 SECTION lOA "SF-9" SINGLE-FAMILY RESIDENTIAL REGULATIONS Purpose. The purpose of this district is to promote orderly and proper develop- ment of single family residential Units.; to protect established and future single family residential developments from inharmonious and harmful land uses; and to provide a "quality environment" for the residents of the district and city. Use Regulations A building or premise shall be used only for the following purposes: 1. Single family dwellings. 2. Churches or other places of worship. 3. Public colleges, public universities or other public institutions of higher learning. 4. Country clubs or golf courses, but not including miniature golf courses, driving-ranges or similar forms of commercial amusement. Be Farms, nursuries or truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises, and provided further that no poultry or livestock other than nomal household pets shall be housed within i~o hundred (200) feet of any property line. 6. Privately owned and maintained recreation areas where occupying the same lot or lots as a residence. 7. Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years. 8. Schools, public elementary or public secondary school. Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed~upon the completion or abandonment of construction work. 10. Accessory buildings and uses, customarily incident to the above uses and located on 'the same lot therewith, not involving the conduct of a retail business, except as provided herein: a. The term accessory use shall include customary home occupations as herein defined. be A billboard, signboamd or advertising sign shall not be per- mitted as an accessory use, except that the placing of an un- illuminated "For Sale" or "For Rent" sign not more than six 44 10.02 10.03 (6) square feet in area may be permitted as accessory use, and except that churches and' other institutions' may display signs showing names, activities; and services therein provided, and that during construction of a building one unilluminated sign advertising contractors or archi.tects on such premises shall be permitted, provided that such sign shall be removed immediately upon completion of the building. ll. Such uses as may-be permitted under the provisions of Section 31, Specific Use Permits. Hei 9ht Regul ati ons No building shall exceed thirty-five (215) feet or two and one-half (2-1/2) stories in height. Area Regulations 1. Size of Yards Front Yard: There shall be a front yard having a depth of not less than thirty (30) feet. Where lots have,double frontage, running through from one street, to"another, the required front yard shall be provided on both streets. Side Yard: There shall be a side yard~on each side of the lot having a width of not less than ten percent (1'04) of the lot width. The side yard adjacent to a side street shall not be less than fifteen (15) feet, except when a garage or carport opens onto a side street, said garage or-carport opening shall not be less than twenty (20) feet. No side yard for allowable non-residential'uses shall be less than twenty-five (25) feet. c. __Rear Yard: .There shall be a rear yard having a depth of not less than thirty (30) feet. 2. Size of Lot a. Lot Area: No building shal,1 be constructed on-any lot of less than nine thousand (9~000) square feet, Lot Width: The average depth of the lot shall not be less than ninety (90~ feet~'--nor, shall the lot~wid.th;at~the f-ront yard set- back]li~e-o~the rear ya~d-~set back-l.i~ne~e~les~.~than-sixty(60) Ce Lot Depth: The average-depth of the lot shall not be less than one hundred ten (110) feet, except that~a corner lot may have an average depth of less than one hundred ten (llO) feet, pro- vided that the minimum depth is no less than ninety (90) feet. d. Where a lot having less area, width and/or depth than herein required existed in'separate ownership-upon effective date of 45 10.04 this Ordinance, the above regulations shall not prohibit the erection' of one-fami ly dwel ling thereon. 3. Minimum Dwelling Size: The minimum floor area of any dwelling shall be fi~teen hun~lred- (t¥500)~ squa:~re.-~:.ee,t, ~exclusive of~ gar~ges.,~breeze- ways and porches-; ' -~ e Lot Coverage: In no case shall more than forty (40) percent of the total lot area be covered by the combined'area of' the main buildings and accessory buildings. Parking Regut ations Off-street parking spaces shall be provided in accordance with the re- quirements for uses set forth in Section 32. 46 11.00 11.01 ll .02 11.03 SECTION llA "SF-7" SINGLE-.FAM.ILY,' RESIDENTIAL D][STRI-CT REGULATIONS Purpose. The purpose of"this 'district is to prm~ote stable, quality residential development or'slightly increased densiti, es. This district~ may include entire neighborhoods or~when'used'~in accordance with the intent of the comprehensive plan, may~ provide a-"buffer" district'between lower and higher density residenti al diStri cts. Use Re_~:u-1 ati ons A building or premise shall be used-only-for the following purposes: 1. Any use pemi,tted in Dis.trict "SF-9". 2. Such uses as may be~permi.tted under the provisions of Section 31, Specific Use Permits. HeightRe~ulations No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories-in height. Area Re_~ula.ti ons 1. Size of Yards Front Yard: There shall be a front yard having a depth of not less than thirty (30~ feet. Where lot's have double front- age, running through from~one street to another, the required front~yard shall be provided on both'streets. DJ Side Yard: There shall be a side yard on each side of the lot having a width of not 'less than seven (7) feet. The side yard adjacent to a' side street shall not be less than fif- teen-~(15): feet', except where a garage or'carport opens onto a side street, said garage or carport opening shall not be ~ less than twenty (20) feet. No ~side yard for allowable non- residential uses shall be less than twenty~five (25) feet. c. Rear Yard: There shall be a rear yard having a depth of not less than thirty (30) feet. 2. Size Of Lot a. Lot Area: No building shall be constructed on any lot less than seven-thousand (7,000) square feet. bo Lot Width: The average width of the lot shall be not less than seventy (70) feet, nor shall the lot width.at the front yard set-back line or the rear yard set-back line be less than six- ty (60) feet. 47 ll .04 Lot Depth: The average depth of the lot shall not be less t-~an one hundred (100) feet, except that-a, corner lot may have an average depth' of less than one hundred (100) feet, provided that the minimum, depth is not qess than eighty (80) feet. Where ~a lot having less'area, width and/or depth than herein required existed in separate ownership upon"~the effective date of this Ordinance, the above'regutat~ions shall not pro- hibit the erection of a one-family'dwelling thereon. 0 Min'imum, Dwelling Size: The minimum floor area of any dwelling shall be eleven'hundred (1,100) square feet, exclusive of gar- ages, breezeways and porches. e Lot Coverage: In no,case shall more than forty (4~) percent of the total area be covered'by the c~bined area of the main buildings and accessory buildings. Parki n~ .~ R_eg ula ti ons Off-street parking spaces shall be provided in accordance with the requirements for uses set forth in Section 32. 48 12. O0 12.01 12.02 12.03 SECTION 12A "SF-6" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS Purpose The purpose of this distri ti al development of -slightl~ include entire-neighborhood intent of the comprehensive between lower' and' higher de Use Regulations A building-~or premise-shall 1. Any use permitted in Di~ 2. Such uses as may be pen 31, Specific .Use Permit: Height Re__egulati ons No building shall exceed th (2-1/2) stories in height. Area Re,_~u 1 a tions 1. Size of Yards ;t is to promote stable, quality residen- ! increased .densities~ This district may ~'or when used in accordance with the plan, may provide a "'buffer" district lsity residential districts. be used only~for the following purposes: ;trict "SF-9" ~itted under' the provisions of Section rty-five (215) feet or two and one-half Front rYard: There ;hall be a front yard having a depth of not less than twent.~-five (25) feet. Where lots have a double frontage, ru~ning through from'one street to another, the required'front ~ard shall be provided'-on both streets. Side Yard: There ~all be a side yard on each side of the lot having a width ~)f not less than six (6) feet. The side yard adjacent to a :;ide street shall not be-less than fif- teen (15) feet, exc~.~pt where a garage or carport opens onto a side street, said garage or carport opening shall not be less than twenty (21)) feet. No side yard for allowable non- residential uses sh~ll be less than twenty-five (25) feet. Rear Yard: There sl~all be a rear yard having a depth of not less than twenty-fi~e (25) feet.. Lot Area: No build'ing shall be constructed on any lot less than six thousand (~i,O00) square feet. Lot Width: The ave~'age width of the lot shall be not less than sixty (60) feet, no~ shall the lot width at. the front yard set-back line or th~ rear yard set-back line be less than fifty (50) feet. 49 2. Size of Lot 12.04 Lot Depth: The average depth of the lot shall not be less than one'hundred (100) feet, except that-a corner lot may have an average depth of less than one hundred ~lO0)'feet, provided that the minimum depth is no .less than eighty (80) feet. de Where a lot having less area, width and/or depth than-herein required existed in-separate o~ership~uponJthe effective date of this Ordinance, the above regulations shall not pro- hibit the erection of a one-family dwelling thereon. Minimum Dwelling Size: The minimum~floor area of any dwelling shall be nine hundreds(900) square feet, exclusive of garages, breezeways and porches. Lot Coverage:lin no case shall more than forty (40) percent of the total area be covered by the combined area of the main buildings and accessory buildings. Parking, Regul ati ons Off-street parking spaces shall be provided in accordance with the requirements for uses set forth in Section 32. 50 13.00 13.01 13.02 13.03 SECTION 1 3 "SF-5" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS ~urpose The purpose of this district is to promote stable, quality residen- tial development of slightly increased densities. This district may include entire neighborhoods or when used i.n accordance with the intent of the comprehensive plan, may provide a "buffer" district between lower and higher density residential districts. Use Re§ulations A building or premise shall be used only for the following purposes: 1. Any use permitted in District "SF-9' 2. Such uses as may be permitted under the provisions of Section 31, Specific Use Permits. He.ig.ht Re~ul ations No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. Area Regulations 1. Size of Yards Front Yard: There shall be a front yard having a depth of not less than twenty-five (25) feet,. Where lots have a double frontage, running through from one street to another, the required front yard shall be provided. Da Side Yard: There shall bea side yard on each side of the lot havi~n§ a~width of not less than five (5) feet. The side yard adjacent to a side street shall not be less than fifteen (15) feet, except when a garage or carport opens onto a side street, said garage or carport opening shall not be less than twenty (20) feet. No side yard for alloWable non-residential uses shall be less than twenty-five (25) feet. c. Rear Yard: There shall be a rear yard having a depth of not less than twenty-five (253 feet. 2. Size of Lot Lot Area: No building shall be constructed on any lot less than five thousand (5,000) square feet. Lot Width: The width of the lot shall be not less than fifty ~50) feet, n'or shall the lot width in the front yard set-back line or rear yard set-back line be less than fifty (50) feet. 51 13.04 Lot Depth: The average depth of the lot shall not be less than one hundred (100) feet, except that a corner lot may have an average depth of less than one hundred (100) feet, provided that the minimum depth is no less than eighty (80) feet. Where a lot having less area, width and/or depth than herein requried existed in separate ownership upon the effective date of this Ordinance, the abov. e regulations shall not pro- hibit the erection of a one-family dwelling thereon. 3. Minimum Dwelling Size: There shall be no minimum ~quare f~ootage requirements in an SF-.5 Zone. J Lot Coverage: In no case shall more than forty (40) percent of the total area be covered by the c(~bined area of the main buildings and accessory buildings. Parking Regulations Off-street parking spaces shall be provided in accordance with the requirements for uses ~et forth in Section 32. 52 14.00 14.01 14.02 14.03 SECTION 14 "TF" ATTACHED RESIDENTIAL DISTRICT REGULATIONS Purpose The purpose of this district is to promote stable, quality residential development of slightly increased densities and multiPle occupancy. This district may'~include entire 'neighborhoods or 'when used in accor- dance with the intent of the comprehensive plan, may provide a "buf- fer'' district between low-density.'~and high-density or non-residential districts. Use Reg.ulations A building or premise shall be used only for the following purposes: 1. Any use permitted in District "SF (7" Attached dwelling units, provided that no more-than two (2) dwelling units are attached in one continuous row or group and provided that no dwelling unit is constructed above an-. ~ otherdwelling unit. Height Reg~l ations No building shall exceed thirty-five (35) feet or two and one-half stories in height. Area Reg. ulations 1. Si~e of Yards Front 'Yard: There shall be a front yard having a required depth of not less than-twenty-five (25 feet. No required parking shall be allowed within the required front yard. Side Yard: There shall be a side yard on each side of a con- tinuous row or group of dwellings of not less than ten percent (10%) of lot width~ A side yard adjacent to a side street shall not be less than fifteen (1'5) feet. No side yard for allowable non-residential uses shall be less than twenty- five (25) feet. c. Rear Yard: There shall be a rear yard having a depth of not l~s than twenty-five (25) fee~:. 2. Size of Lot a. Lot Area: No building shall be constructed on any lot of less than seven thousand (7,000) square feet. ~ot Width: The width of the lot shall be detemined by the construction width of individual dwelling units or continous rows or groups of dwelling units considering side yards as required'above, but in no case shall a lot width be less than fifty (50) feet. 53 14.04 c, Lot Depth:- The average depth of the lot shall not be less than one hundred (100) feet. Where a lot having less area, width and/or depth than herein required existed in separate ownershp upon the effective date of this Ordinance, the above regulations shal'l~not prohibit 'the erection .of a .dwelt ing thereon. Mi.nimum Dwelling Size: The minimml floor area of any dwelling unit shall be five hundred (500) square feet, exclusive of garages, breezeways and porches. Lo.t,Coverage:~ In no case shall more than for~ty.(40) percent of the total lot area-be-covered bythe cE~bined area-ofthe main buildings and accessory buildings. Parkin§ Regulations Off-street parking spaces shall be provided in accordance with the re- quirements for uses set forth in Section 32. 54 15.00 15.01 15.02 15.03 SECTION 15 "MF-I" MULTI-FAMILY RESIDENTIAL DISiTRICT REGULATIONS Purpose The purpose of this district is to promote medium density, multiple occupancy-development. The regulatiOns are designed to promote family oriented'.development, which provides the occupantswith the proper en- vironmental quality, and compatibility with lower density-development. The purpose of this diStrict is not to' isolate mum'ti-family units, but to encourage compati bl e residential I and uses through.effecti ve pl an- ning and urban design. When adjacent to "SF" or "TF" zoned property, the proposed'development inthis district shall be so designed to provide for-maximum compatibility with adjacent development. Archi- tectural design, lanscaping, screening and parking areas shall be pro- perly provided toqnsure maximum protection of lower' density uses. Use .Re§ulations A building or premise-shall be used only for. the followi,ng purposes: 1. Any use permitted in District "TF". e Attached dwelling units, previded that no more than four (4) dwelling~units are attached in one continuous row or group and provided that no dwelling unit is constructed above another dwelling unit. Height Re9ul ati ons No' building shall exceed thirty-five. (35) feet or two and one-half (2-1/2) stories in height. Area Regulations 1. Size of Yards a. Front Yard: Same as District "TF". b. Side Yard: Same as District "TF". c. Rear Yard: Same as District "IFF". 2. Size of Lot Lot Area: No building shall be constructed on any lot of a to- tal area equal to thirty-five hundred (3,500) feetmultiplied by the total number of dwelling units in a continuous row or group. Lot Width: The width of thelot shall be determined by the con- struction width of individual dwelling units or continuous rows or groups of dwelling units considering side yards as required above, but in no case shall a lot width be less than twenty (20) feet per unit, plus side. 'yard requirements. 55 15.04 cu Lot Depth.: The average depth of the lot shall not be less than one hundred (100) feet. Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the effective date'of this Ordinance, the.above regulations shall not prohi- bit the erection of a dwel ling thereon. Minimum Dwellin~ Size: The minimum floor area .of any dwelling unit shall be five hundred (500) square 'feet, exclusive of garages, breezeways~and porches. Parking-Re_e_g ul ati ons Off-street parking spaces shall be provided in accordance with the requirements for uses set :forth in Section 32. 56 16. O0 16.01 16.02 SECTION 16 "MF-2" MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS Purpose The purpose of'this district~is to promote n~edium density, multi- ple occupancy development. The~regulations are--designed to promote family oriented development which provides the occupants'with the proper environmental quality, and compatibili~:y with lower density develop- ment. The purpose of this distr~ct is not to isolate multi-family units, but to encourage planning and urban: design. When adjacent to "SF" or "MF-I" zoned property,: the proposed development in this district shall be so designed ~to provide for maximum compatibility with adjacent de- velopment~ Architectural design, landscaping, screening and parking areas shall be properly provided to insure maximum protection of lower density uses. Use Regulations A building or premise shall be used on'my for the following purposes: 1. Any use permitted in District "MF-I" 2. Multi,Family Dwellings. 3. Day Nursuries. 4. Dormitories for students. 5. Fraternity or sorority houses. 6. Institutions of a religious, educational,'charitable or philan- thropic nature, but nora penal institution. 7. Nursing or.convalescent homes. e Accessory buildings and uses, customarily incident to the above uses and located on'the same lot therewith, not involving the con- .~duct of a~retai~ business. Specific Use Permits. Such uses as may be permitted under the provisions of Section 31, Height Regulations No building shall exceed forty-five height, except that a buil~ding may b (80) feet and eight (8) stories~if s lines a distance of one(l) foot for height above forty-five (45) feet. (4!5) feet or three (3) stories in e erected to a height of eighty et back from'-~all required yard ~:ach two (2) feet of additional 57 16.03 Area Regulations 16.04 1. Size of Yards a. Front Yard: Same as District "TF". Side Yard: There shall be a side yard on each s. ide of the lot having a width of not less than ten (10) feet. A side yard adjacent to-a side street shall not be less than fifteen (15) 'Feet. c. Rear Yard: Same as District "I'F". 2. Size of Lot Lot Area: No bu'ilding shall be constructed on any lot of less than nine thousand (9,000) square feet. No lot'shall contain less than fifteen hundred (1,5(}0) square feet per-dwelling unit, providing, however, that this regut'ation shall not apply to hotels, apartment hotels, or motels where no cooking is done in any individual room. be Lot Width: The width of the lot. shall not be less than fifty '~0) feet at .a point .located thirty (30) feet 'in depth from 'the front street building line.. Ce Lot Depth: The average depth of the lot shall not be less than one hundred (100) feet, except that a corner-lOt, having a minimum width of not less-than eighty (80) feet, may have an average depth of less than one hundred (100) feet, provided that the minimum depth-is no less than ei§hty (80) feet. Where a lot having less area, width and/or-depth than herein required existed in separate ownership upon the effective date of this Ordinance, the above regulations shall not prohibit the erection of a one-.family dwelling thereon. 3. Minimum. Dwettin~ Size There shall be no minimu~ 4. Lot Coverage In no case shall more tha area be covered by the co accessory buildings. Parkin~ R_e~ulations floor area~ requirements in an MF-2 Zone. forty (40) percent of the total lot mbined area of the main buildings and Off-street.parking spaces shall-be provided in accordance with the re- quirements for uses set fOrth in Section 32. 58 17.00 17.01 17.02 17.03 SECTION 17 "TH" TOWNFtQUSE RESIDENTIAL DISTRICT REGULATIONS 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 regulations are designed to provide 'the occupants wi th safe and convenient .-housing within an aesthetically pleasing environment in proper relationship' to adjacent land uses. When pro- posed development in this district is adjacent to "SF", "TF" or "MF-I" zoned property, the proposed development shall be designed to provide .for maximum compati bi 1 i'ty wi th the adjacent ~devel opment. Architectural design, landscaping, screening and parking areas shall be properly provided to insure maximum protection of lower density uses. Use Regulations 'A building or premise shall be used onlly for the follo~.i.ng purposes: 1. Any use permitted .in District "TF". 2e Single famliy attached dwelling units, provided that no less than four (4) dwelling units-, nor more than ten (10) dwelling units are attached in one continuous row or group not to exceed two hundred fifty (250) feet, and provided that no dwelling unit is constructed above another dwelling unit. 3. Such uses as may be permitted under the provisions of Section 31, Specific Use Permits. HeiQht Regulations No bulding shall exceed thirty-five (35)-feet or' two and one-half (2-1/2) stories in height. Area Regulations 1. Size of Yards Be Front Yard: There shall be a 'front yard having a required depth of not less than twenty~five (25) feet. Furthermore, required parking shall not be allowed within the required front yard. be Side Yard: There shall be a side yard on each side of a con- tinuous row. or group of dwellings of not less than ten (10) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. No side yard for allowable non-resi- dential uses shall be less than twenty-five (25) feet. c. Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. 59 17.04 2. Size of Lot Lot Area: No building shall be constructed on any lot less than-ten thousand (lO,O00) square feet. No-lot shall contain less than two thousand' (2,000)'square feet~' or equivalent 'thereof, per~ dwelling unit. b. Lot Width: The width of a lot shall not be less than twenty-two (22) feet-at any point. c. Lot Depth: The depth of a lot shall not be less than eighty '(80) feet at any ploint. Minimum Dwellin9 Size: The minimum floor area of any dwelling unit shall be one th'ousand (1,000) square feet, exculsive of garages, breezeways and porches. e Lot Coverage: the tOtal lot area be buildings and accessor In n'o ~ca.se shall more than seventy (70) percent of covered by the combined area of the main y buildings~ 5. Lots to be Platted: S street frontage, on on streets and/or alleys, Parking-. R_egul ati ons Off-street parking spaces quirements for uses set fo uch plat to cover-all properties with common side of a street, between' intersecting and designating individual lots. ;hall be provided in accordance with the re- 'th in-'Section 32. 6O 18.00 18~01 18.02 18.03 SECTION 18 "MH" MOBILE HOME PARK DISTRICT REGULATIONS Purpose To provide minimum' standards for properly maintained mobile home parks. These standards should consider the effect of the park layout on resi- dents of the park, as well as minimize-the negative impacts of the park on~ surr~nd,.i~ng.~ properti es. Use Regulations A building or premise shall be used only for the following purposes: 1. A mobile home park. Such uses as are normally accesso~ to a mobile home park, includ- ing office and/or maintenance buildings for management and maintenance of the-mobile home park only, recreation buildings and swimming pools, private clubs, laundry facilities and storage facilities for use of the residents of 'the mobile home park and open recreation areas. 3. Such uses as may be permitted under t:he provisions of Section 31, Specific Use' Permits. 4. Any use allowed under' "SFII zones. Location of Mobile Homes~and Mobile Home Pa~ks It shall be unlawful for any person to locate or maintain any mobile home in any place in'the .City other than in a lawfully designated and duly licensed mobile home park, except that mobile homes may be kept in an acceptable mobile home sales location, as a temporary, of- fice or other' similar temporary use, and except that one small so called "camper trailer" may 'be kept as an accessory use to a dwelling unit. A mobile home kept under an exception shall not be used for living orrsleeping purposes. Mobile Home Park Districts will be granted only as an amendment to the Zoning Ordinance. The granting of each Mobile Home Park District will be judged on the merits of each individual request for an amendment. e The loc~tion of Mobile Home Parks shall be in general conformance with the General'Plan of the City, shall be located adjacent to a thorough- fare or a commercial area which is adjacent to a thoroughfare and should generally not be surrounded by single-family residential areas. Mobile Home Park Plan Although it is understood that a Mobile Home Park may be held as private property and would therefore not' require the filing of a plat of record with the County Clerk, a plan of the Mobile Home Park will be submitted with any request for an amendment for a mobile home park in conformance with the following requirements: 61 18.04 1. Height Regulations: No building shall exceed forty-five (45) feet or th-~ee (3) stories in height, 2. Other Requirements: In addition to the above-requirements, all of the'MObile Home Ordinance No.-70-1078 shall be adhered to. Parki n.9. Re, gu lations Off-.street parking spaces shall be provided in accordance with the re- quirements of the Mobile Home Ordinance. 62 1.9. O0 19.01 SECTION 19 "CRS" RESIDENTIAL SERVICE DISTRICT Purpose The purpose of this district is to provide convenience shOpping within a neighborhood. The items sold should be of day--to-day usage and made for convenience of the neighborhood's residents. The structure and type of business Should~ be compatable~with the surrounding residential usage. Use Regulations A building or premise shall be used only for the following purposes: 1. Bakery, candy, nut, confectionery (retail sales only) 2. Barber and beauty shops (single operator) 3. Book, card, and stationery stores 4. Florists (retail only) 5. Antique stores e Other minor retail and personal services of similar nature and character, provided that the business establishment supplies the everyday needs-of the immediate neighborhood and subject to the following conditions: a. That it be conducted wholly within an enclosed building. be 'That required yards not be used for display, sale, or stor- age of merchandise, or for the storage of vehicles, equip- ment, containers or-waste material. c. That all merchandise be first-hand and be sold at retail on the premises. d. 'That such use be not objectionable because of odor, excessive light, smoke, dust, noise, vibration or' simil~ar nuisance. e Signs' (advertising) used in connection with and on the same lot as the business establishments--to which they refer, except that they shall not be placed within any required yard nor within twenty-five (25) feet of any "SF" District. Free standing signs are not to exceed fifty (50) square.feet in area or-twenty-five ('25) feet in height. Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, excessive light, smoke, dust,, noise, Vibration or similar nuisance. 63 19.02 19.03 19.04 9. Such uses may be permitted under the provisions of Section 31, Specific Use Permits. Height Regulations Same as District "MF-2". Area Regulations 1. Size of Yards Front Yard.: There shall be a front yard having a 'minimum depth of twenty-five (25) feet,, No parking, storage or similar use'shall be al, lowed in required front yards in District "C-I" except that automobile parking will be permitted in such yardq if ~ separated by at least one hun- dred (lO0) feet from any "SF" District. Side Yard: A side yard of not less than fifteen (15) feet in width shall be provided on the side of a~lot adjoining an "SF" District~ Otherwise, no side yard is required. No parking, Storage or similar, use shall be allowed in any re- qui, red side yard or in any required side street yard adjoin- ing and "SF" District. Ce Re.ar Yard: No rear yard is required except that a rear yard of not less than twenty-five (25) feet in depth shall be pro- vided upon that portioQ ora lot abutting or across a rear street from an "SF" DiStrict. Parking'and LoadingRegulations Off-street parking and loading spaces shall be provided in accordance with the requirements for uses set forth in Section 32. 64 20 ~ O0 20.01 10. Clothing, apparel a costumes SECTION 20 "CNS" NEIGHBORHOOD SERVICE DISTRICT REGULATIONS Purpose. The purpose'of .this district is to provide local neighborhood resi- dential areas~ generally within a 1/4 mile to 1/2 mile radius with- limited convenience services and'small retail'type items. Such districts should be adjacent to collector streets or thoroughfares. Use Regulations A building or premise shall be used only for the following purposes: 1. Any use permitted in District "CRS" 2. Antique, arts and crafts stores 3. Art gallery or museum, commercial or public 4. Banks, savings and loan associations, trust companies or loan of fi ces 5. Barber shops or beauty parlors (multiPle operators) 6. Book stores or comtnercial lending libraries 7. Camera shops or photographic supply stores 8. Caterers, delicatessens 9. Clinics, medical and' dental offices id accessory stores, including formal wear and ll. Dry cleaning packag .12. Drug stores or phan 13. Food or grocery stol 14. Gasoline service s.t~ do not include majol of old or wrecked m~ the sale of new or vehicles, trailers 15. Locksmiths and key plants, pick-up stations or self-service lacies 'es ~tions, provided that the activities permitted 'automobile repairs, storage, or dismantli'ng }tor vehicles, the sale of used automobile parts., Ised vehicles', or the renti~ng or leasing of motor ir equipment ~hops 16. Music stores, phonograph record retail sales 17. Newspaper distribution stations 18. Offices, provided that a maximum of twenty (20) percent of the gross 65 building area in the district shall be allowed for offices 19. Optical goods, opticians, optometrist offices 20. Radio or television recording studios 21. Restaurants and others with indoor services and other food es- tablishments 22. Sewing machine retail sales 23. Shoe stores or repair shops 24. Sporting goods stores 25. Telephone answering services 26. Theaters (indoor) 27. Toy stores 28. Watch repair shops 29. Other retail stores and personal services of similar nature and character, provided.~that the business establishment supplies the everyday shopping needs of the immediate neighborhood and subject to the following conditions: a. That it be conducted wholly within an enclosed building lqhat required yards, be not used for display, sale or storage of merchandise, or for the storage of vehicles, equipment, containers or'waste material c. That all merchandise be first-hand and be sold at retail on the premises d. That such usebe not objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance. 30..Signs (advertising) used in connection with and on the same lot as the business establishments to which they refer, except that they shall not be placed within any required yard norwithin twenty- five (25) feet of any "SF" District. Free standing signs are not to exceed .one hundred-fifty (150) square feet or thirty-five (35) feet in height. 31. Accessory buildings, and uses customarily incident to any of the above uses, provided that such be 'not objectionable because of odor, excessive light, smoke, dust, noise, vibrations or similar nuisances. 32. Such uses as may. be permitted under the provisions of Section 31, Specific Use Pemits. 66 20.02 Height Re~ul ati ons 20.03 20..04 Same as District "MF-2" Area Requirements 1. Si]ze .of Yards Front Yard: There shall be a frOnt yard having a minimum depth of twenty-five (25) feet. No parking, storage or similar use shall be allowed in required front ' yards in District "CRS", except that automobile parking will be permitted in such yards if separated by at least one-hundred (100) feet from any "SF" Dis tri ct. bo Side Yard: A side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining an "SF" District; otherwise, no side yard is required. No park- ing, storage or similar use shall be al"lowed~ in any required side yard or in-any required side street yard~adjoining an "SF''~ Dis trict. C® Rear Yard: No rear yard is required except t~hat a rear yard of not less than twenty-five (2.5) feet in depth shall be pro- vided upon that portion of a lot abutting or across a rear street from an "SF" District. Parking and Loading. Regulations Off-street parking and loading spaces shall be provided in accordance with the requirements for uses set forth in Section 32. 67 21.00 21.01 SECTION 21 "CRD" RETAIL DISTRICT REGULATIONS Purpose The purpose of this district is to provide local retail and service commercial uses which s. erve one or several neighborhoods. Such dis- tricts may be located on existing thoroughfares or at the intersec- tions of major thoroughfares. USe Regulations A building or premise shall be used only for the following purposes: 1. Any use permitted in District "CNS" 2. Antique store (with outside display) 3. Ambulance service 4. Automobile, motorcycle or mobile home display, sales, service, repair, storage and accessory sales 5. Barber and beauty shop .equipment and specialties, sales 6. Blueprinting and similar 'eproduction services 7. Bookbinding 8. Bowling alley 9. Business or commercial school lO. Business machines, sales, service, rental, repair ll. Building materials sales inside only) 12. Dance hall (commercial) 13. Department store 14. Eating place providing au o service 15. Electrical retail sales 16. Floor covering sales, reti il 17. Florist shop, greenhouse 18. Furniture,~.appliances and home furnishing retail sales 19. Glass and cutting shop 68 20. Golf driving range (business permitted outside of building) 21. Hardware store and small-tool rental, but not including sales of lumber or industrial hardware 22. Hotels and motels 23. Ice vending establishment 24. Institution, non-residential 25. Laundry, package~plant, pickup station or self-service 26. Lumber yard (inside storage only) 27. Mor~tuaries, funeral homes, or undertakers 28. Office buildings 29. Orthopedic. shoe or appliance store and repair 30. Paint and wallpaper store or decorators shop 31. Pawn shop 32. Pet shops, retail 33.. Photographic, photo processing 34. Physical development and health studios 35. Plumbing fixture retail sales 36. Public utilities sub-office 37. Radio or television broadcasting station' or studio 38. Rehabilitation center 39. Rental, repair, or servicing of articles Whose sale is permitted in the same district, unless more specifiCal~ly listed elsewhere 40. Retail stores 41. School, commercial or 'trade, when not involving any d~mger of fire, or explosion, or offensive noise, vibration, dust, od'or, glare, heat, or other~ objectionable influences 42. Sign advertis~ing or billboard-(which directs attention to a business, commodity, service or entertainment conducted, sold or offered else- where than upon the same lot) 43. Sign shop 69 21.02 21.03 44. Skating rink, commercial 45. Storage of goods or merchandise, used in, produced by, or normally carried in stock in conjunction with permitted uses"'in the appli- cable district regulations 46. Studio for professional work or for teaching.any form of fine arts, photography, music, drama, etc. 47. Swimming. pool, commercial 48. Tailor shop, seamstress, altering and repairing of wearing apparel 49. Taxidermist 50. Trailer' sales or rental (for use with private passenger automobiles) 51. Travel bureau 52. Veterinarian offices (indoor soundproof kennels only) 53. Uses similar to the above mentioned permitted uses, provided acti- vities conducted observe the requirements of all City ordinances 54. Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, smoke, dust, noise, vibration or similar nuisance 55. Such uses as may be permitted under' the provisions of Section 30, Specific Use Permits Height Regulations No building shall exceed in height the width of the street on which it faces, plus the depth ofthe front yard. On a~lot adjoining an "SF" District, no building~shall exceed-forty-five (45)' feet in height, ex- cept that this height-may be increased up to the maximum of ten (10) stories or one'hundred fifty (150) feel: at the rate of one (1) foot of additional set-back"from required yard lines. Area -Regt~l ati ons I. Size of Yards Front Yard: Where-all the frontage on both sides of the street between two'intersecting streets is located in District "CRD", no front~yard is required. -Where the frontage on one side of the street between two intersecting streets is located partly in District "CRD" arnd partly irt an "SF" District regulations 'for a distance of not less than three hUndred (300) feet from 'the district boundary: Where a front yard"is~ required along the frontage on one side of a street, the front yard require- ments of the property directly opposite on the other side of the street shall be not less than fifteen (15) feet, except that such yard requirements shall not apply where the property in the "SF" District backs-up to the street. No parking, stor- age or-similar use shall be allowed in required front yards in Di strict "CRD" 7O 21.04 Side Yard: No side yard is required except that a side yard of not-less than ten ('10) feet in width or a side street yard of not less than fifteen .(15) feet in width shall be provided on the side on the lot adjoining or across a side street from an "SF" District. No parking, storage or similar use shall be allowed in required side yards or side street yards in District "CRD". Rear. Yard: No- rear yard is required escept.that a rear yard of not less than twenty-five (25)feet in depth shall be pro- vided upon 'that portion of a lot abutting or'across a rear street from an "SF" District. Parkin9 ~and Loading Regulations Off-street parking and loading spaces shall be provided in accordance with the requirements for uses-set forth in Section 32. 71 22.00 22. O1 SECTION 22 "CGB" COMMERCIAL ~GENERAL' BUSINESS' DISTRICT REGULATIONS Purpose The purpose of this district is to provide for heavy retail and whole- sale commercial 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 dis- tricto Because of the heavy, commercial nature of the permitted uses, compatibility with adjacent residential areas should~'be carefully con- sidered. Use .Regulations A building or premise shall be used only-for the following purposes: 1. Any use permitted in District "CRD" 2. Animal hospital, .pound or shelter 3. Auditorium, arena, coliseum 4. Automobile, glass, muffler, seat cover, tire and upholstery ser- vice, sales, installation and repair, but not including tire re- capping 5. Automobile repair, body work, painting 6. Bait store 7. Bakery, Wholesale 8.. Baseball park, commercial 9. Boat sales, rental, storage and repair lO. Bus station 11. Cabinet or carpentry shop 12. Carting, cratin.§, express hauling and s~orage 13. Club or lodge (no alcoholic beverages served) 14. Cold storage plant 15. Construction, equipment sales, service, rental and repair 16. Contractors or construction offices, shops and yards 17. Exterminator 72 18. Farm equipment sales, service, repairs, rfeed store 19. Food locker plant for consumer use 20. Freight depot or terminal, railroad and/or truck 21. Golf course., commercially operated driving ranges, pitch and putt courses, miniature golf and other commercial amusement 22. Hardware industrial sales 23. Laboratory - research, testing, medical or dental 24. Linen or uniform supply or. diaper service 25. Lumber yard 26. Machine tools, sales, service, rental and repair 27. Manufacturing'of baked goods,, candy', delicatessen foods and ice cream 28. Mirror si lvering 29. Monument sales and incidental processing 30. Oil well supplies and machinery sales 31. Pipe storage 32. Printing or publishing including engraving or photoengraving 33. Public utility sub-station 34. Second-hand store or rummage shop 35. Theater, drive-in 36. Transit vehicle, bus and truck storage, servicing, repairs and sales 37. Warehousing establishment other than accessory to permitted retail use 38. Water-distillation 39. Wholesale establishment, including storage 40. Uses similar' to the above mentioned permitted uses, provided acti- vities conducted observe-the requirements of all city ordinances 41. Such uses as may be permitted under the provisions of Section 31, Specific Use Permits 73 22.02 22.03 22.04 Height Regu.l ati ons Same as District "CRD" Area Reg~u,1 ations 1. Size of Yards There shall be no minimum yard requirements 2. Size. of Lot a. No building shall be constructed on a lot of less than three thousand (3,000).-square feet b. Lot-Width.: The width of a lot shall not be less than twenty- five (25) feet at the front~ street building line Parki ns and ,,~Loadi ng .Regu~lati ons Off-street parking and loading space shall be provided in accordance with the requirements for uses set forth-in Section 32. 74 SECTION 23 NOREQUIREMENTS 75 21.00 24. O1 SECTION 24 "OD" OFFICE DISTRICT REGULATIONS Purpose To provide for properly designed and designated office areas, and allow zoning of office space-adjacent to residential areas. Use Reg-ul ations A building or premise shall be used only for the following purposes: 1. Administrative, executive and editorial offices for business, pro- fessional or industrial organizations 2. Financial offices such as banks, savings and loan associations, mortgage bankers~ndinsurance ~offices 3. Governmental buildings and uses 4. Prescription .pharmacy 5. Medical and dental clinics e Medical and dental laboratories, but not including the manufac- ture of pharmaceutical or other products for general sale or di stri buti on Professional offices for the conduc, t of the following professional and semi-professional occupations: Accountant, architect, attorney- at-law, dentist, engineer, insurance agent', real estate agent, per- sonal or family counselor, chiropractor, physical therapist, physi- ci an, publ i c sec~retary, surgeon, or any -other' of fi ce or profession which is of the same general character as the foregoing, but ex- cluding animal grooming salons, dog kennels, funeral homes, veter- inari ans, veterinary hospital s Public institutions and non-profi~t institutions of an educational, religious or,~.cultu~al:~type, but e~cluding corr~ective institutions and hospitals 9. Schools and studios for art, dancing, drama, music, photography, interior decorating or reducing 10. Uses similar to the above mentioned permitted uses, provided acti- vities conducted observe the requirements of' all city ordinances ll. Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, smoke, dust, noise, vibration or similar nuisance 12. Such uses as may be permitted under the provisions of Section 31, Speci fi c~ Use Permits 76 24.02 24.03 24.04 Hei.ght Regul ati ons No building shall exceed in height the width of-the street on which it faces, plus the depth of the front yard. On a lot adjoining an "SF" District, no building shall exceeds'forty-five (45) feet in height, except that this height may be increased' up to the maximum of'ten (10) stories o~ one hundred 'fifty (150,) feet at the rate of two (2.) feet of addi- tional height for .each one'.(1) foot of additional set-back from re- quired fro'nt, side, and rear yard lines. Area · Re9 u:l ati ons 1. Size of Yards Front Yard: There shall be a front yard having a required depth of not less-than twenty-five (25) feet;, however; the minimum front yard Shall be increased forbuildings over forty-five (45) feet in height by one (1) foOt of addi:tional set-back from the required yard line for every two (2) feet of addi- tional height. Side Yard: Aside yard of not less than fifteen (15) feet ',i~n~,w, id---~'-shall be provi~ed~on ~he side of a lot adjoining an SF District; otherwise, a minimum side yard shall be in- creased for buildings over forty.-five (45) feet in height by one (1) foot of additional set-back from the'~required yard line for every two (2) feet of additional height. Rear Yard: A rear yard of not less than ten ('lO) feet shall be provided for buildings forth-five (45) feet or less in height. For-buildings greater than fOrty-five (45) feet in height, the minimum rear yard shall be equal to one-half (1/2) the total height of the building; however, no such rear yard need ~esceedfif~ty (50) feet. Parking and Loading..Regulations Off-street parking and loading spaces shall be provided in accordance with the requirements for uses set forth in Section 32. 77 25. O0 25.01 25.02 SECTION 25 "MD" MEDICAL DISTRICT REGULATIONS Purpose To provide for properly designed and designated medical areas where compatible wi th adjoining areas. Use Reg.ul a'ti ons A building or'premise shall be used only for the following purposes: 1. Day nursery or day care center 2. Nursing hon~e or convalescent home 3. Institution for care of alcoholic, narcotic or psychiatric patients 4. Clinic: medical, dental or optical 5. Laboratory: scientific research or'testing 6. Laboratory: medical, dental or optical 7. Retail sales and services for medical appliances 8. Park or play§round, public or open space 9. Restaurant 10. Florist 11. Barber and beauty shop 12. Drug store .or pharmacy 13. Optical sales and service 14. Offices.: medical, dental or optical 15. Hospital 16. Uses similar to. the above mentioned permitted uses, provided acti- vities conducted observe the requirements of all city ordinances 17. Accessory buildings and uses customarily incident to any of the above uses, provided that su_qh be not objectionable because of odor, smoke, dust, noise, vibration or similar nuisance 18. Such uses as may be permitted under the provisions of Section 31, Specific Use Permits Hei 9ht Regu I ati ons Same as District "OD" 78 25.03 25.04 Area,Regulations 1. Size of Yards a, Front Yard: b. Side Yard: c. Rear Yard: Same as District "OD" Same as District "OD" Same as Dist~rict "OD" Parking and Loading Regulations Off-street parking and loading spaces .shall be provided in accordance with the requirements for uses set forth in Section 32. 79 26.00 26. O1 26.02 26.03 SECTION 26 "P" PARKING-DISTRICT REGULATIONS Purpos__e To provide properly constructed parking areas in app~ropriate locations. To specify park and playground areas. Use Regulations A building or area~shall be used only for the following purposes: 1. Park, playgound, or open space, public or private e Parking, commercial or private lot (not to include parking for trucks) intended for use behind, across the street, or adjacent and incidental' to any zone where the provision of off-street parking is essential to protection of existing development and condUctive to the most appropriate use of land. 3. Such uses as may be permitted under the provisions of Section 31, Specific Use Pemits Height Reg.ulations No structure shall exceed thirty (30) feet or two (2) stories in height. Area Regulations 1. Size of Yards a. Front Yard: There shall be a 'front yard having a width of not less than twenty (20) feet.. be Side Yard: There shall be a side yard on each side of the lot having a width not less than five (5) feet. A side yard adjacent to a side street or "SF" District shall not be less than fifteen (15) feet. Ce Rear Yard: There shall be a rear yard having a width not less than five (5) feet. However, a rear yard adjacent to an "SF", "TF", or "MF-I" District shall have a rear yard not less than ten (10) feet from the rear property line. 80 27.00 27. O1 SECTION 27 "LI" LIGHT INDUSTRIAL DISTRICT REGULATIONS Purpose To provide for "light" industrial uses and those commercial uses re- quiring outside storage"and display. Trhe.-regulai~ions are designed to proVide for 'a mixture of~heavy c~mmerci'al and light industrial or manufacturing uses with proper.standards'to encourage attractive working areas'fo-r citizens. Use Re~ulations The following uses are'permitted in the "Lt"'District, provided that such manufacturing or'industrial operation sha}l not disseminate dust, fumes, gas, noxious odor, smoke, glare, or-other'atmospheric influence beyond the boundaries, of the property~onwhich such use is located at the boundary~of the property the avera§e intensity of noise of street traffic at that point, and provided that such use does not create fire hazards on surrounding property. Any use permitted in the "CRS", "CNS", "~CRD", or "CGB" Districts, excluding structures to be used as dwelling unSts except where the dwelling structure' is provided-as an integral Part of a planned industrial development, provided further that~in such case, all requirements of the "'2-F" District shall apptyto the'-dwelling uni ts. 2. Apparel and other products assembled from finished textiles. 3. Bottling works. 4. Carting, express, hauling or storage yard. 5. Coal, coke or wood yard. 6. Contractor's yard. 7. Cosmetic manufacturer. 8. Drugs and pharmaceutical products manufacturing. 9. Electronic products manufacturing. 10. Fur good manufacture, but not including tanning or dyeing. ll. Glass products, from previously manufactured glass. 12. Household appliance products assembly and manufactured from pre- fabricated parts. 13. ~ndustrial and manufacturing plants, inclUding the processing or assembling of parts' for production of finished equipment where the process of manufacturing or treatment ofmaterials is such that only a nominal amount of dust., odor, gas, smoke or noise is emitted and not more than ten-(lO) percent of the lot or tract 81 is used for the open storage of'-products'., materials, or equip- ment. 14. Musical instruments assembly and manufacture. 15. Plastic products manufacture, but not including the processing of raw materials. 16. Sporting and athletic equ 17. Testing and research labo 18. Other uses similar to the lowing uses are specifica 1. Acetylene gas manufac' 2. Acid manufacture 3. Alcohol manufacture 4. Ammonia, bleaching po 5. Arsenal 6. Asphalt.~manufacture o 7. Blast furnace 8. Bag cleaning, untess of bags 9. Boiler works 10. Brick, tile, pottery the manufacture of ll. Candle manufacture 12. Celluloid 'manufacture 13~ Cement, lime, gypsum 14. Central mixing plant materials 15. Coke ovens 16. Cotton gins 17. Cotton seed oil manuf 18. Creosote manufacture 19. Disinfectants manufac 20.. Distillation of bones 21. Dyestuff manu.facture 22. Exterminator and inse 23,. Emery cloth and sandp 24. Explosives'or firewor 25. Fat rendering 26. Ferti li zer manufactur 27. Fish'smoking and cUri 28. Forge plant ~pment manufacture. 'atories. abovelisted uses except that the fol- Ily prohibited: ;ure or storage ~der or chlorinemanufacture refining learly accessory to the manufacture terra cot~a manufacture other than landcraft or concrete products or treatment }r plaster of paris manufacture For cement, mOrtar, plaster or paving ~cture treatment ture coal or wood :t poison manufacture ~per manufacture ts manufacture or storage 29. Garbage, offal or dea~ animals reduction or dumping 30. Gas manufacture-or storage for heating or illuminating purposes ~ 31. Glue, size or gelatin~ manufacture 32. Hatchery 33. Iron, steel, brass or copper foundry or fabrication plant 82 27.02 27.03 34. Junk, iron or rag storage or baling 35. Match manufacture 36. Lampblack manufacture 37. Oilcloth or linoleum manufacture 38. Oiled rubber goods manufacture 39.. Ore reduction 40~. Paint, oil, shellac, turpentine or varnish manufacture 41. Paper-and pulp manufacture 42.. Petroleum or its pr:oducts, refining or wholesale storage of 43. Pick.le manufacturing 44. Planning mills 45~ Potash works 46. Pyroxline manufacture 47.. Rock crusher 48. Rolling mill 49.' Rubber or gutta-percha manufacture or treatment, but not the making of articles out of rubber 50. Sauerkraut manufacture 51. Salt works 52. Shoe polish manufacture 53. Smelting of tin, copper, zinc or iron ores 54. Soap manufacture other than liquid soap 55. Soda and compound manufacture 56. Stock yard or 'slaughter of animals or fowls 57. Stone mill or quarry 58. Stove polish manufacture 59. Tallow, grease or lard manufacture or refining from, or of, animal fat 60. Tanning, curing or storage of raw hides or skins 61. Tar distillation or manufacture 62. Tar roofing or water proofing manufacture 63. Tobacco (chewing) manufacture or treatment 64. Tire recapping 65. Vinegar manufacture 66. Wool pulling or scouring 67. Yeast plant 68. Fiberg 1 ass manufacture Height ,Regulations No building shall exceed in height.,-the width of the street on which it faces, plus the depth of the front yard. Area Regulations 1. Size of Yards Front Yard: Where none of the frontage on either side of the street between two intersecting streets is located in the "SF" District, no front yard is required. Where the frontage on one side of the street between two intersecting streets is located partly in District "LI" and partly in an "SF" Dis- trict, the front yard shall conform to the "SF" District regu- -lations for ~a distance, of nos less than~ three hundred (300) feet from ~h~e distrJ~¢t~ boundarY. Where a front yard is required along the frontage On one side of a street, the frOnt yaed requirements of the property directly: oppos~i'te on the~bther-side of the street shal 1 be-'n~t less~'than i~wenty~five (25) 83 ~ 27.04 No parki~ng, storage or similar use shall be allowed in required front yards in~Dist~i.~t "LI" Side Yard: No side yard is required except that a side yard of not less than twenty-five (215) feet in width shall be pro- vided'on the side of the adjoining or across a side street from an "SF" District. No parking, storage or similar use shall be allowed in required side yards or side street yards in District "LI" Rear Yard: No rear yard is required except that a rear yard of not less than fifty (501 feet in depth shall be provided upon that portion 'of a lot abutting or across a rear street or alley from an "SF" District,, except that such yard re- quirement shall not apply where the property in.%i~e "S~"~ District also backs up to the rear street. No parking, storage or similar use shall be allowed in required rear yards in District "LI" within twenty-five (25) feet of the rear property line. 2. Size of Lot: No minimum lot size is; required in the "LI" District. 3. Lot_Coverage: No minimum coverage is required in the "LI" District. Parking and Loading. Regulations Off-street parking and loading spaces .<;hall be provided in accordance with the requirements for uses set forth in Section 32. SECTION 28 "HI" HEAVY INDUSTRIAL DISTRICT REGULATIONS 28. O0 28. O1 28.02 Purpose The purpose of this district is to provide for those uses defined as heavy industrial and/or manufacturing use which will or may pro- duce 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. Use Regulations Any building or premises may be used for any purpose, including the below enumerated uses unless otherwise prohobited by other ordinances or laws; reconstructed, or structurally altered fOr residential pur- poses, except where the dwelling structure is provided as an integral part of a planned industrial development, provided that all dwellings or dwelling units meets'the requirements of. the "TF" District. 1. Acid manufacture 2. Cement, lime, gypsum or plaster of paris manufacture Distillation of bones and glue manufacturer 4. Explosives manufacture or storage 5. Fat rendering and fertilizer manufacture 6. Garbage, offal, or dead animal reduction or dumping 7. Magnesium manufacture or processing 8. Paper or pulp manufacture 9. Petroleum or its products, refining or bulk tank storage 10. Smelting of tin, copper, zinc or iron ores, and other metals ll. Stockyards or slaughter of animals 12. Wrecking yards and junk yards, but only on the condition that the premises upon which such activities are conducted, area wholly enclosed within a building or by a wooden fence not less than eight (8) feet in height and in which the openings or cracks are less than fifteen (15) percent of the total area Height Regulations Same as District "LI" 85 28.03 Area Regulations 28.04 1. Size of Yards Front Yard: Where none of the frontage on either side of the street between two intersecting streets is located in a resi- dential or commercial district, no front yard is required. Where the frontage on one side of the street between two in- tersecting streets is located partly in District ,HI" and partly in an "SF" District, th~ front yard shall conform to the "SF" District regulations for a distance of not less than three hUndred (300) feet from the district boundary. Where the frontage on one side of a street is in a residential or commercial district, the front yard requirements of the pro- - perry directly opposite on the other side of the street shall be not less than fifty (50) feet. No parking, storage or similar use shall be allowed-in required front yards in District "HI" within twenty-five (25) feet of the street line. bo Side Yard: No side yard is re~uired, 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 commercial district. No parking, storage or similar use shall be allowed in re- quired front yards in District "HI" within twenty-five (25) feet of.the street line. Rear Yard: 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 rear street from a residential or commercial district. No parking, stor- age or simi'lar use shall be allowed in required side yards on District "HI" within twenty-five (25) feet of the property line. 2. Size of Lot No minimum lot area required in the "HI" District. 3. Lot Coyera~e No minimum coverage is required in the "HI" District. Parking and~Loadin~Regulations Off-street parking and loading spaces shall be provided in accordance with the requirements for use setforth in Section 32. 86 29,00 29.01 29.02 29.03 29.04 29.05 SECTION 29 "PD" PLANNED DEVELOPMENT DISTRICT REGULATIONS Purpose It is the intended purpose of this zoning district to provide for the uni- fied and coordinated development of parcels or tracts~of primarily vacant land. Certain freedOm of choice as to intended land use shall be permitted, provided that the special requirements wh'ich may apply are complied with and that the intended uses are not in conflict with the general purpose and in- tent of either this Ordinance or the Master Plan for the City. Use Regulations A building or premise in this zoning d'istrict may be used for any use allowed in any district contained in this Ordinance, except those uses specifically prohibited by this Ordinance, provided that it can be shOWn~that any and all uses shalq be in general conformance with the purpose and intent of the Master Plan of the City. Height, Lot,~ and Yard~Requirements The height, lot, and yard requirements shall conform to those requirements of the appropriate Sub-sections of this Ordinance for-' the appropriate in- tended use, except that modifications 'in these regulations may be granted if it shall be found that such modifications are in the public interest, are in harmony with the purposes of this Ordinance and will not adversely affect nearby properties. Area Requirements 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. ParkingRegulations Off-street parking spaces shall be provided in accordance with the require- ments for specific uses set forth in Section 32. Special Conditions The following special conditions shall apply to uses located in this zoning district: 1. A minimum land area of ten (10) acres shall be required before applica- tion for a Blanned Development will be approved. 87 m All requirements of the Subdivision Regulations of the City per- taining to procedure, plan, and design criteria among' other shall be complied with, except for height, lot, yard, and area require- ments as designated in Sub-Sections 29.02 and 29.03~of this Ordi- nance. In addition to the site plan, the owner shall provide such sket- ches, diagrams, and calculations 'necessary to determine whether the proposed ,develOpment conforms~with the provisions of-the dist- rict 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 a part of the amendment for the !'PD" District and shall form the basis for issuance of a build- ing permit on conformi~ty therewith. Property to be developed for non-residemtial purposes, other than public and semi-pu61ic uses, shall~be located upon a thoroughfare, except if it abuts property which is zoned for commercial or indus- trial purposes and~.which has major street frontage. A plan for development of-the property, showing adequate access to and from the majo~ street frontage~ or contiguous to an area to'be developed to commercial activities. Property to be developed for multiple-family residential and mobile home park purposes shall be'located~upon a major thoroughfare, or contiguous to an area zoned for commercial purposes and having major street frontage~ or contiguous to an~are~ to be developed to commercial~.activities. Commercial or industrial area separated by-an area of different type use shall not be closer than three hundred (300) 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 within a "PD" District, separated by a street~, alley or easement. An area proposed for commercial or industrial use shall not extend into the interior of an "Plan" a distance greater'than the major street frontage to be. devoted to such commercial or industrial use. Prior to'the issuance of a certificate of occupancy, a screening device, as defined in Sub-Section 3.74 of this Ordinance shall be built along that boundary' of the area proposed for commer- cial or industrial use which abuts property developed, zoned, or designated, for any type of-residential use and which is under a different ownership.; however, where land proposed on a "Plan" for commercial or industrial use 'extends more than three hundred (300) feet back from the major street, measured at right angles to the right-of-way line, and abuts property developed or zoned for any %ype of residential use under different ownership or if such land abuts other land in a "PD" District under different owner- ship, then the proposed commercial use so located may be approved only under the following condition: 88 That an area of at least one hundred.fifty~ (150)~ feet in widty be'provided in 'wh~Ch~no Struci~re~'other than the' screening device required above and necessary light devices, shall be permitted. This' area shall be measured between the boundary of the abutting, property described in the preceding paragraph and any intended structure and shall extend the ~-ntire depth of the commercial or indus,trial use area which is in excess of the three hundred (300) feet of depth allowed in the preceding paragraph. A paved parking area may be pro- vided within this 150 feet area; however, ','lighting standards or fixtures shall be regulated as prescribed in Sub-Section 29.05 (8). e Lighting devices in conjunction with commercial uses or parking lots shall not be operated so as to produce direct orreflected light or glare across abutting 'property lines. e Loud speakers and similar dewices in conjunction with commercial uses or parking lots shall not be operated so-as to direct sound across abutting property~ lines. 10. No portion of any multiple-family dwelling structure or permitted accessory use structure shall .be further than three hundred (300) feet from an accessible dedicated and accepted public street. 89 30. O0 30. O1 30.02 30.03 30.04 SECTION 30 "D-H" DESIGN-HISTORIC DISTRICT Purpose The purpose.of this district is to'provide for protection and enhance- ment of designated areas which 'have historical, architectural or cul- tural merit; to promote civic pride in a community whichis attrac- tive, as well as prosperous; to provide long-lasting beauty'and stable, real property values within the City of' Plainview; to insure the high- est quality of design and ~long-lasting values of structures and buildings; andto encoura§e attractive, coordinated design of build- ings and:structure within or adjacent to areas of-major public interest. GeneralProvisions The Design-Historic District shall-be an overlay district and shall be designated as a suffix, "D-H", to ex. isting designations in the Zoning Ordinance. Historic preservation, design standards, and buil- ding permit review'shall be added by "D-H" District designation. If any specific standard created in~'th.e "'~D-H" District-is in conflict with the existing zone, "D-H" will overrule. Permitted 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. Designatio~ The City Council may designate, upon recommendation by the Planning Board and Zoning Commissdon, certain'lots, portions of lots, blocks or areas as Design-Historic districts, and define, amend and delin- eate the boundaries thereof. The suffic "D-H" shall indicate the Zoning overlay designation of those lots, blocks and areas which the City Council has designated Design-Historic Districts. Such desig- nation shall be in addition to any other zoning district deSigna- tion 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 County Historical Commission. Delineation Policy In ~aking such designation, the City Council and Planning Board and Zoning Commission shall consider, but not-be limited to, one or more of the following: Character, interest, or value as part of the development, heri- tage or cultural characteristics of' the City of Plainview, West Texas Region, State of Texas, or the United States. 90 b. Location as the site of a ~significant hiStoric event. c. Identification with a person or persons-who significantly contri- buted to the -~ulture and development of 'the City, Region, State or~ the United States. d. Exemplification of the c'ul'tural, economic, social, ethnic or his- torical, herita§e of the City, Region, ~State or"the~United States. e. Portrayal of the environment of a'group of people in an era of history characterized'by a distinctive architectural style. f. Em,bodiment 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 inno- vation. i. Relationship to other distinctive~buildings (lots), sites, or areas which are eligible for preservation according to a plan based on architectural, historic, or~ cultural motif. j. Unique location of singular physical characteristics representing an established and familiar visual feature' of-a neighborhood, com- munity area, City or Region. k. Archaelogical value in that it has produced or canbe expected to produce date .affeCting theories of historic or prehistoric interest. 1. Value as an aspect of community sentiment or public pride. SPECI FI C REQUIREMENTS Any ordinance creating a "D-H" District; will carry the development stan- dards of the overlaid district' unless- amended by the City Council for the following: 30.05-1 30,05-2 30.05- 3 30.05- 4 30.05-5 30.05-6 30.05-7 30.05-8 30.05-9 Yard Requirements Lot Wi dth Lot Area Lot Coverage Floor/Area Ratio Height Limit Separation Off-Street Parking Landscaping Requirements 91 30.06 30.05-10 Building Material and Style 30.05-11 Si gns Exterior Alterations and Changes--Certificate of Appropriateness, Ordinary Repair-or Maintenance, ApPeal No person or entity shall construct, reconstruct, alter, change, re- store, remove or demolish any exteri'or architectural feature of a build- ing within a designated Design-Historic" District, unless' application be made to. the Planning Board and Zoning Commission for a certificate of appropriateness and such' a certificate' be- granted. As used in this article, the term "exterior archi'tectural feature" shall include, but not be limited to, archi'tecturat 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. a. Procedure When Building Permit: is Required When applying for a building permit for the exterior of a building within a Design-Historic District, the applicant shall submit two copies of all detailed plans, elevations, per- spectives, specifications and other documents pertaining to the work to the Building Inspector who shall forward such applica- 'tion'to' the Design-Hi storic Committee of the P1 anning Board and Zoning CommissiOn through'the Director of Planning within five (5) days of receipt therec~f. The "D-H" Committee shall make their- recommendations to the- PB&Z Commission-at their next regular.~meeting-. Any applicant may appear at a regular or special meeting of the Planning Board"-and Zoning Commis- sion or,the "D-H" Committee before'submitting an application and may consult .with said Commission during the review of the permit appl icati on. e The Planning Board and Zoning Commission shall hold a hearing on the application at the next regular meeting. Upon review of the'application, if the Planning Board.and Zoning Commis- sion finds the proposed work oi:~a nature which wilt not adver- sely affect any significant arc. hitectural or historical fea- ture of the designated "D-H" District and is appropriate and consistent With the spi'rit and purposes of this article, it shall forward its recommendations to the applicant and to the building official within five (15) days after the public hearing. 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 article, 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. 92 If no action has been taken by the Planning Board and Zoning Commission within thirty (30) days-:of original receipt by the Planning Board and Zoning Commission, approval shall be deemed issued-by .the Planning Board and Zoning Commission, and the building official shall so adivse the applicant. Be No change shall be made in-the application for any building permit after issuance of'a certificate' of appropriateness without resubmittal ·to the P1 arming Board and "Zoning Comm~s- sion and'approval thereof 'in the~same manner'as provided above. e After a decision is reached by"the Planning Board and Zoning Commission denying an. applicatiion 'for a cer~tificate of appro- priateness, a~resubmittal~of applqcation'-will not be accepted for additional-hearing wi~thin twelve (12) month period from the date of final decision,~- except upon written request by 'the applicant indicating that there has been a change in conditions or ~that al 1 changes in the- application as recommended by the Planning Board 'and Zoning Commission have been made. b. Procedure When Buildin~ Permit~is Not Required Those proposed exterior-changes and' alterations not requiring a building permit shall be submitted in writing directly to the Director of Planning for'a certificate of' appropriateness which .must be granted~'before such work can 'be undertaken. Applicant shall submit~ a copy of al 1 proposed alterations and changes-to the CommissiOn. The application must specifically describe the alteration or~ change proposed. Any applicant may appear at a regular or'special' meeting of the Planning Board and Zoning Commission or "D-H" 'Committee before submitting an application'.and may consult~with said Commission during the review of the application. The Planning Board and Zoning-Commission shall hold-a hearing of the next regular Planning Board and Zoning-meeting on the appliCation. Upon review of~.the application, 'if the Planning Board and Zoning Commission fi~ds the proposed w~rk of a na- ture which will not adversely affect any significant archi- tectural or historical feature ora designated historic land- mark and is appropriate~and consistent with'the spirit and purposes of this article, it shall forward its recommendation to the applicant' and Building I. nspector within five (5) days after the public hearing. 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 thie article, it shall notify the applicant within fi~e.~.(5) days of receipt of said application that the application has been disapproved and shall include in such notification the changes necessary to approval of the application. 93 30.07 If no action has been tak~en by the Planning Board and Zoning Commission within thi~rty"(30) days of the receipt of the apr~ plication, approval shall be deemed issued-by the Planning Board and Zoning Commission. No change shall be made in the application for'issuance of a certificate of appropriateness without resubmi~ttal to the Planning Board and Zoning Commission and approval" thereof in the same manner as provided above. After a decision is reached by the Planning Board and Zoning Commission denying an application for certii:'icate of appro- priateness, a resubmittal~ of application will not' be accepted for additional' he~ring within a twelve (12) month period from the date of final decision except upon wri~cten request'by the applicant, indicating that there has been a change in condi- tion or that all changes in the application as~'recommended by the Planning Board and Zoning Commission' have been made. c. Ordinary Repair or Maintenance Ordinary repair or maintenance'which does not involve changes in architectural and historical value, style or general design is exempt from-the provisions of this section. Any applicant or interested person aggrieved by~,a ruling of the ~PlanniT~ Board and Zoning Commission under the provisions of this section may~within ~thi'rty (30) days after the ruling appeal to the City Council. Historic Landmarks - Demolit~,on or~ Removal If an application is received for demolition or removal of a designated'ihistoric buil'ding or.landmark, the building official shall immediately forward the application' to the Planning Board and Zoning Commission. The Planning Board and Zoning Commission shall hold a public hearing on the application~within thirty (30) days after the application is initially'filed width the building official. The applicant shall be given ten (10) days written notice of the hearing. The Planning Board and Zoning Commission shall consider the stare'of repair~of the building; the reasonable- ness of the cost of restoration or repair~ the existing and/or po- tential usefulness, including economic usefulness of the building; the purposes behind' preserving the structure as a historic land- mark; the character of the neighborhood, and all other factors it finds appropriate, If the Planning Board and Zoning Commission determines that, in the interest of" preserving historical values, the structure should notbe demolished or removed, it shall no- tify the building official that the application' has been dis- approved; and the building'~official shall so advise 'the applicant. 94 30.08 be If no action has been taken by the Planning Board and Zoning Commis- sion within sixty (60) days of original receipt by,the Planning Board and Zoning Commission' of the application, a 'certificate of demolition or a certificate to p,e~lit removal shall be deemed issUed by the Planning Board and' 'Zoning Commission; and the building official shall so advise the applicant. After a decision is reached by the Planning Board and Zoning Com- mission denying an application for a certificate 'of demolition or a certificate of removal', a res~bmi'ttal of application for such a certificate will not be accepted for additional hearing within a twelve (12) months period from the 'da'te of final decision. de Any applicant aggrieved by a ruling of the Planning Board and Zoning Commission under.the pro¥isions of this section may within sixty (60) days after the ruling of the Planning Board ,and Zoning Commission appeal to the City Council. Following an 'appropriate public hearing within at least ~hirty (30) days of the filing of a notice of appeal with the City Clerk, the City Council may up- hold o~ overturn the ruling of the Planning Board and Zoning Com- mission by a simple majority vote. Historic Landmarks - Omission of Necessary Repairs a. The exterior of a designated hi.:;toric landmark shall be maintained to insure the structural soundness of such landmark. If the Building Inspector and/or the Planning Board and Zoning Commission finds that there are~reasonable grounds to believe that a designated historic landmark is structurally unsound or in imminent danger of becoming ~tructurally unsound, the Building Inspector shall notify in writingl the Owner of record of the de- signated historic landmark of s~ch.fact. Upon the giving of ten (10) day~written notice to'the owner of record of such designated historic landmark, the Building Code Beard of Appeals shall hold a p~bl'ic hearing to determine if 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 recommenda- tions from the Building InspectOr and Planning Board and Zoning Com- mission. The Planning Board andzoning commission's report may include evidence, of economic hardship-or~wiql~ul neglect. de At the conclusion of the hearing, if the Building Code Board of Appeals finds that the designated historic building is structur- ally unsound or in danger o~ be.~oming structurally unsound and that no valid' reason exists as ~o why the owner cannot or should not undertake to safeguard the structural soundness of the build- ing, it shall, in writing, notify the record owner of the finding. 95 ee The owner of' records of a designated historic landmark who has been notified~by the Building Code Board of Appeals that such land~ark is structurally ~unsound or in'dan§er of so becoming, shal~l within ninety (90) days of receipt of such notice satisfy -the Building Code Board of Appeals that"'reasonable necessary~repairs to safe- guard the structural soundness of the'landmark :have been' effected. If the Building Code Board of Appeals detemines'that the building is structUral~ly unsound but there"'are valid reasons why the owner cannot or should not undertake~tosafeguard~the structural sound- ness of t'~ recommend~ as to what Any appl i¢ Bui 1.ding ti on may, City Coun( e building, it shall foward to the City'Council its tion; wi'th the recommendation of the Landmark Commission, action, if any, should be taken on the structure. ant~or interested person aggrieved ~by~a. ruling of the ode Beard of Appea'ls undE!r'the provisions of this sec- within thirty (30) days after the ruling,'~appeal to the il. 96 SECTION 31 SPECIFIC USE PERMITS 31. O0 30. O1 The City council, by an .affirmative vote may, 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 confor- mance with the Master Plan of the'~City~and containing such requirements and safe guards as-are necessary ~to protect~ adjoining property, autho- rize a Specific Use Permit. Application shall be accompanied by a site pl an drawn ~ to scal e~and showing the genera 1' arrangement' of' the project, together with essential~ requirements such as' off-street parking faci 1- ities; size, height; construction materi~als, and locations of buildings and the uses to'be permitted; location' and cOnstruction' of'signs; means of ingress' and-egress to publ~ic streets; the type of-vi~sual screening such as wells, plantings, and fences; and the-relations-hip of the in- tended use'to alt existing properties and land uses i~n'all directions to a minimum distance of two hundred (200) feet. Specific Use Permit Regulations In recommending that a Specific Use Permit for 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 propertyand other proper- ty 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 parking, protective screening and open space, heights of structures and compatability of building. Every Specific Use Permit granted under these provisions shall be considered as an amendment to 'the ?.oning Ordinance as applicable to such property'under-consideration, but shall not be considered as a permanent change in zoning. In' the event the bui'lding, pre- mise, or land.uses under' the Specific Use Permi~t is voluntarily vacated or if the ownership is voluntarily transferned, or if such building, premise, or land is mOre'than fifty (50) percent destroyed by fire or other cause, the use of the same shall there- after conform to the regulations ~of the original zoning district of such property unless a new and separate Specific Use Permit is granted for continuation of the use. In granting a Specific Use Permit, the City Council may impose ~ conditions which shall be complied with bythe owner or grantee before a certificate of occupancy may be issued by' the building inspector for~ use of the building on such property pursuant to such Specific Use Permit; and such conditions precedent to the granting of a Specific Use Permit, but shall be construed as conditions precedent to the granting of the certificate of occu- pancy. 97 31.02 No Specific Use Permit shall be and~grantee of the Specific-Use and agree to be bound~byand com' of the Special Use Permit, as at (or drawings) andapproved by'th e.. A building permit shall be appli ~ranted unlss the applicant, owner, ermit shal~ be willin§ to accept )ly~with the' writtenrequirements :ached to~ the s~te plan drawing Planning Commission. d for rand secured'.wi'thin six (6) _ months from the time of granting the Specif~cUse Permit, provided, however, that the City Council niay authorize an e×tension of this time upon recommendation by~ the Planning and Zoning-Commission. No,building, premise, or land used~under a'Specific ~Use Permit may be enlarged, modified, 'structurally al~tered, or otherwise significantly changed unqess a separate Specific Use Permit is granted ~for ~such enlargement~, m'odi ficatiOn, s~tructur~.l al ternation or change. The Board of Adjustment shall not have jurisdiction to hear, re- view, reverse or modi~fy'any decision, determination or ruling with respect to the.granting, extension, revocation, modification or. any other action 'taken~relating to such'Specific Use Permit. When~the City Council authorizes granting of'a Specific Use Per- mit, the Zoning Map shall be amended according to its legend to indicate that the affected area has-condition and~'limited uses, said amendment to indicate ~the appropriate ~zoning -district for the approved u~e and suffi~ed by a "-S" designation. Speci fi c Uses Re~u-iri n~ Permi ts a. A Specific Use Permit shall be required before the following spe- cific uses can be permitted in the district or districts indicated: SPEC IFIC.:USE DISTRICT Cemetery or mausoleum City, County, State and Federal governmentgarage, maintenance shop or similar government establishment City, fire and police station Club or lodge (serving alcoholic beverages) Concessions stand wi:thin a park, playground or playfield Earth-moving and excavation, deposi- ting of construction materials, cl~, earth, gravel, mineral rock, sand or stone on the ground Any SF, TF, MF or TH Any SF-, TF, MF or TH Any S'F, TF, MF or TH Any SF, TF, MF or TH Any S F, TF, MF or TH In any District 98 Electrical substati on Gas compressor or regulator station Golf course, but not including com-- mercial golf games or amusements Instituti on, correctional ~letention, penal or for use of insane, feebl~ minded, alcoholic and ~narcotic pati en ts Institution -for children- or aged; non- profit Mining, including exploration for or production'of gas or oil; extr, tion of clay, gravel~or sand; qua of rock or stone Parks, playgrounds, community bui and ot~er public recreational fac, ties, owned and/or operated by th ~unicipality or other public agen Public library or museum Radio or television broadcasting transmitter or tower~, microwave rel ay 'tower Sanitorium on a site of l0 acres or more School nur,sery, kindergarten or d, care for children Schools, private, with full curri lum accredited by the State of Te~ equivalent to that of a public el~ mentary or'secondary school Shopping center on a site of 5 acres or more -rying Idings 11 i- '.U- (as Telephone exchange but not including garage shop or service Water reservoirs, pumping plants and towers Any SF, TF, MF or TH Any SF, TF, MF or TH Any SF Any SF, TF, MF or TH Any SF, TF, MF or TH In any District Any'SF, TF, MF or TH Any SF, TF, MF or TH In any District Any SF Any SF, TF, MF or TH Any SF, TF, MF or TH Any SF, TF, MF or TH Any SF, TF, MF or TH Any District 99 32. O0 32. O1 SECTION 32 OFF-STREET PARKING AND -LOADING REQUIREMENTS Off-streetparking shall be'~provided on'the lot or tract' or on an imme- diately contiguous lot or tract sufficient to provide the following ratio of vehicle spaces for the uses specified in the districts desig- nated. Parking Requirements BaSedon Use In all districts there shal! be provided at the time-any building or structure~is'erected~or structuraltyaltered (except as provided in Sub-Section 28..02), off-'street Parking spaces'in accordance'with the following requirements: a. Bowling alley: Six (6). pa~king spaces for each alley. Business or professional .office, studio, bank, medical or dental clinic:" Three (3) parking spaces plus one (1) additional parking space for each twovhundred (200) square feet of floor area over five hundred (500) feet. c. Church or-other place of worship: One (1) parking space for each four (4) seatsin the~main auditoriium. Community center, library, museum or art gallery: Ten (10) park- ing spaces plus one(t) 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 buil- ding, its floor area shall be deducted from the total and addi- tional parking provided on the basis of one (1) space for each four (4) seats that-it contains. Dance hall, assembly or exhibi, tion hall without fixed seats: One ~ parking space for each one hundred (100) square 'feet of floor area used thereof. Dwellings, single-familylattached or detached: Two (2) parking spaces fOr each dwelling unit. _Dwellings, Multi-familj/:! One (1) parking space for each dwelling ~nit p'lus one-half (i~2)',space for each individual bedroom in all dwel 1 i ng un i ts. Fraternity,. sorority.or ~ormitory: One (1) parking space for each two ~) beds. i. Furniture or appliance-store, hardware store, wholes-ale establish- men~s, machinery or.equipment sales andservice, clothing or shoe ~ ~r service: Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand(1,O00). 100 ke pe Vo One (1) space per employee On the largest shift plus pace' for'each'Ded:, ' Hotel: One (l) park-ing space for (.,ach two (2) sleeping rooms or suites plus' one (1) space for each two hundred (200).square feet of commercial floor area conti"aned the~.ein. Manufacturing or i ndustri al: establ'ii shment, research- or testing laboratorj/,-.'creamery, bottl~ing plant; warehouse,-'printing or pl~mbi, ng shop:.or simi:lar establishment: One (1) parking space for each employee on the maximum working shift, plus space to accomodate all trucks and other vehicles used in connection there- with, but not less than one (1) parking space for each one thousand (1,000) square feet of floor area. Mobile ..Home Park: As detailed in the Mobile Home Ordinance No. 70- 1078. Mortuary or funeral home: One (1) parking space for,each fifty (50) square feet off'loon space in slumber rooms, parlors, or individual funeral service rooms. Motel: One (1) park~ing space .for-each sleeping room or suite, plus one'(l) space ~for each two hundred (200) square feet of com- mercial fl oor area -contai ned' therein. Motor-vehicle salesrooms :and.used (:ar lots: One (1) parking space for 'each five hundred~(500) square feet of sales floor for indoor uses, or one (t) parkq, ng space for each one thousand (1,000) square feet of lot area for outdoor' uses· Private club, lodge, country, club:or ~)'olf club: -One (1) parking s~ace for each one hundred'~fifty' (150) square-feet of floor area or for every five (5) members, whichever is greater. eta.~l store or personal .serv~ce'.establ~shment, except as other- wise'; speci~f:ied 'herein: One (1) parking' space for ~ach one hun- dred (100) square feet of floor area. ResCaurant, night club, cafe or similar recreation or amusement establishment: One (1)'p'arking space for each one'hundred (100) square feet .of' floor area. Room~n_Q$ or boarding house: One (1).parking space for each two ~l-~']eeping rooms. Sanitarium, convalescent home, home for the aged or similar in- stituti-on: One (1)parking space for each~'si'x (6) beds. School, elementarj/: One (1) parking space for each five (5) seats in the auditorium or mai,g assembly room or one (1) space for each classroom plus six (6) spaces, 'whichever is greater.. School, secondars, and college: One (1) parking space for each four ~-4) seats in the main audi'torium or eight (8) spaces for each classroom, whichever is greater. 101 32.02 32.03 Theater, audi~tor'i um (except .school ), sports ~arena, ~stadi um or gymnasium:' One~(1) parking space for each four (4)' seats or bench "seating spaces. y. Golf. Course: Three (3) parking spaces per hole. Rules for Computing~NUmbem'of~Par~in~ Spaces a. "Floor Area" ' shall mean the gross floor area of~the~specific use. b. Where fractional spaces result;-the parking spaces required shall be construed to"be the nearest whole number. c. The parking space requirements-for a use not specifically'mentioned herein shall be the same as requi~red for-a use of similar nature. de Whenew.~r a building or..use constructed or established after the effectiVe date of-this' Ordinance is changed or enlarged in fl oor area, number of employees, number'of~dwelling units, Seating capacity or otherwise, to~create-"a~need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or~use existing prior to the effec- tive date of this Ordinance is enlarged to the extent of fifty (50) percent or more in floor ~area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. e. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of~the various uses computed separately. Location of Parking-Spaces All parking spaces required herein shall be located on-the same lot with the building or use served except-a.s follows: Where an increase.in the number of spaces is required by ~a change or enlargement~ of 'use or where such spaces are provided collect- iverly or used joi~ntly by two (2) or more buildings or establish- ments, the required spaces~ may be located not to~ exceed three hundred (300) feet~from an-institutional building served and not to exceed five~hundred (500) feet from any 'other non-residential buildin§ served. Not more ~than fifty (50)percent~ of the parking spaces required for ~1/ theaters, bowling alleys, dancehalls, night clubs, cafes, or similar uses, ~and not more than eighty (80) percent of the parking spaces required-for a church~ or school auditor- ium or similar uses may be provided and used jointly by /2/ similar uses not normally open~ ~used or 'operated dur~ing the same hours as those listed in /1/; provided, however, that written a§reement~thereto is properly executed' and filed as specified below. 102 32.04 32.05 In any case where the required parking spaces are not located on the same lot with the building or use served, or Where such spaces are collectively or jointly provided and used, a written agreement there- by assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City andexecuted-by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit. Minimum Dimensions for Off-Street Parking Ninety (90)De~ree'-Angle Parking: Each parking~space shall be not 'less than eight (8) feet wide nor less than-eighteen (18) feet in 'length. Maneuvering space shall be in addition to parking space'and shall be not less than' twenty-four (.24) feet perpendicular to the bui~lding or parking line. Sixty (60) Degree.Angl~e Parkin§:. Each parking space shall be not less than eight-(8) feetwide nor perpendicular to the parking angle nor'~less than~seventeen (17)' feet in length when measured at right angles to the building'or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty (20) feet perpendicular to the~ building or parking line. ~-five~(45)~Deg~ree .Angle Parking: Each parking space shall be not-less than eight~(8) feet~wi~de ~perpendicular to the parking angle nor less than sixteen' (16) feet in length when measured at right angles to'the building or parkin§ line. Maneuvering space shall be additional ~to-park,ing space-and.shall be not less than eighteen (18) feet perpendicular to the building or parking line. When off-street Parking facilities are located adjacent to a pub- lic alley, the width of said alley may be assumed to be a portion of the'maneuvering space requirement.~ Where off-street parking facilities are provided but not required by' 'this Ordinance, said off-street parking facilities shall comply with the minimum re- quirements for parking and maneuvering space herein specified. Off-Street Loading Space Every building or part~thereof erected or-occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarlyinvol~ing the receipt or-distribution by vehicles of materials or'merchandise, shall pmovide and'maintain on the same premises loading space in accordance with'~thefollowing requirements: ae In Districts "LI" and "HIL, one (1) loading space for each ten thousand (10,000) feet, or fraction thereof, of floor area in the building. 103 In Districts CRS, CNS, CRD and CGB, one (1) loading space for the first five thousand (5,000) to fifteen thousand ('15,000) square feet of floor area in the building and one additional loading space for each fifteen thousand (151,000) square feet or fraction thereof, of floor area in ex square feet. Each required loading space: for loading spaces under Sec' 10 '.ess of fifteen thousand (15,000) hall have a minimum size as described ~ion 3 definitions. 33. O0 33.01 33.02 SECTION 33 HEIGHT AND AREA REGULATIONS Except.' as i~ereinafter provided, no building or structure or part there- of 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 herein specified-for lot width, lot depth, dwelling unit area, lot coverage, and front, side~ and rear yards. Height ae The height regulations prescribed herein shall nog apply to tele- vision and radio towers, church spires, belfries, monUments, tanks, water and fire-towers, stage towers.' or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bul k- heads, smokestacks, conveyors, flag poles, electric display signs and necessary mechanical appurtenances. Public or semi-public service buildings, hospitals, institutions or schools, where-permitted, may be~.erected to a height not ex- ceeding sixty (60) feet and churches and other places of worship may be erec,ted'~to a height not exceeding seventy-five (75) feet when each of the required yards are increased by one (1) foot for each foot of additional building height above the height regula- tions for the district in which the building located. No structure maybe erected to a height in excess of that permit- ted by the regulations of such airfield zoning ordinance as may exist at the time and whose regulations apply to the area in which the structure is being erected. Front Yards ae Where twenty-fiYe (25) percent or more of the frontage upon. the same side of a street between two intersecting streets is occu- pied or partially occupied'by a building or buildings with front yards of less depth than required by this Ordinance, or where the configuration'of'the ground is such.that conformitywith the front yard provisions of this Ordinance would work a hardship, the Board of Adjustment may permit modifications of the front yard req u i remen t. be In any "SF" or "MF" District where twenty-five (25) percent or more of the frontage upon the same side of a street between inter- secting streets is occupied or partially occuped by-a building or buildings having front yards of greater depth than is required by this Ordinance, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a'front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment. 105 33.03 33.04 In any district, no fence, structure, or plant higher than two and one-half (2½) feet above the established street grades, nor any tree with foliage extending below eight (8)feet above the established street grades, shal:l be-maintained within the re- quired front yard. de Open and unenclosed terraces or porches and eave and roof ex- tensions may project into 'the required front yard :~for a!distance not to exceed four (4) feet; provided, however, that no supporting structure for such extensions may be located~ within .-the required front yard. An unenclosed canopy-for a gasoline filling'station may extend'beyond the building linE; but shall never be closer to the propertY line than twelve (12) feet. The building line of .a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as being the curb of .a walk or driveway or as--the front of a canopy of 'the column supporting same. Side Yards Be On a corner lot the width of the yard along the side s,treet shall not be less than any required front yard on-the same side of such street between intersecting streets, provided, however, that the buildable width of a lot of record shall not be reduced to less than thirty (30) feet. b. No accessory building shall project beyond a required yard line along any street. c. For the purpose of side yard regulations, an attached~dwelling or multi-family dwelling shall be considered as one building occupying one lot. Where a lot of record at the time of the effective date of this Ordinance is less than fifty (50) feet i,n width, the required side yard may"~be"reduced to provide a minimum ~buildable width of thirty (30) feet, provided, however, that no side yard shall be less than five (5) feet. ee The area required.,in a yard shall be open to the sky, unobstruc- ted, except for the ordinary projections of window sills, belt courses, cornices ~ or ~other ornamental features. A roof overhan§, an open fire escape or'an outside stairway may project not more than three (3) feet into a required side yard, but no closer'~'than three (3) feet 'to a property line. Rear Yards An accessory building not exceeding twenty (20) feet in height may occupy,~ n~t to exceed-twem~y-fSve (25) pe~'~6~.t~and unenclosed '~ spaces may occupy,~.~notYtO~exceedr, eSgb.tY?(80)~p~rcent, of the area of a requi red ~rear.yard but no'-accessory buil ding ~shal 1 be closer than twenty (20) feet to .the'main building nor closer than five (5) feet to any rear or ~side lot. 106' The lawful use of land existing upon the effective date of this Ordinance, although such use does not conform to'~the provisions hereof, may be continued, subject'to the provisions hereof. The lawful use of a building existing upon-,the effective date of this Ordinance'may be continued, although such use does not conform to the provisions hereof. ~'Such use may be extended throughout such portions of'the'buildings ~as are arranged'or desi§ned for such use, provided no structural al~terations, except those ~required~by law or ordinance, are made therein. If no structural alterations are made, a nonconforming~ use ~of a building may be changed to another~noncon, forming use of the same or more-restricted classification. If such nonconforming~building is.voluntarily discontinued for a period of six (6) months, the use of the same shall thereafter conform to the provisions of the~district in Which it is located. 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 district in which it is located shall not"be construed to be nonconforming. A nonconforming use, 'if changed to a conforming use or a more re- stricting nonconforming~.~use,-may not thereafter be changed back to a less restricted' use'than tha~ to which it'was changed. If, by amendment to this Ordinance, any property is hereafter trans- ferred to a more-~restri,cted disltrict b~!.a change in the di,str~ict boundaries,, or the regulations and restrictions in any district are made more restrictive or'~of a higher, classification, the provisions of this Ordinance relating to,~h,e nonconforming use of buildings or premises existing 'upon the e~f~tive dat-e of'this Ordinance shall apply to building or premises ~ccupied or' used upon the effective date of such ~am~ndment. i Repairs and alternations may be nade 'to a nonconforming building, prOvided that no structural alterations or extensions shall be made except those required by law or' to a conforming use. A nonconforming use shall not be solescense or total destriction of partial destruction by fire ~ (50) percent of its va~lue, the B for reconstruction. If destruct of its value, the Board of Adj~ replacement after-public hearin~ perry right of the persons affec public welfare and the character nated nonconforming use and thell }rdinance, unless the building changed extended or rebuilt in case of ob- ey fire or other causes. In the case , other causes not exceeding fifty ~ilding Official shall issue a permit on is greater 'than fifty (50) percent ~ent may grant a permit for repair or and hav~ng~due regard for the pro- ;ed when considered in-the light of of the areas.~surroundi-ng the desig- )urposes of this 'Ordinance. 34.. O1 34.02 SECTION 34 ENFORCEMENT ANDAPPLICATION Admi nistra,ibive Of fi ci al The provision of this Ordinance shall be administered and. enforced by the Building Official. The Building Official or any duly authorized person shall have the right to enter.upon any' premises 'at any reasonable time for the pur- pose of making inspections of buildings or premises'necessary to carry out his duties in the enforcement of this Ordinance. Whenever any construction work is being done contrary to the pro- visions of this Ordinance, the Building Official may order the work stopped by notiCe in writing served on the owner or~'~contractor doing or causing such. work to be done, any any such persons shall forthwith stop such work until authorized by the Building Official to proceed wi th the work. Requirements for Build.in§ Permit All applications for building permits shall be accompanied by accurate plot plans~ submitted in duplicate, drawn to scale, showing: 1. The actual shape and dimensions, of the lot to be built 2. The exact sizes and locations on the lot of the building and accessory buildings then existing. 3. The lines within which the proposed[ building and structure shall be erected oraltered. 4. The existing and intended use of each building or part of building. 5. The number of families or dwelling units the building is designed to accomodate. Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforce- ment of this Ordinance. One copy of such plot plans will be returned to the owner.when such plans have been approved. An inspection of as long as two'weeks may be required for inspection of plans before a permit is issued. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor or-be based on a subdivision plat pro- perly approved by and~filed with the City, and the lot shall be staked out on the ground before construction is started~ 108 34.03 Existing Permits and Priva~te ~Agreemeni~i 34.04 34.05 34.06 This Ordinance-is not intended-to abrogate'or annul: 1. Any permits issued before the effective date of. this Ordinance. 2. Any easement covenant or any other private~ agreement. Pres ervi,n~ Ri~hts ~ in- Pending.- E.i ti~ at~i on ~ and .Vi otations, Under -Exi sting Ordinances By the Passage of this Ordinance, no presently illegal-use shall be deemed to have been.legalized, unless specifically such use falls within' a use district where the actual use is a conforming use. Otherwis~e, such 'uses s'hal 1 remain nonconforming ~ uses 'where recogni zed, or an illegal use, as the case may be. I~t-is further~intent and de- clared purpose of' this Ordinance that no offense committed and no liability, penalty'or'forfeiture, either civil or.criminal, shall be discharged .or affected by ado pti On ~ of this Ordinance;" but prosecutions and suits for such' offenses, li abili ties, penalties or forfeitures may be instituted or .causes presently pending be proceeded within all respects'as if such prior.Ordinance-had'not been repealed. Comp1 etion .of ~Au~thori zed Bui 1 dings Nothing in' thes~e, regulations nor in any'amendments hereto which change district boundaries shall require any change in 'the plans, construction or designated'use of~a bui~lding which shall be .completed in its en- tirety within two (2) years from the.date of the passage of-.this Ordi- nance, provided such building was auth~)rized by building~permit before the passage of this Ordinance ~and further provided construction shall have startedWithin ninety'~(90) days of-the passage of' this Ordinance. Commitments with.reference to construction, of public utility buildings necessary-for propos~ed-expansion of the Ci'ty-made prior to-the passage of this Ordinance shall be observed. Newl), 'Annexed Areas a. ~onin§ Annexed Areas All territory annexed to the City hereinafter.shall be tempor- arily classified as District "AO" Agricultural-Open Space, only until permanently zoned by the Ci~ Council. b. Permits in Temporars Zoned Areas In an area temporarily classified as District '"AO", Agricultural- Open Space, no permit ~for the ~construction of'a building or use of land other than ~types of buildings or land .use allowed in said district under this Zoning Ordinance shall be issued by the Building Inspector until 'such permit has been ~specifically autho- rized by the City Council after receipt of recommendation from the Planning Commission. Permits for the construction of buildings in a newly annexed-territory prior to permanent zoning may be authorized under' the following conditions. An application for any use'shall be made to the Building Inspector, said application to 109 show tl~e use contemplated, and a plat showing the size and type of buildings to'be constructed; and if'such application is for other than a building allowed in District~"AO'', Agricul.tural-Open Space, it shall be referred to-the Planning Commission for recommendation to the City' Council, ~which shall grant or deny the permit; provided that a favorable vote of a~three-foUr~ths (3/4) majority of all mem- bers of the City Council.shall be required of the recommendations of the Planning Commission is not-followed. c. ~Unplatted--Property The Planning Commission shall not approve any plat or'any subdi- vision within the city limits until the area covered by the pro- posed plat shall have been-permanently zoned'~by.the City Council, except that a plat 'or subdivision in conformance with the recom- mended zoning~may be approved by the Planning ~Commission concur- rently with the recommendation'for zoning and'sent'together to the City Counci 1. 110 35.00 35~01 SECTION 35 BOARD OF ADJUSTMENT The word "Board", when used in this Ordinance, shall be construed to mean the Board of ~Adjustment. Organization and Procedure a. Establishment A Board of Adjustment is hereby reestablished in accordance with the provisions of Article lOllg, Revised Civil Statutes of Texas, regarding the zoning of cities and with the powers and duties as provided 'in said Statutes. b. Membership The Board shall consist of five (5]) citizens, each to be appointed or re-appointed by the City Council, for staggered terms of three (3) years respectively. Each mem~.~r of the Board shall be remov- able for just cause by City Council upon written charged and af- ter public hearings. Vacancies shall be filled by the City Coun- cil for the unexpired term of any member whose term becomes vacant. The Board shall elect'its own chairman, who shall serve for a per- iod of one (1) year or until his successor is elected. c. Meetings Meetings of the Board shall be held at the call of the Chairman and at such times as the Board may determine. d. Hearings The hearings of the Board of Adjustment shall be public; however, the Board may go into executive session for discussion, but not for a vote on any case before it. The Board shall hear the inter- vention 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 building permit is pending, and shall also hear any other par- ties in interest. All hearings are to be heard by at least four (4) members of the Board. e. 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 examin- ations and other official actions, all of which shall be imme- diately filed in the office of the Board and shall be public re- cord. The Board of Adjustment 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 fur- 111 nish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shalll'be'in accordance therewith. 35.02 Appeals a. Procedure Appeals may be taken to and before the Board of Adjustment 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 there- of. The office or .departmept from which'-the'appeal is taken shall forthwith transmit to"the BOard of Adjustment all of the papers constituting the record upon which the'action appealed from was taken. b. St~ of Proceedings An appeal shall stay all pF appealed from unless the-Bu Board of Adjustment that by stay-would-, in his opinion, perry, in which case procee than by~a restraining order Adjustment or by a ~court of from whom 'the appeal is ~tak. c. Notice of Hearing on Appeal The Board shall fix a reaso or other matter referred to hearing to the~petitioner a within two'hundred (200) fe of the lot or-portion there and to all other persons de there~, such owners and pe curre~nt tax rolls of~theCi the mail shall'be deemed .su d. Decision by-Board The Board~shall decide.the the hearing, an~ par-tymay ney. The Board may reverse modify theorder,'requireme in its'opinion ought to be~ shall have all powers of th appeal is taken. )ceedings in-furtherance of the action ilding l[nspector shall certify to the reason of facts-in the certificate, a '.cause i~inent periq to life or pro- ~ings shall not' be stayed otherwise which may be granted by.the Board of equity, after notice~tO the office ~~-n and on due cause shown. ~able time. for the hearing of the appeal it, and shall mail notices of such id to the owners of property lying .~, less street 'frontage, of any point )f' on which a vari~a~tion is desired, .~med by the Board to be affected rsons being ~determined'~according to the ~Y depositing of such'written notice in ~fi' ci en t compti an ce therewi th. appeal within a reasonable time. Upon ~p~pear in person or by agent or attor- or affirm"whol-ly or partly or may ~ts, decision, or determination as nade in the'premises, and to that end, officer or department from whom the 35.03 Powers. and Dut~ies of Board a. _Subpoena'Witnesses, Etc. The Board shall have the power to subpoena witnesses, administer oaths, and punish for contemp~t, and may require the production of d(~uments~ under such regulations as itmay establish. b. Appeals Based~on .Error The Board shall have the power to hear and decide appeals where it is alleged there is error of law in anyorder, requirements, decision~or determination made by the Building Inspector in the enforcement of-this Ordinance. c. Special Exceptions The Board shall'have the power to hear and decide special excep- tions to the terms of this Ordinance upon which the Board is re- quired to pass as followsor Elsewhere in' this Ordinance: Permit the erection and use of a building or the use of premises for railroads if such uses are in general confor- mance with the'Master Plan and present no conflict or nui- sance to adjacent properti.es. To permit-a public utility or public servi'ce or structure in any district, or 'a public utility or public service building of a ground area andof a height at variance with those pro- vided'for in the district, in which such public utility or public service building is permitted to be located, when found reasonably necessary'for the public health, convenience, safety or general welfare. e To 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 l'ot ip a single ownership on the effective date of this Ordinance. e Permit the reconstruction of a ~onconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of'more than fifty (50)-percent of its fair market value, where the Board finds some compelling neces- s~ity requiring a continuance of the nonconforming use and pri- mary purposes o~f continuing theLnonConforming use is not to conti'nue a monopoly. Waive or reduce the parking and loading requirements in any of the districts, whenever the ~haracter Or-use of-the building is such as to make-~unnecessary-~he full provision of parking or loading facilities, or where such regulations would im- pose an'unreasonable hardship u~on the use of-the lot, as con trasted with merely, granting an advantage or a convenience. ll3 35.04 35.05 Shall rule on all applications on siting of mobile homes in districts not so zoned~ Approval' shall only' be allowed in cases of extreme' hardshi~ under such gui~delines~'as s~hall be establis~hed -by this Board ndustry should be permitted within To detemine whether an i District "LI"~ Light Indt Industrial, because of th ated'and because of its zoning distri cts. 8. To determine in cases of any use not specifically Vari an ces The Board shall have the power.-tG cases such variance from the tern contrary to the public'interest, a literal enforcement of the pro~ in unnecessary hardship~ and so i shall be observed and substantial Permit a.variance in the yarc there are ~unusual and practic ships 'in the carrying .out of shape of the lot, topographic such variance witl not~serio~ the genera! welfare. Authorize, upon appeal,~ when~ a strict application of' the'l the construction or alterati¢ impose upon him unusual and ~ lar halrdship, such variances the terms of this Ordinance a eral purpose.' and intent,' but that granting of such variati venience to the applicant~ bt and unusual hardship' or diffi i ance from the comprehensive nance and at the.same time, properly protected. Changers ~he Board shall have no~authorit Ordinance '.and- i.~ j uri sdi cti on i s line cases which may arise-from'i change the district- designation restri cti ve zone. ll striall, and Dis.tri'ct.~"HI'', Heavy e methods by which it would'be oper- ffect upon uses within .surrounding uncertainty the classification of named~in ~this Ordinance. authorize upon appeal in specific s of thi~.s Ordinance'~as'will not be where,, owing to special Conditions, isions of thais Ordinan~ce will result hat the spirit of this Ordinance justice done, including the following: requiirements of any district where al difficulties or unnecessary hard- these provisions due to an irregular al or other conditions, provided sly.affect any-adjoining property or ver a property owner can show that erms of this~ Ordinance relating to ns of buildings or structures will ractical difficulties or particu- from the strict application of s are in harmony with its own gen- only when the Board is satisfied on wiql not merely serve as a con- t will[ alleviate some demonstrable culty so great as to warrant a var- plan'as establihsed by this Ordi- he surrounding property will be to change any provisions of this 1 imited to 'hardshi p and- border- ime to time.' T'he Board may not f any land either to a more or less 36.01 36.02 36.03 36.04 SECTION 36 CERT I F I CAFFES 0 F OCCUPANCY Certi fi cate, of~ Occupancj/' May Be. Required for An,)/ of-the Fell owing a. Occupancy and use of'a building hereafter erected.or structurally al tered; b. Change in use of an existing building to a use of a different classification. c. Oc'cupancy and use of vacant land, except agricultural use. d. Change in the use of land to a use of a different classification. e. Any change in the use of a nonconfoming use. No such occupancy, use or change of use, may take place until a Cer- tificate of' Occupancy therefore may have been issued by the Inspec- tor of Buildings. Procedure 'For. New.or .Al tered Bu.i 1 dings Written-application for a Certificate of Occupancy for a new building or for' an existing building which is to be altered may be made at the same time' as the application for'the Building Permit for such building. Said Certificate shall be issued within three' (3) days after a written request'for the-' same ~has been made to said Building Inspector or his agent after the erection or alteration of such building or part there- 'of has been completed in-conformity with the provisions of this Ordi- nance. Procedure for .Vacant Land er..a,Change in Use Written application for a Certificate of Occupancy for the use of vacant land, or for-a change in the use of land or a beilding, or for a change in a nonconforming use, as herein provided,- may be made to said Building Inspector. If the proposed use is-~-in confor- mity with-the provisions of this Ordin~-~nce, the Certificate'of Occu- pancy therefore may be issued within three (3) days after the appli- cation for ~ame~ has'~been made. Contents Every Certificate of Occupancy shall state that the building or the proposed use"of a building or l~and complies with all' provisions of law. A record'of all Certificates of Occupancy. shall be kept in file in the office of the Building Inspector or his agent and copies shall be furnished .on request to any other person having proprietory or tenancy interest in the building or land affected. 115 36.05 36.06 Temporary. Certi fi cate Pending the issuance of'-a regular certificate, a temporary Certificate of Occupancy may-be-issued' by the'Building InspectOr-for a period not exceeding~six (6) months, during~the completion of al~terations or during partial occupancy of a building pending its completion. Such tempora.my certificates~shall not be construed as in any,way altering the respective rights, duties or obligations, of the owners or of the City relating to' the use or occupancy of the premises or any other matter covered,',by this Ordinance. Certificate for Nonconforming Uses A Certificate of-Occupancy may beI required for all lawful nonconform- ing uses of land or buildings .created by adoption-of this Ordinance. Application .for.such Certificate of' Occupancy 'for .' a nonconforming use shall Im filed'with the Buildiing Inspector by the owner or lessee of the building or land occupied~by such nonconforming use within one (1) year' of the effective date of this Ordinance. It shall be the duty of 'the Buildingr Inspector to issuE: a Certificate of Occupancy for a lawful: nonconforming use, but failure to apply .for such Cer- tificate of Occupancy for a nonco, nformiing use shall be evidence that said nonconforming use was ei. the~ illegal or'did not lawfully exist at the effective date ,of this OrdinancE:. 116 SECTION 37 COMPLETION OF BUILDING UNBER.CONSTRUCTION Nothing herein contained shall require any change .in the plans, con- structio~n or designated-use of at the-time of the passage o~: t be completed within one (1) yea this Ordinance. building actually under construction his Ordinance and which building shall from the date of the passage of 7 SECTION 38 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, certi fi- cates of zoning'compliance, appeals, and other matters pertaining to this Ordinance. The Schedule below 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 paid in full, nor shall any action be taken on-proceedings before the Board of Adjustment unless or until preliminary charges and fees have been 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. For docketing an application for relief with the Board of Adjustment of the City of Plainview, 118 39. O0 39.01 39.02 39.03 39.04 SECTION 39 AMENDMENTS - SEE AMENDMENTS 'FO SECTION 39 ALSO Under the provisions of Article lO11, the City Council may from time to time amend, supplement or change by Ordinance the boundaries of the dis- tricts or the regulations herein-established. Submissio_nto Plannin~ Commission Before taking any action on any proposed amendment, supplement or change in the Ordinance, the'City Council shall submit'-the~propOsed revision to the Planning and Zoning Commission for its review, recommendation and report. Publ i c. Hearing A public hearing-shall be held by the City Council before adopting any proposed amendment, supplement, or change~to the'Ordinance. Notice of such-hearing shall~be given by publication one (1) time in a newspaper of §eneral circulation~in the City, stating the time and place of such hearing., which time shall not'be earlier than fifteen (15) days from the .first date of publication. In Case~ of Protest In the case that such amendment, supplement or change has been dis- approved by'the Planning-and Zoning Cm~ission, or in case of a pro- test signed by the owners of twenty (20)proposed change, or of those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom, or off'those directly opposite thereto extending two hundred (200) feet from the.street frontage of such opposite lots, or of those immediately adjacent on either side of the area of said lots extending two hundred (200) feet therefrom, such change shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the City Commission. Limitation on Re-Submission of Petition No amendment, supplement; change or repeal of any section of this Ordinance which has been' legally rejected by both-the Planning and Zoning Commission and the City Council shall be again considered either by the Planning and Zoning Commission or the City Council or an appeal or petition by an appellant or application before the expiration of one (1) year from the date of the original action. AMENDMENT TO SECTION 39 NEXT PAGE 119 AMENDMENT TO SECTION 39 ORDINANCE NO.q('2 I S-S AN O~INANCE AMENDING SECTION 39 of ORDINANCE NO. 77-2090 OF THE CITY OF PLAINVIEW GENERALLY REFERRED TO AS THE "ZONING ORDINANCE" OF THE CITY OF PLAINVIEW, PROVIDING THE PROCEDURE FOR AMENDING THE ORDINANCE BY CHANING BOUNDARIES OR DISTRICTS OR BY CHANGING ANY 0~I"HER PROVISION OF SAID ORDINANCE WHEN THE PUBLIC NECESSITY AND CONVENIENCE AND PUBLIC WELFARE REQUIRES IT; PROVIDING WHO MAY INITIATE THE ACTION, THE DATA TO ACCOPIPANY SUCH ACTION; PROVIDING FOR PUBLIC HEARING AND NOTICE OF ~RE PUBLIC HEARING; THE ACTION BY T}~ PLANNING AND ZONING COMMISSION AT THE CONCLUSION OF THE HEARING; PROVIDING FOR AN APPEAL FROM SUCH ACTION; P~DVIDING THE ACTION TO BE TAKEN BY T}~ CITY COUNCIL ON SUCH APPEAL; PROVIDING THE NOTICE TO BE GIVEN BY THE CITY COUNCIL OF A PUBLIC HEARING PERTAINING TO SUCH MATTER; PROVIDING THE NUMBER OF VOTES OF THE CITY COUNCILMEN REQUIRED WHEN THE ACTION IS FOR THE PURPOSE OF ARRIVING AT A CONCLUSION WHICH WILL BE CONTRARY TO THE ACTION TAKEN BY THE PLAlqNING AND ZONING COMMISSION; THE NUMBER OF VOTES OF THE COUNCILMEN NECESSARY WHEN IT IS TO APPROVE THE ACTION TAKEN BY THE PLANNING AND ZONING COMMISSION; PROVIDING THAT IN CASE OF PROTEST AGAINST AN AMENDMENT TO THE ORDINANCE SIGNED BY THE OWNERS OF TWENTY PER CENT (20%) EITHER OF THE AREA OF THE LOTS INCLUDED IN SUCH PROPOSED CHANGE OR OF THOSE IMMEDIATELY ADJACENT IN THE REAR THEREOF EXTENDING TWO HUNDRED (200) FEET THE~ZFROM OR OF THOSE DIRECTLY OPPOSIT THERETO EXTENDING TWO HUNDRED (200) FEET FROM THE STREET FRONTAGE OF SUCH OPPOSITE LOTS; THAT SUCH AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT WITH A FAVORABLE VOTE OF THREE-FOURTHS (3/41) OF THE MEMBERS OF THE CITY COUNCIL PRESENT AND VOTING UPON THE ISSUE; ll9-A PROVIDING THAT IN THE EVENT OF A DENIAL OF AN APPLICATION BY THE PLANNING AND ZONING COMMISSION AND NO APPEAL THEREFROM IS TAKEN TO THE CITY COUNCIL OR IN CASE AN APPLICATION FOR AN AMENDMENT TO THE ZONING ORDINANCE IS DENIED BY THE CITY COUNCIL, THAT IN EITHER OF SAID EVENTS SAID APPLICATION SHALL NOT BE ELIGIBLE FOR RECONSIDERATION FOR ONE (1) YEAR SUBSEQUENT TO SUCH DENIAL; PROVIDING THAT A NEW APPLICATION EFFECTING 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 BE ELIGIBLE FOR CONSIDERATION WITHIN LESS THAN ONE (1) YEAR OF THE TIME OF ~RE DENIAL OF THE ORIGINAL APPLICATION; PROVIDING THAT IN THE EVENT OF A RE-APPLICATION EFFECTING THE SAME LAND FOR A ZONE THAT WILL PERMIT THE SAME USE OF THE PROPERTY AS THAT WHICH ~ULD HAVE BEEN PERMITTED UNDER THE DENIED APPLICATION THAT THE SAME SHALL NOT BE CONSIDERED AS BEING SUBSTANTIALLY DIFFERENT FROM THE APPLICATION DENIED. BE IT ORDAINED BY THE CITY COUNCIL OF ~E CITY OF PLAINVIEW: Section 1: The entire Section 39 of Ordinance No. 77-2090 is hereby amended so as to hereafter read as follows: "SECTION 39" SECTION 39.1 AMENDMENTS The governing body may, from time to time, amend this ordinance by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment. SECTION 39.2 APPLICATION a. Who may initiate action. Amendment 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 amend- ment. b. Accompanying data. 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 Comprehen- sive Plan and that public necessity, convenience and general welfare require the adoption of the proposed amendment. II 9-B SECTION 39.3 PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISION Upon filing of the application, the Planning and Zoning Commission shall call a public hearing on said application as provided herein. Notice of public hearing. 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 200 feet of the property on which the change in classification is proposed, such notice to be given not less than 10 days before the date set for hearing, to all such owners who have rendered their said property for c~ty taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where prop- erty lying within 200 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 shall be given by one publication in the official newspaper at least 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. Co Action by Planning and Zoning Commission at conclusion of hearing. If at the conclusion of the hearing, the Planning and Zoning Com- mission, decides to recommend amendment of this ordinance to the City Council, said recommendation Shall be by resolution of the Planning and Zoning Commission carried by the affirmative 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. de Appeal of Planning and Zoning Commission denial of application. In the event the Planning and Zoning Commission recommends denial of an application after public hearing, the applicant may appeal said determination to the City Council by filing.a written notice of appeal with the City Clerk within 10 days after the determina- tion of the Planning and Zoning CoMmission. SECTION 39.4 ACTION BY THE CITY COUNCIL If the Planning and Zoning Commission has recommended approval of an application or if the Planning and Zoning Commission has recom- mended denial of an application and a notice of appeal has been filed pursuant to Subsection 39.3 (d) above, the City Council shall set said application for public hearing and shall gi~e notice of the time and place of the hearing by one publication in the official newspaper at least 15 days prior to such hearing, and in addition shall send written notices to the owner of the property or his agent and to all owners of real property lying within 200 feet of the subject property pursuant to Subsection 39°3 (b) above. ll9-C When the City Planning and Zoning Commission has recommended to the City Council 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, in order to adopt the amendment which has been recommended for disapproval by the City Planning and Zoning Commission, the amendment shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the City Council of the City of Plainview present and voting. When the City Planning and Zoning Commission has recommended to the City Council that a proposed amendment he approved, the City Council may disapprove the petition or application for amendment by a simple majority vote of the City Councilmen present and voting. In the event of a tie vote of the City Councilmen present and voting tt~ Mayor may cast the deciding vote. In the case of a protest against an amendment to the ordinance signed by the owners of 20 per cent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of the members of the City Council of the City of Plainview present and voting. SECTION 39.5 EFFECT OF DENIAL OF APPLICATI£~ In case an application for an amendment 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 an 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- year subsequent to such denial. A new application effecting 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 be eligible for consideration, within one year of the denial of the original application. In the event a re-application effecting the same land is for a zone that will permit the same use of the property as 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 2: The fact that questions have been raised pertaining to Section 39 of Ordinance No. 77-2090 which make it advisable in the opinion of the City Council to clarify the language therein and the fact that Section 39 of Ordinance No~ 77-2090 does not prevent a reapplication in the event an ll9-D application has been denied by the planning and zoning commission, could permit and cause an unnecessary burden on the planning and zoning commission and a useless consumption of time and t~erefore, should be clarified, creates an eraergency, and all rules requiring the reading of this Ordinance more than once is hereby suspended and this Ordinance shall take effect from, and after its passage by the City Council and approval by the Mayor. PASSED AND APPROVED this the ~ ~ ~ day of ~- A. D. 1977. ATTEST: M. L. Rea, City Clerk f//J2 Rob~ Ordinance Data !n':roduced I -- ll9-E SECTION 4O VIOLATIONS AND .PENALTIES Any person 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 com- men~ce~ erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, shall for each and every violation or noncompliance-be deemed guilty of a misde- meanor and shall be fined not more than twohundred dollars ($200) and each day such violation shall be permitted to exist shall be construed to constitute a separate offense. The owners 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 vio- lation shall each be_guilty of a separate offense and upon convic- tion shall be subject to the penalties herein provided. SECTION 41 VALIDITY If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged or for any reason held to be unConstitutional, 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 adopting this Ordinance, that no portion thereof, or provision or regulation contained herein shall become inoperative or fail by reason of the ~nconstitutionality or invalidity of any section, paragraph, subdivision, clause, phrase or provision of this Ordinance. SECTION 42 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 abrogate or annul any easement, covenants or other agreements between restriction,upon'~the use of buildings, or premises or upon height of building or requires largeropen spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this Ordinance shall govern. 12D SECTION 43 CONFLICTING ORDINANCES REPEALED All ordinances and parts of ordinances inconsistent or in conflict with this Ordinance are hereby repealed. 121 SECTION 44 EFFECTIVE DATE This amended Ordinance shall become effective from and after the date of its approval and adoption as provided by law. PASSED AND APPROVED FIRST READING THIS THE 1977. 12th DAY OF July PASSED AND APPROVED SECOND READING THIS; THE July , 1977. 26th DAY OF ATTEST: City Clerk 122 ZONE HEARING NOTICE is hereby given to owners of 'the property hereinafter described and referred to and to all other interested persons as provided by'law, that the City Planning Commission will hold a public hearing on the 25th day of OCTOBER 19 79 , at 7:30 O'clock P. M., in 'the Council Chamber of the Cit~, 901 Broadway, Plai~view, Texas, to consider the re- commendations it will make to the Ciq~ Council concerning the following described property and at said hearing all interested persons will. be given an opportunity to be heard. ZONE CASE NO. 426: Request of White, Self & Davenport to rezone lots 1, 2 and 3, Block 73, Alexander & Westmoreland, located at 601 West 7th Street, from a R-2 Zone to OD Zone. ZONE CASE.. NO. 427: Request of Norman Dulaney to rezone the following tracts Of land: TRACT 1: Block 5; Block 6; Block 7~ Block 8; Block 9; Block 10; and Lots t through 3 and 18 through 20 of Block 12; and Lots 1 through 4 and 8 through 10 and the North 4' of Lot 7 of Block 11, Elmdale Subdivisio of Wayland Heights Addition to the City of Plainview, Hale County Texas, ' from a C-2 Zoning to a M-1 Zoning and being located between SW 1st Street and SW 6th Street from...So~th Columbia to South Austin St. TRACT 2: A 320 by 345.7' lot in Block 13, Wayland Heights Addn., to the City of Plainview, Hate County, Texas, from a C.-2 Zoning to a M-1 Zoning, and being located in the 600 block of South Austin Street - TRACT 3: Lots 6 through 10, Block 2, Elmdale Subdivision of the Wayland Heights Addition to the City of P]ainview, Hale County, Texas, from a R-3 Zoning to a M-1 Zoning, and being located in the 200 block of South Austin Street. REQUEST OF WHITE, SELF & DAVENPORT TO REZONE LOTS 1, 2 and 3, BLOCK 73, ALEXANDER & WESTMORELAND, LOCATED AT 601 WEST 7TH STREET, FROM A R-2 ZONE TO A OD ZONE. $ EVE NTH C) .STREE:F ! . .SIXTH ! L :I.-- CO -.J o ~ TRACT #1 Block 5, i]lock 6, Block 7, Block 8, Block 9, Block 10, and Lots 1 through 3 and 18 through 20 f Block 12, and Lots l~through 4 and 8 t~rough 10 and the Ntirth 4' of Lot 7 of B' ~ck 11, Elmdale Sub- d' ~ision of Wayland H~ ights Addition to t} _~ City of Plainview, H~ le County, Texas l( :ated betWeen SW 1st art S~'~ 6th from South Cc 'umbia to South A~tJn Street, from ,~ iA 320 by 345.7' Lot i~in Block 13, Wayland ~Heights Addn., to the L !City of Plainview, ~ 'L~.~ Hale County, Texas, located in the 600 ~-- I block of South Austin r~Street, from C-2 to ~ ~-~. M-1 Zoning. ~ ~ TRACT #3 ~.~ Lots 6 through 10, Block 2, Elmdale Subdivision of the Wayland Heights Addition to the City of Plainview, Hale County, Texas, located in the 200 block of South Austin Street, from R-3 to a M-1 Zoning.